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Home My WebLink About110999 CC AgendaIn 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 NOVEMBER 9, 1999 - 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 10:00 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 10:00 P.M. 6:30 P.M.. - Closed Session of the.City Council and the. Redevelopment Agency, in the Main Conference Room,' pursuant:to Government Code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28640 Pujol Street (APN 922-053-020 and 922-053-021). The negotiating parties are the City of TemeculalRedevelopment Agency of the City of Temecula and Lawer. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. The City/Agency negotiators are Shawn Nelson, Jim O'Grady, and John :Meyer. 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation involving the City. The following case/claim will be discussed: 1) City of Temecula vs. Boysen. Public information concerning existing litigation between the City and various parties can be acquired by reviewing the:public documents held by the City Clerk. Next in Order: Ordinance: No. 99-28 Resolution: No. 99-102 CALL TO ORDER: Prelude Music: Jennifer Taft Invocation: Pastor Tim Buttrey of Temecula Valley Christian Center Flag Salute: Councilmember Roberrs ROLL CALL: Comerchero, Lindemans, Roberrs, Stone, Ford R:~Agenda\110999 1 PRESENTATIONS/PROCLAMATIONS Women's Club Million Dollar Goal Introduction of Nakayama Dele.qates 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, then (10) minutes will be devoted to these reports. 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. I Standard Ordinance Adol3tion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 5, 1999. R:~Agenda\110999 2 3 4 Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of September 30, 1999 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of September 30, 1999. Liability Insurance Renewal RECOMMENDATION: 5.1 Approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West in the amount of $81,650 for general liability and automobile physical damage insurance for the period of December 1, 1999, through December 1, 2000. Extension of the prohibition on Consumption of Alcoholic Beverages to Bridlevale Homeowner's Association property pursuant to Temecula Municipal Code Section 9.14.030 RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE PROHIBITION ON CONSUMPTION OF ALCOHOLIC BEVERAGES TO BRIDLEVALE HOMEOWNER'S ASSOCIATION PROPERTY PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 9.14.030 A.qreement affectin.q Real Property at 28820 Single Oak Drive, Temecula, providin.q for Deferral of Development Impact Fee RECOMMENDATION: 7.1 Approve an agreement with Chemicon International, Inc. that provides for the deferral of Development Impact Fees over a five-year period. R:~,genda\l 10999 3 8 10 11 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 23371-1 (located northwesterly of the intersection of Rancho California Road at Meadows Parkway) RECOMMENDATION: 8.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public improvements for the interior streets in Tract No. 23371-1; 8.2 Direct the City Clerk to so notify the developer and the surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 23371-2 (located northwesterly of the intersection of Meadows Parkway at Rancho California Road) RECOMMENDATION: 9.1 Authorize release of the Faithful Performance Warranty and Labor and Materials Securities for public improvements for the interior streets in Tract No. 23371-2; 9.2 Direct the City Clerk to so notify the developer and the surety. Proposed State Sales Tax Shift ('SMART Formula) RECOMMENDATION: 10.1 Approve and support the letter of opposition identifying the City's position to the proposed fiscal reform plan by the State Controller. Second Readin.q of Ordinance No. 99-27 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 99-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND ELI LILLY AND COMPANY FOR PROPERTY GENERALLY LOCATED EAST OF YNEZ ROAD, WEST OF MARGARITA ROAD AND SOUTH OF OVERLAND DRIVE (PLANNING APPLICATION NO. PA99-0274) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~Agenda\l 10999 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 99-01 Resolution: No. CSD 99-14 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Ford, Lindemans, Roberts, Stone, Comerhcero 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 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 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 I Minutes RECOMMENDATION: 1.1 Approve the minutes of October 5, 1999. 2 Authorization for Public Bid for the Mar.clarita Community Park Fencin.Q/LightinQ Proiect RECOMMENDATION: 2.1 Add the lighting retrofit for the roller hockey rink and the tennis courts at Margarita Community Park to the Margarita Fencing Project in the FY 1999/2000 Capital Improvement Program; 2.2 Approve the construction documents and authorize the release of a formal public bid for the Margarita Community Park Fencing/Lighting Project. R:~Agenda\l 10999 5 3 Children's Museum Feasibility Study Contract RECOMMENDATION: 3.1 Award a contract of $30,000 to AMS Planning and Research for the preparation of a feasibility study for the Children's Museum Project. DISTRICT BUSINESS 4 City of Temecula Wall of Honor RECOMMENDATION: 4.1 Approve the ten recommended honorees for placement on the Wall of Honor. 4.2 Establish the Temecula Heritage Plaque to honor those persons whose community contributions were made primarily pdor to incorporation and approve the first seven entries. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next adjourned regular meeting: November 16, 1999, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\l 10999 6 Next in Order: Ordinance: No. RDA 99-01 Resolution: No. RDA 99-17 CALL TO ORDER: Chairperson Karel Lindemans presiding ROLL CALL AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans 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 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 October 5, 1999. 2 First Amendment to Owner Participation Agreement between Costco and the Redevelopment Agency of the City of Temecula (for property located at 40435 Winchester Road) RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~Agenda\l 10999 7 3 4 RESOLUTION RDA NO. 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND COSTCO WHOLESALE CORPORATION Purchase and Sale A.Qreements for Residential Sites in the North Puiol Area RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED AT 42291 SIXTH STREET IN THE CITY OF TEMECULA 3.2 Adopt a resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED AT 42230 SIXTH STREET IN THE CITY OF TEMECULA Time Extension for Develol~ment of Affordable Housin.Q RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA NO. 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA EXTENDING THE TIME FOR DEVELOPMENT OF LOW AND MODERATE INCOME HOUSING ON APPROXIMATELY 40 ACRES OF REAL PROPERTY OWNED BY THE AGENCY FOR LOW AND MODERATE INCOME HOUSING AT THE SOUTHWEST CORNER OF DIAZ ROAD AND CHERRY STREET R:V~,genda\l 10999 8 5 Sale of Reeves Prol~ertv to Richardson RV Center RECOMMENDATION: 5.1 Approve the First Amendment to Agreement for Purchase and Sale and Joint Escrow instructions for the Reeves property located at 27500 Jefferson Avenue to Richardson RV Center. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next adjourned regular meeting: November 16, 1999, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\110999 9 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS 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 hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 12 Planning Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219- Paloma del Sol), Planning Application No. PA99-0283 ('Development Agreement for the Villages at Paseo del Sol- Community Shopping Center), Planning Application No. PA99- 0284 (Development Plan - Appeal) and Planning Application No. PA99-0286 (Tentative Parcel MaD No. 29431 -Appeal) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT NO ADDITIONAL ANALYSIS IS REQUIRED PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED AND THE GUIDELINES PROMULGATED THEREUNDER REGARDING PLANNING APPLICATION NOS. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219); PA99-0283 (DEVELOPMENT AGREEMENT FOR THE VILLAGES AT PASEO DEL SOL, COMMUNITY SHOPPING CENTER); PA99-0284 (DEVELOPMENT PLAN) AND PA99-0286 (TENTATIVE PARCEL MAP NO. 29431 ) 12.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDES PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, WITH A R:%Agenda\l 10999 10 MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DUIAC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK 12.3 Read by title only and introduce an ordinance entitled ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS l(a) & l(b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7 12.4 12.5 Deny the appeal of Planning Application No. PA99-0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431); Uphold the approval by the Planning Commission of Planning Application No. PA99- 0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431); 12.6 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND PLANNING APPLICATION NO. PA99-0286 (TENTATIVE PARCEL MAP NO. 29431 ), AND UPHOLDING THE APPROVAL OF THESE PROJECTS BY THE PLANNING COMMISSION, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK R:~Agenda\l 10999 11 13 Planning Application No. PA98-0447 (Tentative Tract Map) a request to subdivide 6.31 acres of land into twenty-four (24) residential lots and Planning Application No. PA99- 0238 (Development AGreement) a request for a Development Agreement to allow a minimum of five (5) foot side yard setback (for property located on the south side of Via La Vida between Mamadta Road and Solana Way) RECOMMENDATION: 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HIRAM-HILL, LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY 13.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF PLANNING APPLICATION NO. PA98-0447 FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY 14 Development Agreement with Pala Rainbow LLC (for property located near the intersection of Highway 79 South and Pala Road) RECOMMENDATION: 14.1 Adopt the Negative Declaration for Planning Application No. PA99-0273; 14.2 Introduce and read by title only an ordinance. ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) R:~Agenda\l 10999 12 COUNCIL BUSINESS 15 1999-00 Community Service Funding Program Committee Recommendations RECOMMENDATION: 15.1 Review and approve the 1999-00 Community Service Funding Program requests per the table outlining the Committee's recommendations of 32 organizations totaling $102,000. 16 Old Town Redevelopment Advisory Committee Appointment RECOMMENDATION: 16.1 Appoint two applicants to serve on the Old Town Redevelopment Advisory Committee each a four-year term to expire September 26, 2003. 17 Public Traffic Safety Commission Appointment RECOMMENDATION: 17.1 Appoint two applicants to serve on the Public/Traffic Safety Commission each a three-year term to expire October 10, 2002. 18 Appointment of Representative and Alternate to the Riverside Transit Agency RECOMMENDATION: 18.1 Appoint a member of the City Council to serve as the representative for the Riverside Transit Agency; 18.2 Appoint Karel Lindemans to serve as alternate for the Riverside Transit Agency through December 31, 1999. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next adjourned regular meeting: November 16, 1999, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. R:~,genda\l 10999 13 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 5, '1999 The Open Session of the City Council meeting convened at 7:00 P.M. Present: Councilmembers: Comerchero, Lindemans, Roberrs, Stone, and Ford. Councilmember: None. Absent: PRELUDE MUSIC The prelude music was provided by Kurt Jordan. INVOCATION The invocation was given by Pastor Cary Wacker of Rancho Baptist Church. ALLEGIANCE The audience was led in the Flag salute by Councilman Comerchero. PRESENTATIONS/PROCLAMATIONS Presentation to the Fire Explorers Firefighters Longmore and Knockman briefly reviewed the operations of the Fire Explorer Program and introduced the Fire Explorers and presented Special Achievement Awards to each. Alternatives to Domestic Violence Councilman Roberts, Board of Director of Alternatives to Domestic Violence, presented the Domestic Violence Awareness Week Proclamation to Ms. Niles who, in turn, accepted and extended appreciation to the City Council for its support as an advocate for domestic violence victims in the Temecula area. PUBLIC COMMENTS A. Mr. David Micheal, 30300 Churchill Court, addressed his concerns with regard to campaign signs, the enforcement of them, the placement of them, the size of them, and requested that all the placement of all signs, including realty signs, be equally handled by staff. B. Ms. Pamela Miod, 31995 Via Saltio, addressed traffic issues with regard to Highway 79; suggested better signal timing at Bedford Court and La Paz Road; and expressed concern with the amount of growth in the City and its impacts on infrastructure. R:\Minutes\l 00599 1 CITY COUNCIL REPORTS A. For Councilman Comerchero, Deputy City Manager Thornhill verified that prior to staff removing any campaign signs, all Council candidates were notified. B. Advising that the recently restored buildings in the County (historic Vail Ranch buildings) were badly vandalized, Councilman Comerchero noted that the Pastor at Sunrise Christian Fellowship Church has expressed an interest in leading a group to restore these historic buildings. Mr. Comerchero stated that discussions are underway with the County in order to assess the damages and to obtain permission for restoration of this historic site. C. In response to Councilman Comerchero, City Attorney Thorson suggested that staff explore with the County the provisions of rewards as it relates to the Graffiti Ordinance, noting that the State Code reflects that the reward paid must be within the City the damages occurred. City Manager Nelson noted that staff would follow up on the matter. D. With regard to the size and placement of campaign signs, Mayor Pro Tem Stone reiterated that all City Council candidates were notified, by staff, on several occasions and because numerous violations were occurring, staff began to enforce the Ordinance. Mr. Stone as well noted that the City Council Candidate's Briefing addressed numerous issues, including signage and the placement of them. In closing, Mayor Pro Tem Stone relayed his disappointment with the spirit of this election, referencing a recently mailed flier. E. Having attended a recent Western Riverside Council of Governments Executive Committee Meeting, Councilman Roberts apprised the Council and the viewing public of the impact and associated hazards with the red imported fire ant. F. Advising that he had attended the Rail Volution '99 Conference in Dallas, Texas, Councilman Roberts noted that topics of discussion included building livable communities with transit. G. Having recently traveled to San Jose, Councilman Lindemans advised that the County allocates 1% of its sales tax to public transportation. H. Mayor Ford commented on the continuing lobbying efforts with regard to the Multi- Species Agreement. CONSENT CALENDAR 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: R:\Minutes\100599 RESOLUTION NO. 99-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report as of Au.clust 31, 1999 4 5 6 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of August 31, 1999 Release Faithful Performance Warranty and Labor and Materials securities in Tract No. 24133-5 (located westerly of Montele.qro Way, between McCabe Drive and Leena Way) RECOMMENDATION: 4.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for the public improvements in Tract No. 24133-5; 4.2 Direct the City Clerk to so advise the developer and surety. Release Faithful Performance Warranty and Labor and Materials securities in Tract No. 24135-2 (located at the southwesterly corner of Pio Pico Road at Amarita Way) RECOMMENDATION: 5.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for public street and drainage, and water and sewer system improvements in Tract No. 24135-2; 5.2 Direct the City Clerk to so advise the Developer and Surety. Release Public Works Warranty and Labor and Materials securities in Tract No. 24135-F (located at the northwesterly corner of Meadows Parkway at Leena Way) RECOMMENDATION: 6.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for public street and drainage, and water and sewer system improvements in Tract No. 24135-F; 6.2 Direct the City Clerk to so advise the Developer and Surety. R:\Minutes\100599 8 Intention to Vacate Portion of North General Kearny Road in Tract No. 3334 (located at the southeast corner of intersection of Mar.qarita Road at North General Kearn¥ Road) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 99-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF NOTICE OF INTENTION TO VACATE A PORTION OF NORTH GENERAL KEARNY ROAD AT MARGARITA ROAD IN TRACT NO. 3334, AND SETTING A PUBLIC HEARING ON THE VACATION Scheduled for a public hearing on November 9, 1999. Parcel MaD No. 28471 (located on the west side of Winchester Road, west of Bostik Court RECOMMENDATION: 8.1 Approve Parcel Map No. 28471 in conformance with the Conditions of Approval; 8.2 Approve Subdivision Improvement Agreement and accept the 10% Maintenance Bond as security for the agreement; 8.3 Approve Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 9 Completion and Acceptance for the Old Town Streetscape, Proiect No. PW97-05 RECOMMENDATION: 9.1 Accept the Old Town Streetscape Project constructed by Valley Crest Landscape, Inc., Project No. PW97-05, as complete except for the remaining items on the punch list; 9.2 File a Notice of Completion, except for punch list items, reduce the Performance Bond to $60,000 and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 9.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed; 9.4 Withhold $49,620.82 for electrical/sound system Warranty Retention for a period of one (1) year after the Notice of Completion is recorded. Mayor Pro Tem Stone abstained with regard to this Item. Supplemental material was distributed reflecting the above-noted recommendation. R:\Minutes\100599 10 Completion and Acceptance for the Street Sealin.cl Project FY98-99, Proiect No. PW99-04 RECOMMENDATION: 10. 1 Accept the project for the Street Sealing Project FY98-99, Project No. PW99-04, as complete; 10.2 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; 10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 11 Woodside Homes Reimbursement Agreement 12 RECOMMENDATION: 11.1 Approve the first amendment to subdivision agreement with Woodside Chantemar Homes to compensate the developer in an amount not to exceed $78,292 for the costs associated with installing the landscaping for the wetlands mitigation area and the letter agreement with Woodside Chantemar for changes to the project; 11.2 Approve a transfer of $78,292 in Capital Reserve Funds from the Nicolas Road Sidewalks project ($75,000) and the I-15/Santiago Road Additional Interchange Improvements project (3,292). Considered under separate discussion; see pages 6-7. Request to Desi.qnate Certain Property as No Skateboardin.ch Rollerblading or Similar Activity Area RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 99-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 27555 YNEZ ROAD A NO SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA PURSUANT CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE 13 Second Readin.q of Ordinance No. 99-26 RECOMMENDATION: 13.1 Adopt an ordinance entitled: R:\Minutes\100599 5 ORDINANCE NO. 99-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR PRACTICE OF MASSAGE WITHIN THE CITY OF TEMECULA, REPEALING RIVERSIDE COUNTY ORDINANCE NO. 596 AS ADOPTED BY THE CITY, AND AMENDING SECTION 1.08.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY REFERENCE OF RIVERSIDE COUNTY ORDINANCES MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-10 and 12-13 (Item No. 11 was pulled for separate discussion). The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Consent Calendar Item considered under separate discussion 11 Woodside Homes Reimbursement Agreement RECOMMENDATION: 11.1 Approve the first amendment to subdivision agreement with Woodside Chantemar Homes to compensate the developer in an amount not to exceed $78,292 for the costs associated with installing the landscaping for the wetlands mitigation area and the letter agreement with Woodside Chantemar for changes to the project; 11.2 Approve a transfer of $78,292 in Capital Reserve Funds from the Nicolas Road Sidewalks project ($75,000) and the I-15/Santiago Road Additional Interchange Improvements project (3,292). Mr. Mel Southward, 40755 La Colina Road, informed the Council that the promised letter of responsibility for damages caused to property by future rains has not been received and, therefore, relayed his opposition to compensating the developer. Mr. Southward also noted that the wall has not been reduced to five feet and that the 3 to 1 slope for lots 5, 6, 7, and 8 has not been addressed. Mr. Paul Nelsen, 40685 La Colima, requested that the City Council continue this matter and expressed his concerns with regard to grading, drainage, 10' setback, trail, and erosion control. For Mr. Nelson, Mayor Ford provided clarification with regard to the Wetlands Agreement. Councilman Lindemans spoke in support of a continuance. Mrs. Susan Nelson, 40685 La Colima, relayed her concerns with regard to stability as well as the landscaping of the 40' buffer area. At this time, the public hearing was closed. MOTION: Councilman Lindemans moved to continue this matter for a month. The motion was seconded by Councilman Roberts. (This motion was amended; see page 7.) R:\Minutes\100599 6 In light of the upcoming rainy season and to ensure proper erosion control, Mayor Pro Tern Stone expressed some concern with delaying this project. Advising that the developer has met with the homeowners on several occasions and has attempted to mitigate the homeowners' concerns, City Manager Nelson commented on the impacts by further delaying this project. At this time, Mayor Ford reopened the public hearing. Mr. Southward advised that the 3 to 1 slope has not been completed on lots 5, 6, 7, and 8. City Manager Nelson advised that the developer has agreed to the 3 to 1 slope because the City agreed to accept the cost associated with installing the planting in the wetlands area, noting that such work is contingent upon the approval of the proposed agreement. Mayor Ford reiterated the proposed agreement which included the lowering of lots 5, 6, 7, and 8 and grading the upper 5' of the slope at a 3 to 1. Mr. Ford recommended that no funds be dispersed to the developer until the work has been completed as per the agreement. If this item were continued, Councilman Comerchero emphasized to the attending homeowners that a continuance would further delay the erosion plan. In response to Mr. Comerchero, those residents in attendance with regard to this issue, all spoke in support of a continuance. At this time, Councilman Lindemans offered the following amendment to his previously made motion. MOTION: Councilman Lindemans moved to continue this item to the October 19, 1999, City Council meeting. The motion was seconded by Councilman Roberts and reflected unanimous approval. Director of Public Works Hughes informed the Council that the proposed agreement does not address the retaining walls, advising that these walls were approved with a grading plan and that these walls will be engineered to City standards. At 8:07 P.M., the City Council recessed and convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:24 P.M., the City Council resumed with regularly scheduled City Council business. COUNCIL BUSINESS 14 Old Town Local Review Board Appointment RECOMMENDATION: 14.1 Appoint one alternate to serve an unexpired term on the Old Town Local Review Board. City Clerk Jones presented the staff report (as per agenda material). MOTION: Councilman Lindemans moved to appoint Mr. Ned Montgomery. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. R:\Minutes\l 00599 7 Mayor Ford requested that, on behalf of the City Council, a letter of appreciation be sent to Mr. Otto Baron. 15 1999 Re.qional Housin.q Needs Assessment RECOMMENDATION: 15.1 Receive and file the Regional Housing Needs Assessment Report. Both Deputy City Manager Thornhill and Senior Planner Hogan reviewed and provided clarification with regard to the staff report and supplemental material (of record), advising that the numbers reflected in the supplemental material are a combination of a SCAG's target and State expectations as of January 1, 1998; that in light of the City's growth since 1998, the City should be meeting its expectations in the low and moderate categories; and that these numbers do not reflect an annual allocation but a 71/2 year total. Because SCAG obtained its numbers from the 1990 census, Councilman Roberts advised that the Western Riverside Council of Governments (WRCOG) does not agree with SCAG target numbers and that WRCOG has recommended to delay this project until the completion of the 2000 census. In light of the upcoming change in the Council, Councilman Lindemans requested that staff provide a four-year history with regard to this issue. Having a concern with meeting the expectations of the very low and low categories, Mayor Ford referenced potential funding from a California Housing Finance Agency Program. MOTION: Mayor Pro Tem Stone moved to receive and file the Regional Housing Needs Assessment Report. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. CITY MANAGER'S REPORT City Manager Nelson commented on completed paving improvements on Winchester Road, noting that striping and improvements should be fully completed by the end of next week. With regard to the Overland Overcrossing, Mr. Nelson advised that the Overcrossing will be open within the next 21/2 weeks, prior to the Mall opening. With regard to the Highway 79S Project, Mr. Nelson noted that this project is being administered by the County, not the City; that the County will begin on the construction of an additional westbound land from Pala Road to Interstate 15 as per City Council approval of a change order; and that this project should be completed within 10 days. In closing, City Manager Nelson recognized and extended appreciation to Information Systems Administrator Hafeli, Information Systems Specialist Bridgham, and Facility Maintenance Coordinator Kanigowski for their continual technical and audio support at the City Council meetings. CITY ATTORNEY'S REPORT No comments. R:\Minutes\100599 ADJOURNMENT At 8:43 P.M., the City Council meeting was formally adjourned to Tuesday, October '19, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] R:\Minutes\100599 ITEM 3 RESOLUTION NO. 99- 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 $2,071,484.10. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 9th day of November 1999. A'I'I'EST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SE q Resos 99- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 99- was duly adopted at a regular meeting of the City Coundl of the City of Temecula on the 9th day of November 1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/14/99 TOTAL CHECK RUN: 10/21~9 TOTALCHECKRUN: 10/28/99 TOTAL CHECK RUN: 11/09/99 TOTAL CHECK RUN: 1~14~9 TOTALPAYROLLRUN: 10/28/99 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 11109199 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 210 261 280 300 320 330 340 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES 100 165 190 191 193 194 280 300 320 330 340 GENERAL FUND RDA-LOW/MOD SET ASIDE COIVlVlUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: PREPARED BYJADAYONKER, ACCOUNTING SPECIALIST I GENIE ROBERTS, DIRECTOR OF FINANCE $ 447,671.57 330,824.43 325,628.37 573,346.33 198,073.78 195,939.62 $ 2,071,484.10 415,061.52 494,535.11 101,609.40 18,562.32 26,055.71 23,475.23 1,052.74 496,879.14 3,750.00 10,833.79 1,047.97 66,906.41 10,139.45 7,561.91 286,077.10 7,142.80 67,324.27 139.41 5,522.64 1,228.38 3,338.04 1,553.28 10,880.06 2,960.86 7,846.56 $ 1,677,470.70 394,013.40 2,071,484.10 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAWN NELSON, CITY MANAGER CBTY OF TEMECULA LiST OF DEMANDS 10/14/99 TOTAL CHECK RUN: 10/21/99 TOTAL CHECK RUN: 10/28/99 TOTAL CHECK RUN: 11/09/99 TOTAL CHECK RUN: 10/14/99 TOTAL PAYROLL RUN: 10/28/99 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 1110S/99 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 210 261 280 300 320 330 340 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY..CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES 100 GENERAL FUND 1~ ~ RDA-LOW/MOD SET ASIDE 1~, COblMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: :~TY MANAGER $ 447,671.57 330,824.43 325.628.37 573,346.33 198,073.78 195,939.62 $ 2,071,484.10 415,061.52 494,535.11 101.609.40 18,562.32 26,055.71 23,475.23 1,052.74 496,879.14 3,750.00 10,833.79 1.047.97 66,906.41 10,139.45 7,561.91 286,077.10 7 '~42.80 4" 224.27 139.41 5,522.64 1,228.38 1,553.28 10,880.05 2,960.86 7.846.55 $ 1,6771470.70 394.013.40 2,071,484.10 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 1 O/14/99 12:27 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 15 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/HOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 T~SD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 101,166.21 255,297.99 35,645.66 14,729.14 977.95 352.18 13,416.56 3,128.28 364.72 11,238.04 8,829.61 2,525.23 TOTAL 447,671.57 VOUCHRE2 CITY OF TEMECULA 10/14/99 12:27 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 58307 10/13/99 002185 POSTMASTER - TEMECULA ANNUAL RENEWAL PERMIT #147 001-110-999-5230 100.00 100.00 122241 10/07/99 000166 FIRST AMERICAN TITLE CO PURCHASE PARCEL 922-053-008 165-199-823-5700 81,100.00 81,100.00 991008 10/07/99 000166 FIRST AMERICAN TITLE CO PURCHASE PROPERTY:28516 PUJOL 165-199-823-5700 163,900.00 163,900.00 58310 10/14/99 003552 A F L A C 003552 CANCER 001-2330 234.50 58310 10/14/99 003552 A F L A C 003552 EXP PROT 001-2330 189.23 58310 10/14/99 003552 A F L A C 003552 EXP PROT 190-2330 55.80 58310 10/14/99 003552 A F L A C 003552 EXP PROT 300-2330 5.47 58310 10/14/99 003552 A F L A C 003552 HOSP IC 001-2330 17.50 58310 10/14/99 003552 A F L A C 003552 STD 001-2330 670.40 58310 10/14/99 003552 A F L A C 003552 STD 190-2330 112.00 58310 10/14/99 003552 A F L A C 003552 STD 300-2330 8,00 1,292.90 58311 10/14/99 003584 A PLUS RELOCATION SPECI REISSUE #54663:MOVE MUS.PIECES 190-185-999-5250 1,052.25 1,052.25 58312 10/14/99 001700 A PLUS TEACHING MATERIA SUPPLIES FOR TINY TOTS 190-183-999-5320 47.82 47.82 58313 10/14/99 000116 A V P VISION PLANS 000116 AVP 001-2310 624.53 58313 10/14/99 000116 A V P VISION PLANS 000116 AVP 190-2310 29.75 58313 10/14/99 000116 A V P VISION PLANS 000116 AVP 340-2310 18.58 58313 10/14/99 000116 A V P VISION PLANS COBRA GREEK/OCT 99 VISION 001-1180 18.58 691.44 58314 10/14/99 003304 ADAMS ADVERTISING INC OCT BILLBOARD ADVERTISING 280-199-999-5362 1,700.00 1,700.00 58315 10/14/99 003802 ADOLF KIEFER & ASSOCIAT LIFEGUARD PROFILE SHORT 190-183~999-5310 456.00 58315 10/14/99 003802 ADOLF KIEFER & ASSOCIAT FREIGHT 190-183-999-5310 12.50 468.50 58316 10/14/99 001916 ALBERT A WEBB ASSOCIATE AUG INSPECTION SVCS:R.C/I-15 210-165-601-5801 2,403,58 2,403.58 58317 10/14/99 ALLEN, JASON REFUND:LABOR DAY SB TOURNAMENT 190-183-4994 200.00 200.00 58318 10/14/99 003688 ALTIMA SOLUTIONS 2 HP INKJET PRINTERS 320-199-999-5242 1,458.00 58318 10/14/99 003688 ALTIMA SOLUTIONS FREIGHT 320-199-999-5242 104.00 58318 10/14/99 003688 ALTIMA SOLUTIONS SALES TAX 320-199-999-5242 113.00 1,675.00 58319 10/14/99 003607 AMERICAN FIRST AID & SA SR CENTER FIRST AID KIT 190-181-999-5250 172.31 58319 10/14/99 003607 AMERICAN FIRST AID & SA TCC FIRST AID KIT 190-184-999-5250 172.31 58319 10/14/99 003607 AMERICAN FIRST AID & SA CRC FIRST AID KIT 190-182o999-5250 172.31 516.93 58320 10/14/99 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 001-162-999-5263 72.71 72.71 58321 10/14/99 003285 AMERIPRIDE UNIFORM SERV SEP MAT/TOWEL RENTAL:CITY HALL 340-199-701-5250 83.40 58321 10/14/99 003285 AMERIPRIDE UNIFORM SERV SEP MAT/TOWEL RENTAL:MNTC FAC 340-199-702-5250 34.20 58321 10/14/99 003285 AMERIPRIDE UNIFORM SERV SEP MAT/TOWEL RENTAL:SR CTR 190-181-999-5250 36.96 58321 10/14/99 003285 AMERIPRIDE UNIFORM SERV SEP MAT/TOWEL RENTAL:CRC 190-182-999-5250 95.20 58321 10/14/99 003285 AMERIPRIDE UNIFORM SERV SEP MAT/TOWEL RENTAL: TCC 190-184-999-5250 51.46 58321 10/14/99 003285 AMERIPRIDE UNIFORM SERV SEPT UNIFORMS FOR TCSD MNTC 190-180-999-5243 42.00 58321 10/14/99 003285 AMERIPRIDE UNIFORM SERV SEPT UNIFORMS FOR PW MNTC 001-164-601-5243 73.16 416.38 VOUCHRE2 CITY OF TEMECULA 10/14/99 12:27 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58322 10/14/99 003763 APPRAISALS ASAP RESIDENTIAL APPRAISAL:6TH ST 165-199-999-5250 300.00 300,00 58323 10/14/99 003266 ARCUS DATA SECURITY SEPT OFFSITE RECORDS STORAGE 001-120-999-5277 651.14 651.14 58324 10/14/99 001323 ARROWHEAD WATER INC BOTTLED WATER SVCS: MNTC FAC 340-199-701-5250 260.42 260.42 58325 10/14/99 000427 ARTESIA IMPLEMENT INC REPAIR/MAINT OF EQUIP.:TCSD 190-180-999-5214 128.98 128.98 58326 10/14/99 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL REPAIRS- TCC 190-184-999-5212 645.00 645.00 58327 10/14/99 002950 BODY THERAPEUTICS SUNSCREEN - SPF 35 190-183-999-5310 58327 10/14/99 002950 BODY THERAPEUTICS FREIGHT 190-183-999-5310 58327 10/14/99 002950 BODY THERAPEUTICS SALES TAX 190-183-999-5310 108.00 3.~ 8.37 120.10 58328 10/14/99 003126 BOOHGAARDEN, DENNIS TCSD INSTRUCTOR EARNINGS 190 - 183 - 999 - 5330 348. O0 348.00 58329 10/14/99 003772 BUTSKO UTILITY DESIGN I OVRHEAD UTILITY MGMT STUDY 280-199-999-5250 720. O0 720. O0 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/!4/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58330 10/14/99 003553 58332 10/14/99 003214 58333 10/14/99 003769 58333 10/14/99 003769 58333 10/14/99 003769 58334 10/14/99 000638 58334 10/14/99 000638 58334 10/14/99 000638 C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA CAL NAT CAL OLYMPIC SAFETY CAL OLYMPIC SAFETY CAL OLYMPIC SAFETY CALIF DEPT OF CONSERVAT CALIF DEPT OF CONSERVAT CALIF DEPT OF CONSERVAT 003553 LTD 001-2380 003553 LTD 165-2380 003553 LTD 190-2380 003553 LTD 191-2380 003553 LTD 193-2380 003553 LTD 194-2380 003553 LTD 280-2380 003553 LTD 300-2380 003553 LTD 320-2380 003553 LTD 330-2380 003553 LTD 340-2380 003553 STD 001-2500 003553 STD 165-2500 003553 STD 190-2500 003553 STD 191-2500 003553 STD 193-2500 003553 STD 194-2500 003553 STD 280-2500 003553 STD 300-2500 003553 STD 320-2500 003553 STD 330-2500 003553 STD 340-2500 PW PATCH TRUCK MATERIALS 4 STAR SHORT JACKET/FLUORESCNT FREIGHT SALES TAX 2ND QTR 99 STRONG MOTION PMT 2ND QTR 99 STRONG MOTION PMT LESS SEISMIC EDUCATION FEES 001-164-601-5218 001-164-601-5243 001-164-601-5243 001-164-601-5243 001-2280 001-2290 001-162-4229 I, 345.02 37.20 228.84 .75 25.04 6.63 16.41 7.12 37.35 8.08 28.62 1,877.41 51.94 319.42 1.05 34.95 9.25 22.90 9.94 52.14 11.28 39.95 1,798.15 449.75 9.39 34.86 3,129.35 4,530.56 383.00- 4,171.29 1,798.15 494.00 7,276.91 VOUCHRE2 CITY OF TEMECULA 10/14/99 12:27 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEH AMOUNT CHECK AMOUNT 58335 10/14/99 000152 CALIF PARKS & RECREATIO MEMBERSHIP: LORRI ANN AMAVISCA 190-180-999-5226 115,00 115,00 58336 10/14/99 001655 CAMERON WELDING SUPPLY WELDING SERVS & SUPPLIES 58336 10/14/99 001655 CAMERON WELDING SUPPLY WELDING SERVS & SUPPLIES 190-184-999-5301 190-184-999-5301 28.34 5.00 33.34 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 001-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 165-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 190-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 191-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 193-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 194-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 280-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 300-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 320-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 330-2360 58337 10/14/99 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 340-2360 583.39 13.01 110.28 .33 12.57 2.92 6.49 3.24 13.00 6.50 15.27 767. O0 58338 10/14/99 CASTRO, MARIA REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 58339 10/14/99 002534 CATERERS CAFE REFRESHMENT FOR PROF MTGS 001-161-999-5260 58339 10/14/99 002534 CATERERS CAFE REFRESHMENTS FOR PROF MTGS 001-161-999-5260 127.65 171.99 299.64 58340 10/14/99 001195 CENTRAL SECURITY SERVIC CRC ALARM MONITORING SVCS 190-182-999-5250 58340 10/14/99 001195 CENTRAL SECURITY SERVIC CRC QTRLY FIRE SYS INSPECTION 190-182-999-5250 58340 10/14/99 001195 CENTRAL SECURITY SERVIC SR CTR ALARM MONITORING SVCS 190-181-999-5250 50.00 150.00 45.00 245.00 58341 10/14/99 CHULA VISTA, CITY OF 99-00 TRAINING CONSORTIUM FUND 001-150-999-5250 74.01 74.01 58342 10/14/99 002147 COMPLIMENTS COMPLAINTS FAMILY FUN NIGHT - I CLOWN 190-183-999-5370 85.00 85.00 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-GTH STREET 001-164-603-5218 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-CITY HALL 340-199-701-5212 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-CRC 190-182-999-5212 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-MNTC FAC 340-199-702-5212 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-MUSEUM 190-185-999-5212 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-PARKS&RECR 190-180-999-5212 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITOR]AL SUPPLIES-SR CENTER 190-181-999-5212 58343 10/14/99 003252 CONTRACT SERVICES CORPO JANITORIAL SUPPLIES-TCC 190-184-999-5212 58344 10/14/99 000864 CORONA CLAY COMPANY INC ANGEL MIX:TEN ELEM POOL REPAIR 190-180-999-5212 35.02 195.95 644.77 137.27 312.52 210.11 118.04 118.04 471.41 1,771.72 471.41 58345 10/14/99 003845 CUTTING EDGE MARKETING DESIGN CITY STREET BANNER 001-111-999-5270 250.00 250.00 58346 10/14/99 D & D COMMERCIAL CONSTR REFUND:OVRPMT FEE LD99-117GR 001-163-4362 50.00 50.00 58347 10/14/99 003625 DAVIS, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 80.00 80.00 58348 10/14/99 002954 DIAMOND GARAGE DOOR INC RESIDENTIAL IMPROV:C.J.MCWARD 165-199-813-5804 58349 10/14/99 002701 DIVERSIFIED RISK SEP 99 SPECIAL EVENT INSURANCE 300-2180 1,420.00 175,03 1,420.00 175.03 VOUCHRE2 10/14/99 VOUCHER/ CHECK NUMBER 58350 58351 58351 58351 58352 58353 58354 58354 58354 58354 58354 58355 58356 58357 58357 58357 58357 58357 58357 58357 58357 58357 58357 58358 58358 58359 58359 58360 58361 58361 58361 58361 58361 58361 58361 58361 58361 58361 58361 58361 12:27 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/~9 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 VENDOR NUMBER 001669 001945 001945 001945 001380 002037 000165 000165 000165 000165 000165 002832 000166 003347 003347 003347 003347 003347 003347 003347 003347 003347 003347 000184 000184 001355 001355 002141 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 VENDOR NAME DUNN EDWARDS CORPORATIO E A MENDOZA CONTRACTING E A MENDOZA CONTRACTING E A NENDOZA CONTRACTING E S I EMPLOYMENT SERVIC EXPANETS FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FEDERAL EXPRESS INC FENCE BUILDERS FIRST AMERICAN TITLE CO FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA INC G T E CALIFORNIA INC GEIS, PAUL GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENN[ES OFFICE PRODUCT CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SUPPLIES FOR GRAFFITI REMOVAL SEP C/O #2:SPORTS PK SIDEWALK SEP C/O #3:SPORTS PK SIDEWALK RET,W/H PNT:SPORTS PK SIDEWALK TEMP HELP W/E 09/24 HILLBERG MISC TELEPHONE MAINT & REPAIRS EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES RESIDENTIAL IMPROV: P.COOPER LOT BOOK REPTS:31108 TECUMSEH XX-9277 R.ROBERTS:LEAGUE CF XX-9913 G.ROBERTS:PROF MTG XX-6165 G,YATES:PROF MTGS XX-6165 G.YATES:DISCOUNT CRAFT XX-0515 G.THORNHILL:CONSULT EN XX-0515 G.THORNHILL:ULI-RL PUB XX-0515 G,THORNHILL:LOCAL GOVT XX-0515 G.THORNHILL:FEDEX SHIP XX-0432 A.ELMO:PROF.MTG XX-1143 H.PARKER:PROF MTGS 909 506-2626 POLICE DEPT 909 695-3539 GENERAL USAGE OCT ACCESS-CRC OPEN PHONE LINE OCT ACCESS-RVSD CO, OPEN LINE MOTORCYCLE MAINT-POLICE DEPT OFFICE SUPPLIES - FINANCE ELECTRONIC TIME/DATE STAMP RIBBON FOR TIME/DATE STAMP SALES TAX OFFICE SUPPLIES - PLANNING OFFICE SUPPLIES:B&S RECEIPT BOOKS FOR TEM POLICE SALES TAX OFFICE SUPPLIES - FIRE DEPT OFFICE SUPPLIES - LOW/MOD OFFICE SUPPLIES - RDA OFFICE SUPPLIES - INFO SYSTEMS ACCOUNT NUMBER 001-164-601-5218 210-190-154-5804 210-190-154-5804 210-2035 165-199-999-5118 320-199-999-5215 001-165-999-5230 001-164-604-5230 001-111-999-5230 001-140-999-5230 190-180-999-5230 165-199-813-5804 165-199-813-5804 001-100-999-5258 001-140-999-5260 001-150-999-5260 001-150-999-5220 001-161-999-5258 001-161-999-5228 001-161-999-5258 001-161-999-5230 001-162-999-5260 190-180-999-5260 001-170-999~5229 320-199-999-5208 320-199-999-5208 320-199-999~5208 001-170-999-5214 001-140-999-5220 001-140-999-5220 001-140-~99-5220 001-140-999-5220 001-161-999-5220 001-162-999-5220 001-170-999-5220 001-170-999-5220 001-171-999-5220 165-199-999-5220 280-199-999-5220 320-199-999-5221 ITEM AMOUNT 56.41 1,250,00 7,406.60 865,66- 1,439.20 48.00 11.00 10.00 80,40 15.00 16.25 2,240.00 150.00 758.16 36.03 153,00 10.63 50.76 81.56 53.88 23.00 57.85 122.88 328.30 38.81 320.00 320.00 240.00 273.86 439.00 7.50 34.60 215.89 56.61 48.96 3.79 62.91 34.73 34.72 56.57 PAGE 4 CHECK AMOUNT 56.41 7~790.94 1,439.20 48,00 132.65 2,240.00 150.00 1,347.75 367.11 640.00 240.00 1,269.14 VOUCHRE2 1 O/14/99 VOUCHER/ CHECK NUMBER 58362 58363 58363 58363 58364 58364 58365 58366 58366 58366 58366 58366 58366 58366 58366 58366 58366 58366 58366 58367 58367 58367 58367 58367 58368 58368 58369 58369 58369 58370 58370 58370 58370 58370 58371 58372 58372 58373 58373 12:27 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 1)/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 VENDOR NUMBER 001697 000186 000186 000186 002372 002372 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 002107 000194 000194 000194 000194 000194 001429 001429 000199 003209 003209 002695 002695 VENDOR NAME HALL, NANCY LEE HANKS HARDWARE INC HANKS HARDWARE INC HANKS HARDWARE INC HARMON, JUDY HARMON, JUDY HART, CRYSTAL HIGHHARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC HIGHMARK INC I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS INACON INFORMATION SYST INACON INFORMATION SYST INLAND VALLEY REGIONAL INLAND VALLEY REGIONAL INLAND VALLEY REGIONAL INTEGRATED SIGN ASSOCIA INTEGRATED SIGN ASSOCIA INTEGRATED SIGN ASSOCIA INTEGRATED SIGN ASSOCIA INTEGRATED SIGN ASSOCIA INTERNAL REVENUE SERVIC IRVINE PHOTO GRAPHICS IRVINE PHOTO GRAPHICS J A S PACIFIC CONSULTIN J A S PACIFIC CONSULTIN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS SPECIAL EVENT SUPPLIES HARDWARE SUPPLIES - CRC HARDWARE SUPPLIES - CRC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND: SECURITY DEPOSIT 002107 VL ADVAN 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VL REVER 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP METAFRAME CLIENT SERVICES METAFRAME CLIENT SERVICES REFUND: SECURITY DEPOSIT REFUND: SECURITY DEPOSIT ADDtL ROOM RENTAL REFUND:OVRCHG PERMIT B99-2475 REFUND:OVRCHG PERMIT B99-2475 REFUND:OVRCHG PERMIT B99-2475 REFUND:OVRCHG PERMIT B99-2475 REFUND:OVRCHG PERMIT B99-2475 000199 IRS GARN PHOTOGRAPHIC REPRODUCTIONS SALES TAX PLAN CK SVCS:B99-2668/B99-2652 PLAN CHECK SVC: B99-2732 ACCOUNT NUMBER 190-183-999-5330 190-180-999-5301 190-182-999-5212 190-182-999-5212 190-183-999-5330 190-183-999-5330 190-2900 001-2510 001-2510 190-2510 193-2510 194-2510 340-2510 001-2510 001-2510 190-2510 193-2510 194-2510 340-2510 001-2080 165-2080 190-2080 193-2080 280-2080 320-199-999-5250 320-199-999-5250 190-2900 190-2900 190-183~4990 001-2280 001-162-4285 001~162-4285 001-161-4200 001-162-4200 001-2140 190-185-999-5250 190-185-999-5250 001-162-999-5248 001-162-999-5248 ITEM AMOUNT 204.30 12.38 464.76 260.74 324.00 371.20 100.00 175.50 156.80 11,37 2.22 .74 4.37 218.25- 199.55 11.38 2.22 .73 4.37 2,020.33 250.00 245.99 30.00 100.13 3,307.50 877.50 142.86 7.14 45.00- .58 15.00 54.00 30.00 40.50 298.42 1,493.40 115.74 98.28 37.44 PAGE 5 CHECK AMOUNT 204.30 695.20 100.00 351.00 2,646.45 4,185.00 105.00 140.08 298.42 1,609,14 135.72 VOUCHRE2 1 O/14/99 12:27 CITY OF TEMECULA VOUCNER/CNECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 58374 583?5 58376 58377 58377 58377 58378 58379 58380 58381 58382 58382 58382 58383 58383 58383 58383 58383 58383 58383 58383 58384 58384 58384 58385 58385 58385 58385 58385 58385 58385 58385 58385 58385 58385 58385 58385 58385 58385 58385 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 VENDOR NUMBER 002140 003223 002789 002789 002789 002933 003669 002784 003782 003782 003782 003076 003076 003076 003076 003076 003076 003076 003076 003241 003241 003241 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 VENDOR ITEM NAME DESCRIPTION JAGUAR COMPUTER SYSTEMS EMAIL MONTHLY SUPPORT & MAINT JARVIS, CHRISTINE REFUND: TINY TOTS K E A ENVIRONMENTAL, IN AUG BIOLOGICAL SVCS-PALA RD KIMCO STAFFING SOLUTION KIMCO STAFFING SOLUTION KIMCO STAFFING SOLUTION TEMP HELP W/E 09/19 MUELLER TEMP HELP W/E 09/19 MUELLER TEMP HELP W/E 09/26 MUELLER LINSCOTT LAW & GREENSPA AUG TRAFFIC ENGINEER SVCS LOS RANCHITOS HOA REFUND: SECURITY DEPOSIT M C SERVICES RES.IMPROVEMENT PRGM: B.AMOSA MAILBOX, THE ANNUAL SUBSCRIPTION:TCSD MAIN STREET SIGNS MAIN STREET SIGNS MAIN STREET SIGNS (100) DURA-POST W/BASES SIGN:"TO LA SERENA WAY W/ARROW (10) SIGN:"NO STOPPING ANYTIME MET LIFE INSURANCE CQMP 003076 MET LIFE INSURANCE COMP 003076 MET LIFE INSURANCE COMP 003076 MET LIFE INSURANCE CC)MP 003076 NET LIFE INSURANCE COMP 003076 MET LIFE INSURANCE CONP 003076 NET LIFE INSURANCE COMP 003076 NET LIFE INSURANCE CONP DENTALML DENTALML DENTALML DENTALML DENTALML DENTALML DENTALML DIAZ,ROGERS,GREEK/OCT 99 MILLAR HEATING & AIR IN MILLAR HEATING & AIR IN MILLAR HEATING & AIR IN A/C REPAIR @ SENIOR CENTER A/C REPAIR a SENIOR CENTER A/C REPAIR @ SENIOR CENTER MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS BUSINESS CARDS:TEM E.CULA DUCK SALES TAX BUSINESS CARDS: JOHN MEYER BUSINESS CARDS: JOHN MEYER SALES TAX LETTERHEAD STATIONARY:TCSD LETTERHEAD STATIONARY:TCSD LETTERHEAD STATIONARY:TCSD LETTERHEAD STATIONARY:TCSD ENVELOPES:TCSD ENVELOPES:TCSD ENVELOPES:TCSD ENVELOPES:TCSD SALES TAX SALES TAX SALES TAX ACCOUNT NUMBER 320-199-999-5211 190-183-4980 210-165-631-5801 001-120-999-5118 001-120-999-5118 001-120-999-5118 001-164-602-5248 190-2900 165-199-813-5804 190-180-999-5228 001-164-601-5244 001-164-601-5244 001-164-601-5244 001-2340 165-2340 190-2340 193-2340 280-2340 300-2340 340-2340 001-1180 190-181-999-5250 190-181-999-5250 190-181-999-5250 190-180-999-5222 190-180-999-5222 280-199-999-5222 165-199-999-5222 280-199-999-5222 190-180-999-5220 190-181-999-5220 190-182-999-5220 190-184-999-5220 190-180-999-5220 190-181-999-5220 190-182-999-5220 190-184-999-5220 190-180-999-5220 190-181-999-5220 190-182-999-5220 ITEM AMOUNT 300.00 47.00 2,212.19 286.29 118.17 382.85 2,000.00 100.00 1,250.00 24.95 2,404.98 161.63 88,89 3,154.30 103.83 311.34 14,47 62,29 20.76 66.45 143.08 147.50 342.50 102.50 38.25 2.96 51.25 51,25 7.94 119.20 29.80 59.60 29.80 176.82 44.21 88.41 44.20 22.94 5.74 11.47 CHECK AMOUNT 300.00 47.00 2,212.19 787.31 2,000.00 100.00 1,250.00 24.95 2,655.50 3,876.52 592.50 VOUCHRE2 CITY OF TEHECULA 10/14/99 12:27 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAHE DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58385 10/14/99 001384 MINUTEMAN PRESS SALES TAX 190-184-999-5220 789.57 58386 10/14/99 001868 MIYAMOTO-JURKOSKY, SUSA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 336.00 336.00 58387 10/14/99 001214 MORNINGSTAR MUSICAL PRO CONCERT SERIES SOUND SYSTEM 190-183-999-5320 350.00 350.00 58388 10/14/99 002925 NAPA AUTO PARTS MISC.PARTS/SUPPLIES:PW MAINT. 001-164-601-5218 54.83 54.83 58389 10/14/99 003382 O'GRADY, JAMES B. 58389 10/14/99 003382 O'GRADY, JAMES B. REIMB:ICMA 85TH CF:9/25-29/99 001-110-999-5258 PERSONAL EXPENSES 001-1170 128.09 79.01- 49.08 58390 10/14/99 O'NEIL, G. REFUND:OVERCHARGED FOR TICKET 001-170-4055 10.00 10.00 58391 10/14/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 58391 10/14/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 001-165-999-5214 106.92 67.69 174.61 58392 10/14/99 001171 ORIENTAL TRADING COMPAN HALLOWEEN SPOOKTACULAR SUPPLIE 190-183-999-5370 424.14 424.14 58393 10/14/99 002734 P V P COMMUNICATIONS IN HELMET INTERFACE KIT:POLICE 58393 10/14/99 002734 P V P COMMUNICATIONS IN TAX 58393 10/14/99 002734 P V P COMMUNICATIONS IN FREIGHT 001-170-999-5214 001-170-999-5214 001-170-999-5214 364.00 28.21 5.82 398.03 58394 10/14/99 003589 PACIFIC COAST ENTERPRIS STREET ADDRESSING SVCS 001-162-999-5248 368.50 368.50 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 190-180-999-5238 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 001-162-999-5238 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 001-164-601o5238 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 001-170-999-5238 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 190-180-999-5238 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 001-120-999-5238 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 001-110-999-5238 58395 10/14/99 001561 PAGENET SEPT-DEC PAGING SVC/RENTAL 001-150-999-5250 58395 10/14/99 001561 PAGENET CREDIT: PAGER CANCELLED 001-100-999-5238 55.70 37.80 75.60 153.72 459.35 40.80 40.80 40.80 9.48- 895.09 58396 10/14/99 003218 PELA SEPT LDSC PLAN CHECK SERVICES 193-180-999-5248 58396 10/14/99 003218 PELA SEPT PARK PLAN CHECK SERVICES 190-180-999-5248 58396 10/14/99 003218 PELA SEPT MEDIAN PLAN CHECK SVCS 191-180-999-5248 58397 10/14/99 002331 PEP BOYS INC MISC.SUPPLIES:PW MAINT.CREW 001-164-601-5218 58397 10/14/99 002331 PEP BOYS INC MISC. SUPPLIES:PW MAINT.CREW 001-164-601-5218 58397 10/14/99 002331 PEP BOYS ]NC MISC. SUPPLIES:PW MAINT. CREW 001-164-601-5218 225.00 450.00 1,800.00 15.19 9.69 6.45 2,475.00 31.33 58398 10/14/99 000245 PERS (HEALTH ]NSUR. PRE 000245 AETNA SO 001-2090 852.69 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 165-2090 217.16 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 190-2090 268.37 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 194-2090 67.09 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 280-2090 72.38 58398 10/14/99 000245 PERS CHEALTH INSUR. PRE 000245 BLSHIELD 001-2090 1,799.11 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 190-2090 371.72 58398 10/14/99 000245 PERS (HEALTH ]NSUR. PRE 000245 BLSHIELD 280-2090 3.29 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 001-2090 720.19 VOUCHRE2 1 O/14/99 VOUCHER/ CHECK NUMBER 12:27 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 58398 10/14/99 000245 PERS CHEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH [NSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 KAISER 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PAClFICR 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PC 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS DED 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADM 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PAClFICR 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 58398 ld/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 58398 10/14/99 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV 58399 10/14/99 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH 58400 58400 58400 58400 58400 58400 58400 58400 58400 58~00 58400 58400 58400 58400 58400 58400 58~00 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT ACCOUNT NUMBER 300-2090 001-2090 190-2090 191-2090 193-2090 194-2090 280-2090 330-2090 340-2090 001-2090 001-2090 190-2090 340-2090 001-2090 001-2090 001-2090 001-2090 001-2090 165-2090 280-2090 001-2090 190-2090 001-2090 001-2090 190-2090 340-2090 001-2090 190-2090 340-2090 001-2090 001-2090 001-2122 001-150-999-5265 001-161-999-5260 001-161-999-5260 001-161-999-5263 001-161-999-5260 190-180-999-5260 190-180-999-5220 001-111-999-5260 001-162-999-5214 001-162-999-5261 190-184-999-5301 190-180-999-5260 190-183-999-5380 001-140-999-5258 001-140-999-5258 001-101-999-5280 190-185-999-5301 ITEM AMOUNT 40.84 5,998.61 1,356.88 16,44 404.77 92.08 3.55 164.41 756.76 1,648.34 5,633.42 705.65 118.97 562.00 2,545.17 1,340.02 136.99 86.61 109.92 36.65 23.81 81.52 153.86 315.48 68.57 12.71 266.69 22.03 9.45 158.83 1,346.13- 154.60 17.98 84.89 7.55 19.55 6.01 23.24 10.76 56.95 23.65 18.30 5.94 20.26 3.28 30.38 20.00 50.05 6.13 PAGE 8 CHECK AMOUNT 25,896.90 154.60 VOUCHRE2 1 O/14/99 VOUCHER/ CHECK NUMBER 58400 58400 58400 58400 58400 58400 58400 58400 58400 58~00 58400 58400 58400 58400 58400 58400 58400 58400 58400 58400 58400 58400 58400 58400 58402 58402 58403 58403 58403 58403 58403 58403 58403 58403 58403 58403 58404 58404 58404 58405 58406 58407 58407 12:27 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 VENDOR NUMBER 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000580 000580 000252 000252 000252 000252 000252 000252 000252 000252 000252 000252 000254 000254 000254 002110 000255 003493 003493 VENDOR NAME PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PHOTO WORKS PHOTO WORKS POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC POLYCRAFT INC PRESS ENTERPRISE COMPAN PRESS ENTERPRISE CONPAN PRESS ENTERPRISE CONPAN PRIME EQUIPMENT PRO LOCK & KEY PRO-CRAFT OVERHEAD DOOR PRO-CRAFT OVERHEAD DOOR CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PHOTO DEVELOPING FOR CIP FILM & PHOTO DEVELOPING:TCSD 10" CITY SEAL DECALS 10" CITY SEAL DECALS 10" CITY SEAL DECALS 10" CITY SEAL DECALS 10" CITY SEAL DECALS SALES TAX SALES TAX SALES TAX SALES TAX SALES TAX DISPLAY AD:COMMISSION POSITION DISPLAY AD: CIP UPDATES CREDIT:DOUBLE BILLED 2 LINES EQUIPMENT RENTAL:CRC LOCKSMITH SVCS:POLICE DEPT RES.IMPROVEMENT PRGM:J.RIEDY RES.IMPROVE.PRGM:R.WOOLDRIDGE ACCOUNT NUMBER 165-199-999-5220 001-150-999-5261 001-120-999-5225 001-161-999-5261 001-161-999-5260 001-170-999-5220 001-170-999-5222 001-170-999-5261 001-170-999-5222 001-170-999-5242 001-150-999-5265 001-110-999-5260 001-162-999-5220 001-164-604-5250 001-140-999-5260 190-183-999-5340 190-183-999-5320 190-184-999-5301 190-180-999-5301 190-180-999-5220 001-150-999-5265 001-171-999-5261 001-110-999-5220 001-110-999-5260 001-165-999-5250 190-180-999-5250 001-162-999-5214 001-164-604-5214 190-180-999-5214 001-170-999-5214 001-171-999-5214 001-162-999-5214 001-164-604-5214 190-180-999-5214 001-170-999-5214 001-171-999-5214 001-120-999-5254 001-165-999-5256 001-120-999-5254 190-180-999-5238 001-170-999-5214 165-199-813-5804 165-199-813-5804 ITEM AMOUNT 3.87 23.94 19.58 41.96 35.05 8.71 25.97 20.00 4.31 8.51 50.29 20.00 49.91 50.00 10.00 4.38 13.38 26.84 13.32 19.36 40.69 15.00 2.96 5.99 49.83 19.05 206.80 310.20 310.20 103.40 103.40 16.03 24.04 24.04 8.01 8.02 224.00 378.00 112.00- 199.99 18.90 1,095.00 975.00 PAGE 9 CHECK AMOUNT 918.94 68.88 1,114.14 490.00 199.99 18.90 2,070.00 58408 10/14/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS: PALA RD BRIDGE 210-165-631-5804 109.91 VOUCHRE2 1 O/14/99 VOUCHER/ CHECK NUMBER 58408 58408 58408 58408 58409 58409 58409 58409 58410 58410 58411 58412 58413 58413 58414 58415 58416 58417 58418 58418 58419 58419 58419 58419 58419 58419 58419 58419 58419 58419 58419 58419 58419 58419 58420 58420 58420 12:27 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 VENDOR NUMBER 000947 000947 000947 000947 000907 000907 000907 000907 000353 000353 000418 001365 002181 002181 003282 003389 003492 002384 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000282 000282 000282 VENDOR NAME RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO CAR WASH RANCHO CAR WASH RANCHO CAR WASH RANCHO CAR WASH RIVERSIDE CO AUDITOR RIVERSIDE CO AUDITOR RIVERSIDE CO CLERK & RE RIVERSIDE CO ENVIRONMEN RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION- SAN DIEGO CONVENTION SCHOLASTIC SPORTS SECURE BUSINESS COMMUNI SIERRA CONTRACTING SIERRA CONTRACTING SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF EDISON SO CALIF MUNICIPAL ATHL SO CALIF MUNICIPAL ATHL SO CALIF MUNICIPAL ATHL CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION BLUEPRINTS: MARGARITA RD BLUEPRINTS: PALA RD PHASE II BLUEPRINTS: PALA RD PHASE II OFFICE SUPPLIES:PLANNING CITY VEHICLE DETAILING CITY VEHICLE DETAILING CITY VEHICLE DETAILING CITY VEHICLE DETAILING AUG PARKING CIT. ASSESSMENTS AUG PARKING CIT. ASSESSMENTS NOTICE OF EXEMPTION:PW99-16&17 ANNUAL PERHIT:CRC SEPT PRGSS:R.C./I-15 BRIDGE RETENTION W/H SEP PRGSS:RC/I15 RELEASE RETENTION TO ESCROW MEMBERSHIP DUES 10/1/99-2000 TEM VLLY 99 FALL SPORTS POSTER AUDIO/VIDEO MAINTENANCE REFUND:OVRPMT:B99-0864/0969 REFUND:OVRPMT:B99-0864/0969 OCT:2-17-214-O428:MEADO~S PKWY SEP:2*O6-105-O654:VARIOUS MTRS 2-10-331-1353 PAUBA RD OCT:2-18-363-1902:PAUBA RD TC1 SEP:2-10-331-2153:PUJOL ST. SEP:2-18-937-3152:VARIOUS MTRS SEP:2-19-683-3255:FRONT ST PED OCT:2-O2-351-5281:CRC SEP:2-15-671-5518:PALA RD TC1 OCT:2-O1-202-7603:VARIOUS MTRS OCT:2-10-901-7962:YUKON TC1 SEP:2-19-999-9442:VARIOUS MTRS SEP:2-19-999-9442:VARIOUS MTRS SEP:2-18~528-9980:SANTIAGO RD SUMMER/FALL REG. RULE BOOKS WINTER/SPRING REG. RULE BOOK RECREATION CF:AMAVISCA/WILLCOX ACCOUNT NUMBER 210-165-706-5801 210-165-668-5802 210-165-668-5802 001-161-999-5222 001-165-999-5214 001-163-999-5214 001-164-604-5214 190-180-~99-5214 001-2260 001-2265 210-165-655-5801 190-182-999-5250 210-165-601-5804 210-2035 210-1035 001-111-999-5226 001-100-999-5250 320-199-999-5250 001-171-4036 001-171-4037 191-180-999-5319 191-180-999-5319 001-171-999-5240 191-180-999-5319 190-184-999-5240 190-185-999-5240 001-164-603-5319 190-182-999-5240 191-180-999-5319 191-180-999-5319 191-180-999-5319 191-180-999-5319 193-180-999-5240 191-180-999-5319 190-183-999-5380 190-183~999-5380 190-180-999-5261 ITEM AMOUNT 5.44 53.20 13,30 50.43 20.00 24,00 6.00 24.00 1,860.00 330.00 78.00 418.00 750.00 37.50- 37,50 420,00 185.00 1,800.00 876.00 288.00 179.04 1,826.73 1,034.34 66.21 908.87 735.15 351.23 5,988.12 131.33 9,421.77 158.80 943.85 12.96 181.73 567.00 588.00 70.00 PAGE 10 CHECK AMOUNT 232.28 74.00 2,190.00 78.00 418.00 712.50 37.50 420.00 185,00 1,800,00 1,164,00 21,940.13 1,225.00 58421 10/14/99 000519 SOUTH COUNTY PEST CONTR SEP PEST CONTROL SVC:CITY HALL 340-199~701-5250 56.00 VOUCHRE2 10/14/99 12:27 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58421 10/14/99 000519 58421 10/14/99 000519 58421 10/14/99 000519 58421 10/14/99 000519 SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SEP PEST CONTROL SVCS:CRC 190-182-999-5250 SEP PEST CONTROL SVC:TCC 190-184-999-5250 SEP PEST CONTROL SVC:MAINT.FAC 340-199-702-5250 SEP PEST CONTROL SVC:SR CTR 190-181-999-5250 42.00 36.00 40.00 29.00 203.00 58422 10/14/99 58422 10/14/99 58422 10/14/99 58423 10/14/99 002366 58423 10/14/99 002366 STARWOOD WASSERMAN CONS STARWOOD WASSERMAN CONS STARt,/OOD WASSERNAN CONS STEAM SUPERIOR CARPET C STEAM SUPERIOR CARPET C REFUND:OVRPMT:PERMIT B98-2377 REFUND:OVRPMT:PERMIT B98-2377 REFUND:OVRPMT:PERMIT B98-2377 CLEAN CHAIRS:COUNCil CHAMBERS CLEAN CARPET BY COPY ROOM 001-162-4203 001-162-4285 001-2280 340-199-701-5212 340-199-701-5212 10~669.50 1,636.27 1,493.81 35,00 55.00 13,799.58 90,00 58424 10/14/99 000574 SUPERTONER HP LASER PRINTER MAINTENANCE 58425 10/14/99 003770 TAC PROFESSIONAL STAFFi TEMP HELP W/E 09/25 BRAGG 320-199-999-5215 001-165-999-5118 1,238.53 907.20 1,238.53 907.20 58426 10/14/99 003828 TANGRAM INTERIORS 58426 10/14/99 003828 TANGRAM INTERIORS 58426 10/14/99 003828 TANGRAM INTERIORS 58426 10/14/99 003828 TANGRAM INTERIORS 58426 10/14/99 003828 TANGRAM INTERIORS 58426 10/14/99 003828 TANGRAM iNTER]ORS 58426 10/14/99 003828 TANGRAM INTERIORS 58426 10/14/99 003828 TANGRAM INTERIORS 58427 10/14/99 000305 TARGET STORE 58427 10/14/99 000305 TARGET STORE 58427 10/14/99 000305 TARGET STORE 58427 10/14/99 000305 TARGET STORE FURNITURE FOR ECON.DEVELOPMENT FURNITURE MODIFICATIONS:RDA FURNITURE MODIFICATION:LOW/MOD WORKSTATION MODIFICATIONS:PW SALES TAX CREDiT:RETURNED FURNITURE CREDIT:FURNITURE RETURNED CREDIT:FURNITURE RETURNED MISC REC SUPPLIES:SR CENTER RECREATION SUPPLIES - TCC MISC. REC SUPPLIES:DAY CAMP MISC REC SUPPLIES:TCSD 001-111-999-5269 280-199-999-5601 165-199-999-5601 001-165-999-5601 001-165-999-5601 001-111-999-5269 280-199-999-5601 165-199-999-5601 190-181-999-5301 190-184-999-5301 190-183-999-5340 190-180-999-5301 4,377.12 560.19 560.19 1,093.76 84.77 4,377.12- 560.19- 560.19- 55.81 13.99 27.99 27.99 1,178.53 125.78 58428 10/14/99 003318 TARTAGLIA, MARIO TCSD INSTRUCTOR EARNINGS 190-183-999-5330 432.00 432.00 58429 10/14/99 001547 TEAMSTERS LOCAL 911 58429 10/14/99 001547 TEAMSTERS LOCAL 911 58429 10/14/99 001547 TEAMSTERS LOCAL 911 58429 10/14/99 001547 TEAMSTERS LOCAL 911 58429 10/14/99 001547 TEAMSTERS LOCAL 911 58429 10/14/99 001547 TEAMSTERS LOCAL 911 58429 10/14/99 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001-2125 190-2125 191-2125 193-2125 194-2125 320-2125 330-2125 492.00 65.60 1.03 12.30 3.07 20.50 20.50 615.00 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE 58430 10/14/99 000642 TENECULA CiTY FLEXIBLE 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE 58430 10/14/99 000642 TEMECULA CiTY FLEXIBLE 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE 58430 10/14/99 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX 001-1020 165-1020 190-1020 194-1020 340-1020 193-1020 280-1020 300-1020 320-1020 330-1020 2,906.33 290.00 611.90 16.00 5.00 113.50 190.00 10.00 350.00 80.00 4,572.73 VOUCHRE2 1 O/14/99 VOUCHER/ CHECK NUMBER 58431 58431 58431 58432 58432 58432 58432 58432 58432 58432 58432 58432 58432 58432 58432 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58433 58434 58434 58435 58435 58435 58436 58436 58436 58436 58436 58436 12:27 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 VENDOR NUMBER 001672 001672 001672 003677 003677 003677 003677 003677 003677 003677 003677 003677 003677 003677 003677 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 000919 001483 001483 000320 000320 000320 003560 003560 003560 003560 003560 003560 VENDOR NAME TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TON DOOSON & ASSOCIATES TON DODSON & ASSOCIATES TOWNE CENTER STATIONEER TOWNE CENTER STATIONEER TO~NE CENTER STATIONEER TRAMSAMERICA TRAMSAMERICA TRANSAMERICA TRAMSAMERICA TRAMSAMERICA TRAMSAMERICA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PLUMBING SVCS:SKATE PARK PLUMBING SVCS:VARIOUS PARKS PLUMBING SVCS:CITY HALL MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/NAINT:TEN PD RENTAL PMT:CHAPARRAL HIGH RENTAL PMT:TEM.VALLEY HIGH JUN VEHICLE FUEL USAGE JUN VEHICLE FUEL USAGE JUN VEHICLE FUEL USAGE JUN VEHICLE FUEL USAGE JUN VEHICLE FUEL USAGE JUN VEHICLE FUEL USAGE JULY VEHICLE FUEL USAGE JULY VEHICLE FUEL USAGE JULY VEHICLE FUEL USAGE JULY VEHICLE FUEL USAGE JULY VEHICLE FUEL USAGE AUG VEHICLE FUEL USAGE AUG VEHICLE FUEL USAGE AUG VEHICLE FUEL USAGE AUG VEHICLE FUEL USAGE AUG VEHICLE FUEL USAGE AUG VEHICLE FUEL USAGE AUG VEHICLE FUEL USAGE AUG PROF SVCS:REGIONAL CENTER SEPT PROF SVCS:REGIONAL CENTER OFFICE SUPPLIES:B&S OFFICE SUPPLIES:LAND DEV. OFFICE SUPPLIES:P~ ADMIN. 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D 003560 AD&D ACCOUNT NUMBER 190-180-999-5212 190-180-999-5212 340-199-701-5212 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001~170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 194-180-999-5254 194-180-999-5254 001-163-999-5263 001-164-601-5263 001-165-999-5263 190-180-999-5263 001-162-999-5263 001-170-999-5262 001-162-999-5263 190-180-999-5263 001-170-999-5262 001-164-601-5263 001-165-999-5263 001-163-999-5263 001-164-601-5263 001-165-999-5263 001-170-999-5262 001-162-999-5263 190-180-999-5263 001-161-999-5263 001-2620 001-2620 001-162-999-5220 001-163-999-52Z0 001-164-604-5220 001-2360 165-2360 190-2360 191-2360 193-2360 194-2360 ITEM AMOUNT 67.00 52.00 160.00 111,10 53.52 35.55 72.17 111.15 9.78 424.77 777.65 72.67 85.86 - 168.56 74.00 74.00 88.76 773.32 536.94 738.32 264.68 4.87 186.78 695.14 11.63 745.32 586.18 20.52 870.31 657.85 11.63 281.00 675.62 14.78 936.40 335.00 64.63 51.41 174.29 134.64 3.01 25.44 .08 2.91 .67 PAGE 12 CHECK AMOUNT 279.00 1,787.92 7,311.65 1,271.40 290.33 VOUCHRE2 1011~1c~ 12:27 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 13 VOUCHER/ CHECK NUMBER 58~36 58436 58436 58~36 58436 58437 58~37 58438 58438 58~38 58438 58438 58438 58438 58438 58438 58~39 58~39 58439 58439 58439 58~39 58439 58439 58440 58440 58441 58442 584~2 58~42 58442 58442 58~42 58442 58~3 58~3 58443 58~43 58444 58445 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/1~/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 1~/14/99 VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER NAME DESCRIPTION NUMBER AMOUNT 003560 003560 003560 003560 003560 003846 003846 001065 001065 001065 001065 001065 001065 001065 001065 001065 000389 000389 000389 000389 000389 000389 000389 000389 002065 000325 000325 000325 000325 000325 000325 000325 001342 001342 001342 001342 000339 000867 TRAMSAMERICA TRANSAMERICA TRANSAMERICA TRAMSAMERICA TRAMSAMERICA TURF PARTNERS TURF PARTNERS 003560 AD&D 280-2360 003560 AD&D 300-2360 003560 AD&D 320-2360 003560 AO&D 330-2360 003560 ROt) 340-2360 PROF.SERVICES:TEMECULA DUCK PD 190-180-999-5212 SALES TAX 190-180-999-5212 1.49 .74 3.00 1.50 3.52 689.50 53 .~ u s c M/PEBSCO (DEF. C 001065 DEF CONP 001-2080 9,069.58 U S C M/PEBSCO (DEF. C 001065 DEF COMP 165-2080 210.23 U S C N/PEBSCO (OEF. C 001065 DEF COMP 190-2080 1,656.58 U S C M/PEBSCO (DEF. C 001065 DEF COMP 193-2080 61.66 U S C N/PEBSCO (OEF. C 001065 DEF CONP 194-2080 5.00 U S C M/PEBSCO (DEF. C 001065 OEF COMP 280-2080 85.23 u s c M/PEBSCO (DEF. C 001065 DEF COMP 300-2080 83.33 U S C M/PEBSCO (DEF. C 001065 DEF COHP 320-2080 666.66 U S C N/PEBSCO (DEF. C 001065 DEF COHP 340-2080 194,42 U S C M/PEBSCO COBRA) 000389 U S C M/PEBSCO COBRA) 000389 U S C M/PEBSCO (OBRA) 000389 U S C M/PEBSCO (OBRA) 000389 U S C M/PEBSCO (OBRA) 000389 U S C M/PEBSCO (OBRA) 000389 U S C M/PEBSCO (OBRA) 000389 U S C M/PEBSCO (OBRA) 000389 U S POSTAL SERVICE U S POSTAL SERVICE UNISOURCE UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY WAXIE SANITARY SUPPLY I WAXZE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I PT RETIR 001-2160 1,797.84 PT RETIR 165-2160 48.89 PT RETIR 190-2160 986.57 PT RETIR 193-2160 23.38 PT RETIR 280-2160 12.01 PT RETIR 320-2160 109.48 PT RETIR 330-2160 49.68 PT RETIR 340-2160 69.53 REISSUE ~54060:REFUND:SEC.DEP. 190-2900 REISSUE #54060:ADD'L ROON RENT 190-183-4990 PAPER SUPPLIES:SPECIAL EVENTS 190-183-999-5370 000325 UM 001-2120 000325 UW 165-2120 000325 UW 190-2120 000325 UW 280-2120 000325 uw 300-2120 000325 UW 320-2120 000325 UW 330-2120 VAR.PARKS HAINTENANCE SUPPLIES CITY HALL MAINTENANCE SUPPLIES CRC MAINTENANCE SUPPLIES TCC MAINTENANCE SUPPLIES 190-180-999-5212 340-199-701-5212 190-182-999-5212 190-184-999-5212 JUDICIAL UPDATES - CITY CLERKS 001-120-999-5228 HTL:EDEN USERS CF:10/19-22:TN, BPO01-140-999-5258 WEST PUBLISHING COMPANY WESTIN SEATTLE, THE 100.00 12.00- 228.09 225.45 3.75 20.00 1.55 .25 4.00 5.00 167.36 120.02 83.68 76.03 75.16 721.34 CHECK AMOUNT 177.00 742.94 12,032.69 3,097.38 88.00 228.09 260.00 447.09 75.16 721.34 58446 10/14/99 000345 XEROX CORPORATION BILLI AUG BASE CHARGE:F2OOMAJ COPIER 330-199-999-5217 110.00 VOUCHRE2 1 O/14/99 VOUCHER/ CHECK NUMBER 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 58446 12:27 CHECK DATE 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 10/14/99 VENDOR NUMBER 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 000345 VENDOR NAME XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX XEROX CORPORATION BILLI CORPORATION BILLI CORPORATION BILL] CORPORATION BILLi CORPORATION BILLI CORPORATION BILL[ CORPORATION B[LLI CORPORATION BILL[ CORPORATION BILLI CORPORATION BILLI CORPORATION BILLI CORPORATION BILLI CORPORATION BILLI CORPORATION BILLI CORPORATION BILLI CORPORATION BILLI CORPORATION BILL] CORPORATION BILL] CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JUL-SEPT BASE CHRG:5012 COPIER LEASE OF 5021 COPIER AT TCC AUG LEASE ON 5365 COPIERS AUG LEASE ON DC-240 COPIER AUG INTEREST ON LEASE COPIERS AUG POOLED MNTC FOR COPIERS AUG POOLED MNTC FOR COPIERS AUG LEASE PMT FOR 5800 COPIER AUG INTEREST FOR 5800 COPIER CREDIT FOR 5100 COPIER AUG LEASE FOR 5365 COPIER AUG LEASE FOR 5365 COPIER AUG LEASE FOR 5365 COPIER CREDIT:RETURNED F2OOMAJ COPIER CREDIT: 6W6-31034 WAS RETURNED CREDIT: 6W6-31034 WAS RETURNED CREDIT: 6W6-31034 WAS RETURNED JUL PARTIAL PMT:5100 COPIER ACCOUNT NUMBER 330-199-999-5217 190-184-999-5239 330-2800 330-2800 330-199-999-5391 330-199-999-5217 190-184-999-5239 330-2800 330-199-999-5391 330-2800 330-2800 330-199-999-5391 330-199-999-5217 330-199-999-5217 330-199-999-5217 330-2800 330-199-999-5391 330-2800 ITEM AMOUNT 66.00 67.08 1,206.24 340.65 633.61 4,373.22 120.54 1,598.47 783.00 1,555,58- 399.25 158.41 547.86 110.00- 547.86- 399.25- 158.41- 1,037.05 PAGE 14 CHECK AMOUNT 8,670.28 TOTAL CHECKS 447,671.57 VOUCHRE2 10/21/99 12:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY - CIP 300 iNSURANCE FUND 320 INFORMATION SYSTEMS SUPPORT SERVICES 340 FACILITIES AHOUNT 150,768.06 69,011.48 44,482.48 3,251.25 26,055.71 12,328.07 243.96 1,708.83 3,750.00 3,029.46 425.31 10,657.83 1,251.46 3,860.53 TOTAL 330,824.43 VOUCHRE2 10/21/~9 12:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 114 58447 58450 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/14/99 10/19/99 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 003859 000175 INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) [NSTATAX (EDD) [NSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) ]NSTATAX (EDD) ]NSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) ALL ABOUT SELF STORAGE GOVERNMENT FINANCE OFFI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SD] 000444 SDI 000444 SDI 000444 SD] 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE MUSEUM ARTIFACTS-EQU]P STORAGE 99-00 OPERATING BDGT APPL FEE 001-2070 165-2070 190-2070 193-2070 280-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 190-180-999-5250 001-140-999-5250 63.07 3.01 60.43 1.56 .72 7.30 3.31 4.65 6,176.19 196.04 861.24 1.59 69.73 15.88 74.08 26.17 199.18 26.03 106.97 1,520.00 350.00 7,897.15 1,520.00 350.00 58451 58451 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 99894 241255 10/19/99 10/19/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/20/99 10/19/99 003743 003743 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000166 ROBERT BYRD CONSTRUCTIO ROBERT BYRD CONSTRUCTIO INSTATAX (IRS) INSTATAX (IRS) INSTATAX (iRS) INSTATAX ([RS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) ]NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) ]NSTATAX ([RS) [NSTATAX (IRS) INSTATAX (IRS) ZNSTATAX (IRS) INSTATAX (IRS) INSTATAX (ZRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) FIRST AMERICAN TITLE CO DEPOSIT:EC DEV ROOM RENOVATION DEPOSIT:EC DEV ROOM RENOVATION 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MED]CARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 28735 PUJOL ST:PROPERTY PRCHSE 001-111-999-5269 001-110-999-5601 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 165-199-823-5700 2,790.00 1,710.00 22,931.62 697.55 4# 125.83 9.08 374.65 82.05 255.87 73.74 838.68 119.40 508.70 5,577,46 148.47 1,214,26 2.50 101.15 21.64 65.36 29.95 186.14 48.30 141.10 47,835.00 4,500.00 37,553.50 47,835.00 VOUCHRE2 10/21/99 12:52 VOUCHER/ CHECK CHECK NUMBER DATE 58454 10/21/99 58455 10/21/99 58456 58457 10/21/99 000101 58457 10/21/99 000101 58458 10/21/99 003763 58459 10/21/99 58460 10/21/99 000622 58461 10/21/99 003466 58462 10/21/99 58463 10/21/99 000586 58464 10/21/99 58465 10/21/99 002208 58466 10/21/99 000154 58466 10/21/99 000154 58466 10/21/99 000154 58468 10/21/99 000484 58469 10/21/99 003549 58470 10/21/99 001655 58471 10/21/99 58472 10/21/99 58472 10/21/99 000137 58472 10/21/99 000137 58472 10/21/99 000137 58472 10/21/99 000137 58473 10/21/99 002782 58473 10/21/99 002782 58474 10/21/99 001197 58475 10/21/99 002989 58476 10/21/99 000442 VENDOR VENDOR NUMBER NAME 000724 A & R CUSTOM SCREEN PRI 001985 A E P (ASSOC OF ENVIRO 10/21/99 000747 AMERICAN PLANNING ASSOC APPLE ONE, INC. APPLE ONE, INC. APPRAISALS ASAP BAKER, REBECCA S. BANTA ELECTRIC-REFRIGER BASKET & BALLOONS TO0! BAY, TRUDI BOOK PUBLISHING COMPANY BOY SCOUNTS OF AMERICA BUSINESS PRESS, THE CSNFO CSMFO CSMFO CALIF ASSN OF ECONOMIC CALIF ASSN OF MUSEUMS CAMERON WELDING SUPPLY 000131 CARL WARREN & COMPANY I 000137 CHEVRON U S A INC CHEVRON U S A INC CHEVRON U S A INC CHEVRON U S A INC CHEVRON U S A INC CHICK~S SPORTING GOODS CHICK'S SPORTING GOODS CHOCOLATE FLORIST, THE CLEAR IMAGE WINDOW CLEA COMPUTER ALERT SYSTEMS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION T-SHIRT AWARDS FOR SOFTBALL MEMBERSHIP:D.UBNOSKE INV DEC78 APA MTG:PS/SB/CD/KN/TT/DT/DU TENP HELP W/E 09/18 MILLIRON TEMP HELP W/E 09/25 MILLIRON APPRAISAL:28640 PUJOL STREET REFUND: SECURITY DEPOSIT ELECTRICAL REPAIRS - CRC RAFFLE BASKETS FOR LEAGUE CONF REFUND: COOKING-WHAT~S COOKING WEBSITE ANNUAL STORAGE FEE GENERAL & ACCIDENTAL INSURANCE SUBSCRIPTION: 52 WEEKS C.MGR MEMBERSHIP: G.ROBERTS #25240 MEMBERSHIP: T.MCDERMOTT #30476 MEMBERSHIP: B.PATTISON #33963 CITY OF TEMECULA MEMBERSHIP MEMBERSHIP: WENDELL OTT WELDING SUPPLIES: PW MNTC CREW CLAIM ADJUSTER SERVICES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES SOFTBALLS FOR SOFTBALL PRGMS SOFTBALLS FOR SOFTBALL PRGMS TEN T-SHIRTS FOR LEAGUE CONF CITY HALL WINDOW CLEANING ACCESS READER FOR 2ND FLR C.H. ACCOUNT NUMBER 190-183-999-5380 001-161-999-5226 001-161-999-5260 001-150-999-5118 001-150-999-5118 165-199-999-5250 190-2900 190-182-999-5212 001-110-999-5258 190-183-4980 320-199-999-5211 001-170-999-5235 001-110-999-5228 001-140-999-5226 001-140-999-5226 001'140-999-5226 001'111-999-5226 190-180-999-5226 001-164-601-5218 300-199-999-5205 001'165-999'5263 001-164-604-5263 001-110-999-5263 165-199-999-5262 190-180-999-5263 190-183-999-5380 190-180-999-5301 001'100-999-5265 340-199-701-5212 210-190-158-5804 ITEM AMOUNT 838.30 80.00 138.00 357.50 52.00 300.00 100.00 450.00 43.10 9.00 300.00 84.00 49.00 100.00 100.00 100.00 425.00 30.00 28.34 141.91 61.47 11.61 24.44 18.75 30.41 399.62 516.26 180.00 385.00 369.50 PAGE 2 CHECK AMOUNT 838.30 80.00 138.00 409.50 300.00 100.00 450.00 43.10 9.00 300.00 84.00 49.00 300.00 425.00 30.00 28.34 141.91 146.68 915.88 180.00 385.00 VOUCHRE2 CITY OF TEMECULA 10/21/99 12:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58476 10/21/99 000442 COMPUTER ALERT SYSTEMS ACCESS READER FOR 2ND FLR C.H. 340-199-701-5250 58476 10/21/99 000442 COMPUTER ALERT SYSTEMS REPLACE BURGLAR SYS BATTERIES 340-199-701-5250 58476 10/21/99 000442 COMPUTER ALERT SYSTEMS INSTALL SIREN -CASHIER OFFICE 340-199-701-5250 58476 10/21/99 000442 COMPUTER ALERT SYSTEMS INSTALL SIREN -MNTC FACILITY 340-199-702-5250 58477 10/21/99 000447 COMTRONIX OF HEMET 2 MOBILE RADIO UNIT:PW VEHICLE 001-163-999-5610 58477 10/21/99 000447 COMTRONIX OF HEMET 2 MOBILE RADIO UNIT:PW VEHICLE 001-165-999-5610 58478 10/21/99 CONSULTING ENGINEERS & SUBDIVISION MAP SEM:RP/JA:11/8 001-163-999-5261 7'39.00 70.00 180.00 150.00 1,303.49 1,303.50 45O.0O 1,508.50 2,606.99 450.00 58479 10/21/99 002697 CREATIVE LIGHTING INC BALLFIELD LGT REPAIR:R.SPT PRK 190-180-999-5212 58480 10/21/99 002661 CUMMINS CAL PACIFIC INC CRC GENERATOR ANNUAL INSPECTIN 190-182-999-5250 1,080.00 301.00 1,080.00 301.00 58481 10/21/99 001924 D M G MAXIMUS 58482 10/21/99 001716 DAMS ROOFING JUL-SEP USER FEE STUDY '99 SVC 001-140-999-5248 RESIDENTIAL IMPROV:GONSALVES,M 165-199-813-5804 7,500.00 560.00 7,500.00 560.00 58483 10/21/99 DAVIS, MARIA CLAIM RELEASE FOR ROOT DAMAGE 193-180-999-5212 58484 10/21/99 003006 DEWITT CUSTOM PAINTING RESIDENTIAL IMPROV: CREGUT,R. 165-199-813-5804 58484 10/21/99 003006 DEWITT CUSTOM PAINTING RESIDENTIAL IMPROV:DAHLIN,S. 165-199-813-5804 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 MILES 001-163-999-5118 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 MILES 001-164-604-5118 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 MILES 001-165-999-5118 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 THORNSLEY 001-161-999-5118 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 DEGANGE 001-161-999-5118 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 MENDOZA 330-199-999-5118 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 MENDOZA 340-199-701-5118 58485 10/21/99 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/08 MENDOZA 340-199-702-5118 58486 10/21/99 000523 EASTERN MUNICIPAL WATER 95366-02 DIEGO DR LDSC 193-180-999-5240 600.00 1,200.00 1,150.00 316.42 316.42 316.42 2,137.75 2,918.14 607.75 309.40 132.60 641.00 600.00 2,350.00 7,054.90 641.00 58487 10/21/99 002060 EUROPEAN DELl & CATERIN REFRESHMENTS: 9/14 COUNCIL MTG 001-100-999-5260 58487 10/21/99 002060 EUROPEAN DELl & CATERIN REFRESHMENTS:ANNEXATION MTG 001-110-999-5307 58487 10/21/99 002060 EUROPEAN DELI& CATERIN REFRESHMENTS: 9/28 C(YJNC]L MTG 001-100-999-5260 58487 10/21/99 002060 EUROPEAN DELI& CATERIN REFRESHMENTS: ANNEXATION MTG 001-110-999-5307 139.69 139.69 207.03 139.69 626.10 58488 10/21/99 001056 EXCEL LANDSCAPE SEP LDSCP REPAIR:TCC-IVY PLANT 193-180-999-5212 58488 10/21/99 001056 EXCEL LANDSCAPE SEP LDSCP REPAIRS:SPT PRK 190-180-999-5212 58488 10/21/99 001056 EXCEL LANDSCAPE SEP LDSCP REPAIRS:PDS 190-180-999-5212 58488 10/21/99 001056 EXCEL LANDSCAPE SEP LDSCP REPAIRS:SPTS PRK 190-180-999-5212 25.OO 197.66 169.35 522.23 914.24 58489 10/21/99 002037 EXPANETS TELEPHONE REPAIR FOR CITY HALL 320-199-999-5215 48.00 48.00 58490 10/21/99 003853 FENCING BY BUZZ DEPOSIT:RES.IMPROV:DAHLIN,S. 165-199-813-5804 58491 10/21/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT:31210 CORTE ALHA 165-199-813-5804 58491 ld~21/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT:30113 MIRA LOMA 165-199-813-5804 58491 10/21/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT:29943 VILLA ALTU 165-199-813-5804 1,458.50 150.00 150.00 150.00 1,458.50 VOUCHRE2 CITY OF TEMECULA 10/21/99 12:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 58491 10/21/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT:30498 RED RIVER 165-199-813-5804 150.00 600.00 58492 10/21/99 003848 FRANK FULLEN PAINTING RESIDENTIAL IMPROV:WOOLDRIDGE 165-199-813-5804 2,250.00 2,250.00 58493 10/21/99 000184 G T E CALIFORNIA - PAYM 909 197-5072 GENERAL USAGE 320-199-999-5208 6,506.07 58493 10/21/99 000184 G T E CALIFORNIA - PAYM 909 506-1941PTA CD TTACSD 320-199-999-5208 56.21 6,562.28 58494 10/21/99 002528 GLASS BLASTERS CITY MUGS FOR NEW HIRES 001-150-999-5265 30.17 30.17 58495 10/21/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - CITY MGRS 001-110-999-5220 443.47 58495 10/21/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - CITY MGR 001-110-999-5220 330.49 58495 10/21/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - CITY MGR 001-110-999-5220 .36 58495 10/21/99 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - HR 001-150-999-5220 66.23 840.55 58498 10/21/99 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PROGRAM 001-150-999-5248 430.70 430.70 58499 10/21/99 HUNDLEY, JAMES REFUND:OVERPAID FEE LD99-152GR 001-163-4363 300.00 300.00 58500 10/21/99 002166 INGRAM ELECTRIC ELECT POWER:2ND FLR MNTC FAC 210-190-158-5804 452.52 452.52 58501 10/21/99 003832 J T K CONSTRUCTION PAINT CONCRETE SLAB:MUSEUM 210-190-808-5804 575.00 575.00 58502 10/21/99 000203 JOBS AVAILABLE INC RECRUITMENT ADS: B.[NSPECT/REC 001-150-999-5254 184,00 58502 10/21/99 000203 JOBS AVAILABLE INC RECRUITMENT AD:ASST ENGINEER 001-150-999-5254 82,80 266.80 58503 10/21/99 003181 JON EDWARDS & ASSOCIATE PHOTOS FOR CITY RACK BROCHURE 001-111-999-5270 750.00 58503 10/21/99 003181 JON EDWARDS & ASSOCIATE SALES TAX 001-111-999-5270 61.88 811.88 58504 10/21/99 002575 JONES, SUSAN W. '99 LEAGUE CF:JONES:10/10-12 001-120-999-5258 35.55 35.55 58505 10/21/99 000820 K R W & ASSOCIATES CONSULTANT SVCS:PLAN CK 001-163-999-5248 1,172.50 58505 10/21/99 000820 K R W & ASSOCIATES WORKERS~ COMP PREMIUM 001-1182 7.34- 58505 10/21/99 000820 K R W & ASSOCIATES WORKERS' COMP PREMIUM CHRGES 001-1182 4.73- 1,160.43 58506 10/21/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAYCAMP-MEDIEVAL THE 190-183-999-5340 381.35 58506 10/21/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAYCAMP-MEDIEVAL TME 190-183-999-5340 381.35 58506 10/21/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAYCAMP TO SKATE CTY 190-183-999-5340 248.83 58506 10/21/99 000380 LAIDLAW TRANSIT INC TRANSPORT DAYCAMP-RUBEN FLAT 190-183-999-5340 483.29 1,494.82 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI JUL SVCS-LIBRARY SYSTEM AGRMT 001-101-999-5285 9,900.24 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI JUL SVCS-LIBRARY SYSTEM AGRMT 001-101-999-5285 1,162.80 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI JUL SVCS-LIBRARY SYSTEM AGRMT 001-101-999-5285 847.80 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI AUG SVCS-LIBRARY SYSTEM AGRMT 001-101-999-5285 10,750.08 58507 10/21/99 003286 LIBRARY SYSTEMS & SERV[ AUG SVCS-LIBRARY SYSTEM AGRMT 001-101-999-5285 1,162.80 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI SEP SVCS-LIBRARY SYSTEM AGRMT 001-101-999-5285 1,127.95 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI SEP SVCS-LIBRARY SYSTEM AGRMT 001-101-999-5285 8,090.82 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI JUL-AUG/LIBRARY SYSTEM AGRMT 001-101-999-5285 535.44 58507 10/21/99 003286 LIBRARY SYSTEMS & SERVI JUL-AUG/LIBRARY SYSTEM AGRMT 001-101-999-5285 63.00 33,640.93 58508 10/21/99 003782 MAIN STREET SIGNS TRAFFIC CONTROL DEVICES 001-164-601-5218 4,023.06 4,023.06 VOUCHRE2 CITY OF TEHECULA 10/21/99 12:52 VOUCHER/CHECK REGISTER FOR ALL PERZOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR [TEN ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 58509 10/21/99 001967 NANPOWER TEMPORARY SERV TEMP HELP W/E 9/12 FALLER 001-150-999-5118 139.32 58509 10/21/99 001967 NANPCNER TEMPORARY SERV TENP HELP W/E 9/12 HUTSON/SALA 001-161-999-5118 706.11 58509 10/21/99 001967 NANP(NER TEMPORARY SERV TEMP HELP W/E 9/19 SALAZAR 001-162-999-5118 438.80 58509 10/21/99 001967 NANPI34ER TEMPORARY SERV TEMP HELP ~/E 9/19 HUTSON 001-161-999-5118 464.40 58509 10/21/99 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 9/19 FALLER 001-140-999-5118 79,98 58509 10/21/99 001967 NANPOWER TEMPORARY SERV TENP HELP M/E 9/26 SALAZAR 001-162-999-5118 367.50 58509 10/21/99 001967 NANPOWER TEMPORARY SERV TEMP HELP g/E 9/26 HUTSON 001-161-999-5118 464.40 58509 10/21/99 001967 NANPOWER TEMPORARY SERV TENP HELP ~/E 10/03 SALAZAR 001-162-999-5118 243.82 58509 10/21/99 001967 NANPOWER TEMPORARY SERV TEHP HELP W/E 10/03 SALAZAR 001-162-999-5118 194.98 58509 10/21/99 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 10/03 HUTSON 001-161-999-5118 371.52 58510 10/21/99 000217 MARGARITA OFFICIALS ASS SEP ADULT SOFTBALL OFFICIALS 190-183-999-5380 3,766.40 3,470,83 3,766.40 58511 10/21/99 003823 MASTERPIECE PAINTING CO RES.IMPROVEMENT PRGM:C.NCWARD 165-199-813-5804 2,200.00 2,200.00 58512 10/21/99 MILLER, CHRISTOPHER REFUND: FAHILY SEMINAR 190-183-4990 193.50 193.50 58513 10/21/99 002952 MINOLTA BUSINESS SYSTEM OCT LEASE OF COPIER AT CRC 190-182-999-5239 162.70 162.70 58514 10/21/99 001384 MINUTEMAN PRESS BUSINESS CARDS:J.GONZALES 001-164-602-5222 38.25 58514 10/21/99 001384 MINUTEMAN PRESS BUSINESS CARDS:R.MEST 001-164-604-5222 38.25 58514 10/21/99 001384 MINUTEMAN PRESS SALES TAX 001-164-602-5222 2.97 58514 10/21/99 001384 MINUTEMAN PRESS SALES TAX 001-164-604-5222 2.96 58514 10/21/99 001384 MINUTEMAN PRESS BUSINESS CARDS:M.BUSTIN 190-180-999-5222 38.25 58514 10/21/99 001384 MINUTEMAN PRESS SALES TAX 190-180-999-5222 2.96 58514 10/21/99 001384 MINUTEMAN PRESS BUSINESS CARDS:W.OTT 190-185-999-5222 38.25 58514 ld/21/99 001384 MINUTEMAN PRESS SALES TAX 190-185-999-5222 2.96 58514 10/21/99 001384 MINUTEMAN PRESS BUSINESS CARDS:M.SALAZAR 001-162-999-5222 41.21 206.06 58515 10/21/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-164-601-5263 22.70 58515 10/21/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-163-999-5263 23.52 58515 10/21/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-170-999-5262 214.18 58515 10/21/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-111-999-5262 14.39 274.79 58516 10/21/99 MOORE, BEN REFUND: SPORTS-BB FUND-INT 190-183-4994 10.00 10.00 58517 10/Zl/99 NORAMARCO, TONY REFUND: SPORTS-BB MENS LEAGUE 190-183-4994 120.00 120.00 58518 10/21/99 003715 MORTON TRAFFIC MARKINGS STENCIL PAINT:PW STENCIL TRUCK 001-164-601-5218 2,262.75 2,262.75 58519 10/21/99 000230 MUNIFINANCIAL FALL 99 SEM:GR/HP/JM:11/02/99 001-140-999-5261 35.00 58519 10/21/99 000230 MUNIFINANCIAL FALL 99 SEM:GR/HP/JM:11/OZ/99 190-180-999-5261 35.00 58519 10/21/99 000230 MUNIFINANCIAL FALL 99 SEM:GR/HP/JM:11/02/99 280-199-999-5261 35.00 105.00 58520 10/21/99 002925 NAPA AUTO PARTS MISC.PARTS/SUPPLIES:PW MA[NT. 001-164-601-5218 55.47 55.47 58521 10/21/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:REV.BOARD:REG.VOTE 001-120-999-5254 267.80 58521 10/21/99 002139 NORTH COUNTY TIMES - AT RECRUIT ADS:ACCT.ASSISTANT 001-150-999-5254 66.53 58521 10/21/99 002139 NORTH COUNTY TIMES - AT RECRUIT AD:LIFEGUARD 001-150-999-5254 71.68 406.01 58522 10/21/99 002105 OLD TOWN TIRE & SERVICE CiTY VEHICLE REPAIRS & MAINT 001-164-601-5214 39.19 39.19 VOUCHRE2 CITY OF TEMECULA 10/21/99 12:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58523 10/21/99 002668 OMEGA LAKE SERVICES OCT MAINT.SVCS:TEM.DUCK POND 190-180-999-5212 58523 10/21/99 002668 OMEGA LAKE SERVICES SEP MAINT.SVCS:TEM.DUCK POND 190-180-999-5212 58524 10/21/99 002496 ONE ON ONE COMPUTER TRA PUB:"WORKING SMARTER W/WORD 97 001-120-999-5228 800.00 266.67 220.06 1,066.67 220.06 58525 10/21/99 001619 ORANGE COUNTY REGISTER RECRUITMENT AD:ENG ASSISTANT 001-150-999-5254 370.56 370.56 58526 10/21/99 001171 ORIENTAL TRADING CONPAN HALLOWEEN FESTIVITY ITEMS 001-2175 130.25 130.25 58527 10/21/99 002734 P V P COMMUNICATIONS IN MICROPHONE FOR HELMET:TEM.P.D. 001-170-999-5243 79.20 79.20 58528 10/21/99 002800 PACIFIC STRIPING INC STREET STRIPING:VIA CORDOBA 001-164-601-5410 58528 10/21/99 002800 PACIFIC STRIPING INC STREET STRIPING:VIA CORDOBA 001-164-602-5410 58528 10/21/99 002800 PACIFIC STRIPING INC STR.STRIPING:R.C./YNEZ-MORANGA 001-164-601-5410 58528 10/21/99 002800 PACIFIC STRIPING INC STR.STRIP]NG:R.C./YNEZ-MORANGA 001-164-602-5410 58529 10/21/99 000733 PARTY PZAZZ REC.EQUIPMENT RENTAL:10/23/99 190-183-999-5320 1,300.60 92.90 3,232.79 230.91 93.60 4,857.20 93.60 58530 10/21/99 002331 PEP BOYS INC MISC. SUPPLIES FOR PW MAINT. 