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Home My WebLink About091603 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 AGENDA TEMECULA CITYCOUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 16, 2003 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon pdor 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. 6:00 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: 1. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisition at 27500 Jefferson Avenue. Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula/Redevelopment Agency and KiaWorld. The City 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(c) with respect to three matters of whether to initiate litigation. With respect to these matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 2003-12 Resolution: No. 2003-114 Mayor Jeff Stone Margaret Bird Reverend Lance Kerwin of Calvary Chapel of Temecula Councilman Pratt Comerchero, Naggar, Pratt, Roberts, Stone R:~Agenda\091603 1 PRESENTATIONS/PROCLAMATIONS American Public Works Association Proiect of the Year Award for the Chaparral Pool PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 12, 2003. Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:~Agenda\091603 2 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 5 Ci Treasurer's Re ort RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31, 2003. Contract Amendment with Schirmer En.qineerin.q RECOMMENDATION: 5.1 Approve a second contract amendment with Schirmer Engineering for an annual amount of $25,000 and a total contract amount of $75,000. 6 Roberti-Z'Berq-Harris Block Grant Proqram RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI.Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 Vacation of a Roadway Easement over Murrieta Creek and adiacent to Rancho Ca fornia Road to the Riverside County Flood Control and Water Conservation District RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA INITIATING PROCEEDING TO VACATE A PORTION OF RANCHO CALIFORNIA ROAD IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE ATTACHED EXHIBITS A AND B R:~Agenda\091603 3 8 9 10 11 Authorize Temporary Street Closures for Temecula Fall Rod Run 2003 Event in Old Town (Old Town Front Street between Moreno Road and Second Street and other related streets) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR TEMECULA FALL ROD RUN 2003 EVENT AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT Acceptance of certain public streets into the City-maintained Street System within Parcel Map No. 24185-2 (north of De Portola Road, west of Butteffield StaRe Road, south of Jerez Lane, and east of Sunny Meadows Drive within the Paseo Del Sol Subdivision) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 24185-2) Acceptance of certain public streets into the City-maintained Street System within Parcel Map No. 28482-1 (northwesterly of the intersection of Rancho California Road and Meadows Parkway, south of Royal Birkdale Drive, north of Rancho California Road, east of Temeku Drive, and west of Meadows Parkway in Temeku Hill Subdivision) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 28482-1) Acceptance of certain public streets into the City-maintained Street System RECOMMENDATION: 11.1 Adopt a resolution entitled: R:~Agenda\091603 4 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED BY DEVELOPERS INTO THE CITY- MAINTAINED STREET SYSTEM 12 13 14 11.2 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED BY THE CITY INTO THE CITY.MAINTAINED STREET SYSTEM Reimbursement Aqreement between Rancho California Water District and the City of Temecula for the Pechanqa Parkway Phase IIA - Storm Drain Improvements - Proiuct No. PW99-11 SD RECOMMENDATION: 12.1 Approve the Reimbursement Agreement between Rancho California Water District (RCWD) and the City of Temecula for the Pechanga Parkway Phase IIA - Storm Drain Improvements - Project No. PW99-11SD. Professional Services Aqreement with Berryman & Heniqar for Enqineerinq DesiRn Services for the Rancho California Road Widen nq from Old Town Front Street to Interstate 15 alonq the south side - Project No. PW02-19 RECOMMENDATION: 13.1 Approve the agreement with Berryman & Henigar to provide professional design services in an amount not to exceed $135, 805.00 and authorize the Mayor to execute the agreement; 13.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $13,580.50 which is equal to 10% of the agreement total. French Valley Parkway/I-15 Interchanqe Desi.qn Cooperative Aqreement with the State of California Department of Transportation RECOMMENDATION: 14.1 Adopt a resolution entitled: R:~Agenda\091603 5 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT, NO. 8-1217, BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF TEMECULA FOR THE DESIGN OF A NEW INTERCHANGE (FRENCH VALLEY PARK~NAY) ON ROUTE 15 BETWEEN THE EXISTING WINCHESTER ROAD (STATE ROUTE 79 NORTH) INTERCHANGE AND THE 1-15/I-215 JUNCTION 15 Infrastructure Fundinq and Reimbursement Aqreement (Deer Hollow Way) 16 17 RECOMMENDATION: 15.1 Approve the Infrastructure Funding and Reimbursement Agreement for Deer Hollow Way by and among the County of Riverside, the City of Temecula, Centex Homes, a Nevada general partnership, and Redhawk Communities, Inc.; 15.2 Authorize the Mayor to execute the agreement. completion and Acceptance of Construction Contract for the FY 2002-2003 Slurry Seal Pro.qram - Proiect No. PW03-02 RECOMMENDATION: 16.1 Accept the FY 2002-2003 Slurry Seal Program - Project No. PW03-02 - as complete; 16.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 16.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. Award of Construction Contract for the Battery Back-up System for Traffic Siqnals utilizin.q LED Modules - Citywide - Proiect No. PW03-04 RECOMMENDATION: 17.1 Award a construction contract for the Battery Back-up System for Traffic Signals utilizing LED Modules - Citywide - to TDS Engineering in the amount of $139,786.00 and authorize the Mayor to execute the contract; 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,989.30 which is equal to 5% of the contract amount; 17.3 Approve an increase of Grant Revenue in the amount of $82,776.00; 17.4 Approve an appropriation of $82,776.00 to the Traffic Improvement Budget from Grant Revenue. R:~Agenda\091603 6 18 Ordinance No. 03-09 (Linfield School Master Plan) RECOMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 03-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (Pi) TO PLANNED DEVELOPMENT OVERLAY (PDO-7), AND ADOPTING SECTIONS 17.22.180 THROUGH 17.22.188 OF THE MUNICIPAL CODE INCLUDING THE PDO TEXT AND DEVELOPMENT STANDARDS, FOR PROPERTY GENERALLY LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD, EAST OF MARGARITA ROAD, AND WEST OF MEADOWS PARK~NAY AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002 19 Ordinance No. 03-10 (Harveston Specific Plan) RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 03-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF TEMECULA TO INCLUDE TWO OUT-PARCELS WITHIN THE HARVESTON SPECIFIC PLAN RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~Agenda\091603 7 I TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-17 CALLTO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and flied 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 August 26, 2003. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, September 23, 2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\091603 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RD/~ 2003-1/ CALLTO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should---~e 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 August 26, 2003. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOUR_NMENT Next regular meeting: Tuesday, September 23, 2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\091603 9 RECONVENETEMECULACITYCOUNCIL COUNCIL BUSINESS 20 Consideration of Adoption of Resolutions of Necessity for the acquisition in Eminent Domain of certain real properties for public purposes (Continued from the meeting of August 26, 2003) RECOMMENDATION: 20.1 Separately consider the twelve (12) Resolutions, which are Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Winchester Road Widening Project: 20.2 Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this agenda report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination; 20.3 If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the following twelve (12) proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt the proposed Resolutions (each of which requires a 4/5th vote of the entire Council) and authorize the City Attorney's office to file an eminent domain proceeding to acquire the following real property interests: Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (27410 JEFFERSON AVENUE) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD(26419YNEZ ROAD) R:~Agenda\091603 10 · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41125 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41005 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40975 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CiTY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40971 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CiTY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUlSmON THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40967 WINCHESTER ROAD) R:~Agenda\091603 11 · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40963 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40949 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40945 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40941 WINCHESTER ROAD) · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40915 AND 40917 WINCHESTER ROAD) R:~Agenda\091603 12 21 Appointments for Zone Committee - Transportation Uniform Mitiqation Fee (TUMF) Pro,qram & Western Riverside Council of Government RECOMMENDATION: 21.1 Appoint Councilmember Roberts as a Zone Committee representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Government; 21.2 Appoint another City Councilmember as an altemate for the Zone Committee representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Government. CITY MANAGER'S REPORT CITY A'I-rORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, September 23, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\091603 13 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST t2, 2003 The City Council convened in Open Session at 7:00 P.M., on Tuesday, August 12, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Roberts, and Stone Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Matt Hsieh of Rancho Baptist Church. .ALLEGIANCE The flag ceremony was presented by Councilman Roberts. PRESENTATION/PROCLAMATIONS Women of Distinction Reco,qnition to Barbara Wilder By way of a Certificate of Achievement, Barbara Wilder was recognized for her efforts and dedication associated with the issue of power lines throughout Southwest Riverside County. Ms. Wilder thanked the City Council for this recognition and commended the many individuals involved with this process. National Kids Day Proclamation Thanking the City Council for this proclamation, Mr. Chuck Washington, Board Member of the Boys & Girls Club, accepted the National Kids Day Proclamation. Certificate of Achievement to the Temecula Valley North Little Lea,que All Stars (Postponed to the meeting of August 26, 2003.) .PUBLIC COMMENTS A. Mr. Greg Morrison, 31045 Oak Hill Drive, commended City Council and City staff for its Moonlight Movies in the Park Program and encouraged the continuation of this program next summer. Mayor Pro Tern Naggar as well commended the Community Services Department staff for their efforts associated with this program. R:\Minutes\081203 1 Commenting on the Tiny Tots Program and it overwhelming demand for participation, Mr. Morrison relayed concern with the enrollment process in order to participate - spending the night in front of the Community Recreation Center - and requested that the Council reevaluate this program and consider expansion of it. Mayor Pro Tern Naggar noted that the matter would be addressed and explored. B. Mr. Chuck Washington, 31205 Kahwea Road, Board Member of the Theatre Foundation and the Chairman of the Foundation fundraiser event Temecula-on-Stage, commented on the upcoming event as well as the Foundation's continued efforts to raise $1 million for the building of a new community theatre in Old Town; thanked the City for its continued support of the Theatre Foundation; and extended a special invite to the City Councilmembers. C. Mr. Otto Baron, 41915 Fourth Street, reiterated his dismay with the lack of signage for businesses located on the side streets in Old Town. D. Echoing Mr. Baron's comment with regard to the lack of signage for side streets, Ms. Lorena Spencer, 41946 Fifth Street, as well commented on the competition impacts the Farmers' Market has on the Old Town merchants and questioned whether the east side of Front Street in Old Town has been targeted for Iow-income apartments. E. Mr. Charles Delgado, 30270 Santiago Road, President of the Temecula Sunrise Rotary, thanked the City Council for its grant for the bus bench project and invited the City Council and public to the Riverside Symphony event at Ponte Winery, on August 24, 2004, 5:00 P.M. to 9:00 P.M. CITY COUNCIL REPORTS A. Councilman Roberts informed the public that the City's Sister City Association had been awarded the Innovation Award at the Sister City international in St. Louis on July 25, 2003. Advising that the California Transportation Commission will be meeting Thursday, August 14, 2003 to discuss the interchange 91/215/60 County project, Councilman Roberts commented on the importance of receiving funding for this particular project and noted that alternative funding options are being explored. B. Councilman Pratt commented on the benefits of the Mobility Coordination Program such as the one utilized in the City of Santa Barbara. C. Mayor Pro Tern Naggar apprised the viewing public of the upcoming Public Safety Expo sponsored by the Temecula Citizen Corps at the Promenade Mall. D. Having worked with the Save Southwest Riverside County and Ms. Barbara Wilder, Councilman Comerchero relayed his delight'with the recognition Ms. Wilder has received with her to her dedication and efforts. E. Mayor Stone commended the Police Department on its updates and efforts associated with the Stop Light Abuse Program. In response to Mr. Washington, Mayor Stone noted that he would write a check in the amount of $750 for the 10 Temecula-on-Stage tickets and requested that they be raffled off at the Senior Center. R:~linutes\081203 2 In closing, Mayor Stone commented on his intent to call a County-wide summit in order to discuss the Riverside County integrated Plan (RCIP); to ensure flaws such as needed infrastructure for proposed development will be provided; and to maintain the desired quality of Having recently traveled through nine states, Mr. Stone commented on the amount of unspoiled open space in this country but that he enjoyed coming home to Temecula. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approvin,q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 03-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Citv Treasu~ RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of June 30, 2003. 4 Minutes - RECOMMENDATION: 4.1 Approve the minutes of June 24, 2003; (Councilman Roberts abstained with regard to 4.1,) 4.2 Approve the minutes of July 8, 2003. 5 Emerqency Management Grant-funded Equipment Purchases RECOMMENDATION: 5.1 Increase estimated grant revenue in the Police Department by $32,900 and increase estimated grant revenue in the Fire Department by $47,870; R:\Minutes\081203 3 6 7 5.2 Approve appropriations to the Police Department line item budget for $33,900 and Fire Department line item budget for $47,870. Amendment No. 1 to Joint Use Agreement for Chaparral Aquatic Facility with Temecula Valley Unified School District. RECOMMENDATION: 6.1 Approve Amendment No. 1 to the Joint Use Agreement for the Chaparral Aquatic Facility with the Temecula Valley Unified School District (TVUSD). Substitute Agreements and Bonds for public improvements in Tract No. 26828-1, -2, -F (east of North General Kearne¥ Road, south of Willows Avenue, west of Seraphina Road, and north of Rita Way) RECOMMENDATION: 7.1 Accept Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 26828-1 (Offsite); 7.2 Accept Substitute Subdivision Improvement Agreement and Subdivision Faithful performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 26828-1 (In-Tract); 7.3 Accept Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 26828-2; 7.4 Accept Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 26828-F; 7.5 Accept Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 26828-1; 7.6 Accept Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 26828-2; 7.7 Accept Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 26828-F; 7.8 Acknowledge that original bonds collected by the original subdivider, The Garret Group, LLC, will be released upon acceptance of substitute bonds by separate administrative action; 7.9 Direct the City Clerk to so advise the developer and surety. 