001-164-601-5218 21.54 21.54 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2130 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2130 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194~2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2130 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 001-2130 58531 10/21/99 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS-PRE 190-2130 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 191-2130 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 193-2130 58531 lr/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 194-2130 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 58531 10/21/99 000246 PERS (EMPLOYEES, RETIRE 000246 SURVIVOR 194-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 58531 10/21/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 11.13 25,215.43 678.42 3.01 4,020.74 12.68 430.08 115.55 .90 293.48 153.08 688.73 135.87 510.02 100.64 11.24 2.81 33.71 8.43 89.62 1.87 15.78 .05 1.80 ,41 .92 1.86 .93 2.18 32,541.83 VOUCHRE2 10/21/99 12:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 58533 58534 58534 58534 58534 58534 58534 58535 58535 58536 58537 58538 58538 58538 58538 58539 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58540 58541 58541 58541 58542 CHECK DATE 10/21/99 10/21/99 10721/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 10/21/99 VENDOR NUMBER 000254 000254 000254 000254 000254 000254 003493 003493 002880 003308 000260 000260 000260 000260 000947 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000907 000907 000907 VENDOR NANE POWELL, BARBEL PRESS ENTERPRISE COMPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE CONPAN PRESS ENTERPRISE CONPAN PRESS ENTERPRISE COMPAN PRESS ENTERPRISE CONPAN PRO-CRAFT OVERHEAD DOOR PRO-CRAFT OVERHEAD DOOR PRO-CRAFT SASH & SUPPLY R D 0 RENTAL COMPANY RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP MF RANCHO BELL BLUEPRINT C RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCNO CALIF WATER DIST RANCHO CAL]F WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER D[ST RANCHO CAL[F WATER DIST RANCHO CALIF WATER D[ST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER D[ST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER D[ST RANCHO CAR WASH RANCHO CAR WASH RANCHO CAR WASH RCTOA ITEM DESCRIPTION REFUND: GYMNASTICS-BEGINNING RECRUIT ADS:MAINT/ENG/ACCT. DISPLAY ADS:VAR.CIP UPDATES DISPL.ADS:LCL REV,BD:REG.VOTE PUBLIC NOTICE:99-26 PUBLIC NOT]CE:PA99-O274 PUBLIC NOTICE:PA99-0273 RES.IMPROVEMENT PRGM:J.ORTIZ RES.IMPROVEMENT PRGM:LEHMAN RES.IMPROVEMENT PRG:WOOLDRIDGE MISC.EQUIP.RENTAL:PW MAINT.CRW RUBBER STAMPS:"PLANS NOT APPR. SALES TAX RUBBER STAMPS:"APPROVED" SALES TAX MISC.SUPPLIES FOR LAND DEV. SEP:01-05-00111-0:41638 WINCH. OCT:OI-15-O2615-O:WINCH.RD.LSC OCT:OI-O4-30510-O:MARG.RD.LSCp SEP:O1-O4-30510-O:MARG.RD.LSCP SEP:O1-O4-30520-O:MARG.RD.LSCp SEP:01-04-47068-1:41584 MARG. SEP:O1-O6-84860-5:PUJOL ST SEP:O1-O2-98000-O:STN #84 SEP:O1-O2-98010-O:STN #84 VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER HETERS VARIOUS WATER METERS VARIOOS WATER METERS CITY VEHICLE DETAILING CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS REG:FIRE TECH,P1C:11/13-21/99 ACCOUNT NUMBER 190-183-4982 001-150-999-5254 001-165-999-5256 001-120-999-5254 001-120-999-5256 001-120-999-5256 001-120-999-5256 165-199-813-5804 165-199-813-5804 165-199-813-5804 001-164-601-5238 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-162-999-5222 001-163-999-5268 191-180-999-5240 210-165-683-5804 210-165-683-5804 210-165-683-5804 191-180-999-5240 191-180-999-5240 280-199-807-5801 001-171-999-5240 001-171-999-5240 190-180-999-5240 191-180-999-5240 193-180-999-5240 190-180-999-5240 190-181-999-5240 190-182-999-5240 190-184-999-5240 191-180-999-5240 193-180-999-5240 340-199-701-5240 190-185-999-5240 001-164-603-5240 001-162-999-5214 001-110-999-5214 001-110-999-5263 001-171-999-5261 ITEM AMOUNT 16.00 1,068.83 378.00 252.00 9.5O 17.75 17.75 995.00 725.00 1,188.00 130.38 72.00 5.58 260.00 20.15 28.02 36,19 205.42 12.58 93.81 100.23 38.81 52.03 12.03 367.74 2,306.97 207.27 2,819.06 9,936.64 155.80 1,340.66 441.72 345.17 6,725.27 595.83 71.01 591.13 73.95 19.50 45.20 95.00 CHECK AMOUNT 16.00 1,743.83 1,720.00 1,188.00 130.38 357.73 28.02 26,455.37 138.65 95.00 VOUCHRE2 CITY OF TEMECULA 10/21/99 12:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58543 10/21/99 000266 RIGHTHAY NOV EQUIP.RENTAL:RIVERTON PARK 190-180-999-5238 62.89 62.89 58544 10/21/99 001365 RIVERSIDE CO ENVIRONMEN ANNUAL PERMIT:K.HINTERGARDT PK 190-180-999-5250 65.00 65.00 58545 10/21/99 001097 ROADLINE PRODUCTS INC SPEED-FLO PUMP:STENCIL TRUCK 001-164-601-5215 58545 10/21/99 001097 ROADLINE PRODUCTS INC SALES TAX 001-164-601-5215 1,980.00 153.45 2,133.45 58546 10/21/99 001624 ROBERTS, GENIE COHPUTER LOAN PRGM:G.ROBERTS 001-1175 2,000,00 2,000.00 58547 10/21/99 003001 ROSS FENCE COMPANY RES.IMPROVEMENT PRGM:R.CREGUT 165-199-813-5804 58548 10/21/99 002743 SAFE & SECURE LOCKSMITH LOCKSMITH SVCS:VAR[OUS PARKS 190-180-999-5212 2,808.00 113.46 2,808.00 113.46 58549 10/21/99 SCOTT HOSPITALITY CONSU DEVELOPMENT ADVISORY SERVICES 001-1270 350.00 350.00 58550 10/21/99 003801 SELF'S JANITORIAL SERVI OCT CUSTODIAL SVC:PARKS/6TH ST 190-180-999-5250 58550 10/21/99 003801 SELF~S JANITOR]AL SERVI OCT CUSTODIAL SVC:PARKS/6TH ST 001-164-603-5250 58550 10/21/99 003801 SELF'S JANITOR[AL SERVI SEP-OCT CUSTODIAL SVC:DUCK PND 190-180-999-5250 58550 10/21/99 003801 SELFtS JANITORIAL SERVI OCT CUSTODIAL SVC:PRK SHELTERS 190-180-999-5212 2,310.00 210.00 266.00 400.00 3,186.00 58551 10/21/99 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER MAINT:CRC 190-182-999-5250 58551 10/21/99 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER MAINT:B&S 001-162-999-5214 58551 10/21/99 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER MAINT:PW 001-164-604-5214 58551 10/21/99 000385 SHELDON EXTINGUISHER CO FIRE EXTINGUISHER MAINT:TCSD 190-180-999-5214 42.36 46.28 92.56 92.55 273.75 58552 10/21/99 000645 SMART & FINAL INC RECREATION SUPPLIES FOR TCC 190-184-999-5301 13.55 13.55 58553 10/21/99 003716 SO CAL CINEMAS MOVIE TICKETS FOR EMPL.RECOGN, 001-150-999-5265 225.00 225.00 58554 10/21/99 000537 SO CALIF EDISON OCT:2-19-184-O511:MARG.RD.TC1 191-180-999-5319 58554 10/21/9<) 000537 SO CALIF EDISON OCT:2-19-538-2262:VARIOUS MTRS 190-180-999-5240 58554 10/21/99 000537 SO CALIF EDISON OCT:2-13-O79-2377:H~Y 79 TC1 191-180-999-5319 58554 10/21/99 000537 SO CALIF EDISON OCT:2-O9-330-3030:WINCH.RD.TCI 191-180-999-5319 58554 10/21/99 000537 SO CAL[F EDISON OCT:2-O9-330-3139:WINCH.RD.TC1 191-180-999-5319 58554 10/21/99 000537 SO CALIF EDISON OCT:2-OT-626-6063:R.VISTA SPR. 193-180-999-5240 58554 10/21/99 000537 SO CALIF EDISON OCT:2-O2-351-68OO:VARIOUS MTRS 191-180-999-5240 58554 10/21/99 000537 SO CALIF EDISON OCT:2-O1-202-7330:VARIOUS MTRS 192-180-999-5319 58554 10/21/99 000537 SO CALIF EDISON SEP:2-OS-791-8807:VARIOUS MTRS 191-180-999-5319 58554 10/21/99 000537 SO CALIF EDISON OCT:2-18-O17-8972:MARG.RD.TC1 191-180-999-5319 58554 10/21/99 000537 SO CALIF EDISON OCT:2-20-140-9299:~INCH./YNEZ 191-180-999-5319 58554 10/21/99 000537 SO CALIF EDISON OCT:2-19-999-9442:VAR[OUS MTRS 191-180-999-5240 58554 10/21/99 000537 SO CALIF EDISON OCT:2-19-999-9442:VARIOUS MTRS 193-180-999-5240 58554 10/21/99 000537 SO CALIF EDISON SEP:2-19-335-9700:H~Y 79 TC1 191-180-999-5319 58554 10/21/99 000537 SO CALIF EDISON OCT:2-19-524-9867:WINCH.RD LS3 191-180-999-5319 58555 10/21/99 001212 SO CALIF GAS COMPANY OCT:O21-725-O775-4:SR CENTER 190-181-999-5240 58555 10/21/99 001212 SO CALIF GAS COMPANY OCT:O91-O24-9300-5:CRC 190-182-999-5240 58555 10/21/99 001212 SO CALIF GAS COMPANY OCT:O9S-167-7907-2:STN #84 001-171-999-5240 58555 10/21/99 001212 SO CALIF GAS COMPANY OCT:lO1-525-O950-O:TCC 190-184-999-5240 58555 10/21/99 001212 SO CAL[F GAS COMPANY OCT:133-O40-Z373-O:MAINT.FAC. 340-199-702-5240 58555 10/21/99 001212 SO CALIF GAS COMPANY OCT:181-383-8881-6:TEM.MUSEUM 190-185-999-5240 76.19 85.96 189.31 176.08 209,85 12.96 53.76 26,055.71 457.20 181.88 501.76 124.06 12.10 470.00 54.78 22.87 1,004.31 86.79 19.06 25,08 16.07 28,661.60 1,174.18 VOUCHRE2 10/21/99 12:52 VOUCHER/ CHECK CHECK NUMBER DATE 58556 10/21/99 58556 10/21/99 58556 10/21/99 58557 10/21/99 58558 10/21/99 58558 10/21/99 58559 10/21/99 58559 10/21/99 58559 10/21/99 58560 10/21/99 58561 10/21/99 58561 10/21/99 58562 10/21/99 58563 10/21/99 58563 10/21/99 58563 10/21/99 58564 10/21/99 58565 10/21/99 58566 10/21/99 58567 10/21/99 58568 10/21/99 58568 10/21/99 58568 10/21/99 58568 10/21/99 58568 10/21/99 58568 10/21/99 58568 10/21/99 58569 10/21/99 58570 10/21/99 58571 10/21/99 58572 10/21/99 58572 10/21/99 58573 10/21/99 VENDOR NUMBER 000519 000519 000519 001972 001546 001546 000305 000305 000305 003665 000307 000307 003851 000919 000919 000919 002578 003728 001483 003031 000459 000459 000459 000459 000459 000459 000459 VENDOR NAME SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR STANLEY R HOFFMAN ASSOC STRAIGHT LINE GLASS STRAIGHT LINE GLASS TARGET STORE TARGET STORE TARGET STORE TELCO COMMUNICATIONS GR TEMECULA TROPHY COMPANY TEMECULA TROPHY COMPANY TEMECULA VALLEY LANDSCA TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMEKU HILLS REC LLC TIMBERLAKE PAINTING TON DODSON & ASSOCIATES TRAFFIC CONTROL SERVICE TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G TUMBLE JUNGLE FITNESS G 003228 U S BANK TRUST NATIONAL 001342 003730 000345 000345 WAXIE SANITARY SUPPLY ! WEST COAST ARBORISTS IN XEROX CORPORATION BILLI XEROX CORPORATION BILLI YONKER, JADA CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION OCT PEST CONTROL SVCS:WED.CHPL OCT PEST CONTROL SVCS:CRC OCT PEST CONTROL SVCS:MUSEUM CONVERT FISCAL NOD. TO EXCEL97 RES.IMPROVEMENT PRGM:MIDDLETON INSTALL WINDOW AT MUSEUM MISC SUPPLIES FOR PW DEPT MISC SUPPLIES FOR PW DEPT M]SC SUPPLIES FOR PW DEPT OCT LONG DISTANCE PHONE SVCS PLAQUES FOR COMM RECOG DINNER SALES TAX RES.IMPROVEMENT PRGM:K.STEEN FAC.RENTAL:RED HAWK:9/25&10/21 FAC.RENTAL:VAIL RANCH:9/30 FAC.RENTAL:VAIL RANCH:10/16 REISSUE 52886:FAC.RENTAL:12/11 FACILITY REPAIR/MAINT:WED.CHPL SEP CONSULT SVCS:IST ST BRIDGE SUPPLIES FOR PW MAINT CREWS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS JUL ADMIN SERVICES:CFD 88-12 CRC MAINTENANCE SUPPLIES TREE MAINT. SVCS:VAR[OUS LOC. AUG BASE CHRG OF DC20 COPIER OCT 5765 COPIER USAGE REFUND: GYMNASTICS-BEGINNING ACCOUNT NUMBER 190-185-999-5250 190-182-999-5250 190-185-999-5250 001-110-999-5248 165-199-813-5804 190-185-999-5212 001-163-999-5220 001-164-604-5220 001-165-999-5220 320-199-999-5208 001-100-999-5265 001-100-999-5265 165-199-813-5804 001-110-999-5307 001-110-999-5307 001-110-999-5307 001-150-999-5265 190-185-999-5212 280-199-807-5804 001-164-601-5218 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 261-199-999-5250 190-182-999-5212 193-180-999-5212 001-171-999-5215 330-199-999-5239 190-183-4982 ITEM AMOUNT 32.00 42.00 42.00 1,960.00 797.87 248.63 23.30 23.30 23.31 1,825.66 649.60 50.34 3,200.00 232.00 168.00 170.00 182.00 200.00 2,251.10 62.50 200.00 220.80 331.20 73.60 220.80 331.20 160.00 3,750.00 79.90 480.00 148.70 309.87 16.00 PAGE 9 CHECK AMOUNT 116.00 1,960.00 1,046.50 69.91 1,825.66 699.94 3,200.00 570.00 182.00 200.00 2,251.10 62.50 1,537.60 3,750.00 79.90 480.00 458.57 16.00 VOUCHRE2 10/21/99 VOUCHER/ CHECK NUMBER 58467 58496 58496 58497 12:52 CHECK DATE 10/21/99 10/21/99 10/21/99 10/21/99 VENDOR NUHBER 000154 000175 000175 000175 VENDOR NAME CSMFO GOVERNMENT FINANCE OFFI GOVERNMENT FINANCE OFFI GOVERNMENT FINANCE OFFI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ~99 BUDGET AWARD PRGM CIP DOC GOVT GAAP UPDATE:11/10:ROBERTS GOVT GAAP UPDATE:11/10:PATTISO INTERMEDIATE GOVT SEM:12/14-16 ACCOUNT NUMBER 001-140-999-5250 001-140-999~5261 001-140-999-5261 001-140-999-5261 ITEM AMOUNT 50.00 75.00 75.00 342.00 PAGE 10 CHECK AMOUNT 50.00 150.00 342.00 TOTAL CHECKS 330,824.43 VOUCHRE2 10/28/99 15:56 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOI4/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS SUPPORT SERVICES 340 FACILITIES AMOUNT 76,690.10 169,200.64 21,481.26 581.93 10,169.21 456.60 36,092.21 3,651.05 257.94 5,812.90 58.38 1,176.15 TOTAL 325#628.37 VOUCHRE2 CITY OF TEMECULA 10/28/99 15:56 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58574 10/21/99 MAIL BOXES ETC. SHIPPING CHRGES:TIME CAPSULE 280-199-999-5562 95 95.64 58575 10/25/99 002536 SMITH, ZENAIDA B. TRAVEL ADV:CMBTA CF:10/26-28 001-140-999-5261 100.00 100.00 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5520 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-2175 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-101-999-5285 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5~01 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5278 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5220 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5212 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-602-5262 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5]01 58576 10/27/99 0O0249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-111-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 165-199-999-5220 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5215 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 165-199-999-5220 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-101-999-5280 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210-165-604-5801 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5220 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5320 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5226 58576 10/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-1990 17.58 82.11 49.54 5.38 23.52 16.13 3.18 34.48 11.90 19.14 4.86 12.54 7.98 15.06 15.58 20.00 52.92 18.75 27.42 56.57 45.76 20.00 19.92 8.00 25.19 45.21 9.41 8.29 20.92 10.76 25.00 50.00 24.67 23.95 21.50 30.30 9.61 17.69 15.00 25.00 950.82 58578 10/27/99 UNION BANK FOR CASHIERS LOAN MOD.FEES:IST HMBYR:HILTON 165-199-999-5449 180155 10/21/99 000166 FIRST AMERICAN TITLE CO CLOSE ESCROW:28496 PUJOL ST 165-199-823-5700 2,180.58 156,329.63 2,180.58 156,329.63 58581 10/28/99 000724 A & R CUSTOM SCREEN PR] SOFTBALL T-SHIRT AWARDS 190-183-999-5380 548.92 548.92 VOUCHRE2 1 O/28/99 VOUCHER/ CHECK NUMBER 58582 58583 58583 58583 58583 58583 58583 58583 58583 58584 58584 58585 58586 58587 58588 58589 58590 58591 58592 58593 58594 58595 58596 58596 58596 58597 58598 58599 58600 58601 58601 15:56 CHECK DATE 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 VENDOR NUMBER 000622 000622 000622 000622 000622 000622 000622 000622 002541 002541 000154 002534 002147 003739 001716 000518 003006 002954 000684 003825 003825 003825 002701 001669 001380 001165 002939 002939 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME AQUILINO, STEVE BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFR[GER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BECKERr WALTER KARL BECKER, WALTER KARL BUTLER, GREG CSMFO CATERERS CAFE COLE, TOM & SALAZAR, MA COMPL ! MENTS COMPLA I NTS COTTON BELAND ASSOCIATE DANS ROOFING DEL RIO CARE ANIMAL HOS DEWITT CUSTOM PAINTING DIAMOND GARAGE DOOR INC DIEHL EVANS & COMPANY DISPLAY WAREHOUSE DISPLAY WAREHOUSE DISPLAY WAREHOUSE DIVERSIFIED RISK ITEM DESCRIPTION REFUND: TINY TOTS-TERRIFIC 3~S CRC POOL DECK LIGHTS CRC POOL DECK LIGHTS TEN ELEMENTARY POOL LIGHTS TEM ELEMENTARY POOL LIGHTS TEM DUCK POND LIGHT REPAIRS TEM DUCK POND:TREE LIGHTS CRC ELECTRICAL REPAIRS CRC ELECTRICAL REPAIR 620 FT A.CoON DIAZ & RANCHO CA R & R 2 STAIRS IN OLD TOWN RB:CIP/CONST.LAW CF:10/18-19 CSMFO 99 BUDGET AWARD APPL.FEE PROFESSIONAL MEETING:10/14/99 REIMB:CACEO CF:10/05-07/99 CLOWNS:HALLOWEEN SPOOKTACULAR AUG-OCT HOUSING ELEMENT UPDATE RES. IMPROVEMENT PRGM:MIDDLETON POLICE K-9 MEDICAL TREATMENT FACADE IMPRV.PRGM:R.MERCHANT RES.IMPROVEMENT PRGM:D.NEWMAN 1999 REDEVELOPMENT HANDBOOK SUPPLIES FOR MUSEUM DISPLAY FREIGHT SALES TAX OCT 99 SPECIAL EVENT INSURANCE DUNN EDWARDS CORPORAT[O SUPPLIES FOR GRAFFITI REMOVAL E S I EMPLOYMENT SERVIC ENTERTAINMENT PUBLICATI ENVIRONMENTAL SYSTEMS R ENVIRONMENTAL SYSTEMS R TEMP HELP (2)W/E 10/8 HILLBERG PYT FOR 60 ENTERTAINMENT BOOKS AUG GIS SOFTWARE SUPPORT SVCS SEPT GIS SOFTWARE SUPPORT SVCS ACCOUNT NUMBER 190-183-4980 190-182-999-5212 190-180-999-5212 190-182-999-5212 190-180-999-5212 210-190-143-5804 210-190-143-5804 190-182-999-5212 190-182-999-5212 001-164-601-5402 001-164-603-5250 001-165-999-5261 001-140-999-5250 001-161-999-5260 001-162-999-5258 190-183-999-5370 001-161-999-5248 165-199-813-5804 001-170-999-5327 280-199-813-5804 165-199-813-5804 001-140-999-5228 210-190-808-5804 210-190-808-5804 210-190-808-5804 300-2180 001-164-601-5218 165-199-999-5118 190-183-4980 001-161-610-5606 001-161-610-5606 ITEM AMOUNT 47.00 1,058.27 1,067.73 1,067.73 1,077.27 3,400.00 212.20 292.50 212.00 4,218.75 4,840.00 217.16 50.00 12.31 694.28 75.00 4,922.00 375.00 89.31 2,900.00 710.00 75.00 909.30 35.00 70.47 174.36 46.68 1~644.80 400.00 948.75 785.50 PAGE 2 CHECK AMOUNT 47.00 8,387.70 9,058.75 217.16 50.00 12.31 694.28 75.00 4,922.00 375.00 89.31 2,900.00 710.00 75.00 1,014.77 174.36 46.68 1,644.80 400.00 1,734.25 VOUCHRE2 CITY OF TEMECULA 10/28/99 15:56 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:WINCHESTER 193-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:WINCHESTER 190-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:RIVERTON PRK 190-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:NAKAYAMA PRK 190-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:MARGARITA/RU 193-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:WINCHESTER 19]-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:SPRTS PRK 190-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:RIDGEVIEW 19]-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:WINCHESTER 19]-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:SANTIAGO/YNE 19]-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:RYECREST 19]-180-999-5212 58602 10/28/99 001056 EXCEL LANDSCAPE OCT LDSCP REPAIRS:VARIOUS SITE 191-180-999-5415 110,63 175,00 50.81 45.64 100.15 48.11 147,79 110.63 155.97 164.01 73.95 350.00 1,530.67 5860] 10/28/99 001701 EXCEL RENTAL CENTER TEMP LIGHT:TEM ELEM & CRC POOL 190-180-999-5238 220.00 220.00 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-162-999-52]0 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES ]20-199-999-5230 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-161-999-5230 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-150-999-5230 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-164-604-5230 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-111-999-5230 586O4 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-150-999-5230 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 190-180-999-5230 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-162-999-52]0 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-111-999-5230 58604 10/28/99 000165 FEDERAL EXPRESS [NC EXPRESS MAIL SERVICES 280-199-999-5230 58604 10/28/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-16]-999-5230 37.00 2].08 26.]6 11.73 19.00 35.15 11.73 23.46 61.27 14.25 11.73 10.12 284.88 58605 10/28/99 000166 FIRST AMERICAN TITLE CO TITLE SEARCH:CAMPOS VERDES LLC 210-165-683-5801 400.00 400.00 58606 10/28/99 003347 FIRST BANKCARD CENTER XX-O902:O'GRADY:CONF:PORTLAN 001-110-999-5258 58606 10/28/99 003347 FIRST BANKCARD CENTER XX-2576:NELSON:PROF.MEETINGS 001-110-999-5260 58606 10/28/99 003347 FIRST BANKCARD CENTER XX-4117 W.HUGHES: PROF MTGS 210-165-604-5801 58606 10/28/99 003347 FIRST BANKCARD CENTER XX-6702 J.MEYER:S.W.AIR SJC 280-199-999-5258 58606 10/28/99 003347 FIRST BANKCARD CENTER XX-6702 J.MEYER:INT~L COUNCIL 280-199-999-5258 58606 10/28/99 003347 FIRST BANKCARD CENTER XX-6702 J.MEYER:INT'L COUNCIL 280-1990 58606 10/28/99 003347 FIRST BANKCARD CENTER XX-6702 J.MEYER:FRANKLIN COVEY 280-1990 58607 10/28/99 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS 001-150-999-5250 58607 10/28/99 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS 001-150-999-5250 857.06 41.10 85.32 72.00 61.50 98.50 32.33 85.00 510.00 1,247,81 595.00 58608 10/28/99 003271 FORMA SYSTEMS SEPT PROFESSIONAL SERVICES 001-161-610-5606 293.69 293.69 58609 10/28/99 001989 FOX NETWORK SYSTEMS INC KEY-VIEW II REMOTE ACCESS UPGR 320-1970 58609 10/28/99 001989 FOX NETWORK SYSTEMS INC FREIGHT 320-1970 58609 10/28/99 001989 FOX NETWORK SYSTEMS INC SALES TAX 320-1970 895.00 22.65 69.36 987.01 58610 10/28/99 003848 FRANK FULLEN PAINTING RES.IMPROVEMENT PRGM:J.RIEDY 165-199-813-5804 58611 10/28/99 000170 FRANKLIN QUEST COMPANY DAY PLANNER REFILLS & KITS 001-16]-999-5220 58611 10/28/99 000170 FRANKLIN QUEST COMPANY DAY PLANNER REFILLS & KITS 001-165-999-5220 2,750.00 155.61 2,750.00 VOUCHRE2 10/28/99 15: 56 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58611 10/28/99 000170 58612 10/28/99 000184 58612 10/28/99 000184 FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 58613 10/28/99 001937 GALLS INC 58613 10/28/99 001937 GALLS INC 58613 10/28/99 001937 GALLS ZNC 58613 10/28/99 001937 GALLS INC 58613 10/28/99 001937 GALLS INC 58613 10/28/99 001937 GALLS INC 58613 10/28/99 001937 GALLS INC 58613 10/28/99 001937 GALLS INC 58613 10/28/99 001937 GALLS INC DAY PLANNER REFILLS & KITS FREIGHT SALES TAX SALES TAX SALES TAX THREADS PLANNER REFILL SHOEBOX PLANNER REFILL SHOEBOX PLANNER REFILL FREIGHT SALES TAX 909 197-00T5 GENERAL USAGE 909 695-3564 ALARM CELL PHONE CARRYING CASES CELL PHONE CARRYING CASES CELL PHONE CARRYING CASES FREIGHT FREIGHT FREIGHT SALES TAX SALES TAX SALES TAX 001-164-604-5220 001-164-604-5220 001-163-999-5220 001-165-999-5220 001-164-604-5220 001-120-999-5220 001-120-999-5220 001-120-999-5277 001-120-999-5220 001-120-999-5220 320-199-999-5208 320-199-999-5208 001-163-999-5242 001-165-999-5242 001-164-604-5242 001-163-999-5242 001-165-999-5242 001-164-604-5242 001-163-999-5242 001-165-999-5242 001"164-604-5242 606.01 25.69 13.38 26.76 47.02 94.80 27.20 27.20 10.60 12.38 1,963.85 54.58 43.30 43.30 43.30 3.33 3.33 3.33 3.62 3.62 3.60 1,384.03 2,018.43 150.73 58614 10/28/99 002160 GARY RAUB ASSOCIATES 58614 10/28/99 002160 GARY RAUB ASSOCIATES 58614 10/28/99 002160 GARY RAUB ASSOCIATES WINDOW SHADE REPAIR MATERIALS LABOR TRAVEL 190-182-999-5212 190-182-999-5212 190-182-~99-5212 100.00 180.00 135.00 415.00 58615 10/28/99 GEOGRAPHICS REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 58616 10/28/99 003792 GRAINGER 58616 10/28/99 003792 GRAINGER REFRIGERATOR FOR MEDIC SQUAD SALES TAX 001-171-999-5242 001-171-999-5242 710.16 42.61 752.77 58617 10/28/99 000186 HANKS HARDWARE INC 58617 10/28/99 000186 HANKS HARDWARE INC HARDWARE SUPPLIES - FIRE DEPT 001-171-999-5212 HARDWARE SUPPLIES-MEDIC SQUAD 001-171-999-5242 79.87 376.57 456.44 58618 10/28/99 HARKER, WILLIAM A. SUPPLIES FOR TIME CAPSULE 280-199-999-5362 100.00 100.00 58619 10/28/99 003844 58620 10/28/99 000194 58620 10/28/99 000194 58620 10/28/99 000194 5~520 10/28/99 000194 58620 10/28/99 000194 58621 10/28/99 003857 58621 10/28/99 003857 58621 10/28/99 003857 58621 1~/28/99 003857 58621 10/28/99 003857 HERITAGE MEDIA CORPORAT I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS IDEA ART IDEA ART IDEA ART IDEA ART IDEA ART FULL PAGE AD:RELOCATION GUIDE 001-111-999-5270 3,195.00 000194 DEF COMP 001-2080 1,813.12 000194 DEF COMP 165-2080 250.00 000194 DEF COMP 190-2080 190.00 000194 DEF COMP 193-2080 30.00 000194 DEF COMP 280-2080 83.33 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-999-5370 190-183-~9-5370 LETTER PAPER(HOLIDAY LIGHTS) NAME BADGES FOR HOLIDAY LIGHTS POSTCARDS PER 100 SAINT NICK PAPER FOR PARADE FREIGHT 19.50 17,40 13.00 19.50 8.90 3,195.00 2,366,45 78.3O VOUCHRE2 10/28/99 15:56 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 58622 10/28/99 58623 10/28/99 001407 58624 10/28/99 000199 58625 10/28/99 002140 58626 10/28/99 003860 58627 10/28/99 58628 10/28/99 003631 58629 10/28/99 003646 58629 10/28/99 003646 58630 10/28/99 001973 58631 10/28/99 002187 58632 10/28/99 58633 10/28/99 000482 58633 10/28/99 000482 58634 10/28/99 002634 58634 10/28/99 002634 58634 10/28/99 002634 58635 10/28/99 003782 58635 10/28/99 003782 58636 10/28/99 001967 58636 10/28/99 001967 58637 10/28/99 002046 58638 10/28/99 003276 58639 10/28/99 58640 10/28/99 001384 58640 10/28/99 001384 58641 10/28/99 58642 10/28/99 002727 58643 10/28/99 002033 58643 10/28/99 002033 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME INSTITUTE OF MANAGEMENT INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC JAGUAR COMPUTER SYSTEMS JOE'S SHEET METAL 1I KITTLE, BRANDIE KLEINFELDER INC KULI IMAGE INC KULI IMAGE INC LA SALLE LIGHTING SERVI LAKE ELSINORE ANIMAL FR LATIN AMERICAN ASSOCATI LEIGHTON & ASSOCIATES I LEIGHTON & ASSOCIATES I LITELINES INC LITELINES INC LITELINES INC MAIN STREET SIGNS MAIN STREET SIGNS ITEM DESCRIPTION SUBSCRIPTION: CONTROLLER'S RPT CRC POOL SANITIZING CHEMICALS 000199 IRS GARN NETWORK SVCS:LABOR/TRAVEL EXP. MISC EQUIP FOR FIRE DEPT REFUND: TINY TOTS-CREATIVE BEG GEOTECHNICAL SVCS:PALA RD BRDG SCREEN PRINTED VISORS & CAPS SALES TAX CITY HALL PRK LOT LGHT REPAIRS SEPT ANIMAL CONTROL SERVICES REFUND: SECURITY DEPOSIT GEOTECHNICAL SVCS: PW98-07 GEOTECHNICAL SVCS: PW98-09 CLEAR LAMPS:OLD TWN ST LIGHTS FREIGHT SALES TAX VARIOUS ROAD SIGNS HARDWARE FOR ROAD SIGNS MANPOWER TEMPORARY SERV TEMP HELP W/E 10/10 SALAZAR MANPOWER TEMPORARY SERV TEMP HELP W/E 10/10 HUTSON MASTER K 9 INC MCKEON~ WILLIAM MEADOWVIEW POINTE, LLC MINUTEMAN PRESS MINUTEMAN PRESS MORENOo GEORGE & MUNICIPAL MGMT ASSISTAN NATIONAL CRIME PREVENT! NATIONAL CRIME PREVENTI MAINTENANCE TRAINING FOR K-9 REIMBURSE:ICBO EXAM FEE REFUND:ENG.DEPOSIT:LD97-101GR BUSINESS CARDS:J.EVANS SALES TAX REFUND: SECURITY DEPOSIT ANNUAL MEMBERSHIP:AARON ADAMS HALLOWEEN BAGS FOR SPOOKTACULR FREIGHT ACCOUNT NUMBER 001-140-999-5228 190-182-999-5250 001-2140 320-199-999-5248 001-171-999-5242 190-183-4980 210-165-631-5801 194-180-999-5254 194-180-999-5254 340-199-701-5212 001-172-999-5255 190-2900 210-165-697-5804 210-165-605-5804 001-164-603-5218 001-164-603-5218 001-164-603-5218 001-164-601-5244 001-164-601-5244 001-162-999-5118 001-161-999-5118 001-170-999-5261 001-162-999-5261 001-2670 001-170-999-5222 001-170-999-5222 190-2900 001-110-999-5226 190-183-999-5370 190-183-999-5370 ITEM AMOUNT 224.97 296.31 318.92 922.96 519.55 30.00 2,073.00 419.12 32.48 430.50 4~874.10 100.00 2,390. O0 1,040. O0 222.00 4.74 17,21 668.05 261.83 372.98 464.40 900.00 50.00 995. O0 52.75 4.09 100.00 40. O0 103.50 18.64 PAGE 5 CHECK AMOUNT 224.97 296.31 318.92 922.96 519.55 30.00 2,073.00 451.60 430.50 4,874.10 100.00 3,430.00 243.95 929.88 837.38 900.00 50.00 995.00 56.84 100.00 40.00 122.14 VOUCHRE2 10/28/99 15:56 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 58644 10/28/99 002139 58644 10/28/99 002139 58644 10/28/99 002139 58644 10/28/99 002139 NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT ANNUAL SUBSCRIPTION:TCSD DISPLAY ADS:WALL OF HONOR DISPLAY ADS:I.Y.O,P. RECRUITMENT AD:OFFICE ASSIST. 190-180-999-5228 190-180-999-5254 001-1990 001-150-999-5254 84.00 132.81 232.40 71.68 520.89 58645 10/28/99 002100 OBJECT RADIANCE INC 58645 10/28/99 002100 OBJECT RADIANCE INC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190-183-999-5330 576.80 67.20 644.00 58646 10/28/99 002105 58646 10/28/99 002105 58646 10/28/99 002105 58646 10/28/99 002105 58646 10/28/99 002105 58646 10/28/99 002105 58646 10/28/99 002105 OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT 001-165-999-5214 001-165-999-5214 001-162-999-5214 340-199-701-5214 001-110-999-5214 001-164-601-5214 001-164-601-5214 19.19 377.02 99.71 53.63 39.34 279.26 65.00 933.15 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 58647 10/28/99 003021 PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER PACIFIC BELL MOBILE SER OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES OCT CELLULAR PHONE SERVICES 001-100-999-5208 001-110-999-5208 001-150-999-5208 001-163-999-5208 001-164-601-5208 001-164-604-5208 001-1990 001-140-999-5208 001-120-999-5208 320-199-999-5208 280-199-~99-5208 001-161-999-5208 001-162-999-5208 190-180-999-5208 174.22 186.27 90.93 334.84 216.67 56.69 815.37 55,07 117.00 303.44 58.31 110.79 1,221.37 611.42 4,352.39 58648 10/28/99 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 154.60 154,60 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT INC 58649 10/28/99 000252 POLYCRAFT INC VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET VEH.SAFETY STICKERS:CITY FLEET 001-110-999-5214 001-161-999-5214 001-162-999-5214 001-163-999-5214 001-164-601-5214 001-164-604-5214 001-165-999-5214 001-171-999-5214 190-180-999-5214 340-199-701-5214 28.34 28.34 28,34 28.34 28.34 28.34 28.34 28.34 28.34 28.32 283.38 58650 10/28/99 000253 POSTMASTER 58650 10/28/99 000253 POSTMASTER 58650 10/28/99 000253 POSTMASTER EXPRESS HAIL & POSTAL SERVS EXPRESS HAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS 001-120-999-5230 001-161-999-5230 190-180-999-5230 34.25 31.50 11.75 77.50 58651 10/28/99 000254 58651 10/28/99 000254 58651 10/28/99 000254 PRESS ENTERPRISE CONPAN PRESS ENTERPRISE CONPAN PRESS ENTERPRISE CONPAN PUBLIC NOTICE: PA99-0266 PUBLIC NOTICE:PA97-0307 PUBLIC NOTICE:PA99-0308 001-161-999-5256 001-161-999-5256 001-161-999-5256 16.50 20.50 18.00 VOUCHRE2 10/28/99 VOUCHER/ CHECK NUMBER 58651 58652 58652 58652 58653 58653 58654 58654 58655 58655 58655 58655 58656 58656 58656 58657 58657 58657 58657 58657 58657 58658 58658 58658 58659 58660 58660 58661 58661 58662 58662 58662 58663 58664 58664 58664 58664 15:56 CHECK DATE 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 lo/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 1G/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 VENDOR NUMBER 000254 002776 002776 002776 003493 003493 003687 003687 000947 000947 000947 000947 000262 000262 000262 003725 003725 003725 003725 003725 003725 000955 000955 000955 000271 000873 000873 003864 003864 002670 002670 002670 003870 O00645 000645 000645 000645 VENDOR NAME PRESS ENTERPRISE CONPAN PRIME MATRIX INC PRIME MATRIX INC PRIME MATRIX INC PRO-CRAFT OVERHEAD DOOR PRO-CRAFT OVERHEAD DOOR QUEST ENVIRONMENTAL QUEST ENVIRONMENTAL RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RANCHO CALIF WATER DIST RASMUSSEN BROTHERS CONS RASMUSSEN BROTHERS CONS RASMUSSEN BROTHERS CONS RASMUSSEN BROTHERS CONS RASMUSSEN BROTHERS CONS RASMUSSEN BROTHERS CONS RIVERSIDE CO SHERIFF BI RIVERSIDE CO SHERIFF BI RIVERSIDE CO SHERIFF BI ROBERT BEIN ~ FROST & ROBERTS, RONALD H. ROBERTS, RONALD H. SAN DIEGO HISTORICAL SO SAN DIEGO HISTORICAL SO SCHNEIDER-LJUBENKOV, JU SCHNEIDER-LJUBENKOV, JU SCHNEIDER'LJUBENKOV, JU SIMULAIDS SMART & FINAL INC SMART & FINAL INC SMART & FINAL INC SMART & FINAL INC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PUBLIC NOTICE:PA99-0296 SEPT:5001339:L[NDEMANS SEPT:5001377:SR VAN SEPT:5002330:CITY VAN RES.IMPROVEMENT PRGM:S.DAHLIN RES.IMPROVEMENT PRGM:P.COOPER HAZ-MAT SERVICES:OLD TOWN CREDIT:EXCEEDS CONTRACT AMOUNT DUP.BLUEPRINTS:BIKE LANES:9902 DUP.BLUEPRINTS:PUJOL SDWK:9817 DUP.BLUEPRINTS:PUJOL SDWK:9817 DUP.BLUEPRINTS:PUJOL SDWK:9817 VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS CREDIT:RET.W/H PMT-CTMFTI-1 REVERSE RETENTION FOR CREDIT MAINT FACILITY CONST PHASE II MAINT FACILITY CONST PHASE II MAINT.FACILITY CONSTR.PHASE II RET.W/H PMT:MAINT.FAC:PHASE II AUG 99 BIKE PATROL PATROL SVCS:COUNCIL MTG:8/24 SEPT 99 BIKE PATROL AUG ENG.SVCS:PALA RD BRDG:9715 LEAGUE CF:MONTEREY:7/28-31/99 LEAGUE CF:TROY,M!:9/8-12/99 JOURNALS-REFERENCE MATERIALS FREIGHT TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS SUPPLIES:"EVERY 15 MINUTES PRG SUPPLIES FOR RECOGN.PROGRAM RECREATION SUPPLIES FOR MPSC RECREATION CLASS SUPPLIES RECREATION SUPPLIES FOR TCC ACCOUNT NUMBER 001-161-999-5256 001-100-999-5208 190-180-999-5Z08 190-180-999-5208 165-199-813-5804 165-199-813-5804 001-164-601-5430 001-164-601-5430 210-190-156-5804 210-165-826-5804 210-165-826-5804 210-165-826-5804 190-180-999-5240 191-180-999-5240 193-180-999-5240 210-190-158-5804 210-2035 210-190-158-5804 210-190-158-5804 210-190-158-5804 210-2035 001-170-999-5326 001-170-999-5370 001-170-999-5326 210-165-631-5801 001-100-999-5258 001-100-999-5258 190-185-999-5301 190-185-999-5301 190-183-999-5330 190-183-999-5330 190-183-999-5330 001-2690 001-150-999-5265 190-181-999-5301 190-183-999-5370 190-184-999-5301 ITEM AMOUNT 19.00 67.40 49.32 28.95 925.00 740.00 676.00 2.00- 176.49 16.49 12.83 14.11 2,580.25 58.24 9,290.74 6,222.00- 622.20 70,700.00 62,216.00- 11,130.75 1,961.48- 3,654.00 233.35 974.40 2,000.00 7.50 7.00 16.00 2.00 152.00 106.40 208.00 130.95 21.26 58.80 10.63 69.22 PAGE 7 CHECK AMOUNT 74.00 145.67 1,665.00 674.00 219.92 11,929,23 12,053.47 4,861.75 2,000.00 14.50 18.00 466.40 130.95 159.91 VOUCHRE2 10/28/99 VOUCHER/ CHECK NUMBER 58665 58665 58666 58666 58667 58667 58667 58667 58668 58669 58670 58671 58671 58672 58672 58673 58673 58673 58673 58673 58674 58674 58674 58675 58675 58675 58676 58677 58678 58679 58680 58681 58682 58682 15:56 CHECK DATE 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/P8/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 000537 000537 000282 000282 000519 000519 000519 000519 SO CALIF EDISON SO CALIF EDISON OCT:2-19-249-3989:MARG. LS3 OCT:2-18-348-6315:MARG.RD.TC1 SO CALIF MUNICIPAL ATHL SCMAP INSTITUTE:10/14:TCSD STF SO CALIF MUNICIPAL ATHL CREDIT:BILLING ERROR (DAWSON) SOUTH COUNTY PEST CONTR OCT PEST CONTROL SVCS:CABOOSE SOUTH COUNTY PEST CONTR OCT PEST CONTROL SVC:TCC SOUTH COUNTY PEST CONTR OCT PEST CONTROL SVC:MAINT,FAC SOUTH COUNTY PEST CONTR OCT PEST CONTROL SVC:SR CENTER SOUTHERN CALF. REGION M REFUND: SECURITY DEPOSIT 003840 STRONGS PAINTING 000574 SUPERTONER T.C.C. EXTERIOR PAINTING OCT LASER PRINTER MAINTENANCE 002224 SYNDISTAR INC EDUCATIONAL VIDEOS - FIRE 002224 SYNDISTAR INC FREIGHT 003449 T H E SOILS COMPANY 003449 T H E SOILS COMPANY 003828 TANGRAM INTERIORS 003828 TANGRAM INTERIORS 003828 TANGRAM INTERIORS 003828 TANGRAM INTERIORS 003828 TANGRAM INTERIORS 000305 TARGET STORE 000305 TARGET STORE 000305 TARGET STORE TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL TEMECULA MOTORSPORTS LL 003677 003677 003677 003067 TEMECULA R V 000307 TEMECULA TROPHY COMPANY 000312 TEMECULA VALLEY PLAYHOU 003149 TERRA CAL CONSTRUCTION 003862 THYSSEN DOVER ELEVATOR 000320 TOWNE CENTER STATIONEER ASSESSMENT SVCS:42230 SIXTH ST ASSESSMENT SVCS:42291 SIXTH ST FURNITURE FOR MAINT FACILITY DELIVERY & INSTALLATION OF SALES TAX CREDIT:FURNITURE DAMAGED SALES TAX MISC. RECREATION SUPPLIES:TCSD MISC. RECREATION SUPPLIES:TCSD REC SUPPLIES FOR MPSC MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD REPAIR/SVC GENERATOR:PD TRAILR SPORTS & AWARD TROPHIES FY 99-00 CSF PROGRAM AWARD RELEASE STOP NOTiCE:WINCH.CRK. OCT ELEVATOR SERVICE:CITY HALL MISC OFFICE SUPPLIES:RDA 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP ACCOUNT NUMBER 191-180-999-5319 191-180-999-5319 190-180-999-5261 190-180-999-5261 001-170-999-5250 190-184-999-5250 340-199-702-5250 190-181-999-5250 190-183-4990 190-184-999-5416 320-199-999-5215 001-171-999-5296 001-171-999-5296 165-199-999-5250 165-199-999-5250 210-190-158-5804 210-190-158-5804 210-190-158-5804 210-190-i58-5804 210-190-158-5804 190-180-999-5301 190-183-999-5370 190-181-999-5301 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5215 001-100-999-5265 001-101-999-5287 210-2038 340-199-701-5212 280-1990 001-2080 165-2080 ITEM AMOUNT 70.01 103.68 210.00 30.00- 29.00 36.00 40.OO 29.00 100.00 4,350,00 625.00 495.00 37.00 1,500.00 1,500.00 3,721.82 408,00 320.06 995.95- 77.19- 44,08 32.78 29.49 947.14 591.14 83.00 220.43 279.85 15,000.00 7,816.03 214.00 14.96 9,048.57 210.23 PAGE 8 CHECK AMOUNT 173.69 180.00 134.00 100.00 4,350.00 625.00 532.00 3,000.00 3,376.74 106.35 1,621.28 220.43 279.85 15,000.00 7,816.03 214.00 14.96 VOUCHRE2 10/28/99 VOUCHER/ CHECK NUMBER 15:56 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 58682 10/28/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 58682 10/28/99 001065 U S C M/PEBSCO CDEF. C 001065 DEF COMP 58682 10/28/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 58682 10/28/99 001065 U S C M/PEBSCO CDEF. C 001065 DEF COMP 58682 10/28/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 58682 10/28/99 001065 U S C M/PEBSCO (OEF. C 001065 DEF COMP 58682 10/28/99 001065 U S C M/PEBSCO (OEF. C 001065 DEF COMP 58683 58683 58683 58683 58683 58683 58683 58683 58684 58684 58684 58684 5868/+ 58684 58684 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/99 10/28/9<2 10/28/99 10/28/99 10/28/99 10/28/99 58685 000389 000389 000389 000389 000389 000389 000389 000389 000325 000325 000325 000325 000325 000325 000325 001890 001342 001342 001342 001342 003?56 58686 58686 58686 58686 USC USC USC USC USC USC USC USC M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR M/PEBSCO (OBRA) 000389 PT RETIR UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED bAY VORTEX DOORS WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY I WAXIE SANITARY SUPPLY ! WEINBERG, STEVEN WHITE HOUSE SANITATION 58687 58688 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW CRC DOOR REPAIR AND MAINT. CRC MAINTENANCE SUPPLIES TCC MAINTENANCE SUPPLIES CITY HALL MAINTENANCE SUPPLIES SR CENTER MAINTENANCE SUPPLIES REFUND: SECURITY DEPOSIT OCT PROFESSIONAL SERVICES ACCOUNT NUMBER 190-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 320-2160 330-2160 340-2160 001-2120 165-2120 190-2120 280-2120 300-2120 320-2120 330-2120 190-182-999-5212 190-182-999-5212 190-184-999-5212 340-199-701-5212 190-181-999-5212 190-2900 190-180-999-5250 ITEM AMOUNT 1,656.59 61.66 5.00 85.23 83.33 666.66 194.42 1,685.06 48.17 1,004.22 23.38 11.27 262.32 53.38 74.56 221.75 3.75 19.00 1.25 .25 4.00 5.O0 280.16 186.19 129.35 140.72 82.59 100.00 50.00 PAGE 9 CHECK AMOUNT 12,011.69 3,162.36 255.00 280.16 538.85 100.00 50.00 TOTAL CHECKS 325,628.37 VOUCHRE2 10/28/99 16:33 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/HOD SET ASIDE 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CZP 320 INFORMATION SYSTEMS AMOUNT 86,437,15 1,025.00 445,661.54 1,025.00 39,197.64 TOTAL 57'3,346.33 VOUCHRE2 10/28/99 16:33 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 58703 11/09/99 001538 58703 11/09/99 001538 58704 11/09/~9 003071 58705 11/09/99 003629 58705 11/09/99 003629 ALBERT GROVER & ASSOCIA ALBERT GROVER & ASSOCIA BIDAMERICA CALTROP ENGINEERING COR CALTROP ENGINEERING COR TRAFFIC SIGNAL TIMING SVCS TRAFFIC SIGNAL TIMING SVCS SCAN BUILDING & SAFETY PERMITS SEPT INSPECTION SVCS:OVRLAHD SEPT INSPECTION SVCS:PALA BRDG 001-164-602-5248 4,600.00 001-164-602-5412 2,780,00 7,380,00 001-162-999-5250 10,778.50 10,778.50 210'165-604-5801 7,890.50 210-165'631-5801 7,374.50 15,265.00 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58706 11/09/99 003813 58707 11/09/99 000164 CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS CUSTOM BUILT SOLUTIONS ESGIL CORPORATION 10 PC ~/ORKSTATIONS 320-1970 8,720.00 10 NATURAL KEYBOARDS 320-1970 230.00 10 INTELLIMOUSE PRO 320-1970 160.00 10 SAMSUNG 750B MONITORS 320-1970 2,980.00 FREIGHT 320-1970 38.90 SALES TAX 320-1970 936.98 10 WORKSTATION COMPUTERS 320-1970 8,720.00 10 KEYBOARDS 320-1970 230.00 10 INTELLINOUSES 320-1970 160.00 10 SAMSUNG 750B MONITORS 320-1970 2,980.00 FREIGHT 320-1970 38,90 SALES TAX 320-1970 936.98 10 - PC WORKSTATION 320-1970 8,720.00 10 - ELITE KEYBOARD 320-1970 230.00 10 - INTELLIMOUSE PS/2 320-1970 160.00 10 - SAMSUNG SYNCMASTR MONITOR 320-1970 2,980.00 FREIGHT 320-1970 38.90 SALES TAX 320-1970 936.98 AUG PLAN CHECK SERVICES 001-162-999~5248 7,584,37 39,197.64 7,584.37 58708 11/09/99 003815 58708 11/09/99 003815 58709 11/09/99 002695 58710 11/09/99 003631 GFB FRIEDRICH & ASSOCIA GFB FRIEDRICH & ASSOCIA J A S PACIFIC CONSULTIN KLEINFELDER INC SEP PROF.SVCS:MARG.RD.IMPROVE SEP PROF.SVCS:MARG.RD.IMPROVE SEP:BLDG INSPEC:CLARK/RODECKER MATERIALS TEST/INSPECTION:OVRL 210-165-706-5802 28,809.51 210-165-713-5802 2,732.48 31,541.99 001-162-999-5118 9~628.00 9,628.00 210-165-604-5801 14,178.00 14,178.00 58711 11/09/99 000437 58711 11/09/99 000437 58711 11/09/99 000437 58711 11/09/99 000437 MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES OCT SVCS: ANNUAL AUDIT - CITY OCT SVCS:ANNUAL AUDIT - SINGLE OCT SVCS: ANNUAL AUDIT:LOW/HOD OCT SVCS: ANNUAL AUDIT - RDA 001-140-999'5248 6,420.00 001-140-999-5248 750.00 165-199-999-5248 1,025.00 280-199-999-5248 1,025.00 9,220.00 58712 11/09/99 003218 PELA SEPT PLAN CHECK SVCS:PLANNING 001-161-999-5250 6,730.00 6,730.00 58713 11/09/99 002498 58714 11/09/99 000955 58715 11/09/99 000406 58716 11/09/99 002181 58716 11/09/99 002181 PETRA GEOTECHNICAL INC RIVERSIDE CO SHERIFF BI RIVERSIDE CO SHERIFFS D RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION PRF,SVC:RC RAMP IMPR:9512/9808 PATROL SVCS:TEM.TRACTOR RACE AUG 99 BOOKING FEES SEP PRGS PMT#7:WINCH/YNEZ:9706 SEP PRGS PMT#7:WINCH/YNEZ:9706 210-165-605-5804 6,833.75 001-170-999-5370 8~929.32 001-170-999-5273 11,923.20 210-165-683-5804 5,775.10 210-165-683-5804 11,974.90 6,833.75 8,929.32 11,923.20 VOUCHRE2 10/28/99 VOUCHER/ CHECK NUMBER 58716 58716 58716 58716 58717 58717 58718 58719 16:33 CHECK DATE 11/09/99 11/09/99 11/09/99 11/09/99 11/09/99 11/09/99 11/09/99 11/09/99 VENDOR NUMBER 002181 002181 002181 002181 003828 003828 000332 003730 VENDOR NAME RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION TANGRAM INTERIORS TANGRAM INTERIORS VANDORPE CHQU ASSOCIATE WEST COAST ARBORISTS IN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SEP C/O PMT#7:WINCH/YNEZ:97-06 RET.W/H PMT#7:WINCH/YNEZ:97o06 SEP PRGS PMT#1:I15 AUX.LN:9808 RET.W/H PMT#1:I15 AUX.LN:98-08 FURNITURE FOR MAINT FACILITY SALES TAX SEPT PLAN CHECK SERVICES CITYWIDE TREE TRIMMING MAINT. ACCOUNT NUMBER 210-165-683-5804 210-2035 210-165-605-5804 210-2035 210-190-158-5804 210-190-158-5804 001-162-999-5248 001-164~601-5402 ITEM AMOUNT 11,152.50 2,890.25- 317,915.51 31,791.55- 60,980.59 4,726.00 5,234.76 11,079.00 PAGE 2 CHECK AMOUNT 312,136.21 65,706.59 5,234.76 11,079.00 TOTAL CHECKS 573,346.33 ITEM 4 DIRECTOR OF FIN CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance November 9, 1999 City Treasurer's Report as of September 30, 1999 PREPARED BY: William B. Pattison, Senior Accountant/~. RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of September 30, 1999. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of September 30, 1999. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of September 30, 1999 2. Schedule of Assets, Liabilities, and Fund Equity as of September 30, 1999 3. Fund Equity Detail by Fund as of September 30, 1999 City of Temtcula City Treaturer's Report A~ of September30, 1999 Cash Activity for the Month of September Cash and Inv=slnlonts as of Stq)tenlber 1, 1999 Cash Reocipts Cash Disb~onts Cash ~ Inv0sllnont~ as of Soptmnb~ 30, 51,204,846 4,596,009 (6,466,277) 49,334,578 Cash and Investments Portfolio: Maturity/ Contraotual/ Termination Market Type of Investment Imtitution Yield Date Valu~ Petty Cash City Hall n/o $ 1,500 General Checking Union Bank n/a (111,439) Sweep Ac, c~unt Union Bank 4.440 % 684,988 (Money Market A~oount) (Highmark U.S. Treasury) Beno~t D~mmd Deposits Union Bank n/a 3,618 Local Ag~noy Investment Fund State Treasurer 5.274 % 39,028,188 Certi~oate of Deposit Community Bank 3.200 % 253,835 (Retentio~ F.~row) Savings Acoount Union Bank 4.880 % 227,881 (Retention E~row) Various U.S. Bank Various 224,672 (R~tention E~row) Chcoking Aooount Union Bank n/a 4,773 (Parking Citations) Trust Aocounts- Measure A U.S. Bank (Pint Am. Treasury) 4.430 % 152 (Money Market Acoount) Trust Aooounta- CFD 88-12 U.S. Bank (First Am. Treasury) 4.430 % 3,252,706 (Money Market Aee, ount) Regrvc Aoootmt- CFD 88-12 CDC Ftmding Corp 5.430 % 9/1/2017 1,531,469 (Investment Ageement) Delinq. Main. Resetv~ Aee, ount - CFD 88-12 CDC Funding Corp 5.422 % 9/1/2017 500,000 (Investment Agreeanent) Trust Aooom~ta- CFD 98-1 U.S. Bank (First Am. Treasury) 4.430 % 54,177 (Money Market Ace, ount) Regrvc Aooount- CFD 98-1 State Treasurer 5.274 % 929,000 (Looal Ag=noy Investment Fund) Trust Aoeouat,-TCSD COPs U.S. Bank (First Am. Treasmy) 4.430 % 349,985 (Marcy Market A~eount) R~servc Ae~ount-TCSD COPs Bayerisoho Landesbank 6.870 % 10/1/2012 502,690 (Investment Agreement) Trust Aooounts-RDA Bonds U.S. Bank (First Am. Treasury) 4.430 % 447,463 (Money Market A~oount) Reserve Act, ount-RDA Bonds Bayeris~hc hadesbank 7.400 % 2/1/2013 1,448,920 (Investment Agreement) Par/Book Balance 1,500 (111,439) (1) 684,988 3,618 (1) 39,028,188 (2) 253,835 227,881 224,672 4,773 152 3,252,706 1,531,469 500,000 54,177 929,000 349,985 502,690 447,463 1,448,920 49,334,578 (1)-This amount is net of outstanding ohocks. (2)-At S~tember 30, 1999 total market value (including aooru=d interest) for the Local Agonoy Investment Fund (LA1F) was $34,904,099,507. The City's propo~ionate shar~ of that valu~ is $38,973,804. All investment~ are liquid and currently available. The City of Temeouh's portfolio is in compliance with tho inv~tment policy. Adequate funds will be available to meet budgeted sad actual expenditures of the City of Temeoula for the next sk months. City of Temecula Schedule of Assets, Liabilities, and Fund Bdancm As of September30, 1999 city (1) Cash and investments $ 32,177,365 Receivables 5,784,141 Due flora other funds 57,197 Land held for resale 530,401 Pt~-paid asgts 87,189 Deposits 506,850 Fixed assets-net 1,181,005 Total assets $ 40,324,148 Serviccs District Rcdcvclopmcnt Agency Community Facilitim Dim. i~ (2) 1,511,095 $ 9,307,945 $ 6,338,173 1,536 2,027,071 54 17,770 362,064 83 1 2,103,053 $ 13,800,133 $ 1,530,401 1,124,300 $ 7,463358 Total 49,334,578 7,812,802 437,862 2,633,454 87,189 1,631,150 1,181,005 63,118,040 Liabilities and fund equity: Liabilities: Du~ to other funds $ 74,967 Othes liabilities 9,214,735 Defaved revenue 249,972 152,500 362,064 295,814 804,570 $ 831 3,139,323 $ 437,862 1~802~72 1,054,542 Total liabilities 9,539,674 152,500 1,462,448 3,140, 154 14,294,776 Fund equity: Contributed apital 1,281,781 Retained caruings 446,861 Fund balances: Regrvcd (3) 11,920,586 Designated (3) 13,73g,955 Undesignated 3,396,291 1,176,682 266,721 (65,502) 1,377,901 1,530,401 $ Total fund equity 30,784,474 9,463,789 2,873,896 12,337,685 13,800,133 Total liabilities and fund equity 1,132,300 3,191,654 4,323,954 7,464,108 $ 40,324,148 $ 1,281,781 44~861 23,693,357 20,071,226 3,330,789 48,824,014 $ 63,118,790 (1) Includes Crcneral Fund, C]P Fund, Gas Tax Fund, and other special revenue fun&. (2) Includes CFD 88-12 (Yncz Corridor) and CFD 98-1 (Winchester Hills). (3) Reservations and designations of fund balance arc detailed on thc following pages. ITEM 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance~ November 9, 1999 Liability Insurance Renewal PREPARED BY: Gus Papagolos, Senior Management Analyst,~:(/" RECOMMENDATION: That the City Council approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West, in the amount of $81,650 for general liability and automobile physical damage insurance for the period of December 1, 1999, through December 1, 2000. DISCUSSION: In preparation of the City's Liability Insurance Policy with Insurance Company of the West (ICW) expiring on December 1, 1999, staff requested that the City's liability insurance broker, CaI-Surance, market the City for liability and auto physical damage insurance. In response to this request, CaI-Surance obtained four proposals from the following companies in the amounts listed below: Insurance Company of the West General Liability/Auto Physical Damage Royal Indemnity Company General Liability/Auto Physical Damage USF&G Insurance Company General Liability/Auto Physical Damage Genesis Insurance Company General Liability/Auto Physical Damage (Does not meet coverage requirements) $ 81,650 $ 87,011 $115,000 $ 85,850 (Minimum) ICW, the City's current insurance carrier, provided the most competitive proposal. ICW has an "A" rating and is an admitted carrier with a financial size category of VIII. This proposal by ICW is for coverage of $20 million per occurrence and $24 million aggregate for a fixed premium of $81,650, which is $3,362 higher than last years premium. This proposal covers the entire year, regardless of changes in the City's operating status. Considering the City's increasing exposure associated with growth, increased activities, and an expanded vehicle pool, staff recommends that the City accept ICW's proposal. Royal Indemnity Insurance Company has provided the second most competitive proposal with a fixed premium including general liability/physical damage coverage. Royal Indemnity Insurance Company provided a proposal of $87,011 for coverage for the entire year regardless of changes in the City's operating status. However, this proposal is $5,361 more than the ICW proposal. USF&G Insurance Company was the third most competitive proposal but the annual liability premium cost of $115,000 is substantially more than the ICW proposal. Genesis Insurance Company provided a proposal of $85,850, however this proposal was not considered as it failed to meet the basic requirements of the coverage limits and self-insured retention level. Based on the information provided herein, staff recommends that the City renew liability and automobile physical damage coverage with ICW, for coverage, from December 1, 1999, through December 1, 2000, for an annual premium of $81,650. FISCAL IMPACT: Adequate funds have been budgeted and are available in Insurance Fund Account 300-199-999-5200 for the general liability and automobile damage premium. Attachment: Insurance Company of the West Proposal INSURANCE COMPANY OF THE WEST PROPOSAL TERM: December 1, 1999 - December 1, 2000 FORMAT: Occurrence NAMED INSURED: City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Winchester Hills Financing Authority Temecula Public Facilities Financing Corporation Option II SELF-INSURED RETENTION (SIR): $50,000 TOTAL LIMITS/COVERAGE MUNICIPAL GENERAL LIABILITY OVER SIR $20,000,000 Occurrence/S24,000,000 Aggregate PUBLIC OFFICIAL'S ERRORS & OMISSIONS OVER SIR $20,000,000 Occurrence/Aggregate MUNICIPAL AUTOMOBILE LIABILITY OVER SIR $20,000,000 Occurrence/No Aggregate TOTAL LIABILITY INSURANCE COST TOTAL AUTOMOBILE PHYSICAL DAMAGE ENDORSEMENT TOTAL COMBINED ANNUAL PREMIUM COST INCLUDED INCLUDED INCLUDED $ 72,750 $ 8,900 $ 81,650 NOTE: The above quote includes the combined totals for Primary and Excess Limits Coverage ITEM 6 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEFiYN ~ OF DIRECTOR AN CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager November 9, 1999 Extension of The Prohibition on Consumption of Alcoholic Beverages To Bridlevale Homeowner's Association Property Pursuant to Temecula Municipal Code Section 9.14.030 PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council consider adopting the following resolution: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE PROHIBITION ON CONSUMPTION OF ALCOHOLIC BEVERAGES TO BRIDLEVALE HOMEOWNER'S ASSOCIATION PROPERTY PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 9.14.030 BACKGROUND: Chapter 9.14 of the Temecula Municipal Code generally prohibits the consumption of alcoholic beverages in public places. Section 9.14.030 specifically permits the City Council to extend this prohibition to the common areas of a homeowner's association property upon request of the association and the posting of designated signs. The City has received a duly authorized written request from the Board of Directors of the Bridlevale Homeowner's Association requesting the Council to extend the prohibition of consumption of alcoholic beverages to the Association's common areas. A similar request and resolution was passed in September, 1998 for the Chardonnay Hills Homeowner's Association. The Ordinance would not be enforced on Bridlevale Homeowner's Association property until such time as signs were posted and maintained, at the sole expense of the Association, according to the following standards: a. The signs shall contain a notice in substantially the following form: "Drinking of liquors, beers, wine or other intoxicating beverages on this property, including greenbelt areas, common walkways, and common driveways, is prohibited by Chapter 9.14 of the Temecula Municipal Code and violators are subject to criminal prosecution which could result in imprisonment and a fine." b. The signs shall be posted at each entrance to the community recreation center and in common areas of the Bridlevale Homeowner's Association property. c. The signs shall be not less than eighteen (18) inches by twenty (20) inches, with letters no less than one (1) inch in height. d. The signs shall have a white background with black lettering. Violations of the Ordinance would be handled through either criminal or administrative citations issued by the Sheriff's Office. FISCAL IMPACT: The only costs to the City would be the costs of prosecution of violations of Section 9.14.030 if the violations were processed criminally rather than administratively. Attachments: 1. Resolution 99- 2. Chapter 9.14 of Temecula Municipal Code 3. Letter from Bridlevale Homeowner's Association RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE PROHIBITION ON CONSUMPTION OF ALCOHOLIC BEVERAGES TO BRIDLEVALE HOMEOWNER'S ASSOCIATION PROPERTY PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 9.14.030 THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and a. Chapter 9.14 of the Temecula Municipal Code generally prohibits the consumption of alcoholic beverages in public places. Section 9.14.030 specifically permits the City Council to extend this prohibition to the common areas of a homeowner's association property upon request of the association and the posting of designated signs. b. The City has received a duly authorized wdtten request from the Board of Directors of the Bridlevale Homeowner's Association requesting the Council to extend the prohibition of consumption of alcoholic beverages to the Association's common areas. c. The extension of the prohibition of consumption of alcoholic beverages to the common areas of the Bridelvale Homeowner's Association will enhance the health, safety and general welfare of the community. Section 2. The terms of Section 9.14.030 are hereby extended to the common areas of the Bridlevale Homeowner's Association and, therefore, pursuant to Section 94.030, no person shall drink any beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverages within the common areas of the Bridlevale Homeowner's Association. The Bridlevale Homeowner's Association shall post and maintain, at the Association's sole cost and expense, the signs required by Section 9.14.030(b) subject to the following requirements: a. The signs shall contain a notice in substantially the following form: "Drinking of liquors, beers, wine or other intoxicating beverages on this property, including greenbelt areas, common walkways, and common driveways, in prohibited by Chapter 9.14 of the Temecula Municipal Code and violators are subject to criminal prosecution which could result in imprisonment and a fine." b. The signs shall be posted at each entrance to the community recreation center and at the other entrances to the common areas. c. The signs shall be not less than eighteen (18) inches by twenty (20) inches, with letters no less than one (1) inch in height. d. The signs shall have a white background with black lettering. e. The City Manager shall be authorized to modify the sign requirements of Resos 98-89 '1 subsections b. through d. of this section as needed to effectively implement the terms of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 9th day of November, 1999. ATTEST: Steven J. Ford, Mayor Susan Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 9th day of November, 1999, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan Jones, CMC/AAE City Clerk Resos 98-89 2 9.14.010 Chapter 9.14 CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES PROHIBITED IN CERTAIN PUBLIC PLACES 9.14.010 9.14.020 9.14.02 Consumption of alcoholic beverages in public prohibited. Possession of open containers of alcoholic beverages in public places prohibited. Consumption of alcoholic beverages on homeowner association properties prohibited. 9.14.010 Consumption of alcoholic beverages in public prohibited. The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage shall be prohibited at the following loca- tions, unless specffically permitted by the prior written approval of the city: A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access and areas accessible to the public of nonresidential prop. erty except on the premises of a commercial estab- lishment holding a valid on-sale license or permit from the California Department of Alcoholic Bever- age Control; or C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency. (Ord. 99- 05 § 1: Ord. 99-04 § 1: Ord. 97-07 § 1(part)) ing beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed, at the following locations, unless specifically permitted by the prior written approval of the city: A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access, and areas accessible to the public of nonresidential prop- erty except on the premises of a commercial estab- lishment holding a valid on-sale license or permit from the California Department of Alcoholic Bever- age Control; or C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency. (Ord. 99- 05 § 2: Ord. 99-04 § 2: Ord. 97-07 § l(part)) 9.14.030 Consumption of alcoholic beverages on homeowner association properties prohibited. No person shall drink any beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, upon property, including greenbelt areas, common walkways and common driveways, owned or controlled by a homeowner's association where: A. The homeowner's association has requested in writing that the city extend its drinking prohibi- tion upon the homeowner's association property and the city council has adopted a resolution approving such request; and B. The horneowner's association has posted on the property a notice in substantially the following form: 9.14.020 Possession of open containers of alcoholic beverages in public places prohibited. No person shall have in his or her possession, with intent to consume any part of the contents thereof, any bottle, can or other receptacle contain- Drinking of liquors, been, wine or other intoxi- cating beverages on this property, including greenbelt areas, common walkways, and common driveways, in prohibited by Chapter 9.14 of the Temecula Municipal Cede and violators are sub- 158-7 (Teme~ula 5-99) 9.14.030 ject to criminal prosecution which could result in imprisonment and a free. (Ord. 97-07 § 1 (part)) cr~ s-~> 158-8 0ct-11-99 F-30T 03:25pm From-AVALON MANAGEliNT 9092440520 T-891 P.01/02 ,,,-- ,,, ,,,...... ..................., ..... ~ "Excellence in Association Management" 3 l fi08 Bz'lmad Canyon Road, Canyon Lake., CalifOrnia 92587 · (909) 244--C048 Fax (909) 244-0520 * Ernail: hCr~av~lOrl 1 .COIII October 11, 1999 Via Facsimile 694-6499 C1TY MANAGER - SHAVJIq NELSON CiTY OF TEMECULA P.O. BOX 9033 TEMECLLA, CA. 92589-9033 Re: Bridlevale Homeowners Association Alcohol Consumption on Assodadon Property Community Recreation Center- 31589 Loma Iinda Road Dear Mr. Nelson: The Bridlevale Homeowners' Assodation Board of Directors is anxiously awaiting a reply to our letter dated August 4, 1999. I have enclosed said letter for your re{erence. Please respond in some way to our request. We understand that this issue will need to be placed on a future agenda. Do you have an approximate month in which this will take place? ilson,~~S~ ~ As Agent for the Board of Directors Bridlevale HOA Enclosures cc: Gary Thornhill Pete Labahn Rebecca would like someone to call her. She wants to give some information to the Homeowners Wednesday night. Her number is: 244-0048 ..: THE A VALON MANAGEMENT GROUP, INC. · : ,:?,,z .,,. ,~7~,:,"Excellence in Association Management" 31608 Railroad Canyon Road, Canyon Lake, California 92587 · (909) 244-0048 Fax (909) 244-0520 · Email: hoa~ava]on 1. corn August 4, 1999 CITY MANAGER -- RON BRADLEY CITY OF TEMECULA P.O. BOX 9033 TEMECULA, CA. 92589-9033 Re: Bridlevale HOA Alcohol Consumption on Association Property Community Recreation Center - 31589 Loma Linda Road Dear Mr. Bradley: As managing agent for Bridlevale Homeowners Association, the Board of Directors has requested that I write you this letter. Bridlevale Homeowners Association has experienced an influx of alcohol consumption at the community recreation center and adjoining common areas. Bridlevale Homeowners Association Rules and Regulations prohibit the consumption of alcohol on common areas. However, as said property is privately owned by the Association, and the police do not have formal jurisdiction over such; we are respectfully requesting that the City Council adopt a resolution approving City Ordinance 9.14.030 which will lega//y prohibit alcohol consumption on Bridlevale common area property. Bridlevale Homeowners Association will install sign-age clearly posted at each entrance to the community recreation center and the surrounding common areas. We will use the same sign-age requirements as was previously suggested by the City Attorney when the resolution was adopted for Chardonnay Hills, which I also manage. Please inform us as to when our request will be placed on the City's agenda. We wil] make sure a representative from Bridlevale attends the meeting. We thank you in advance for considering our request. We look forward to hearing from you. Sincerely, Rebecca Wilson, AMS As Agent for the Board of Directors Chardonnay Hills HOA Enclosure 0ct-11-99 F-30~ 03:25pm F rom-AVALON MANAGEkENT 909Z440520 T-891 P. OZ/OZ ~ "Excellence in Association Management" 3 ~6as r,~o~ c~yo. ~ c~yo~ ~ ~, c.~o~i. 92ss7 -(~0~) 244-0048 r~, (gq 244-0sa0 · ~ hoa6~avalonl.com August 4, 1999 CITY MANAGER -- RON BRADLEY C1TY OF TEMECULA P.O. BOX 9033 TEMECULA, CA. 92589-9033 Bridlevale HOA Alcohol Consumption on Association Property Community Recreation Center - 31589 Loma Linda Road Dear Mr. Bradley: As managing agent for Bridlevale Homeowners Association, the Board of Directors has requested that I write you this letter. Bridlevale Homeowners Association has experienced an influx of alcohol consumption at the community recreation center and adjoining common areas. Bridlevale Homeowners Association Rules and Regularions prohibk the consumption of alcohol on common areas. However, as said property is privately owned by the Assodation, and the police do not have formal jurisdiction over such; we are respectfully requesting that the City Council adopt a resolution approving City Ordinance 9.14.030 which will l{}d/y prohil3it alcohol consumption on Bridlevale common area property. Bridlevale Homeowners Assodation will install sign-age dearly posted at each entrance to the community recreation center and the surrounding common areas. We will use the same sign-age requirements as was previously suggested by the City Attorney when the resolution was adopted for Chardo/may Iqi!!~, which I also manage. Hease inform us as to when our request will be placed on the City's agenda. We will make sure a representative from Bridlevale attends the meeting. We thank you in advance for considering our request. We look forward to hearing from you. Sincerely, Rebecca Wilson, AMS As Agent for the Board of Directors Chardonnay Hills HOA ITEM 7 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Jim O'Grady, Assistant City M ag~Ar aR November 9, 1999 Agreement Affecting Real Property 28820 Single Oak Drive, Temecula, Providing for Deferral of Development Impact Fee RECOMMENDATION: That the City Council approve an agreement with Chemicon Intemational, Inc. that provides for the deferral of Development Impact Fees over a five year pedod. BACKGROUND: Chemicon International, Inc. is a manufacturing firm that produces living cells, which are used in a vadety of medical applications. The firm is currently housed in a 30,000 square foot facility at 28835 Single Oak Ddve in Temecula. Chemicon is currently in the process of constructing a new 85,000 square foot facility at 28820 Single Oak Ddve as part of a corporate expansion. Chemicon employs approximately 95 persons in a variety of skilled and highly skilled positions. As with other commercial/industrial projects, this expansion requires the payment of development impact fees to provide street improvements, traffic signals, public facilities, and fire facilities. These fees amount to $61,240 for this project. In an effort to assist this firm in its expansion, Council had previously approved in concept deferral of the Development Impact Fees over a five-year period. The attached agreement provides for this deferral along the lines previously discussed. This agreement provides: Payment of the fees over a five-year pedod. Ten percent (10%) is due and payable prior to issuance of a Temporary Certificate of Occupancy. Additional 10% payments are due and payable each year over the next four years. The remaining 50% is due and payable within 5 years of issuance of the Temporary Certificate of Occupancy. · There is no interest associated with this deferral. · Secudtv is provided through a Tempomr,/(rather than Permanent) Certificate of Occupancy, as well as a lien on the DroDertY. The Temporary Certificate of Occupancy would revert to a p:~citymgr\ogrady\Council Report, Chemicon Agreement - Nov 9, 11999 permanent Certificate of Occupancy upon final payment. In addition, the obligation would create a lien on the property. This lien would be subordinate to the project's financing so, as not to interfere with the projecrs permanent financing which is not yet in place. The company must continuously produce and distribute biomedical I~roducts and employ not less than 95 persons over the five-year deferral period. FISCAL IMPACT: Approval of this agreement would result in a loss of interest earnings, estimated at approximately $3,000 per year for the next five years. However, this loss of interest earnings would be more than offset by increased property and sales taxes associated with this corporate expansion. Attachment: Proposed Agreement p:~citymgr\ogrady\Council Report, Chemicon Agreement - Nov 9, 1;999 Recorded at the Request of, and When Recorded Return to: City Clerk City of Temecula Post Office Box 1033 Temecula, Ca. 92589-1033 Exempt from Recording Fees Pursuant to Government Code Section 6103 and 27383 AGREEMENT AFFECTING REAL PROPERTY AT 28820 SINGLE OAK DRIVE, TEMECULA, PROVIDING FOR DEFERRAL OF PAYMENT OF DEVELOPMENT IMPACT FEE THIS AGREEMENT is made and entered into as of November 9, 1999 by and between the City of Temecula, a municipal corporation ("City") and Chemicon International, Inc., a California corporation ("Owner"). In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties acknowledge and agree to be true and correct: a. Owner is the owner of real property located at 28820 Single Oak Drive, Temecula Ca., which is legally described on Exhibit A, attached hereto and incorporated herein as though set forth in full ("Property"). Owner warrants and represents to the City that it holds title to the Property as described in the second line of this Agreement and that no other persons, except for holders of deeds of trust, hold an ownership interest in the Property. b. On April 21, 1999, City approved Planning Application No. PA99-0044 for an 85,056 square foot office, warehouse and manufacturing building on the Property (the "Project"). c. Chapter 15.06 of the Temecula Municipal Code requires persons obtaining building permits for commercial construction to pay a development impact fee established by the City Council. The development impact fee required by Chapter 15.06 for the Project is sixty one thousand fifteen dollars ($61,015.00) (the "DIF Obligation '). d. Owner's development of the Project will provide significant financial and economic benefits to the City. The expansion of its business will enhance 10/29/99 1481151 the area in which it is located and the general welfare of the community by creating additional employment opportunities and additional sources of tax revenue. The jobs created by the expansion of the Owner's business are high paying jobs with a high multiplier of economic benefits. e. City and Owner agreed to a deferral of the development impact fees required for the Property in accordance with the schedule set forth in this Agreement. 2. Owner agrees to pay to the City the DIF Obligation in full, without interest, on or before five (5) years from the date of issuance of the Temporary Certificate of Occupancy for the Project in accordance with the following schedule: a. Ten percent (10%) of the DIF Obligation shall be due and payable to the City prior to the issuance of the Temporary Certificate of Occupancy for the Project. b. Ten percent (10%) of the DIF Obligation shall be due and payable to the City within one (1) year of the issuance of the Temporary Certificate of Occupancy for the Project. c. Ten percent (10%) of the DIF Obligation shall be due and payable to the City within two (2) years of the issuance of the Temporary Certificate of Occupancy for the Project. d. Ten percent (10%) of the DIF Obligation shall be due and payable to the City within three (3) years of the issuance of the Temporary Certificate of Occupancy for the Project. e. Ten percent (10%) of the DIF Obligation shall be due and payable to the City within four (4) years of the issuance of the Temporary Certificate of Occupancy for the Project. f. The remaining fifty percent (50%) of the DIF Obligation shall be due and payable to the City within five (5) years of the issuance of the Temporary Certificate of Occupancy for the Project. 3. As a condition of receiving the deferral of the payment of the DIF Obligation Owner agrees to: a. Within thirty (30) days of issuance of a building permit by the City, Owner will commence construction of the Project and thereafter diligently proceed with construction until completed in accordance with a commercially reasonable construction schedule. 10/29/99 14811~1 - 2 - b. Operate the facility on the Property to produce and distribute biomedical products for a minimum of five (5) years from the date of issuance of the Temporary Certificate of Occupancy. c. Continuously employ not less than ninety five (95) full-time employees at the facility on the Property until such time as the DIF Obligation has been paid in full. 4. Owner agrees that full payment of the DIF Obligation is a condition precedent to the issuance of a certificate of occupancy for the development on the Property. Therefore, Owner acknowledges and agrees that until such time as the DIF Obligation is paid in full, occupancy for the Property shall be governed by a Temporary Certificate of Occupancy with a term of one year, which shall be issued in accordance with the requirements of the Temecula Municipal Code. If each scheduled payment is made pursuant to this Agreement, then the Temporary Certificate of Occupancy shall be issued for an additional year during the term of this Agreement until the DIF Obligation is paid in full. In the event the DIF Obligation is paid in full in accordance with this Agreement the City shall issue the Certificate of Occupancy for the Property. If the scheduled payments for the DIF Obligation, are not made in accordance with the terms of this Agreement or the Owner is otherwise in breach of the terms of this Agreement, the Temporary Certificate of Occupancy shall expire and the City may exercise such remedies as are legally available for failure to obtain a certificate of occupancy, in addition to the remedies set forth in this Agreement. The expiration date of the Temporary Certificate of Occupancy for the Property may be extended by the City Manager without amendment of this Agreement. 5. The DIF Obligation shall constitute a lien on the Property and Owner agrees to execute a deed of trust in substantially the form attached hereto as Exhibit B. This lien shall be subordinate to the liens securing construction and permanent financing for development of the Property. The City Manager is hereby authorized to enter into a subordination agreement with such lenders to implement this section. 6. In addition to the remedies described in Section 4., City shall be entitled to exercise all available legal and equitable remedies for the collection of the DIF Obligation, with interest. Owner shall not be deemed in breach of this Agreement until the City has provided Owner with ten (10) calendar days written notice of the breach and Owner has not fully corrected the breach within said ten (10) day period. 7. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of the City in carrying out its statutory and legal responsibilities under the planning and zoning laws of the State of California, the General Plan of the City of Temecula and the ordinances and regulations of the City of Temecula. The covenants contained in this Agreement shall be binding upon the Owner and its successors and assigns and shall benefit the City and its successors and assigns. Such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is 10/29/99 1481151 ' 3 ' or remains an owner of any land or interest therein to which such covenants relate. The City, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach and to revoke or modify the land use entitlements for the Project in accordance with law. The covenants contained in this Agreement shall be for the benefit of the City and shall be enforceable only by the City and its successors and assigns. 9. The Owner shall defend, indemnify, assume all responsibility for and hold the City and its elected and appointed officers and employees, harmless from all costs (including attorneys' fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the Owner's activities under this Agreement or on the Property, whether such activities or performance thereof be by the Owner or anyone directly or indirectly employed or contracted with by the Owner and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et seq.], the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et seq.] and California Health and Safety Code Section Code Section 25280 et seq. at any place where Owner owns or has control of real property pursuant to any of Owner's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify City from liability. 10. The terms of this Agreement shall be incorporated into any conditions, covenants and restrictions or similar documents for the Property filed after the date of this Agreement. 11. 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 party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Post Office Box 1033 Temecula, California 92589-1033 Attention: City Manager 10/29/99 1481151 - 4 - To Owner: Chemicon Inc.' 28820 Single Oak Drive Temecula, Ca. 92589 Attention: President 12. 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. This Agreement may not be altered or amended except by writing executed between the parties to be charged. 13. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to any other relief to which it may be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees. 14. Time is of the essence hereof. 15. No waiver by City of any breach of or default under this Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder. 16. This Agreement and all related documents shall be deemed to be contracts made and delivered in the State of California and shall be governed and construed and interpreted in accordance with the laws of said State. 10/29/99 1481151 ' 5 ' IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first written above. CITY OF TEMECULA Attest Steven J. Ford Mayor Susan Jones, CMC City Clerk Approved as to Form: Peter M. Thorson City Attorney OWNER CHEMICON, INC., a California corporation By: Name: Title: By: Name: Title: - 6 - EXHIBIT A LEGAL DESCRIPTION Parcel 13 of Parcel Map No. 19580-1, in the City of Temecula, County of Riverside, State of California, per map filed November 1, 1984, in Book 125 of Parcel Maps, at Pages 1 through 6, Inclusive, Records of Riverside County, California. - 7 - EXHIBIT B FORM OF DEED OF TRUST - 8 - ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1999, before me, , personally [] [] personally known to me -OR- 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instmmem. Witness my hand and official seal. SIGNATURE OF NOTARY [1 [1 INDIVIDUAL(S) OFFICER(S) (TITLE[S]): CAPACITY CLAIMED BY SIGNER [1 [1 [1 [1 [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) CHAIRPERSON/MAYOR OTHER: SIGNER IS REPRESENTING: ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On appeared , 1999, before me, , personally [1 [1 personally known to me -OR- 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/her/their 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. SIGNATURE OF NOTARY [1 [1 INDIVIDUAL(S) OFFICER(S) (TITLE[S]): CAPACITY CLAIMED BY SIGNER [] [1 [] [1 [1 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) CHAIRPERSON/MAYOR OTHER: SIGNER IS REPRESENTING: - lo - WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, Ca. 92590-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION DEED OF TRUST WITH ASSIGNMENT OF RENTS This DEED OF TRUST, made November 16, 1999, between Chemicon International, Inc., a California corporation, herein called TRUSTOR, whose address is 28820 Single Oak Drive, Temecula, Ca. 92589 FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and the City of Temecula, herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of Temecula, County of Riverside, State of California, described as Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of sixty-one thousand fifteen dollars and no cents (~55,637.00) with interest thereon payable to the Beneficiary according to the terms of that certain agreement dated as of September 28, 1999 entitled "Agreement Affecting Real Property at 28820 Single Oak Drive, Temecula, Providing for Deferral of Payment of Development Impact Fee," made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: 10/28/99 1481154 0 COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Venturn 2607 237 'Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. } STATE OF CALIFORNIA }ss COUNTY OF } Signature of Trustor Chemicon International, Inc., a California corporation Name: Title: On before me, personally appeared personally known to me (or proved tome on the basis of sails- factory 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/her/their 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. Signature Name: Title: (CONTINUED ON NEXT PAGE) 1265 (1/94) 10/28/99 1481154 0 Page2of4 (This area for official notarial seal) (CONTINUED ON NEXT PAGE) 1265 (1/94) 10/28/99 1481154 0 Page 3 of 4 DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: 1 ) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. 4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. 5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: 1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. 4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." 5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any 3erson, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. (CONTINUED ON NEXT PAGE) 1265 (1/94) 10/28/99 1481254 0 Page4of4 After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. 8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE: The undersigned is the legal owner and holder of the note or notes and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do Not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. t~ UJ 1265 (1/94) 10/28/99 1481154 0 Page 5 of 4 ITEM 8 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council /)J-/~illiam G. Hughes, Director of Public Works/City Engineer November 9, 1999 SUBJECT: Release Faithful Performance Warranty and Labor and Materials securities in Tract No.23371-1 (Northwesterly of intersection of Rancho California Road at Meadows Parkway) PREPARED BY: g Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: AUTHORIZE release of the Faithful Performance Warranty and Labor and Materials securities for Public Improvements for the intedor streets in Tract No. 23371-1. 