8 Acceptance of Offer of Dedication - Road Purposes for Moraga Road RECOMMENDATION: 8.1 Adopt a resolution entitled: R:\Minutes\081203 4 RESOLUTION NO. 03-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR MORAGA ROAD BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME 9 Acceptance of Offer of Dedication - Road Purposes for Mora,qa Road RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR MORAGA ROAD BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME 10 Acceptance of Offer of Dedication - Road Purposes for Mora.qa Road RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 03-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES FOR MORAGA ROAD BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME 11 Authorize Temporary Street Closure of Main Street between Old Town Front Street and the Murrieta Creek Brid.qe for the Temecula-On-State Event scheduled for August 30, 2003, and delegate authority to issue a Special Events/Street Closures Permit to the Director of Public Works/City En.qineer RECOMMENDATION: 11.1 Adopt a resolution entitled: R:\Minutes\081203 5 RESOLUTION NO. 03-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK BRIDGE FOR THE TEMECULA-ON- STAGE EVENT SCHEDULED FOR AUGUST 30, 2003, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 12 Award the Construction Contract for Rancho California Road Widening east of Ynez Road - ~PW00-20 RECOMMENDATION: 12.1 Award a construction contract for Rancho California Road Widening east of Ynez Road - Project No. PW00-20 - to R.J. Noble Company in the amount of $622,269.98 and authorize the Mayor toe execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $62,227.00 which is equal to 10% of the contract amount; 12.3 Authorize the transfer of $65,000 in Capital Project Reserves from the Pavement Rehabilitation Project (Acct. 210-165-655-5804) to the Rancho California Road Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804); 12.4 Authorize the transfer $135,000 in Capital Project Reserves from the Localized Storm Drain Project (Acct. 210-165-715-5804) to the Rancho California Road Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804). (Pulled for separate discussion; see pages 6-7.) MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 11 (Item N. t2 was pulled for separate discussion). The motion was seconded by Counciiman Roberts and voice vote reflected approval with the exception of Councilman Roberts who abstained with regard to Item No. 4.1. CONSENT CALENDAR ITEM NO. 12 CONSIDERED UNDER SEPARATE DISCUSSION 12 Award the Construction Contract for Rancho California Road Widening east of Ynez Road - Project No. PW00-20 RECOMMENDATION: 12.1 Award a construction contract f°r Ranch° Calif°mia R°ad Widening east °f Ynez Road - Project No. PW00-20 - to R.J. Noble Company in the amount of $622,269.98 and authorize the Mayor toe execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $62,227.00 which is equal to 10% of the contract amount; R:\Minutes\081203 6 12.3 Authorize the transfer of $65,000 in Capital Project Reserves from the Pavement Rehabilitation Project (Acct. 210-165-655-5804) to the Rancho California Road Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804); 12.4 Authorize the transfer $135,000 in Capital Project Reserves from the Localized Storm Drain Project (Acct. 210-165-715-5804) to the Rancho California Road Widening east of Ynez Road - Project No. PW00-20 (Acct. 210-165-611-5804). Public Works Director Hughes reviewed the staff report (as per agenda material) and noted, for Mayor Pro Tem Naggar, that commencement of the project should be within a month and that the project should be completed by Thanksgiving. Mayor Pro Tern Naggar further elaborated on the benefits this project will provide to the community and, therefore, requested the community's patience during the construction period of this needed improvement. MOTION: Mayor Pro Tern Naggar moved to approve Consent Calendar Item No. 12. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. PUBLIC HEARING 13 PA 03-0370 (Annexation)- Adoption of Resolution initiatin,q annexation proceedin,qs for the Redhawk Specific Plan Area and a portion of the Vail Ranch Specific Plan Area RECOMMENDATION: 13.1 Adopt the Negative Declaration with a finding of DeMinimus Impact for Planning Application No. PW03-0370 (Annexation); 13.2 Adopt a resolution entitled: RESOLUTION NO. 03-'100 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE COMMENCEMENT OF PROCEEDINGS REORGANIZING THE JURISDICTIONAL BOUNDARIES OF CERTAIN INHABITED TERRITORY DESCRIBED HEREIN IS THE ENTIRE REDHAWK SPECIFIC PLAN AREA AND A 67-ACRE PORTION OF THE VAIL RANCH SPECIFIC PLAN AREA TO INCLUDE THE CORPORATE BOUNDARIES OF THE CITY OF TEMECULA TO INCLUDE SAID TERRITORY WITHIN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TO DETACH SAID TERRITORY FROM CSA t43, CSA t52, AND THE RIVERSIDE COUNTY WASTE MANAGEMENT DISTRICT, DESIGNATED AS PART OF PLANNING APPLICATION NO. PA03-0370 13.3 Direct staff to prepare and submit application and associated materials for annexation to the Local Agency Formation Commission (LAFCO). R:~/linutes\081203 7 Deputy City Manager Thornhill reviewed the staff report (of record); noted that the application has been filed with LAFCO; reviewed the proposed and upcoming annexation schedule; addressed the maintenance of slopes, advising that the Redhawk Homeowners Association has agreed to be responsible for slope maintenance; and advised that a fiscal impact analysis of the annexation at full build out has been prepared. The following individuals spoke in support of the proposed annexation: · Mr. Randy Yount 45927 Corte Tobarra · Mr. John Rossi 31899 Via Saltio · Mr. Bill Barrett 45549 Corte Narbonne Mr. Paul Runkle 32070 Corte Bonilio · Ms. Betty Johnson 44728 CorteValencia Advising that the Homeowners Association will be active and supportive of this annexation process, the above-mentioned individuals spoke in support of the annexation for the following reasons: · Parks and recreation programs · Local government representation/quality of local government · Public safety/law enforcement · Quality development · Adherence to Master Plans/Specific Plan There being no additional input, the public hearing was closed. Commenting on the increase in public safety/law enforcement, Councilman Roberts relayed his support of the proposed annexation. Having supported the proposed Redhawk annexation of 1999, Councilman Comerchero as well relayed his support of this proposed annexation. Echoing his fellow Councilmembers, Mayor Pro Tern Naggar relayed his support and requested that Park Site "F" be given an official name. Councilman Pratt as well relayed his support of the proposed annexation and recommended, in an effort to create a buffer area for the City, that the area to the east also be considered for annexation. Commenting on the increased services that will be provided to the Redhawk residents as a result of the proposed annexation, Mayor Stone relayed his support of the recommendation. MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Pratt and voice vote reflected unanimous approval. R:\Minutes\081203 8 14 Request Zone Change from L-1 to L-2 (PA02-0372) and Tentative Tract Map to create seven residential lots ranging from .5 to .82 acres in lot area (PA02-0371) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA02- 037t TENTATIVE TRACT MAP NO. 30'169 TO SUBDIVIDE A 4.57 ACRE PARCEL INTO SEVEN SINGLE-FAMILY RESIDENTIAL LOTS RANGING BETWEEN .5 AND .82 ACRES IN LOT AREA, LOCATED APPROXIMATELY 473 FEET NORTH OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060-006 Principal Planner Hazen presented the staff report (as per agenda material); referenced correspondence received from residents as well as a petition of support; and commented on staff's recommendation to approve the request. In response to the City Council, Principal Planner Hazen and Public Works Director Hughes advised that with regard to street improvements, the City would condition a four-lot project the same way it would condition a seven-lot project; that because of the intensification, Transportation Uniform Mitigation Fees and Development impact Fees will be imposed; that the intersection will be aligned; that because of traffic volume, the intersection