2. DIRECT the City Clerk to so notify the developer and the surety. BACKGROUND: The City Council received and filed the map for Tract No. 23371-1 on March 27, 1990. Subdivision Agreements and Surety Bonds were posted with the Clerk of the Board of Supervisors by: Margarita Village Development Company Bonds were posted by Insurance Company of the West as follows: Faithful Performance Bond No. 115 17 72 in the amounts of $995,000 for street improvements, $345,500 for water system improvements, and $119,000 for sewer system improvements. Labor and Materials Bond No. 115 17 72 in the amounts of $497,500 for street improvements, $171,750 for water system improvements, and $59,500 for sewer system improvements. Subdivision Monument Bond No. 115 17 71 in the amount of $21,000 to cover subdivision monumentation. On November 27, 1990, the City Council accepted substitute bonds posted by Allied Mutual Insurance Company providing the same coverage in scope and amount. On May 12, 1992, the City Council approved a standard Subdivision Improvement Agreement which replaced the County format agreements and extended the contract completion date to March 27, 1993. R:~GDRPT~99\1109\TR233711 fin On December 19, 1995, the City Council authorized the Director of Public Works and City Attorney to have released certain surety bonds relating to a change in ownership in the Margarita Village project resolved through Bankruptcy Court proceedings. Included in this release were several bonds in Tract 23371-1. Subsequent to City Council authorization for release, the development was sold to: McMillin Project Services, Inc. 2727 Hoover Avenue National City, CA 91950 The change in nature of the project to be constructed (initially private streets for Senior Citizen mull- unit housing to public streets for single-family detached housing) required some adjustment to the construction quantities resulted in increased bonding requirements. Deletion of work on proposed Royal Birkdale Drive and on Meadows Parkway reflected reductions in overall quantities. On December 10, 1996, the City Council approved the replacement Subdivision Improvement Agreement, and accepted the following securities as posted by the Insurance Company of the West: Faithful Performance Bond No. 149 11 50 in the amount of $1,900,000 for street, drainage, water, and sewer improvements for interior streets. Labor and Materials Bond No. 149 11 50 in the amount of $950,000 for street, drainage. Water, and sewer improvements for interior streets. Subdivision Monument Bond No, 149 23 51 in the amount of $21,000 for subdivision monumentation. On October 13, 1998, the City Council accepted the interior-street public improvements, initiated the one-year warranty period, and authorized reduction in Faithful Performance security to the ten- percent (10%) warranty amount as follows: Bond No. 149 11 50 in the amount of $190,000 for street, drainage, water, and sewer improvements for Faithful Performance Warranty. The one-year warranty period having expired, Public Works Staff has reviewed and inspected the public improvements, and all required repairs/replacements have been satisfactorily completed. Therefore Staff recommends release of this Faithful performance Warranty security. The Labor and Materials securities are maintained for the contractual six-month lien period which follows City Council acceptance of the improvements. No claims for either labor or materials having been filed, Staff recommends that the following security be released: Bond No. 149 11 50 in the amount of $950,000 for street, drainage, water, and sewer improvements for Labor and Materials. The Subdivision Monumentation Security was released on February 23,1999, by City Council action. The affected interior public streets will be accepted into the City Maintained-Street System by Resolution at a later date. The interior streets within the subdivision are Tee Ddve, Flag Way, Canterbury Court, and portions of Temecu Drive. A portion of Rancho California Road falls within the tract boundary but is part of the City Maintained-Street system as successors-in interest to the County of Riverside. FISCAL IMPACT: None ATTACHMENT: Location Map 2 R:~AGDRPTL99\1109\TR233711 fin INV~ttSlO~ VICINITY MAP Tract No. 23371-1 Location Ma3 NOTE: MAPS NOT TO SCALE ITEM 9 CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council 4d~William G. Hughes, Director of Public Works/City Engineer November 9, 1999 SUBJECT: Release Faithful Performance Warranty and Labor and Materials securities in Tract No. 23371-2. (Northwesterly of intersection of Meadows Parkway at Rancho California Road) PREPARED BY: g Ronald J. Parks, Deputy Director of Public Works ;' Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council: AUTHORIZE release of the Faithful Performance Warranty and Labor and Materials securities for Public Improvements for the interior streets in Tract No. 23371-2. 2. DIRECT the City Clerk to so notify the developer and the surety. BACKGROUND: The City Council received and filed the map for Tract No. 23371-2 on March 27, 1990. Subdivision Agreements and Surety Bonds were posted with Clerk of the Board of Supervisors by: Margarita Village Development Company Bonds were posted by the Insurance Company of the West as follows: Faithful Performance Bond No. 115 17 79 in the amounts of $180,000 for street and drainage improvements, $47,000 for water improvements, and $35,000 for sewer improvements. Labor and Materials Bond No. 115 17 79 in the amounts of $90,000 for street and drainage improvements, $23,500 for water improvements, and $17,750 for sewer improvements. Subdivision Monument Bond No. 115 17 80 in the amount of $19,900 for subdivision monumentation. On November 27, 1990, the City Council accepted substitute bonds posted by Allied Mutual Insurance Company providing the same coverage in scope and amount. The original bonds were released by this same action. R:~GDRPT~9\I 109\TR233712FIN On May 12, 1992, the City Council approved a standard Subdivision Improvement Agreement which replaced the County format agreements on file and extended the contract completion date to March 27, 1993. On December 19, 1995, the City Council authorized the Director of Public Works and City Attorney to have released certain surety bonds relating to a change in ownership in the Margarita Village project resolved through Bankruptcy Court proceedings. Included in this release were the several bonds posted in Tract 23371-2. Subsequent to City Council authorization for bond release, the development was sold to: McMillin Project Services, Inc. 2727 Hoover Avenue National City, CA 91950 On December 10, 1996, the City Council approved the replacement Subdivision Improvement Agreement, and accepted the following replacement securities as posted by the Insurance Company of the West: Faithful Performance Bond No. 149 23 52 in the amount of $386,000 for street, drainage, water, and sewer improvements for the interior streets. Labor and Materials Bond No. 149 23 52 in the amount of $193,000 for street, drainage, water, and sewer improvements for the interior streets. Subdivision Monument Bond No. 149 23 53 in the amount of $19,900 for subdivision monumentation. On October 13, 1998, the City Council accepted the interior street public improvements, initiated the one-year warranty period, and authorized reduction in Faithful Performance security to the ten- percent (10%) warranty amount as follows: Bond No. 149 23 52 in the amount of $38,600 for public street, drainage, water, and sewer improvements for interior streets for Faithful Performance Warranty purposes. The one-year warranty period having expired, Public Works Staff has reviewed and inspected the public improvements, and all required repairs/replacements have been satisfactorily completed. Therefore Staff recommends release of this Faithful Performance Warranty security. The Labor and Materials securities are maintained for the contractual six-month lien period which follows City Council acceptance of the public improvements. No claims for either labor or materials having been filed, Staff recommends that the following security be released: Bond No. 149 23 52 in the amount of $193,000 for public street, drainage, water, and sewer improvements for interior streets for Labor and Materials purposes. The Subdivision Monumentation security was released on February 23, 1999, by City Council action. The affected interior public streets will be accepted into the City Maintained-Street System by Resolution at a later time. The streets within the subdivision are Colonial Court, Cascades Court, Pinway, and Parway. A portion of Rancho California Road falls within the tract boundary but is a part of the City Maintained-street System as successors-in-interest to the County of Riverside. FISCAL IMPACT: None. ATTACHMENT: Location Map 2 R:~AGDR PT~99\1109\TR233712FIN I ItlYE7t$1DE VICINITY MAP t~of-o /~" ~ Tract No. 23371-2 Location Ma-~ NOTE: MAPS NOT TO SCALE ITEM 10 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Jim O' Grady, Assistant City Manager November 9, 1999 Proposed State Sales Tax Shift (SMART Formula) PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council approve and support the attached letter of opposition identifying the City's position to the proposed fiscal reform plan by the State Controller. BACKGROUND: The League of California Cities is currently reviewing many proposed fiscal reform plans that are being discussed by State legislators. One of these is California State Controller Kathleen Connell's report that plans to deal with the fiscal relationship between state and municipal governments. The League of California Cities has formed a Fiscal Reform Task Force to review and investigate this proposal as well as all other proposed plans. The attached letter of opposition is addressed to the chairperson and all members of this committee. The State Municipal Advisory Reform Team (SMART) developed this plan in August 1999. This team was comprised of representatives of State and local government, business and labor, environmentalists, real estate developers, and economists. Objectives SMART utilized in developing proposals to overhaul local government funding include: (1) Increase discretionary income for local government without unduly impacting State government or increasing taxes. (2) Redistribute sales tax revenues among local governments in a manner that would be proportional to public need; and (3) Encourage balanced planning decisions in the future while not punishing local government for past planning decisions that were predicted on "point-of-sale" reimbursement. Based upon these objectives, two major changes in how local governments receive their funds have been discussed by SMART. The first would involve the allocation of sales tax based on population rather than on point of sale and the second would include a property tax (ERAF) shift. The distribution of local sales tax based upon point-of-sale has, in SMART's opinion, distorted local land use decisions by creating financial incentives for local governments to promote retail outlets that generate high volume sales at the expense of housing and businesses that create well-paying jobs. BACKGROUND (con't): The SMART task force has conducted an economic analysis which places a "cap" on the State's diversion of property tax revenues and future sales taxes. As a result of these investigations, the SMART formula was created. SALES TAX Allocation Formula To compute this formula, the State: · Recorded the current % of sales tax revenues distributed countywide and · Computed the % of population by county · This total represents what jurisdictions countywide would normally receive under the current 1% allocation of taxable sales. · These percentages were than weighted and then multiplied by the total sales tax revenues distributed in FY 1997-98 (98-99 numbers were not available). This whole procedure was done to determine the impact of distributing some of the sales tax revenue on population vs. point of sale. As part of the transition, the statewide sales tax revenue was redistributed so 90% was based on point of sale method and 10% was based on population. This resulted in 15 of the 58 countywide areas receiving less sales tax than they would have under the previous method and 43 receiving more. Based on the States projections, Riverside County as a whole would net an increase. However, Hinderliter de Llamas and Associates, the City's financial consultant, has recently released a report that displays estimated impacts to respective cities (attached). Attached is a summary of these projections which highlights Temecula as potentially suffering a -4.92% loss in 1998-99 ($500,000) and a -16.41% loss in 2008-09. The projected loss of revenue in 2008-09 equates to nearly $3 million dollars a year. Under this formula, all future increases in statewide sales tax revenues would be distributed exclusively upon population. SMART predicts the growth of retail sales tax revenues over the next quarter century eventually will equal and exceed current statewide sales tax revenues, and population will become the dominant factor in sales tax distribution. PROPERTY TAX Allocation To provide relief to counties because of the ERAF shift, the task force proposes an ERAF baseline reduction to approximately $3.2 billion. The formula will also result in a $450 million increase to local property tax revenues, which will be redistributed statewide based on the proportionate countywide ERAF contributions for the fiscal year. SMART estimates that this formula will result in a net increase in tax revenues on a countywide basis for all 58 California counties. Hinderliter de Llamas and Associates has also provided projected property tax dollars through the ERAF reversal for respective cities in Riverside County. Through the ERAF reversal process, the City of Temecula would receive $13,236. However, the Controller has not committed to guaranteeing the ERAF revenues as part of the ballot proposal. SMART admits there will be a handful of cities, which in the first year will experience a reduction in sales tax revenues under this formula. The action recommended to mitigate these losses is for municipalities to engage in an intra-county swap of sales taxes for a greater share of property taxes within their municipal boundaries. Temecula is a low property tax, high sales tax producing city and on the surface it appears we would be negatively impacted by this proposal. In addition, this approach deals with the fiscal stability of counties and does not specifically address the impacts to cities. Staff will continue to monitor this proposal very closely and await additional information that is being studied and reviewed by the League of California Cities and Western Riverside Council of Governments (WRCOG). FISCAL IMPACT: Unknown at this time. Attachment: Letter of Opposition Sales Tax Projections Steven J. Ford Mayor Jeffrey E. Stone Mayor Pro Tem Ronald H. Roberts Councilmember Jeff Comerchgro Councilmember Karel F. Lindemans Councilmember November 10, 1999 League of California Cities Fiscal Reform Task Force Attn: Mr. Richard Cullinen, Chairperson 1400 K Street Sacramento, CA 95814 Dear Mr. Cullinen: On behalf of the City of Temecula, I would like to present our position with respect to Kathleen Cmmell's proposed fiscal reform plan from the State of California. (909) 506-5100 FAX 694-6499 The City of Temecula is a low property tax, high sales tax producing city and from current projections of this plan, we would be negatively impacted. It appears that Riverside County as a whole would net an increase under the proposed sales tax redistribution plan, yet Hinderliter de Llamas & Associates, the City's financial consultant, has just released preliminary estimates for respective cities in our county. The City of Temecula would have potentially suffered a 4.92% loss in 1998-99 if the plan was adopted as proposed. Looking ahead ten years, the City of Temecula stands to face a -16.41% loss in 2008-09. While the Controller's report discusses softening the impact of the revised distribution by returning a portion of ERAF in amounts ranging from the one-time $150 million up to $450 million, she has not committed to guaranteeing these monies as part of the ballot proposal. A per capita tax shift would punish successful jurisdictions that have gained a sales tax advantage through entrepreneurial leadership. · Per capita allocations would financially short-change cities that provide services to the retail center for their regions. · Wealthy residential enclaves that have taken a "not in my backyard" approach to economic development would be rewarded by a shift to per capita distributions. PnntedDn Recycled Paper · Eliminating situs sale tax allocations cuts local government's only major incentive for encouraging economic development in California. We implore you to take into consideration the many cities like Temecula when discussing the impacts of this proposal. We take a great deal of pride in the balance we have achieved in our community of residential, retail, and industrial development, this proposal will certainly void these efforts. If I can be of further assistance or answer any related questions, please don't hesitate to contact me at (909) 506-5100. Sincerely, Steven J. Ford Mayor CC: City Council Fiscal Reform Task Force Committee C: 01~x 0 0 0 o Estimated Annual ERAF Reversal SMART State/Local Fiscal Reform Proposal Tables included in the Cormell Proposal include an estimated $450 million ERAF reversal even though lesser amounts are also discussed. HdL contacted Coleman Advisory Services for a detailed ERAF return estimate for all cities and counties. The amounts for your county are shown below. Unlike $150 million in local government relief included in AB 1661, the hoped- for $450 million represents an annual amount. Though the ERAF reversal at $450 million a year is a remote possiblity at best, our clients need to be aware of this part of Connell's plan. Add your agency's share of the $450 million to HdL's "SMART" Proposal amounts for 1998/99 and 2008/09 to see how your agency would benefit. ERAF City/County Reversal I CALIFORNIA CITIES $ 69,554,821 COUNTIES (incl San Francisco) $ 346,166, 118 SPECIAL DISTRICTS $ 34,279,061 STATE TOTAL $ 450,000,000 IRIVERSIDE COUNTY BANNING $ 52,893 BEALrMONT $ 18,044 BLYTHE $ 25,698 CALIMESA $ 3,692 CANYON LAKE $ 5,3 14 CATHEDRAL CITY $ 3,904 COACHELLA $ 14,440 CORONA $ 388,735 DESERT HOT SPRINGS $ 19,266 HEMET $ 109,457 INDIAN WELLS $ 4,3 10 INDIO $ 52,210 LAKE EL SINORE $ 13,341 LA QUINTA $ 58,233 MORENO VALLEY $ 24,3 12 MURRIETA $ 762 NORCO $ 49,634 PALM DESERT $ 18,283 PALM SPRINGS $ 236,066 PERRIS $ 68,484 RANCHO MIRAGE $ 13,611 RIVERSIDE $ 381,273 SAN JACINTO $ 62,504 TEMECULA $ 13,236 * Prepared for the League of California CRies by Coleman Advisory Services, used by permission. 10/14/99 ITEM 11 ORDINANCE NO. 99-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND ELI LILLY AND COMPANY FOR PROPERTY GENERALLY LOCATED EAST OF YNEZ ROAD, WEST OF MARGARITA ROAD AND SOUTH OF OVERLAND DRIVE (PLANNING APPLICATION NO. PA99-0274) WHEREAS, Section 65864 et seq. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, to resolve potential litigation resulting from the City's acquisition of property through eminent domain, the City of Temecula and the property owner, Eli Lilly and Company have agreed to enter into a development agreement; and WHEREAS, in accordance with the procedure specified in City Resolution 91-52 and the Development Code, the City of Temecula has initiated said Development Agreement with Eli Lilly and Company; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with Eli Lilly and Company has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on September 29, 1999 (Planning Commission), and October 19, 1999 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Eli Lilly and Company, that it: A. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for industrial, commercial and residential development; and B. The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, C. The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the zoning district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, R:Ords 99-27 I D. The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, E. The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, F. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, and police and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; and, G. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, H. The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are the mutually agreeable resolution of eminent domain issues that could have otherwise resulted in litigation. Section 2. APPROVAL. The Development Agreement, attached hereto and incorporated herein by this reference as Exhibit "A" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Section 4. PASSED, APPROVED AND ADOPTED, this 9th day of November, 1999. Steven J. Ford, Mayor ATTEST: Susan Jones, CMC/AAE City Clerk [SEAL] R:Ords 99-27 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 99-27 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of October, 1999, 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 9th day of November, 1999 by the following roll call vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Susan W. Jones, CMC/AAE City Clerk R:Ords 99-27 3 TEMECULA COMMUNITY SERVICES DISTRICT ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT OCTOBER 5, t 999 A regular meeting of the City of Temecula Community Services District was called to order at 8:19 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 5 DIRECTORS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 24, 1999. 2 Arts Council Community Grant Agreement RECOMMENDATION: 2.1 Approve the Community Grant Agreement between the Temecula Community Services District (TCSD) and the Arts Council of Temecula Valley in the amount of $42,500.00 Completion and Acceptance for the Tennis Court Li.qhtin.q at Temecula Valley Hi.qh School, Proiect No. PW98-10CSD RECOMMENDATION: 3.1 Accept the project for the Tennis Court Lighting at Temecula Valley High School, Project PW98-10CSD, as complete; 3.2 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; 3.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 3 Minutes.csd\100599 1 MOTION: Director Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Roberts and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker invited the community to the reopening ceremony of the Temecula Duck Pond on Thursday, October 7, 1999, at 11:00 A.M. Director Comerchero, echoed by his fellow Directors, relayed his pleasure with the appearance of the newly completed Temecula Duck Pond. Director Stone commended Director Roberts and the developer Kemper for their original efforts associated with obtaining this property into the City park system. Director Roberts, in return, commended Mr. Dennis Chiniaeff for his associated efforts. Director of Community Services Parker thanked Public Works Director Hughes, the Public Works Department, and the Community Services Maintenance Department for their assistance in completing this project. GENERAL MANAGER'S REPORT General Manager Nelson commented on additional upcoming infrastructure improvements at Rancho California Road and Ynez Road. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:23 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 19, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] Minutes.csd\100599 2 ITEM 2 APPRO\~ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors ..~Herman D. Parker, Director of Community Services November 9, 1999 Authorization for Public Bid for the Margarita Community Park Fencing/Lighting Project PREPARED BY: c~ Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Add the lighting retrofit for the roller hockey rink and the tennis courts at Margarita Community Park to the Margarita fencing project in the FY 1999/2000 Capital Improvement Program. 2. Approve the construction documents and authorize the release of a formal public bid for the Margarita Community Park Fencing/Lighting Project. DISCUSSION: The Margarita Community Park Fencing/Lighting Project will provide secudty chain link fencing along the channel that traverses the park site. The fencing will commence at the Temecula Elementary School fencing and terminate at the back of the property adjacent to the Target shopping center parking lot at the back of the park site. The proposed fencing is designed to discourage foot traffic and littering in the channel and the undeveloped portion of the park site. The project will also include four gates for maintenance access. The project will also provide for lighting retrofits for the roller hockey rink and the tennis courts constructed as part of the Margarita Community Park project. The lights originally installed as part of the park construction project are not performing to the manufacturers specifications, however these lights did meet the design specifications identified in the plans. The light levels do not meet the foot candle requirements for recreational play per the Intemational Electrical Standards (IES) and do not provide a safe distribution of light for night play. The proposed retrofit for the lights at the roller hockey dnk and tennis courts will provide an upgrade from recreational play lighting standards, as identified in the plans and specifications, to club level play standards, as defined by IES. Staff has reviewed the photometric design for both facilities and feels the foot candles to be obtained will provide sufficient light for safe night play. The consultant recognizes and accepts responsibility for the performance failure of the lighting system. The consultant will bear $6,580 of the cost to retrofit the lighting system. This amount is F:\Depts\CSD~RUSEP~GEN DASVnargarita park fencing-lighting bid - bod.doc equivalent to the cost of the lights originally installed. The additional cost for the project will provide for the upgraded lighting system. FISCAL IMPACT: The Engineer's estimate for the fencing is $16,500 and the estimate for the lighting retrofit is $34,000, for a total project cost of $50,500. This project was approved as part of the FY 1999/2000 Capital Improvement Program and funds are budgeted and available in account number 210-190-172-5804. Attachment: Site Plan F:\Depts\CSD\RUSEP~GENDAS~margarita park fencing-lighting bid - bod.doc C ITEM 3 APPROVA_/)~~ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services November 9, 1999 Children's Museum Feasibility Study Contract PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors award a contract of $30,000 to AMS Planning and Research for the preparation of a feasibility study for the Children's Museum Project. BACKGROUND: On August 20, 1999, the City solicited Statements of Qualifications from qualified firms for research and preparation of a feasibility study for the proposed Children's Museum Project. The City received seven Statements of Qualifications, which were reviewed and ranked by a review committee. The four firms judged to be the most qualified were invited to make an oral presentation and participate in an interview with the selection committee comprised of two City Council members, Jeff Comerchero and Ron Roberts, and City staff. The selection committee ranked AMS Planning and Research (AMS) as the most qualified firm for this project. Staff has negotiated with AMS a final Scope of Services and a cost proposal of $30,000 for this project. Upon award of a contract, AMS, staff will establish a project committee to work with the consultant to set project goals and schedules. The project committee will also review interim findings and provide guidance and feedback to the consultant throughout the process. AMS will conduct background research related to cultural institutional needs within our geographical region and facilitate interviews with key stakeholders, including educators, family services agencies, other cultural institutions, elected officials and others, and guide community forum meetings for additional input. Based on the information received, AMS will also prepare preliminary site evaluation and space requirements estimates. Finally, AMS will provide an evaluation of a City operated facility versus a City-owned facility operated by a private non-profit organization, including an analysis of operating cost/revenue projections. It is envisioned that this study and final report will requirement four to five months to complete. AMS will present the report and their findings to the Board of Directors upon the completion of the project. FISCAL IMPACT: Total cost of this Professional Services Contract is $30,000, plus an additional ten percent (10%) contingency of $3,000. This project is funded by Capital Reserves and Community Donations and was approved in the City's Capital Improvement Program for FY 1999/2000 in account number 210-190-165-5802. \\TEMEC_FS101WOLI\DEPTS\CSD\RUSEP\AGENDAS\children's museum feasibility study-bod.doc c.~ '~ 0 o~o ~ CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES CHILDREN'S MUSEUM FEASIBILITY STUDY THIS AGREEMENT, is made and effective as of November 9. 1999, between the Temecula Community Services District ("District") and AMS Planning and Research (AMS), ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 9, 1999, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The District agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirty Thousand Dollars and Noll00 ($30,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the District disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. P~greements\Consultant 99 1 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Distdct may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Distdct 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 District shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Distdct pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder adses out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant 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 Consultant fails to cure its default within such period of time, the District 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. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by District that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be cleady identi- fied and readily accessible. Consultant shall provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the right to examine and audit said books and records, shall permit District to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all odginal documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the District, upon reasonable written request by the District, the necessary P~,greements\Consultant 99 2 computer software and hardware for purposes of accessing, compiling, transferring and pdnting computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injudes or property damage resulting from the rouse of the design at a location other than that specified in Exhibit A without the wdtten consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the District, 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 Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the District. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may adse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, workers compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injunj, personal injury and property damage. 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) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. P~Agreements\Consultant 99 3 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 Consultant 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 District, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the District, 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 Consultant'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 City, its officers, officials, employees or volunteers. (4) The Consultant'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' pdor wdtten notice by certified mail, return receipt requested, has been given to the District. 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. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant 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 District. All endorsements are to be received and approved by the Distdct before work commences. As an alternative to the Distdct's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. P~Agreements\Consultant 99 4 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant 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 District. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, 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 Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives District notice of such court order or subpoena. b. Consultant shall promptly notify District should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, headng or similar proceeding. Consultant agrees to cooperate fully with Distdct and to provide District with the opportunity to review any response to discovery requests provided by Consultant. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 13. NOTICES. 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, retum 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. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. P~Agreements\Consultant 99 5 To District: To Consultant: Temecula Community Services Distdct Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager AMS Planning and Research 7307 Princeton Avenue St. Louis, MO 63130-2923 Attention: Arthur Greenberg 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Arthur GreenberG shall perform the services described in this Agreement. Arthur GreenberG may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide Distdct fourteen (14) days' notice prior to the departure of Arthur GreenberG from Consultant's employ. Should he or she leave Consultant's employ, the Distdct shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The Distdct and Consultant understand and agree that the laws of the State of California shall govem the dghts, 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 distdct court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 17. 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 wdtten, 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. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. P~greements\Consultant 99 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, CMC/AAE, City Clerk P%Agreements\Consultant 99 7 Approved As to Form: Peter M. Thorson, City Attomey CONSULTANT AMS PlanninQ and Research By: Name: Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) P~Agreements\Consultant 99 EXHIBIT A 8 TASKS TO BE PERFORMED P~Agreements\Consultant 99 9 EXHIBIT A :ON,NECT:CUT MISSOURI ZALIFORNIA Scope of Services 1. Planning Committee & Project Commencement AMS recommends that the Gty establish a Planning Committee that would advise on the planning process, project objectives and schedules, and provide essential communications. We will advise on composition of the Committee and at a -kick-off meeting, the consultants will facilitate a discussion to gain input on issues related to the proposed museum and ascertain expectations for the study. During the progress of the study, meetings would be scheduled with the Committee to review findings and obtain guidance and feedback. 2. Background Research & Interviews The Consulling Team would review previous planning efforts in the city, county and region, museum and related cultural restitutions' long range plans or facility needs assessments and fundraising reports and other plans for new community proiects. Included m this assessment would be careful review of the Cultural Arts Master Plan and updates on its progress toward implementation. We will also review materials related to the City's History Museum for a contextual understanding of the proiect. AMS staff would conduct structured m-person interviews with a selection (approximately 30) key stakeholders in the Children's Museum proiect, including area educators, family service agencies, cultural institutions, tourism entities, city staff and elected officials. The opinions of this community cross-section will be solicited with respect to the proposed development of a new children's museum m Temecula. 3. Benchmark Studies AMS would undertake comparative studies of a selection (3-4) of relevant children's museums in the US to provide a context for the City's decision-ma-ldng. In addition to our own resources, information from the Association of Youth Museums will be used to generate comparative program, governance, budget and site information. In selecting sites and programs for study, attention would be paid to size and composition of the market, similarity of mission, local competitive situation, and other factors such as economic impact and relationship to community development strategies. 4. Vision Clarification & Concept Development An examination of the museum's mission would be the fncst step m planning. The Consulling Team would summarize the research and interviews conducted m Task 1 to provide guidance for the development and approval of a preliminary mission for the museum. A workshop would be conducted to address the museum's proposed purpose, its audiences and educational programs. 5. Primary Market Research In order to assess "needs and interests" of target visitor segments, AMS proposes that a public intercept survey be conducted. We recommend that a one-page survey be administered by professionally-trained field staff at a cross-section of family events and locations, such as street festivals, shopping malls, libraries, and regional parks. AMS would develop a survey instrument designed to gain input on competitive leisure activities, past experience with children's museums, program interests, price sensitivity, and likely usage patterns. AMS staff would recruit local field workers and supervise the first day of data collection. We would aim for a range of 200 to 300 completed forms. Following data collection, AMS would prepare a "topline" memorandum report which xvould inform other research and planning steps. Scope q'~7ork Temecula Children ~ Museum Feasibili~ Study Page 2 6. Community Forums Successful operation of the proposed Children's Museum will benefit from the participation and commitment of various community constituencies, including parents of school-aged children and educators. AMS proposes to undertake series (2-4) of community discussion groups with target constituencies to solicit input on specific elements of the museum's proposed exhibitions and activities program, operations, audience amenities, and so forth. These sessions would be professionally-facilitated and designed to provide feedback and direction to the Phnning Committee, and to inform subsequent portions of the Study. Groups would be scheduled during the course of a one-day site visit to facilitate sessions throughout day and evening hours. 7. Space Definition To facilitate site selection the consulting team would prepare preliminary estimates of space requirements for a museum that could successfully accommodate the proposed programs. Space definitions would include the following: ~ Permanent and Temporary Exhibit space ~ Public Program facilities, classrooms, meeting space, etc. ~ Exhibition Support, including preparation, reception and storage of loan exhibits and maintenance ~ Visit. or Amenities, includin~ community meeting rooms, auditorium, food sernce, book/gift shop ~ Staff Work and Support Spaces, including offices, group workspaces, general office support facilities ~ Technical Support, including loading docks, school/tour bus access, storage, construction workshop ~ Ancillary activities such as food service, gift shop ~ Parking requirements A summary of space needs would be prepared outlining preliminary space requirements to meet current and future needs. 8. Site Evaluation Based on the preliminary space requirements, the Consulting Team, in collaboration with the Planning Committee, would develop site criteria and devise a selection process to analyze site options. Inspection visits would be made to up to six. potentially available sites that will meet the requirements defined in the building program. Among the criteria to be assessed for each site will be size, location, access, zoning, neighborhood infrastructure and capability for future expansion. The potential for parmering with other for-profit or non-profit developments would also be explored. 9. Operations Governance and organizational structures at benchmark study sites will be documented and evaluated with respect to potential application to the proposed museum. Current management structures of other non-profit institutions in the Temecula area would also be reviewed in relation to a new museum. AMS would describe and evaluate alternative governance structures for the proposed museum. Options to be studied would include an independent organization and potential collaborations with other related organizations. -2- Scope of W/ork Temecula Children ~ Museum Feadbilt~y S tu.dy P a~ge 3 10. Operating Projections Based on the planning and research tasks described above, management and operating models would be prepared. Tasks to be completed would include a preliminatT schedule of programs and activities that would take place at the museum during a stable year of operation. An appropriate organization structure would be formulated outlining requirements for key personnel. Operating expenses, including salaries, administrative costs, advertising, utilities, building maintenance and repairs, exhibition and programming costs, insurance, leases, capital reserves, and so on, would be estimated. Earned income from operations (including admissions, parking, facility rentals, gift and food service concessions, exhibition commissions, program fees, etc.) would be forecast along with net gain/loss. A range of attendance scenarios will be forecast based on documentation of other attractions and museums in the region and benchmark study sites. A computer- based financial model would be prepared that would enable sensitivity analysis of assumptions regarding attendance, utilization, management structure, building format, fees, and other variables. The consultants would work closely with the client to develop realistic scenarios for operation of the museums. 11. Final Report AMS would prepare a final report summarizing the research and phnning steps with a focus on narrative text whic~ could be utilized as a "case statement" for future fundraising efforts. A draft final report would be circulated among the Planning Committee for review and comment prior to issuing a final report. Professional Fees Planning Committee & Project Commencement Background Research & Interviews Benchmark Studies Vision Clarification & Concept Development Sub-Total ..........................................................................................................................$9,500 Primary Market Research Community Forums Space Definition Site Evaluation Sub-Total ........................................................................................................................$13,500 Operational Issues Operating Projections Final Report Sub-Total ..........................................................................................................................$7,000 Total Project ...........................................................................................$30,000 AMS would invoice monthly based on task completion. Invoices are payable within 30 days. Documentation will be provided for all reimbursable expenses. Accounts delinquent over 60 days may be subject to accrued interest at the rate of 1.5% per month. Accounts in arrears over 90 days may be subject to suspension of services. -3- 7307 Princeton Avenue St. Louis, MO 63130-2923 314.727.2880 Fax 3 t 4.727.0348 hnp:/ /ams-online.com CONNECTICUT MISSOURI CALIFORNIA October 28, 1999 Mx. Herman Parker, Director Department of Community Services City of Temecula 43200 Business Park Drive Temecula, CA 92590 (909) 694-6488 (909> a,4-c,4sol 2 pages?l Dear Herman: Based on my conversation earlier today with Phyllis Ruse, I am pleased to provide the following clarification to AMS's proposed Scope of Work for the Temecula Children's Museum Feasibility Study in response to questions raised by the City Manager's Office. Please consider the following points in response to issues raised by the City: It is our intent that the Site Eviluation process would include the cost of acquiring land .(to the extent that market data and/or owner asking costs are available). Additionally, the Space Defirdtion task is intended to develop an order-of- magnitude capital construction cost for the proposed Museum as well as a range of exhibit costs (per square foot) based on our benchmark case studies and AMS's extensive knowledge of the field. What we would be unable to provide during this phase of the work would be detailed development costs such as requirements for grading, hazardous materials removal, and related site development costs. As you know, estimates for these costs would requite input from soils testing and engineering firms which are not included in this feasibility stage. AMS's final report to the City would detail a proposed capital cost for the building and exhibits which does include site acquisition costs, if appropriate. Regarding the Operating Projections, it is our intent to estimate net gain/loss based on development of a preferred operating scenario. This pro forma would certainly include income from memberships and would. by definition, estimate the annual fundraising requirement for operation of the Museum. Typically, such a shortfall would be raised from a combination of sources including govemment and foundation grants as well as private donations. Our benchmark case studies will result in an average percentage for each of these sources on which the City can base its specific fundraising requirements. Likewise with regard to capital funding, our proposed scope of work will develop an estimated capital cost for the Museum, and our benchmark case studies will yield a range and average of private contributions to capital development costs. During the normal course of our key informant interviews we will identify potential private funding sources for the project. However, without undertaking a "fundraising feasibility study" aimed at projecting specific amounts of capital contributions by specific individuals and/or foundations, we will be unable to recommend the extent to which private funding for construction would be available. XVe will, however, provide guidelines (e.g.. percentage of capital and operating costs funded by private and public sources) for the City based on our study of other children's museums and our background knowledge of the field. Scope ot' Work Clati~catiot~ City ofTemeeula- Childmn~' Museum Fea~bilt~y Study I hope this supplemental information is suffident to clarify those issues raised by City Staff. Please feel free to call me at (314) 727-2880 should you or others have any additional questions or concerns on the proposed scope of work. We are eager to get started on the project and look forward to receiving a contract from the City at your earliest convenience. Sincerely yours, Arthur Greenberg, Director AMS Planning & Research Co~p. 7307 Princeton Avenue St. Louis, MO 63130 (314) 727-2880 - phone (314) 727-0348 - fax -2- ITEM 4 APPROV~ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors X~;~erman D. Parker, Director of Community Services November 9, 1999 City of Temecula Wall of Honor PREPARED BY: ~:;~(~'Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Approve the ten recommended honorees for placement on the Wall of Honor. Establish the Temecula Heritage Plaque to honor those persons whose community contributions were made primarily pdor to incorporation and approve the first seven entries. DISCUSSION: On September 14, 1999, the Board of Directors approved the procedures for the selection of entdes to be honored by placement of their names on the Wall of Honor. The Wall of Honor is intended to honor and recognize individuals who have made an outstanding contribution to the City of Temecula. The names of the designated individuals will be permanently displayed in a prominent location in the Tony and Mildred Tobin Rotunda in the Temecula Valley Museum. The policy provides for ten inductees for the Wall of Honor in the first year, 1999. Staff solicited nominations from the community for persons to be recognized on the Wall of Honor. Thirty nominations were received and reviewed by a sub-committee made up of Council Members Jeff Comerchero and Jeff Stone. Dudng their review of the nominees, the sub-committee determined that, in addition to the ten entdes selected as the inaugural group, it would be appropriate to select an unlimited number of persons to be recognized for their foresight and vision which helped create the special place that Temecula has become. It is envisioned that these individuals would have made their contributions prior to incorporation. Their names will be affixed to a Temecula Heritage Plaque, which will also be placed in the Temecula Valley Museum rotunda. Seven entries were identified from the odginal nominations to receive this award. They are: Dee W. Burnside Jack and Mary Davis Tommy Hotchkiss \\TEMEC_FS101 \VOL1 \Depts\CSD~USEP~AGEN DAS\wall of honor inductees - bod.doc Tom Hudson Horace and Laveme Parker Frank Querry Howard Raish Since the original solicitation for nominations did not include consideration of this recognition, staff will seek additional nominations for this honor. It is envisioned that this will be a one-time solicitation and future years nominees will be for inclusion on the odginal Wall of Honor only. Because more time is necessary to solicit and receive these nominations, the Temecula Heritage Plaque will be installed in January, 2000 or shortly thereafter. The names for the Wall of Honor were forwarded to the Community Services Commission on November 8, 1999 for their approval. Attached is the Commission's recommendation for persons to be recognized on the Wall of Honor for 1999. FISCAL IMPACT: The design and installation of the Wall of Honor was included as part of the exhibit fabrication for the Temecula Valley Museum. The cost to incorporate the ten honorees' names on the Wall of Honor and the special one-time honorees on the special plaque is estimated to be $20 per name. Each Honoree will also be awarded a plaque. The total cost of the plaque is approximately $35 per plaque. These funds are available in account number 190-185-999-5250. \\TEMEC_FSI OI\VOLI\Depts\CSD\RUSEP~AGENDAS\wall of honor inductees - bod.doc RECOMMENDED WALL OF HONOR HONOREES FOR 1999 Pat Birdsall Ruth Chesher Baker Eve Craig Terry Gilmore June and Harold Greek Bill and Evelyn Harker Karel Lindemans Ron Parks Joan Sparkman Bob and Bea Taylor \\TEMEC_FS101 \VOL1 ~Depts\CSD\RUSEP%AGENDAS\wall of honor inductees - bod.doc REDEVELOPMENT AGENCY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY OCTOBER 5, 1 999 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:23 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. 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 August 24, 1999. MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected approval. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. Minutes\100599 I ADJOURNMENT At 8:24 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 19, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel F. Lindemans, Chairman ATTEST: Susan W. Jones, CMC/AAE City Clerk/Agency Secretary [SEAL] Minutes\100599 2 ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Agency Board John Meyer, Housing and Redevelopment Manager~/~ November 9, 1999 First Amendment to Owner Participation Agreement with Costco Wholesale Corporation RECOMMENDATION: That the Agency Board Adopt a Resolution Entitled: RESOLUTION RDA NO. 99 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND COSTCO WHOLESALE CORPORATION BACKGROUND: Costco Wholesale Corporation (Costco) has submitted a planning application to relocate its facility along Ynez adjacent to the Promenade Mall. As part of this process, Costco has asked the Agency to consider amending the Owner Participation Agreement (Agreement). DISCUSSION: The existing Agreement was originally approved in July of 1991. It provided an annual reimbursement based on actual sales tax generated by Costco. The cumulative reimbursement is capped at $2.5 Million or twelve years, which ever comes first. We are in the seventh year of the agreement and have reimbursed Costco just over $1 million to date. As agreed upon with Costco, the total sales tax from which Costco's reimbursement is calculated under the Agreement will be expanded to include the current site along Winchester Road and any other Costco location within the Redevelopment Project Area. In addition, the maximum annual payment will be $300,000. All other provisions of the agreement will remain unchanged. FISCAL IMPACT: The payment to Costco is annually budgeted in the Redevelopment Fund. The FY 99-00 budget includes $300,000. Attachments: Resolution for Costco Wholesale Corporation Costco Wholesale Corporation OPA R:\REDEV\CostcoOPAamend.doc October 21, 1999 1 RESOLUTION RDA NO. 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOP1VIENT AGENCY OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND COSTCO WHOLESALE CORPORATION THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The Board of Directors of the Re, development Agency of the City of Temecula does hereby find, determine and declare that: a. On July 23, 1991, the Agency and Participant entered into that certain agreement entitled "Owner Participation Agreement by and between the Re, development Agency of the City of Temecula and Costco Wholesale Corporation, a Washington corporation" C OPA"). b. The OPA provides that Participant shall build a retail facility on the Site in accordance with land use entitlements approved by the City and, in return, the Agency would make annual payments to the Participant over a period of 12 years. The annual payments would be made from Agency funds in an amount based on the amount of sales tax revenues reported to the State from the Site, but the payments would not exceed a total of $2.5 million over the 12 year period. The Participant completed the retail facility and the Agency has recorded the Certificate of Completion required by the OPA. c. Section 1.1 of the OPA provides that "Redevelopment of the Site will be of direct benefit to the Project Area because it will create a major retail .facility capable of attracting many customers to the commercial areas located adjacent to the Site and within the Project Area. The project proposed by the OPA will provide a major retail anchor for the commercial area within the Project Area and will encourage further retail development within the Project Area, thereby contributing sales taxes and other revenues to the City and generating employment opportunities." d. Since adoption of the OPA in 1991, the area across Winchester Road from the Site and within the Project Area has indeed developed into a major retail area. One of the impacts of this new development will be the diminution of commercially viable retail areas on and adjacent to the Site and the potential negative impact such a condition will have upon the Project Area. \\TEMEC_FS 101 \VOL 1 \Depts\R EDEV\Agreements\resocostco.doc e. This First Amendment to the OPA will be of direct benefit to the Project Area and will assist in eliminating blight in the Project Area for the reasons described in Subparagraphs 1 .c. and 1.d. This First Amendment is also consistent with the Implementation Plan for the Project Area. f. In order to induce Participant to redevelop and encourage the development of commercially viable retail operations on the Site and to prevent the negative impacts on the Site and the nearby Project Area as described in this Section, it is necessary to expand the sources of revenue upon which the annual payments are calculated so as to continue the assistance payments for the initial development of the Site as described in the OPA. Participant is agreeing to use commercially reasonable efforts to find alternative retail uses for the Site if the retail business currently occupying the Site moves to another location or if subsequent retail uses on the Site cease operations for any reason. g. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally an environment review was completed and approved in 1991 for the approval of the land use entitlements for the site. The action being approved by this Resolution relates to the calculation of the Agency's financial assistance to an existing project and, therefore, has no effect on the environment. None of the findings set forth in Sections 15162 or 15163 of the CEQA Guidelines (Title 14, Chapter 3 of the California Administrative Code) requiring a subsequent or supplement environmental impact report can be made and, therefore, further environment review is not required pursuant to the authority of Section 15180 of the CEQA Guidelines. h. This First Amendment pertains to and affects the ability of all parties to finance and carry out their statutory purposes, contractual obligations, and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 535 1 I. Section 2. The Board of Directors hereby approves that certain agreement entitled "First Amendment to Owner Participation by and between the Redevelopment Agency of the City of Temecula and Costco Wholesale Corporation" dated as of November 9, 1999 and authorizes the Chairperson to execute the Agreement on behalf of the Agency in substantially the form attached hereto as Exhibit A. Changes to the Agreement or to the parties to the Agreement may be made provided that such changes are approved by the Executive Director and Agency Counsel. In addition, the Executive Director is hereby directed and authorized to execute such other documents as may be necessary or convenient to implement the terms of said Agreement. 10/8/99 i:\data\148\coslco - 2 - Section 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of the Resolution. The Board of Directors of the Redevelopment Agency hereby declares that it would have adopted this Resolution, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula this 9 day of November, 1999. ATTEST: Karel F. Lindemans, Chairperson Susan Jones, CMC/AAE Secretary/City Clerk 10/8/99 i:\dala\148\coslco - 3 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, California, do hereby certify that Resolution No. RDA99- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on this 9 day of November, 1999, by the following vote: A YES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan Jones, CMC/AAE Agency Secretary/City Clerk 10/8/99 i:\data\148Xcostco - 4 - Recorded at the Request of and When recorded return to: Susan Jones, Secretary Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, Ca. 92589-9033 Exempt from Recording Fees Pursuant to Government Code Section 6103 and 27383 FIRST AMENDMENT TO "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEI~IECULA AND COSTCO WHOLESALE CORPORATION, A WASHINGTON CORPORATION" THIS FIRST AMENDMENT is made and entered into as of November 9, 1999 by and between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency") and Costco Wholesale Corporation, a Washington corporation ("Participant"). In consideration of the mutual covenants and agreements contained herein, the Agency and the Participant agree as follows: 1. This First Amendment is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge and agree are true and correct: a. On July 23, 1991, the Agency and Participant entered into that certain agreement entitled "Owner Participation Agreement by and between the Redevelopment Agency of the City of Temecula and Costco Wholesale Corporation, a Washington corporation" COPA"). b. The OPA was recorded on July 19, 1991 as Document No. 246563 in the Official Records of the County of Riverside. The OPA pertains to certain real property described in the OPA as the "Site" and which Site is described on Exhibit A., attached hereto and incorporated herein as though set forth in full. c. The OPA provides that Participant shall build a retail facility on the Site in accordance with land use entitlements approved by the City and, in return, the Agency would make annual payments to the Participant over a period of 12 years. The annual payments would be made from Agency funds in an amount based on the amount of sales tax revenues reported to the State from the Site, but the payments would not exceed a total of $2.5 million over the 12 year period. The Participant \\TEMEC_FS 101 \VOL 1 \Depts\REDEV\Agreements\costcoopa completed the retail facility and the Agency has recorded the Certificate of Completion required by the OPA. d. Section 1.1 of the OPA provides that "Redevelopment of the Site will be of direct benefit to the Project Area because it will create a major retail facility capable of attracting many customers to the commercial areas located adjacent to the Site and within the Project Area. The project proposed by [the OPA] will provide a major retail anchor for the commercial area within the Project Area and will encourage further retail development within the Project Area, thereby contributing sales taxes and other revenues to the City and generating employment opportunities." e. Since adoption of the OPA in 1991, the area across Winchester Road from the Site and within the Project Area has indeed developed into a major retail area. One of the impacts of this new development will be the diminution of commercially viable retail areas on and adjacent to the Site and the potential negative impact such a condition will have upon the Project Area. f. In order to induce Participant to redevelop and encourage the development of commercially viable retail operations on the Site and to prevent the negative impacts on the Site and the nearby Project Area as described in this Section, it is necessary to expand the sources of revenue upon which the annual payments are calculated so as to continue the assistance payments for the initial development of the Site as described in the OPA. Participant is agreeing to use commercially reasonable efforts to find alternative retail uses for the Site if the retail business currently occupying the Site moves to another location or if subsequent retail uses on the Site cease operations for any reason. g. This First Amendment pertains to and affects the ability of all parties to finance and carry out their statutory purposes, contractual obligations, and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 535 11. 2. Participant agrees to diligently and in good faith, use commercially reasonable efforts to find an alternative retail use for the Site if the retail business currently occupying the Site moves to another location or if subsequent retail uses on the Site cease operations for any reason. 3. The phrase "the sales taxes actually received by the City of Temecula from the Site ('Sales Taxes')" as used in Section 2.6.B. of the OPA is hereby deleted and in its place is substituted the phrase "the sales taxes actually received by the City of Temecula from the Site and from Participant' s retail businesses located within the Project Area." 10/8/99 1480991 4. Subsection B. of Section 2.6, Agency Assistance with Development, is hereby amended by adding a new subparagraph at the end of Subsection B., which reads as follows: "Beginning January 1, 2000 the maximum annual payment to Participant pursuant to this Section shall be three hundred thousand dollars ($300,000.00)." 5. Section 1.4 of the OPA is hereby amended to provide that the current address of the Agency is 43200 Business Park Drive, Post Office Box 9033, Temecula, Ca. 95589-9033, and the current address of the Participant is 999 Lake Drive, Issaquah, WA 98027, Attention: Legal and Real Estate. 6. Except as specifically set forth herein, all other terms and conditions of the OPA shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this First Amendment as of the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Karel Lindemans Chairperson ATTEST: Susan Jones, CMC Secretary APPROVED AS TO FORM: Peter M. Thorson Counsel to the Agency 1018199 1480991 0 3 COSTCO WHOLESALE CORPORATION, a Washington corporation By: Name: Title: By: Name: Title: 10/8/99 1480991 0 - 4 - State of California County of Riverside ALL-PURPOSE ACKNOWLEDGMENT ) ) On , 1999, before me, , personally appeared [] H personally known to me -OR- 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/her/their 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. SIGNATURE OF NOTARY D [] INDIVIDUAL(S) OFFICER(S) (TITLE[S]): CAPACITY CLAIMED BY SIGNER [l D D H D D H PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR CHAIRPERSON/MAYOR OTHER: SIGNER IS REPRESENTING: 10/8/99 1480991 0 ' 5 ' State of California County of Riverside ALL-PURPOSE ACKNOWLEDGMENT ) ) On , 1999, before me, , personally appeared [] [1 personally known to me -OR- 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/her/their 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. SIGNATURE OF NOTARY [1 [1 INDIVIDUAL(S) OFFICER(S) (TITLE[S]): CAPACITY CLAIMED BY SIGNER [] D [1 O O D O PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR CHAIRPERS ON/MAYOR OTHER: SIGNER IS REPRESENTING: 10/8/99 1480991 0 ' 6 ' EXHIBIT NO. 1 SITE MAP AND LEGAL DESCRIPTION OF SITE [TO BE INSERTED BY AGENCY STAFF] 10/8/99 1480991 0 - 7 - ITEM 3 CiTY MANAGER ,~~'~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: Executive Director/Agency Members John Meyer, Housing and Redevelopment Manager DATE: November 9, 1999 SUBJECT: Purchase and Sale Agreements for Residential Sites in the North Pujol Area Prepared By: Joyce Powers, Senior Redevelopment Analyst RECOMMENDATION: 1. Adopt a Resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 42291 SIXTH STREET IN THE CITY OF TEMECULA 2. Adopt a Resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 42230 SIXTH STREET IN THE CITY OF TEMECULA BACKGROUND: In an effort to implement the General Plan Housing Element and the Redevelopment Implementation Plan, staff has pursued the acquisition of certain parcels of land in the Pujol area as directed by the Agency Board dudng Closed Session. \\TEMEC_FSl01\VOL1XDepts~REDEVXPowetsj\Aoquisitions\SlaffRepo~s\pSAs Ciais-Wedek 11-09-99.doc l Based on fair market value appraisals, staff has negotiated the following purchase prices for the subject properties: 42291 Sixth Street (APN 922-052-011) Ciais Purchase pdce: $135,000 , 42230 Sixth Street (APN 922-053-004) Wedeking Purchase price: $116,000, plus relocation costs in the amount of $22,500 Based on ea~ier Agency Board direction, the Executive Director was authorized to prepare the necessary purchase documents subsequent to the completion of the required Phase 1 Environmental Site Assessments. The Board further authorized expenditures of up to $296,200 from the RDA Housing Fund for acquisition, demolition, relocation, environmental assessment reviews, and dosing costs. Staff was also directed to return to open session for approval of the Purchase and Sale Agreements. Phase I Environmental Assessments have subsequently been conducted on both parcels to determine the presence of any hazardous waste or unacceptable soil conditions. Each report revealed no evidence of recognized soil conditions in connection with the property and no further action is required. Therefore, staff recommends the adoption of the listed Resolutions approving the respective attached Purchase and Sale Agreements. FISCAL IMPACT: The $296,200 will be funded by the RDA Low to Moderate Housing Fund. One million dollars has been approved in the FY 99-00 Capital Improvement Program for Affordable Housing Pujol Neighborhood. ATTACHMENTS: 1. Resolution No. 99- 2. Resolution No. 99- and Purchase and Sale Agreement - Ciais and Purchase and Sale Agreement - Wedeking \\TEMEC_FS 10 1 \VOL lXDeplsXP,.EDEVxpowersjXAequisitions\Staff Reports\PSAs Ciais-Wedek 11-09-99.doc 2 ATTACHMENT 1 RESOLUTION AND PURCHASE AND SALE AGREEMENT 42291 SIXTH STREET (CIAIS) RESOLUTION NO. RDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREE- MENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 42291 SIXTH STREET IN THE CITY OF TEMECULA THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Re, development Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at 42291 Sixth Street in the City of Temecula (APN 922-052-011) for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq. c. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition of the property. None of the conditions described in 14 Cal. Admin. Code § 15162 are found to exist. Therefore, pursuant to the provisions of CEQA F:\DEPTS\REDEV\Powersj\Acquisitions\Resolutions\Ciais.doc and, specifically, 14 Cal. Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental Impact Report is required for the subject agreement. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain "Purchase and Sale Agreement and Escrow Instructions" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Ciais Family Revocable Trust, Dated July 31, 1989, which Purchase Agreement is dated as of November 9, 1999. The Chairperson of the Agency is hereby authorized and directed to execute the Agreement on behalf of the Agency. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on November 9, 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC/AAE Agency Secretary/City Clerk [SEAL] F:\DEPTS\REDEV\Powersj\Acquisitions\Resolutions\Ciais.doc STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan W. Jones, Secretary of the Redevelopment Agency, do hereby certify that the foregoing Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 9 th day of November , 1999, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. Jones, CMC/AAE Agency Secretary/City Clerk F:\DEPTS\REDEV\Powersj\Acquisitions~Resolutions\Ciais.doc PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of November 9, 1999 by and between Ciais Family R~evocable Trust, Dated July 31, 1989 ("Seller"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the premises operative provisions and the recitals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. and purposes are true and correct: The parties hereto represent to each other that the following facts a. On August 9, 1999 the Agency delivered Seller an offer (the "Offer") to purchase the real property described in Exhibit "A" attached hereto and made a part hereof(the "Property"). b. Following delivery of the Offer Agency and Seller negotiated terms by which the Agency would acquire the Property so as to avoid eminem domain proceedings and now desire to set forth in this Agreement the terms and conditions of the Agency's acquisition of the Property. c. Agency intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other governmental entities for public purposes. 2. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Agency, and Agency agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 3. Purchase Price. The purchase price for the Property to be paid by Agency is the sum of One Hundred Thirty-Five Thousand Dollars ($135,000.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. The Agency will pay all closing costs. 4. Title and Ti~e Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the ti~e commitment to Agency and Seller. Agency's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure R:\powersj\acquisitions\psa\ciais Agency's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights- of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions approved by Agency within fifteen (15) business days aRer the date Agency receives the title commitment and legible copies of all instruments noted as exceptions therein. If Agency unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Agency (less Agency's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Agency conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Agency may, at Agency's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a retired of all ~mds deposited into Escrow (less Agency's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Agency's fee title to the Property shall be free and clear of all monetary encumbrances. 5. Grant Deed. Seller covenants 'and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Agency the Property. The Grant Deed shall be in a form satisfactory to Agency and Agency's counsel and shall be accepted by Agency prior to recording. 6. Authorization to Record Documents and Disburse Funds. a. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been ful~lled: (1) Title Company can issue in favor of Agency the Policy, showing the Property vested in Agency subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received Agency's notice of approval or satisfaction or waiver of all of the contingencies to Agency's obligations hereunder, as provided for in Section 12.; and (3) Seller shall have deposited in Escrow the Grant Deed required by Section 5. b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 7. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall g/3o/99 RDA P~b~ ~ - 2 - mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Agency and Seller. Close of Escrow shall be the date upon which the Grant Deed to Agency is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Char~es and Prorations. Agency shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Agency shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Agency shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to Agency and Agency's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Agency shall give Seller reasonable notice before going on the Property. Agency does hereby indemnify and forever save Seller, Sellers heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Agency's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Agency fails to acquire the Property due to Agency's default, this license shall terminate upon the termination of Agency's right to purchase the Property. In such event, Agency shall remove or cause to be removed all Agency's personal property, facilities, tools and equipment from the Property. 10. Warranties and Reoresentations of Seller. Seller hereby represents and warrants to Agency the following, it being expressly understood and agreed that all such represe-..~ons and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: 8/3o/99 RDA Pur~a~= Ag~-t~nt - 3 - a. That (i) on the Close of Escrow the Property shall be flee and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Agency, Seller shall indemnify, protect, defend and hold harmless Agency from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property free and dear of all liens, claims, encumbrances, easemems, eneroaehrnents from adjacent properties, eneroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Agency, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Agency harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or coreractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. FULL PAYMENT OF ALL OBHGATIONS OF AGENCY. It is understood and agreed between Seller and Agency that the payments made to Seller as set forth in this g/30/~9 RDA hs~a,s~ ASr~-m~t - 4 - Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, preeondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Reloeation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Agency has advised Seller of the possible availability of such reloc~ion assistance rights to Seller and that the waiver of all rights by Seller herein set forth are free and voluntary. 12. A~,encv's Contingencies. a. For the benefit of Agency, the Closing of Escrow and the Agency's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Agency's written waiver thereof, it being agreed that Agency can waive any or all such contingencies) 6n or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of Agency of a CLTA Standard Coverage Owners Policy of Title Insurance with liability equal to the Purchase Price showing Agency's fee interest in the Property subject only to the Permitted Title Exceptions. (4) Agency's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Agency might perform prior to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days at~er the date of this Agreement. b. In the event one or more of the contingencies occurs, the Agency shall be entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set forth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by Agency, it will suffer no damages resulting from the termination or Agency's enactment of the Resolution and that Agency shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. 1:t. Certification of Non-Forei~,n Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 2613 1, prior to the Close of Escrow. 14. .Default. Except as otherwise provided in this Agreement, in the event of a breach or default under this Agreement by either Agency or Seller, the non-defaulting party shall have, in addition to all fights available at law or equity, the fight to terminate this Agreement and the Escxow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Agency is the non-defaulting party, Agency shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service..A2 copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: Executive Director SELLER: Esther Ciais 28793 Via Zapata Murrieta, California 92563 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Attn: Deborah Newton Escrow No. 16. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Agency shall not be liable for any such fees or claims and Seller shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 17. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Agency and Seller and deposited with Escrow Holder. 19. Miscellaneous. a. Anplicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire A~reement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Agency and Seller on the subject matter hereof No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Agency. c. Successors and Assi~,ns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow eompany's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the oppommity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. s/3o/99 RDA hrgh~ ASh,ram - 7 - g. Seller Consultations. SeUer has reviewed the terms of the sale of its property to the Agency and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Sellor warrants and represents to the Agency that except for the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the Agency, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the Agency for such changes. h. Executive Director's Authority. The Executive Director is here~oy directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enfor~, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 21. Assignment. Agency may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Agency of any of its obligations under this Agreement. 22. Escrow HoMer Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and Agency and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. g/30/~9 RDA ~ Agroom~t ~ 8 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Esther Ciais, Trustee REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic: Karel Lindemans Chairperson ATTEST: By Susan Jones, Agency Secretary APPROVED AS TO FORM: By Peter M. Thorson Agency Attorney 1/30/99 RDA Pmoimo Agmm~ - 9 - EXHIBIT "A" Legal Description of the Property The Southeast 155 feet of Lot 1 and 2 in Block 38 of Town of Temecula, as per map recorded in Book 15, Page 726 of Maps, in the office of the County Recorder of San Diego County, California. ATTACHMENT 2 RESOLUTION AND PURCHASE AND SALE AGREEMENT 42230 SIXTH STREET (WEDEKING) RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVEL- OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREE- MENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 42230 SIXTH STREET IN THE CITY OF TEMECULA THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at 42230 Sixth Street in the City of Temecula (APN 922-053-004) for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq. c. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition of the property. None of the conditions described in 14 Cat. Admin. Cede § 15162 are found to exist. Therefore, pursuant to the provisions of CEQA R:\powersj\acquisitions\Reso\wedeking and, specifically, 14 Cal. Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental Impact Report is required for the subject agreement. Section 2. The Board of Directors of the Re. development Agency of the City of Temecula hereby approves that certain "Purchase and Sale Agreement and Escrow Instructions" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Vance M. Wedeking, which Purchase Agreement is dated as of November 9, 1999. The Chairperson of the Agency is hereby authorized and directed to execute the Agreement on behalf of the Agency. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on November 9, 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC/AAE Agency Secretary/City Clerk [SEAL] R:\powersj\acquisitions\Reso\wedeking STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan W. Jones, Secretary of the Redevelopment Agency, do hereby certify that the foregoing Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopmerit Agency at a regular meeting thereof held on the __9 th day of November , 1999, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. 3ones, CMC/AAE Agency Secretary/City Clerk R:\powersj\acquisitions\Reso\Wedeking PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of November 9, 1999 by and between Vance M. Wedeking ("Seller"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the premises operative provisions and the recitals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. and purposes are true and correct: The parties hereto represem to each other that the following facts a. On October 4, 1999 the Agency delivered Seller an offer (the "Offer") to purchase the real property described in Exhibit "A" attached hereto and made a part hereof(the "Property"). b. Following delivery of the Offer Agency and Seller negotiated terms by which the Agency would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the Agency' s acquisition of the Property. c. Agency iraends to use the Property for public purposes allowed by law, including, but not limited to; subsequent conveyance of the Property to other governmental entities for public purposes. 2. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Agency, and Agency agrees to buy the Property from Seller, on the terms and conditions hereinai~er set forth. 3. Purchase Priceaidocation Benefits. The purchase price for the Property to be paid by Agency is the sum of one hundred sixteen thousand dollars ($116,000.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow together with Agency's share of the closing costs. Agency shall pay to Owner on the Close of Escrow the sum of twenty-two thousand five hundred dollars ($22,500.00) for relocation assistance and benefits pursuant to Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of Califomia (Section 7260, et seq.).] 4. Title and Ti~e Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a ti~e commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title R:~owersj~acquisitkms~°SAs\W~kicing commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Agency and Seller. Agency's fee ti~e to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the mount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Ageney's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights- of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions approved by Agency within fifteen (15) business days at~er the date Agency receives the title commitment and legible copies of all instruments noted as exceptions therein. If Agency unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Agency (less Agency' s share of escrow cancellation charges), and this Agreemere shall be of no further force or effect. If Agency conditionally disapproves any such exceptions, then Seller shall use Sell~s best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Agency may, at Agency's option, either accept the Property subject to such encumbrances, or terminate ~e Escrow and receive a refund of all funds deposited into Escrow (less Agency' s share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Agency's fee title to the Property shall be free and clear of all monetary encumbrances. 5. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Agency the Property. The Grant Deed shall be in a form satisfactory to Agency and Agency's counsel and shall be accepted by Agency prior to recording 6. Authorization to Record Documents and Disburse Funds. a. Escrow Holder is hereby authorized to record the doeumems and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been rutfilled: (1) Title Company can issue in favor of Agency the Policy, showing the Property vested in Agency subject only to the Permitted Title Exceptions. Escrow .Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received Agency's notice of approval or satisfaction or waiver of all of the contingencies to Agency' s obligations hereunder, as provided for in Section 12.; and (3) Seller shall have deposited in Escrow the Grant Deed required by Section 5. b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuanc~ of the Policy, including the Grant Deed. R:¥owe~j~aequisilions~SA Wedeking -2- 7. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shah have received a fully executed original of this Agreement from Agency and Seller. Close of Escrow shall be the date upon which the Grant Deed m Agency is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Char,,es and Prorations. Agency shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Agency shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Agency shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to Agency and Agency' s authorized agents, contractors, consultants, assigns, attorneys, ac6ountants and other representatives an irrevocable license to enter upon the Property for the purpose of maldng inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Agency shall give Seller reasonable notice before going on the Property. Agency does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, flee and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, clairns or judgments, whether or not arising from or occurring out of any damage to the Property as a remit of any accident or other occurrence at the Properly which is in any way connected with Agency's inspections or non-pennanent improvements involving entrance onto the Property pursuerot to this Section. If Agency falls to acquire the Property due to Agency's default, this license shall terminate upon the termination of Agency's right to purchase the Property. In such event, Agency shall remove or cause to be removed all Agency's personal property, facilities, tools and equipment from the Properly. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Agency the following, it being expressly understood and agreed that all such representations and warranties are to be tree and correct as of the Close of Escrow and shall survive the Close of Escrow: R:¥owersj~aeq~.qitions~PSA Wedeking -3- a. That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Agency, Seller shall indemnify, protect, defend and hold harmless Agency from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste there~'om, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Agency, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmen's or similar claims or liens presc~ftly claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Agency harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. FULL PAYMENT OF ALL OBLIGATIONS OF AGENCY. It is understood and agreed between Seller and Agency that the payments made to Seller as set forth in this R:~l, owenj~xlui~t~ion~XPSA,Wed~king - 4 - Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondenmation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Agency has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth are flee and voluntary. 12. A~encv's Contin~,encies. a. For the benefit of Agency, the Closing of Escrow and the Agency' s obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Agency' s written waiver thereof, it being agreed that Agency can waive any or all such contingencies) 6n or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of Agency of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Agency's fee interest in the Property subject only to the Permitted Title Exceptions. (4) Agency's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Agency might perform prior to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days at~er the date of this Agreement. b. In the event one or more of the contingencies occurs, the Agency shall be entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set forth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by Agency, it will suffer no damages resulting from the termination or Agency' s enactment of the Resolution and that Agency shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. e,:Xpo~jX~q~tsion~PS~W,d~ki~ - 5 - 13. Certification of Non-Foreipn Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 2613 1, prior to the Close of Escrow. 14. Default. Except as otherwise provided in this Agreement, in the event of a breach or default under this Agreement by either Agency or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Agency is the non-defaulting party, Agency shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: Executive Director SELLER: Vance M. Wedeking 42230 Sixth Street Temeeula, California 92590 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Attn: Deborah Newton Escrow No. 16. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Agency shall not be liable for any such fees or claims and Seller shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. R:'l~°w~m~/~a°quis~si~am~PSA'We&4tiag - 6 - 17. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Agency and Seller and deposited with Escrow Holder. 19. Miscellaneous. a. Annlicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire At,reement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Agency and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof SeLler and Agency acknowledge that no person has made, any representation, warranty, guaranty or promise exce~ as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Agency. c. Successors and Assi~rns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the panics hereto. d. Time of Essence. The parties wAmowledge that time is of the essen~ in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shah not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. R:~oowmS~a~ui~tsio~PS.~Wodd~ - 7 - g. Seller Consultations. Seller has reviewed the terms of the sale of its property to the Agency and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Seller warrants and represents to the Agency that except for the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the Agency, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the Agency for such changes. h. Executive Director's Authority. The Executive Director is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or imerpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 21. Assignment. Agency may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Agency of any of its obligations under this Agreement. 22. Escrow HoMer Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and Agency and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Vance M. Wedeking REDEVELOPMENT AGENCY OF ~ CITY OF TEMECULA, a public body, corporate and politic: Karel Lindemans Chairperson ATTEST: By Susan Jones, Agency Secretary APPROVED AS TO FORM: By Peter M. Thorson Agency Attorney Legal Description of the Property The Southwesterly 120 feet of the Northwesterly 70 feet of the following described property: The Northwesterly half of that tract of land formerly used as a railroad fight of way and station grounds of the Atchinson, Topeka and Santa Fe Railroad Company, conveyed to N.R. Vail et al, by Deed recorded June 11, 1940 in Book 484 Page 505 of Official records, Riverside County Records said property being described as follows: BEGINNING at the most Southerly comer of Lot 1 in Block 27, as shown by Map of Temecula on file in Book 15, Page 726, of Maps San Diego County Records; THENCE Southerwesterly in a straight line to most Easterly comer of Lot 1 in Block 36 as shown by said Map; THENCE Northwesterly in a straight line to the most Northerly comer of Lot l0 in Block 37 as shown by said Map; THENCE Northeasterly in a straight line to the most Westerly comer of Lot 22 in Block 25 as shown on said Map; THENCE Southwesterly in a straight line to the point of beginning. Said Southwesterly 120 feet being measured from the Northeasterly line of Pujol Street. R:\powersj\acquisi~ions\PSA.Wedeking ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~~' DIRECTOR OF FINA CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Agency Board John Meyer, Housing and Redevelopment Manager ~ November 9, 1999 Time Extension for Development of Affordable Housing RECOMMENDATION: That the Agency Board Adopt a Resolution Entitled: RESOLUTION RDA NO. 99__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA EXTENDING THE TIME FOR DEVELOPMENT OF LOW AND MODERATE INCOME HOUSING ON APPROXIMATELY 40 ACRES OF REAL PROPERTY OWNED BY THE AGENCY FOR LOW AND MODERATE INCOME HOUSING AT THE SOUTHWEST CORNER OF DIAZ ROAD AND CHERRY STREET BACKGROUND: The Redevelopment Agency acquired approximately 40 acres of property located at the southwest corner of Diaz Road and Cherry Street for use as affordable housing in November of 1994. State law requires that within 5 years of acquisition, an Agency must initiate activities that eventually result in the provision of affordable housing. Together with the Agency's focus on the revitalization of the Pujol Street neighborhood and difficulties related to developing the subject property, no steps have been taken to develop this property for affordable housing. It is therefore necessary to extend the time within which the Agency must proceed with the development of the property. Pursuant to State Law, the Agency can, through the attached resolution, extend the time period for another five years. FISCAL IMPACT: This action has no fiscal impact. Attachments: Resolution for Extension of Time \\TEMEC_FS 101 \VOLt \DEPTS\REDEV~HOUS ING\NWsports park extension.doc October 27, 1999 1 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA EXTENDING THE TIME FOR DEVELOPNIENT OF LOW AND MODERATE INCOME HOUSING ON APPROXIMATELY 40 ACRES OF REAL PROPERTY OWNED BY THE AGENCY FOR LOW AND MODERATE INCOME HOUSING AT THE SOUTHWEST CORNER OF DIAZ ROAD AND CHERRY STREET THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula does hereby find, determine and declare that: a. The Agency acquired approximately 40 acres of property located at the southwest corner of Diaz Road and Cherry Street ("Property") for use as low and moderate income housing utilizing money from the Agency's Low and Moderate Income Housing Fund as authorized by Health and Safety Code Section 33334.2. The purchase was approved on November 15, 1994. b. Health and Safety Code Section 3334.16 provides that within five years from the date an Agency first acquires an interest in real property for development of low and moderate income housing, the Agency shall "initiate activities consistent with the development of the property" for low and moderate income housing. c. Since the Agency acquired the property in November 1994 for low and moderate income housing purposes, the Agency staff has investigated the feasibility of using the Property for low and moderate income housing and has identified a number of significant constraints on development. A significant portion of the Property is located in a flood plain and cannot be developed with structures of any kind in its present state. Development of residential units on the Property will require extensive grading to elevate the building sites to acceptable locations above the flood plain. Current estimates place the cost of such grading at approximately $2 million. Additionally, a portion of the Property is located on an earthquake fault line further reducing the land available for development. Another factor in developing the Property for low and moderate income housing is the lack of neighborhood commercial amenities available for a housing project, particularly a senior housing project, such as markets, drugstores, or cleaners as well as recreational facilities and transportation infrastructure. Neighborhood commercial uses have developed east of the 1-15 \\TEMEC_FS101 ~VOL1 \Depts\REDEV~HOUSING\RESOLUTIONSMowmodincornhsing Freeway and senior facilities have been developed in the Old Town/Pujol street areas. While a mixed used residential/commercial development would solve such concerns, the Property does not appear to be able to support such uses on its own standing alone and is located outside of the Project Area, making redevelopment assistance difficult. d. It is therefore, necessary to extend the time within which the Agency must initiate development of low and moderate income housing on the Property pursuant to Health and Safety Code Section 3334.16. Staff will continue to evaluate the feasibility of a low and moderate income housing development on the Property. If it appears a low and moderate income housing development is not feasible for the Property, Staff will evaluate whether the Agency should sell the Property, returning the proceeds of the sale to the Low and Moderate Income Housing Fund, or exchange the Property for other property which is equivalent in terms of its ability to support low and moderate income housing as required by Health and Safety Code Section 33334.16. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally an environment review was completed and approved in 1991 for the approval of the land use entitlements for the site. The action being approved by this Resolution relates to the calculation of the Agency' s financial assistance to an existing project and, therefore, has no effect on the environment. None of the findings set forth in Sections 15162 or 15163 of the CEQA Guidelines (Title 14, Chapter 3 of the California Administrative Code) requiring a subsequent or supplement environmental impact report can be made and, therefore, further environment review is not required pursuant to the authority of Section 15180 of the CEQA Guidelines. Section 2. Pursuant to the authority of Health and Safety Code Section 33334.16 and the findings set forth in Section 1. of this Resolution, the Board of Directors hereby extends the period during which the Agency must initiate activities for the development of low and moderate income housing on the Property for an additional period of five (5) years, which additional period shall expire on November 15, 2004. 10/25/99 1481179.doc ' 2 ' PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula this 9~h day of November, 1999. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC/AAE Agency Secretary/City Clerk 10/2~/99 l~ll~9.do~ ' 3 ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, California, do hereby certify that Resolution No. RDA99- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on this 9' day of November, 1999, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Susan W. Jones, CMC/AAE Agency Secretary/City Clerk 10/25/99 1481179.doc ' 4 ' ITEM 5 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT Executive Director and Agency Members Jim O'Grady, Assistant City Manager November 9, 1999 Sale of Reeves Property to Richardson R.V. Center PREPARED BY: Grant Yates, Assistant to the City Manager RECOMMENDATION: That the City Council approve the First amendment to Agreement for Purchase and Sale and Joint Escrow Instructions for the Reeves property located at 27500 Jefferson Avenue to Richardson R.V. Center BACKGROUND: The Redevelopment Agency acquired this property in exchange for the Ynez property, where the current Norm Reeves car dealership is located, in 1993. This exchange was completed to facilitate moving Norm Reeves Honda from the Jefferson location to the Ynez location to help create the Temecula Auto Mall. Following this exchange, Reeves leased the property back from the RDA to accommodate the needs of their used car dealership. The lease between Reeves and the RDA allowed Reeves to sublease this property to a third party. Richardson R.V. Center became the leasing third party. The lease with Reeves also allows for them to purchase the property for $2,000,000 or to allow a third party to do the same, which Richardson's has agreed to do. In addition, the purchase pdce of $2,000,000 has been confirmed in a recent, independent appraisal. The Agency had previously approved the Purchase and Sale Agreement, which allows this transaction to proceed. At the time when the property was sold to the RDA, Reeves assumed responsibility for any environmental hazards that were contained on the property. It was subsequently determined that there was ground water contamination on the site due to a leaking fuel tank. Reeves has lived up to their obligations and has assumed full responsibility for this clean up. Since the Agency approved the Sale Agreement, the Richardson's lender has asked for additional assurances that the Agency would be responsible for clean up of ground water contamination if, for any reason, Reeves could not do so. The RDA, as owners of the property, are responsible for the clean-up only if Reeves defaults on their responsibility. Staff feels this possibility is remote, especially given the fact that Reeves is in the final stages of getting this clean-up project approved through the regulatory agencies, and is ready to begin this clean up project immediately. The City Attorney's Office has created the necessary contract language to ensure that the RDA is in second position for the clean up and only in the event that Reeves defaults. With these legal protections in place, staff recommends approval of the attached contract amendment. FISCAL IMPACT: The RDA would receive $2,000,000 from this transaction. The current Capital Improvement Program budget has programmed this money as revenue for needed projects throughout the City. GLENN R WATSON HARRY L GERSHON DOUGLAS W. ARGUE MARK L LAMKEN ALLEN E. RENNBTT ~TEVEN L, DORSBY WILLIAM L STRAUSZ MITCHELL E. ABBOTT TIMOTHY L. NEUFELD GREGORY W STERANICICH ROOHBLLE BROWNE MICHAEL JENKINS WILLIAM B, RUDELL QUINN M BARROW CAROL W, LYNCH JEFFREY A. RABIN GREGORY M. KUNERT THOMAS M JIMBO ROBERT C CECCON SAYRE WEAVER STEVEN H. KAUFMANN GARY E GANS JOHN J HARRIS KEVIN G ENN~S ROBIN D, HARRIS MICHAEL ESTRAOA STEVEN R. ORR MICHAEL G. COLANTUONO B. TILDEN KIM SASKIA T. ASAMURA MARIBEL S. MEDINA RICHARDS, WATSON & GERSHON A'F]'ORNEYS AT LAW A PROFESSIONAL CORPORATION THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1469 (213) 626-8484 FACSIMILE (21 3) 626-0078 October 26, 1999 RICHARD RICHARDS SAN FRANCISCO OFFICE SUITE 960 FORTY-FOUR MONTGOMERY STREET SAN FRANCISCO, CAL~FOBNIA 94104-4611 (415} 421-8484 FACSIMILE (415) 421-8486 ORANGE COUNTY OFFICE NUMBER ONE CIVIC CENTER CIRCLE BREA, CALIFORNIA 92821 (714) 990-0901 FACSIMILE (714) 990-6230 WILLIAM K_ KRAMER 1492331 11086-00001 TO: FROM: Mr. James O'Grady City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Saul Jaffe ~Y5 RE: Richardson ENCLOSED PLEASE FIND: Original copy of First Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions For your files. For your information. For your use. For review and/or comments. In accordance with your request. Please sign and return. Please telephone me. Please advise me how to reply. Please advise me how you wish to proceed. Please sign, date and return copy to acknowledge receipt. REMARKS: SS:hjw 1492331 FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS This FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS is made and entered into this __ day of , 1999 (the "Effective Date") by and between (i) the Redevelopment Agency of the City of Temecula ("Seller"), and (ii) (a) Raymond T. Richardson and Linda A. Richardson, husband and wife as tenants in common as to a 1/3 interest, (b) Steve M. Richardson and Carol D. Richardson, husband and wife as tenants in common as to a 1/3 interest, and (c) Mark A. Richardson and Anita L. Richardson, husband and wife as tenants in common as to a 1/3 interest (collectively "Buyer"), with respect to the following facts: RECITALS: A. Seller and Buyer are parties to the that certain Agreement of Purchase and Sale and Joint Escrow Instructions made and entered into as of the day of March, 1999 (the "Agreement"). Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed to them in the Agreement. B. Seller and Buyer desire to amend the Agreement in order to extend certain performance dates and provide Buyer's lender with certain assurances in respect of the environmental remediation of the Property. AGREEMENT: 1. Extension of Performance Dates. For purposes of calculating all performance Dates under the Agreement the "Effective Date" under the Agreement shall be the Effective Date of this First Amendment. For example if the Effective Date of this First Amendment is November 1, 1999, the Effective Date of the Agreement shall be November 1, 1999. 2. Lender Assurances. Seller has been informed by Buyer that Buyer's Lender is willing to finance Buyer's purchase of the Property upon receipt of certain assurances from Seller. Accordingly, in order to facilitate the development of the Property, Seller is willing to provide Buyer's lender with (i) a reliance letter generally in the form of Exhibit A, attached hereto and incorporated herein by this reference, and (ii) such further documents as are approved by the Executive Director of Buyer. 3. No Further Amendments. Except as specifically amended herein, the terms and conditions of the Agreement shall continue in full force and effect. [SIGNATURES FOLLOW] 990921 11086-00001 ~w 1492228 0 "Buyer" By' Raymond T. Richardson By' Linda A. Richardson By' Steve M. Richardson By' Carol D. Richardson By' Mark A. Richardson By' Anita L. Richardson "Seller" Redevelopment Agency of the City of Temecula By: Chairperson ATTEST: Approved as to form: By: Secretary Agency Counsel APPROVED: Donna L. Reeves Trust Dated 7-25-90 By: Donna L. Reeves, Trustee 990921 11086-00001 ~w 1492228 0 - 2 - EXHIBIT "A" RELIANCE LETTER [To Be Placed on City of Temecula Letterhead] RE: 27500 Jefferson Road Dear Sirs: We understand you are in the process of ~nalizing the financing for the above- referenced property. We further understand that you require certain assurances from the Redevelopment Agency of the City of Temecula in respect of the environmental condition of the property and the potential remediation obligations in respect of the same prior to financing the purchase of the same by the Richardson parties. Pursuant to the terms of a January 25, 19994 Lease Agreement by and between Donna L. Reeves, as Trustee of the Donna L. Reeves Trust dated July 25, 1990 ("Reeves") and the Redevelopment Agency of the City of Temecula (the "Agency"), as amended, Reeves is obligated to remediate the environmental contamination of the Property. In the event Reeves fails to remediate an environmental contamination of the Property in accordance with its obligations, the Redevelopment Agency of the City of Temecula shall, within 160 days of receipt of a Notice of Demand from the lender setting forth with specificity the nature of Reeves remediation obligation breach, commence to remediate the environmental condition of the Property and continue to until the Property is remediated in accordance with California law. Notwithstanding the foregoing, nothing in this letter shall limit the Agency's rights in respect of Reeves. Very truly yours, Executive Director CO: Councilmembers Peter M. Thorson, Esq. 990921 11086-00001 ~w 1492228 0 ITEM 12 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager November 9, 1999 Planning Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219 - Paloma del Sol), Planning Application No. PA99-0283 (Development Agreement for the Villages @ Paseo del Sol, Community Shopping Center), Planning Application No. PA99-0284 (Development Plan - Appeal), and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431 - Appeal) Prepared by: Carole K. Donahoe, AICP, Associate Planner RECOMMENDATIONS: The Planning Commission recommends that the City Council: 1. ADOPT a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT NO ADDITIONAL ANALYSIS IS REQUIRED PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED AND THE GUIDELINES PROMULGATED THEREUNDER REGARDING PLANNING APPLICATION NOS. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219); PA99-0283 (DEVELOPMENT AGREEMENT FOR THE VILLAGES @ PASEO DEL SOL, COMMUNITY SHOPPING CENTER); PA99-O284 (DEVELOPMENT PLAN) AND PA99-0286 (TENTATIVE PARCEL MAP NO. 29431) 2. READ by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN \\TEMEC~FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 1 PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDES PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, HIGH DENSITY RESIDENTIAL, 9-12 DWELLING UNITS PER ACRE, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK 3. READ by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED "VILLAGES @ PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS l(a) & l(b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7" The Community Development Department - Planning Division recommends that the City Council: DENY the appeal of Planning Application No. PA99-0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431 ); UPHOLD the approval by the Planning Commission of Planning Application No. PA99-0284 (Development Plan) and Planning Application No. PA99-00286 (Tentative Parcel Map No. 29431); 6. ADOPT a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND PLANNING APPLICATION NO. PA99-0286 (TENTATIVE PARCEL MAP NO. 29431), AND UPHOLDING THE APPROVAL OF THESE PROJECTS BY THE PLANNING COMMISSION, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK BACKGROUND: On October 19, 1999 the City Council opened the public hearing for Amendment No. 7 to Specific Plan No. 219 - Paloma del Sol and the accompanying Development Agreement, which would enable the construction of Home Depot on State Highway 79 South. However, due to the appeal which had been filed by the Corona family, the Council continued the public hearing to November 9, 1999. It was the intent of the Council to concurrently hear the appeal of the Development Plan and Tentative Parcel Map approved by the Planning Commission on October 6, 1999. \\TEMEC~FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 2 DISCUSSION: Development Agreement Deal Points During the October 19, 1999 hearing, Councilmember Lindemans requested a list of deal points contained in the proposed Development Agreement. The list is as follows: 1. Term: 2. Reconstruction: 3. DIF: 4. Maintenance: 5. K-rat Fees: 6. MOU: 7. Maps: The Development Agreement has a 10 year life, with the ability of each parcel owner to enter into a Memorandum of Covenant for an additional 15 year period for the same vested rights. The developer may reconstruct improvements and reinstitute uses whether casualty damage is more than 50% or not, for a total period of 25 years. Developer shall receive $364,408.20 in DIF credits. The traffic medians and traffic circles in Campanula Way shall be maintained by the TCSD. The City acknowledges that all K-rat fees have been paid. The City shall use all reasonable efforts to assist Owner in amending the MOU with CalTrans to allow an additional right turn in and right turn out access point along State Highway 79 South. Maps shall expire at the end of the term of the Development Agreement. With regards to further details of the Specific Plan Amendment and the Development Agreement, staff refers you to the City Council Staff Report dated October 19, 1999, included herein as Attachment No. 5. The Appeal The Corona family filed a formal appeal of Planning Commission actions regarding this case after testifying at Commission hearings and offering written documentation to support their claim that the property owner had failed to comply with specific plan requirements to prohibit increased flood hazards to adjoining properties including the Corona Ranch. Their ranch is located at the northeast corner of Butterfield Stage Road and State Highway 79 south. In their Appeal, the Corona family requests that the Butterfield Stage Interceptor Channel be constructed before building permits are issued for Home Depot or any other development within the Paloma del Sol Specific Plan. The Appeal and supporting documentation are included in this staff report as Attachment No. 6. On October 27, 1999 staff held a series of meetings with Newland Communities, the majodty owner of the Paloma del Sol Specific Plan properties, their attorneys and consultants, as well as the Coronas and their attorney. All parties, along with Assessment District staff, are working on the resolution of drainage concerns, including the final design of the Butterfield Interceptor Channel, the completion of its feasibility analysis and cost estimate. Response to the Drainage Issue by the Applicant In response to the concerns raised, Newland Communities provided the Commission with information regarding the role of Assessment District 159, the construction of Butterfield Stage Road in 1993, the proposed Butterfield Interceptor Channel, and the construction of a 20-acre interim detention basin by Newland Communities. Newland has prepared a direct response to the Council regarding the Appeal, which is included in this staff report as Attachment No. 7. Response to the Drainage Issue by the Public Works Department Staff has reviewed the drainage issue and has determined that the Butterfield Stage Interceptor Channel was identified in the Environmental Impact Report (EIR) for the projects within \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 3 Assessment District No. 159 (AD 159). The Channel was shown in that document as a mitigation measure needed for the construction of Butterfield Stage Road. Responsibility for construction of the Channel is that of AD 159. Newland Communities agreed to be taxed to help fund the bonds for that and other AD 159 projects. However, the design and construction of the Channel rests with AD 159, and Newland has no control over that process. The Environmental Impact Repod for the Paloma del Sol Specific Plan does not address the issue since it was addressed and mitigated within the AD 159 EIR. While staff agrees that the issue needs to be resolved, we do not feel that there is a nexus between the Butterfield Stage Interceptor Channel and the four cases before the Council. The Channel is proposed to be built through AD 159, and Newland Communities has no control over the timing of that process. There was no indication within AD 159 documents as to the timing of Channel construction, so the City, in the past, required the construction of the Interim Detention Basin on property owned by Newland. This basin was to intercept any sheet flow across Butterfield Stage Road and to protect any downstream properties from flooding. The design of this basin was reviewed and approved by the Riverside County Flood Control District and City staff. The Corona family is concerned that Newland Communities will complete their projects without fulfilling their commitment for the Interceptor Channel. Newland has obligated their property through bond indebtedness for this work, but has no control over the construction. Staff has encouraged both parties to enter into a side agreement to resolve these concerns and allow the development applications to continue without threat of further litigation. This suggestion is still being considered. ENVIRONMENTAL DETERMINATION: Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the Riverside County Board of Supervisors on September 6, 1988. Addendum Nos. 1 and 2 were adopted by the City of Temecula City Council in 1992 and 1999 respectively. Addendum No. 3 is under consideration by the City Council on October 19, 1999 and November 9, 1999. This project proposes no change to the maximum number of units for Planning Area 8 as reviewed by Addendum No. 3. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstances under which the project is being undertaken which require major revision in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred. In addition, the previously certified EIR and Addendums addressed the number of lots for the site as proposed by Tentative Tract Map No. 24136, Amendment No. 2. Therefore, no further environmental analysis is required. Staff is recommending that the Council find and determine that no additional analysis is required pursuant to the requirements of CEQA. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 4 FINDINGS: Planning Application No. PA99-0285 ('Amendment No. 7 to Specific Plan No. 219) o , Amendment No. 7 as proposed and conditioned is compatible with the health, safety and welfare of the community. Amendment No. 7 is consistent with the goals and policies of the City's adopted General Plan. The project is compatible with surrounding land uses. The project proposes an overall reduction in the density and intensity of land uses. The proposed senior community option provides a greater diversity of housing products for the residents of the City of Temecula. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land uses of the site and is consistent with the overall concept of Specific Plan No. 219, Paloma del Sol. Amendment No. 7 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 235. Planning Application No. PA99-0283 ('Development Agreement) The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City Ordinances and Specific Plan No. 219. Planning Application No. PA99-0284 ('Development Plan) and Planning Application No. PA99-0286 (,Tentative Parcel Map No. 29431 The proposed land division and the design or improvement of the project is compatible with the General Plan designation and consistent with Specific Plan No. 219 (Paloma del Sol), Amendment No. 7. The site is physically suitable for the type and density of development. The General Plan Land Use designation for the site includes CC Community Commercial, OS Open Space, LM Low Medium Residential (3-6 dwelling units per acre) and H High Density Residential (13-20 dwelling units per acre). The proposal as designed and conditioned is consistent with these designations. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 219 (Paloma del Sol), the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The proposal as designed and conditioned provides adequate access and circulation. Future development plans for parcels within the project site will determine the suitability and location of all access points to those parcels 4. The map and development plan as proposed, conforms to the logical development of the site, and is compatible with the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The Fire Department has reviewed the Vehicle Plan submitted in conjunction with the Development Plan, for adequate emergency vehicle turning radii. The City Traffic Engineer has reviewed the project's Traffic Study with regards to public health and safety of the community. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doe 5 The design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an infill site. Furthermore, grading has already occurred at the site, which is a portion of a larger specific plan. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Attachments: City Council Resolution No. 99- finding and determining that no additional analysis is required pursuant to the requirements of CEQA - Page 7 City Council Ordinance No. 99- approving Planning (Amendment No. 7 to Specific Plan No. 219) - Page 11 a. b. Application No. PA99-0285 Exhibit A - Conditions of Approval - Page 15 Exhibit B - Amendment No. 7 Specific Plan text - Distributed under separate cover Exhibit C - Amendment No. 7 Zoning Standards text - Distributed under separate cover Exhibit D - Addendum No. 3 to Environmental Impact Report No. 235 for Specific Plan No. 219, Paloma del Sol - Distributed under separate cover o City Council Ordinance No. 99-__ approving Planning Application No. PA99-0283 (Development Agreement) - Page 21 a. Exhibit A - Development Agreement text - Distributed under separate cover City Council Resolution No. 99- denying the Appeal of Planning Application No. PA99- 0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431) and upholding the approval of these projects by the Planning Commission - Page 26 a. Exhibit A - Conditions of Approval for PA99-0284 (Development Plan) b. Exhibit B - Conditions of Approval for PA99-0286 (Tentative Parcel Map No. 29431 ) 5. October 19, 1999 City Council Staff Report - Page 32 6. Appeal filed by the Corona family and supporting documentation - Page 36 Response to Appeal, from Newland Communities dated November 3, 1999 - Distributed under separate cover F:\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 6 ATTACHMENT NO. 1 CITY COUNCIL RESOLUTION NO. 99- FINDING & DETERMINATION THAT NO ADDITIONAL ANALYSIS IS REQUIRED PURSUANT TO THE REQUIREMENTS OF CEQA \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 7 ATTACHMENT NO. 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT NO ADDITIONAL ANALYSIS IS REQUIRED PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED AND THE GUIDELINES PROMULGATED THEREUNDER REGARDING PLANNING APPLICATION NOS. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219); PA99-0283 (DEVELOPMENT AGREEMENT FOR THE VILLAGES @ PASEO DEL SOL, COMMUNITY SHOPPING CENTER); PA99-0284 (DEVELOPMENT PLAN) AND PA99-0286 (TENTATIVE PARCEL MAP NO. 29431). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula, after public hearing and deliberation, does hereby find, determine and declare as follows: a. The four Planning Applications submitted by the "Applicant", identified as PA99-0285 (Amendment No. 7 to Specific Plan No. 219); PAg9-0283 (Development Agreement for the Villages @ Paseo Del Sol, Community Shopping Center); PA99-0284 (Development Plan) and PA99-0286 (Tentative Parcel Map No. 29431 ), (collectively "the Applications") are intended to cause the development of a portion of Specific Plan No. 219, as amended, with a retail commercial development. The Development Agreement details the rights and privileges of the Applicant in regards to the implementation of the development allowed by Specific Plan No. 219, as amended and the Development Plan. Tentative Parcel Map No. 29431 subdivides the subject real property in furtherance of the permitted development rights and privileges. These four Planning Applications, together with the previously approved components of the Specific Plan No. 219 collectively are referenced herein as the "Project". b. The area affected by the Applications is located generally at the southwestern quadrant of Specific Plan No. 219, as amended. The Project is located on and within a geographic area that has been the subject of several prior environmental investigations, all of which were in furtherance of the physical development of Specific Plan No. 219, as amended. The Applications individually and cumulatively address the circumstances attendant to each individual Planning Application and make findings supporting the approval of each. Section 2. The City Council hereby finds and determines that, pursuant to statutory requirements of Section 21166 of the California Public Resources Code and based upon the review of the evidence, including the prior Environmental Impact Report identified as E.I.R. No. 235, which EIR was certified by the Riverside County Board of Supervisors on September 6, 1988, and as the same has been considered pursuant to Amendments Nos. 1 (1992) and 2 (1992), as previously adopted by the City Council of the City of Temecula, and the pending Addendum No. 3, no further environmental analysis is required. Pursuant to 14 California Code of Regulations Section 15162, no further environmental review is required on this Project because no evidence as required by 14 California Code of Regulation Sections 15163 or 15164 to require either a Subsequent or Supplemental EIR has been presented to this City Council. Neither a Subsequent EIR nor a Supplemental EIR is required for the Project based on the following findings of the Agency: \\TEMEC_FS 10 I\VOL1 \DEPTS\PLANNING\STAFFRPT\285pa99 .CC 11-9-99 formatted .doc 8 a. All of the private elements of the Project and the Public Improvements were contemplated and fully and properly analyzed in the EIR certified and approved by the Riverside County Board of Supervisors. b. There have been no subsequent changes to the Project which would require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. c. Substantial changes have not occurred with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. d. There is no new information since the certification of the previous EIR which would show or tend to show that the Project might have one or more significant effects not discussed in the previous EIR. e. There is no new information since the certification of the previous EIR which would show or tend to show that significant effects previously examined might be substantially more severe than shown in the previous EIR. f. There is no new information since the certification of the previous EIR which would show or tend to show that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project. g. There is no new information since the certification of the previous EIR which would show or tend to show that mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. Section 3. The City Council of the City of Temecula hereby approves the adoption of this Resolution and the findings set forth above and deems this Resolution applicable to the Applications. Section 4. The City Clerk shall certify the adoption of this Resolution. \\TEMEC_FS 10 i\VOL1 \DEPTS\PLANNING\STAFFRPT\285pa99. CC 11-9-99 formatted . doc 9 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this 9th day of November, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, do hereby certify that Resolution No. 99-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 9th day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 10 ATTACHMENT NO. 2 CITY COUNCIL ORDINANCE NO. 99- AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219 \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 11 ATTACHMENT NO. 2 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDES PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, HIGH DENSITY RESIDENTIAL, 9-12 DWELLING UNITS PER ACRE, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Environmental Compliance. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the Riverside County Board of Supervisors on September 6, 1988. Addendure Nos. 1 and 2 were adopted by the City of Temecula City Council in 1992 and 1999 respectively. Addendure No. 3 is under consideration by the City Council on October 19, 1999 and November 9, 1999. This project proposes no change to the maximum number of units for Planning Area 8 as reviewed by Addendure No. 3. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstances under which the project is being undertaken which require major revision in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred. In addition, the previously certified EIR and Addendums addressed the number of lots for the site as proposed by Tentative Tract Map No. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doe 12 24136, Amendment No. 2. Therefore, no further environmental analysis is required. Staff is recommending that the Council find and determine that no additional analysis is required pursuant to the requirements of CEQA. Section 4. Findings. The City Council, in approving Planning Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219) hereby makes the following findings A. Amendment No. 7, as proposed and conditioned, is compatible with the health, safety and welfare of the community. B. Amendment No. 7 is consistent with the goals and policies of the City's adopted General Plan. C. The project is compatible with surrounding land uses. The project proposes an overall reduction in the density and intensity of land uses. The proposed senior community option provides a greater diversity of housing products for the residents of the City of Temecula. D. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land uses of the site and is consistent with the overall concept of Specific Plan No. 219, Paloma del Sol. E. Amendment No. 7 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 235. Section 5. The City Council of the City of Temecula hereby approves Specific Plan Amendment No. 7 as it pertains to changes in the Zoning text referenced by Specific Plan No. 219, located north of State Highway 79 South, south of Montelegro Way, east of Margarita Road and west of Meadows Parkway, in the SP-4 zone. Section 6. 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 the same to be published as required by law. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 13 Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this ninth day of November, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] 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. 99- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ninth day of November, 1999, 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 __ day of ,1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 14 Susan W. Jones, CMC/AAE City Clerk EXHIBIT A CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA99-0285 SPECIFIC PLAN AMENDMENT NO. 7 \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRpT\285pa99.CC 11-9-99 formatted.doc 15 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0285 - Specific Plan Amendment No. 7 Project Description: To amend Specific Plan No. 219 (Paloma del Sol) as follows: land uses within Planning Areas 1,6 and 8; the realignment and reconfiguration of Campanula Way between De Portola Road and Meadows Parkway; the reallocation of acreage within Planning Area 1 from 32.3 acres to 35.0 acres; the reallocation of acreage within Planning Area 6 from 36.3 to 34.3 acres; the division of Planning Area 6 into Planning Area 6A (22.3 acres, high density residential, 9-12 dwelling units per acre, with a maximum of 268 dwelling units) and Planning Area 6B (12 acres, very high density residential, 13-20 du/ac, with a maximum of 240 dwelling units), resulting in an overall reduction of units from 590 to 508 dwellings; the provision to develop an active, private, gated senior community within Planning Area 8 that includes a private recreation area; and an update of Specific Plan Design Guidelines that incorporate the village vignettes and the senior amenities. Approval Date: November 9, 1999 PLANNING DIVISION General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. , The applicant shall comply with all underlying Conditions of Approval for Specific Plan No. 219 and its amendments unless superceded by these Conditions of Approval. The text of Amendment No. 7 to Specific Plan No. 219 shall conform with Exhibit No. 1 B, "Paloma del Sol Specific Plan, Amendment No. 7" dated October 11, 1999, or as amended by these conditions. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 16 The text of Amendment No. 7 to Specific Plan No. 219 Zoning Standards shall conform with Exhibit No. 2A, "Paloma del Sol Specific Plan Zone Ordinance, Amendment No. 7" dated October 11, 1999, or as amended by these conditions. Within Thirty (30) Days From the Second Reading of the Ordinance Approving the Amendment The applicant shall submit the amended Specific Plan text to the Community Development Department - Planning Division, in accordance with Conditions of Approval and with requirements by the City Council. 6. The applicant shall correct or modify the following: a, Page IV-85 b.2) a): The last sentence shall read: "A minimum of 10% of the net acreage at the Home Depot site shall be landscaped ." Remove all references to the Major and Minor Commercial Entry and Shopping Center Identification signs, which shall be included in the Villages Design Manual, submitted for review and approval by the Planning Manager prior to the issuance of permits. 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 Signature \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 17 EXHIBIT B AMENDMENT NO. 7 TEXT (UNDER SEPARATE COVER) \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 18 EXHIBIT C AMENDMENT NO. 7 - ZONING STANDARDS TEXT (UNDER SEPARATE COVER) \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doe 19 EXHIBIT D ADDENDUM NO. 3 TO ENVIRONMENTAL IMPACT REPORT NO. 235 FOR SPECIFIC PLAN 219 (UNDER SEPARATE COVER) \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 20 ATTACHMENT NO. 3 CITY COUNCIL ORDINANCE NO. 99- DEVELOPMENT AGREEMENT \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 21 ATTACHMENT NO. 3 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED "VILLAGES @ PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS 1 (a) & 1 (b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7" THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. del Sol Investments, LLC filed Planning Application No. PA99-0283 in accordance with the City of Temecula General Plan and Development Code. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning laws of the State of California, and the City Code of the City of Temecula. Section 2. Environmental Compliance. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the Riverside County Board of Supervisors on September 6, 1988. Addendum Nos. 1 and 2 were adopted by the City of Temecula City Council in 1992 and 1999 respectively. Addendum No. 3 is under consideration by the City Council on October 19, 1999 and November 9, 1999. This project proposes no change to the maximum number of units for Planning Area 8 as reviewed by Addendum No. 3. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstances under which the project is being undertaken which require major revision in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred. In addition, the previously certified EIR and Addendums addressed the number of lots for the site as proposed by Tentative Tract Map No. 24136, Amendment No. 2. Therefore, no further environmental analysis is required. Staff is recommending that the Council find and determine that no further analysis is required pursuant to the requirements of CEQA. Section 3. Findings. The City Council, in approving Planning Application No. PA99- 0285 (Amendment No. 7 to Specific Plan No. 219) hereby makes the following findings A. The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. B. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City Ordinances and Specific Plan No. 219. C. The Development Agreement approved by this Ordinance has been adopted in accordance with the procedures and requirements of the Development Agreement Statutes, Government Code Sections 65864 et.seq. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 22 D. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land uses of the site and is consistent with the overall concept of Specific Plan No. 219, Paloma del Sol. Section 4. Approval. The City Council of the City of Temecula hereby approves that certain Development Agreement entitled "Villages @ Paseo del Sol Development Agreement, Planning Areas l(a) & l(b) of Specific Plan No. 219, Amendment No. 7," dated as of October 19, 1999, and authorizes the Mayor to execute this Development Agreement on behalf of the City in substantially the form submitted to the City Council at the public hearing. The City Clerk shall cause the Development Agreement to be recorded within ten (10) days of the effective date of this Ordinance. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doe 23 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this ninth day of November, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] 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. 99- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ninth day of November, 1999, 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 __ day of ,1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 24 EXHIBIT A DEVELOPMENT AGREEMENT TEXT (UNDER SEPARATE COVER) \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 25 ATTACHMENT NO. 4 CITY COUNCIL RESOLUTION NO. 99- DENYING THE APPEAL AND UPHOLDING APPROVAL \\TEMEC_FS101\VOLI\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 26 ATTACHMENT NO. 4 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND PLANNING APPLICATION NO. PA99-0286 (TENTATIVE PARCEL MAP NO. 29431), AND UPHOLDING THE APPROVAL OF THESE PROJECTS BY THE PLANNING COMMISSION, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, del Sol Investment Company LLC filed Planning Application Nos. PA99-0284 and PA99-0286, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application Nos. PA99-0284 and PA99-0286 were processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA99-0285 on September 15, 1999, September 29, 1999, and October 6, 1999, at duly noticed public hearings 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 approved Planning Application Nos. PA99-0285; WHEREAS, the City Council conducted a public hearing pertaining to the Appeal of Planning Application Nos. PA99-0284 and PA99-0286 on November 9, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application Nos. PA99-0284 and PA99-0286; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application Nos. PA99-02854 and PA99-0286; NOW, THEREFORE, THE CITY COUNCIL 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. Findings. The City Council, in approving Planning Application No. PA99- 0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431 ), hereby makes the following findings A. The proposed land division and the design or improvement of the project is compatible with the General Plan designation and consistent with Specific Plan No. 219 (Paloma del Sol), Amendment No. 7. The site is physically suitable for the type and density of development. The General Plan Land Use designation for the site includes CC Community Commercial, OS Open Space, LM Low Medium Residential (3-6 dwelling units per acre) and H High Density Residential (13-20 dwelling units per acre). The proposal as designed and conditioned is consistent with these designations. \\TEMEC_FS101\VOLl\DEFFS\PLANNING\STAFFRFF\285pa99.CC 11-9-99 formatted.doc 27 B. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 219 (Paloma del Sol), the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. C. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The proposal as designed and conditioned provides adequate access and circulation. Future development plans for parcels within the project site will determine the suitability and location of all access points to those parcels. D. The map and development plan as proposed, conforms to the logical development of the site, and is compatible with the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The Fire Department has reviewed the Vehicle Plan submitted in conjunction with the Development Plan, for adequate emergency vehicle turning radii. The City Traffic Engineer has reviewed the project's Traffic Study with regards to public health and safety of the community. E. The design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an infill site. Furthermore, grading has already occurred at the site, which is a portion of a larger specific plan. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Section 3. Environmental Compliance. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the Riverside County Board of Supervisors on September 6, 1988. Addendum Nos. 1 and 2 were adopted by the City of Temecula City Council in 1992 and 1999 respectively. Addendum No. 3 is under consideration by the City Council on October 19, 1999 and November 9, 1999. This project proposes no change to the maximum number of units for Planning Area 8 as reviewed by Addendum No. 3. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstances under which the project is being undertaken which require major revision in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred. In addition, the previously certified EIR and Addendums addressed the number of lots for the site as proposed by Tentative Tract Map No. 24136, Amendment No. 2. Therefore, no further environmental analysis is required. Staff is recommending that the Council find and determine that no additional analysis is required pursuant to the requirements of CEQA. Section 4. Conditions. That the City of Temecula City Council hereby approves Planning Application Nos. PA99-0284 (Development Plan) and PA99-0286 (Tentative Parcel Map No. 29431 ), for the design, construction and operation of 276,243 square feet of retail commercial uses including a 131,848 square foot Home Depot building with garden center, a 7,000 square foot automotive supply store, and 137,395 square feet of village shopping space; and for the \\TEMEC_FS 101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99. CC 11-9-99 formatted. doc 28 subdivision of 66.828 gorss acres into seven (7) lots, located north of State Highway 79 South, south of Montelegro Way, west of Meadows Parkway and east of Margarita Road, and known as Assessor's Parcel Nos. 950-020-042, -044 and 950-870-006, subject to the project specific conditions of approval set forth in Exhibit A and B, attached hereto, and incorporated herein by this reference. Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this ninth day of November, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] 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 Resolution No. 99- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the ninth day of November, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRFF\285pa99.CC 11-9-99 formatted.doc 29 EXHIBIT A CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA99-0284 DEVELOPMENT PLAN \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 30 EXHIBITA CITY OF TEMECULA CONDITIONS OF APPROVAL Revised by Planning Commission - October 6, 1999 Planning Application No. PA99-0284 - Development Plan Project Description: The design, construction and operation of 276,243 square feet of retail commercial uses, including a 131,848 square foot Home Depot Store, a 7,000 square foot automotive supply store, and 137,395 square feet of village shopping space. DIF Category: Home Depot - Retail Commercial Others - Various, to be determined with the submittal of Administrative Development Plans Assessor's Parcel Nos. Approval Date: Expiration Date: 950-020-044 and 950-870-006 November 9, 1999 November 9, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project by the City Council 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 Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. 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 applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all F:\DEPTS\PLANNING\STAFFRP'R284pa99.COA-DEVPLAN revised for 10-6-99.doc 1 action the City deems to be in the best interest of the City and its citizens in regards to such defense. 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. This approval shall take effect only after the effective date of Planning Application No. PA99-0285 (Specific Plan Amendment No. 7) by the City of Temecula City Council. The applicant shall demonstrate compliance with all measures recommended by the Traffic Study dated September 7, 1999, by Wilbur Smith Associates, which have been incorporated and conditioned to be incorporated into the project. A written report shall be submitted to the Community Development Department - Planning Division summarizing the obligations of the developer and how the obligations have been met, prior to the issuance of pormits the first building permit and the first occupancy permit. The development of the premises shall substantially conform with the revised, stamped approved Exhibit "D" (Site Plan), as amended by these Conditions of Approval, and contained on file with the Community Development Department - Planning Division. All mechanical and roof equipment shall be screened from public view by architectural features integrated into the design of the structure. A Design Manual shall be submitted to and approved by the Planning Manager that is consistent with the City Design Guidelines, the Paloma del Sol Specific Plan guidelines, and these Conditions of Approval, including the following: Details of architectural style and design amenities as depicted in the "Village Vignettes" on file with the Community Development Department - Planning Division. b. Use of colors and materials, with samples of each. c. Comprehensive Sign Program for the entire site. d. Coordination of retail uses. Landscaping details around the buildings and within the courtyard areas, including the use of plant arbors. Furniture and fixture specifications including but not may include but not be limited to: planter boxes, seating areas, benches, tables, chairs, shade structures, awnings, plaza lamps, hanging plants, trash receptacles, fountains and other water features, art, sculptures, bollards, enhanced paving areas, archways, gateways, gazebos, outdoor vendor carts, heaters, fans, roisters and clocks 9. To ensure compliance with the Design Manual, an Administrative Development Plan application shall be submitted to and approved by the Planning Manager for all buildings with uses permitted and as shown on Exhibit D - Site Plan, at thc sitc excepting the 131,848 square foot Home Depot building which shall be approved by this application. Administrative Development Plan applications shaft be accompanied by the $190.00 filing fee, or such other ADP fee in effect at the time of submittal Uses that are permitted by \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT%284pa99.COA-DEVPLAN revised for 10-6-99.doc 2 conditional use permit shall require the application for a CUP in accordance with the City's Development Code and accompanied by the appropriate filing fee as listed in the City's Fee Schedule 10. A maximum area of 2,300 square feet of outdoor finished product display shall be allowed at the project site, in accordance with revised Exhibit "1-1" - Home Depot Outdoor Display Plan. A re-submittal of this exhibit is required to modify the location of outdoor display, for review and approval by the Planning Manager. 11. Seasonal sales areas shall be properly screened in conformance with Exhibit P- Conceptual Fencing Plan and using wrought iron or other comparable material Any changes shall require the submittal of a revised fencing plan exhibit for review and approval by the Planning Manager. Tcmporary Usc Pormitc shall includc a scrccning plan that meets this condition, for rcvicw and approval by thc Ranning Managor. 12. Each and cvcry tcmporary usc of cxtorior aroa for rctail salcs, including soason31 salcs, chall roquirc a Tomporary Usc P-ormit, in aooordanoc with with City's Dcvolopmcnt Codc. Seasonal Sales shall be permitted with the approval of this Development Plan up to three (3) times per year as follows: 1) Christmas Tree sales from November 1 through December 31; 2) Spring Flower sales from March 15 through April 30; and 3) a 45-day sale period approved by the Planning Manager upon written 60-day notice by Home Depot. 13. Delivery appointments shall be scheduled by the store receiving manager so that they occur during business hours. Offloading all deliveries shall be prior to the night shi~'s start. All stock received at the dock area shall be staged inside the receiving area and not unloaded outside the building. Lumber offloading shall be staged on the pad against the building and behind the screen wall, clear of the designated fire lane. 14. When bus service to the area is activated, the applicant shall install a bus shelter, amenities and appropriate landscaping and access, at the bus turnout located on the approved Exhibit "D" - Site Plan. Building "F" (Home Depot) 15. Landscaping shall substantially conform with the revised, stamped approved Exhibit "J" (Home Depot Landscape Plan), as amended by these Conditions of Approval, and contained on file with the Community Development Department - Planning Division. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Manager. If it is determined that the landscaping is not being maintained, the Planning Manager 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. 16. Building elevations shall substantially conform with the revised, stamped approved Exhibit "G" (Home Depot Elevations), as amended by these Conditions of Approval, and contained on file with the Community Development Department - Planning Division. a. In the event that the Tool Center is not constructed, the applicant shall submit for review and approval by the Planning Manager, a revised elevation showing trelliswork along the front wall, over the permitted outdoor product display area between the Indoor Lumber porte cochere and the main building entrance. b. Exterior downspouts shall be shown with "pop out" enclosures and textured walls that are architectural features enhancing the rear elevations of the building \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~284pa99.COA-DEVpLAN revised for 10-6-99.doc 3 17. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with Exhibit "K" (Home Depot Color and Material Board) contained on file with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Planning Manager. Material Color Building walls, man doors Towers, entry, canopies, porte cochere Wainscot, Columns, covers Soffits Cornice Signs, trusses Stone veneer ICI Paint Co. #548 "Beachcomber" ICI Paint Co. #565 "Woodwind" ICI Paint Co. #462 "Western Trail" ICI Paint Co. #685 "Grey Mountain" ICI Paint Co. #583 "Grey Hearth" ICI Paint Co. #4208/9200 "Safety Orange" Emser Tile Co. #574 "Autumn Lilac" Prior to the Issuance of Grading Permits 18. 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. 19. 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. 20. The applicant shall revise Exhibits "D, E, F, G, H, I, I-1, J, K, and L" , (Site Plan, Grading Plan, Monument Signage, Home Depot Elevations, Home Depot Signage, Home Depot Floor Plan, Home Depot Landscape Plan, Color and Material Board, Architectural Site Plan) to reflect the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and submit five (5) full size copies and two (2) 8" X 10" glossy photographic color prints of approved Exhibit "G" (Color and Materials Board) and of the colored version of approved Exhibit "F", 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. The applicant shall correct plan legends, where applicable, to reflect accurately the gross and net acreage, the gross and net square footage, and the percentage to total gross acreage of landscape and hardscape. b. The applicant shall add the height of berms to all applicable exhibits. The applicant shall revise Exhibit "F" to show a berm height of five (5) to seven (7) feet measured from the grade of the loading area. The applicant shall revise Exhibit "1-1" decreasing the allowable area of outdoor product display to a maximum of 2,300 square feet. Prior to the Issuance of Building Permits 21. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. \\TEMEC_FS101WOL1\DEPTS\PLANNING\STAFFRPT~.84pa99.COA-DEVpLAN revised for 10-6-99.doc 4 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 Planning Manager, the bond shall be released. 27. Each parking space reserved for the handicapped shall be identified by a permanently affixed refiectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area 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. 28. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT 29. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 30. A Grading Permit for either rough and/or 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. 31. 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. 32. All improvement plans, grading plans, and raised landscaped median 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. 33. 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. Upon Caltrans approval of the proposed access opening onto Highway 79 South from the easterly driveway, the existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended. 34. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT%284pa99.COA-DEVpLAN revised for 10-6-99.doc 6 22. 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 with the approved Exhibit "J", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The cover page shall identify the total square footage of the landscaped area for the site. a. The plans shall be consistent with the Water Efficient Ordinance. A row of evergreen trees shall be provided along the rear of the Home Depot building and Buildings G and H, which shall be a minimum 36-inch box size, that provide a quick screen for the loading docks in these areas. Plantings along the street side of the loading dock screen wall shall include vines and shrubs. Perimeter landscaped areas along State Highway 79 South shall include extensive tuff mounding, grouped trees, and shrubs that screen vehicle parking spaces fronting the highway. Planter areas on both sides of the main entry driveway shall be reconfigured and enlarged to install plantings that make an entry statement and complement entry signage. Extonsivc tuff mounding, shrubs 3nd grouped trocs shall bc provided 3long St3tc Highway 79 South to scrccn vchiolc parking spaocs fronting thc highway. g. The plans shall be accompanied by the following items: 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) One (1) copy of the approved grading plan. 3) Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 4) Total cost estimate of plantings and irrigation (in accordance with the approved plan). 23. The applicant shall submit a "Bike Rack Plan" that locates a minimum of 37 bike racks throughout the project site in accordance with the City's Development Code, and at locations that are convenient for employees and customers. Prior to the Issuance of Occupancy Permits 24. A separate building permit shall be required for all signage. 25. 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 Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 26. Performance securities, in amounts to be determined by the Planning Manager, to guarantee the maintenance of the plantings, in accordance with the approved construction \\TEMEC_FS101~VOL1\DEPTS\PLANNING\STAFFRPT~.84pa99.COA-DEVPLAN revised for 10-6-99.doc 5 35. 36. The centerline of the main access to the site on Highway 79 South shall be aligned with the centerline of the access to the southerly driveway on Highway 79 South or as approved by the Director of Public Works. The vehicular movement for the following locations shall be restricted as follows: a. Highway 79 South at the easterly access to the site shall be restricted to a right in/right out movement subject to approval by Caltrans. This access restriction shall be emphasized with a raised median to the satisfaction of the Department of Public Works. Campanula Way along the frontage of Parcel 3 (westerly) access to the site shall be restricted to left in/right out movement. Campanula Way along the frontage of Parcel 2 (westerly) access to the site shall be restricted to right in/right out movement. Prior to Issuance of a Grading Permit 37. 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. 38. 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. 39. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director 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. 40. 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. 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 Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. 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. 41. 42. 43. \\TEMEC_FS101WOL1\DEPTS\PLANNING\STAFFRP'I'~84pa99.COA-DEVPLAN revised for 10-6-99.doc 7 44. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 45. 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. Prior to Issuance of a Building Permit 46. Prior to issuance of the first building permit, Parcel Map No. 29431 shall be recorded. 47. Unless otherwise approved on the tentative parcel map, all improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director 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. c. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. The Developer shall design and post securities for the following public improvements to City of Temecula Public Works standards unless otherwise noted on the approved development plan. Plans shall be reviewed and approved by the Director of Public Works. a. Highway 79 South (Urban Arterial Highway Standards - 134' R/W) i) Improve roadway to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer as required to serve this development). 48. Meadows Parkway (Major Highway Standards - 100' R/W) from Highway 79 South to Campanula Way Improve roadway to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and raised landscaped median. ii) The raised landscaped median shall be continuous with an opening at the intersection of Meadows Parkway and Campanula Way or as approved by the Director of Public Works upon submittal of future development plans. Campanula Way (Principal Collector Street Standards - 78' R/W) from Dc Partola Road to Moadows Parkway along the project frontage. i) Additional right-of-way dedication for roundabouts n) Improve roadway to include dedication of half-width street right-of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~284pa99.COA-DEVpLAN revised for 10-6-99.doc 8 49. 50. 51. striping, utilities (including but not limited to water and sewer). iii) The raised landscape median shall be continuous with the exception of median breaks and areas where on-street parking is permitted as shown on the approved Tentative Parcel Map. d. Traffic signals at the following intersections: i) Highway 79 South and the main access to the site to include signal interconnect on Highway 79 South between Meadows Parkway and Margarita Road. n) Highway 79 South and Meadows Parkway. The Developer is eligible to receive credits for the Traffic Signals and Traffic Control Systems component of the Public Facilities Development Impact Fee for 50% of the ultimate cost for the design and installation or as otherwise allowed in the Public Facilities Development Impact Fee Reduction Agreement dated July 14, 1998. iii) Campanula Way and Main Access to the site between Parcels 2 and 3 to include signal interconnect on Campanula Way between Meadows Parkway and Main Access to the site. iv) Margarita Road and De Portola Road. The Developer is eligible to receive credits for the Traffic Signals and Traffic Control Systems component of the Public Facilities Development Impact Fee for 100% of the ultimate cost for the design and installation or as otherwise allowed in the Public Facilities Development Impact Fee Reduction Agreement dated July 14, 1998. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. The Developer shall design and post securities for the following public improvements in conformance with applicable City Standards and subject to approval by the Director of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Storm drain facilities c. Sewer and domestic water systems d. All utilities, except electrical lines rated 33kv or greater, shall be installed underground A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the following roadways: a. Campanula Way b. Meadows Parkway between Highway 79 South and Campanula Way \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~.84pa99.COA-DEVPLAN revised for 10-6-99.doc 9 52. 53. 54. 55. 56. 57. c. De Portola Road associated with signal improvements at the intersection of Margarita Road and De Portola Road Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works. All access rights easements for sidewalks for public uses shall be submitted to and approved by the Director of Public Works for dedication to the City where sidewalks meander through private property. All 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. The Developer shall obtain an easement for ingress and egress over the adjacent property. The Developer shall provide an easement for ingress and egress to the adjacent property. 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 as otherwise modified in the Villages @ Paseo Del Sol Development Agreement. Prior to Issuance of a Certificate of Occupancy 58. Prior to issuance of the FIRST Certificate of Occupancy: a. The Developer shall install a traffic signal at accordance with City Standards: 1) 2) 3) the following intersections in Highway 79 South and the main access to the site to include signal interconnect on Highway 79 South between Meadows Parkway and Margarita Road. Highway 79 South and Meadows Parkway Campanula Way and Main Access to the site between Parcels 2 and 3 to include signal interconnect on Campanula Way between Meadows Parkway and Main Access to the site. 4) Margarita Road and De Portola Road with sufficient improvements to support impacts from this development within the existing right-of-way. 59. Upon the first Certificate of Occupancy for Parcel 2, the existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended to allow an access opening with a right in/right out vehicular movement onto Highway 79 South from the easterly driveway. 60. 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 61. All public improvements, including traffic signals, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 62. 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 Public Works. \\TEMEC_FS101~VOL1\DEPTS\PLANNING\STAFFRPT\284pa99.COA-DEVPLAN revised for 10-6-99.doc 10 BUILDING AND SAFETY DEPARTMENT 63. Comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 California Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 64. 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 street lights 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. 65. 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. 66. Obtain all building plans and permit approvals prior to commencement of any construction work. 67. The Occupancy classification for the proposed Home Depot buildings will be M/S-1 and the occupancy classification of the Village Center buildings will be A/B/M. The proper classifications and construction types for each building will be addressed at time of plan submittals and plan check by the Department of Building and Safety 68. Obtain street addressing for all proposed buildings prior to submittal for plan review. 69. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 70. Provide disabled access from the public way to the main entrance of the building. 71. Provide van accessible parking located as close as possible to the main entry. 72. Show path of accessibility from parking to furthest point of improvement. 73. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 74. Restroom fixtures, number and type, to be in accordance with the provisions of the -1-984 1998 edition of the California Building Code, Appendix 29. 75. Provide an approved automatic fire sprinkler system. 76. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 77. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 78. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 79. Provide precise grading plan for plan check submittal to check for handicap accessibility. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~284pa99.COA-DEVPLAN revised for 10-6-99.doc 11 80. A pre-construction meeting is required with the building inspector prior to the start of any building construction. 81. Trash enclosures, patio covers, light standard and any block walls, if not on the approved building plans, will require separate approvals and permits. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 82. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. 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. 83. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 2000 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 1850 GPM for a total fire flow of 3850 GPM with a 2 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 Ili- A) 84. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 450 feet apart and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a 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) 85. As required by the California Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (CFC 903.2) 86. 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 Ord 460) 87. 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) 88. 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 89. 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 \\TEMEC_FS101WOL1\DEPTS\PLANNING\STAFFRP'r~.84pa99.COA-DEVPLAN revised for 10-6-99.doc 12 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. weather surface designed for 80,000 Ibs. GVVV 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) Prior to building construction, dead end road ways 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, spacing and minimum fire flow standards. After the plans are signed by the local water company, 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 materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 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) Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (CFC 901.4.4) 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) 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) 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. The Knox-Box shall be supervised by the alarm system. (CFC 902.4) 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 firefighting personnel. (CFC 902.4) \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT~284pa99.COA-DEVPLAN revised for 10-6-99.doc 13 100. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81 ) 101. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 102. Prior to building permit issuance, a full technical report shall be submitted to and approved by the Fire Prevention Bureau addressing all items on the hazardous materials list. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA- 13, 24, 72 and 231-C. COMMUNITY SERVICES DEPARTMENT General Comments: 103. Prior to the installation of the arterial street lighting, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said street lighting into the respective TCSD maintenance program. 103. Landscape plans for the proposed raised medians and traffic circles shall be reviewed and approved by the Director of Community Services. 104. Installation of the landscape improvements within the medians and traffic circles shall commence pursuant to a pre-job meeting with the TCSD Maintenance Superintendent and monitored in accordance with the TCSD inspection process. 105. All perimeter landscaping and parkways within the commercial development shall be maintained by the property owner. Prior to Certificate of Occupancy: 106. The landscape improvements within the raised landscape medians and traffic circles shall be completed to TCSD standards prior to issuance of the first certificate of occupancy. OTHER AGENCIES 106. Flood protection shall be provided in accordance with the Riverside County Flood Control Districrs transmittal dated August 6, 1999, a copy of which is attached. 107. The applicant shall comply with the recommendations set forth in the Rancho California Water Districts transmittal dated July 21, 1999, a copy of which is attached. 108. The applicant shall comply with the recommendations set forth in Eastern Information Centers transmittal dated July 21, 1999, a copy of which is attached. \\TEMEC_FS101\VOLI\DEPTS\PLANNING\STAFFRP'R284pa99.COA-DEVPLAN revised for 10-6-99.doc 14 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 Name \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRP'R284pa99.COA-DEVPLAN revised for 10-6-99.doc 15 EXHIBIT B CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA99-0286 TENTATIVE PARCEL MAP NO. 29431 ',\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 31 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Revised by Planning Commission - October 6, 1999 Planning Application No. PA99-0286 - Tentative Parcel Map No. 29431 Project Description: Assessor's Parcel No.: Approval Date: Expiration Date: The subdivision of 66.828 gross acres into seven (7) lots 950-020-042, -044 and 950-087-006 November 9, 1999 November 9, 2001 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer 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 Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer 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 tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. F:\DEPTS\PLANNING\STAFFRP'I~286pa99.COA-TENT MAP revision for 10-6-99.doc 1 If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Manager. This approval shall take effect only after the effective date of Planning Application No. PA99-0285 (Specific Plan Amendment No. 7) by the City of Temecula City Council. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 219 (Paloma del Sol), Amendment No. 7. Parcel 1 shall be required to provide a major community entry statement at the corner of Meadows Parkway and State Highway 79 South and a minor project entry statement at the corner of Campanula Way and Meadows Parkway in conformance with Specific Plan No. 219. These improvements, along with appropriate landscaping and streetscape, shall be completed prior to the first cedificate of occupancy upon Parcels 2, 3 and 4. The owner of Parcel 1 shall provide evidence that CC&Rs or another suitable instrument is in place that guarantees the ongoing maintenance of landscaping at the site. All projects within Parcels 2, 3, and 4 shall be subject to Development Agreement No. PA99-0283. The balance of parcels covered by this map shall be subject to the Amendment and Restatement of Development Agreement Paloma del Sol recorded February 18, 1993 and as subsequently amended. 10. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 235 11. The applicant shall demonstrate compliance with all measures recommended by the Traffic Study dated September 7, 1999, by Wilbur Smith Associates, which have been incorporated and conditioned to be incorporated into the project. A written report shall be submitted to the Community Development Department - Planning Division summarizing the obligations of the developer and how the obligations have been met, prior to the issuance of permits the first building permit and the first occupancy permit. 12. Within 30 days of the approval of this tentative parcel map, the app~cant shaft submit a revised exhibit that eliminates the joint-use driveway shown along Meadows Parkway and the 149. 