will not be signalized; that the City is not the agency that governs the use of septic tanks/sewers; that the neighboring citizens had expressed a desire to conserve the rural lifestyle; and that staff's recommendation for approval of the request was based on best land use, not economics. Councilman Roberts expressed concern with a L-2 zone being surrounded by a L-1 zone. Mr. Larry Markham, representing the applicant, 41635 Enterprise Circle, provided background information with regard to the Meyler property; noted that the Chaparral area has a series of policies to permit subdividing one acre lots to % acre lots; that the area of discussion is the flattest parcel in Chaparral area; that if the seven-lot parcels were approved, the developer would implement sewer; that if only four parcels were approved, for cost reasons, septic tanks would be proposed; that an outreach program to educate the neighboring residents of the project was provided; that the residents to the east of the proposed project are in opposition to it; and that if four parcels were approved, the cul-de-sac would shorten by 60'. In closing, Mr. Markham relayed his concurrence with the staff report as well as the proposed conditions. By way of overheads, Mr. Craig Way, 28545 Old Town Front Street, described the type of development being proposed; relayed the continued demand for a market of $600,000 - $850,000 homes; and advised that all lots are rectangular; that four single-story residences and three two-story residences are being proposed; that although all residences will have similarities, each will be different; that three- to four-car garages are being proposed; that proposed development would be a gated community of high quality homes; and that it would not be financially feasible to construct four high-quality custom homes on one acre lots and to absorb the required cost of infrastructure, in closing, Mr. Way reviewed the proposed quality differences between the four-lot homes and the seven-lot homes. R:\Minutes\081203 9 Mr. Rick Hauser, 303000 Point Marina, Canyon Lake, further commented on the demand for $600,000 to $850,000 single-story homes, noting that the proposed two-story will only be two story in the front element and that the gated community will provide a sense of security. The foltowing individuals spoke in support of the proposed project: · Mr. Charles Delgado 30270 Santiago Road · Ms. Chris Herman 29920 Via Serreto · Mr. Steve Lewis 30080 Santiago Road · Mr. George Zorb 40445 Calle Katerine The above-mentioned individuals spoke in support of the project for the following reasons: · That the size of the lot would not matter (1 acre or % acre) as long as the homes are quality homes · That the proposed project will enhance neighboring property values and, thereby, enhancing the entire community · That the developer is a good developer · That if this quality project were not approved, what type of project could potentially be constructed. The following individuals spoke in opposition to the proposed project: · Ms. Dianne Tanna · Mr. Bob Burns · Dr. Steve Lis · Mr. Ralph Neimeyer 30052 Santiage Road 30112 Santiago Road 30000 Santiago Road 29962 Santiago Road The above-mentioned individuals spoke in opposition to the project for the following reasons: · Will not retain the rural atmosphere · Will not retain open space · Developer could sell the lots of discussion and a different project would be constructed · Will not improve property values Referencing previously made comments with regard to the Meyler property, Mr. Jim Meyler, 31813 Via Campanario, advised that he does not own the property and that he objects the use of his family when referencing that particular piece of property. At 10:03 P.M., a short recess was taken and the City Council resumed with the public hearing at 10:18 P.M. Apologizing to Mr. Meyler for the reference of his name in conjunction with that particular piece of property, Mr. Markham provided background information with regard to zoning designations for the area of discussion; advised of the requirements necessary to meet the approval of L-1 or Lo2 zoning; noted that the developer has met those 11 requirements; reiterated that quality homes wil~ be constructed; and requested the City Council's approval. As was mentioned by Deputy City Manager Thornhill, Councilman Comerchero reiterated that the General Plan Advisory Committee has been discussing this matter; noted that, in his opinion, either L-1 or L-2 should be approved, not a mixture of both; commented on the City's efforts to prohibit the County from zone changes during its General P~an process; stated that the R:~,1inutes\081203 10 City should adhere to those same expectations; and suggested that the General Plan Advisory Committee should further investigate this matter and make a recommendation. Concurring with Councilman Comerchero, Mayor Pro Tern Naggar relayed his support of the General Plan Advisory Committee addressing the matter and then make a recommendation to the Planning Commission for review. Concurring with his fellow Councilmembers, Councilman Roberts expressed his dismay with the applicant's presentation and his reference of certain homes and his negative description of them. Councilman Pratt relayed his concurrence with his fellow Councilmembers. As a previous property owner in the area of discussion, Mayor Stone stated that, to his understanding, the City Council's past direction with regard to this area was to retain it as a rural area such as Los Ranchitos; echoed Councilman Comerchero's comment with regard to the City imposing the same expectations on itself as what the City expects of the County; relayed his dismay with the applicant's presentation in reference to particular homes; stated that this City should provide a wide spectrum of housing opportunities; advised that unless the City were beneficiary of certain community improvements, this project does not provide any increased public amenities to justify approval of this project. Commenting on the statutory deadlines with regard to the Tentative Tract Map, City Attorney Thorson suggested that this item be denied without prejudice, allowing the applicant to readdress the matter at a later time. MOTION: Councilman Comerohero moved to deny this project without prejudice; to refer the matter to the General Plan Advisory Committee for further review; to follow the normal review process; and to waive associated fees with resubmitting the project if the General Plan Advisory Committee were to forward a recommendation of support. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone who voted n.=.~o. 15 Assessment District No. 03-04 (John Warner Road) and Integrated Financin,q District No. 03-05 (John Warner Road) RECOMMENDATION: 15.1 15.2 15.3 15.4 Approve the Negative Declaration for the John Warner Road Assessment District and direct the City Clerk to file a Notice of Determination with County Recorder; Hold the public meeting and public hearing regarding the proposed Assessment District No. 03-04 (John Warner Road) and Integrated Financing District No. 03-05 (John Warner Road) called pursuant to a resolution regarding the proposed districts adopted on June 24, 2003; Allow the City Clerk to tabulate ballots from property owners received prior to the close of the public meeting and public hearing regarding the proposed districts and allow the City Clerk to announce the results of the tabulation; If the ballots received with regard to Assessment District No. 03-04 (John Warner Road) are a majority (weighted by assessment obligation) in favor of the Assessment District, adopt a resolution entitled: R:~vlinutes\081203 1 1 RESOLUTION NO. 03-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OVERRULING PROTESTS AND DETERMINING RESULTS OF ELECTION - ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) 15.5 If the resolution described in 4 above has been adopted, adopt a resolution entitled: RESOLUTION NO. 03-t02 15.6 15.7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENTS AND ORDERING THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS - ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) However, (a) if at least two of the owners of the parcels in Zone 2 of the Assessment District vote in favor of the Assessment District, strike Section 18 of the resolution before its adoption; and (b) if the ballots received with regard to the Integrated Financing District No. 03-05 (John Warner Road) are a majority (weighted by maximum contingent assessment) in favor of the Integrated Financing District, strike Section 19 of the resolution before its adoption. If the resolutions described in 4 and 5 above have been adopted and the ballots received with regard to the Integrated Financing District are a majority (weighted by maximum contingent assessment) in favor of the Integrated Financing District, adopt a resolution entitled: RESOLUTION NO. 03-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OVERRULING PROTESTS AND DETERMINING RESULTS OF ELECTION - INTEGRATED FINANCING DISTRICT NO. 03-05 (JOHN WARNER ROAD) 15.8 If the resolution described in 6 above has been adopted, introduce and read by title only an ordinance entitled: ORDINANCE NO. 03-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INTEGRATED FINANCING DISTRICT NO. 03-05 (JOHN WARNER ROAD) AND AUTHORIZING THE LEVY OF CONTINGENT ASSESSMENTS THEREIN Public Works Director Bill Hughes presented the staff report (of record). Mayor Stone opened the public hearing at 10:54 P.M. Hearing no requests to speak, Mayor Stone closed the public hearing at 10:54 P.M. Bond Counsel, Paul Thimmig, suggested a short recess be called to open ballots. R:\Minutes\081203 12 MOTION: Councilman Naggar moved to extend the meeting to 11:00 P.M. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. City Clerk Jones proceeded to tabulate the votes while Mayor Stone proceeded with Item No. 17; see pages 14-21. Proceeding with Item No. 15, City Clerk Susan Jones reported that the ballots are weighted by the amount of assessments, and stated for the record, the City has received no written protests. Explaining that two votes were taken, City Clerk Jones reported that there was 24 votes cast of the 36 possible, on the Assessment District, representing $1,322,895.00, with a maximum contingent assessment of $888,596.70. The total no votes cast were three, representing a maximum contingent assessment of $107,380.11. The votes cast in favor were equal to 89% of the total votes cast. Votes cast in opposition were equal to 11% of the votes cast. For the Integrated Financing District, City Clerk Jones reported the total possible votes were 33, representing $2,417,368.33. Of those votes, 22 were cast in favor, with a maximum contingent assessment of $1,680,543.86. Two votes were cast in opposition, representing $259,012.22. The total percentage of votes cast in favor was equal to 92%. The total votes cast in opposition represent 8% of the votes. Public Works Director Hughes stated that based on the ballot process, there is a majority of support for the Assessment District. He recommended that the City Council move forward with the resolutions, with the exception of Resolution No. 03-102, where Sections 18 and 19 should be struck. He explained that these sections were included in the event that there was not a majority for the Integrated Financing District. Since both zones were approved, these sections should be struck. MOTION: Councilman Naggar moved to approve staff recommendations 15.1, 15.4, 15.5, (striking sections 18 and 19), 15.6, and 15.7. Councilman Comerchero seconded the motion and voice vote reflected unanimous approval. COUNCIL BUSINESS 16 Award the Construction Contract for Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvement Proiect- Project No. PW02-07 RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 03-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING OFFICIAL INTENT REGARDING CERTAIN CAPITAL EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS 16.2 Authorize the use of $1,137,000 from the General Fund to fully fund the construction of the Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvements project ($1,012,500 will be reimbursed from Assessment District 03-04 Bond proceeds and $124,500 will be sought to be recovered from Rancho California Water District (RCWD); R:~Minutes\081203 13 16.3 Award a construction contract for the Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvement Project- Project No. PW02-07 - to McLaughlin Engineering and Mining, Inc. in the amount of $1,059,569.50 and authorize the City Manager to execute the contract, provided the City Attorney has determined that there is no significant legal risk associated with any protests received at the Assessment District Public Hearing; 16.4 Authorize the City Manager to approve change orders not to exceed the contingency amount of $105,956.95, which is equal to 10% of the contract amount. MOTION: Councilman Comerchero moved to approve staff recommendations 16.1, 16.2, 16.3, and 16.4. Mayor Pro Tern Naggar seconded the motion and voice vote reflected unanimous approval. 17 Consideration of Adoption of Resolutions of Necessity for the acquisition in Eminent Domain of certain real properties for public purposes RECOMMENDATION: 17.1 Separately consider the twelve (12) Resolutions, which are Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Winchester Road Widening Project: 17.2 17.3 Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this agenda report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination; If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the following twelve (12) proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt the proposed Resolutions (each of which requires a 4/5th vote of the entire Council) and authorize the City Attorney's office to file an eminent domain proceeding to acquire the following real property interests: · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (27410 JEFFERSON AVENUE) · Adopt a resolution entitled: R:'J',,linutes\081203 14 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (26419 YNEZ ROAD) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CiTY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (4t'125 WINCHESTER ROAD) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (4'1005 WINCHESTER ROAD) Adopt a resolution entitled: RESOLUTION NO. 03-__ A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40975 WINCHESTER ROAD) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40971 WINCHESTER ROAD) Adopt a resolution entitled: R:'Wlinutes\081203 1 5 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40967 WINCHESTER ROAD) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40963 WINCHESTER ROAD) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40949 WINCHESTER ROAD) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40945 WINCHESTER ROAD) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40941 WINCHESTER ROAD) R:\Minutes\081203 16 · Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (409t5 AND 40917 WINCHESTER ROAD) City Attorney Thorson presented the staff report (of record). He reported that both the Developer and the City have been in extensive negotiations with the property owners from which the City would seek to acquire the certain real properties. He stated, that as in the past, even if approved, the City would continue to negotiate with the property owners to reach settlement prior to any type of trial. He introduced Regina Danner of his firm, who has been handling this action, and is present to answer any questions regarding these proceedings. Mayor Stone asked what the primary source of contention is on this issue. City Attorney Thorson explained multiple owners are involved, and with that some of the areas needed are common areas, including portions of right-of-ways and portions of parking lots. Mayor Stone further asked if parking spaces would be lost due to this acquisition. Public Works Director Hughes stated he looked at the location of the easements taken, and reported that no permanent loss of the number of parking spaces were found, although there may be temporary losses during construction. Mayor Stone opened the hearing at 10:56 P.M. Dr. John Ellis, Temecula, stated he has not spoken with any representative from the City Attorney's Office. He listed three issues of concern: 1) The value of the lots (roughly twice what the City is now offering); 2) The amount of parking spaces that will be effected and future uses of the property if sold to another owner. 