13 foot wide area that protrudes south of the predominant southern boundary of Parcel 7. Prior to Issuance of Grading Permits 13. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 14. 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. Prior to Recordation of the Final Map 15. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: F:\DEPTS\PLANNING\STAFFRP'R286pa99.COA-TENT MAP revision for 10-6-99.doc 2 1) 2) 3) A copy 1) 2) 3) 4) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. Environmental Impact Report (EIR) No. 235 and Addendum No. 3 to Environmental Impact Report No. 235 were prepared for this project and are on file at the City of Temecula Community Development Department - Planning Division. This project is within a Subsidence Zone. of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity or other equivalent instrument has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Every owner of a dwelling unit or residential lot shall own as an appurtenance to such dwelling unit or residential lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. In addition to the other provisions described in this section which must be included in the CC&Rs, the applicant shall also include the following text in the CC&Rs: Consent of City of Temecula Condition No.16.C.1) of the Conditions of Approval of Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431) requires the City to review and approve CC&Rs for the map F:\DEPTS\PLANNING\STAFFRP'R286pa99.COA-TENT MAP revision for 10-6-99.doc 3 Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the map. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments procedures, assessment enforcement, resolution of disputes or procedural matters. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the map or federal, state or local laws, ordinances, and resolutions and these CC&Rs, the provisions of the Conditions of Approval and federal, state or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Planning Manager of the City of Temecula. Consent of the City of Temecula Condition No. 15.C.1) of the Conditions of Approval of Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431) requires the City of Temecula to review and approve CC&Rs for the map. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the map. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolution of disputes or procedural matters. Subject to the limitations set fodh herein, the City consents to the CC&Rs. F:\DEPTS\PLANNING\STAFFRPT~286pa99.COA-TENT MAP revision for 10-6-99.doc 4 Debbie Ubnoske, Planning Manager Approved as to Form: Peter M. Thorson, City Attorney 16. The Final Map shall delineate a westbound bus turnout located on the north side of Campanula Way, as approved by the City Traffic Engineer and the Riverside Transit Agency. 17. Development of any parcel where bus turnouts are located shall include the installation of a bus shelter, amenities and appropriate landscaping when bus service is activated in the area. Prior to Issuance of Building Permits 18. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. 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: 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) 3) One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 4) 5) Total cost estimate of plantings and irrigation (in accordance with the approved plan). The locations of all existing trees that will be saved consistent with the tentative map. 6) Plans for automatic irrigation of all landscaped areas and complctc screening of all ground mounted equipment from the view of the public from streets and adjacent property for: a) b) Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). Private common areas prior to issuance of the any building permit. c) All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. F:\DEPTS\PLANNING\STAFFRPT~286pa99.COA-TENT MAP revision for 10-6-99.doc 5 d) Shrub planting to soften perimeter walls adjacent to a public right-of- way equal to sixty-six (66) feet or larger. 7) Plans for hardscaping for pedestrian trails within private common areas. Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: 1 ) Decorative block for the perimeter of the project adjacent to a Public Right- of-Way equal to sixty-six (66) feet or larger and the side yards for corner lots. 2) Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 19. 20. Roof-mounted mechanical equipment shall not be permitted within the residential subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. All mechanical and roof-mounted equipment within commercial areas shall be screened from public view by architectural features integrated into the design of the structure. Prior to Issuance of Occupancy Permits 21. 22. If deemed necessary by the Planning Manager, the applicant shall provide additional landscaping to effectively screen various components of the project. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 23. 24. Front yard and slope landscaping within individual lots shall be completed for inspection. Private common area landscaping shall be completed for inspection prior to issuance of the first occupancy permit. 25. Performance securities, in amounts to be determined by the Planning Manager, to guarantee the maintenance of the plantings within private common areas for a period of one year, 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 Planning Manager, the bond shall be released. 26. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. F:\DEPTS\PLANNING\STAFFRP'I'%286pa99.COA-TENT MAP revision for 10-6-99.doc 6 DEPARTMENT OF PUBLIC WORKS The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 27. It is understood that the Developer correctly shows on the tentative parcel map all existing and proposed easements, topography, drainage facilities, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 28. 29. 30. 31. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 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. 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. Upon Caltrans approval of the proposed access opemng onto Highway 79 South from the easterly driveway, the existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended. 32. All improvement plans, grading plans, landscape and irrigation 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. 33. The centerline of the main access to the site on Highway 79 South shall be aligned with the centerline of the access to the southerly driveway on Highway 79 South or as approved by the Director of Public Works. 34. The vehicular movement for the following locations shall be restricted as follows: Highway 79 South at the easterly access to the site shall be restricted to a right in/right out movement subject to approval by Caltrans. This access restriction shall be emphasized with a raised median to the satisfaction of the Department of Public Works. Meadows Parkway from Campanula Way to De Portola Road shall be determined upon submittal of future development plans. De Portola Road along the frontage of Parcel 5 shall be dotorminod upon submittal of future dcvolopmcnt plans restricted to right in/right out movement. De Portola Road along the frontage of Parcel 7 shall have full movement and shall be aligned with Street "A" of Tentative Tract Map No. 24136. e. Campanula Way along the frontage of Parcel 3 (westerly) access to the site shall be restricted to left in/right out movement. F:\DEPTS\PLANNING\STAFFRP'R286pa99.COA-TENT MAP revision for 10-6-99.doc 7 f. Campanula Way along the frontage of Parcel 2 (westerly) access to the site shall be restricted to right in/right out movement. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 35. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise i. Caltrans j. Community Services District k. General Telephone I. Southern California Edison Company m. Southern California Gas Company 36. The following public improvements shall be designed to City of Temecula Public Works standards unless otherwise noted. a. Highway 79 South (Urban Arterial Highway Standards - 134' R/W) 1 ) Improve roadway to include installation of sidewalk, street lights, drainage facilities, signing and striping, and utilities (including but not limited to water and sewer as required to serve this development). b. De Portola Road (Major Highway Standards - 100' R/W) 1 ) Improve roadway to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and raised landscaped median. F:\DEPTS\PLANNING\STAFFRPT~286pa99.COA-TENT MAP revision for 10-6-99.doc 8 2) The raised landscaped median shall be continuous from Margarita Road to Meadows Parkway with openings at Campanula Way, Paloma Del Sol Park entrance and Parcel 7 (as approved on the Tentative Parcel Map). Cw Meadows Parkway (Major Highway Standards - 100' R/W) from Highway 79 South to De Portola Road 1) Improve roadway to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and raised landscaped median. 2) The raised landscaped median shall be continuous with an opening at the intersection of Meadows Parkway and Campanula Way or as approved by the Director of Public Works upon submittal of future development plans. Campanula Way (Principal Collector Street Standards - 78' R/W) from De Portola Road to Meadows Parkway 1 ) Additional right-of-way dedication for roundabouts 2) Improve roadway to include dedication of full width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 3) The raised landscape median shall be continuous with the exception of median breaks and areas where on-street parking is permitted as shown on the approved Tentative Parcel Map e. Traffic signals at the following intersections: 1) Highway 79 South and the main access to the site to include signal interconnect on Highway 79 South between Meadows Parkway and Margarita Road. 2) Highway 79 South and Meadows Parkway. The Developer is eligible to receive credits for the Traffic Signals and Traffic Control Systems component of the Public Facilities Development Impact Fee for 50% of the ultimate cost for the design and installation or as otherwise allowed in the Public Facilities Development Impact Fee Reduction Agreement dated July 14, 1998. 3) Campanula Way and main access to the site between Parcels 2 and 3 to include signal interconnect on Campanula Way between Meadows Parkway and main access to the site. 4) Margarita Road and De Portola Road. The Developer is eligible to receive credits for the Traffic Signals and Traffic Control Systems component of the Public Facilities Development Impact Fee for 100% of the ultimate cost for the design and installation or as otherwise allowed in the Public Facilities Development Impact Fee Reduction Agreement dated July 14, 1998. F:\DEPTS\PLANNING\STAFFRP'R286pa99.COA-TENT MAP revision for 10-6-99.doc 9 All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 37. Unless otherwise approved on the tentative parcel map, the following minimum criteria shall be observed in the design of the street improvement plans subject to approval by the Director of Public Works: am Street centerline 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 Standard Nos. 207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401, and 402. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utilities except electrical lines rated 33 kV of greater shall be provided underground. Easements shall be provided as required where adequate right-of- way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. 38. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 39. The existing alignment of Campanula Way shall be vacated. 40. Relinquish and waive right of access to and from the following roadways: am Meadows Parkway with the exception of one opening to Parcel 6 and one opening to Parcel 7. Locations to be determined upon submittal of future development plans. b. De Portola Road with the exception of two openings: 1) One opening to Parcel 5. Location to be determined upon submittal of future development plan. 2) One opening on Parcel 7 as approved on the Tentative Parcel Map. F:\DEPTS\PLANNING\STAFFRP'R286pa99.COA-TENT MAP revision for 10-6-99.doc 10 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. The south side of Campanula Way on the Parcel Map with the exception of five openings as approved on the Tentative Parcel Map. The north side of Campanula Way with the exception of two openings as approved on the Tentative Parcel Map. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805 or as approved by the Department of Public Works. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. Bus bays will be provided at all existing and future bus stops as determined by Riverside Transit Authority and approved by the Department of Public Works. Pdvate drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 52. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. An easement for a joint use driveway and/or reciprocal ingress/egress shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." F:\DEPTS\PLANNING\STAFFRP'R286pa99.COA-TENT MAP revision for 10-6-99.doc 11 Prior to Issuance of Grading Permits 53. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works d. Caltrans 54. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 55. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to 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 preliminary pavement sections. 56. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 57. 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. 58. 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. 59. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. Prior to Issuance of Building Permits 60. Parcel Map shall be approved and recorded. 61. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location F:\DEPTS\PLANNING\STAFFRPT'C?-86pa99.COA-TENT MAP revision for 10-6-99.doc 12 62. and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 63. 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 or as otherwise modified in the Villages @ Paseo Del Sol Development Agreement. Prior to Issuance of Certificates of Occupancy 64. Upon the first Certificate of Occupancy, the Developer shall install a traffic signal at the following intersections in accordance with City Standards: Highway 79 South and the main access to the site to include signal interconnect on Highway 79 South between Meadows Parkway and Margarita Road. Highway 79 South and Meadows Parkway Campanula Way and main access to the site between Parcels 2 and 3 to include signal interconnect on Campanula Way between Meadows Parkway and main access to the site. 65. 66. Upon the first Certificate of Occupancy for Parcel 2, the existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended to allow an access opening onto Highway 79 South from the easterly driveway. 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 67. 68. c. Department of Public Works All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 69. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. F:\DEPTS\PLANNING\STAFFRP'R286pa99.COA-TENT MAP revision for 10-6-99.doc 13 COMMUNITY SERVICES DEPARTMENT General Conditions: 70. All perimeter landscape and parkway areas within the commercial development shall be maintained by the property owner. 71. Proposed landscape improvements within the raised medians and traffic circles shall be installed in accordance with TCSD standards. 72. Prior to the installation of arterial street lighting, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said street lighting into the respective TCSD maintenance program. 73. Installation of the landscape improvements within the medians and traffic circles shall commence pursuant to a pre-job meeting with the TCSD Maintenance Superintendent and monitored in accordance with the TCSD inspection process. Prior to approval of the Final Map: 74. Landscape construction plans for the raised medians and traffic circle shall be reviewed and approved by the Director of Community Services. Prior to Certificate of Occupancy: 75. The landscape improvements within the raised landscape medians and traffic circles shall be completed to TCSD standards prior to issuance of the first certificate of occupancy. BUILDING AND SAFETY DEPARTMENT Prior to the Issuance of a Building Permit 76. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation fees. OTHER AGENCIES 77. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated July 20, 1999, a copy of which is attached. 78. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated July 19, 1999, a copy of which is attached. 79. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 19, 1999, a copy of which is attached. 80. The applicant shall comply with the recommendations set forth in Eastern Information Center's transmittal dated July 21, 1999, a copy of which is attached. F:\DEPTS\PLANNING\STAFFRP'R286Pa99.COA-TENT MAP revision for 10-6-99.doc 14 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 Signature F:\DEPTS\PLANNING\STAFFRPT%286pa99.COA-TENT MAP revision for 10-6-99.doc 15 ATTACHMENT NO. 5 OCTOBER 19, 1999 CITY COUNCIL STAFF REPORT \\TEMEC FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285pa99.CC 11-9-99 formatted.doc 32 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager October 19, 1999 Planning Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219 - Paloma del Sol), and Planning Application No. PA99-0283 (Development Agreement for the Villages @ Paseo del Sol, Community Shopping Center) Prepared by: Carole K. Donahoe, AICP, Associate Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 7. MAKE a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified, and find that a subsequent EIR is not required; 8. ADOPT a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 2'19), BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK 9. READ by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), AMENDING LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDING THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDING THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1 FROM 32.3 ACRES TO 35.0 ACRES; AMENDING THE \\TEMEC FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285Pa99-CC 11-9-99 formatted.doc ' 33 ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3 ACRES; DIVIDING PLANNING AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, HIGH DENSITY RESIDENTIAL, 9-12 DWELLING UNITS PER ACRE, WITH A MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508; AMENDING THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A SENIOR COMMUNITY WITHIN PLANNING AREA 8, AND AMENDING THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR AMENITIES. 10. READ by title only and introduce an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED "VILLAGES @ PASEO DEL SOL DEVELOPMENT AGREEMENT, PLANNING AREAS l(a) & l(b) OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7" BACKGROUND: The Specific Plan Amendment The applicant proposes Amendment No. 7 to the Paloma del Sol Specific Plan in order to construct Home Depot's 131,848 square foot building (with garden center) in combination with an additional 144,395 square feet of commercial buildings that form "retail villages" in Planning Area 1 (See Page 111-3, Figure 3A in the Specific Plan Amendment text). This combination of commercial uses provides an opportunity to attract a large number of consumers to the site, and to offer reasons to linger and enjoy a variety of shopping, dining, exercise and social activities. While not employing all the elements of the City's Village Center Design Guidelines, the project has made major efforts to orient the project toward a redesigned and reconfigured Campanula Way that is more inviting to pedestrians and bicycles. Two traffic circles and sections of on-street parallel parking are proposed as traffic calming devices. Transit access is provided by a bus turnout near the plaza area, and a bicycle lane is proposed. These design elements encourage the pedestrian linkage between this commercial development and the multi-family residential proposed directly across Campanula. Amendment No.7 also provides for a senior community component to Paloma del Sol within Planning Area 8. This option includes a private recreation area and street/sidewalk system targeted for active seniors within a gated community. The Development Agreement The Development Agreement for the Villages @ Paseo del Sol Community Shopping Center implements the applicant's proposal. Road improvement credits to Development Impact Fees are detailed, as well as the provision to rebuild any structure and reoccupy with the same use, in the event of casualty damage whether more than 50% or not. Lastly, the Agreement describes the terms under which each parcel owner and the City may execute a Memorandum of Covenant after the termination of the Agreement, in order to preserve the right to reinstitute uses for an additional fifteen year period. \\TEMEC FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285Pa99.CC 11-9-99 formatted.doc ' 34 Planning Commission Action The Planning Commission approved Planning Application No. PA99-0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431 ) on October 6, 1999, after hearing about the Home Depot project at two Commission workshops (June 16 and July 21, 1999) and three Commission hearings (September 15, September 29, and October 6, 1999). The Commission also recommended that the City Council certify and adopt Addendum No. 3 to Environmental Impact Report No. 235 for the Paloma del Sol Specific Plan, and approve Amendment No. 7 to the Specific Plan, as well as approve the Development Agreement entitled, "Villages @ Paseo del Sol." RESPONSE TO PUBLIC HEARING NOTICE I PETITION IN OPPOSITION Apartments On September 28, 1999 the City Council received a petition from residents near Planning Area 8 of the Paloma del Sol Specific Plan (See Page 111-3, Figure 3A in the Specific Plan Amendment text). The petition contained 190 signatures (unverified) opposed to apartments. Amendment No. 7 proposes a senior community of 396 single family dwellings within Planning Area 8. Very High Density Residential is currently designated south of DePortola Road within Planning Area 6. Amendment No. 7 proposes to decrease the amount of acreage within Planning Area 6 by two acres and to decrease the density by 82 dwelling units. Furthermore, the Very High Density Residential designation is proposed to be shifted to the south half of Planning Area 6, across from the commercial projects, where apartments would be an appropriate land use. Drainage The Planning Commission heard testimony from Steve Corona, and subsequent documents were received regarding drainage and flooding problems on the Corona property on the northeast side of Butterfield Stage Road and State Highway 79 South. In response to the concerns raised, both Newland Communities and the Public Works Department provided the Commission with information regarding the role of Assessment District 159, the construction of Butterfield Stage Road in 1993, the proposed Butterfield Interceptor Channel, and the construction of a 20-acre interim detention basin by Newland Communities. FISCAL IMPACT: The developer will receive $364,408.20 in allowable Development Impact Fee credits for street system improvements. ENVIRONMENTAL DETERMINATION: Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the Riverside County Board of Supervisors on September 6, 1988. Addendum Nos. 1 and 2 were adopted by the City of Temecula City Council in 1992 and 1999 respectively. Addendum No. 3 is under consideration by the City Council on October 19, 1999. This project proposes no change to the maximum number of units for Planning Area 8 as reviewed by Addendum No. 3. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstances under which the project is being undertaken which require major revision in the EIR; or, new \\TEMEC FS101\VOLl\DEPTS\PLANNINGXSTAFFRPT\285Pa99.CC 11-9-99 formatted.doc 35 information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred. In addition, the previously certified EIR and Addendums addressed the number of lots for the site as proposed by Tentative Tract Map No. 24136, Amendment No. 2. Therefore, no further environmental analysis is required. Staff is recommending that the Commission make a determination of consistency with a project for which an Environmental Impact Report was previously certified. FINDINGS: Planning Application No. PA99-0285 (Amendment No. 7 to Specific Plan No. 219} 6. Amendment No. 7 as proposed and conditioned is compatible with the health, safety and welfare of the community. 7. Amendment No. 7 is consistent with the goals and policies of the City's adopted General Plan. 8. The project is compatible with surrounding land uses. The project proposes an overall reduction in the density and intensity of land uses. The proposed senior community option provides a greater diversity of housing products for the residents of the City of Temecula. 9. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land uses of the site and is consistent with the overall concept of Specific Plan No. 219, Paloma del Sol. 10. Amendment No. 7 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 235. Planning Application No. PA99-0283 ('Development Agreement} 3. The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. 4. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City Ordinances and Specific Plan No. 219. Attachments: City Council (Amendment No. 7 to Specific Plan No. 219) - Page 5 a. Exhibit A - Conditions of Approval - Page 9 b. Exhibit B - Amendment No. 7 text - Distributed under separate cover Resolution No. 99-__ approving Planning Application No. PA99-0285 Application No. PA99-0285 Exhibit A - Amendment No. 7 Zoning Standards text - Distributed under separate cover Addendure No. 3 to Environmental Impact Report No. 235 for Specific Plan No. 219, Paloma del Sol - Distributed under separate cover City Council Ordinance No. 99- approving Planning (Amendment No. 7 to Specific Plan No. 219) - Page 13 a. City Council Ordinance No. 99- approving Planning Application No. PA99-0283 (Development Agreement) - Page 19 b. Exhibit A - Development Agreement text - Distributed under separate cover September 15, 1999 Planning Commission Staff Report- Page 24 September 29, 1999 Planning Commission Staff Report - Page 25 \\TEMEC FS101\VOLI\DEPTS\PLANNING\STAFFRPT\285Pa99.CC 11-9-99 formatted.doc 36 September 29, 1999 Planning Commission Draft Minutes - Page 26 Correspondence - Page 27 a. From Steve Corona, testimony text and documentation c. From Newland Communities, letter dated October 6, 1999 d. Petition in Opposition to Apartments \\TEMEC FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285Pa99.CC 11-9-99 formatted.doc ' 37 ATTACHMENT NO. 6 APPEAL BY THE CORONA FAMILY \\TEMEC FS101\VOLl\DEPTS\PLANNING\STAFFRPT\285Pa99.CC 11-9-99 formatted.doc ' 38 City of Temecul Commenlty Development 43200 Bushess Park Drive · Te:necubl · CA · 9.~590 P.O. Box 9033, Temeeula, CA, 92589-9033 (909) 694-6400 · FAX (909) 694-6477 Apl 'al by CORONA RANCH Filed by: Michele A. Staples, Esl., Law OffiCes of Susan M. Trage~, 2100 S: E. Main Street, Suite 104, Irvine, CA 92614, Tel: (949) 752-8971; attorneys for Corona Ranch OfighlalCa~l~Tulr_ber(s) Planning Application Nos. PA99-0284 (Development Plan), PA99-0286 (Tentative Parcel Map No. 29431), PA99-0285 (Specific Plan Amendment A. PTE[~PO~ No. ~), and PA99-0283 (Development Agreement) The purpose a' the appesl procedure is to provide ~, method of xecourse for persons aggrieved by or dissatisfied w_th an action take, by an administrative agency of the City in the administration or enforcement o'7 any provisions of the Development Code. 1. Developrr ~nt. Application. 2. Appeal Farm. 3. Filing Fee. NOTICF- OF APpFAI, - ~ I-I'M1T . A no~ice of an '--ppeal by any individual who is aggz ieved by or dissatisfied with a decision made by him or in his behalf, or with any action, order, requirement, decision or determination shall not be acU~ upon unlckss fled within fifteen (15) calendar ch~ys atu= service of written notice of the decision. D. NOTICF. 0F APPEAl.- c-olsrr~-ksff.~ Appe.lling the dec.-sion of:- Plan:ling Commission, October 6, 1999 (Specify Director of l'iam~g or ~ Cammiaion AND A~tion Da~) Specify exactly what is being appealed: 1) Approval of development plan and tentative parcel map, and recommendation to approve specific plan .amendment and development agreement when applicant has failed to comply w'.th project's conditions of approval and mitigation measures prohibiting incre~ksed flood hazard to adjacent properties; and 2) reliance on addendum to EIR with mitigation requirements tha~ the applicant has failed to implement. Resin or justific~ttton to support he appeal Aplr. llant must submit with this atepeal each issue which the appellant alle~e~ was wrongly det~-mir~d toge. th': with every agreemen~ and a copy of every it~rn of evidence. (At ~t,h sepantt~ sheet of paper if neces~u'y). [SEE ATTACHED] ' The record before the Planning Commission is incorporated by reference. ~ ~ction t~ '~ tlk~: Conditional app'ova! of planning application nos. PA99-0284, PA99-0286, PA99-0285 and PA99-0283 on construction of :he "interceptor channel"' facilities prior to issuance of 'building permits. shall be allowed ~ve (5) calendar d'~ys in which to re~le the notice of aplP..al. Submitted by, LAW OFFICES OF SUSAN M. TRAGER Attorneys for Corona Ranch ATTACHMENT TO NOTICE OF APPEAL BY CORONA RANCH By this appeal, James and Mary Corona and the Corona family (collectively, "Corona Ranch") respectfully request that the City of Temecula ("City") City Council overturn the Planning Commission's approval of the above-referenced planning applications and suspend all action on the Cal-Paloma Del Sol project, including the above-referenced applications. This appeal is based on the applicant's failure to comply with conditions placed on the overall project prohibiting increased flood hazards to adjoining properties, including Corona Ranch. The Rancho Villages Development Criteria and environmental impact report 235 ("EIR") prohibit increased flood hazards to adjacent or downstream properties. (Reference EIR 235, pp. 315- 321, attached as Exhibit "A.") Development of the project to date has resulted in filling the natural drainage course that formerly flowed to the north of the Corona Ranch, across Butterfield Stage Road, to Temecula Creek. Butterfield Stage Road improvements were constructed to accommodate the development's alteration of the natural drainage pattern. As a result, a flood hazard was created on Corona Ranch that did not formerly exist in direct contravention to the Rancho Villages Development Criteria and EIR 235. (Reference Exhibit A, page 318.) To date, the applicant has failed to come into compliance with the development criteria and conditions placed on the project. Instead, the City has allowed the project to proceed on grounds that new approvals (including the Planning Commission's approvals that are the subject of this appeal) would not cause any additional flood hazards to Corona Ranch and other adjoining properties. The City is applying the wrong legal standard. The project itself is out of compliance with conditions of its approval. Additionally, the California Environmental Quality Act ("CEQA") requires preparation of a subsequent EIR for a project, and precludes reliance on an addendum, when substantial changes occur to the circumstances under which a project is to be undertaken, or new information shows that project impacts will be substantially more severe. 14 Cal. Code Regs. S 15162. Project grading and improvements to Butterfield Stage Road have effectively blocked drainage through the area, creating significantly increased flood hazards to upstream properties than were previously identified. Since 1988, there have been significant changes in the topography of the area adjacent to the project, including Butterfield Stage Road. The City has yet to analyze these significant changes in the circumstances under which the project is being carried out and to mitigate the cor\10doc199.mas 1 significant increased flood hazards. Instead, the applicant has relied on the County of Riverside ("County") Assessment District #159 to construct off-site interceptor channel facilities to mitigate the increased flood hazards to other properties caused by the project grading and/or by the flood control facilities designed in connection with the Butterfield Stage Road improvements to accommodate the project. Assessment District 159 is not responsible to mitigate the increased flood hazards resulting from the project. The applicant is. To date, the necessary interceptor channel facilities have not been constructed. In fact, representatives of the County have recently indicated that there are insufficient funds in Assessment District 159 to construct the necessary facilities. Further, the applicant is responsible to fund 95% of the costs of those facilities. No further implementation of the project should proceed and no further project approvals should be granted unless and until adequate facilities have been constructed to alleviate the flood hazards caused to Corona Ranch. cor\10doc199.mas 2 - Final slopes will be contour graded and will blend into natural contours. 3. Wind Erosion and Blowsand The project site is not located within the wind/erosion or blowsand area designated within the Comprehensive General Plan. This topic also was not identified as an area of concern within the Notice of Preparation for the project. Therefore, the issue of Wind Erosion and Blowsand is not addressed within this EIR. 4. Flooding The following discussion is based upon a "Preliminary Drainage Assessment for The Meadows at Rancho California,, (August 18, 1987) prepared by Robert Bein, William Frost and Associates. This report is included in Section D., Techni'cal APpendices. a. Existinc Conditions/General Plan Policies The Project site is within the jurisdiction of the River- side County Flood Control District and Water Conservation Agency. All hydrologic calculations Performed for the current analysis were based on the Riverside County hydro- logy methods as outlined in their manuals. The majority of the project is located within the Temecula Creek watershed, close to the confluence of the Temecula Creek and Murrieta Creek. A small area in the northern Portion of the site does drain directly into Murrieta Creek. (See Figure 56 ExiStin Creek is an extremely larae re iona~ w ydrology.) Temecula many square miles of area Temec tershed encompassing g · Creek is also being currently studied by the Riverside County Flood Control District· There are no existing floodplain maps for Temecula Creek; however, there may be regional flooding adjacent to Highway 79. As shown on Figure 56, Existing Hydrology, the majority' of the site drains in an east to west direction and is eventu- ally tributary to Temecula Creek through an existing under capacity battery of culvert crossings of Highway 79. Off- site drainage enters the site from the east along Butter- field Stage Road. The area east of Butterfield Stage Road and north of De Portola Road is known as ,,~ Ranch,,. This area currentl h utterfield Stage n e _y as tent a P ned re tentatively to enter the project boundary at four locations in storm drain pipes. These storm drains will be connected to the master plan drainage system for the specific plan area. (See "Impacts,, below.) 315 One other significantly large off-site drainage basin has been identified which may impact the project. This area is located east of Butterfield Stage Road and south of De Portola Road and is naturally tributary to Temecula Creek. (See Figure 56, Existing Hydrology.) A regional master plan of the area could include this as a tributary to the intersection of De Portola Road and Butterfield Stage Road, but was not considered in this analysis since it is not naturally tributary at this location. Coordination with the land use master plans and property owners should be investigated to refine the location of this system. The remainder of the smaller drainage basins originate on-site since the project is located on or near the ridge- line. The small drainage areas are generally in the form of small narrow canyons in the northerly portions of the site which are very steep. The slopes of the drainage courses flatten significantly where they discharge into the Temecula Valley near Highway 79. Temecula Valley is an alluvial wash type valley and this is a typical response for this type of drainage pattern. A portion of the project site may be located within the Murrieta Creek Area Drainage Plan and would be subject to drainage fees. The Temecula Valley area has a drainage fee of $932/acre associated with development. Approximately 142 acres of the site is within this assessment area. The remainder of the site is not encumbered with ~ny other known drainage fees. General Plan Policies The project site is shown as being subject to inundation from Vail Dam on the County Map of Dam Inundation Areas - 100 Year Flood Plains - Area Drainage Plans. Though not depicted as lying within the limits of an Area Drainage Plan, the project engineers have stated that approximately 142 acres of the site lie within the Temecula Valley Drain- age Area and that northern portions of the site may lie within the Murrieta Creek Area Drainage Plan. The following Land Use Standards - Flooding from the Envi- ronmental Hazards and Resources Element of the Comprehen- sive General Plan are applicable to the project site: Flood Hazard Mitigation - Proposed developments are reviewed for location in flood hazard areas, including floodways, floodplains, areas subject to sheetflow or local ponding, and dam inundation areas. A drainage study may be required. All flood-related hazards must be adequately mitigated. 316 Floodplains - If a development proposal includes an area located in a floodplain, all new structures and substantial improvements to existing structures shall be constructed on a pad the elevation of which is up to or above the 100-year flood elevation. A drainage study may be required. Drainage Improvement Fees - A development proposal located within the boundaries of an adopted Area Drainage Plan is required to pay a fee in the amount set forth in the plan for the support of drainage improvements. Rancho Villages Development Criteria applicable to the project is as follows: a) Development shall not result in increased flood hazards to adjacent or downstream properties. In order to avoid these hazards, both on- and off-site improvements may be utilized. Drainage fees or other appropriate mitigation measures may be required to improve the area's flood control system prior to development. b. Protect Impact/Relationship to General Plan Policies Development of The Meadows at Rancho California Specific Plan would require a combination of cuts and fills which would alter the existing on-site drainage patternsj Howev- er, no drainage area will be diverted from its natural tributary drainage course. Development of the site will result in increased runoff due to the creation of impervi- ous surfaces. Figure 57, Drainage Plan, includes calcu- lated 100-year frequency discharges associated with project development. Calculations were based on the Riverside County Flood Control District Hydrology Manual and Proce- dures. As shown on Figure 57, Drainage Plan, the storm drain master plan is comprised of several large conduit systems which traverse the project. The largest of these storm drain systems intercepts proposed storm drains from the development to the east of Butterfield Stage Road. This system ranges in size from a 39" to a 120" diameter storm drain. This system generally follows the same alignment and direction as the existing drainage pattern, flowing in an east to west direction. This system will outlet into its natural streamcourse when it leaves the eastern project boundary at the crossing of Margarita Road. The configura- tion of the storm drain outlet at Margarita Road will be a concrete energy dissipation/flow spreading device in order to mitigate higher pipe exit velocities and provide a non-erosive velocity into the existing stream. As previ- ously discussed project implementation will result in 318 li z i ..<...~. cj ~,. ..... z~i rJj<~~ ! :'° increased runoff. In order to mitigate the increase in runoff at Margarita Road outlet, the larger east/west storm drain could be realigned to discharge directly into Temecula Creek. Three storm drain systems are proposed along the southern project boundary to outlet directly into Temecula Creek. The precise discharge locations would have to be determined by off-site owners. These three storm drains generally run in a north to south direction, generally following the existing drainage pattern. The proposed storm drain system in Butterfield Stage Road will intercept two proposed storm drains by the adjacent development to the east. All of the storm drain outlets will be higher pipe outlet velocities. Relationship to General Plan Policies The Meadows at Rancho California Specific Plan responds The Land Use Standards for Flooding, as follows: to 1) Flood Hazard Mitigation - In accordance with these standards, a drainage study has been prepared, resulting in the Figure 57, Drainage Plan. This study is included as Section D, Technical Appendices. Due to the site's location within a "Dam Inundation Area" of the Vail Dam, the development proposal will be reviewed for siting constraints by the County Flood Control District and the County Planning Department. 2) Floodplains - The site does not lie within the identi- fied floodplain area, though additional study of the Temecula floodplain is recommended. (See "Mitiga- tions".) 3) Drainage Improvement Fees - If required, the developer will contribute $932 per acre for the approximately 142 acres of the site which lie within the Temecula Valley Drainage Area. A portion of the project site may also be subject to fees associated with the Murrieta Creek Area Drainage Plan. In accordance with the Rancho Villages Development Crite- ria, development will not result in increased flood hazards to adjacent or downstream properties. As discussed above, drainage fees will be paid for those portions of the site located within the Temecula Valley or Murrieta Creek Area Drainage Plans. c. MitiGations A more in-depth assessment of the Temecula floodplain should be conducted during the final design and preparation of the tentative tract maps. The study will require a regional hydrologic analysis of the Temecula Creek water- 320 shed and detailed floodplain mapping of the Temecula Creek adjacent to the project site. All improvements will be constructed in accordance with the standards of the Riverside County Flood Control District. Erosion control devices will be utilized in hillside devel- opment areas to mitigate the effect of increased runoff at points of discharge. Possible devices may include tempo- rary berms, culverts, sandbagging or desilting basins. The configuration of the major storm drain outlet at Margarita Road will be a concrete energy dissipation/flow spreading device in order to mitigate higher pipe exit velocities and provide a non-erosive velocity into the existing stream. 5. Noise The issue of "Noise" was addressed in the "Draft Environ- mental Impact Report for Rancho Villages General Plan Amendment", sponsored by Kacor Realty and submitted to the County of Riverside in August, 1980. A Noise Assessment was performed as part of that General Plan Amendment EIR by the firm of Hilliard and Bricken. As The Meadows at Rancho California Specific Plan is being proposed in accordance with that GPA, that Noise Assessment is hereby incorporated by refer-ence into this Draft EIR document. However, specific policies and development criteria related to noise are included in the following discussion. a. Existin~ Conditions/General Plan Policies As the project site is presently undeveloped, it generates little noise. Primary existing noise sources in the pro- ject area include vehicular noise along State Route 79, Margarita Road, De Portola Road, and Pauba Road. General Plan Policies The project site is not shown as noise impacted, per the County of Riverside Airport Noise Impact Area Map. The Environmental Hazards and Resources Element of the Compre- hensive General Plan includes Land Use Standards addressing Noise. Those which are relative to the proposal are listed below: 1) The following uses shall be considered noise sensitive and shall be discouraged in areas excess of 65 CNEL (dBA): Single and multiple family residential, group homes, hospitals, schools and other learning institu- tions, and parks and open'space lands where quiet is a basis for use. 2) Proposed noise sensitive projects within noise impacted areas shall be required to have acoustical studies 321 I_~W OFP'IC[e. ,,~USAN IVt. TRAGER II:qVINIr, CALIFORNIA october 19, 1999 E-MAIL: tregerlswJ~eefthllnk,nel VIA TELE_CO. PY City Council City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: John De Gangs Re: Planning Application Nos. PA99-0283, PA99-0285; Environmental Impact Report No. 235, Cal-Paloma Del S01 -- October 19, 3999, Agenda Item No. 10 Dear Honorable Council Members: We represent James and Mary Corona and the Corona family (collectively, the "Coronas"). The Coronas own land adjacent to the above-referenced project, northeast of the intersection at Butterfield Stage Road and Highway 79. The Coronas respectfully request that the City of Temecula ("City") City Council suspend all action on the Cal-Paloma Del Sol project, including the above-referenced applications, until after construction of the flood control facility necessary to mitigate project-related flooding hazards to the public roads and private property adjacent to the development. The Coronas also request that a subsequent environmental impact report ("EIR") be prepared to evaluate the current hydrology of the area and mitigate the increased flood hazards surrounding the project prior to consideration of the above-referenced applications. The Coronas' requests are consistent with the laws applicable to the City Council's proposed actions today. The City is required to fully enforce mitigation measures through permit conditions, agreements or other measures. Public Resources Code S 21081.6. Likewise, one purpose of a development agreement is to assure the applicant that the project may proceed in accordance with existing p~l..~Cies. rules and regulations. and subject to cond.i~ions of approval - not to allow a project to cor\101tr599-mas SUSAN M. TRAGER City Council October 19, 1999 Page 2 proceed despite its failure to comply with project requirements. Government Code S 65864. EIR No. 235 was approved and certified for the ~roject over 11 years ago. No subsequent EIR has been prepared sxnce then, even though environmental conditions and circumstances have significantly changed. The EIR imposed mitigation measures on the project consistent with applicable provisions of the Environmental Hazards and Resources Element of the General Plan and the Rancho Villages Development Criteria. Those measures prohibit increased flood hazards to adjacent or downstream properties and require that all flood-related hazards must be adequately mitigated. They also require preparation of an in- depth study of the Temecula Creek flood plan. (Reference EIR 235, pp. 315-321.) So far, development of the project has resulted in filling the natural drainage course that formerly flowed to the north of the corona Ranch, across Butterfield Stage Road, to Temecula Creek. Butterfield Stage Road improvements were constructed to accommodate the developmentms alteration of the natural drainage pattern. As a result, a flood hazard was created on Corona Ranch that did not formerly exist in direct contravention to the development criteria applicable to the project and the mitigation measures set forth in EIR 235. (Reference EIR 235, pages 316, 318.) To date, the applicant has failed to come into compliance with the development criteria and conditions placed on the project. Instead, the City has allowed the project to proceed on grounds that new approvals would not cause any addit.lona] flood hazards to Corona Ranch and other adjoining properties. The City is illegally permitting the project to proceed without enforcing the mitigation measures adopted for the project. project grading has altered the drainage course that previously existed in the pre-project condition. Since 1988, there have been significant changes in the topography of the area adjacent to the project, including Butterfield Stage Road. The City has yet to analyze these significant changes in the circumstances under which the project is to be carried out and mitigate the significant increased flood hazards. Instead, the project proponent has asserted that the County of Riverside cor\lOitr,~99.mS~ c"ro','mM F;C::;~I17gqgR~, ~ N':lqHNI !J NHc::;FI% c:;c;:'E"l: gl:;/'F;'l:/R"[ City Councfl October 19, 1999 Page 3 ("County") Assessment District #159 is to construct an off-site interceptor channel to mitigate any increased flood hazards to other properties caused by the Paloma De1 Sol project grading and/or by the flood control facilities designed in connection with the Butterfield Stage Road improvements to accommodate the Paloma De1 S01 project. Last year, at the City Council's meeting on January 13, 1998, in connection with application PA97-0158, the Coronas brought to the City Council's attention a technical report regarding the project's detention basin (Hydrology and Hydraulics Report, Paloma Del Sol Interim Detention Basin in Tract 24182, prepared by Keith International, Inc.). At that meeting, the City Council requested that the applicant submit a copy of the report for inclusion in the project files, and the applicant committed to do so. The interim detention basin report is incorporated by reference herein. The report provides evidence that unless and until the necessary interceptor channel is constructed, public roadways adjacent to the project site are in danger of significant flooding. The report confirms that the project has been designed with the assumption that the interceptor channel is in place. (Reference interceptor channel report, Executive Summary, paragraph 2.) Based on the data and conclusions set forth in the interceptor channel report, unless and until the interceptor channel is constructed, the project's detention basin will fill in a little more than two hours during a 100-year storm event, turning Highway 79 into a flood control channel for the remaining four hours of the storm, carrying approximately 1,500 cubic feet of water per second. The maximum depth of water crossing Butterfield Stage Road would be two feet, and the maximum depth of water crossing Highway 79 would be one foot. The full force of the 100-year flood would be delivered Upon the commercial corner at Highway 79 and Margarita. The record before the City shows that the ~pp]~c~nt is responsible to mitigate flood hazards resulting from the project. It also shows that the County has recently indicated that there are insufficient funds remaining in AD #159 to construct the interceptor channel. Under AD #159, the applicant is responsible for over 90% of the cost of the interceptor channel. Unless required by the City to construct the flood control channel, the cor~101tr599 .mas c~o'n~, CC.~l~q~[~ ~- MqqHMf LJ NHqRq Cq:g'I PG/RI/[3I SUSAN City Council October 19, 1999 Page 4 applicant (with over 90% of the voting power) could easily defeat any attempt to impose a supplemental assessment. There is also no evidence in the record that the required in-depth assessment of the Temecula Creek flood plain was ever conducted during the proJect's final design and preparation of the tentative tract maps, as required by mitigation measures adopted for the project. On this record, the City can no longer relieve the applicant from its legal responsibilities and instead rely on AD #159 to mitigate the project-related flood hazards. It is illegal for the City to approve the current application based on an addendum to an outdated EIR. The California Environmental Quality Act requires preparation of a subsequent EIR for a project when substantial changes occur to the circumstances under which a project is to be undertaken, or new information shows that project impacts will be substantially more severe. 14 Ca1. Code Regs. S 15162. Project grading and improvements to Butterfield Stage Road have effectively blocked drainage through the area, creating significantly increased flood hazards to adjacent properties than was previously identified in EIR 235. In fact, EIR 235 acknowledges that it has not analyzed the project impacts related to the large natural drainage system that formerly flowed north of Corona Ranch across Butterfield Stage Road, and through the project site, in reliance on the "in-depth" hydrologic study required in the mitigation measures. (Reference EIR 235, p. 316.) Ten years after the project EIR was approved, no interceptor facility has been constructed to alleviate the flood hazards, contrary to assumptions made in project design and the prior environmental impact analysis. As the agency that is granting the next discretionary approval for the Paloma Del Sol project, it is the City'~ responsibility to prepare the subsequent EIR. 14 Cal. Code Regs. S 15162(c). When it adopted the first amendment to Specific Plan No. 219, the City adopted a condition requiring that an environmental assessment shall be conducted for each tract, change of zone, plot plan, specific plan amendment, or any other discretionary permit required to implement the specific plan. At a minimum, the condition requires that the environmental assessment must utilize the evaluation of impacts addressed in EIR 235. cor~lOltr599.m~$ mme/cee~ ~m'n~ ~6I~6960~ + 8~9V~1 W NVSF]S GG:[I 66/6I/0I LAW OFFICES OF SUSAN M. TmAGE~ City Council October 19, 1999 Page 5 [Reference Resolution 91-36, Condition of Approval No. 12.) city's reliance on the proposed addendum to EIR 235 would be contrary to the conditions it imposed on the project. The The City's proposed resolution, ordinances, and determination of consistency to EIR 235 are not supported by evidence in the record. The information provided in this letter and in previous testimony before the Planning Commission on behalf of the Coronas contradict the proposed findings. The Coronas request that the city deny approval of the above-referenced applications and order the project proponent to cease and desist any further implementation of the project until the in-depth hydrologic study has been completed, the flood control facility has been constructed, and an adequate subsequent EIR analyzing the current circumstances has been completed. Sincerely, LAW OFFICES OF SUSAN M. TRAGER A Professional corporation MAS:ch Michele A. Staples CO: Mr. Steve Corona (via telecopy) Peter Thorson, Esq. (via telecopy) cork101t~599-ma~ Ccc T~CC~C~C ~ ~rz3clH~l I L! ~Cnc. tIC :9I ~/{7 ATTACHMENT NO. 7 RESPONSE TO APPEAL FROM NEWLAND COMMUNITES UNDER SEPARATE COVER F:\DEPTS\PLANNING\STAFFRPT\285pa99-CC 11-9-99 formatted.doc 39 ITEM 13 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager November 9, 1999 Planning Application No. PA98-0447 (Tentative Tract Map), a request to subdivide 6.31 acres of land into twenty-four (24) residential lots; and PA99-0238 (Development Agreement), a request for a Development Agreement to allow a minimum five (5) foot side yard setback. Prepared by: RECOMMENDATION: Thomas Thornsley, Project Planner Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99-__ "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HIRAM- HILL, LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3), LOCATED ON THE SOUTH SIDE VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY." RECOMMENDATION: Approve a resolution entitled: CC RESOLUTION NO. 99- "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF PLANNING APPLICATION NO. PA98-0447 FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3), LOCATED ON THE SOUTH SIDE VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY." F:\Depts\PLANNING\STAFFRP'R447Pa98 cc.doc 1 BACKGROUND: The Planning Commission recommended that the City Council approve Planning Application No. PA98-0447 and Planning Application No. PA99-0238 with unanimous votes (4-0, Commissioner Naggar was absent) on both projects September 29, 1999. DISCUSSION: A Development Agreement is being requested to modify the minimum side yard setback to allow for a minimum setback of five feet on both sides. The development standards for Low Medium Density Residential (Chapter 17, Table 17.06.040, Note 3.) require that "the combined side yard setback for both sides must equal at least fifteen feet with one side having at least ten feet to provide potential vehicular access to the rear of the property and shall be located on the same side as the driveway." Side yard setbacks shown on the expired map were all five feet and the same setback was the standard for the development in all the surrounding tracts. These surrounding subdivisions and the expired tract map were designated or developed under the old County standards that were used by the City until the current Development Code was adopted in 1995. In the applicant's effort to meet the current lot dimension standards the intended number of lots proposed under Planning Application No. PA99-0447 (Tentative Tract No. 29036) has dropped from 28 to 24. After reducing the number of lots and anticipating the typical homes that could be build on these lots, it was determined that several lots would not be able to comply with the side yard setback. To meet this setback requirement would require the loss of three to four additional lots. The applicant does not consider this additional loss economically feasible. To achieve some flexibility to the standards the City Attorney recommended that the Applicant pursue a Development Agreement. State law permits minor alterations to development standards through the use of a development agreement. He felt this was a reasonable request (five foot side yards) and would be consistent with the General Plan because the request would allow development that is consistent with the surrounding tracts. ENVIRONMENTAL DETERMINATION An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. A Mitgated Negative Declaration is hereby granted. The proposed map provides adequate access, circulation and developable lots. The proposed lots comply with the minimum lot size requirements of the Low Medium Density Residential zoning classification pursuant to Chapter 17, Table 17.06.040 of the Development Code. The parcels are consistent with the General Plan Land Use Map and the zoning map. Therefore, staff recommends approval of Tentative Tract Map No. 29036 based upon the following findings: FISCAL IMPACT: The adoption of this Development Agreement is solely to permit a minor alteration to the City's development standards. There are no fiscal impacts. Attachments: 2. 3. 4. City Council Ordinance No. 99- Development Agreement (PA99-0238) - Page City Council Resolution No. 99- Tentative Tract Map No. 29036 (PA99-0238) - Page Planning Commission Staff Report (dated September 19, 1999). Draft Planning Commission Minutes (dated September 19, 1999). \\TEMEC_FS101\VOL1\Depts\PLANNING\STAFFRP'R447Pa98 cc.doc ATTACHMENT 1 ORDINANCE NO. 99- APPROVING PA99-0238 \\TEMEC_FS101\VOLI\Depts\PLANNING\STAFFRPT\447pa98 cc.doc 3 ATTACHMENT 1 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HIRAM- HILL, LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3), LOCATED ON THE SOUTH SIDE VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY WHEREAS, Section 65864 et seq. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Hiram-Hill, LLC has filed with the City of Temecula an Planning Application No. PA99-0238 for a Development Agreement which reflects an amendment the Development Standards that apply to side yard setbacks (hereinafter "this Agreement"), of a residential housing subdivision on its property, Tentative Tract No. 29036 with 24 lots (parcels 1-4 of Parcel Map No. 13784 and a portion of lots 16-20 and 26-28 of Tract Map No. 20882-3), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with Hiram- Hill, LLC has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings September 29, 1999 (Planning Commission), and November 9, 1999 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Hiram-Hill, LLC, that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of Low-Medium Density Residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to herein is located as this Agreement provides for residential development pursuant the City's Development Code; C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances and through the allowance of equitable standards for the protection thereof; \\TEMEC_FS101\VOL1\Depts\PLANNING\STAFFRP'I'%447pa98 cc.doc 4 E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; I. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; J. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1. Acceleration of both the timely development of subject property in an orderly manner consistent with the surrounding tracts as well as the payment of municipal revenue; 2. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of unimproved lots; and 3. Payment of Development Impact Fees (fire, library, traffic signal mitigation, development and RSA). Section 2. ENVIRONMENTAL COMPLIANCE. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval for the map have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby granted. Section 3. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Exhibit A is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 4. SEVERABILITY. The City Council hereby declares that the provisions of this F:\Depts\PLANNING\STAFFRPT\447pa98 cc.doc 5 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 5. 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 6. 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. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of ,1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] 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 Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9th day of November, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101~VOL1\Depts\PLANNING\STAFFRPT\447pa98 cc.doc 6 EXHIBIT A DEVELOPMENT AGREEMENT F:\Depts\PLANNING\STAFFRPT%447pa98 cc.doc ? Recorded At The Request Of And When Recorded Mail To: Susan Jones City of Temecula P.O. Box 9033 Temecula, Califomia 92589-9033 DEVELOPMENT AGREEMENT NO. PROPERTY LOCATED AT TEMECULA, CALIFORNIA. CONCERNING THIS AGREEMENT is made and entered into as of the "Effective Date" set forth herein by and between HIRAM-HILL DEVELOPMENT COMPANY, LLC ("Developer") and the CITY OF TEMECULA, a municipal corporation organized and existing under the laws of the State of California ("City"). WITNESSETH: A. Recitals. (i) California Government Code Sections 65864, et seq. authorize cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (ii) Developer has a legal and equitable interest in and to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." (iii) The Site is now designated on the City's Zoning Map. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (iv) On ,1999, City adopted its Ordinance No. __, thereby approving this Development Agreement with Developer and said Ordinance was effective on ,1999. L\TEMECULA\DEVAGRE 9/9/99 B. AGREEMENT. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City ofTemecula, Califomia. b. "Developer" is Hiram-Hill Development Company, LLC c. "Project" is that development approved for the Site as provided in this Development Agreement consisting of those uses and development standards set forth on Exhibit "B" attached hereto. The uses identified on Exhibit "B" are distributed into specific categories whereby the scope of development entitlement is specified. Where a use or a development standard is not expressly set forth herein, the standards of the applicable zoning district shall apply. d. "Effective Date" shall mean the 3 1 st calendar day following adoption of the Ordinance approving this Agreement by City's City Council. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that he has full legal title to the Site, that he has full legal right to enter into this Agreemerit and that the persons executing this Agreement on behalf of Developer and lienholder have been duly authorized to do SO. 4. Binding Effect of Agreement. Developer hereby subjects the Project and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants rtmning with the land and shall pass to and be binding upon Developer's successors and assigns in title or interest to the Project. Each and every contract, deed or other instrument hereinaRer executed, covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the Project is rendered less valuable thereby. The City and L\TEMECULAXDEVAGRE 9~9~99 2 Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Developer and the future occupants of the Project, the intended beneficiaries of such covenants, reservations and restrictions, and by furthefing the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Temecula. 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. Term of Agreement. The duration of this Development Agreement shall be five (5) years following the Effective Date. Upon expiration of the term commencing immediately after the Effective Date, if the Developer has not performed construction work on the Site or any portion or portions thereof pursuant to a building permit or permits issued by City, that portion of the Site upon which construction work has not then been performed shall then be deemed to be subject to the development standard within the zoning district underlying this Agreement, and the development of such portion of the Site then and thereafter shall be governed accordingly by that zoning category. Once a building permit is issued for any portion of the Site, Developer shall complete that construction for which a permit has been issued within one (1) year. For the foregoing purpose, construction work shall not include preparation of plans, engineering work or grading. The units constructed pursuant to the development standards set forth on Exhibit "B" shall considered conforming to applicable development standards. 7. Assignment. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer this Site or any lot or lotscomprising the Site to any person or entity at any time during the term of this Development Agreement. Any such transfer shall be deemed to include an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any act or concurrence by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer. 8. General Standards and Restrictions Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site and any portion or lot thereof, pursuant to this Development Agreement: a. Developer shall have the right to develop the Project on the Site in accordance with the terms and conditions of this Agreement and City shall have the right to control development of the Site in accordance with the provisions of this Agreement. L\TEMECULA\DEVAGRE 9/9/99 3 b. The density and intensity of use, the uses allowed, the size of proposed buildings, provisions for the reservation or dedication of land for public purposes, the maximum height of proposed buildings and location of public improvements, together with other terms and conditions of development applicable to the Site, shall be as set forth in this Development Agreement. 9. Effect of City Regulations on Development of Project. Except as expressly provided in this Development Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Zoning Ordinance, in effect as of the effective date of this Development Agreement, shall apply to the construction and development of the Site. a. The provisions of this paragraph shall not preclude the application to the development of the Site those changes in City Ordinances, regulations, plans or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Govemment Code Section 65869.5 or any successor provision or provisions. b. The payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be pursuant to those fees in effect at the time application is made for such approvals or permits. c. City may apply any and all new ordinances, rules, regulations, plans and specifications to the development of the Site after the effective date provided such new rules and regulations do not conflict with the terms of this Development Agreement as of the effective date. d. Nothing herein shall prevent the application of health and safety regulations (i.e., fire, building, seismic, plumbing and electric codes) that become applicable to the City as a whole. 10. Public Benefit. The direct and indirect benefits the CITY will receive pursuant o implementation of the Agreement include, but are not limited to the provision of comprehensive planning for a single family detached residential unit development that serves as an important transition between previously developed residential developments. 11. Permitted Uses. Those uses allowed on the Site shall be those uses permitted pursuant to this agreement and the applicable City of Temecula zoning district.. 12. Annual Review. During the term of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. L\TEMECULA\DEVAGRE 9/9/99 4 13. Indemnification. Developer agrees to, and shall, hold City and its elected officials, officers, agents, consultants and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the construction and operation of the Project. Developer agrees to, and shall, defend City and its elected officials, officers, agents and employees with legal counsel of such defendants selection, with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the project. This hold harmless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. 14. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Govemment Code Sections 65868., et seq., or successor provisions thereto. 15. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan may be approved by the Director of Community Development pursuant to the terms of City's Zoning Ordinance. 16. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice reasonably detailing such default to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. 17. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. If a finding and determination is made by City following an annual review pursuant to paragraph 15 hereinabove, upon the basis of substantial evidence, that Developer has L\TEMECULA\DEVAGRE 9/9/99 5 not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 15 hereinabove; or c. A breach by Developer of any of the provisions or terms of this Agreement, after notice and oppommity to cure as provided in paragraph 15 hereinabove. 18. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 19. Rights ofl ,enders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "a trust deed"); c. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 20. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) and afford Lender the opportunity after service of the notice to: a. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; L\TEMECULA\DEVAGRE 9/9/99 6 b. Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or c. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 21. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: a. They are commenced within thirty (30) days after service on Developer of the notice described hereinabove; b. They are, after having been commenced, diligently pursued in the manner required by law to completion; and c. Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 22. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto: To Developer: Hiram-Hill Development Company, LLC 610 Newport Center Drive Suite 1055 Newport Beach, California 92660 To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager With Copy to City Attorney L\TEMECULA\DEVAGRE 9/9/99 7 23. Attomeys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attomeys' fees incurred during the proceeding as may be fixed within the discretion of the court. 24. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 25. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 26. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 27. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County 0f San Bemardino within sixty (60) calendar days following the Effective Date. In the event this Agreement is not executed by all parties and recorded as of the date specified herein, this Agreement shall be null and void. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: ,1999 CITY OF TEMECULA, a municipal corporation By: Attest: Mayor Susan Jones, City Clerk, City of Temecula PENCO DEVELOPMENT Dated: By: L\TEMECULA\DEVAGRE 9/9/99 8 STATE OF CALIFORNIA COUNTY OF SS. On before me, , a notary public in and for said State, personally appeared , personally known to me (or 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/her/their 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. Signature L\TEMECULA\DEVAGRE 9/9/99 9 EXHIBIT" A" DESCRIPTION OF PROPERTY L\TEMECULA\DEVAGRE 9/9/99 10 EXHIBIT "B" DEVELOPMENT STANDARDS RESIDENTIAL DEVELOPMENT STANDARDS LM Minimum lot area (square feet) Minimum average lot area per dwelling unit Dwelling units per acre 7,200 7.200 s.f. 4.5 LOT DIMENSIONS Minimum lot frontage at front property line Minimum lot frontage for a flat lot at front property line Minimum width at required front setback area Minimum average width Minimum lot depth 3OR. 20 ~. 30t~. 50 It. 8OR. SETBACKS Minimum front yard Minimum comer side yard Minimum interior side yard Minimum rear yard Maximum height 20 ft. 15it. 20 It. 35 ft. PROJECT SPECIFICS Parcels 1 through 4 of Parcel Map No. 13784 and a portion of lots 16 through 20 and 26 through 28 of Tract Map No. 20882-3 Tentative Tract Map No. 29036 Proposed Number of Lots: 24 Total Acres: 6.32 Acres L\TEMECULA\DEVAGRE 9/9/99 11 ATTACHMENT NO. 2 RESOLUTION NO. 99- F:\Depts\PLANNING\STAFFRP'I~447pa98 cc.doc 8 ATTACHMENT 2 RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. PA98-0447 FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3), LOCATED ON THE SOUTH SIDE VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY WHEREAS, the City Council of the City of Temecula has received an application from Hiram-Hill, LLC, for Planning Application No. PA98-0447 (Tentative Tract Map No. 29036); and, WHEREAS, Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission was scheduled to hold a noticed public hearing on September 15, 1999, on the issue of recommending approval or denial PA98-0447 (Tentative Tract Map No. 29036); and, WHEREAS, the Planning Commission, due to a lack of a quorum, continued Planning Applications No. PA98-0447 (Tentative Tract Map No. 29036) to a special Planning Commission Hearing on September 29, 1999; WHEREAS, the Planning Commission considered Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) on September 29, 1999, 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, the Planning Commission voted unanimously (4-0 Commissioner Naggar was absent) to recommend that the City Council approve Planning Applications No. PA98-0447 (Tentative Tract Map No. 29036); WHEREAS, the City Council considered Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) on November 9, 1999, 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 Council hearing and after due consideration of the testimony, the Council considered all facts relating to Planning Application No. PA98-0447; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated \\TEM EC_FS 101 \VOL1 \Depts\PLAN N ING\STAF FRPT%447pa98 cc.doc 9 Section 2. Findings. That the Temecula City Council, in approving Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460. A. The proposed land division and the development agreement for this project are compatible with the General Plan designation and zoning. The site is physically suitable for the type and density of development. The General Plan Land Use designation for the site is LM (Low Medium Density Residential). Tentative Tract Map No. 29036 proposes twenty-four (24) residential lots, which comply with the minimum lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. B. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code and Subdivision. The project proposes one street access to Via La Vida and is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. C. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take direct access from Via La Vida and will not obstruct any easements. D. The map as proposed, conforms to the logical subdivision of the site, and is compatible with the health, safety and welfare of the community. The subdivision is compatible with the surrounding areas as the site is will be developed pursuant to the General Plan, the Development Code, and the Development Agreement, all of which regulate residential parcels and development. Future development of residential units will be compatible and sensitive to the surrounding residential development. In addition, the proposed subdivision provides adequate access and circulation for emergency vehicles and will not impact existing circulation or emergency vehicle access. The project as conditioned, will comply with the City's Development Code, General Plan and subdivision requirements. Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed proiect could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) located on the southwest corner of State Highway 79 and Via La Vida, and known as parcels 1-4 of Parcel Map no. 13784 and a portion of lots 16-20 and 26-28 of Tract Map no. 20862-3. Section 5. PASSED, APPROVED AND ADOPTED this 9th day of November, 1999. Steven J. Ford, Mayor \\TEMEC_FS101\VOL1\Depts\PLANNING\STAFFRPT%447pa98 cc.doc 10 ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] 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 Resolution No. 99- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9th day of November, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk \\TEMEC_FS101\VOL1\Depts\PLANNING\STAFFRP'R447pa98 cc.doc 1! EXHIBIT A CONDITIONS OF APPROVAL F:\Depts\PLANNING\STAFFRPT\447pa98 cc.doc 12 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) Project Description: Assessor's Parcel No.: Approval Date: Expiration Date: PLANNING DIVISION The subdivision of 6.31 acres of land into twenty-four (24) lots zoned Low Medium Density Residential. 921-660-026, -027, -041, and -042 November 9, 1999 November 9, 2001 Within Forty-Eight (48) Hours of the Approval of this Project 1. 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 Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. 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 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the 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. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the projects Mitigation Monitoring Program. F:\Depts\PLANNING\STAFFRP'R447pa98 cc,doc 13 6. After grading all slopes shall be planted in accordance with the City's Slope Planting Guidelines. Jute netting will be required on all slopes greater than ten linear feet. Prior to Issuance of Grading Permits 7. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 8. 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. Prior to Recordation of the Final Map 9. A copy of the Environmental Constraint Sheet (ECS) with the following notes: This properly is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. DEPARTMENT OF PUBLIC WORKS 10. The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 11. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 12. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 13. 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. 14. All improvement plans, grading plans, landscape and irrigation 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 Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 15. 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) City of Temecula Fire Prevention Bureau d) Planning Department e) Department of Public Works f) Riverside County Health Department g) Cable TV Franchise h) Community Services District F:\Depts\PLANNING\STAFFRPT~447pa98 cc.doc 14 i) General Telephone j) Southern California Edison Company k) Southern California Gas Company 16. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a) Improve Via La Vida (Collector Road Standards - 66' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements plus twelve feet, paving, curb and gutter, sidewalk, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b) Improve Streets "A" and "B" (Local Road Standards - 60' RAN) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 17. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a) Street centerline 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 Standard No. 207. c) Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. d) Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. e) Minimum centerline radii shall be in accordance with City Standard No. 113. f) All reverse curves shall include a 1004oot minimum tangent section. g) All street and driveway centerline intersections shall be at 90 degrees. h) All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. i) Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. j) All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301. Concentrated drainage directed towards Via La Vida shall be conveyed through an under sidewalk drain per City Standard No. 302. k) All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 18. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 19. Relinquish and waive right of access to and from Via La Vida on the Final Map with the exception of one opening, Street "A", as delineated on the approved Tentative Tract Map. 20. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. F:\Depts\PLANNING\STAFFRPT~447pa98 cc.doc 15 21. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 22. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a) Special Study Zones. b) Geotechnical hazards identified in the project's geotechnical report. c) Archeological resources found on the site. 23. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 24. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 25. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 26. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 27. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a) Planning Department b) Department of Public Works c) Riverside County Health Department d) Regional Water Quality Control Board e) Community Services District f) General Telephone g) Southern California Edison Company h) Southern California Gas Company 28. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 29. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to 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 preliminary pavement sections. F:\Depts\PLANNING\STAFFRP'R447pa98 cc.doc 16 30. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 31. 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. 32. 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. 33. 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. 34. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 35. Final Map shall be approved and recorded. 36. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 37. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 38. 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. Prior to Issuance of Certificates of Occupancy 39. 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 40. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. F:\Depts\PLANNING\STAFFRPT~447pa98 cc.doc 17 41. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 42. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. FIRE DEPARTMENT 43. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the Uniform Building Code (UBC), Uniform Fire Code (UFC), and related codes which are in force at the time of building plan submittal. 44. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per UFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 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. (UFC 903.2, Appendix Ill.A) 45. The Fire Prevention Bureau is required to set minimum fire hydrant distances per UFC Appendix Ill. B, Table A-Ill-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a 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. (UFC 903.2, 903.4.2, and Appendix Ill-B) 46. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de- sac shall be forty-five (45) feet. (UFC 902.2.2.2.3) 47. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (UFC 8704.2 and 902.2.2) 48. 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 70,000 Ibs GVVV. (UFC 8704.2 and 902.2.2.2) 49. 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 70,000 Ibs. GVW with a minimum AC thickness of .25 feet. ( UFC sec 902 and Ord 95-15) 50. 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. (UFC 902.2.2.1 and Ord 95-15) 51. Prior to building construction, dead end road ways 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. (UFC 902.2.2.4) 52. 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 F:\Depts\PLAN N ING\STAFFRPT~447pa98 cc.doc 18 conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, 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 materials being placed on an individual lot. (UFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 53. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (UFC 901.4.3) COMMUNITY SERVICES 54. All common slope areas, parkway landscaping, walls, and drainage areas shall be maintained by a private homeowner's association (HOA). Prior to Final MaD Approval: 55. The developer shall satisfy the City's parkland dedication requirement through the payment of in-lieu fees equivalent to .31 acres of parkland. The fees shall be calculated by multiplying the required amount of parkland by the City's then current appraised land valuation as established by the City Manager. 56. The developer shall file a notice of intention with the TCSD to initiate election proceedings for the annexation and acceptance of residential street lighting and refuse collection services into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits: 57. Prior to installation of arterial and residential street lighting or issuance of building permits, whichever comes first, the applicant shall pay the appropriate fees for the dedication and transfer of said street lights into the TCSD maintenance program. Prior to Issuance of Certificates of Occul3ancy: 58. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. OTHER AGENCIES 59. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated November 13, 1998, a copy of which is attached. 60. The applicant shall comply with the recommendations set forth in the Southern California Gas Company transmittal dated November 24, 1998, a copy of which is attached. 61. The applicant shall comply with the recommendations set forth in the County of Riverside, Department of Environmental Health, transmittal dated November 17, 1998, a copy of which is attached. F:\Depts\PLANNING\STAFFRP'I'%447pa98 cc.doc 19 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 F:\Depts\PLANNING\STAFFRP'R447pa98 cc.doc 20 Scott ,,L McIntyre Jeffrey L. Minitier .George M. Woods Officers: John F. Hennigar General Manager Phillip L, Forbes Director of Finance - Treasurer E. P. '~ob" Lemons Director of Eng~neerxng Kenneth C. Dealy Director of Operations & Maintenance Perry R. Louck Controller Linda M. Fregoso District Secreta~'/Adrninistrative Sen'ices Manager C. Michael Cowerr Best Best & Krieger LLP General Counsel November 13, 1998 Thomas Thornsley, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 29036 APNS 921-660-026 THROUGH 921-660-037, 921-660-041, AND 921-660-042 PLANNING APPLICATION NO. PA98-0447 Dear Mr. Thornsley: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available 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 which assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 98/SB:mr136/F012-T6/FCF NOv c: Laurie Williams, Engineering Services Supervisor Rancho California Water District 42135 Winchester Road · Post Office Box 9017 · Ternecula. Califnrnia 92589-9017 · (909) 676-4101 · FAX (909~ 676-0615 The Gas Camp November 24, 1998 Gas Co. Reference No. 98-274-OM City of Temecula 43200 Business Park Drive Temecula, CA 92590 Attention: Development Review Committee Re: Project Case Numbers: PA98-0462, PA98-0447, & PA98-0469 Area: SW Corner of Dendy Parkway & Diaz Road, SE Side of Via La Vida S/O Solana Way, & Colt Ct. S/O Winchester Rd. Location: Services can be supplied by extending our existing utilities or from existing gas mains We greatly appreciate the fact that you are intending to use natural gas in your next project. The intent of this letter is for information only and to notify you that The Gas Company has facilities in the area where the above-named project is proposed. Gas service to the project would be' provided from the nearest existing gas mains without any significant impact on the environment. The service provided would be in accordance with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility,. The Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal .regulatory agencies. Should these agencies take any action which affects gas supply or the conditions under which service is available, gas service will be provided in accordance with revised conditions. Additionally, to better serve our customers, The Gas Company has a one call support center for our future commercial and industrial customers. You can reach them Monday through Friday, 7 a.m. to midnight; Saturday, 8 a.m. to 5 p.m., at 1-800-GAS-2000. We provide customers with assistance and information on billing questions, equipment replacement incentives, business services, air quality, new construction incentives and other energy and money saving programs and services. This one stop help or referral has trained program specialists who will respond quickly to your needs. The Gas Company is ready to take the extra steps to make natural gas your fuel of choice. Southern California Gas Company 19,%'l Ltt,~Fm/a [~cdlaud~. C t .~[,tiliug ..Jddrc;~: Rcd[attd~. (;. t 92373-0i06 Sincerely, Technical Supervisor Encl. DEC 8 1998 County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: November 17, 1998 TO: CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Thomas ThornsIcy FROM: ~dGPdEGOR. DELLENBACH, Environmental Health Specialist IV RE: TENTATIVE TRACT MAP NO. 29036 / PA98-0447 1. The Department of Environmental Health has reviewed the Tentative Tract Map No. 29036 / PA98-0447 for this project and cannot make any recommendations until a sanitation letter if filed. The requirements for a SAN 53 letter are as follows: a) A satisfactory soils percolation test to prove the project feasible. b) A clearance letter from the appropriate California Regional Water Quality control 'Board. NOTE: For projects within the San Diego Water Quality Control Board sphere of influence, a written clearance shall be required PRIOR to issuance of a SAN 53. c) Two copies of the tract map. d) A "will-serve" letter from the agency/agencies serving potable water. 2. Should the project be served sanitary sewer services, this Department would need only: a) A "will-serve" letter from the agency/agencies serving potable water and sanitary sewers. b) One copy of the tentative map. GD:dr (909) 955-8980 standT.doc ATTACHMENT 3 Planning Commission Staff Report (September 29, 1999) F:\Depts\PLANNING\STAFFRPT%447pa98 cc.doc 21 TO: FROM: CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM Planning Commissione D bbl bn ~"~ e 'e U oske, Planning Manager O/P/8//t/4L DATE: September 29, 1999 SUBJECT: Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) and Planning Application No. PA99-0238 (Development Agreement) for a 24 lot subdivision off of Via La Vida. PREPARED BY: Thomas Thornsley, Project Planner RECOMMENDATION: Recommend that the Planning Commission recommend that the City Council approve PA98-0447 (Tentative Tract Map No. 29036) and Planning Application No. PA99-0238 (Development Agreement). BACKGROUND: These projects were continued at the September 15, 1999, Planning Commission Meeting due to a lack of a quorum. Staff has updated the resolutions and the Conditions of Approval to reflect the continuance. A copy of the original staff report package, with revisions, is attached to this memorandum. F:\DEPTS\PLANNING\STAFFRPT\447PA98 PC memo 9-29.doc 1 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 15, 1999 Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) Planning Application No. PA98-0238 (Development Agreement) Prepared By: Thomas Thornsley, Project Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT the Mitigated Negative Declaration for Planning Application No. PA98-0447 (Tentative Tract Map) and PA99- 0238 (Development Agreement); ADOPT the Mitigation Monitoring Program for Planning Application No. PA98-0447 (Tentative Tract Map) and PA99- 0238 (Development Agreement); and , ADOPT Resolution No. 99- approving Planning Application No. PA98-0447 (Tentative Tract Map) based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval , ADOPT Resolution No. 99- recommending approval of Planning Application No. PA99-0238 (Development Agreement) based upon the Analysis and Findings contained in the Staff Report; APPLICATION INFORMATION APPLICANT: Scott Newcomb, Hiram-Hill Development Co., LLC PROPOSAL: Planning Application No. PA98-0447 is a request for a Tentative Tract Map to subdivide 6.31 acres of land into twenty-four (24) residential lots. Planning Application No. PA99-0238 is a request for a Development Agreement to allow a minimum five (5) foot side yard setback. LOCATION: Located on the south side of Via La Vida between Margarita Road and Solana Way (Assessor's Parcel Numbers 921- 660-026,-027,-041, and -042) EXISTING ZONING: LM (Low Medium Density Residential) F:\DEPTS\PLANNING\STAFFRPT\447pa98.PC.doc 1 SURROUNDING ZONING: North: M (Medium Density Residential) South: LM (Low Medium Density Residential) East: LM (Low Medium Density Residential) West: M (Medium Density Residential) GEN E,RAL PLAN DESIGNATION: LM (Low Medium Density Residential) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Medium Density Residential South: Low Medium Density Residential East: Low Medium Density Residential West: Medium Density Residential BACKGROUND Planning Application No. PA98-0447 for Tentative Tract Map No. 29036, with 28 lots, was submitted on October 27, 1998. Development Review Committee (DRC) meetings were held on December 3, 1998 and April 27, 1999. As a result of those meetings the tentative tract map was found to be inconsistent with the development standards for the zoning designation of Medium Density Residential. The applicant reminded staff that this property had a previously approved subdivision, Tentative Tract No. 23990, with 30 lots, which had expired January 28, 1998, and questioned the inconsistencies between the zoning and the old map. A review of the expired map found that it had been designed under the County standards that were in use by the City at the time. Later when the General Plan's Land Use and Zoning standards were adopted the project site was designated for a higher density residential, which was inconsistent with the approved tract map. Realizing that the applicant had a land use dilemma, staff initiated a General Plan Amendment and Change of Zoning. Both amendments were recommended for approval by the Planning Commission on August 18, 1999 and have been scheduled for consideration by the City Council on September 14, 1999. After reducing the number of lots to 24 in an effort to comply with the Low Medium setback standards, the applicant was still unable to meet the side yard setback standard on several lots. In an effort to seek relief from the side yard setback requirements, the applicant and staff considered adopting a Planned Development Overlay to modify the standards. After consulting with the City Attorney, he advised use that the proper mechanism for adjusting the side yard setback would be through a development Agreement. On June 17,1999 the applicant filed Planning Applicant No. PA99-0238 for a Development Agreement. ANALYSIS Access and Circulation The subdivision will have one point of access off of Via La Vida. There is one road into the subdivision with one short side street and both streets end in cul-de-sacs. All lots will take access from onto the two proposed streets. No lots will take access from Via La Vida. F:\DEPTS\PLANNING\STAFFRPT\447pa98.PC.doc 2 Development Standards Pursuant to Table 17.06.040, the minimum lot size for Low Medium Density Residential zoned parcels is 7,200 square feet. The proposed parcels range in size from 7,200 square feet to 15,981 square feet. The subdivision proposes to have 3.8 dwelling units per acre (du/ac), which is under to the target density of 4.5 du/ac contained with the Development Code but within the General Plan's range of 3-6 du/ac. Development Agreement A Development Agreement is being requested to modify the minimum side yard setback to allow for a minimum setback of five feet on both sides. The development standards for Low Medium Density Residential (Chapter 17, Table 17.06.040, Note 3.) require that "the combined side yard setback for both sides must equal at least fifteen feet with one side having at least ten feet to provide potential vehicular access to the rear of the property and shall be located on the same side as the driveway." Side yard setbacks shown on the expired map were all five feet and the same setback was the standard for the development in all the surrounding tracts. These surrounding subdivisions and the expired tract map were designated or developed under the old County standards that were used by the City until the current Development Code was adopted in 1995. In the applicanrs effort to meet the current lot dimension standards the intended number of lots has dropped from 28 to 24. After reducing the number of lots and anticipating the typical homes that could be build on these lots there appear to be several lots that would not be able to comply with the side yard setback. To meet the setback with the typical homes envisioned would require the loss of three to four additional lots and is not considered economically feasible by the applicant. To achieve some flexibility to the standards the City Attorney recommended that the Applicant pursue a Development Agreement. State .law permits minor alterations to development standards through the use of a development agreement. He felt this was a reasonable request (five foot side yards) and would be in consistent with the General Plan because the request would allow development that is consistent with the surrounding tracts. ENVIRONMENTAL DETERMINATION An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Mitigation Monitoring Program and the Conditions of Approval that have been added to the project, and a Negative Declaration is hereby granted. SUMMARY/CONCLUSIONS The proposed map provides adequate access, circulation and developable lots. The proposed lots comply with the minimum lot size requirements of the Low Medium Density Residential zoning classification pursuant to Chapter 17, Table 17.06.040 of the Development Code. The parcels are consistent with the General Plan Land Use Map and the zoning map. Therefore, staff recommends approval of Tentative Tract Map No. 29036 based upon the following findings: FINDINGS The proposed land division and the development agreement for this project are compatible with the General Plan designation and zoning. The site is physically suitable for the type F:\DEPTS\PLANNING\STAFFRPT\447pa98.PC.doc 3 and density of development. The General Plan Land Use designation for the site is LM (Low Medium Density Residential). Tentative Tract Map No. 29036 proposes twenty-four (24) residential lots, which comply with the minimum lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code and Subdivision. The project proposes one street access to Via La Vida and is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take direct access from Via La Vida and will not obstruct any easements. The map as proposed, conforms to the logical subdivision of the site, and is compatible with the health, safety and welfare of the community. The subdivision is compatible with the surrounding areas as the site is will be developed pursuant to the General Plan, the Development Code, and the Development Agreement, all of which regulate residential parcels and development. Future development of residential units will be compatible and sensitive to the surrounding residential development. In addition, the proposed subdivision provides adequate access and circulation for emergency vehicles and will not impact existing circulation or emergency vehicle access. The project as conditioned, will comply with the City's Development Code, General Plan and subdivision requirements. Attachments: 1. PC Resolution No. 99- (Council Recommendation of PA99-0238) - Blue Page 5 Exhibit A - Ordinance No. 99- (Approving PA98-0447) - Blue Page 9 Exhibit A - Development Agreement - Blue Page 13 2. PC Resolution No. 99- - Blue Page 14 Exhibit A - Conditions of Approval - Blue Page 17 3. Exhibits - Blue Page 27 A. Vicinity Map B. General Plan Map C. Zoning Map D. Tentative Tract Map No. 29036 4. Initial Environmental Study- Blue Page 31 5. Mitigation Monitoring Program - Blue Page 32 F:\DEPTS\PLANNING\STAFFRPT~447pa98. PC.doc 4 ATTACHMENT NO. 3 EXHIBITS F: \DEPTS~PLANNING\STAFFRPT\447pa98. PC .doc 27 CITY OF TEMECULA ZIP CODE 92591 Rd Meadowview Via Ave ~ve Clma Del Sol Rogue Mersey, Ct , :~::rn-' ChurchilI.Ct ..::~-::,,., .i. { Levande PI Ct 0 CASE NO. - Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) EXHIBIT A PLANNING COMMISSION DATE - September 15, 1999 VICINITY MAP R:\STAFFRPT\447pa98. PC. doc CITY OF TEMECULA EXHIBIT B -ZONING MAP DESIGNATION - PO (Low Medium Density Residential) i . BP H '-.v.K BP H P BP H EXHIBIT C - GENERAL PLAN DESIGNATION - O (Low Medium Density Residential) CASE NO. - PA98-0447 (Tentative Tract Map 29036) PLANNING COMMISSION DATE - September 15, 1999 \ H R: \STAFFRPTI,447pa98. PC. doc CITY OF TEMECULA EA SEMEN T 'NO TES '\ t ""'!"--,. I i M,B 188/55-56 EASEMENT TR NO '20882-3 / / / [93 /? TR NO. 2088Z-3 MB; 185,'I-7~ CASE NO. - Planning Application No. PA98-0447 (Tentative Tract Map No. 29036) . EXHIBIT D TENTATIVE TRACT MAP PLANNING COMMISSION DATE - September 15, 1999 F:\Depts\PLANNING~STAFFRPT~447pa98 .PC.doe ATTACHMENT NO. 4 INITIAL ENVIRONMENTAL STUDY F:\DEPTS\PLANNING\STAFFRPT\447pa98.PC.doc 31 City of Temecula Planning Department Notice of Proposed Negative Declaration PROJECT: APPLICANT: LOCATION: DESCRIPTION: Planning Application No. PA98-0447, (Tentative Tract Map No. 29036) and Planning Application No. PA99-0238, (Development Agreement) Scott Newcomb, Hiram-Hill Development Co., LLC 610 Newport Center Dr.//1055, Newport Beach, CA 92660 Located on the south side of Via La Vida between blargarita Road and Solana Way (Assessor's Parcel Numbers 911-170-078, 911-170-085) A request to subdivide 6.31 acres of land into twenty-four (24) residential lots (PA98-0447) and a request for a Development Agreement to vary the setback standards to allow for a minimum five foot side yard setback form property line between homes (PA99-0238). The City of Temecula intends to adopt a Mitigated Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Mitigated Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program which is attached to this Notice and will be included as part of the Mitigated Negative Declaration for this project. The Comment Period for this proposed Mitigated Negative Declaration is August 26, 1999,. to September 15, 1999. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589- 9033. City Hall is located at 43200 Business Park Drive. The public notice of the intent to adopt this Mitigated Negative Declaration is provided through: X The Local Newspaper. .ZX Posting the Site. _.X Notice to Adjacent Property Owners. If you need additional information or have any questions concerning this project, please contact the Project Planner, Thomas Thornsley at (909) 694-6400. Prepared by: ~'/f~-m~ ,~C~/7-¢-w~--u.4 (Signature) Thomas K. Thornslev. Project Planner (Name and Title) \\TEMEC_FSIOI\VOLi\DEPTSXPLANNING\CEQA\447pa98 NOP.doc City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation Tentative Tract Map No. 29036 (Planning Application No. PA98- 0447) and a Development Agreement (Planning Application No. PA99-0238) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Thomas Thornsley, Project Planner (909) 694-6400 Located on the south side of Via La Vida between Margarita Road and Solana Way (Assessor's Parcel Numbers 911-170-078, 911- 170-085) Scott Newcomb, Hiram-Hill Development Co., LLC 610 Newport Center Dr. #1055, Newport Beach, CA 92660 Low Medium Density Residential (LM) Zoning Low Medium Density Residential (LM) Description of Project Surrounding Land Uses and Setting Other public agencies whose approval is required PA98-0447 is a request to subdivide 6.31 acres of land into twenty- four (24) residential lots. PA99-0238 is request to vary the setback standards to allow for a minimum five foot side yard setback form property line between homes. North: Single family residential East: Single family residential South: Single family residential West: Single family residential None. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc Environmental Factors Potentially Affected ,/ The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning' Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources Energy and Mineral Resources ,/ Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination On the basis of this initial evaluation: ,/ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially impacts(a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed name / \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 2 Land Use and Planning. Would the project: a, Issues and Suppoding Information Sources Physically divide an established community? Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact NO Imoact v' Comments: 1,a'. The project will not disrupt of divide the physical arrangement of an established community. The project site is vacant and surrounded by single family homes. The development of this site will be consistent with the surrounding properties. No impacts are anticipated as a result of this project. 1.b. The project will not conflict with applicable General Plan designation, environmental plans or policies adopted by agencies with jurisdiction over the project. The project is consistent with the City's General Plan land use designation of LM (Low Medium Density Residential 3-6 du/acre) as well as the zoning of LM (Low Medium Density Residential 3-6 du/acre). Impacts from all General Plan land use designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR will be applied to this project where necessary. Further, all agencies with jurisdiction over the project are also being given the opportunity to comment on the project, and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or policies. The project site has been not been previously graded; however, services are available into the area. There will be no impacts on adopted environmental plans or policies. 1.c. The proposed project will not conflict with any applicable habitat conservation plan or natural community conservation plan. This site was previously graded and is not within any applicable habitat conservation plan or natural community conservation plan. TherefOre, no impacts are anticipated as a result of this project. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new fES.doc 3 2. POPULATION AND HOUSING. Would the project: a, co Issues and Supporting Information Sources Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) 'or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? iDisplace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially S~gnificant Unless Mitigation Incorporated Less Than Significant Impact No ImOact Comments: 2.a. The project will not induce substantial growth in the area either directly or indirectly. The project is consistent 'with the General Plan Land Use and Zoning Designation of Low Medium Density Residential (LM). The proposed subdivision will eventually result in the development of new single family homes, which will cause some people to relocate to, or within Temecula. However, due to its limited scale, it will not induce substantial growth beyond what is projected in the City's General Plan. No significant effects are anticipated as a result of this project. 2.b.c. The project will not displace substantial numbers of people or existing housing as the site is vacant property zoned Low Medium Density Residential. Therefore, the project will neither displace housing nor people necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 4 3. GEOLOGY AND SOILS. Would the project? Issues and Supporting Information Sources Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) , Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b. I Result in substantial soil erosion or the loss of topsoil? Potentially Potentially Significant Unless Less Than SigniJicant Mitigation Signi~cant NO Impact Incorporated Impact Impact i> I v ,/ ,/ ,/ c. Be located on a geologic unit or soil that is unstable, or that wouli:l become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 1801~B of the Uniform Building Code (1998), creating substantial risks to life or property? e. Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Comments: 3,a.i. There are no known or identified earthquake faults as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map. No significant impacts are anticipated as a result of this project. 3.a.ii, iii, b., and d. There may be a potentially significant impact from seismic ground shaking, ground failure, soil erosion or expansive soils. Although, there are no known fault hazard zones on the property, the project is located in Southern California, an area that is seismically active. Any potential significant impacts will be mitigated through building construction, which is consistent with the Uniform Building Code standards. Further, the project will be conditioned to provide soil reports prior to grading and recommendations contained in this report are followed during construction. The soil reports will also contain recommendations for the compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. After mitigation measures are performed, no impacts are anticipated as a result of this project. 3.a. iv, Co The City's General Plan does not identify the subject site as being within an area of subsidence, landslides or liquefaction hazards. Therefore, no impacts are anticipated as a result of this project. 3.e. Septic sewage disposal systems are not pro.posed for this project. The project will be required to hook up to the existing public sewer system. Therefore, no impacts are anticipated as a result of this project. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 5 4. HYDROLOGY AND WATER QUALITY. Would the project: Co eo j, Issues and Supporting Information Sources Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or intedere substantially' with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or 'planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation incorporated Less Than Significant Impact No Impact Comments: 4.a. The project will not violate any water quality standards or waste discharge requirements. The subdivision, and subsequent development, will be required to 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 has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. No impacts are anticipated as a result of this project. 4.b.,f. The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project will not have an affect on the quantity and quality of ground waters, either through direct additions or withdrawals or through interception of an aquifer by cuts or \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 6 4.c,d. 4.e. 4.j. excavations or through substantial loss of groundwater recharge capability. Further. construction on the site will not be at depths sufficient to have a significant impact on ground waters or aquifer volume. No impacts are anticipated as a result of this project. The proposed project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation and/or flooding on- or off-site. Some changes to absorption rates. drainage patterns'and the rate and amount of surface runoff is expected whenever development occurs on previously permeable ground. Previously permeable ground will be rendered impervious by construction of buildings, accompanying hard scape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and adequately handle runoff which is created. N no significant impacts are anticipated as a result of this project. Due to the small scale' of the proposed subdivision, and ultimately the future single family residential development, the project will not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project will be conditioned to accommodate the drainage created as a result of the subject site. In addition, the project will be conditioned so that the drainage will not impact surrounding properties.. No significant impacts are anticipated as a result of this project. The project will have no impact on people or property to water related hazards such as flooding because the project site is located outside of the 100 year floodway and the dam inundation area as identified in the City of Temecula General Plan Final Environmental Impact Report. No impacts are anticipated as a result of this project. The project site will not be subject to inundation by sieche, tsunami, or mudflow as these events are not known to happen in this region. No impacts are anticipated as a result of this project. 5. AIR QUALITY. Would the project: Issues and Supporting Information Sources Conflict with or obstruct implementation of the applicable air quality plan? tViolate any air quality standard or contribute substantially to an existing or projected ai'r quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which' the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Impact Incorporated Impact ,/ v' No 'lineact ,/ ,/ V' Comments: 5.a-c. The project will not conflict with applicable air quality 'plans nor violate air quality or pollution standards. The project proposes to subdivide a 6.31 acres into 24 residentially zoned lots. The subdivision, and future development, are anticipated to be within the number of dwelling units threshold for potentially \\TEMEC_FS 101\VOLI\OEPTS\PLANNING\CEQA\447pa98 new IES.doc 7 significant air quality impact established by the South Coast Air Quality Management District as depicted in SCAQMD's CEQA Air Quality Handbook (Source 3) page 6-10, Table 6.2. No significant impacts are anticipated as a result of this project. 5.d. There are no known sensitive receptors to pollutant concentrations in the immediate vicinity. The future development of the project for single family homes will create minor pollutants during the grading and construction phase of the project emanating from fugitive dust and small quantities of construction equipment pollutants. These impacts will be of short duration and are not considered significant. The future residents are not likely to generate significant pollutants. Therefore, impacts will be less than significant as a result of this project. 5.e. The project may create objectionable odors during the grading and construction of single family home, however, these impacts are anticipated to be of short duration and should have less than a significant impact. 6. TRANSPORTATION/TRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Signi~cap/ Mitigation Significant No Impact Incorporated Impact Impact Issues and SuOporting Information Sources Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs supporting alternative transaortation (e.g., bus turnouts, bicycle racks? Comments: 6.a, b. There will be an increase ~n vehicle trips on adjacent streets once the proposed subdivision is developed. Due to the number of lots the vehicle trip count per, the City's Traffic Engineer and the Institute of Transportation Engineers (ITE) estimates the total vehicle trips per day for approximately 24 single-family residences would be approximately 240 daily trips. The City's Traffic Engineer indicated that the future single family development will have a less than significant impact to the existing road system due to the maximum capacity of the existing road system. The existing roadways have been developed in anticipation of the proposed residential development. No further traffic studies were required for this project. The development of tract will be required to contribute traffic signal and public facility development impact fees prior to the issuance of any building permits. No significant impacts are anticipated. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 8 6.c 6.d 6.e. 6.f Neither the tract map nor the future development of this property will result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substanlial safety risks. This site is not within the French Valley Airport's flight overlay district and therefore will have no impact on the project. The project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. No significant impacts are anticipated as a result of this project. The project Will not result in inadequate emergency access or inadequate access to nearby uses. The project is designed to current City standards and has adequate emergency access. The project does not interfere with access to nearby uses but will help accommodate emergency access with the widening of Margarita Road. No significant impacts are anticipated as a result of this project. The proposed project is for the subdivision of land; therefore no parking is required. Subsequent development of the proposed parcels will be required to comply with the City's Development Code parking requirements for the residential use. No significant impacts are anticipated as a result of this project. 7. BIOLOGICAL RESOURCES: Would the project: a, co Issues and Supporting Information Sources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d, e, Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Impact Incorporated Impact NO Impact V' ,/ ,/ \\TEMEC_FS101',VOL1\QEPTS~PLANNING\CEQA\447pa98 new IES.doc 9 Comments: 7.a-d. The project site for the tract map does not lie within in an area designated by the U,S. Fish and Wildlife Service as potential habitat for any Fedorally listed endangered species. The project will not result in an impact to endangered, threatened or rare species or their habitats, including, but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded. Currently, there are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on the site. Further, there is no indication that any wildlife species exist at this location.. The project will not reduce the number of species, provide a barrier to the migration of animals or deteriorate existing habitat. No significant impacts are anticipated as a result of this project. 7.e. The project will not result in an impact to locally designated species. Locally designated species are protected in the Old Town Temecula Specific Plan; however, they are not protected elsewhere in the City. Since this project is not located in Old Town, and since there are no locally designated species on site, no impacts are anticipated as a result of this project. 7.f. The project site is located within the Stephen's Kangaroo Rat Habitat Fee Area. The project will be conditioned to comply with provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) which requires payment of the Stephens Kangaroo Rat fee. No impacts are anticipated as a result of this project. 8. MINERAL RESOURCES. Would the project: ao Issues and Supporting Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Impact Incorporated Impact No Im0acl .f ,/ 8.a,b. The project will not result in the loss of available, known mineral resources nor in the loss of an available, locally important mineral resource recovery site. The State Geologist has classified the City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of ! 975. No impacts are anticipated as a result of this project. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 10 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: fo Issues and Supporting Information Sources Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation. of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildrand fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed'with wildlands? Potentially Significant Impact Potenlially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Comments: 9.b. The project is for the future development of single family homes in a residential area. The streets leading to this subdivision are not transportation routes designated for commercial haulers who may be transporting hazardous materials. Because the property and the surroundi-ng area are and will be used for single family homes, this project is not likely to create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. Therefore, no impacts are anticipated as a result of this project. The future development associated with this project will be single family homes. As such it is reasonably expected that residents will not will not store or house large quantities of hazardous material that would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of.hazardous materials into the environment. No impacts are anticipated as a result of this project. \\TEMEC_FS 101\VOL1 \DEPTS\PLANNING\CEQA\447pa98 new IES.doc 11 9.c. 9.d. 9.e,f. 9.g. 9.h. The future use of this project site is designated for single family homes. This si'te is not within one- quarter mile of an existing or proposed school. The operation of construction equipment and machinery during the development of this site may emit some hazardous emissions and or handle some hazardous material. However, these emissions and material should be of limited quantities over a short duration of time. Since this project site in not within one-quarter mile of an existing or proposed school, and will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste, no impacts are anticipated. This project site is not nor is it located near a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 that would it create a significant hazard to the public or the environment. Therefore, no impacts are anticipated as a result of this project. The project site is not located within an airport land use plan or within two miles of a public or private airstrip. No impact upon airport uses will result from this proposal. The project will take access from maintained public streets and will therefore not impede emergency response or evacuation plans. No impacts are anticipated as a result of this project. This project site in an area entirely surrounded by existing single family homes and is not adjacent to any wildlands. No impacts are anticipated as a result of this project. 10. NOISE. Would the project result in: Issues and Supporting Information Sources Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Impact Incorporated Impact V' ,/ No Impact ,/ ,f ,/ Comments: lO.a. This project site is designated for the development of single family homes. The site ~s currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. However, long-term noise generated by this project would be within the limits of the General Plan standards for residential development. Less than significant impacts are anticipated as a result of this project. \\TEMEC_FS101\VOLI\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 12 10.b. This project site is designated for the development of single family homes. There will be no activities on this site that would exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. No impacts are anticipated. 10.c. The project will ultimately result in the development of 24 single family homes which will create some noise levels over that currently emanating from the vacant land. However, those noises will not be substantial nor permanent and are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Therefore, only less than significant impacts are anticipated as a result of this project. 10.d. The project may result in temporary or periodic increases in ambient noise levels during construction. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet which is considered very annoying. However, this source of noise from construction of the project will be of short duration and therefore would not be considered sighificant. Furthermore, construction activity will comply with City ordinances regulating the hours of activity in residential areas. No significant impacts are anticipated. 10.e. This project is not within two miles of a public airport or public use airport, therefore, people residing in the project area will not be to excessive noise levels generated by an airport. 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: a4 Issues and Supporting Information Sources Would the project result in substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the · public services? Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V' V' ,f ,/ ,/ Comments: 11 .a., b., c., e. and f. The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some services. However, the project will contribute its fair share through the City's Development Impact Fees to the maintenance or provision of services from these entities. Due Lo its small scale, less than significant impacts are anticipated. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new tES.doc 13 11.d. The project will have a less than significant impact upon, or result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City. The cumulative effect from the project will be mitigated through the payment of applicable School Fees. Less than significant impacts are anticipated. 12. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially Patentially Significant Unless Less Than Significant Mitigation Significant Impact Incorporated Impact Issues and Supporting Information Sources Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require Or result in the construction of new storm water drainage-facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact v' c. d. Have sufficient water supplies available to serve the ,/' project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment ,/' provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? Comments: 12.a., b. and e. The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. However, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. Moreover, the project will be conditioned to comply with the Regional Water Quality Control Board standards that will be monitored by the Department of Public Works. No significant impacts are anticipated. 12.c. The project will not result in the need for new storm water drainage facilities. The development of the tract will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Via La Vida and at the southwest corner of the site. The design of the existing system is sufficient handle this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects. Drainage fees are required by the Riverside County Flood Control and Water Conservation District to \\TEMEC_FS 101 \VOLI\OEPTS\PLANNING\CEQA\447pa98 new IES.doc 14 12.d.' 12.f.g. reimburse the county for the Murrieta Creek/Temecula Valley Area Drainage Plan. No significant impacts are anticipated. The project will not significantly impact existing water supplies nor require expanded water entitlements. The project will have an incremental effect upon existing systems. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "both EMWD and RCWD have indicated an ability to supply as much water as is required in their services areas (p. 39)." The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services (p. 40)." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. There are no septic tanks on site or proximate to the site. No significant impacts are anticipated as a result of this project. The project will not result in a need for new landfill capacity. Any potential impacts from solid waster created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. No significant impacts are anticipated as a result of this project. 13. AESTHETICS. Would the project: Co Issues and Supporting Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic building within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Impact Incorporated Impact NO Impact ,/ ,/ Comments: 13.a. The project will not affect a scenic vista or scenic highway. The project is not located in an area where there is a scenic vista. The City does not have any designated scenic highways. No impacts are anticipated as a result of this project. 13.b-c. The project site has no unique physical attributes, therefore the future development will not substantially degrade any scenic resources, or alter the visual character. When the residential structures are built, the design of the homes will be reviewed by the Planning Department to ensure compatibility with the surrounding area and a high quality architectural design. Therefore, no impacts are anticipated as a result of this project. 13.d. The project will have a potentially significant impact from light and glare. The project will produce and result in light and glare with the installation of new light sources. All light and glare has the potential to impact the Mount PaiDmar Observatory. The future development of the project site will be conditioned to comply with Ordinance No. 655 Ordinance Regulating Light Pollution. After mitigation is performed, less than significant impacts are anticipated as a result of this project. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 15 14. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Miligation incorporated Less Than Significant Impact No Imoact Comments: 14 a thru d The site is' not located in an area that has high paleontological or archaelogical sensitivity pursuant to the General Plan (Source 1, Figures, 5-6 and 5-7). The Eastern Information Center of the University of California at Riverside has reviewed the project and has determined that the site should not have a potentially significant impact to paleontological resources. No impacts are anticipated as a result of this project. 15. RECREATION. Would the project: Potentially Potentially Significant UnLess Less Than Significant Mitigation Significant Impact Incorporated Impact Issues and Supporting Information Sources Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? b. No Impact ,f Comments: 15.a,b. The project will have an impact on the demand for neighborhood or regional parks or other recreational facilities, or affect existing recreational opportunities. However, the project will be conditioned to pay in- lieu (Quimby) fees, which will be used for park land acquisition of future park land and/or improvements of existing parks. No impacts are anticipated as a result of this project. \\TEMEC_FS101\VOL1\OEPTS\PLANNING\CFQA\447pa98 new IES.doc 16 16. Agricultural Resources. Would the project: Issues and Supporting Information Sources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with the existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No ImoacI ,/ v' Comments: 16a,c. The projeCi site is not currently in agricultural production and in the historic past has not ever formerly been used for agricultural purposes. In addition this property is not considered prime or unique of Farmland of statewide importance pursuant the Farmland Mapping and Monitoring Program of the California Resources Agency or the City of Temecula's General Plan. Therefore, there are no impacts related to this issue. 16b. The project site does not have an agricultural zoning designation by the City of Temecula, and the site is not regulated by a Williamson Act contract. As a consequence there are no impacts related to this issue. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Issues and Supporting Information Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? CCumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ~\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new tES.doc 17 Potentially Potentially Significant Unless Less Than S~gni~cant Mitigation Significant Impact Incorporated Imoact No Impact Comments: 17.a. This site has been previously graded and is completely surrounded by residential development and does not contain any viable habitat for fish or wildlife species. This is an in-fill development and it does not have the potential to: degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No impacts are anticipated as a result of this project. 17.b. The cumulative effects from the project are not considered significant because the subject site is being development in conformance with the City of Temecula's General Plan and Development Code. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. Given the projects consistency with the General Plan and Development Code, the cumulative impact related to the development of the 24 residential lots will not have a significant impact. 17.c. The tract map and the future development of single family homes will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The subdivision is designed and will be developed consistent with the Development Code and General Plan. No significant"impacts are anticipated as a result of this project. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3}(D). In this case a discussion should identify the following on attached sheets. Earlier analyses used. Identify earlier analyses and state where they are available for review. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 18.a. No earlier analyses specifically related to this project site were use. The City's General Plan and Final Environment Impact Report were used as a referenced source in preparing this Initial Study 18.b. There were no earlier impacts which affected this project. 18.c. The mitigation measures are addressed in the Mitigation Monitoring Program which is attached. SOURCES (Available in the Temecula Planning Department) City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Quality Management District CEQA Air Quality Handbook. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\447pa98 new IES.doc 18 ATTACHMENT NO. 5 MITIGATION MONITORING PROGRAM F:\DEPTS\PLANNING\STAFFRPT\447pa98.PC.doc 32 Geoloqic Problems General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Mitigation Monitoring Program Planning Application No. PA98-0447 (Tentative Parcel Map No. 29036) Expose people to impacts from 'seismic ground shaking, Ensure that soil compaction is to City Standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer, Prior to the issuance of grading and building permits. Department of Public Works and Building and Safety Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people to impacts from seismic ground failure, including liquefaction. Ensure that soil compaction is to City Standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading and building permits. Department of Public Works and Building and Safety Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people to risks to life or property due to expansive soils. Utilize construction Building Code. Submit construction plans to the Building and approval. Prior to the issuance of a building permit. Building and Safety Department. techniques that are' consistent with the Uniform Safety Department for R:\CEQA\447pa98 M.M. Pgm..doc Water General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The project will violate water quality or waste discharge requirements An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements. The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Prior to the issuance of a grading permit. Department of Public Works and SDRWQCB (for SWPPP). The project will substantially alter the existing drainage pattern of the site An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements. The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Prior to the issuance of a grading permit. Department of Public Works and SDRWQCB (for SWPPP). Transportation/Circulation General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: R:\CEQA\447pa98 M.M. Pgm..doc Increase in vehicle trips or traffic congestion. Payment of Development Impact Fee for road improvements and traffic' impacts. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Prior to the issuance of building permits. Building and Safety Department. Increase in vehicle trips or traffic congestion. Payment of Development Impact Fee for traffic signal mitigation. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Prior to the issuance of building permit. Building and Safety Department. 2 ... Bioloqical Resources General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Noise General Impact: Mitigation Measure: 'oo Specific Process: Mitigation Milestone: Responsible Monitoring Party: Public Services General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: R:\CEQA\447pa98 M.M. Pgm..doc Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds). Pay Mitigation Fee for impacts to Stephens Kangaroo Rat. Pay $250. per unit of disturbed area of Stephens Kangaroo Rat habitat. Prior to the issuance of a grading permit. Department of Public Works and Planning Department. Expose people to a substantial temporary or periodic increase in ambient noise levels. Construction activity shall comply with City ordinances regulating the hours of activity in residential areas. City inspectors shall periodically monitor the construction site to ensure compliance. During active construction of the site. Building & Safety Department and Department of Public Works. A substantial effect upon and a need for new/altered schools. No significant impacts are anticipated. Payment of School Fees. Pay current mitigation fees with the Temecula Valley Unified School District. Prior to the issuance of building permits. BUilding & Safety Department and Temecula Valley Unified School District. A substantial effect upon and a need for maintenance of public facilities, including roads. Payment of Development Impact Fee for road improvements, traffic impacts, and public facilities. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Prior to the issuance of building permits. Building and Safety Department. Aesthetics General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The creation of new light sources will result in increased light and glare that could affect the Palomar Observatory. Use lighting techniques that are consistent with Ordinance No. 655. Submit lighting plan to the Building and Safety Department for approval. Prior to the issuance of a building permit. Building & Safety Department. R:\CEQA\447pa98 M.M. Pgm..doc 4 ATTACHMENT 4 Planning Commission Minutes (September 29, 1999) F:\Depts\PLANNING\STAFFRPT\447pa98 cc.doc 22 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 29, 1999 CALL TO ORDER The City of Temecula Planning Commission convened in an adjoumed regular meeting at 6:00 P.M., on Wednesday September 29, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Webster. ROLL CALL 'Present: Commissioners Fahey, Mathewson, *Naggar, Webster, and Chairman Guerdero. Absent: None. Also Present: Deputy City Manager Thomhill, Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attomey Curiey, Senior Planner Fagan, Associate Planner Donahoe, Project Planner Thomsley, and Minute Clerk Hansen. *(Commissioner Naggar ardved at 6:44 P.M.) PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. Approval of A.~enda MOTION: Commissioner Fahey moved to approve the agenda. The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Commissioner Naggar who was absent. R:%PlanComm~ninutes~092999 PUBLIC HEARINGS J Planning3 Application No. PA98-0447 (Tentative Parcel Map) and PA99-0238 (Development Agreement) Request to subdivide 6.31 acres of land into twenty-four (24) residential lots and Planning Application No. PA99-0238 is a request for a Development Agreement to allow a minimum five (5) foot side yard setback. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. Via overheads, Project Planner Thomsley presented the staff report; noted the previous approval of the original project in 1994 per the County standards for zoning, and the subsequent expiration of the map; relayed the revisions in the City's zoning densities revised at the time the General Plan was adopted; clarified the rationale for the request for a Development Agreement; for Commissioner Webster,' provided additional information regarding the five-foot minimum side yard setbacks, noting the existing terracing and banks located on vadous lots; and for Commissioner Mathewson, specified the elevations, providing additional clarification with respect to the terracing. Mr. George Judca, representing the applicant, for Commissioner Webster, provided the rationale for the minimum setback proposal, noting the home marketing demands. Ms. Karen Brooks, 29753 Calle Palmas, recommended the installation of single-story homes and tree-lined streets in order not to lower the value of the adjacent properties. For Commissioner Webster, Ms. Brook clarified that it was her desire to have the applicant install a tree in the front yard of each of the proposed home, and to landscape the sloped area on Via La Vida. For Ms. Brooks, Commissioner Webster advised that the City's Development Code requires the installation of trees on the individual lots. For Commissioner Mathewson, Project Planner Thomsley provided assurance that the landscape plan would be consistent with the existing landscaping in the area. In response to Commissioner Fahey, Planning Manager Ubnoske confirmed that there is no City Ordinance that would allow restrictions with respect to development of two-story homes. While acknowledging that per the Development Code standards no requirement could be applied with regard to the single-story verses two-story development of residential dwellings, Commissioner Webster noted that the side yard setback could be regulated; relayed, however, that due to the consistency of the project with the surrounding development, he was not strongly opposed to the minimum setback request. Since the project was impacted by the City's transition between the pedod prior to the · development of the Development Code, and due to the projecrs consistency with the R:%PlanComm%minutes~092999 surrounding area, and the small size of the parcel, Commissioner Fahey relayed no opposition to the proposal. Commissioner Mathewson relayed concurrence with the previous Commission comments. MOTION: Commissioner Fahey moved to close the public hearing; adopt the Mitigated Negative Declaration for Planning Application No. PA98-0447 (Tentative Tract Map) and PA99-0238 (Development Agreement); adopt the Mitigation Monitoring Program for Planning Application No. PA98-0447 (Tentative Tract Map) and PA99-0238 (Development Agreement); and adopt Resolution No. 99-035 approving Planning Application No. PA98-0447 (Tentative Tract Map) based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval; and to adopt Resolution No. 99-036 recommending approval of Planning Application No. PA99- 0238 (Development Agreement) based upon the Analysis and Findings contained in the Staff Report. RESOLUTION NO. 99-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT, PLANNING APPLICATION NO. PA99-0238, BE'!'WEEN THE CITY OF TEMECULA AND HIRAM-HILL, LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3), LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY. RESOLUTION NO. 99-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF PLANNING APPLICATION NO. PA98-0447 FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3), LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception Commissioner Naggar who was absent. ITEM 14 CITY OF TEMECULA AGENDA REPORT APPROVA~N~~~ CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER . TO: FROM: DATE: SUBJECT: PREPARED BY: City Manager/City Council Gary Thornhill, Deputy City Manager November 9, 1999 Development Agreement with Pala Rainbow LLC David Hogan, Senior Planner RECOMMENDATION: 1. Adopt the Negative Declaration for Planning Application PA 99-0273, and 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79- SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) BACKGROUND: The Planning Commission initially considered the Development Agreement at its September 15, 1999 meeting. After some discussion, the Commission recommended that the Council adopt a Negative Declaration and Ordinance and approve the Agreement. The Agreement was previously considered by the City Council at their October 19, 1999 meeting. However, because of a last minute clarification that was proposed by the applicant, the Council remanded the Agreement and the proposed clarification back to the Planning Commission for the their reconsideration. The Planning Commission reconsidered the Agreement and the additional clarifying text at their November 3, 1999 meeting. Because of the short time between the Commission's reconsideration and this Council meeting, no minutes are available. The results of their deliberations will be provided during staff's presentation of this item. ~\TEMEC_FS101\VOL1~DEPTS%PLANNING~STAFFRPT~273PA99 2CC1 .doc 1 The proposed Development Agreement will resolve litigation caused by the right-of-way acquisition for the new Pala Road bddge. The Development Agreement would allow the property owner to do the following: Develop the property in a manner that conforms to the requirements of the existing Highway Toudst (HT) and Professional Office (PO) Zones, except for the following: A. That one of the allowable general merchandise or retail uses could be larger than Development Code would otherwise allow for HT Zone east of Pala Road; and, B. That no restaurants could be located in the PO Zone area west of Pala Road; Adjust the required building setbacks in conformance with the existing Development Code; Receive a partial site landscaping credit for open space areas adjacent to the Temecula Creek channel; Pay the applicable Development Impact Fee at a rate that was in effect on January 1, 1999; Receive a partial waiver of some required public improvement plan check fees; and Receive a finandal contribution from the City (not to exceed $100,000) toward the construction of extension of Jedediah Smith Road and related area drainage facilities. In exchange, the property owner agrees to allow the immediate construction of the new Pala Road bddge and associated improvements. A copy of the final Development Agreement is included as Exhibit A to Attachment No. 1, the proposed ordinance approving the Development Agreement between Pala Rainbow, LLC and the City of Temecula. The draft Planning Commission Resolution recommending approval of the Agreement and the November 3, 1999 Staff Report are contained in Attachment Nos. 2 and 3 respectively. The Initial Environmental Study is contained in Attachment No. 4. FISCAL IMPACT: The Development Agreement commits the City's financial participation up to $412,491.75. This includes the following amounts: $312,491.75 toward the acquisition for the right-of-way for the Pala Road Bridge. $295,000 has already been paid as a deposit with the Riverside County Superior Court in the eminent domain action.; and An amount not to exceed $100,000 for one-third of the cost involved in the extension Jedediah Smith Road storm drain. Adequate funds are available in the Pala Road Bridge capital improvement program project budget for these costs. In addition, the City will receive $112,212 from Pala Rainbow LLC for the sale of 28,053 square foot of former right-of-way identified as Area A on Exhibit M-3. \\TEMEC_FS101\VOL1%DEPTS%PLANNING%STAFFRPT~.73PA99 2CC1 .doc 2 ATTACHMENT: Proposed Ordinance A. Draft Development Agreement Draft Planning Commission Resolution November 3, 1999 Planning Commission Staff Report Initial Environmental Study \\TEMEC_FS101 \VOLI M::)EPTS%PLANNING~TAFFRPl'%273PA99 2CC 1 .doc 3 ATTACHMENT NO. 1 PROPOSED ORDINANCE NO. 99- \\TEMEC_FS101 ~VO L1 ~DEPTS~PLANNING~STAFFRP'P~.73PA99 2CC1 .doc 4 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79- SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) WHEREAS, Section 65864 et seq. of the Govemment Code of the State of Califomia and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, to resolve potential litigation resulting from the City's acquisition of property through eminent domain, the City of Temecula and the property owner, Pala Rainbow, LLC have agreed to enter into a development agreement; and WHEREAS, in accordance with the procedure specified in City Resolution 91-52 and the Development Code, the City of Temecula has initiated said Development Agreement with Pala Rainbow, LLC; and, WHEREAS, the Planning Commission and City Council of said City have each previously conducted public headngs on September 15, 1999 (Planning Commission), and October 19, 1999 (City Council) on this matter; and, WHEREAS, at the October 19, 1999 headng, the City Council directed that last minute changes to the Agreement be returned to the Planning Commission for the Commission's review and recommendation; and WHEREAS, notice of the City's intention to consider adoption of this Agreement with Pala Rainbow, LLC has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public headngs on November 3, 1999 (Planning Commission), and November 9, 1999 (City Council) at which time it heard and considered all evidence relevant and matedal to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Pala Rainbow, LLC, that it: A. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for commercial and office development and is consistent with the General Plan Land Use Designations of Highway Toudst Commercial and Office Professional; and, B. The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, \\TEMEC_FS101\VOL1~)EPTS~PLANNING~STAFFRPT"~273PA99 2CC1 .doc 5 C. The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the zoning distdct in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, D. The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, E. The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, F. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, and police and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; and, G. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, H. The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are the mutually agreeable resolution of eminent domain issues that could have otherwise resulted in litigation. Section 2. APPROVAL. The Development Agreement, attached hereto and incorporated herein by this reference as Exhibit "A" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. ~TEMEC_FS101\VOL1~DEPTS~PLANNING~STAFFRPT~.73PA99 2CCl.doc 6 Section 4. PASSED, APPROVED AND ADOPTED this 9th day of November, 1999. Steven J. Ford. Mayor ATTEST: Susan Jones, CMC/AAE City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attomey STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) I, Susan Jones, CMC/AAE, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of ,1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1999, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan Jones, CMC/AAE City Clerk \\TEMEC_FS101\VOL1~DEPTS~PLANNING~STAFFRPT~73PA99 2CC1 .doc 7 EXHIBIT A DEVELOPMENT AGREEMENT \\TEMEC_FS101\VOL1~)EPTS%PLANNING%STAFFRPT~73PA99 2CCl.doc 8 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the day of , 1999 ("Agreement Date"), by and between PALA RAINBOW, LLC., (hereinafter "OWNER"), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Legislation") and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. OWNER is the owner of certain real property within the County of Riverside, State of California (the "Property"), as more particularly described in Exhibit "A" attached hereto and made a part hereof. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the applicable regulations of the City of Temecula and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the Property as contemplated by this Agreement is described in the Agreement in Section 1.15. D. OWNER has applied for, and CITY has granted this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of CITY (hereinaf~er the "City Council") has required the preparation of an environmental review and has issued a Negative Declaration as regards any significant effects arising from the Project and has otherwise carried out all requirements of the California Environmental Quality Act CCEQA") of 1970, as amended. E. The following actions were taken with respect to this Agreement and the Project: F:XDEPTS~PLANNING~TAFFRPT~73PA99 Development ~doc 1 hearing, the Agreement; 1. On November 3, 1999, following a duly noticed and conducted public City Planning Commission recommended that the City Council approve this 2. On November 9, 1999, after a duly noticed public heating and pursuant to CEQA, the City Council adopted the Negative Declaration for this Agreement and the Project; 3. On November 9, 1999, after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY; 4. On November 9, 1999, after a duly noticed public heating, the City Council introduced Ordinance No. __ - approving and authorizing the execution of this Agreement and on , the City Council adopted the Ordinance, a copy of which is on file in the Development Services Department at the CITY, and adopted the findings and conditions pertaining thereto, including those relating to the environmental documentation for the Project. F. The CITY has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the City. G. In consideration of the substantial public improvements and benefits to be provided by OWNER and the Project, and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, CITY intends to give OWNER assurance that OWNER can proceed with the development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with CITY's General Plan, ordinances, policies, rules and regulations existing as of the Effective Date. In reliance on CITY's covenants in this Agreement concerning the Development of the Property, OWNER has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Existing Project Approvals implement the goals and policies of CITY's General Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within CITY, (ii) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of CITY and its residents; (iii) adopting this Agreement is consistent with CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. CITY and OWNER agree that it may be beneficial to enter into additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated additional agreements or modifications to this Agreement. F:~DEPTSx, PLANNING~Tg73PA99 Development Agreementdoc 2 NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to CITY, pursuant to Article XI, S~tion 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement, the parties agree as follows: 1. Definitions. The following words and phrases are used as defined terms throughout this Development Agreement and each defined term shall have the meaning set forth below. 1.1. Authorizim, Ordinance. The "Authorizing Ordinance" means Ordinance No. __ approving this Agreement. 1.2. CITY. The "CITY" means the City of Temecula, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments. 1.3. the CITY. City Council. "City Council" means the duly elected and constituted city council of 1.4. DeveloDment. "Development" means the improvement of the Property for purposes consistent with the Project's land use authorization, including, without limitation: grading, the construction of infi'astructure and public facilities related to the Off-site Improvements and On-Site Improvements, the construction of structures and buildings and the installation of landscaping. 1.5. Develooment A~reement Le~,islation. The "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date. 1.6. Development Fees. "Development Fees" means development impact and processing fees imposed on the Development as conditions of development as more particularly set forth in Section 4.2. 1.7. Development Plan. The "Development Plan" consists of this Agreement, the Existing Regulations, and those Future Development Approvals, if any, contemplated, necessary, and requested by OWNER to implement the land uses authorized by the Project. 1.8. Effective Date. "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.9. Existira, Repulations. "Existing Regulations" means those ordinances, rules, regulations, policies, requirements, guidelines, constraints or other actions of the CITY, other than site-specific Project Approvals, which purport to affect, govern or apply to the Property or the implementation of the Development Plans in effect on the Effective Date. Existing Regulations F:~DEPTS~P~ING~TAFFRP'I~273PA99 Development Agreement, doc 3 shall also include the text of the zoning district designations of any zoning district applicable to the site of the Project in effect on the Effective Date. 1.10. Future Development Approvals. "Future Development Approvals" means those entitlements and approvals contemplated, necessary, and requested by CITY or OWNER to cause the Development to occur upon the Property subsequent to completion of the Project and approved by the City currently upon or after the Effective Date. The parties hereto expressly anticipate Owner will institute mixed uses on the property that may include some combination of Business Park-Light Industrial, Office Professional, Residential and Commercial uses. 1.11. Off-site Imnrovements. "Off-site Improvements" means physical infrastructure improvements or facilities which are not and will not be located on the Property. Certain Off-site Improvements may be specifically addressed in this Agreement; all others will be dependent upon the Development and the required Future Development Approvals. 1.12. On-site Imnrovements. "On-site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property. Certain On-site Improvements may be specifically addressed in this Agreement; all others will be dependent upon the Development and the required Future Development Approvals. 1.13. OWNER. "OWNER" is initially PALA RAINBOW, LLC and all successors in interest, in whole or part, to this entity. 1.14. P!annin9 Commission. "Planning Commission" means the duly appointed and constituted planning commission of CITY. 1.15. Proiect. "Project" means the adoption of this Agreement thus securing the scope and intensity of land uses to be developed upon the parcel which is approximately fourteen and three tenths (14.3) acres in area and which is generally located adjacent to State Highway 79 South at Pala Road. The uses permitted and scope of the Development shall be consistent with the development standards set forth in the zoning district in effect on the Effective Date (copies of which are attached hereto as Exhibit "B" and incorporated herein by this reference) subject to the express limitations in this Agreement. Under this Agreement, the following uses are classified as General merchandise/retail store uses: camera shops, clothing sales, computer sales and service, furniture sales, and hardware stores. In addition, this Agreement also permits one of these general merchandise/retail stores to be as large as 20,000 square feet. 1.16 Project Annroval. "Project Approval" means the accomplishment of the actions as described in Section 1.15. 2. General Provisions. 2.1. Bindim, Covenants. The provisions of this Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the paxties and all successors in interest to the parties hereto. F:~DEPTS~PLANNING~TAFFRPT~73PA99 Develoffaent Agreement. doe 4 2.2. Property. Interest of OWNER. OWNER represents that OWNER has a legal interest in the 2.3. Term. The term (hereinafter called "Term") of this Agreement shall commence on the Effective Date and shall extend for a period often (10) years thereafter terminating at the end of the day preceding the tenth (10th) anniversary of the Effective Date, subject to specific extensions, revisions and termination provisions of this Agreement. 2.4. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.4. 1. fftermination occurs pursuant to any specific provision ofthisAgreement; 2.4.2. Completion of the total build-out of the Development pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3. Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CITY as a result of any lawsuit filed against the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement for any part of the Project. The termination of this Agreement shall not affect any right or duty arising independently from entitlements issued by CITY or other land use approvals approved prior to, concurrently or subsequent to the approval of this Agreement. 2.5. Transfers and Assignments. 2.5.1. Right to Assign. OWNER shall have the fight from time to time and on such number of occasions as it chooses to sell, assign or otherwise transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof which is subject to transfer (the "Transferred Property") to any person or entity at any time during the Term of this Agreement; provided, however, that any such transfer or assignment must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, assignment, or other transfer, (i) OWNER shall notify CITY within twenty (20) days of such event of the name of the transferee, together with the corresponding entitlemerits being transferred to such transferee and (ii) the agreement between OWNER and such transferee pertaining to such transfer shall provide that either OWNER or the transferee shall be liable for the performance of those obligations of OWNER under this Agreement which relate to the Transferred Property, if any. Each transferee and OWNER shall notify CITY in writing which entity shall be liable for the performance of each respective obligations. 2.5.2. Rights of Successors and Assigns. Any and all successors and assigns of OWNER shall have all of the same rights, benefits and obligations of OWNER under this Agreement. F:~DEPTS~PLANNING~TAFFRPT~73PA99 Develol~mmt Agreementdoc 5 2.6. Amendment of Develooment A~reement. 2.6.1. Initiation of Amendment. Either party may propose an amendment to this Agreement and both parties agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Project. 2.6.2. Procedure. Except as set forth in Section 2.6.4 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 2.6.3. Consent. Except as expressly provided in this Agreement, any amendment to this Agreement shall require the written consent of both parties. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the parties. 2.6.4. Oneratin~ Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes. adjustments, or clarifications without amendment to this Agreement through operating memoranda mutually approved by the parties, which, after execution, shall be attached hereto as addenda and become a part hereof and may be further changed and amended from time to time as necessary, with further approval by City Manager, on behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of OWNER. Unless otherwise required by law or by the Project Approvals, no such changes, adjustments, or clarifications shall require prior notice or hearing. 3. Descriotion of Develooment. 3.1. Develot~ment and Control of Develonment. 3.1.1. Project. While this Agreement is in effect, OWNER shall have the vested fight to implement the Development authorized by the Project pursuant to this Agreement and the Project Approvals and CITY shall have the right to control the Development in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Existing Regulations shall control the design and development, Future Development Approvals and all On-Site Improvements and Off-Site Improvements and appurtenances in connection therewith. 3.1.2. Timin~ of DeveloDment. Regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Future Development in one phase or in multiple phases at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Specifically, CITY agrees that OWNER shall be entitled to apply for and receive permits, maps, occupancy certificates and other entitlements to develop and use the F:~DEPT~PLANNING~qTAFFRPT~273PA99 Development Agreeme~oc 6 Property at any time, provided that such application is made in accordance with this Agreement and the Existing Regulations. The parties hereto expressly reject the holding of Pardee Construction Company v. City of Camarillo, 37 Cal. 3d 465 (1984) as regards any authority regulating the phasing of the Development. 3.1.3. Entitlements. Permits and Anorovals - Cooperation. A. Procedure without a land use plan. Upon satisfactory completion by OWNER of all required preliminary actions, applications, studies, and payments of appropriate processing fees, if any, CITY shall, subject to all legal requirements, diligently process, and complete at the earliest reasonable time all required steps, and expeditiously act upon approvals and permits necessary for Future Development Approvals anticipated under this Agreement including, but not limited to, the following: (1) The processing of applications for and issuing of all discretionary approvals requiring the exercise of judgment and deliberation by CITY, including without limitation, the Future Development Approvals; (2) The holding of any required public hearings; (3) The processing of applications for and issuing of all ministerial approvals requiring the determination of conformanee with Existing Regulations, including, without limitation, site plans, grading plans, improvement plans, building plans and specification, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, temporary use permits, certificates of use and occupancy approvals and entitlements and related matters as necessary for the completion of the development of the Property. B. Procedure with land use plan. Notwithstanding the foregoing, if OWNER elects, at its own sole cost, to prepare and process a comprehensive land use plan for the subject real property, then the further processing of such further approvals shall be done administratively and as set forth in the land use plan. The land use plan shall be reviewed and approved by the CITY by and through its Planning Commission and, if necessary, its City Council. An example of the nature and scope of the land use plan contemplated for the subject real property is the plan prepared for the regional mall project in the City of Temecula. 3.1.3.1. Further Mitigation. In connection with the completion of the Project, OWNER shall be responsible for the satisfaction of any mitigation measures that depend on, act upon, or relate to Future Development Approvals. In connection with the issuance of any Future Development Approvals which are subject to review under CEQA, unless required under CEQA, the CITY shall not impose any environmental land use alternatives or mitigation F:~I)EPT~PLANNING~TAFFRFFa71PA99 Develo!~tmt Agrl~n~nt.~ 7 measures in addition to those referenced in the Project Approvals or deemed reasonably necessary in light of the development activity proposal. 3.1.3.2. Other Permits. CITY further agrees to reasonably cooperate with OWNER in securing any County, State and Federal permits or authorizations which may be required in connection with development of the Project. This cooperation shall not entail any economic contribution by City. 3.2. Rules, Regulations and Official Policies. Except as otherwise specified in this Agreement and the Project Approvals, the rules, regulations and official policies governing the permitted uses of the Property, the density and intensity of use of the Property, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to Development of the Property shall be the Existing Regulations. In connection with any subsequent approval or action which CITY is permitted or has the right to make under this Agreement relating to the Project, CITY shall exercise its discretion or take action in a manner which complies and is consistent with this Agreement, the Existing Regulations and such other standards, terms and conditions contained in this Agreement. An overview and non-exhaustive list of Existing Regulations is listed in Exhibit "C". CITY has certified two copies of each of the documents listed on Exhibit "C" . CITY has retained one set of the certified documents and has provided OWNER with the second set. 3.3. Reserved Authority. 3.3.1. Uniform Codes. This Agreement shall not prevent CITY from applying new rules, regulations and policies relating to uniform codes adopted by the State of California, as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, as amended, and the application of the aforementioned uniform codes is hereby approved including as the same may be amended by CITY from time to time. 3.3.2. State and Federal Laws and Regulations. In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations~ provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any regulation, program or action, or fail to take any action which is inconsistent or in conflict with this Agreement until CITY makes a finding that such regulation, program action or inaction is required (as opposed to permitted) to comply with such State and Federal laws or regulations after taking into consideration all reasonable alternatives. 3.3.3. Re~,ulation for Health and Safety. Notwithstanding anything to the contrary in this Agreement, CITY shall have the right to apply CITY regulations (including amendments to the Existing Regulations) adopted by the CITY after the Effective Date, in connection with any Future Development Approvals, or deny, or impose conditions of approval on, any Future Development Approvals in CITY's sole discretion if such application is required to F:XDEPTS~LANNING~TA_-vFRFI~73PA99 Development Agreement, doc 8 protect the physical health and safety of existing or future occupants of the Property, or any portion thereof or any lands adjacent thereto. 3.4. Vested Right. By entering into this Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Development anticipated by the Project in accordance with the terms and conditions of this Agreement, and in accordance with, and to the extent of, the Project Approvals. By entering into this Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 4.1. CITY therefore agrees to the following: 3.4.1. No Con~ictin~ Enactments. Except as provided in Section 3.3 of this Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure (collectively "law") applicable to the Property which is inconsistent or in conflict with this Agreement. Any law, whether by specific reference to the Development Agreement or otherwise, shall be considered to conflict if it has any of the following effects: (i) Limits or reduces the density or intensity of the Development as regulated by the Existing Regulations or otherwise requires any reduction or increase in the number, size or square footage of lot(s), structures, buildings or other improvements; or (ii) Applies to the Property, but is not uniformly applied by the CITY to all substantially similar development within the CITY. 3.4.2. Consistent Enactments. By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: (i) Relocation of structures within the Property pursuant to an application from OWNER; and Changes in the phasing of the development pursuant to an application ~'om OWNER. (iii) Any enactment authorized by this Agreement. :~.4.3. Initiative Measures. In addition to and not in limitation of the foregoing it is the intent of OWNER and CITY that no moratorium or other limitation (whether relating to the development of all or any pan of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), site development permits, precise plans, site development plans, building permits, occupancy certificates or other entitlements to use approved, issued or granted within CITY, or portions of CITY, shall apply to the Project to the extent such moratorium or other limitation would restrict OWNER's right to develop the Project in such order and at such rate as OWNER deems appropriate. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other govemmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of F:Xl)EPTSXPLANN1NG~TAFFRIr~73PA99 Development Agreem~tloc 9 this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. 3.4.4. Consistency Between This Apreement and Current Laws. CITY represents that at the Effective Date there are no rules, regulations, ordinances, policies or other measures of the CITY in force as of the Agreement Date that would interfere with Development and use of all or any part of the Property according this Agreement. 3.5. Future Amendments to Develooment Plan. The following rules apply to future amendments to the Development Plan: 3.5.1. OWNEWs Written Consent. Any Development Plan amendment to which OWNER does not agree in writing shall not apply to the Property or the Project while this Agreement is in effect. 3.5.2. Concurrent Develonment A~reement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an amendment to this Agreement. 3.5.3. Effect of Amendment. Except as expressly set forth within this Agreement, a Development Plan amendment will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. 4. Oblipations of the Parties. 4.1. Benefits to CITY. The direct and indirect benefits CITY (including, without limitation the existing and future residents of CITY) will receive pursuant to the implementation of the Agreement include, but are not limited to, the following: 4.1.1. Comnrehensive Planning. Providing a comprehensive planning effort; 4.1.2. Short Term Employment. Creating substantial employment opportunities through the construction and development phase; 4.1.3 Lon9 Term Emoloyment. Creating substantial employment opportunities subsequent to the Development; 4.1.4 Improvements. in~'astructure improvements; and The development of the Property, including offsite 4.1.5 Settlement of Liti~,ation. The adoption of this Agreement shall result in the settlement of an eminent domain action between the parties. 4.2. Development Fees. Certain presently undefined development impact and processing fees will be imposed on the Future Development Approvals as conditions of approval. Owner shall be responsible for payment of such fees as they may become due. The fees charged by the City of Temecula shall be at the rate effective for such action on January 1, 1999. F:~DEPTS~PLANNING~STAFFRFF~T3PA99 Develolmu~ Agreeme~doc lO 4.3. Dedications and Exactions. Future Development Approvals will be reviewed in a manner consistent with the general review procedures of the CITY accorded the particular type of Future Development Approval being sought and necessary conditions imposed in a manner consistent with this Agreement. 4.3.1. Curb Cut Access to Subiect Prouertv. CITY agrees to process, in a reasonable and customary manner, the amendments to that certain Memorandum of Understanding with CalTrans and the County of Riverside (identified as the "Highway 79 South M.O.U.") as regards access to the subject property. CITY shall bear no costs other than those related to its reasonable allocation of personnel necessary to accomplish the amendment. Any and all costs shall be borne by OWNER. The area of the curb cut activity is as defined on Exhibit "D" attached hereto. 4.3.2 Jedediah Smith Road Extension South of Hiphwav 79. A. Construction Component CITY agrees to contribute an amount equal to one-third of the total costs involved in the extension of the storm drain necessary to permit the extension of Jedediah Smith Road. Notwithstanding any of the contrary in no instance shall CITY's contribution to the construction component exceed One Hundred Thousand Dollars ($100,000.00). The costs of which contributions are permissible include engineering costs, permit application costs, environmental studies and project specific professional services. CITY shall contribute its proportionate share of the construction monies at any time subsequent to OWNER's commencement of the storm drain construction process, as demonstrated by OWNER' s obtaining a CITY building permit. Upon receipt of a detailed invoice from OWNER describing the basis of the funding request and showing the amount sought is one-third (1/3) of the total monies expended, CITY will promptly deliver the portion of the funds for the current stage of construction to OWNER. Exhibit "E" attached hereto describes the general physical location of the storm drain in relation to Jedediah Smith Road within the public right-of-way. B. Plan Check and Permit Fee Waiver CITY agrees to waive its routinely charged fees for plan check and permits for the storm drain construction described in Section 4.3.2A above. C. Further Cooperation CITY will reasonably cooperate in coordinating the storm drain project with the OWNER and County of Riverside to facilitate the efficient development of the facility, including without limitation, the City's encouragement of the County to contribute its funds to the City, and commitment to administer such funds consistent with the procedures set forth in Section 4.3.2.A. F:XDEPTS~PLANNING~TAFFRPT~73PA99 Develo~me~ Agreementdoc 11 4.3.3 Administrative Discretion - Site Desi~,n and P!annin9. The OWNER and CITY recognize that certain on-site circumstances may require deviation from the strict application of CITY's zoning standards. The CITY desires to allow for the administrative discretion of certain of the design issues for the facilitation of OWNER's site planning purposes. The CITY hereby authorizes the City Manager, or his or her designee, to act on or to determine that such matter should be acted upon by the CITY Planning Commission, the following issues: A. Reduced Set Back on Highway 79 South and Pala Road The front yard set back may be reduced to zero, or any dimension less than the generally applicable front yard setback mount, in the discretion of the City Manager at~er consideration of the OWNER's proposals and subject to reasonably accepted planning principles. B. On-site Landscape Area Requirements Incorporating Wetlands Mitigation Area The parties recognize that a portion of land owned by OWNER is currently limited in its development potential because it is reserved as wetlands mitigation land. The City Manager, or his or her designee, may, in their reasonable discretion, allow all or some portion of the wetland mitigation area (as shown on Exhibit "F') to be calculated as a portion of OWNER' s on-site landscaping requirements for the approximately 14.3 acre subject site. 4.4 Limitation on Restaurant Uses. Concurrently with the quit claim referenced in Section 4.5(B)(1), OWNER agrees to impose, to the reasonable satisfaction of CITY, covenants and conditions upon that portion of the Property located west of Pala Road which serve to prohibit drive-in restaurant uses on such portion of the Property. The restricted area is shown on Exhibit "G." The covenants shall insure that no diminution or release of the land use limitation may occur without the prior written consent of CITY. 4.5 Related Real Prooertv Convevances~ Conditions to Develoument A~,reement. Intent of the Parties The CITY and OWNER agree that the timely completion of the related real estate transactions described hereat~er are a material component of the consideration each party has relied upon in its respective decision to enter into this Agreement. OWNER and CITY, individually and collectively, represent that neither party would have entered into this Agreement but for the promises of the other to transfer the interests in real property described hereunder to the other party. Further, OWNER and CITY, individually and collectively, agree that the failure of any one of the conveyances to be completed in a timely manner will be an event of default under Section 10 of this Agreement. F:XDEPTSXPLANNING~TAFFRFI~73PA99 Development Agreem~Ltioc 12 B. Conveyances to OWNER from CITY 1. Easement Quit Claim (Paia Road Vacation) CITY, pursuant to the deeding instrument recorded as 91436-RS 54/89-90 previously was granted a nonspecific easement by OWNER over a portion of the property subject to the jurisdiction of this Agreement. This property is generally described on Exhibit "M-2" hereto. CITY, agrees to, after the Effective Date of this Agreement and concurrently with the conveyance identified in Section 4.5(c)(1) and 4.6 below, deliver to OWNER a quit claim deed describing the interest presently held by CITY and conveying the same to OWNER.. 2. Easement Quit Claim CITY has previously had dedicated to it, for public purposes, that certain real property described on Exhibit "M-1". The CITY received its interest from the entity identified as "KI/FKLA." CITY will deliver a quit claim deed to OWNER quit claiming the interest identified on Exhibit "M-I" concurrently with the delivery of the quit claim deed described in Section 4.5(It)(1) above. 3. OWNER's Purchase of City of Temecula Real Property CITY presently owns fee title to that certain parcel of real property identified on Exhibit "M-3' for the portion of real property shown as Area A. OWNER has offered to purchase, and CITY has conditionally agreed to sell, subject to the satisfaction of its customarily required proceedings and conditions, the parcel for the sum of Four Dollars ($4.00) per square foot. The parcel is 28,053 square feet in area, resulting in a sales price of One Hundred Twelve Thousand, Two Hundred and Twelve Dollars ($112,212.00). C. Conveyances to CITY from OWNER 1. Additional Pala Road fight-of-way OWNER has agreed to convey, in addition to the real property described in the Action, an additional 12-feet of right-of-way on both sides of Paia Road to provide for the ultimate width of 134 feet as shown on the CITY Circulation Element of the General Plan, all as shown on Exhibit "M-4" hereto. CITY has agreed to pay $4.00 per square foot for the additional right-of-way less any consideration provided for in the eminent domain action for permanent use by the CITY (i.e., slope easements.) The parties agree that the value CITY conveyed to OWNER in the Action is as set forth hereunder. The subject property is specifically described on Exhibit "M-4", hereon, as Parcels 1 & 2 of that exhibit. Parcel 1 is on the westerly side and has an area of 3,370 SF. The eminent domain action provides for a slope easement over that area (Parcel J) at a cost of $2/sq. ~. The additional consideration for Parcel 1 would be 3,370 SF at $2.00/sq. t~. = $6,740. Parcel 2 is on the easterly side and has an area of 5,744 SF. The eminent domain action provides for a slope easement over 4,299 SF of that area (Parcel M) at a F:~I)EP'I'S~LANNING~STAFFRFI'x273PA99 Develoimmm Agr~mmntdoc 13 cost of $0.75/SF. The additional consideration for Parcel 2 would be 5,744 at $4.00/SF less 4,299 SF at $0.75/SF or $19,751.75. Total consideration for the additional right-of-way is $26,491.75. 2. OWNER has agreed to enter into a License Agreement (''License") substantially in the form attached hereto as Exhibit "H" for the purpose of insuring CITY access to the wetlands mitigation area described in the Action as Parcel B. The License shall be conveyed at such time as OWNER receives consideration, in the amount of One Dollar ($1.00), from the CITY. 4.6 Termination of Eminent Domain Action. In addition to the other compensation in this A~eement, the entire deposit in the eminent domain action (Riverside County Superior Court Case No. RIC , referred to in the rest of this section as the "Action") of Two Hundred Ninety-five Thousand Dollars ($295,000.00), plus any interest that accrued on the deposit, shall be immediately released to OWNER. Once OWNER receives such funds, OWNER shall, at CITY's option, either (a) stipulate to a final order of condemnation for the "subject property" defined in the Complaint in Eminent Domain in the Action, or Co) sign and deliver a deed transferring said "subject Property" to CITY, with CITY then dismissing OWNER from the Action. 5. Further Assurances to OWNER Regardinp Exercise of Reserved Authority. 5.1. Adootion of General Plan and Grantin- of Other Project Aoorovals. In preparing and adopting any general plan amendment, zoning district change and in granting the other Project Approvals, CITY reserves its right to and shall consider the health, safety and welfare of the residents of CITY. 5.2. Assurances to OWNER. The parties further acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Project Approvals and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Sections 3.3.1 and 3.3.2. ("Reserved Authority") or this Agreement, OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of land use regulations which might permit CITY in violation of the Reserved Authority, to attempt to apply regulations which are inconsistent with the Project Approvals pursuant to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances that CITY shall not and CITY agrees that it shall not further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority. 5.3. Judicial Review. Based on the foregoing, in the event OWNER judicially (including by way of a reference proceeding) challenges the application of a future land use regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that such rule, regulation or policy is inconsistent with the Existing Regulations and the Project Approvals and CITY shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by CITY in violation of this Agreement. F:XDEPTSXPLANNINGXSTAFFRPT~73PA99 Development AgrcemcnLdoc 14 6. Indemnification. Except to the extent of the gross negligence or willful misconduct of the Indemnified Parties (as defined below), OWNER, and with respect to the portion of the Property transferred to them, the transferee agree: (i) to indemnify, defend, and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties and alleging that CITY is liable therefor as a direct or indirect result of CITY's approval of this Development Agreement. OWNER's duties under this Section 6(i) are solely subject to and conditioned upon the Indemnified Parties' written request to OWNER to defend and/or indemnify CITY. Without in any way limiting the provisions of this Section 6(i), the paxties hereto agree that this Section 60) shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Agreement Date. (ii) during the term of this Agreement, to defend CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified Parties") from and against any claims or proceeding against the Indemnified Paxties to set aside, void or annul the approval of this Development Agreement. CITY shall retain settlement authority with respect to any matter provided that prior to settling any such lawsuit or claim, OWNER shall provide CITY with a minimum ten (10) business days written notice of its intent to settle such lawsuit or claim. If CITY(in its reasonable discretion) does not desire to settle such lawsuit or claim, it may notify OWNER of the same, in which event OWNER may still elect to settle the lawsuit or claim as to itself, but CITY may elect to continue such lawsuit, but at OWNER's cost and expense, so long as the CITY's decision is predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY. 7. Relationshin of Parties. The contractual relationship between CITY and OWNER is such that OWNER is an independent contractor and not the agent or employee of CITY. CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making CITY and OWNER joint venturers or partners. 8. Amendment or Cancellation of A~reement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. This provision shah not limit CITY's or owner remedies as provided by Section 10. 9. Periodic Review of Comnliance with Apreement. 9.1. Periodic Review. CITY and OWNER shall review this Agreement at least once every 12-month period from the date this Agreement is executed. CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1. F:XI)EPTS~LANNING~TAFFRFIX273PA-99 Develqm~nt Agreement.tioc 15 9.2. Good-Faith Com oliance. During each periodic review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. OWNER agrees to furnish such reasonable evidence of good faith compliance as CITY, in the exercise of its reasonable discretion, may require. If requested by OWNER, CITY agrees to provide to OWNER, a certificate that OWNER or a Development Transferee is in compliance with the terms of this Agreement, provided OWNER reimburses CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. 9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any remedy for CITY failure to conduct this annual review. 9.4. Initiation of Review bv City Council. In addition to the annual review, the CITY Council may at any time initiate a review of this Agreement by giving written notice to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the CITY Council of OWNER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe the CITY' s general health, safety or welfare is at risk as a result of specific acts or failures to act by OWNER. 9.5 Administration of A~,reement. Any decision by CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) days after OWNER receives notice of the staff decision. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 9.6. Availability of Documents. If requested by OWNER, CITY agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for CITY in connection with any periodic compliance review by CITY, provided OWNER reimburses CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. CITY shall respond to OWNER's request on or before ten (10) business days have elapsed from CITY' s receipt of such request. 10. Events of Default: Remedies and Termination. Unless amended or canceled as provided in Section 8, or modified or suspended pursuant to Government Code Section 65869.5 or terminated pursuant to this Section 10, this Agreement is enforceable by either party hereto. 10.1. Defaults bv OWNER. If CITY determines on the basis of a preponderance of the evidence that OWNER has not complied in good faith with the terms and conditions of this Agreement, CITY shall, by written notice to OWNER, specify the manner in which OWNER has failed to so comply and state the steps OWNER must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from CITY specifying the manner in which OWNER has failed to so comply, OWNER does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then OWNER shall be deemed to be in default under the terms of this Agreement. CITY may F:~DEPTS~PIANNING~TAFFRFI~73PA99 Development Agreement. doc 16 terminate this Agreement pursuant to Government Code Section 65865.1. OWNER agrees that its default hereunder is a conclusive representation that it is consenting to the cancellation of this Agreement. In event of default by OWNER, except as provided in Section 10.3, CITY's sole remedy for any breach of this Agreement by OWNER shall be CITY's right to terminate this Agreement. 10.2. Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to CITY, specify the manner in which CITY has failed to so comply and state the steps CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specif3dng the manner in which CITY has failed to so comply, CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then CITY shall be deemed to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 10.3. 10.3. Sneci~c Performance Remedv. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed ~'om other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Agreement and that OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. CITY and OWNER further acknowledge that, if OWNER fails to carry out its obligations under this Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Agreement. Therefore, CITY's remedy of terminating this Agreement shall be sufficient in most circumstances if OWNER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if CITY issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 10.4. Institution of Legal Action. In addition to any other rights or remedies, OWNER or CITY may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof to recover damages for any default, or to obtain any other remedies consistent with the purpose of this Agreement. Such legal action shall be heard by a reference from the Riverside County Superior Court pursuant to the reference procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER and CITY shall agree upon a single referee who shall then try all issues, whether of fact FADEPTSXPLANNING~STAFFRPT~73PA99 Development Agreement. riot 17 or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and CITY are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 10.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 10.5. Estonoel Certificates. Either party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating: 10.5. 1. The Agreement is in full force and effect and is a binding obligation of the parties. 10.5.2. The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. 10.5.3. No default in the performance of the requesting party's obligations under the Agreement exists or, if a default does exist, the nature and amount of any default. A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer of OWNER may sign on behalf of OWNER. An Estoppel Certificate may be relied on by assignees and mortgagees. 10.5.4. In the event that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. 11. Waivers and Delavs. 11.1. No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such pany's right to demand strict compliance by such other party in the future. 11.2. Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Section 11.3. 11.3. FoRe Maieure. OWNER shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor di~ficulties beyond OWNER control, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda, moratoria (includin~ without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6) or judicial decisions. F:~DEPTS~PLANNING'~TAFFRPT~73PA99 Development Agreementdoc 18 11.4. Extensions. The Term of this Agreement and the time for performance by OWNER or CITY of any of its obligations hereunder or pursuant to the Project Approvals shall be extended by the period of time that any of the events described in Section 11.3 exist and/or prevent performance of such obligations. In addition, the Term shall be extended for delays arising from the following events for a time equal to the duration of each delay which occurs during the Term: 11.4.1. Litivation. The period of time after the Effective Date during which litigation related to the Project Approvals or having the actual effect of delaying implementation of the Project is pending including litigation pending on the Effective Date. This period shall include any time during which appeals may be filed or are pending. 11.4.2. Government A~encies. Any delay resulting from the acts or omissions of the CITY or any other governmental agency or public utility and beyond the reasonable control of OWNEP~ 11.5. Notice of Delay. OWNER shall give notice to CITY of any delay which OWNER believes to have occurred as a result of the occurrence of any of the events described in Section 11.3. For delays of six months or longer, this notice shall be given within a reasonable time after OWNER becomes aware that the delay has lasted six months or more. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or thirty days before the end of the Term, whichever comes first. 12. Notices. M notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested. Notices required to be given to CITY shall be addressed as follows: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attn.~ PlannerManager With a copy to: Richards, Watson & Gershon Thirty-Eighth Floor 333 South Hope Street Los Angeles, California 90071 - 1469 Attn.: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: Pala Rainbow, LLC 27349 Jefferson Avenue, Suite 102 Temecula, California 92590 Attn.: Michelle D. Schierberl, Managing Member F:'OEPTS~PLANNING'~TAFFRP'Pa73PA99 Development Agreement. doc 19 With a copy to: Lorenz Alhadeff Cannon & Rose, LLP 27555 Ynez Road, Suite 203 Temecula, California 92591-4677 Attn.: Philip D. Oberhansley, Esq. Any notice given as required herein shall be deemed given only if in writing and upon delivery personally or by independent courier service. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. 13. Attorneys' Fees. If legal action is brought by either party against the other for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in Section 10.4 above as an item of damage and/or recoverable costs. 14. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 15. Effect of Apreement on Title. 15.1. Effect on Title. OWNER and CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 15.2. Encumbrances and Lenders' Rights. OWNER and CITY hereby agree that this Agreement shall not prevent or limit any owner of any interest in the Property, or any portion thereof, at any time or from time to time in any manner, at its or their sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust sale and leaseback arrangement or other security device. CITY acknowledges that any Lender (as hereina~er defined) may require certain interpretations of or modifications to the Agreement or the project and City agrees, upon request, from time to time, to meet with the property owner(s) and/or representatives of such Lenders to negotiate in good faith any such request for interpretation or modification. CITY further agrees that it will not unreasonably withhold its consent to any such requested interpretation or modification to the extent such interpretation or modification is consistent with the intent and purpose of this Agreement. A default under this Agreement shall not defeat, render invalid, diminish or impair the lien of any Lender. The mortgagee of a mortgage or beneficiary of a deed of trust or holder of any other security interest in the Property or any portion thereof and their successors and assigns, including without limitation the purchaser at a judicial or non-judicial foreclosure sale or a person or entity which obtains title by deed-in-lieu of foreclosure ("Lender") shall be entitled to receive a copy of any notice of Default (as defined in Section 10.1 hereof) delivered to OWNER and, as a pre- F:~DEPTSXPLANNING~TAFFRPT~T~PA,09 DeveloFment ~doc 10 condition to the institution of legal proceedings or termination proceedings, the CITY shall deliver to all such Lenders written notification of any default by OWNER in the performance of its obligations under this Agreement which is not cured within sixty (60) days (the "Second Default Notice") and shall allow the Lender(s) an opportunity to cure such defaults as set forth herein. The Second Notice of Default shall specify in detail the alleged default and the suggested means to cure it. After receipt of the Second Default Notice, each such Lender shall have the right, at its sole option, within ninety (90) days to cure such default or, if such default cannot reasonably be cured within that ninety (90) day period, to commence to cure such default, in which case no default shall exist and the City shall take no further action. Notwithstanding the foregoing, if such default shall be a default which can only be remedied by such Lender obtaining possession of the Property, or any portion thereof, and such Lender seeks to obtain possession, such Lender shall have until ninety (90) days after the date obtaining such possession to cure or, if such default cannot reasonably be cured within such period, then to commence to cure such default. Further, a Lender shall not be required to cure any non-curable default of OWNER, and any such default shall be deemed cured if any lender obtains possession. 16. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material pan of consideration for either party. The covenants contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such bene~ted party. 17. Subseouent Amendment to Authorizinp Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.3.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Agreement Date. 18. Rules of Construction and Miscellaneous Terms. 18.1. Internretation and Governinp Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an irapermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. 18.2. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 18.:}. Gender. The singular includes the feminine; "shaH" is mandatory, "may" is permissive. F:~DEPTS~PLANNING~TAFFRP'I~273PA9~ Ikv~l~ Agreen~-/doc 21 plural; the masculine gender includes the 18.4. No Joint and Several Liability. At any time that there is more than one OWNER, no breach hereof by an OWNER shall constitute a breach by any other OWNER. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify CITY, arising by reason of such breach shall be applicable solely to the OWNER that committed the breach. However, CITY shall send a copy of any notice of violation to all OWNERS, including those not in breach. 18.5. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 18.6. Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 18.7. Entire A~reement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 19. Extension of Maos. In accordance with Government Code Section 66452.6(a), any tentative map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of CITY and OWNER and its Development Transferees and shall not be construed to benefit or be enforceable by any third party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: ,1999 "CITY" CITY OF TEMECULA, a municipal corporation By: Steven J. Ford, Mayor ATTEST: Susan Jones, CMC/AAE City Clerk F:~DEPTS~PLANNINO~STAFFRPT~73PA99 Devdolm~mt ~ioc 22 APPROVED AS TO FORM: City Attorney Dated: ,1999"OWNER" PALA RAINBOW, LLC By: ItS~ By: State of Califomia ) ) ss County of ) On before me, , personally appeared , personally known to me or 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 eapaeity(ies), and that by his/her/their 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. State of California ) ) ss County of ) Signature of Notary F:XDEPTSXPLANNING~STAFFRFI~73PA99 Development Agreetnentdoc 23 On before me, , personally appeared , personally known to me or 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/her/their 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. Signature of Notary F:~DEPTS~PLANNING~STAFFRFI~73PA99 Development Agroementdoc 24 EXHIBIT A PROPERTY OWNED BY PALA RAINBOW, LLC F:XDEPTSXPLANNING~TAFFRPT~73PA99 Developm~t AgreemenLdoc 25 I.IJ LL!I~ LIJ a- 0 o/ EXHIBIT B ZONING DISTRICT REGULATIONS F:~DEPTSXPLANNING~STAFFRFl~73PA99 Development Agreement riot 26 CHAPTER 17.08 COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS SECTIONS: 17.08.010 17.08.020 17.08.030 17.08.040 17.08.050 17.08.060 17.08.070 17.08.080 Purpose and intent. Description of commercial/office/industrial districts. Use regulations. Development standards. Special use regulations and standards. Landscape requirements and standards. Commercial/office/industrial performance standards. Environmental standards. 17.08.010 PURPOSE AND INTENT. The following zoning districts are intended to provide regulations for the safe, efficient and creative design of the commercial, office and industrial areas within the city. The zoning districts are intended to be consistent with the land use designations that are described in the land use eleme. nt of the Temecula general plan. In certain situations several zoning districts are established to implement the goals and objectives of the general plan. The commercial/office/industrial zoning districts are intended to permit the range of industrial or commercial uses in areas where uses are consistent with the general plan. It is further intended to accomplish the following: Provide for appropriate commercial areas to provide the city with a sound retail and industrial base with employment opportunities for the community. Bo To ensure compatibility of retail commercial and office uses with adjacent land uses and to minimize traffic congestion and overloading of the city's utility systems. C, To encourage and assure that new commercial and industrial development will be planned in a comprehensive manner with high standards of architecture, landscape and site design. (Ord. 95-16 § 2 (part)) 17.08.020 DESCRIPTION OF COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS. The purpose and intent of the zoning districts are described as follows: Neighborhood Commercial (NC). The neighborhood commercial designation includes smaller-scale business activities which generally provide retail or convenience services for the local residents in the surrounding neighborhood. Typical uses include traditional small food markets (floor area less than twenty-five thousand square feet), drug stores, clothing stores, sporting goods, offices, hardware stores, child care and community facilities. B. Community Commercial (CC). The community commercial designation includes retail, professional office and service-oriented business activities which serve the entire community. Community commercial areas typically include some neighborhood commercial uses as well as larger retail uses including department stores, theaters, restaurants, professional offices, specialty retail stores and shopping centers. Includes Amendments as of June 1, 1999 Chapter 17.08 - I Highway/Tourist Commercial (HT). The highway commercial designation is intended to provide for those uses that are located adjacent to major transportation routes or within convenient access from freeway interchanges. Highway commercial development should be located near major artedals, and developed as clusters of commercial development rather than permitted to extend along the major streets. Typical uses may include tourist accommodations and lodging facilities, automobile service stations, restaurants, convenience shopping, and food stores, and gift shops. Service Commercial (SC). The service commercial designation is intended to provide for intensive commercial uses and selected light manufacturing uses that typically require extensive floor area. Typical uses include home improvement stores, discount retail stores. furniture stores, auto dealerships and auto service and repair. Warehousing and light manufacturing may be permitted as supporting uses for a business that is consistent with the service commercial designation. Professional Office (PO). The professional office designation includes primarily single-tenant or multi-tenant offices and may include supporting uses. The office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, community facilities. Limited supporting convenience retail and personal service (such as dry cleaners, barbers, shoe repair shop) commercial may be permitted to serve the needs of the on-site employees. A maximum of fifteen percent of the total square footage of the floor area shall be devoted to retail or personal service uses. Business Park District (BP). It is the intent of the business park zoning designation to develop well designed business and employment centers that include attractive and distinctive architectural design, innovative site planning, and substantial landscaping and visual quality. Typical uses may include administrative offices, research and development laboratories, custom made product manufacturing, processing, assembling, packaging, and fabrication of goods, such as jewelry, furniture, art objects, clothing, on-site wholesale of goods produced, and labor intensive manufacturing, assembly, and repair processes which do not involve frequent truck traffic. Retail uses are not permitted in this zoning district except as supporting a principal business park use (limited to fifteen percent (15%) of the square footage of the development). Light Industrial District (LI). It is the intent of the light industrial zoning designation to promote the development of attractive comprehensively planned industrial uses that will help to provide the city with a sound and diverse industrial base. This district allows for a wide variety of industrial uses including manufacturing, compounding of materials, processing, assembling, packaging, treatment or fabrication of materials, and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage and warehousing within enclosed building, storage and wholesale to retailers from the premises of finished goods and food products are also allowed. Also included in this zoning district are the following uses; warehousing, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined raw or semirefined products requiring further processing or manufacturing. Storage of raw or finished materials may occur outside providing there is adequate screening from adjoining land use areas. Standards are provided to protect adjoining uses from excessive noise, odor, smoke toxic materials, and other potentially objectionable impacts. (Ord. 96-19 § 2(EE)(part); Ord. 95-16 § 2 (part); Ord 97-17 § 2(D)) Inctucles Amenclments as of June 1, 1999 Chapter 17.08 - 2 17.08.030 USE REGULATIONS. The land uses list in the following Table 17.08.030 shall be permitted in one or more of the commercial zoning districts as indicated in the columns corresponding to each residential district. Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-," 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 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use J N~JCCJ HT J SC A Adult business-subject to Chapter 5.08 of the Temecula Municipal Code Aerobicsldancelgymnasticsljazzercise/martial arts 4 F P studios (less than 5,000 sq. ft.) , Aerobicsldancelgymnasticsljazzerciselmartial arts - F P studios (greater than 5,000 sq. ft.) Airports ' - - Alcoholism or drug treatment facilities C C Alcohol and drug treatment (outpatient) C C Alcoholic beverage sales C C C Ambulance services P Animal hospital/shelter P P Antique restoration C C Antique sales P P P Apparel and accessory shops P P P Appliance sales and repairs (household and small P P - appliances) Arcades (pinball and video games) C C Art supply stores P P P Auction houses - C Auditoriums and conference facilities C C Automobile dealers (new and used) - Automobile sales (brokerage)-showroom only (new C C and used)-no outdoor display Automobile repair services C C Automobile rental C C Automobile painting and body shop Automobile salvage yards/impound yards - Automobile service stations with or without an P P automated car wash Automotive oil change/lube services with no major C P repairs Automotive partsTsales P P P Automotive service stations selling beer and/or wine- - C~ C~ with or without an automated car wash P P C C C P P C P P P C P P C C P F P C F PO B=i LI i C C - C C C C - - p - C P P P P C P C C C C C C C C P P P C C P F P F C~ C1 C~ C* Includes Amendments as of June 1, 1999 Chapter 17.08 - 3 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts B Bakery goods distribution Bakery retail Bakery wholesale Banks and financial institutions Barber and beauty shops Bed and breakfast Bicycle (sales, rentals, services) Billlard parlor/poolhall Binding of books and similar publications Blood bank Blueprint and duplicating and copy services Bookstores Bowling alley Building material sales (with exterior storage/sales areas greater than 50 percent of total sales area) Building material sales (with exterior storage/sales areas less than 50 percent of total sales area) Butcher shop C Cabinet shop Cabinet shops under 20,000 sq. ft.-no outdoor storage Camera shop (sales/minor repairs) Candy/confectionery sales Car wash, full service Carpet and rug cleaning Catering services Clothing sales Coins, purchase and sales Cold storage facilities Communications and microwave installations2 P P 'T P P P P C P P C -t P P P P P P P C P P P P C P P P P P P P P C P P P p "p P P - P P P P P P C P P P P Includes Amendments as of June 1, 1999 Chapter 17.08 - 4 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use Communications equipment sales Community care facilities Computer sales and service Congregate care housing for the elderly Construction equipment sales, service or rental Contractor's equipment, sales, service or rental Convenience market Costume rentals Crematoriums Cutlery D Data processing equipment and systems Day care centers Delicatessen Discount/department store Distribution facility Drug store/pharmacy Dry cleaners Dry cleaning plant E Emergency shelters Equipment sales and rentals (no outdoor storage) Equipment sales and rentals (outdoor storage) F Feed and grain sales Financial, insurance, real estate offices Fire and police stations Floor covering sales Florist shop Food processing Fortunetelling, spiritualism, or similar activity NC CC P P - -i C P - p ,J C C P C P P C C - p HT P P P P C C P sc I C' C P P P P C P P C- P P C P C _ _ p P P P P P P P Po - p P P P P P ~ P P P ~ PO P P P P P C EP P P P C P C P C C L P P P P C P C P C P P Includes Amendments as of June 1, 1999 Chapter 17.08 - 5 Freight terminals Fuel storage and distribution Funeral parlors, mortuary Furniture sales Furniture transfer and storage Table 17,08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use !~ C I d;c 1 P - P HT P SC PO E>P P L P C C P G Garden supplies and equipment sales and service - Gas distribution, meter and control station General merchandise/retail store less than 10,000 sq. C ~. Glass and mirrors, retail sales Governmental offices less than 5,000 sq. ~. C Grocery store, retail Grocery store, wholesale Guns and firearm sales C P P P P P P P P P :> p P ~ C P - C p - C C H Hardware stores P Health and exercise clubs (less than 5,000 sq. ~.) C Health and exercise clubs (greater than 5,000 sq. ~.) - Health food store P Health care facility P Heliports Hobby supply shop ~ Home and business maintenance service Hospitals Hotels/motels ' P P p P P C P P P - p P > C P P - P P C C P C P C C P C P C C I Ice cream parlor Impound yard Interior decorating service P P P C J Junk or salvage yard Includes Amen(~ments as of June 1, 1999 -.t - C Chapter 17,08 - 6 K Kennel L Laboratories, film, medical, research or testing centers Laundromat Laundry service (commercial) Libraries, museums and galleries (private) Liquified petroleum, sales and distribution Liquor stores Lithographic service Locksmith Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC I C~ - C P P P C C c c PIP P HT SC C PO p' . C C C - p - p - BP P P C P L F C C '-F F M Machine shop Machinery storage yard Mail order businesses Manufacturing of products similar to, but not limited to, the following: P P - P - C P P Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. - F P Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping. truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage. P Uses under 20,000 sq. ft. with no outside storage Massage Includes Arnenclrnents as of June 1, 1999 P P - P P p :) Chapter 17.08 - 7 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Distr'cts Description of Use Medical equipment sales/rental Membership clubs, organizations, lodges Mini-storage or Mini-warehouse facilities4 Mobilehome sales and service Motion picture studio Motorcycle sales and service Movie theaters Musical and recording studio N Nightclubs/taverns/bars/dance club/teen club Nurseries (retail) Nursing homes/convalescent homes O Office equipment/supplies, sales/services Offices, administrative or corporate headquarters with greater than 50,000 sq. ft. Offices, professional services with less than 50,000 sq. ~., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance P Paint and wallpaper stores Parcel delivery services Parking lots and parking structures Pawnshop Personal service shops Pest control services Pet grooming/pet shop Photographic studio Plumbing supply yard (enclosed or unenciosed) Postal distribution Postal services I~C CC P F HT SC P P C C P - P - p C . C C C C PO P C C C P P P P - P P P P " (3 C + ,- P,, F) IT P P P P - C C P P P P. P p F~ P P P P C P P P P P P C P P · p P - P P P P P P P P P P P Includes Amendments as of June 1, 1999 Chapter 17.08 - 8 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use } NC CC Printing and publishing (newspapers. periodicals, books, etc.) Private utility facilities (Regulated by the Public Utilities Commission) Q Reserved R Radio and broadcasting studios, offices Radio/television transmitter Recreational vehicle parks Recreational vehicle sales Recreational vehicle, trailer, and boat storage within an enclosed building Recreational vehicle, trailer and boat storage-exterior yard Recycling collection facilities Recycling processing facilities Religious institution. without a daycare or private school Religious institution, with a pdvate school Re!igio,Js institution, with a daycare Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) Residential, multiple-family housing Restaurant, drive-in/fast food Restaurants and other eating establishments Restaurants with lounge or live entertainment Retail support use (15 percent of total development square footage in BP and LI) Rooming and boarding houses S Scale, public Schools, business and professional - P HT S,C - P P P P P C C C C PO C P Inclucles Amenclments as of June 1. 1999 P BP ~ p p ~ p C P P P P - - C P - - - C P C C C C C C C C C C C C C C C C C C C C C C C = P P C C C C C C - C C C C C C P C C C C C - C P P C Chapter 17.08 - 9 Table 17,08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use Schools, private (kindergarten through Grade 12) Scientific research and development offices and laboratories Senior citizen housing (see also congregate care) Solid waste disposal facility Sports and recreational facilities Swap Meet, entirely inside a permanent building3 Swap Meet, Outdoor Swimming pool supplies/equipment sales T Tailor shop Taxi or limousine service Tile sales Tobacco shop Tool and die casting Transfer, moving and storage Transportation terminals and stations Truck sales/rentals/service 'I'VNCR repair U Upholstery shop V Vending machine sales and service W Warehousing/distribution Watch repair Wedding chapels Welding shop Welding supply and service (enclosed) Y Reserved N~ CC~ HT q: P P P P C C P P P P P P C P P -! C P ~ P P p P P P SC C C C P P P P C P C P P PO E'P P C C P P C C - C P P P C C C P P P P C P IP C P P - P - P Includes Amendments as of June 1, 1999 Chapter 17.08 - 10 Z Reserved 1. 2. 3. 4. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC ~ C: HT S: PO B:~ ILl [ i , The CUP will be subject to Section 17.08.050(G). Subject to standards outlined in appendix. See Chapter 5.22 of the Temecula Municipal Code. See Section 17.080.050(R), special use regulations and standards for self-storage or m~ni- warehouse facilities. (Ord. 96-19 §§ 2(EE)(part) and 4; Ord. 95-16 § 2 (part);Ord. 97-03 § 2;Ord. 97-06 § 2; Ord 97- 17§(5)) 17.08.040 DEVELOPMENT STANDARDS. The development standards listed below are the minimum standards for development with the respective zoning districts. It is intended that these standards will be met in addition to the commercial/office/industrial performance standards of Section 17.08.070. Considerations for approval of development plans and for awarding floor area ratio bonuses will be based upon both the development standards and the degree of conformance with the performance standards. In the event of a conflict between the development standards and the performance standards, the director of planning shall determine which requirement best implements the intent of the development code. Separate development standards have been established for developments on a single lot and for those commercial shopping centers or industrial planned developments which include multiple structures on one or more lots. Includes Arnen~tments as of June 1, 1999 Chapter 17.08 - 11 The following Table 17.08.040A provides the development standards for the commercial/office and industrial districts for developments within planned shopping centers or industrial/business parks. Table 17.08.040A Development Standards - Commercial/Office/Industrial Districts For Developments within Planned Shopping Centers or industriallBusinessiParks Commercial Development Standards NC CC HT SC Minimum gross area of site 5 a~res 10 acres 10 acres 10 a:res Target floor area ratio 0J25 0.30 0.30 0.:~0 Maximum floor area ratio 0j40 1 .,) 1.0 1.5 with intensity bonus as per Section 17.08.050 Front yard adjacent t0 a street: Arterial street 25 ft. 20 it. 25 ft. 25 ft. Collector 2(] ft. 15 ~t. 20 ft. 20 ft. Local lSft. 10~t. 15ft. 15ft. Yard adjacent to 25 ft. 25 ~. 30 ft. 30 ft. resident/ally zoned property. Interior side yard ~ 0j 0 C Rear yard I q ft. 10 h. 1 o ft. 1 o ft. Accessory structure- 5jft. 5 ft. 5 ft. 5 1. side/rear setback j Minimum building separation: One story: 1C ft. 10 =t. 10 ft. 15 ft. Two stories: 1 ~ ft. 15 't. 15 ft. 20 ft. Three stories or more : 20 't 20 ft. 25 ft. Maximum height 35: ft. 50 ~1. 75 ~. 50 ~. Maximum percent of lot 2~% 30% 30% 30% coverage J Minimum required 25% 20% 20% 20 landscaped open space Fence, wall or hedge 6 ~.. 6 l. screening outdoor storage- minimum height Fence, wall or hedge 6Jft. 8 ft. 8 ft. 12 ft. screening outdoor storage- maximum height J PO 5 acres 0.50 1.0 25 ft. 20 ft. loft. 25 ft. 0 loft. 5ft. BP 10 acres 0.40 15 20 ~. 20 ~. loft. 35 ft. C loft. 5't. 15ft. 20 ft. 25 ft. 75 ft. 50% 25% 15fi. '20 ft. 25fi. 50 ft. 40% 25% Not allowed 6-t, Not allowed 12fi. L! 10 a "-res 1.3 20 ft. 20 ft. loft. 40 ft, C lO=t. 5~. 15't 20 25 "t. 40 ~. 40% 20% Includes Amendments as of June 1, 1999 Chapter 17.08 - 12 The following Table 17.08.040B provides the development standards for the Commercial/Office and Industrial Districts for a development on a separate lot. Commercial/Development Standards Table 17.08.040B Development Standards - Commercial/Office/Industrial Districts For a Development on a Separate Lot N¢ CC HT SL Minimum net lot area (sq. ft.) Target floor area ratio Maximum floor area ratio with intensity bonus as per Section 17.08.050 PO B= L 30.000 30,( 00 20,000 40,000 40,000 40,000 40,C 00 sq. ift- sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. 0.25 0.;0 0.30 0.30 0.50 0.40 0.~ 0 0.40 1.2) 1.0 1.5 1.0 1,5 1.0 Minimum width at required front setback area Minimum depth Minimum frontage on a street Yard area adjacent to a street: Arterial street Collector Local Interior side yard Rear yard Accessory structure-side/rear setback Yard areas adjacent to resident/ally zoned property. Maximum height Maximum percent of lot coverage Minimum required landscaped open space Fence, wall or hedge- maximum height Accessory structure- maximum height Fence, wall or hedge screening outdoor storage- minimum height Fence, wall or hedge screening outdoor storage- maximum height 50 ~. 50 ft. 80 ft. 10C ft. 80 ft. 10(: ft. 100 ft. 1001ft. 10(: ft. 100ft. 12C ft. 120fi. 12(: ft. 120fi. 30 ft. 30 ft. 50 ft. 80 ft. 60 ft. 80 ft. 80 ~. 15ft, 25ft. 25<t. 20ft. , 20ft. 20 10 ft 25 ft. 25 't. 20 ft.. 20 ft. 20 ,t. loft. 15ft. 15't. loft. 1off. lo't. C 0 0 0 C 0 10 ft. 10 ft. 10 't. 10 ft. 10 =t. 10 5-t. 5ft. 5f. 5ft. 5P.. 5f:.. 25 ft. 30 ft. 30 !' 25 ft. 30 ~.. 40 't. 50 ft. 75 ft. 50 l. 75 ft. 50 ft. 50 't. 30% 30% 30% 50% 40% 40% 20% 20% 20% 25% 25% 20% 61. 6ft. 6ffi 6fi. 6ft. 6~. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ~. 6 't. 6 ft Not 6 fL 6 P.. allowed 6f~. 8't. 8ft. 12fi. Not 12 :t. 12 't. i allowed 25 ft. 15ft. Oi ~5ft. 25 ir't. 35.ft. 25% 25~ 6ft. 12~t. (Ord. 96-19 § 2(EE) (pan) and (FF) and 3(B) and (C); Ord. 95-16 § 2 (pad); Ord. 98-14 § 3) includes Amendments as of June 1, 1999 Chapter 17,08 - 13 17.08.050 SPECIAL USE REGULATIONS AND STANDARDS. Commercial/Office/Industrial Incentives. Increase in the Floor Area Ratio. As a part of the process of the review and approval of a development plan or conditional use permit, the planning commission and city council may consider an increase in the maximum allowable intensity as indicated on Table 17.08.040A. The amount of the increased intensity shall not exceed the maximum of the density range or floor area ratios stated in the general plan for the specific land use designation. In addition, the city engineer must determine if the project at the increased intensity does not create unmitigable impacts upon the traffic circulation in the area or overburden the utilities serving the area. The city council shall consider the following factors in determining if an increase in the intensity is justified: 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. Examples include: the provision of affordable housing with proximity to convenient shopping and employment, accessibility to mass transit facilities, and creative mixtures of land uses, housing types, and densities. The project provides exceptional architectural and landscape design amenities which reflect an attractive image and character for the city. Examples include bUt extraordinary architectural design, landscaped entry features (maybe within the public right-of-way,) public trail systems, or public plazas, and recreational features in excess of what is required by this development code. The project provides enhanced public facilities which are needed by the city. Beyond those required mitigations. Examples of such facilities include: the provision of community meeting centers, enhanced transportation improvements, off-site traffic signalization, police or fire stations, public recreation facilities and common parking areas or structures to serve the community. B. Entertainment Establishments Providing Dancing, Music and Similar Activities· Noise levels shall not exP.~-ed the standards set forth in the nois~e element of the general plan or the environmental performance standards of this development code (Section 17.08.070). Dancing, music, and similar entertainment uses shall be limited to between the hours of six p.m. and two a.m. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations. Arcades. In consideration of a request for an arcade, the following criteria will be considered and application material requested. The planning commission shall consider, but not be limited to, the need for adult supervision, hours of operation, proximity to schools and other community uses, compatibility with the surrounding neighborhood and businesses, noise attenuation, bicycle facilities, and interior waiting areas. Includes Amendments as of June 1, 1999 Chapter 17.08 - 14 Eo The applicant shall submit with his application, three sets of typed gummed labels, listing the name and address of all businesses within a shopping center and all landowners within a three-hundred-foot radius of the shopping center or arcade. Each application shall contain a description of the types of machines, a floor plan, and hours of operation. Car Washes. A conditional use permit shall be required for all full-service or self-service car washes within the commercial districts. Car washes shall comply with the following criteria: Such business shall be located at least two hundred feet from any residential district. 2. Wash bays and vacuum areas shall be screened from public view. Regular monitoring of the fadlity by an attendant shall be provided during business hours to control noise, litter, and other nuisances. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water aqd electrical systems, except for security and fire protection, shall be provided during non-business hours. Permanent Indoor Swap Meet Facilities. Indoor swap meets shall be established only in buildings containing five thousand square feet or more of gross floor area. City business licenses and state seller permits shall be obtained by every tenant operating a stall space. No more than one business license shall be granted per one hundred fifty square feet of building floor area. The minimum average square footage of a partitioned cubicle or stall space (booth) shall be one hundred fifty square feet. The minimum size for an individual stall shall be one hundred square feet, and no more than twenty-five stall spaces shall be permitted to contain one hundred square feet. 5. No adult business, as defined in the Temecula Municipal Code shall be permitted. No loudspeakers or sound equipment which can be heard from exterior or semipublic areas shall be used on the premises. Each stall space shall be partitioned with partition walls at a height of not less than five feet, six inches. Scissor-type gating shall not be used to separate vendors or vending areas. All floor areas of indoor tenant spaces, shall be covered with a high-grade tile or carpeting. Includes Amen(Iments as of June 1. 1999 Chapter 17.08 - 15 9. Aisles shall have a minimum width of seven feet. 10. Security personnel shall be provided during hours of operation. F. Used Motor Vehicle Sales. The minimum lot width of any site supposing a used motor vehicle sales business shall be one hundred feet. 2. The minimum lot area shall be ten thousand square feet. Buffer walls and landscaping shall be as provided as required for the zoning district in which the use is located. A building containing not less than two hundred square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure; portable buildings or mobilehomes are not permitted. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages, except for the incidental sale of beer and wine at a restaurant, shall require the appropriate license from the state of California and the city and be subject to a conditional use permit. Any automotive service station which proposes to sell beer and wine concurrently with motor vehicle fuel shall require a conditional use permit which permit shall be subject to the provisions of Business and Professions Code Section 23790 et seq. and shall require that: a. The' decision be based on written findings. A denial of an application for a CUP be subject to appeal to the city council in accordance with Section 17.03.090 of this code. The same procedure for noticing, and conducting the CUP hearing that is utilized by the city for all other CUPs be used and provide for all parties to be present and to present evidence. The decision and findings be based on substantial evidence in view of the whole record to justify the ultimate decision. The above businesses shall not be located within five hundred feet of any religious institution, school or public park. The license application shall be reviewed by the city's police services prior to city approval. Trash Collection Areas. Trash collection areas shall be located within a screened enclosure. The enclosure should not be visible from a public street or from any adjacent residential area. Trash collection shall include separate facilities for the recycling of paper, bottles, plastic and aluminum. Additional design requirements are provided in the performance standards of this chapter. Includes Amendments as of June 1, 1999 Chapter 17.06-16 Outside Storage and Service Areas· Outside storage should be confined to the rear of the principal structure(s), rear two- thirds of the lot, whichever is more restrictive. All storage areas shall be located on appropriate paving and be screened from public view from any adjoining properties and from the public rights-of-way by appropriately designed walls, fencing and landscaping. Storage on Vacant Lots. When permitted by the zoning district regulations or by a development permit outside storage on a vacant lot shall be screened from public view from any adjoining properties and from the public right-of-way by appropriately designed, walls, fencing and landscaping. Lighting. All lighting fixtures, including spotlights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed and arranged to prevent glare or direct illumination on streets or adjoining property. Mechanical Equipment. Mechanical equipment used in the manufacturing process may be required to be enclosed in a building and roof-mounted accessory equipment may ..be required to be screened from view. Retail Sales. Retail sales and services that are incidental to permitted use are subject to the following conditions: The operations are contained within the main structure which houses the primary use. The retail sale area occupies no more than fifteen percent of the total building square footage. 3. No retail sales or display of merchandise shall occur outside the structures. Drive-Thru Facilities. Commercial uses including restaurants, financial institutions or other business providing drive-thru facilities shall be subject to the following requirements. 1. All drive-thru facilities shall require a conditional use permit. Pedestrian walkways should not intersect the drive-thru aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping. Drive-thru aisle shall have a minimum width of eleven feet on the straight sections and twelve feet on curved portions. For fast food restaurants the drive-thru aisles shall have a sufficient stacking area behind the menu board to accommodate six cars. The speakers shall be located so as to protect adjoining residential areas from excessive noise. Inclucles Amen~lments as of June 1, 1999 Chapter 17.08 - 17 N. Temporary Office Modules. 1. A master plan for development of permanent buildings shall be submitted in conjunction with such request. 2. The design of the office modules shall have a permanence, as mu~:h as practicable. This shall include such things as screening temporary foundations, screening utility equipment, and using overhangs, walkways and stepped roofs to mitigate the temporary appearance. 3. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities and landscaping. O. Outdoor Sales of Merchandise. All businesses shall be conducted complete within an enclosed building. The following outdoor sales and commercial activities may be permitted to operate outdoors, within their respective districts and subject to any required reviews and permits: 1. Automobile, boat, trailer, camper, and motorcycle sales and rentals (subject to a conditional use permit); 2. Building material, supplies and equipment rental and sales (subject to a conditional use permit); 3. Fruit and vegetable stands (required temporary use permit); 4. Horticultural nurseries (subject to a conditional use permit); 5. Gasoline pumps, oil racks and accessory items when located on pump islands; 6. Outdoor display of merchandise as accessory to current on-site business (subsection Q of this section); 7. Outdoor recreation uses; 8. Parking lot and sidewalk sales (subject to temporary use permit and regulations set forth in this chapter); and 9. Other activities and uses similar to those above as determined by the director of planning. P. Outdoor Display of Merchandise Accessory to Current On-Site Business. Any outdoor display must be done in conjunction with the business being conducted within the building and shall comply with the following regulations: 1. The items being displayed shall be of the same type that are lawfully displayed and sold inside the building on the premises. 2. The aggregate display area shall not exceed twenty-five percent of the linear frontage of the store front or ten linear feet, whichever is greater. 3. Items shall not project more than four feet from the store front. tnclucles Amendments as of June 1. 1999 Chapter 17.08 - 18 No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public fight-of-way if an encroachment permit has first been procured from the city. Items shall be displayed only during the hours that the business conducted inside the 'building on the premises is open for business. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; is unsightly or creams any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. Flag Poles. A maximum height of seventy five feet. Self-Storage or Mini-Warehouse Facilities. 1. Development Standards The following standards shall be applied to all new self-storage or mini-warehou,.se facilities: a, The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. In commercial zoning districts the rear and side yard setbacks shall be a minimum of 10 feet. In industrial zoning districts no rear or side yard setbacks are required. The director of planning may increase the setbacks to a maximum of 25 feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification. c. The maximum lot coverage shall be 65 percent. The development site shall provide a minimum of 10% landscaped open space for a project within commercial districts. In industrial districts, the total landscaping shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped. A manager's residential unit may be provided, but is not required. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for vehicles, boats, buses, trailers, etc., provided that the storage area is adequately screened from public view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the director. Includes Amendments as of June 1, 1999 Chapter 17.08 - 19 2. Performance and Use Regulations Any business activity, other than rental of storage units, including the on-site sale of merchandize or garage sales, and transfer/storage businesses which utilize vehicles as part of the business is prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. Storage units shall not be used for the storage of ~ammable liquids, highly combustible or explosive materials, or hazardous chemicals. Truck or vehicle rental is prohibited without obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses. Automobile, Motorcycle and Truck Dealership Landscape Standards. Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships or substantial alterations to existing automobile, motorcycle and truck dealerships. a. Display areas: a minimum five foot (5') wide landscape island shall be required at the end of all display area lanes adjacent to the main entry drive lane. A one-foot strip, made of concrete or other materials acceptable to the Community Development Director, shall be located next to the curb immediately adjacent to the end display parking space. Said landscape islands shall have a mixture of trees, shrubs and groundcover shall have automatic irrigation. Street frontages. All portions of the property which have street frontage shall meet one of the following criteria: A minimum of twelve feet (12') of landscaping shall be provided, me~_sured frnrn the rear of the sidewalk to the display area length and shall be surrounded by low growing shrubs, groundcover and turf; or A minimum of twenty feet (20') of landscaping shall be provided, measured from the rear of the sidewalk to the display area, with display area allowed to encroach into eight feet (8') of the landscape area. a) Display areas shall be paved with concrete, a maximum of twenty (20) feet in length and shall be surrounded by low growing shrubs, groundcover and turf. b) The number of display areas allowed shall be calculated in the following manner: 3 display spaces per 100 linear feet of street frontage. Fractional spaces (.5 and over) shall be rounded up. Includes Amendments as of June 1, 1999 Chapter 17.08 - 20 c) No display area shall be located immediately adjacent to another display area. Landscaping snail be provided between display areas. Co Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum ten foot (10') wide landscape buffer. All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum five foot (5') wide landscape buffer. All customer parking on the site shall be clearly identified, either through special paint (i.e. curb painting) or signage and shall be subject to the landscape requirements contained in Section 17.24.050H of the Development Code. Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses. Inventory and vehicle-in-repair storage areas on the site shall be cleariy identified and will not need to be intemally landscaped. If they are located on the perimeter or adjacent to residential development or sensitive areas they shall be screened in the manner discussed above..(Ord. 96-19 §§ 2(GG)-(II); Ord. 95-16 § 2 (part); Ord 97-17 § 3(C), § 10; Ord. 98-17 § 2) 17.08.060 LANDSCAPE REQUIREMENTS AND STANDARDS. A. Plant Materials. Landscape design and construction shall emphasize drought-tolerant materials when possible. Street trees shall be planted at a minimum of one tree per thirty linear feet of street frontage. Trees shall be a minimum fifteen-gallon size at the time of planting. Shrubs shall be a minimum of five gallons at the time of planting. All landscape materials shall be subject to approval by the city for appropriateness and consistency with the water efficient landscape ordinance. Includes Amendments as of June 1, 1999 Chapter 17.08 - 21 Irrigation Requirements. All landscaped areas shall include an automation irrigation system approved by the city that provides adequate coverage and irrigation. Efficient water conservation systems such as drip irrigation systems should be used. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free of weeds and debris and maintained in a healthy, growing condition, and shall receive regular pruning, fertilizing, mowing or trimming. Landscape Design Standards. Setback areas that are not used for vehicular and pedestrian access shall be landscaped. In addition, all interior courts open space areas and boundary areas that are not covered with buildings, pavement, or other impervious surface shall be landscaped. Areas proposed for development in another phase occurring not within six mont. hs of the completion of the previous phase shall be temporarily seeded and irrigated for dust and soil erosion control. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, drought-tolerant plant materials for water conservation, and utilize planting (i.e., combination of shrubs, trees and climbing vines) to break up large building masses and perimeter walls and fencing. The use or combination of berming, landscape materials, low level walls and structures, shall be used to screen parking areas, loading areas, trash enclosures, and utilities from public view. lope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with an appropriate groundcover for erosion control. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate groundcover for erosion control and to soften their appearance as follows: One fifteen-gallon or larger tree per each six hundred square feet of slope area; ii. One gallon or larger shrub for each one hundred square feet of slope area; and iii. Appropriate groundcover. Includes Amendments as of June 1, 1999 Chapter 17.08 - 22 Slope banks in excess of ten feet in vertical height with slopes greater or equal to 2:1 shall also provide one five-gallon or larger tree per each one thousand square feet of slope area in addition to the requirements of subsection (C)(5)(a) of this section. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Where trees are planted in pedestrian areas, a protective tree grate shall be provided. Trees and shrubs should be planted and maintained so that they do not interfere with utilities, light standards, sight lines for traffic safety, encroach on adjacent property, or obstruct to the solar access rights of adjoining property owners. (Ord. 96-19 §§ 2 (J J) and 3(D); Ord. 95-16 § 2 (part)) 17.08.070 COMMERCIAL/OFFICE/INDUSTRIAL PERFORMANCE STANDARDS. Purpose. The purpose of this section is to provide for uniform performance standards and criteria for the design of commercial buildings within the city in accordance with the recognition that the quality and compatibility of building design directly impacts the health, safety and welfare of the residents of the community. Moreover, quality and compatible building design promotes and preserves the stability of the city through orderly growth and enhancement of a quality business environment. These purposes are further achieved through the following: The enhancement of the physical character of the community and quality of life through sound planning and coordinated development. inclucles Amenclments as of June 1, 1999 Chapter 17.08 - 23 The balancing of aesthetic design qualities with functional development. The preservation and enhancement of the physical character, integrity and quality of commercial/office/industrial areas. 4. The enhancement and protection of property values and the adherence to the goals and policies of the general plan. 5. The stimulation of improvements and maintenance of surrounding properties, thereby preventing and reversing the effects of urban blight. General Performance Standards. Developments in the commercial/office/industrial districts should be designed to provide variety and visual interest while still creating a unified overall image. Performance standards to achieve this image include, but are not limited to the following: 1. Use creative entry treatments with such features as canopies, awnings, cornices or atriums. Use a vadety of complementary colors and avoid the use of just one color and d=3. rk colors. 3. Use various window shapes and sizes. Vary the building shapes by using curved or angled walls. Separate buildings or accessory structures should be designed as an integral part of the primary building by using complementary materials, common architectural elements, and special landscape design techniques. Use a consistent design theme throughout the project. Employ complementary or consistent details, shapes, materials and colors. In addition, consistent signage should be provided with complementary colors. lettering, placement and materials. The bulk of the building should be divided to reduce the apparent scale and provide visual interest. Box-like designs should be avoided. This can be accomplished through the following: Use variations in the building footprints and facades. Such variations should be proportional to the overall bulk of the buildings with variations being greater for large buildings. Use a variety of shapes and forms including architectural projections such as roof overhangs, box windows, stairways, balconies, and cantilevers that create shadows on the buildings. Use contrasting vertical and horizontal elements that help to break the visual mass of the facade into smaller areas. d. Divide the bulk of the roof into smaller areas to reduce the apparent scale of the building and provide visual interest. The roof can be designed with varying heights and slopes to contrast with a flat roof. Includes Amen~iments as of June 1. 1999 Chapter 17.08 - 24 Where the character or scale is identifiable, new development should be designed to maintain that character and to be compatible with that scale. In areas where the character is not identifiable, new development should be designed to be complementary or consistent with desirable characteristics of the surrounding area in a way that contributes to the establishment of a positive character and scale for the area through the use of similar or complementary materials, colors, or building forms and design details. Development should be designed to minimize detrimental impacts on surrounding properties, including, but not limited to, visual, noise, air quality and other environmental impacts. Strategies for minimizing the impacts include protecting residential areas adjacent to commercial development through screening of circulation areas, loading areas and trash collection points or other areas that could potentially be disruptive to the residential character of the adjacent area. Commercial Development Performance Standards. 1. Circulation. Limit egress and ingress to commercial areas to common entrance points. Orient most of the vehicular access from side streets rather than directly from major arterial. Separate vehicular and pedestrian circulation systems should be provided if possible. Pedestrian linkages between uses in the commercial areas should be provided. In shopping centers, provide separate pedestrian walkways from parking areas to the major commercial tenants. Whenever possible, parking lots should be designed to separate vehicular circulation routes from parking aisles. 2. Architectural Design. Large buildings should be designed in such a manner to avoid excessive mass and bulk. This can be accomplished by dividing the building form, varying the height of the roof structure and by creating offsets in the exterior walls. The lower floors of commercial structures should not have blank walls. Windows, trellises, wall articulation, and entrances can provide relief along expansive wall surfaces. Upper portions of multistory commercial structures can be stepped-back to reduce the bulk and mass of the buildings and to preserve pedestrian scale. 3. Site Planning and Design. Pedestrian amenities in commercial developments should be provided to enhance the opportunities for pedestrian circulation and social activities. Strategies to achieve this high degree of pedestrian orientation and activity include, but are not limited to, the following: Includes Amendments as of June 1. 1999 Chapter 17.08 - 25 Orient the design of the buildings to the scale of pedestrian. First floor uses should be primarily retail commercial, restaurants, or public use areas. Windows and door entrances should be located on the ground floor to encourage pedestrian activity. Large expanses of uninterrupted wall surfaces should not be permitted. ii. Provide covered or enclosed walkways between the buildings on the site. IlL Provide pedestrian plazas and sidewalks of sufficient width adjacent to buildings along with amenities such as special lighting, interesting paving materials, landscaping benches and other street furniture. Whenever possible, new structures should be clustered. This creates plazas or pedestrian malls instead of rows of commercial or "S.trip commercial." Separate structures can be linked with arcades, trellis or clearly defined walkway. Minimize conflicts between pedestrian and vehicular traffic as much as possible by orienting pedestrian circulation areas parallel with the flow..of traffic through the parking areas. Loading facilities shall not be located in front of structures without screening. These facilities are most appropriately located at the rear of the structures where screening can be minimal or not needed. ee Open space areas should be concentrated or clustered into larger more meaningful spaces at areas of significant activity, rather than dispersed into small areas of low impact or on the periphery of the site. Compatibility. When a commercial structure is located adjacent to a residential neighborhood additional setbacks from the residentially zoned area shall be required- Multistory buildings may be stepped back to preserve the scale of the adjacent low rise structures. Industrial Development Performance Standards. 1. Circulation. The circulation plan for an industrial development should clearly differentiate circulation plans for employees, visitors, truck traffic, loading areas and pedestrian circulation. Facilities should be provided, when appropriate, for access to bus routes, bus stops. Bicycle parking areas should be provided for employees. Walkways and paths should be provided opportunities for ~valking or jogging for employees. Includes Amendments as of June 1, 1999 Chapter 17.08 - 26 2. Architectural Design. Long unarticulated walls should be avoided. Wall planes should not extend in a continuous direction for greater than fifty feet without an offset. b. Outstanding building and roof forms, and distinctive windows patterns. co Blank wall elevations should be avoided on street frontages. d. Highly reflective surfaces are discouraged especially at the ground level. Wall materials should be selected that are resilient to damage from machinery. f, If rolling shutter doors are required, the doors should be mounted on the inside of the building to create an uncluttered appearance from the exterior. Site Planning and Design. Placement of structures which creates opportunities for plazas, courts. or gardens, lunch areas for employees with amenities such as outdoor seating and garden areas. Design features which contribute to the design character of a project may include: ceremonial entrance drives, enhanced visitor parking areas, highlighted visitor entrance areas, decorative pedestrian plazas and walkways, focal landscape treatments, site sculptures, employee recreational facilities (exercise courses, jogging paths). In order to provide security, lighting should be provided at a minimum illumination of one footcandle across parking areas and two footcandles at entrances. Lighting fixtures should be shielded to confine the spread of light to adjoining proDerties. The design of the lighting fixtures should be compatible with the architecture of the building. d, Loading areas should generally not be located in the front of the building where it is difficult to adequately screen the loading areas from public view. These areas are most appropriately located in the rear or side of the property so that the loading docks and doors are not directly in the public view. When walls or fences are necessary in the frontage of the property to conceal storage and mechanical equipment areas, walls should be architecturally treated on both sides and should be designed to complement and blend with the architectural design of the building. Long expanses of fencing or walls should be avoided unless offsets are provided, height variations, and combinations of materials are used to avoid monotony. Landscaping along the fences and at specific pockets should be provided. Includes Amendments as of June 1, 1999 Chapter 17.08 - 27 ii. Screening for outdoor storage should be a minimum. of eight feet and a maximum of twelve feet high depending on the height of the material being screened. Exterior storage should be in the portions of the site least visible from public view. iii. Chain link fencing with wood or metal slatting between the links is acceptable for areas that are not visible from the street. iv. When screening is required, a combination of screening techniques may be used, including solid masonry walls, landscaped laerms and landscaping. Mechanical or other utility equipment shall be screened whether it is located on the roof. side of building or on the ground. The method of screening shall be architecturally integrated in terms of materials, color- and form. Roof top equipment should be integrated into the design of the building. Compatibility. Where industrial uses are adjacent to nonindustrial uses, appropriate buffering techniques such as increased setbacks, screening, berms and landscaping must be provided to mitigate any negative effects of indust.rial operations. (Ord. 96-19 § 2(KK); Ord. 95-16 § 2 (part)) 17.08.080 ENVIRONMENTAL STANDARDS. Development projects and buildings should be designed to minimize detrimental impacts on surrounding properties, including, but not limited to, visual, noise, air quality and other environmental impacts. Strategies for minimizing the impacts include protecting residential areas adjacent to industrial development through screening of circulation areas, loading areas and trash collection points or other areas that could potentially be disruptive to the residential character of the adjacent area. Noise. Any existing or proposed uses which generate sounds that are or may be considered a nuisance or hazard to any adjacent property due to the intermittence,.beat, frequency, or shrillness of the sounds, shall have the source of the noise muffled or otherwise controlled so that the noise is subdued to acceptable levels. Construction work is exempt from this requirement during the period a valid building permit is in force. Bo Particulate Matter. Any existing or proposed use shall not discharge excessive particulate matter into the atmosphere for a period that exceeds three minutes in any one hour. The following standards establish maximum acceptable levels: Smoke. The density reading designated as Number I on the United States Bureau of Mines Ringelmann Chart is the maximum acceptable level. o Dust, Dirt and Ash. Any level which can or may cause damage to the health of any individual, animal, or plant or physical soiling or discoloration of the surfaces of any structure or material which is located outside the property lines of the lot or parcel from which the particulate matter is emanating. Includes AmencIments as of June 1. 