3) A proposed additional lane would not impact traffic, but rather the freeway traffic has the greater impact. Mayor Stone explained that State Law provides that the City must pay the property owners the value determined at its highest and best use. Public Works Director Bill Hughes stated that the City's negotiations have been somewhat limited, and that the majority of negotiations that have taken place have been between the Developer and the property owners. He explained that the Developer has the ability to offer a higher price than the appraised value. The City, however, must offer the fair market value of the property. Since a settlement has not been reached between the Developer and the property owners, the developer has requested the Eminent Domain procedure begin. Robert B. Rosenstein, 41877 Enterprise Circle, stated he is an attorney representing several of the doctors. He stated that a formal offer was never made. He voiced the concerns of several of the doctors regarding impact of patients trying to reach needed services. Mr. Rosenstein made a formal request that this item be continued for four weeks. Mayor Pro Tern Naggar asked if the action continues tonight, could negotiations still occur? City Attorney Thorson stated that negotiations could still continue after the proposed action. R:\Minutes\081203 17 Mr. Rosenstein explained that issues of proper notice, and other issues are in question. He stated the price is not the only issue of concern. Mayor Pro Tern Naggar clarified with the City Attorney that Lennar has indemnified the City as to the cost of litigation for this proceeding. City Attorney Thorson confirmed that the City has no legal exposure in this matter. Public Works Director Hughes voiced his concern regarding the critical timing of this process, since permits are being pulled and improvements are not in place. He suggested not delaying this action, since negotiations can still proceed. He explained that these improvements would mitigate Lennar's impacts to traffic, not correct current conditions. Mayor Stone asked what measures will be taken to assure access will be maintained during construction of these improvements to patients using these facilities. Mr. Hughes stated that with all permits issued, reasonable access must be maintained. He said that most access points for these offices am not off of Winchester directly. Mr. Rosenstein asked that the Council continue this item for two to four weeks, to allow him to negotiate in good faith, as he was retained only yesterday afternoon. Mayor Pro Tern Naggar asked if offers were made or not, and are we in a position to declare an impasse. City Attorney Thorson explained that there is not a legal requirement for the City to declare an impasse. He further clarified that them is a time period in the government code and Lennar is free to ask the City's assistance to acquire this needed right-of-way. The City conducted a full-scale appraisal of the property, interests that are being sought to be acquired, temporary interests, severance damage, all done in accordance with eminent domain law. City Attorney Thorson explained that an offer was formerly made to the property owners. There has been at least 30 days between the making of the offer and the notice of tonight's hearing, which notice had a 15-day period. The City staff has extensively analyzed the question of the impacts if this work is not done, and that finding is contained in the staff report. MOTION: Mayor Pm Tern Naggar moved to extend the meeting until 12:00 A.M. The motion ~/as seconded by Councilman Comerchero and voice vote reflected unanimous approval. Dr. Kelly O'Neil, 29641 Ynez Road, questioned the necessity of the project, stating that the freeway is causing the traffic concerns, not the Lennar Project. He further discussed future impacts to the property. Regina Danner, representing Richards Watson and Gershon, clarified certain points raised by property owners. She stated that impacts to speculative future use, couldn't be used. She reported, the City did send a formal offer letter to the doctors and tonight is the first time the City has had a response. She stated, the City would continue to negotiate in good faith to work out this matter. Mayor Stone stated that since two weeks will not make that big of difference, he suggested this matter be continued for two weeks to allow the property owners to become fully informed as to the law so that negotiations can take place. Councilman Pratt stated his opposition to the necessity for these improvements. MOTION: Mayor Stone moved to continue the hearing to the meeting of August 26, 2003. Councilman Roberts seconded the motion and voice vote reflected unanimous approval. R:~vlinutes\081203 1 8 18 Consideration of Fundin,q for VFW Permits (Requested by Mayor Pro Tem Naggar) RECOMMENDATION: 18.1 Consider this request and provide direction to staff. Assistant City Manager Jim O'Grady presented the staff report (of record). Ron Brennan, 24810 Second Avenue, Murrieta, representing the V.F.W. thanked Mayor Pro Tem Naggar, the City Council and City Staff. He reported a minimum of $15,000 is needed to make improvements at Western Eagle. Anything the City could provide in the way of assistance, he said, would be greatly appreciated. Nick Carter, representing the American Legion, stated there is an effort to join forces with the V.F.W. to make the new location a Veterans Center. He thanked the City Council for their previous support, and looked forward to future joint efforts. Mayor Stone asked what is needed to complete the project. Mr. Brennan answered that assistance is needed with permits, and bringing the building up to code. Councilman Comerchere stated it is his understanding that there is a $5,000 shortfall, in addition to the need for relief of fees. He also stated there is a time-frame problem with the County Board of Health, and requested that a letter be sent to the County Health Department explaining the benefit the community receives from the V.F.W. and American Legion, and requesting assistance on the timing of permits. .MOTION: Councilman Comerchero moved to approve a relief of fees for the V.F.W. as well as an additional grant of $5,000, to come from Community Services Funding. Staff was further directed to send a letter to the County Health Department on behalf of the V.F.W. and American Legion, to assist with the timing of permits. The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. 19 Cable, Video, and Telecommunications Ordinance RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: 19.2 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, AND AMENDING IN ITS ENTIRETY CHAPTER 5.'12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE Adopt a resolution entitled: R:\Minutes\081203 19 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING FEES FOR TRANSACTIONS INVOLVING CABLE TELEVISION AND OPEN VIDEO SYSTEM FRANCHISES AND REGISTRATION FEES FOR OTHER VIDEO PROVIDERS City Attorney Thorson presented the staff report (of record). He stated that Verizon Communications does have several concerns that they have outlined in an email sent yesterday afternoon. He stated Mr. Bill Ruddell, a Telecommunications Specialist at his firm, is here to answer any questions they may have. Mr. Alan D. Sabsevitz, representing Verizon, 1796 North I Street, San Bernardino, Ca 92405, addressed the City Council, explaining he had 10 issues of concern in Article 5, to discuss with the City Council. Noting the late hour, Mayor Stone asked that this item be continued to the following meeting, April 26, 2003, and this item, and Item No. 20, be heard early on the agenda. 20 Cable Franchise Renewal Committee Appointment RECOMMENDATION: 20.1 Appoint one member from the City Council to serve on the negotiation team for renewal of the Cable Franchise with Adelphia. Mayor Stone, with City Council consensus, continued Items 19 and 20, to the meeting of August 26, 2003. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT City Attorney Thorson said there was nothing to report from Closed Session. ADJOURNMENT Mayor Stone formally adjourned the meeting at 12:04 A.M. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\081203 20 ITEM 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,575,360.29. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 16th day of September, 2003. ATTEST: JEffey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2003/Resos 03- I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 16th day of September, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: C~UNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 08/21/03 TOTAL CHECK RUN: 08/28/03 TOTAL CHECK RUN: 09/04~03 TOTAL CHECK RUN: 08/28/03 TOTAL PAYROLL RUN: TOTN- LIST OF DEMANDS FOR 09/16/03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 184 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 460 CFD 8~12 DEBT SVC FUND $ 571,059.65 7,149.72 157,920.79 82.75 20,213.96 594.34 180,327.91 61,083.72 4,739.55 145.63 72,459.12 11,766.35 22,047.66 1,114,468.75 $ 209,458.61 521,261.83 1,493,339.46 351,300.39 $ 2,575,360.29 $ 2,224,059.90 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTN- BY FUND: PREPA ~Y JADA~YO~NK OUNT (3 SPECIALIST SHAWN NELSON, CITY MANAGER 226,257.07 5,477.56 83,756.70 83.04 5,062.53 689.80 2,347.27 1,028.94 18,329.49 3.002.44 5,263.55 351,300.39 $ 2,575,360.29 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. Final Check List Page: 10 apChkLst CITY OF TEMECULA 08/2112003 1:56:13PM 129 checks in this report. Grand Total All Checks: 209,458.61 Detail 08/21/2003 001 140,115.75 165 2,293.78 190 34,909.04 193 5,676.13 210 967.07 280 3,939.07 300 3,762.75 310 145.63 320 13,973.94 330 21.44 340 3,654.01 209,458.61 Page:10 Final Check List Page: 1 CITY OF TEMECULA apChkLst 08/21/2003 1:56:13PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 170 08/15/2003 000166 FiRST AMERICAN TITLE 86030 08/21/2003 86031 08/21/2003 86032 08/21/2003 86033 08/21/2003 86034 08/21/2003 86035 08/21/2003 86036 08/21/2003 86037 08/21/2003 86038 08/21/2003 004482 ANSWER, THE 86039 08/21/2003 86040 08/21/2003 86041 08/21/2003 004973 ABACHERLI, LINDI 002038 ACTION POOL & SPA SUPPLY 005735 AEROSURF INC 006641 AFFORDABLE IMPORTS 002877 ALTA LOMA CHARTER LINES 004022 AMERICAN MINI STORAGE, TE Description Habitat for humanities housing prjt TCSD instructor earnings Pool light bulbs Pool anti-vortex main drain cover Oct/Nov/Dec wireless Internet svcs Refund: Sports - BB Mens League 001916 ALBERT A WEBB ASSOCIATES Consultant svcs- Roripaugh SMART excumions bus svcs;Castle P SMART excursion bus svcs:SD Sprts Sept storage unit B109 lease pmt Sept storage unit F105 lease pmt 002187 ANIMAL FRIENDS OF THE VALL Jul animal control services 000101 APPLEONE, INC. 006642 ARENDAS, NORM 002381 BEAUDOIN, LINDA 86042 08/21/2003 002541 BECKER CONSTRUCTION SRV 86043 08/21/2003 86044 08/2112003 86045 08/21/2003 004040 BIG FOOT GRAPHICS 002998 BRUNSWICK CAL OAKS BOWL 006644 BULLOCK, MARK 8/21 Entertainment: Concert series Temp help PPE 8/9 Delarm Temp help PPE 8/9 Wills Temp help PPE 8/9 Lee Refund: Sports - BS Mens League Reimb:Acceia Conf:7/28-31:LasVegas Remove sand for stream entrance: Duck Pnd Refund: Sports - BB Mens League Day camp excursion: Bowling/Lunch Refund: Sports - BB Mens League Amount Paid 2,200.00 391.20 112.02 12.92 449.55 50.00 1,761.00 446.12 388.97 153.00 144.00 7,245.00 900.00 624.00 572.00 549.25 50.00 165.65 3,765.00 50.00 665.00 50.00 Check Total 2,200.00 391.20 124.94 449.55 50.00 1,761.00 835.09 297.00 7,245.00 900.00 1,745.25 50.00 165.65 3,765.00 50.00 665.00 50.00 Paged apChkLst 08/21/2003 1:56:13PM Bank: union UNION BANK OF CALIFORNIA Check # Date 86046 08/21/2003 86047 08/21/2003 86048 08/21/2003 Vendor 002878 BUSINESS INFORMATION 000154 CSMFO 000154 CSMFO 86049 08/21/2003 000128 CALSURANCEASSOCIATESI 86050 08/21/2003 86051 08/21/2003 86052 08/21/2003 002520 CALIFORNIA'PS 86053 08/21/2003 006647 CARIDI, JENNIFER 86054 08/21/2003 86055 08/21/2003 86056 08/21/2003 86057 08/21/2003 Final Check List CITY OF TEMECULA (Continued) Description Crystal reports & outlook training Operating budget award application f Capital budget award application Fee 18690 Mercedes Stamp Fee O'Grady Public Official Bond 28690 Memedes property insurance 28690 Memedes Proped7 insurance 005071 CALIF ASSOC OF PARKS Membership:5 TCSD Commissioners 005384 CALIFORNIA BAGEL BAKERY & Refreshments: Council closed mtg Polo Shirts for Citizen Corps Prgm Refund: Skyhwk Tennis Camp 000131 CARL WARREN & COMPANY I Claim adjuster services 006663 CHARETTE, STEVE 000137 CHEVRON U S A INC 006660 CMTA 86058 08/21/2003 001193 COMP U S A INC 86059 08/21/2003 86060 08/21/2003 86061 08/21/2003 000447 COMTRONIXOF HEMET 006662 COPIES & MORE 004569 DAVID TAUSSIG & ASSOCIATE 86062 08/21/2003 005774 DEANS WHOLESALE FLOWER EE computer pumhase prgm Fuel expense for city vehicle Treasury Mgmt Cf:9/17-19/03:VonRic Misc. Computer Supplies: Info Sys Misc. Computer Supplies: Info Sys Install radio in fire vehicle Tern Citizen's Corp flyers Consulting srvcs:Redpaugh/Buttedield TCSD instructor earnings Amount Paid 1,200.00 50.00 25.00 577.50 350.00 194.82 165.00 181.02 435.31 90.00 2,556.79 188.39 350.00 295.89 162.10 1,696.16 215.50 3,246.39 480.00 Page: 2 Check Total 1,200.00 50.00 25.00 1,205.96 165.00 181.02 435.31 90.00 2,556.79 777.84 188.39 350.00 457.99 1,696.16 215.50 3,246.39 480.00 Page2 apChkt.st Final Check List 08/2112003 1:56:13PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date 86063 08/21/2003 86064 08/21/2003 86065 08/21/2003 Vendor 005291 DEGANGE, JOHN 000684 DIEHL EVANS & COMPANY LLP 002981 DYNA MED 86066 08/21/2003 001380 E SI EMPLOYMENT SERVICES 86067 08/21/2003 000395 ECONOMIC DEVELOPMENT CO 86068 08/21/2003 86069 08/21/2003 86070 08/21/2003 86071 08/21/2003 O03223 EDAW INC 000161 EDEN SYSTEMS INC 005052 EMCOR SERVICE 000164 ESGIL CORPORATION 86072 08/21/2003 004464 EXXONMOBILCARD SERVICES 86073 08/21/2003 86074 08/21/2003 86075 08/21/2003 000165 FEDERAL EXPRESS INC 006649 FIFE, ALISON 001135 FIRST CARE INDUSTRIAL MED (Continued) Description Amount Paid Reimb:Accela Conf:7/28-30:LasVegas 121.01 5,700.00 27.91 CR&R Franchise Fee audit svcs Misc. aquatics supplies Temp help PPE 8/8 Heer Temp help PPE 8/8 Rush Temp heip PPE 8/8 Bragg Temp help PPE 8/8 Montecino Temp help PPE 8/8 Kanigowski Temp help PPE 8/8 Cammarota Temp help PPE 8/8 Jones Temp help PPE 8/8 Seng Temp help PPE 7/25 Montecino Temp help PPE 7/11 Montecino Temp help PPE 8/8 Novotny Qrty Mtg:8/28:GY/JO/GW/GR 2,735.20 1,908.00 1,710.72 1,413.73 1,410.40 1,358.41 1,320.23 1,176.80 1,172.00 1,048.56 736.73 100.00 Jul Biological svcs: Pala Bridge Credit: Travel expenses are not in Ann'l User Conf:10/6-9/03:Staff 799.78 -19.91 1,950.00 H.V.A.C. repair @ CRC 255.00 6,202.52 244.15 135.88 25.00 305,00 July plan check svcs: BIdg & Safety Fuel expense for City vehicles Express mail services Refund: Intm:Martial Arts Employee physicals and drug testing. Page: 3 Check Total 121.01 5,700.00 27.91 15,990.78 100.00 779.87 1,950.00 255.00 6,202.52 244.15 135.88 25.00 305.00 Page3 apChkLst 08/21/2003 1:56:13PM Final Check List CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 66076 08/21/2003 000177 GLENNIES OFFICE PRODUCTS 86077 08/21/2003 001609 GREATER ALARM COMPANY I Amount Paid Office Supplies: Fire Stn Office Supplies: Bldg & Safety Office Supplies; TCSD Office Supplies: City Clerk Office supplies: PW Office Supplies: Finance Dept Office Supplies: Eco Devel Office Supplies: Human Resoume Office supplies:City Manager Office Supplies: RDA & Low/Mod Office Supplies: Corem Rec Ctr Office Supplies: Info Sys Sep-Nov Alarm Srvcs: Police Storefmnt 713.22 691.09 615.92 511.32 357.56 339.90 324.71 279.25 156.86 139.56 125.47 124.95 66.00 86078 08/21/2003 006659 GRIFFITH, RONALD Cad Zone Conf:7/8-10/03:San Diego 158.51 21.17 585.21 500.80 145.63 50.00 678.30 86079 08/21/2003 005157 GUERRIERO, RON Reimb:Planner's Instituta:3/20-21/03 86080 08/21/2003 000186 HANKS HARDWARE INC Hardware Supplies: Fire Dept 86081 08/21/2003 002372 HARMON, JUDY TCSD instructor earnings 86082 08/21/2003 006450 HEMETVALLEY TOOL & SUPP Weatherguard Art Cart Vehicle 86083 08/21/2003 006639 HUTH, GREGORY Refund:Parking Citation #0581 86084 08/21/2003 001517 INTEGRATED INSIGHTS DBA: H Aug EE assistance program 86085 08/21/2003 86086 08/21/2003 001407 INTER VALLEY POOLSUPPLY I 003266 IRON MOUNTAIN OFFSITE Pool sanitizing chemicals pool sanitizing chemicals Records mgmt microfilm storage unit 292.43 209,79 382,75 86087 08/21/2003 001186 IRWIN, JOHN TCSD instructor earnings 116.00 86088 08/21/2003 000206 KINKOS INC Stationery paper/misc supplies 21.44 86089 08/21/2003 006658 KURLYWOWICZ, PETER Cad Zone Coof:7/8-10/03:San Diego 143.37 Page: 4 Check Total 4,379.81 66.00 158.51 21.17 585,21 500.80 145.63 50.00 678.30 502.22 382.75 116.00 21.44 143.37 Page~ apChkLst 08/21/2003 1:56:13PM Bank: union UNION BANK OF CALIFORNIA Check # Date 86090 08/21/2003 86091 08/21/2003 86092 08/21/2003 Vendor 006498 LIFESCAPES MAGAZINE 004087 LOWE'S 003782 MAIN STREET SIGNS Final Check List CITY OF TEMECULA (Continued) Description Aug/Sept Eco Devel Advertising Misc hardware supplies: Fire Dept street signs & overlays:PW Maint Div street sign/object markers:PW Maint D 86093 08/21/2003 001967 MANPOWERTEMPORARYSER temphelpPPES/03Dankworth Amount Paid 300.00 125.81 225.20 74.35 816.75 86094 08/21/2003 86095 08/21/2003 86096 08/21/2003 86097 