1999 Chapter 17.08 - 28 Odors, Toxics and Noxious Matter. Any existing or proposed use which produces odors, toxic gases or noxious matter in such quantities as can or may be readily detectable at any point outside the property lines of the premises and when such emissions are or may become a public nuisance or hazard, the use shall be modified to prevent such releases. Vibration. Any existing or proposed use which generates vibrations that can or may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of such vibrations. Glare. Any existing or proposed use that constitutes or may be considered a nuisance or hazard on any adjacent property due to emittance of excessive light or glare from mechanical or chemical processes or from reflective materials used or stored on the site shall be shielded or otherwise modified to prevent such emissions. Heat, Radiation and Electromagnetic Disturbances. Any existing or proposed use that can or may generate excessive heat, electrical disturbances or radioactive emissions that can or may be considered hazardous or a nuisance shall be shielded, contained or otherwise modified to prevent such generations, disturbances or emissions. (Ord. 95-16 § 2 (part)) Includes Amendments as of June 1, 1999 Chapter 17.08 - 29 EXHIBIT C NON-EXHAUSTIVE LIST OF EXISTING REGULATIONS F:~DEPTS~PLANNING~STAFFR_P'I~73PA94) Development Agreement, doe 27 EXHIBIT C NON-EXHAUSTIVE LIST OF EXISTING REGULATIONS 2. 3. 4. 4. 5. 6. 7. 8. General Plan The Development Code (Title 17 of the Temecula Municipal Code) The Subdivision Ordinance (Tifie 16 of the Temecula Municipal Code) Citywide Design Guidelines Habitat Conservation Ordinance Mount Palomar Lighting Ordinance Uniform Building Code, as locally adopted Uniform Fire Code, as locally adopted Standard Drawings for Public Works Construction F:XDEPTS~PLANNINGXSTAFFR.FF273PA99 Development Agreement dec 28 EXI:I1BIT D CURB CUT ACTIVITY F:XDEpTSXpLANNiNGXSTAFFRlrr'X273pA99 Development Agreement. doe 29 Z O r._) O "" >.-D C'~ '.' I.--0 Z Ld"~d~ rOI...,J.jl~ ~_l..,.jr"'~,,-_ Old I,i1.--'~"~ r'~r"~ E) rn ,,- I-- y) I,.- O O I EXHIBIT E JEDEDIAH SMITH ROAD STORM DRAIN F:XDEPTSXPLANNINGXSTAFFRFI~73PA,99 Development Agreementdoc 30 w ~ a_OU orrc: ~ n' 0 'O 0 0 EXHIBIT F WETLAND MITIGATION AREA F:~DEPTS'xPLANNING~TAFFRP'I~73PA99 Development Agreelne~doc 31 EXHIBIT G RESTAURANT PROHIBITION AREA F:~DEpTS~pLANNING~STAFFRtrl~73PA99 Development Agreemmt, doc 32 EXHIBIT H WETLAND ACCESS LICENSE F:~DEPTS~PLANNING~STAFFRP~273PA99 Development Agreement. doe 33 Recording requested by and when recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589 Exernl0t from Recording Fee per Govt Code Sec. 27383 City of Ternecula By: A.P.N. 950-110-022 (Space above this fine for Recoede ~ u~e) DOCUMENTARY TRANSFER TAX IS NONE. Pubic Agency exerrpt. Revenue and TaxalDn Code SeclDn 11922 LICENSE AGREEMENT The CITY OF TEMECULA, a municipal "City" and. Pain Rainbow, LLC hereby agree as follows: corporation, hereina~er hereinafier referred to as referred to as "Grantor" The right is hereby granted to City or City's designee, contractor or subcontractor to emer upon and use the real property of Grantor in the City of Temect~a, State of California, described as follows: Being portions of the Temecula Rancho, in the Count7 of Riverside, State of Califronia, which Rancho was patented to Luis Vignes by patent recorded in Book 1, Page 37 of Patents, in the office of the Count7 Recorder of San Diego County, Califronia, also being a portion of Parcel 43 as described in deed to Kacor Realty, Inc. recorded Sept~-kar 29, 1977, as Instrument No. 192314 on file in the office of the County Recorder of said Riverside County. For all purposes necessary and convenient to facilitate and accomplish the coation and maintenance of the wetland creation area described further as Parcel "B" of Order of Possession, Case No. 315426, Superior Court of the State of California for the County of Riverside filed July 24, 1998. A three- (3) day written notice shall be given to Grantor prior to using the rights herein granted. The term of this agreement shall be five- (5) years from the date of said notice; or acceptance of the wetland creation area by the U.S. Army Corps of Engineers and California Department of Fish and Game, whichever is less. It is agreed that the City shall enter upon Grantors property where appropriate, or designated by the Grantor. for the purpose of getting construction and maintenance equipment, and a temporary water service to and from the wetland creation area. City agrees to use reasonable care on Grantor's property. in the process of performing such activities. lof3 The right to enter upon and use Grantors property includes the right to remove and dispose of real and personal property located thereon. Grantor reserves the right to remove salvageable real and personal property on or before the expiration of the three- (3) day notice. At the termination of the period of use of Grantors property by City, but before its relinquishment to Grantor, debris generated by City's use will be removed and the surface will be graded and let~ in a neat condition. Each party hereby indemnifies and saves the other parties harmless from any and all liability, damage, expense, causes of action, suits, claims, liere, or judgements arising from injury to person or property and occurring on its own parcel unless caused by the act or neglect of any other party hereto and any liens arising from construction or maintenance. 5. Grantor hereby warrants that he/she is the owner of said property described above and that he/she has the right to grant City permission to enter upon and use the property. This aglvement is the result of negotiations between the parties hereto. This agreement is intended by the parties as a final expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the terms and conditions thereof. 7. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 8. This agreement supersedes any and all other prior agreements or understanding, oral or written, in connection therewith except for that certain agreement entitled. 9. Grantor, his assignn and successors in interest, shall be bound by all the terms and conditions contained in this agreement and all the parties thereto shall be jointly and severally liable thereunder. 10. The rights and obligations as described herein shall create mutual benefits and servitude upon the parcels running with the land. This agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, tenants, successors and/or assi_m~s, and shall bind every, ,nelson having any fee, leasehold, or other interest in a parcel, to the extent that covenant provisions apply to the parcel. IN WITNESS THEREOF, these presents have executed this instrument this day of ,19 Signature Signature Print Name Print Name 2of3 STATE OF CALIFORNIA} SS. COUNTY OF RIVERSIDE} On , before me the undersigned, a Notary Public in and for the State of California, personally appeared personally known to me (or proved ~o me ~n the basis of satisfactory evidence) to be the perseus(s) whose name(s) is/are substribed to the within instrument and acknowledged to me thai he/she/they executed the same in his/her/their authorizeci capacity(is), and that by his/her/their signature(s) on the inslrument the person(s), or the entity upon behalf of which the person(s) acted, exec,_n_~ the insmanent WITNESS my hand and official seal. Signature 3of3 EXHIBIT M-1 EASEMENT QUIT CALIM F:XDEPTSXPLANNING~STAFFRPTa73PA99 Development Agreement, tloc 34 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Revised August 18, 1999 March 24, 1999 JN 15-100053- M1 Page 1 of 1 Lelzal Description Pala Road Vacation That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Pala Road as described in Strip 1 and Cupeno Lane as described in Strip 3 of an easement deed recorded May 16, 1990 as Instrument No. 180581 of Official Records in the Office of the County Recorde~' of said Riverside County: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 ~ed in Book 181, Pages 54 through 58 of Maps in said Office of the Riverside County Recorde. r; bounded on the West by a curve having a radius of 933.00 feet and being concentric with add 12.00 feet easterly from a curve in the easterly line of Pala Road as described in Parcel "A" of an Order of Possession filed July 24, 1998 as Case No. 3 15426 in the Superior Court of the State of California for the County of Riverside; and bounded on the South by the following described line: COMMENCING at GPS Station PINYON 1 as shown on a map filed in Book 102, Pages 50 through 65 of Records of Surveys in said Office of the Riverside County Recorder, said Station having coordinates of N 2166428.3493 and E 6498294.9778 based on the California State Plane Coordinate System, Nad 83, Epoch 1995.5; thence South 76°30'20.89" West 210,105.87 feet to the TRUE POINT OF BEGINNING; thence North 80°49'34" West 92.79 feet; thence South 78°06'16" West 70.41 feet to a point on a curve in the westerly line of said Pala Road (110.00 feet wide) as described in said Strip l, said c..rve .eino concave easterly and having a radius of 1055.00 feet. ' RESERVING therefrom an easement for slope purposes over that portion included within Parcel "M" of said Order of Possession filed July 24, 1998. CONTAINING: 0.966 Acres, ,more or less. "" his reference made a part hereof. H-'%ORP60~PDATA~lSIOOOS~OppIC~WFWIN~.53LiJiA~LWpD ~, 3 / 3] 100 0 100 200 500 POC !!--'_ ::': ~' ..... I PINYON 1 2166428.5493 l III ~ 6498294.9778 'G~APHiC SCALE iN FEET S72'58'01.46"E 310562.00 (GRID) ~~2257398.5576 LAKE 6201555.2919 MATHEWS STATE HIGHWAY 79 //C/U pER / , 7\ N6%~t)' 33"F , \, 45' :4 '-' DATA TABLE _ _ BRNG/DELTA RADIUS LENGTH I N66'26'34"W 2 05'08'06" 3 S78'06'16"W 4 NBO'49'34"W 5 21'50'56" 6 N09'04 46"W 7 N79°01 41"E 8 03'54 44" 9 N09"04 46"W 10 07"49 27" 1! N24'07 25"E 12 N70'10 19"E 13 03'44'23" 14 N70"lO'19"E -- 31.45 1055.00' 94.55 -- 70.41 -- 92.79 945.00' 360.36 -- 12.15 -- 2.75 1571.00' 107.27 -- 12.18 1055.00' 144.07 -- 33.09 -- 20,84 933,00' 60.90 -- 10.48' FXHI~I1 "lJ" PALA ROAD VACAT I ON REVISED 8/18/99 I sc,~..~ MAY 24, 1999 SCALE: i"=100' P.O.8. ,,, PREPARED UNDER THE SUPERVISION OF: RAYMOND L. MATHE, L.S. 61~.5 EXPIRES 3-31-02 PALA ROAD PER STRIP 1, [NST. NO. 180581,0.R. (5-16-90) CUPENO LANE PER STRIP 3, I NST. NO. 180581,0.R. (5-16-90) SHEET i OF 1 SHEET F t ELI:) BOOK JOB 1510C053-M1 E C) / EXHIBIT M-2 EASEMENT QUIT CLAIM (PALA ROAD VACATION) F:',I)EPTS~PLANNINGxSTAFFRFI~73PA99 Development Agreement. doe 35 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 Revised August 18, 1999 May 24, 1999 JN 15-100053- M2 Page 1 of 2 EXHIBIT "A" Legal Description Pala Road/Cuoeno Lane Vacation That certain parcel of land situated in the City of Temecula. County of Riverside, State of California, being those portions of Pala Road and Cupeno Lane: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in the Office of the County Recorder of said Riverside County; bounded on the West by the easterly line of said Tract No. 20319; bounded on the South by the northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit "B" for Parcel "D" of an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of California for the County of Riverside; bounded on the Northeast by a line parallel with and 12.00 feet southwesterly from a line shown as "North 54°19'31' West 99.02 feet" in Parcel "J" of said Order of Possession; and bounded on the general easterly side by the following described line: BEGINNING at the intersection of said parallel line with a curve in the easterly line of Pala Road concave easterly and having a radius of 220.92 feet as shown on a map filed in Book 54, Pages 89 and 90 of Records of Surveys in said Office of the Riverside County Recorder, a radial line of said curve from said point bears South 6 l°32'52"East; thence along said curve southerly 211.36 feet through a central angle of 54°48'59" to the northerly line of Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in said Office of Riverside County Recorder; Thence along said northerly line North 70°10'19'' East 78.33 feet; thence South 16°31' 19" West 14.59 feet to said northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit "B" of Parcel "D" of said Order of Possession and THE POINT OF TERMINATION of the described line. HAGRP64Y~DATA\lSI00053~OFpICE~Wi~/IN~31~jlXF2.~ Legal Description Pala Road/Cupeno Lane Vacation Revised August 18, 1999 May 24, 1999 JN 15-100053-M2 Page 2 of 2 RESERVING therefrom an easement for slope purposes over that portion included within Cupeno Lane (60.00 feet wide) as described in said Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records. ALSO, RESERVING therefrom an easement for slope purposes over that portion included within said Parcel "J" of said Order of Possession filed July 24, 1998. CONTAINING: 1.570 Gross Acres EXHIBIT "B" attached and bv this reference made a part hereof. Raymond L. Mathe, P.L.S. 6185 My license expires 3/31/02. 'k No. 6185 ,k .3/31/,,,,~OF FL~,GR, P60~DATA\ISI00053~OFpiCL~WpWiN~31g100Z~t 100 ~ NIO° 14'05"E 0 130 200 3RAPH:: SCALE TN FEET /,,,-C/L S03° 17 13"W /' (R) / / I I \- ~ 40' ?/\c STATE HIGHWAY aER TRACT NO. 205'9 79 ,,N54o19,31,,W -~ 02'" PER PCL. "J" <Z) PALA ROAD PER PCL. 4 INST. NO. 91436.0.R. (7-12-73) <:~PALA ROAD PER PCL. 5 INST. NO. 91436,0,R, (7-12-73) <~PALA ROAD PER RS 54/89-90 @PoRTTo. oF sTR~P 3 (5-16-90) DATA TABLE 1 06°56'52" 1571.00' 190.50' 2 S54"17'24"E -- 92.12' 5 54°48'59'' 220.92' 211.36' 4 NTO°10'19"E -- 78.33' 5 S16"31'19"W -- 14.59' 6 11"09'12" 270.00' 52.56' 7 S74"54'48"W -- 169.43' 8 62'48'46" 305,00' 334.37' 9 NOB'43'36"E -- 36.71' TOTAL PARCEL=I.570 ACRES PREPARED DER THE SUPER ON OF: ~MATHE, L.S. 6185 EXPIRES 3-31-02 SHEET 1 OF 1 SHEET EXHIBIT "B" PALA ROAD/CUPENO LANE ~ VACAT I ON REV I SED 8/18/99 [ SCALE I FIELD BOOK MAY 24, 1999 %ALE: 1"=100' Robeft Be~n, lf~:ll~arn Frost & Associates PROFESSIONAL ENGIhEERS, PLAM~RS k SURVEYORS (909) $7l-eoa2 FAX (9~l) 171-72,44 JO(~ N0. 15100053-M2 EXHIBIT M-3 OWNER' S PURCHASE OF CITY OF TEMECULA REAL PROPERTY F:XI)EPTSXPLANNINGxSTAFFRPT~73P.499 Development Agreement. doc 36 Robert Bein. William Frost & Associates 27555 Ynez Road, Suite 400 Temecula. CA 92591 EXHIBIT "A" Revised September 14. 1999 Mav 24, 1999 JN 15-100053- M3 Page 1 of 1 Lel~al Description Pala Road Ouitclaim That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Pala Road: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in the Office of the County Recorder of said Riverside County; bounded on the West by the easterly line of said Tract No. 20319: bounded on the South by the northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit "B" for Parcel "D" of an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State'of California for the County. of Riverside; bounded on the Northeast by a line parallel with and 12.00 feet southwesterly from a line shown as "North 54°19'31'' West 99.02 feet" in Parcel "J" of said Order of Possession; and bounded on the East by a curve in the easterIv line of Pala Road, concave easterly and having a radius of 220.92 feet as shown on a map bled in Book 54, Pages 89 and 90 of Records of Surveys in said Office of the Riverside County Recorder. RESERVING therefrom an easement for slope purposes over that portion included within Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 in said Office of Riverside County Recorder. ALSO, RESERVING therefrom an easement for slope purposes over that portion included within said Parcel "J" of said Order of Possession filed July 24, 1998. CONTAINING: 1.549 Gross Acres 0.644 Acres in Area "A" per Exhibit "B" 0.905 Acres in Area "B" per Exhibit "B" EXHIBIT "B" attached and by this reference made a part hereof. Rnd/LMalhe, P.L.S. 6 185 My license expires 3/31/02. It:,GRP60~pDATA 15100t]53~OPPICl~Wp~'INX531S1003.w~t I O0 0 ' SO 200 GRAPHIC SCALE iN FEET ,~ N10"14'O5"E /"' (R) /,,,-ClL STATE HIGHWAY 79 PER IRAC' NO. 20319 // -- 99.02' PER PCL."j" OF SUPER[OR COURT · CASE NO. 515426. 55 FOR ~55' \ F~IINDICATES PORTION \' OF ROAD EASEMENT \ PER STRIP 3 0 [NST NO 180581 . REC.'5/1~/90 ..' DATA TABLE ! N54°17"24"W -- 92.12' 2 57°45"22'' 220.92' 222.69' 3 N74"54"48"E -- 153.74' 4 62'48'46" 305.00' 334.37' 5 NOB"43'36"E -- 36.71' 6 06'56'52" !571.00' 190.50' TOTAL PARCEL= 1. 549 ACRES AREA <Z) =0. 644 ACRES AREA <~ =0. 905 ACRES EXHIBIT "B" PALA ROAD QU I TCLA I M REVISED 9/14/99 I MAY 24, 1999 PREPARED UN R THE HE, L.S. 6185 EXP IRES 5-51-02 SHEET 1 OF 1 SHEET Robert Bein, Willic~m Frost & Associates PROF'E~j~jIONAI_ E~I~S. PLA~ ~ ~Y~ SCALE I FIELD BOOK I JOB NO. SCALE: 1 ,= 100' 15100053-M3 EXHIBIT M-4 ADDITIONAL PALA ROAD RIGHT-OF-WAY F:~DEPTS~PLANNING~STAFFRP'l~73PA99 Development Agreement. doe 37 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" AuguSt 18, 1999 J.N. 15-100053-M4 Page 1 of 3 Legal Description Pala Road Right of Way Those certain parcels of land situated in the City of Temecula, County of Riverside, State of California, being those portions of the Temecula Rancho patented to Luis Vignes by patent recorded in Book 1, Page 37 of Patents in the Office of the County Recorder of San Diego County, California, described as follows: Parcel 1 BEGINNING at the most northwesterly corner of Parcel "B" as described in an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of California for the County of Riverside; thence along the southwesterly line of said Parcel "B", the westerly line of Parcel "A" of said Case No. 3 15426 and the northwesterly line of Parcel "F" of said Case No. 315426 through the following courses: South 54°17'24'' East 99.02 feet to a point on a non-tangent curve concave easterly and having a radius of 1055.00 feet, a radial line of said curve from said point bears North 72°43'51" East; thence along said curve southerly 160.85 feet through a central angle of 08°44'09"; thence non-tangent from said curve South 17°35'51" West 19.13 feet to the northerly line of Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in the Office of the County Recorder of said Riverside County; thence leaving said northwesterly line of Parcel "F", along said northerly line of Cupeno Lane South 70°10'19'' West 11.91 feet; thence North 16°31'19" East 19.28 feet to a point on a non-tangent curve concentric with said curve in the westerly line of said Parcel "A" and having a radius of 1067.00 feet, a radial line of said curve from said point bears North 63°59'32'' East; Legal Description August 18, 1999 Pala Road Right of Wav JN 15-100053.M4 Page 2 of 3 thence along said curve northerly 157.02 feet through a central angle of 08025'54" to a line parallel with and 12.00 feet southwesterly from said southwesterly line of Parcel "B"; thence non-tangent from said curve, along said parallel line North 54°17'24" West 113.61 feet to a point on a non-tangent curve in the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181. Pages 54 through 58 of Maps in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 03°17'13" East; thence along said curve and southerly line easterly 22.13 feet through a central angle of 00048'26" to the POINT OF BEGINNING. CONTAINING: 3370 square feet. more or less. Parcel 2 BEGINNING at the most northeasterly corner of Parcel "C" as described in an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of California for the County of Riverside; thence along the southeasterly line of said Parcel "C"and the easterly line of Parcel "A" of said Case No. 3 15426 through the following courses: South 34026'46.' West 71.98 feet to a point on a non-tangent curve concave easterly and having a radius of 945.00 feet, a radial line of said curve from said point bears North 71°01'17" East: thence along said curve southerly 438.79 feet through a central angle of 26°36'15.' to a point on a non-tangent curve in the easterly line of Pala Rd. ( 110.00 feet wide) as described in Strip 1 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 56021'27" East; thence leaving said easterly line of Parcel "A", along said curve and easterly line of Pala Road as described in Strip 1 northerly 58.75 feet through a central angle of 03°11'27" to a point on a non-tangent curve concentric with said curve in the easterly line of Parcel "A" and having a radius of 933.00 feet, a radial line of said curve from said point bears North 47055'37" East; thence along a line parallel and/or concentric with and 12.00 feet easterly from said easterly line of Parcel "A" and southeasterly line of Parcel "C" through the following courses: along said curve northerly 370.04 feet through a central angle of 22°43'28"; Legal Description Pala Road Right of Way August 18. 1999 JN 15-100053-M4 Page 3 of 3 thence non-tangent from said curve North 34026'46" East 76.29 feet to a point on a non-tangent curve in the southerly line of State Hig~hway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 06°40'45" West; thence leaving said parallel line, along said curve and southerly line westerly 15.86 feet through a central angle of 00°34'4Y to the POINT OF BEGINNING. CONTAINING: 5744 square feet, more or less. SUBJECT TO all covenants. rights. rights-of-way and easements of record. EXHIBIT "B" attached and by this reference made a pan hereof. J~y~ii~athe, PLS 6185 My License Expires 03/31/02 ~ b~,ND ~, N0.6185 HrGRY~O,PDATA~lS100053XOI~q~Wp%VIN~531/,1004.m~xt 100 0 ~30 200 300 PINYON 1 2166428.3493 il '~ _ _11~ 6498294.9778 GRAPHIC SCALE iN EE ......... ../ S72'58'01.46"E 310562.00 (GRID) ' ~ 2257398.5576 LAKE 6201355.2919 MATHEWS 79 GHWAY /,,,,_C/L STATE HI PER TRACT NO- 2031 ,~,~y ~ / PARCE~ 3370 "' PO8 PO8 1 t PLC. 2 N72'43' " /' "';71 '~01 ' 17"F I 55' \ \ \ DATA TABLE (~ BRNG/DELTA RADIUS 1 S54"17'24"E -- 2 08"44'09" 1055.00 3 S17"35'51"W -- 4 S70"10'19"W -- 5 N16"31'19"E -- 6 08'25'44" 1067.00 7 N54"17'24"W -- 8 00'48'26" 1571.00 9 S34'26'46"W -- t0 26'36'15" 945.00' 11 03'11'27" 1055.00' 12 22'43'28" 933.00' !3 N34'26'46"E -- 14 00'54'45" 1571.00' LENGTH 99.02' 160.85' 19.13' 11.91' 19.28' 157.02' 113.61' 22.13' 71.98' 438.79' 58.75' 370.04' 76.29' 15.86' EXHIBIT "B" PALA ROAD R I GHT OF WAY AUGUST 18, 1999 I . o c~ PREPARED UND THE SUPERVIS 0 F: ~HE. L.S. 6185 EXPIRES 3-31-02 <~> PALA ROAD PER STRIP 1. INST. NO. 180581,0.R. (5-16-90) <]S) CUPENO LANE PER STRIP 3,INST. NO. 180581,0.R. (5-16-90) SHEET 1 OF 1 SHEET Rnhp~ R~..~llf~m P~f k SCALE~I"=IO0' FIELD BOOK JOB N0. 15100053-M4 E / 0 n cr / ATTACHMENT NO. 2 DRAFT PC RESOLUTION NO. 99-,_ \\TEMEC_FS101\VOLl~)EPTS~LANNING~STAFFRPT~273PA99 2CC1 .doc 9 PC RESOLUTION NO. 99-._ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79-SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, to resolve potential litigation resulting from the City's acquisition of property through eminent domain, the City of Temecula and the property owner, Pala Rainbow, LLC have agreed to enter into a development agreement; and WHEREAS, in accordance with the procedure specified in City Resolution 91-52 and the Development Code, the City of Temecula has initiated said Development Agreement with Pala Rainbow, LLC; Planning Application No. PA99-0273, (hereinafter "Development Agreement"); and, WHEREAS, the Planning Commission and City Council of said City have each previously conducted public headngs on September 15, 1999 (Planning Commission), and October 19, 1999 (City Council) on this matter; and, WHEREAS, the City Council directed that last minute changes to the Agreement be returned to the Planning Commission for their review and recommendation; and WHEREAS, the Planning Commission held a noticed public hearing on November 3, 1999, on the issue of recommending approval or denial of the Development Agreement. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt the Ordinance approving the Development Agreement substantially in the form contained in Attachment "A" and attached hereto and incorporated herein by this reference, Section 2. That in recommending adoption by the City Council of an Ordinance approving the Development Agreement, the Planning Commission hereby makes the following findings: (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for commercial and office development and is consistent with the General Plan Land Use Designations of Highway Tourist Commercial and Office Professional; and, \\TEMEC_FS101 \VO L1 ~DEPTS~P LANN ING~STAFFR P'I'~273PA99 2CC 1 .doc 10 (b) The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, (c) The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the zoning district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, (d) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (e) The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, (f) Notice of the public headng before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public headng, and mailed or delivered at least ten (10) days pdor to the headng to the project applicant and to each agency expected to provide water, sewer, and police and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; and, (g) Notice of the public headng before the Planning Commission included the date, time, and place of the public headng, the identity of the headng body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (h) The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are the mutually agreeable resolution of eminent domain issues that could have otherwise resulted in litigation. Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Coundl for further proceedings in accordance with State law. \\TEMEC_FS101\VOL1~DEPTS%PLANNING~STAFFRPT~73PA99 2CC1 .doc 11 Section 4. PASSED, APPROVED AND ADOPTED this 3"~ day of November, 1999. Ron Guerdero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 3rd day of November, 1999 by the following vote of the Commission: AYES: 0 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary \\TEMEC_FSIOI\VOL1 ~:)EPTS~PLANNING~STAFFRPT~?.73PAit 2CC1 .doc 12 ATTACHMENT NO. 3 NOVEMBER 3, 1999 STAFF REPORT \~TEMEC_FS 101 \VO L1 ~DE PTS%P LANNING%STAFFR P'1'~.73PA99 2CC1 .doc 13 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 3, 1999 Development Agreement with Pala Rainbow LLC (Planning Application PA99-0273) RECOMMENDATION: Prepared By: David Hogan, Senior Planner The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT Resolution No. 99- recommending approval of Planning Application No. PA99-0273 based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval; ADOPT the Negative Declaration for Planning Application No. PA99-0273; APPLICATION INFORMATION APPLICANT: PROPOSAL: City of Temecula To make a recommendation to the City Council on the proposed modified Development Agreement between the City of Temecula and Pala Rainbow LLC LOCATION: South of State Highway 79 South, north of Temecula Creek along both sides of Pala Road EXISTING ZONING: SURROUNDING ZONING: Highway Tourist Commercial (HT) and Professional Office (PO) North: South: East: West: Very Low Density Residential (VL) Open Space-Conservation (OS-C) Professional Office (PO) Low Medium Density Residential (LM) PROPOSEDZONING: Not Applicable GENERAL PLAN DESIGNATIONS: Highway Tourist Commercial, Office Professional, and Open Space EXISTING LAND USE: Vacant SURROUNDINGLAND USES: North: South: East: West: F:~DEPTS~LANNING~STAFFRPT~273PAit 2PC1 .do~ Single Family Residences and vacant Temecula Creek channel Vacant Single Family Residences BACKGROUND The proposed Development Agreement will resolve litigation caused by the right-of-way acquisition for the new Pala Road bridge. The Development Agreement would allow the property owner to do the following: 1. Develop the property in a manner that conforms to the requirements of the existing Highway Tourist (HT) and Professional Offre (PO) Zones, except for the following: A. That one of the allowable general merchandise or retail uses could be larger than Development Code would otherwise allow for HT Zone; and, B. That no restaurants could be located in the PO Zone area west of Pala Road; 2. Adjust the required building setbacks in conformance with the existing Development Code; 3. Receive a partial site landscaping credit for open space areas adjacent to the Temecula Creek channel; 4. Pay the applicable Development Impact Fee at a rate that was in effect on January 1, 1999; 5. Receive a partial waiver of some required public improvement plan check fees; and 6. Receive a financial contribution from the City (not to exceed $100,000) toward the construction of extension of Jedediah Smith Road and related area drainage facilities. In exchange, the property owner agrees to allow the immediate construction of the new Pala Road bridge and associated improvements. The original Agreement conveyed no additional land use development rights not previously allowed or authorized under the City's adopted Development Code. After considering the proposed Agreement, the Planning Commission recommended approval of the Development Agreement at their September 15, 1999 meeting. However, immediately prior to the October 19, 1999 City Council meeting, the applicant requested that some additional clarifying language be included into the Agreement. Upon hearing the request, the City Council directed that the Agreement be returned to the Planning Commission for their review. The additional language would further clarify which type of uses would be considered as general merchandise/retail in this area and would allow one of these size-limited general merchandise/retail uses to exceed the maximum size stated in the Development Code. The proposed additions to Section 1.15 of the Development Agreement are as follows: "Under this Agreement, the following uses are classified as General merchandise/retail store uses: camera shops, clothing sales, computer sales and service, furniture sales, and hardware stores. In addition, this Agreement also permits one of these general merchandise/retail stores to be as large as 20°000 square feet." Staff believes that these additions are reasonable and that they will not result in a development pattern that is substantially different from other Highway Tourist (HT) Commercial areas. The first reason is that given this site's location, these additions will not hinder the implementation or goals of the General Plan. The Development Code already allows general merchandise/retail uses in the HT Zone. The proposed clarification provides a degree of certainty to the property owner, that certain uses will be considered as general merchandise/general retail businesses when future development is proposed. The flexibility in the size will facilitate the development of more than just F:%DEpTS~LANNING%STAFFRP'D273PA99 2PC1 .doc 2 service stations and fast food restaurants in the Highway Toudst Commercial area. Most of retail uses permitted in the HT Zone do not have similar size restrictions. Given the location of this area, staff believes that the requested modification is very minor, reasonable, and would not adversely impact the City or its adopted General Plan. Therefore, staff recommends that the Commission recommend approval of the Agreement, with the requested clarification, to the City Council. A copy of the modified Development Agreement in included in Exhibit A of Attachment No. 1. ENVIRONMENTAL DETERMINATION Staff prepared and circulated an Initial Environmental Study for the Development Agreement. The Study indicated that the proposed Development Agreement would have no environmental impacts that had not been previously addressed in the Final Environmental Impact Report for the General Plan and Development Code· The minor clarification does not change the nature of the project or the environmental impact discussion contained in the Initial Study. As a result, staff recommends that a Negative Declaration be adopted for this project. Attachments: 2. 3. 4. PC Resolution No. 99- - Blue Page 4 Draft Ordinance No. 99- - Blue Page 8 Draft Development Agreement- Blue Page 12 Initial Environmental Study- Blue Page 13 F:~DEPTS~PLANNING~STAFFRPT~.73PA99 2PC1 .doc 3 ATTACHMENT NO. 4 INITIAL STUDY \\TEMEC_FS101\VOL1~DEpTS~DLANNiNG%STAFFRpT~73PA99 2CC1 .doe 14 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsors Name and Address General Plan Designation Zoning Description of Project Surrounding Land Uses and Setting Other public agencies whose approval is required Environmental Checklist Development Agreement between Pala Rainbow LLC and the City of Temecula (PA99-0273) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Southeast comer of State Route 79-South and Pala Road in the City of Temecula Pala Rainbow LLC and the City of Temecula Highway Tourist Commercial and Open Space Highway Tourist Commercial (HT) and Open Space-Conservation (OSC) Approval of a Development Agreement between Pala Rainbow LLC and the City of Temecula to allow the property owner to do the following: 1. Develop the property in conformance with the requirements of the existing Highway Toudst Commercial zone; 2. Adjust the required building setbacks in cenformance with the existing Development Code; 3. Receive a partial site landscaping credit for open space areas adjacent to the Temecula Creek channel; 4. Pay the applicable Development Impact Fee at a rate that was in effect on January 1, 1999; 5. Receive a partial waiver of some required public improvement plan check fees; and 6. Get a financial contribution from the City (not to exceed $100,000) toward the construction of extension of Jedediah Smith Road and related area drainage facilities. In exchange, the property owner agrees to allow the immediate construction of the new Pala Road bddge and associated improvements. The Agreement conveys no additional land use development dghts not previously allowed or authorized under the City's adopted Development Code (zoning ordinance). North: Vacant land and single family residences on 2 '~ acre lots. East: Vacant land. South: Channel/open space areas associated with Temecula Creek West: Vacant land. None. R:\CEQA~273PA99 IES,docR:~EQA~273PA99 IES.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: ,/ I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE Pdnted name DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1 ) has been adequately analyzed in an eadier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the eadier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project cou!d nave a significant effect on the environment, because all potentially significant effects (a) have been anatyzed adequately in an eadier EIR or NEGATIVE DECLARATION pursuant to applicable standares, and (b) have been avoided or mitigated pursuant to that eadier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Date R:\CEQA~73PA99 iES.docR:~CEQA~73PA99 IEs.doc 2 1. Land Use and Planning. Would the project: ae Ce : kssues end Supporting Infon~ Sources. Physically divide an established community?. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including. but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? PdanUdy 2. POPULATION AND HOUSING. Would the project: be Ce luues and 8up"rdng Informalion Sources · Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially · Sighir.:ent · Impact · 3. GEOLOGY AND SOILS. Would the project? ae i) ii) iii) iv) : 'k ira end Sul~poffif~g Information Source. Expose people or structures to potential substantial adverse effects, including the dsk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pdolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? R:\CEQA%273PA99 IES.docR:\CEQA%273PA99 IES.doc Polentially Significant Impeat Polentidly · I ":' ' ...... : : S'~ni~cant Unlea$'. 'Le~:;: ::.:..E.:.: :.: Mitigation . Signlcanl:.: ;..::.NEE:: Incorporated Inkeel:: .i "Irapad ew Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial dsks to life or property? Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? HYDROLOGY AND WATER QUALITY. Would the project: bsuils and 8uppo~nO Infoff~allo~ Sources Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a Iowedng of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dver, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dver, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant dsk of loss, injury or death involving flooding. including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? Pdenlially S;gml':card Impsel Signi!ic~nt Unle~l LIII ~ Mitifation ~ignlrm~ml N~' i R:\CEQA~73PA99 IES.docR:~EQA',273PA99 IES.do¢ 4 de AIR QUALITY. Would the project: Ismms end Supporting Info, mabefi Source Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteda pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? PalentiillV pntentmllqt· 6. TRANSPORTATION/TRAFFIC. Would the project: ae Ce ee issues end Supporting !r~ommtjon Soureel Cause an increase in traffic which is substantial in relation to the existing traffic load and capadty of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capadty ratio on roads, or congestion at intersections? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety dsks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipmen. t)? Result in inadequate emergency access? Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks? Polentia~y Sign:ficant impoct Po4entmlly Significant Unless Lees.Then Mitieak~n S;Ftlr~ad ,f 7. BIOLOGICAL RESOURCES: Would the project: iuiNa end Suppoding In~rmahoa Soume a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in R:\CEQA%273PA99 IES.docR:%CEQA',273PA99 IES.doc 5 pole~tially S~gnd'ard Impoct Sigfdficnnt Unlett I~tigalio~ Incomoraled be Cm de ee local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any ripadan habitat or offer sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or offer means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or offer approved local, regional, or state habitat conservation plan? 8. MINERAL RESOURCES. Would the project: ae issues and 5uppotbnO IdofTnallon Sources Result in the loss of availability of a known mineral ~ resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or offer land use plan? Potentially Signifscsnl Impad HAZARDS AND HAZARDOUS MATERIALS. Would the project: Ismsee .and SuppodinQ Infotm:t:on Soume Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Crate a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Potentially Signi6csd Mitigation 61gallkant . , tru:omsatnd · impact linnasct pommasliy Sagl~csnt Unleew, Mitigation Incorporated R:\CEQA%273PA99 iES.docR:%CEQA%273PA99 IES.doc 6 de go ho Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it cream a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vidnity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant dsk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 10. NOISE. Would the project result in: ·: "luues end Supporting Information Soureel Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne viiiration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vidnity above levels existing without the prosect? A ~,t~stantial temporary or pedodic increase in ambient noise levels in the project vidnity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Signif. me Mitigation ligdr.:ed No Impact Inc~xporated Imlsect Impeel I ,f R:%CEQA~73pA99 iES,docR:\CEQA%273PA9g IES.doc 7 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: ae be ~ and Supporting Iotnnation Sources Would the project result in substantial adverse physicall impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? Fire protection? poteNiellV SigntcBnl Irapad Ce Police protection? d. Schools? e. Parks? fe Other public facilities? 12. UTIUTIES AND SERVICE SYSTEMS: Would the project: be Ce de fe I-,8ml and Supporting Intimation Sources Exceed wastewater treatment requirements of the t applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the cons~uction of new storm water drainage facilities or expansicn of existing facilities, the construction of which could cause significant environmental effects? Have suffident water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? Sinwmad lit~;etiOn Sinilicant Irapad h:en3omled tinpad R:\CEQA%273PA99 iES.docR:%CEQA%273PAg9 IES.doc 8 13. AESTHETICS. Would the project: ha end Suppoing InlonTtetion Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and histodc building within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? pomntidly s~nacam umee, 14. CULTURAL RESOURCES. Would the project: ae lanes find Suppodi~O Inlmmmlmn Soureel Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? ~15. RECREATION. Would the project: m.e and Su.~nm :.brm=~. so. tin Would the project increase the use of existxlg neighborhoed and regional parks or other recreational facilities such that substantial physical detedoretion of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational fadlities which might have an adverse physical effect on the environment? polar.oily Impace poleftlially Significant Siaaifi~n~ UnhN~ bax'l:mmted Sig~f'n:inl Unlmas I~co~ted bl~lThmn. R:M::;EQA%273PA99 IES.docR:%CEQA%273PA99 IES.doc 9 16. MANDATORY FINDINGS OF SIGNIFICANCE. be Isia~ 8rid SupDo~ing Irtxmal:on Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major pedods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially SIOntfeent Uetlees Lea Than · Signltanl MitigBtion Slgnllkanl No ImOe,'* !ncaqxxlled Iml~cl tmlxict Comments: The proposed Development Agreement will not approve or result in any land use or other physicel changes to the local environment Any future development proposals will need to conform with the approved General Plan and Development Code and will receive appropriate environmental review pdor to their approval. Because the agreement proposes to allow development that is consistent with the previously approved General Plan and Development Code and no detailed development plans have been submitted, new environmental impacts are identifiable. All future development plans will receive the appropriate environmental review when specific information is available. R:%CEQA%273PA99 IES.docR:%CEQA%273PA99 IES.doc 10 ITEM 15 APPROVAL.~/~ CITYATTORNEY FINANCE OFFICER CITYMANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance ~ November 9, 1999 1999-00 Community Service Funding Recommendations Program Committee PREPARED BY: Linda Norton, Administrative Secretary~ RECOMMENDATION: That the City Council review and approve the 1999-00 Community Service Funding Program requests per the attached table outlining the committee's recommendations of 32 organizations totaling $102,000. DISCUSSION: At the City Council meeting of August 24, 1999 the City Council appointed Councilmembers Jeff Comerchero and Jeff Stone to the 1999-00 Community Service Funding Program Ad Hoc Committee to allocate grant funds to non-profit organizations that provide community services to the citizens of Temecula. Community Service Funding Program applications were mailed to 90 non-profit organizations in the Temecula Valley area on August 2, 1999. In addition to the mailing, advertisements were placed in the local papers. A total of 51 applications requesting $288,105 were received. On October 14, 1999 the Committee, along with staff members reviewed the requests for funding based on criteria previously adopted by the entire council. After review and discussion, 32 of the 51 organizations are being recommended for grants, totaling $102,000. FISCAL IMPACT: $102,000. There are sufficient funds in account number 001-101-999-5267 for the Attachment: Community Service Funding Program Committee Recommendation Program Criteria F: {DeptstRNANCEtNOR TONL {AGENDASt9900CSFAgn.doc 10/29/99 L= ...... Org&n..~.et io. 1999-2000 Community. ,~-rvice Fundin. g Program Applieations -as of 10/14./99 1998-99 1909-00 Prodman Grant Request I Alternatives to Domestic Violence 2 American Legion, Post 852 3 Assistance League of Temecula Valley 4 Boys & Girls Club of Temecula 5 Chaparral High School Y2K Grad Nite Committee 6 Christian Youth Theater of Temecula Valley 7 Citizen's Scholarship Foundation of TemValley 8 Citizen's Scholarship Foundation of Tem Valley 9 Cub Scout Pack 148 10 Cub Scout Pack 338 I I Ensuring Futures Today 12 Escondido Community Clinic 13 Family Service Association of West. Riv County 14 Fine Arts Network (FAN) 15 Applause Children's Theater* 16 Artists in Residence* 17 Inland Valley Youth Symphony* 18 Musician's Workshop* 19 Gentle Spirit Ranch 20 Habitat for Humanity Inland Valley 21 Inhnd Valley Filipino American Association 22 Kiwanis Club of Temecula/Murrieta 25 Music Heritage, Inc. 24 Rancho Music Association 25 Rancho-Temecula Area Woman's Club 26 Riverside Area Rape Crisis Center 27 Set Free Christian Fellowship of Temecula 28 Southwest Child Care Council 29 Sr Citizen Service Center of Temecula, Inc. 30 Summerwind Sweet Axlelines Chorus 31 T.E.A.M. - Community Pantry 32 Temecula Swim Club 33 Temecula Valley Art League 34 Temecula Valley Computer User Group Outreach Children's Progam $ 5,000 $ 5,000 Oratorical Competition Program $ 2,000 $ 5,000 Truck maintenance, repair &insurance $ 5,000 $ 5,000 Learning Connection (before & after school program) $ 22,400 $ 22,400 CHS Y2K Grad Nite $ $ 5,000 Local Office Computer &Lighting Equipment $ 2,500 $ 5,000 Scholarships for Chaparral High School $ $ 5,000 Scholarships for Temecula Valley High School $ 5,000 $ 5,000 Copier, loudspeaker, track, car kits, camping equip, activities $ $ 4, 100 Scholarships, library, camping gear, uniform supplement $ $ 5,000 EFT Marketing Program $ $ 25,000 Temecula Family Health Center/Children's Health Care $ 5,000 $ 5,000 Valley Family Support Senrlce (counseling/support services)* $ 15,000 $ 5,000 Grant Writing Project (stipend) $ 1,000 $ 2,400 Children's Theater Outreach $ $ 4,894 Children's Educational Concert Series $ $ 2,300 Youth Symphony Founding Year $ $ 5,000 Scholarship Program $ $ 5,000 Parenting Teens w/Love &Logic Classes $ $ 5,000 Housing Project - City of Temecula $ 2,000 $ 5,000 Funding for expenses at community cultural events $ $ 2,500 Various Projects (see page 4) $ 5,000 $ 5,000 Youth Strings Competition $ $ 5,000 Temeculi-Temecula Y2K $ 3,000 $ 5,000 15th Annual Holiday Home Tour $ 5,000 $ 5,000 Direct Service to Rape Victims/Rape Awareness $ 2,000 $ 5,000 General Assistance $ $ 5,000 United Way Scholarship Program (pay child care costs) $ $ 5,000 Emergency Food & Handling $ 22,480 $ 5,000 Summerwlnd Sweet Arelines $ $ 1,000 Community Pantry $ $ 5,000 Equipment, Pool Rental, USS Meet Support $ 2,000 $ 18,698 Scholarships &Awards $ $ 5,000 I'V'CUG Community Training $ $ 9, 143 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5,000 2,000 5,000 5,000 4,500 5,000 5,000 5,000 1,000 1,000 5,000 5,000 2,000 1,000 5,000 1,000 3,000 5,000 2,000 $ 5,000 $ $ $ $ 1,000 $ 500 Grant for 5 FAN-rehted organizafons. Competition expenses, not awards. City of Temecula 43200 Business Park Drive · Temecula, CA 92590 · Mailing Address: P.O, BOX 9033 · Temecul8, CA 92589-9033 (909) 694-6444 · Fax (909) 694-I 999 CITY OF TEMECULA 1999-00 Community Service Funding Program Policy The City of Temecula, in its Fiscal Year 1999-00 budget, has allocated funds for community service programs within the City of Temecula. Purpose The purpose of this policy is to establish processing and evaluation criteria for funding requests received from community-based organizations which provide community service programs to Temecula residents throughout this fiscal year. General Policy 'The City receives requests throughout the year for financial assistance from various organizations that provide a variety of services within the community. It is the City's policy to channel all requests through an annual review, thereby ensuring that all requests are evaluated equitably and consistently; to enter into agreements for specific measurable services; and, to ensure that recipients am held accountable for providing the agreed upon services within the specified time flame. Fundin.e Philosophy Requests for funding received from organizations will be considered during a specified period. Due to limited resources, not all requests can be funded. It is not the City's intention to fund each request received; but rather, to evaluate each proposal and provide funding to those organizations which most effectively serve the needs and improve the well-being of the residents of Temecula. The City will give special consideration to proposals which replace or enhance services the City is responsible for providing. The City also puts a higher priority on projects which have a broad community appeal. The City Council encourages a goal of self-sufficiency for all local organizations. The City Council supports providing grants to organizations that have demonstrated their effectiveness in raising funds and volunteer services for their programs within the community. The Council discourages an over-reliance on City financial assistance to maintain such programs on an on-going basis. Therefore, all organizations requesting funds from the City should continue efforts to develop stable private funding sources. Printed on Rec~cl~ r~IVORTONL ICSF39900t9900CSFAppl. doc 07/29/99 Page 2 Community Services Funding Program Policy (Continued) Eli.eibilitv To be eligible for funding, organizations: ). Must be tax exempt; ). Must be nonprofit; ~. Cannot include salaries as part of their funding request; ). Cannot include debts as part of their funding request; ~. Eligible individuals must be Temecula residents. Guidelines The program or service should benefit the general community of Temecula residents. The maximum allowable funding award is $5,000. Coml31iance A written report should be presented to the City thirty (30) days after the completion of the project. In the case of an extended project, interim reports may be required. Proper documentation to substantiate the funds received by the City should be provided, as soon as they are expended prior to June 30, 2000. If the funds are not expended in accordance with the approved purpose, the organization will be required to refund the amount of funds. Failure to provide proper documentation may jeopardize any future funding. Timelines There may be up to 2 Cycles for funding requests per fiscal year. CYCLE I TIMELINES Monday, Auclust 2, 1999 - Applications will be available at City Hall. Thursday. Sel3tember 30, 1999 - Deadline for submitting application. November 1999 -Award recipients will be announced. 07/29/99 R: |NOR TONL ~ CSr"t9900t9900CSFAppl. doc ' Community Services Funding Program Policy (Continued) Page 3 Criteria In making funding determinations, the City's Community Service Funding Adhoc Committee will consider the following criteria: A. Is the organization currently non-profit? B. Does the organization provide a service to the overall community? C. Is the size and make-up of the organization equipped to provide the program/service to the overall community? D. What is the public reaction to the group? E. Does the organization have a high quality level of fiscal management? F. Is the group well organized to insure longevity in the City of Temecula? G. Is there evidence of satisfactory service provided to the City's citizens? H. Is the organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? I. Does the organization require attendance or participation in any political, religious or social activity? J. Can the organization provide financial statements (prepared using an appropriate method of accounting) to demonstrate sound financial management? K. Can the organization provide a budget for the fiscal year of request demonstrating cost-effectiveness? L. Does the organization make its services available to all? M. Does the organization possess ongoing program evaluation tools? R:tNORTONL ICSF"19900t9900CSFAppl. doc , 07/29/99 Community Services Funding Program Policy (Continued) Directions: A. Detach the application from the policy. B. Page 4 Complete the application, filling in all of the blanks. Secure any attachments with staples. D. Mail to: City of Temecula Community Service Funding Linda Norton P.O. Box 9033 Temecula, CA 92589-9033 Do not attach more than is requested. Submit the original, plus 5 copies of the application (6 total) to: Deliver to: City of Temecula Community Service Funding Linda Norton 43200 Business Park Drive Temecula, CA 92590 F: tDeptsIFINANCEINOR TONL I CSFI990019900CSFAppl. doc 09/29/99 ITEM 16 TO: FROM: DATE: SUBJECT: CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Susan W. Jones ~,ity Clerk/Director of Support Services November 9, 1999 Old Town Redevelopmerit Advisory Committee Appointment PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint two applicants to serve on the Old Town Redevelopment Advisory Committee, each a four-year term to expire September 26, 2003. BACKGROUND: The terms of Committee Members Jenkins, Wedeking, and Testasecca expired on September 26, 1999. Additionally, there have been two vacant positions due to the resignation of Randy Holland in May of 1999 and Angela Salvatore in July of 1999, which we have been unable to fill. Therefore, five positions are currently available, all of which are full four-year terms. With the most recent advertising we received applications from Chas Jenkins, Vance Wedeking and Arthur Yorke. After submitting an application, Vance Wedeking has since submitted a resignation. Of these five positions we have two applicants available to fill two of the five positions. The applications were forwarded to the subcommittee comprised of Councilmember Lindemans and Councilmember Comerchero for review and recommendation. Both Councilmember Lindemans and Councilmember Comerchero recommend the appointment of Arthur Yorke and the re-appointment of Committee Member Jenkins to serve full four-year terms, expiring September 26, 2003. Attached are copies of the applications that were received by the filing deadline of August 27, 1999. We are continuing to advertise in an attempt to fill the remaining three vacant positions. ATTACHMENT: Two (2) copies of Applications for Appointment Agenda Reports~Appointment Old Town Advisory RE CEfVED AUG CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO THE OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE QualificatiOn Requirement: Resident of the City of Temecula .old'.':To~vn A~ea'~:~. · Owner/Operator of a Business within the Old Town Redevelopment Sub Are~ :2. · .': :. 'i~:. i: :. 1999 NAME: ADDRESS: 30'3 8~'7 ~C~T'E ._(->~1 ,'v HOME PHONE: i OCCUPATION: EMPLOYER NAME: EMPLOYER ADDRESS: YEARS RESIDENT OF TEMECULA WORK PHONE: EDUCATIONAL BACKGROUND/DEGREES: oF /_./~'e Z'E-X // LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ./' ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): · tg[~._/qf ,).TO~ MUA41q,~,iF'y///VzigAJI) VRLL~X(t~'eF~RP/v?~mi'~EI~' BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMITTEE, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): ~- L~ E L i ~ V E '}" M ,q F -~ H E' /'~ E P zE U E L- ° P /v21E A/ T oF c~ ~- P - T'~ uu N 'F'm /; 'r'/-" z FFIqd/dC/NDo-.( T'X', y .~" ,6 i~'2.. ; IE V Z.7 7 f B ~-' E 7' /.ff ~ ~ C O ,',.n (' H f ~ I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE:,/~~----~ ~''f ~/z2j2Z_' DATE:" g ' } c/' - ~' Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 OR Commissions~Application for Old Town Advisory Comm CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO THE OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE QualificatiOn Requirement: Resident of the City of Temecula' 01d:.':Trown Area 0~':!· · Owner/Operator of a Business within the Old Town Redevelopment SUb:Area:2. ::'.': NAME: ~-- 'l"~'% ~f,,-kS(~ ~(~55 YEARS RESIDENT OF TEMECULA ADDRESS: C//~)~,'7L-~2/ /'/~'//tJ ~-7"' /:5D/~F f~ HOME PHONE: WORK PHONE: OCCUPATION: EMPLOYER NAME: ~ '~ t-" EMPLOYERADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMITTEE, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. u t ity ic Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Application for Old Town Advisory Comm ITEM 17 APPROVAL CiTY ATTORNEY ~ D~RECTOR OF RNANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council USan W. Jones ity Clerk/Director of Support Services November 9, 1999 SUBJECT: Public/Traffic Safety Commission Appointment PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint two applicants to serve on the Public/Traffic Safety Commission each a three-year term to expire October 10, 2002. BACKGROUND: The terms of Commissioner Coe and Commissioner Markham expired on October 10, 1999. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in two different local publications. When the deadline was reached for receiving applications, the applications were forwarded to the subcommittee comprised of Mayor Ford and Councilmember Roberts for review and recommendation. Both Mayor Ford and Councilmember Roberts recommend the appointment of Mark Katan and the reappointment of Commissioner Coe, both to serve full three-year terms, expiring October 10, 2002. Attached are copies of the applications that were received by the filing deadline of August 27, 1999. ATTACHMENTS: Eight (8) Copies of Applications for Appointment R:~agenda,rpt\appoint.lrb 1 CITY OF TEMECULA 08-27-~).9P12:43 RCVD APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula. II Check one: __ Planning Commission __ Community Services Commission Z/"~PubliclTraffic Safety Commission ADDRESS: HOME PHONE: OCCUPATION: EMPLOYER NAME: EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6~.~.~. Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 DATE: "-S::///2 7/~2~;~ OR Commissions~Application for various Commissions Qualification Statement for application to Temecula Public/Traffic Safety Commission for Charles Coe I stated 5 years ago that I wanted to be a part of a group that could make a difference in the quality of life in my community. Not only has my commission made a difference but so have I. Early on in my service several of my neighbors, whose houses front Rainbow Canyon Road, came to me with concerns about the many large and noisy trucks constantly passing by their homes. I was instrumental in the Traffic Commission bringing a recommendation before the council to establish a weight restriction on Rainbow Canyon Road. For several years I have been pushing to have the aforementioned Rainbow Canyon Road resurfaced from the golf course to the city limits. It is unsightly and potentially dangerous with portions of the pavement fragmenting. I have proudly worked with the commission to bring common sense and clarity to some of the most "thorny" traffic issues in Temecula, such as the closing of Kaweah, the speed undulations and their effects on Pina Colada residents, the issue of stop signs in Starlight Ridge, Via Cordova and other locations, and the closing of the median on Rancho California Road in front of Target and Claim Jumper. Those above and many other traffic issues relating to Temecula's recent multi-million dollar commitment to improving circulation and mitigate potential problems with the opening of the mall are all issues I have personally studied and have a first hand perspective on. I, sincerely, would appreciate being re-appointed to the Public/Traffic Safety Commission. My knowledge of the issues and my commitment to my city speaks for itself. Respectfully, Charles A. Coe RCVD CITY OF TEMECULA 08-27-9 9P03:5 1' APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula. Check one: __ Planning Commission __ Community Services Commission "/Public/Traffic Safety Commission NAME: ~:L.~t'~f::tL_l::~ ~'. C::::>~;~t,~.~C-c:>LLYEARS RESIDENT HOME PHONE:{,~~~ - t'~ WORK PHONE: (q~ OCCUPATION: ~ t ~ ( ~ ~~ ~ ( ~ ~ ~ P, ~, EMPLOYER ADDRESS: tqqq ~,:,,. ~,.'>-,-'r~ F-,T. t ~L~r,,,, c_~, ~t'l~ EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMI~EE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): B~EFLY STATE WHY YOU WISH TO SER~ ON THIS COMMISSION, AND WHY YOU BEUE~ YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC {Use additional paper ff necessa~): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: ~:~ c----r-,, ,--~ ~ ~:~k.~ k \ Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 OR Commissions%Application for various Commissions BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIfIED FOR THE POSITION. BE SPECIFIC. I have lived in the City of Temecula for the past three years and first moved to this valley fourteen years ago. I have seen a tremendous mount of growth, which will undoubtedly continue over the next several years. I have been watching the Temecula City Council make responsible decisions concerning the growth and I wish to play a part in that decision making process. I am a Police Officer with the Upland Police Department. I am currently assigned to the Problem Oriented Policing Team. The purpose of this team is to seek out long term solutions for problems within the city. I am knowledgeable regarding traffic and safety related issues, which is coupled with ten years of law enforcement experience. RESUME Ronald Francis Driscoll Confidential Ronald Francis Driscoil 30321 Sierra Madre Drive, Temeeula, Ca 92591 Home # (909) 695-1386 Work # (909) 946-3753 OBJECTIVE To be appointed as a member of the Publie/Traffic Safety Commission with the City Of Temecula. WORK EXPERIENCE ~Jan 99 to Present POLICE OFFICER: UPLAND POLICE DEPARTMENT, PROBLEM OR1E~NTED POLICING TEAM - The Problem Oriented Policing Team utilizes traditional and non-traditional methods in seeking long term solutions to a variety of problems. As a P.O.P. Team member, I am responsible for intelligence gathering, analysis of crime data and maintaining a close working relationship with the public, business owners and city government. I am a member of the City of Upland's Administrative Committee responsible for reviewing public safety issues regarding new and existing projects within the city. I am also acting supervisor for both the P.O.P. Team and Code Enforcement in the absence of the Special Services Division Commander. The following are some of the projects that I have implemented during my tenure with the P.O.P. Team. s Introduced the Crime Free Multi-Housing Program to new complexes. · Authored the A.C.T. Program (Accountability for Chronic Truants). · Good Neighbor Program (Circle K Stores). · AB.C. Decoy Program. · Authored the F.R.E.P.S. Program (Fee Recovery for Extended Police Services). Mar 98 to Oct 98 TRAFfiC VIOLATOR'S SCHOOL INSTRUCTOR: BEST ~FFIC SCHOOL/MURRII~TA, CA - I instructed students in the concepts of safe driving with the use of state mandated text, the California Vehicle Code and visual aids. Oct 92 to Jan 99 POLICE OFFICER: UPLAND POLICE DEPARTMENT, PATROL DIVISION - I was assigned to the Patrol Division as a Patrol Officer working with a variety of socioeconomic communities. I was a proactive officer and applied the concepts of Community Oriented Policing and Problem Solving to my work. I was consistently rated by my supervisors as exceeding in areas of performance and quality of work. I established a good rapport with supervisors, peers and the public. Aug 91 to Oct 92 RESERVE DEPUTY SHERIff: RIVERSIDE COUNTY SHERIFF'S DEPARTMENT - Assigned to the Patrol Division of the Hemet Sheriff' s Station. I volunteered countless hours to the communities ofHemet, Anza, Homeland, Romoland, Nuevo and Idyllwild in providing police services. May 89 to Oct 92 CORRECTIONAL OFFICER: RIVERSIDE COUNTY SHERIFF'S DEPARTMENT - Assigned to the Robert Presley Detention Center in the City of Riverside. I was assigned as a Training Officer, to Floor Operations and the Classification Unit. Nov86 to May 89 EXPLORER SCOUT: RIVERSIDE COUNTY S!~ERIFF'S DEPARTMENT Assigned to the Lake Elsinore Sheriff's Station. I volunteered countless hours to the department while being introduced to the field of law enforcement. I advanced to the rank of Sergeant in the post. FORMAL EDUCATION I have completed 30 units of college work through Riverside Community College and San Bernardino Valley College. I am currently attending Mt. San Jacinto College and anticipate graduating in spring 2001 with an Associate of Science degree in Administration of Justice. Sept. 1998 RECENT CLASSES/SEMENARS San Bernardino County Sheriff' s Department - Advanced Driver Training Update. Oct. 1998 San Bernardino County, Department of Public Health - Smoke Free Work Place Seminar. Sacramento Regional Criminal Justice Training Center - Introduction to Community Oriented Policing and Problem Solving. Feb. 1999 Department of Housing and Urban Development - Community Policing Seminar. Mar. 1999 Riverside Police Department - Crime Free Multi-Housing Program (Train the Trainer). MEMBERSHIPS/SPECIAL INTERESTS PRESENT PRESENT PRESENT PRESENT Member: Temecula Unified School District, P.T.A. Member: F.A.C.T.S. (Family's with Autistic Children Together Succeed). Board Member: Upland Police Officer's Association. Advisor: Upland Police Explorer Post. CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION 2 a Qualification Requirement: Resident of the City of Temecula. Check one: __ Planning Commission __ Community Services Commission .X Public/Traffic Safety Commission NAME: Z2/j2~//:-_~A,-~ /z/~/?z2,,e%,ff.// YEARS RESIDENT OF TEMECU~ ADDRESS: ~C~ ,~ 2 ~ g/~ ~/~~ HOME PHONE: 3~ Z ~ ~~' OCCUPATION: Z,/:,, EMPLOYER NAME: EMPLOYER ADDRESS: WORK PHONE: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 DATE: ~ ~>' V'~ ',~V ~Z OR Commissions~Application for various Commissions II Check one: CITY OF TEMECULA 08-23-9 9P0 ] :32 APPLICATION FOR APPOINTMENT TO COMMISSION RCVD Qualification Requirement: Resident of the City of Temecula. ~ Planning Commission __ Community Services Commission 2< Public/Traffic Safety Commission NAME: R 4 >/rn o 4 ~ D, ADDRESS: 3 O 7 ~ if/ OCCUPATION: R'~T/~'D EMPLOYER NAME: " EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: YEARS RESIDENT OF TEM ECULA jcfl-o nf / ? oc ~ T,e R l~ tq o~ e- off, WORK PHONE: Z;'LL~'d--Tfl. O AD i 6S' ,i- .5'C-H~O L -oF- ht /q /'6 b KtO<9 LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): 3Tt~I[--I.--16-HT RID t~6 F'A,o,4'z J o ld 8 BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: · :v~Off .,~,,--- . -a,.. DATE: a°-~/- ~ ~ Return to: City Clerk' ice, 4320 ~ hess Park Drive (909) 694~4 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Application for various Commissions m,4 ,~ / , RC'JD ~..~,,C/-._~ g-:~V-7~/ CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula. Check one: Planning Commission __ Community Services Commission Public/Traffic Safety Commission NAME: qPt~AKt< ~z'l, tqrrAkl ADDRESS: HOME PHONE: OCCUPATION: EMPLOYER NAME: EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: YEARS RESIDENT OF TEMECULA LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: , /~ ,, DATE: Return to: Cit k's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions%Application for various Commissions Robert Mark Katan 30054 Corte Cantera Temecula, California 92591 Home phone: 909-699-9305 Emai!: markkatan@aol.com WORK EXPERIENCE Dec. 1988- Dec. 1998 Jul. 1986- Dec. 1988 TARGET STORES Store Team Leader - Temecula, CA · Managed daily operations of a $36-million discount department store, with an executive staffof nine. · Produced double-digit sales increases 8 of last 10 years. · Most profitable store in the region 3 years in a row. · Developed and promoted 33 executives, 6 to store team leader. · Received company recognition for developing million dollar micro- marketing additions to the total chain. · Assisted region and district as college recruiter and field trainer. · Region sales team representative 4 years. · Region guest service task force representative 2 years. · Region department 06 (T-shirts) coordinator 3 years. · Opened new store in Temecula, exceeded first year sales plan by $12-million and profit plan by $4.4-million. · Awarded community service award for "leading the way" in community involvement in Southern California Targets. · Chamber of Commerce "Citizen of the Year" nominee. Store Team Leader- Lancaster, CA · First store in region to achieve "A" in first year of operation. · Highest volume store in region 1988 ($34-million), "AA" status, number 22 in total company. · Most profitable store in region 1988. · Opened new store, hired and developed staffof200 with only 7 experienced Target employees. · Recruited and/or promoted 15 people to executive in 1 year. Dec. 1982- Jul. 1986 Merchandise / Operations Mgr. - San Diego, CA · Worked as part of a team to open the first Target Stores in California. Started as a department manager, was promoted to receiving manager after 9 months and then quickly promoted through the assistant manager positions. · Responsible for merchandise presentation, payroll management, expense control, staffing, and training of the hourly team, in the highest volume store in California. Mar. 1977- Dec. 1982 F. W. WOOLWORTH COMPANY Associate General Manager- San Diego, CA · Assisted the general manager in operating a two-story $4-million store. · Implemented a souvenir T-shirt program for entire district. Jul. 1972- Mar. 1977 Assistant Manager- San Diego, CA Completed the 3-year assistant manager training program. Opened the E1 Cajon store as a stock boy in 1972 and was promoted to the assistant manager training program in 1974. ACTIVITIES EDUCATION Temecula Sister Cities Association, Board of Directors Temecula Valley People Helping People, member of board. A.A. Marketing Mid-Management, 1975 Grossmont College REFERENCES Available on Request ij Check one: 08-19-9 9PO~ :0~/ CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula. Planning Commission ~ Community Services Commission x Public/Traffic Safety Commission NAME: SCOTT J. LACIER ADDRESS: 31374 CORTE TkLVEI~, HOME PHONE: (909) 693-9976 OCCUPATION: FEDE1L4~ F. xPKESS EMPLOYER NAME: 1~3)~3J~ F.X"PKESS YEARS RESIDENT OF TEMECULA · ID~, CA 92592 WORK PHONE: (909) 693-9483 OPERATIONS NANAGER - T~HECULA STATION EMPLOYER ADDRESS: 27260 JF. FF!~,SON AVE., T]~:CEL~, C~ EDUCATIONAL BACKGROUND/DEGREES: BACEELOR OF 92590 SCIENCE - UNIVERSITY OF CALIFORNIA - RIVERSIDE - 1978 10 RCVD LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): LIFETH4E 14E~BER OF UCR ALUI~NI ASSOCIATION VILLAGE GROVE II - ACC COI~qlTTEE BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): PI.EASE SEE ATTACHEl}, I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: ~/'/ DATE: q'i Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Application for various Commissions Date: August 20, 1999 To: Mayor Steven Ford From: Scott Lanier cc: Temecula City Council SUBJECT: APPLICATION FOR PUBLIC/TRAFFIC SAFETY COMMISSION Dear Mayor Ford and Temecula City Councilmembers; Please accept the attached paperwork as my interest in applying for a position on the Public/Traffic Safety Commission2 I feel if given the chance, I could be a positive pan of this commission. I have lived and worked in Temecula for ten years. I am familiar with virtually every neighborhood, street and roadway in town. I was born and raised in Riverside, Ca., so I have an idea of how the Inland Empire has handled the growth and have a working knowledge of this region' s roads and highways. I appreciate your time in reviewing this application. I feel my experience and enthusiasm would be a plus on this committee. Please contact me if you have any questions. Regards, Scott Lanier Briefly state why you wish to serve on this commission, and why you believe you are qualified for this position. Be specific. I want to serve on this commission because it gives me a chance to have a positive effect on the City of Temecula and it's residents. This commission has a good track record and I believe my experience will only add to this commission' s success. I have lived and worked in Temecula for 10 years. I have seen the city grow and am familiar with every neighborhood, street and roadway. I also have the opportunity to drive in the surrounding cities and see what they have or haven't done to better their traffic flow. These cities include Murrieta, Pen'is, Lake Elsinore and Fallbrook. My professional life has also given me the opportunity to develop skills in handling the public, whether it is a presentation or resolving customer complaints. I have conducted my work~s monthly safety meetings for the last four years, as well as made presentations to upper management. SCOTT LANIER 31374 CORTE TALVERA TEMECULA, CA. 92592 (909) 693-9976 EDUCATION June 1978 June 1975 B.A. Social Relations A.A. General Education U.C. Riverside Riverside Community College Employment Experience May 1997 - Present Operations Manager - FEDEX - Temecula, Ca. Responsible for workgroup of 20 couriers/customer service agents. Currently involved with the scheduling and training of existing employees. Also the hiring and training of new employees which includes, but not limited to FEDEX computer systems, customer service techniques and defensive driving. Have kept current station in compliance with all FEDEX policies regarding financial audit items, as well as all state and federal laws. Have been the safety manager for the Temecula station the last two years. April 1986- May 1997 Courier - FEDEX - Temecula, Ca. Responsible for the timely delivery and pick-up of critical overnight packages. Developed extensive area knowledge of local and regional streets, roads and highways. Earned nine safe driving awards and was Temecula station' s safety representative. SPECIAL INTERESTS - fresh water fishing, bicycling and baseball. REFERENCES PROVIDED LIPON REQUEST Check one: CITY OF TEMECULA 0 8 - 2 3 - 9 9 F> '12: 4 6 R C V D APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula. Planning Commission Community Services Commission Xxx Public/Traffic Safety Commission NAME: VINC~:N~' ~':o O'N~AL ADDRESS: 43325 CORTE ~ARBASTE, HOME PHONE:(909) 302-0154 OCCUPATION: FIRE CAPTAIN YEARS RESIDENT OF TEMECULA2'5 TEMECULA, CA. 92592 WORK PHONE:(760) 7~2-3559 EMPLOYER NAME: CALIFORNIA DEPARTMENT EMPLOYER ADDRESS: 32363 HIGHWAY EDUCATIONAL BACKGROUND/DEGREES: SAN JOSE STATE 1983-1986, C~AFTON HILLS COLLEGE 1993-1995 OF FORESTRY & FIRE PROTECTION 79, WARNER'SPRINGS,CA. 92086 MERCED COMMUNITY COLLEGE 1981-1983, LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: NONE ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): CDF FIREFIGhTERS, REGION 6 ALTERNATE DIRECTOR BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I have 19 years experience in the fire service; for seven years I was assigned to Moreno Valley and witnessed the growth of the city, needs of .the public safety departments, and traffic problems.The city of Temecula is growing in a similar fashion. In 1998, I served as member of CDF San Diego Safety &Training Committees. I feel my experience could help Temecul I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE: DATE:~UGUST 21,1999 Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Application for various Commissions II Check one: CITY OF TEMECULA 08 - 0 APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula. ~ Planning Commission ~ Community Services Commission xx Public/Traffic Safety Commission ADDRESS: HOME PHONE: OCCUPATION: NAME: Larry R. Markham 41750 Winchester Road, (909) 694-8536 Development Consultant EMPLOYER NAME: Markham & Associates EMPLOYER ADDRESS: 41750 Winchester Road, Suite N EDUCATIONAL BACKGROUND/DEGREES: See Attached YEARS RESIDENT OF TEMECULA Suite N Temecula, CA 92590-4898 WORK PHONE: (909) 676-6672 Temecula, CA 92590-4898 LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: See Attached ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): See Attached BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): See Attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. / / DATE: SIGNATURE: ~'I- · ? ,i Return to: CityClerk°s Office, 43200 Business Park Drive (909) 694~.~.~- O__R Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Application for various Commissions MARKHAM & ASSOCIATES Development Consultants I.,~l~Y~~ PRINCIPP, L EDUCATION: LICENSE: Master of Science Civil Engineering Virginia Polytechnic Institute Bachelor of Science Civil Engineering Virginia Polytechnic Institute Civil Engineer, California 1979 PROFESSIONAL ORGANIZATIONS: See Attached Mr. Markham's broad background in civil engineering, land planning, environmental planning, development management and governmental relations since 1970 provides a rich resource to the diverse clientele of Markham and Associates in obtaining project entitlements. The investment of public service to the communities of Riverside County allows for a level of insight into the various approval processes unsurpassed in the local development and building industry. MARKHAM & ASSOCIATES PRINCIPAL - 1981 TO PRESENT Responsible for the planning, approval and implementation of over 900 projects during the past 16 years, ranging from minor additions to full scale master planned communities. ALBERT C. MARTIN & ASSOCIATES CIVIL PROJECT ENGINEER - 1978 TO 1981 Responsibilities include supervision of site plans for a variety of residential and commercial developments. Coordinates design of drainage, grading, road alignments, horizontal and vertical controls and utilites. Coordination efforts encompass liaison with government agencies and estimation of budget and time frameworks. 41750 Winchester Road, Suite N · Temecula, California 92590-4898 · (909) 676-6672 · FAX (909) 699-1848 P~G~ 2 LOCKHEED-CALIFORNIA COMPANY CONSTRUCTION ENGINEER - 1977 TO 1978 STRUCTURAL ENGINEER - 1976 TO 1977 Responsible for construction activity in a 4.6 million square foot manufacturing and office area, including contracting, coordination scheduling, budget compliance, inspection and variance negotiations. Projects include a variety of manufacturing and office facilities. Developed and programmed computer programs for optimum design and analysis of composite material and metallic structures. WOLFE & FORMAN ENGINEERS, INC. ENGINEER IN TRAINING - 1970 TO 1973 Construction responsibilities included surveying, field supervision and liaison during initial and final phases of site work. Engineering duties included structural design, detailing and drafting. Participated in numerous material handling and material preparation facilities during both design and construction. MARKHAM & ASSOCIATES LARRY ~o MhRKllhM DevelopmentConsultants ORGANIZATIONS (Past and Present) -The Valley Group -The Murrieta Temecula Group, Past President/Secretary -American Society of Civil Engineers -American Planning Association -Urban Land Institute -Friends of Murrieta Schools -Friends of French Valley Airport, President -Temecula Valley Chamber of Commerce, Past Board Member -Murrieta Valley Chamber of Commerce -Wildomar Valley Chamber of Commerce -Temecula Town Association, Board Member -Temecula Mainstreet Association -International Conference of Building Officials -Building Industry Association -Audubon Society -Nature Conservancy -Rancho California Business Center Architectural Control Committee -Temecula Sunrise Rotary Club -University of California, Riverside - Extension Instructor -First Pacific National Bank, Director/Loan Committee -Bear Creek Greens Committee, Chairman -Bear Creek Golf Club, Director -Optimist Club -Ridgegate Homeowners Association, Past President -Los Ranchitos Homeowners Association, Past President 41750 Winchester Road, Suite N · Temecula, California 92590-4898 · (909) 676-6672 · FAX (909) 699-1848 LARRY R. MARKHAM ORGANIZATIONS - pg 2 -Community Recreation Center Building Foundation, Director -County of Riverside Coordination Committee -City of Temecula Coordination Committee -City of Murrieta Coordination Committee COMMITTEES AND COMMISSIONS 1985-1986 and Murrieta Creek Citizens Advisory Committee, 1989-1992 Vice-Chairman 1986-1989 South West Area Plan Citizens Advisory Committee 1987-1991 Temecula Redevelopment Citizens Advisory Committee 1991-1994 Rancho California Water District Citizens Advisory Committee 1990-1993 County Service Area 143 Citizens Advisory Committee 1991-Pvgecnt Old Town Historic Review Committee, Past ~q~ U Chairman 1992-1994 Old Town Specific Plan Steering Committee 1992-1994 City of Murrieta, General Plan Citizens 1997-p~ent Advisory Committee, Vice-Chairman 1992-1993 City of Temecula, Land Use Technical Subcommittee to the General Plan 1992-1995 City of Temecula, Development Code Advisory Committee 1993-Present French Valley Airport Citizens Advisory Committee 1993-Present Santa Margarita Watershed Committee-Drainage Subcommittee, Chairman 1996-Present City of Murrieta, D & E Flood Control Committee,Chairman 1996-Present City of Temecula, Public/Traffic Safety Commission, Chairman MARKHAM & ASSOCIATES Development Consultants Continue the efforts to proactively address the circulation infrastructure challenges that the City of Temecula faces locally and regionally through long range planning. Provide guidance in the enhancement of the existing vehicular and non- vehicular circulation system. Preserve the existing levels of police and fire services while promoting increased public safety through innovation and efficiency. My qualifications are based on 2 1 years of experience providing solutions for traffic and public safety issues on a local, sub-regional and region basis. 41750 Winchester Road, Suite N · Temecula, California 92590-4898 · (909) 676-6672 · FAX (909) 699-1848 ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Manager/City Council usan W. Jones ~ity Clerk/Director of Support Services November 9, 1999 Appointment of Representative and Alternate to the Riverside Transit Agency RECOMMENDATION: Appoint a member of the City Council to serve as the representative for the Riverside Transit Agency. o Appoint Karel Lindemans to serve as alternate for the Riverside Transit Agency through December 31, 1999. BACKGROUND: Councilmember Lindemans has served as President of the Riverside Transit Agency. As his City Council term will end this month, a new representative will need to be appointed. Council has also directed staff to bring forward the appointment of Councilmember Lindemans as alternate, to allow him to finish out his year term as President of the Riverside Transit Agency. During this period Mr. Lindemans would attend meetings in place of the Council representative. RTA Representative