08/21/2003 86098 08/21/2003 006488 MANSILLA, NEAL 000220 MAURICE PRINTERS INC 006646 MCCALL, TAMARA 006571 MELODY'S AD WORKS 004951 MIKE'S PRECISION WELDING I 86099 08/21/2003 001892 MOBILE MODULAR reimb:Fire Prev. 2B:7/28-8/01 High Country magazine printing svcs Refund:CPR Training Reimb. expenses:Hot Summer Nights Reimb. expenses:Street Painting Festive upgrade equipment @ Sports Park Aug modular bldg rental:Fire Sm 92 227.79 2,782.11 25.00 326.67 121.14 280.00 777.96 86100 08/21/2003 86101 08/21/2003 86102 08/21/2003 86103 08/21/2003 006146 MT SAN JACINTO COMMUNITY books used for training:l.S. 004490 MUSCO SPORTS LIGHTING INC replace balffield lamps @ var. parks 002925 NAPA AUTO PARTS 005608 NEUMAN, JASON Medic Squad vehicle parts/supplies Reimb:Prevention 2B:7/28-8/01 86104 08/21/2003 002139 NORTH COUNTY TIMES- A'I-FN: Jul RDA Hot Summer Nights ads 86105 08/21/2003 86106 08/21/2003 86107 08/21/2003 006592 O'DONNELL SCHOOL OF MUSI 002105 OLD TOWN TIRE & SERVICE 004491 OLDTYME FOLK TOSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings City vehicle maint/mpair svcs City vehicle maint/repair svcs Entertainment: Hot Summer Nights 532.00 1,767.83 297.47 162.19 595.89 980.00 512.00 384.00 91.96 23.50 600.00 Page: 5 Check Total 300.00 125.81 299.55 816.75 227.79 2,782.11 25.00 447.81 280.00 777.95 532.00 1,767.83 297.47 162.19 595.89 1,876.00 115.46 600.00 Page5 Final Check List Page: 6 apChkLst CiTY OF TEMECULA 08/21/2003 1:56:13PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86108 08/21/2003 003299 OLDERTHANDIRTGANG 86109 08/21/2003 86110 08/21/2003 86111 08/21/2003 002668 OMEGA LAKE SERVICES 006657 PAYNE, CHRIS 003218 PELA 86112 08/21/2003 006650 PHILLIPS, MADGA 86113 08/21/2003 000252 POLYCRAFTINC 86114 08/21/2003 000254 PRESS ENTERPRISE COMPAN 86115 08/21/2003 006643 PRIME ONE FINANCIAL 86116 08/21/2003 000981 R H FINC 86117 08/21/2003 86118 08/21/2003 86119 08/21/2003 000262 RANCHO CALIF WATER DIST 005972 RAU, ANDY, J. 004584 REGENCY LIGHTING 86120 08/21/2003 000526 REGENTS OF UNIVERSITY OF 86121 08/21/2003 86122 08/21/2003 86123 08/21/2003 (Continued) Description Entertainment: Hot Summer Nights Jul Duck Pond water maint, svcs ee computer loan prgm Jul plan check svcs:Planning Refund:Martial Arts-Tai Chi Beg. Qty 54 10x10 City Seal Decals Jul RDA Hot Summer Nights ads Jul recruitment ads for H.R. dept Ju~ var. public notices:City Clerk Refund:Sports-SB Mens League repa[r/maint of radar equipment:P.D. Various water meters Entertainment:summer nights Museum electrical supplies CFD seminar:10/24/03:G.B./M.D. 003742 REHAB FINANCIAL CORPORATI Jul RDA loan collection svcs 006483 RICHARDS, TYREASHA, I. 000266 RIGH~VAY 86124 08/21/2003 000352 RIVERSIDE CO ASSESSOR TCSD Instructor Earnings equipment rental - Long Cyn Creek Pa equipment rental - Riverton Park equipment rental - Veteran's Park 39 Assessor maps Amount Paid 500.00 822.00 1,922.36 7,840.00 35.00 1,825.82 1,303.20 1,262.48 241.10 50.00 62.00 11,275.73 600.00 171,97 490.00 24.00 640.00 216.38 77.94 59.79 117.00 Check Total 500.00 822.00 1,922.36 7,840.00 35.00 1,825.82 2,806.78 50.00 62.00 600.00 171.97 490.00 24.00 640.00 354.11 117.00 Page~ Final Check List apChkLst CI'I'~ OF TEMECULA 08/21/2003 1:56:13PM Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued} Check # Date Vendor Description 86125 08/21/2003 000411 RIVERSIDE CO FLOOD Amount Paid plan check fees for Pala Rd imprv. 187.20 Check Total 187.20 86126 08/21/2003 001365 RIVERSIDE COUNTY OF renewpermit:TCC 368.00 368.00 86127 08/21/2003 000873 ROBERTS, RONALD H. 86128 08/21/2003 006648 ROLSETH, TAMARA Reimb:S.C.A.G.R.C. mtg:7/31/03 Reimb:Sister Cities Conf:7/23-25/03 Refund:Martial Arts-Tai Chi Beg. 32.15 6.00 35.00 38.15 35.00 86129 08/21/2003 006227 RUSH, BRANDI Reimb:Accela Conf:7/27-30/03 186.35 186.35 86130 08/21/2003 006651 SANCHEZ, JERI Refund:Sports-BB Fundamentals 40.00 40.00 86131 08/21/2003 006176 SANTA ANA COLLEGE add'l fees:Prev. 2C class:J.M./J.N./K.C 45.00 45.00 86132 08/21/2003 005755 SCANLON, TERRY Reimb:Cad Zone:7/08-10/03 99.13 99.13 86133 08/21/2003 006554 SHAFFER, FRED Entertainment:Smr Nights:8/01 & 8/15 600.00 600.00 86134 08/21/2003 000645 SMART & FINAL INC 86135 08/21/2003 000537 SOCALIF EDISON 86136 08/21/2003 001212 SO CALIF GAS COMPANY Supplies for Teen Council Fundraisers Fire prev. supplies for 4th of July Supplies for Teen Council Fundraisers supplies for Family Fun Nights Aug 2-00-397-5059 various mtrs Aug 2-24-817-8717 Old Kent Park Aug 2-24-628-8963 Btdld Stage var. City facilities gas meters 249.25 200.69 178.43 77.24 4,392.69 268.29 28.17 432.35 705.61 4,689.15 432.35 86137 08/21/2003 005244 SOCIETY FOR HUMAN 10/1/03-9/30/04 mbrshp dues:B.Gutier 160.00 160.00 86138 08/21/2003 006640 SOLID INTEGRATION Refund:Sports-BB Mens League 50.00 50.00 86139 08/21/2003 000519 SOUTH COUNTY PEST CRC pest control svcs 90.00 90.00 86140 08/21/2003 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings TCSD Instructor Earnings 560.00 192.00 752.00 Page~ apChkLst Final Check List Page: 8 08/21/2003 1:56:13PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86141 08/21/2003 000305 TARGET STORE 86142 08/21/2003 006465 TEMECULAAUTO REPAIR 86143 08/21/2003 004209 TEMECULA SUNRISE ROTARY 86144 08/21/2003 86145 08/21/2003 86146 08/21/2003 86147 08/21/2003 86148 08/21/2003 86149 08/21/2003 000515 TEMECULAVALLEY CHAMBER 003067 TEMECULA VALLEY R V SERV 004274 TEMECULA VALLEY SECURITY 003031 TRAFFIC CONTROL SERVICE I 006563 TYLER, WILLIAM 002702 U S POSTAL SERVICE 86150 08/21/2003 004846 UNITED GREEN MARK INC 86151 08/21/2003 86152 08/21/2003 86153 08/21/2003 000792 UNIV OF CALIF RVSD 000854 URBAN LAND INSTITUTE 004261 VERIZON CALIFORNIA 86154 08/21/2003 003487 VETERANS OF FOREIGN WAR 86155 08/21/2003 000621 WESTERN RIVERSIDE COUNC (Continued) Description Amount Paid Check Total Supplies for SMART Prgm Supplies for SMART Prgm Supplies for SMART Prgm supplies for Sister Cities Prgm Medic Squad vehicle maint svcs Medic Squad vehicle maint svcs Fire Pray. vehicle maint svcs Fire Prey. vehicle maint svcs Jul-Sept bus benches agrmnt pmt FY 03/04 Sponsorship qtfly pmt repair/maint:Police Command Post Tr CRC locksmith svcs 235.64 149.24 124.36 15.20 875.27 661.16 661.16 74.73 3,000.00 37,000.00 533.70 9.00 524.44 2,272.32 3,000.00 37,000.00 533.70 9.00 Reflective vests for PW Maint Div 113.14 113.14 Reimb:Cad Zone:7/8-10/03 116.89 116.89 Postage meter deposit misc. irrigation suppl[es:TCSD Bronze Spnrshp/Director's Lunchecn:l renew membership #35248:G.T. 4,724.13 19.06 500.00 170.00 4,724.13 19.06 500.00 170.00 Aug xxx-5072 general usage Aug xxx-0073 genera[ usage Aug xxx-1473 P.D.Storafmnt Stn Aug x.,o(-1603 City Hall Aug xxx-0561 general usage Aug xxx-8573 general usage Aug xxx-3923 Stone FY 02-03 Comm. Svc. Funding Award July 2003 TUMF Fees 8,563.23 1,001.29 123.70 89.58 33.16 31.45 27.57 3,000.00 19,950.00 9,869.98 3,000.00 19,950.00 Pages apChkLst 08/21/2003 1:56:13PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86156 08/21/2003 006661 WILLIAMS, SUSAN 86157 08/21/2003 006645 ZACCURI, GABRIELLE Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Reimb:Accela Conf:7/27-31/03 Refund:Grading Depst 18922 map 206.27 3,751.00 Sub total for UNION BANK OF CALIFORNIA: Page: 9 Check Total 206.27 3,751.00 209,458.61 Page9 Final Check List epChkLst CITY OF TEMECULA 08~28~2003 t1:1t:19AM Page: 11 153 checks in this report. Grand Total All Checks: ~ 521.261.83 Detail 08/28/2003 001 332,877.15 165 4,068.27 190 79,248.64 192 79.45 193 13,037.50 194 539.51 210 2,496.32 280 56,284.17 300 647.21 320 18,220.82 330 8,358.78 34O 5,404.01 521,261.83 Page:l 1 apChkLst 08/28/2003 11:11:19AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 171 08/28/2003 000444 INSTATAX (EDD) Final Check List CITY OF TEMECULA Page: I 172 08/28/2003 000283 INSTATAX (IRS) 173 08/28/2003 174 08/28/2003 175 08/28/2003 86158 08/28/2003 86159 08/28/2003 004148 AT&T 86160 08/28/2003 86161 08/28/2003 86162 08/28/2003 Description State Disability Ins Payment Federal Income Taxes Payment 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Prat 000389 U S C M WEST (OBRA), 005126 A E G SOLUTIONS 000745 A T & T WIRELESS SERVICES 002038 ACTION POOL & SPA SUPPLY 002877 ALTA LOMA CHARTER LINES 86163 08/28/2003 005530 AMADOR, PETER 86164 08/28/2003 001375 AMERICAN CONSTRUCTION 86165 08/28/2003 86166 08/28/2003 86167 08/28/2003 86168 08/28/2003 86169 08/28/2003 004599 AQUARIUM OF THE PACIFIC 003376 ARTS COUNCIL, THE 005570 BALBOA ART CONSERVATION 006668 BECHTOLD, RENAE 006690 BEST WESTERN OBRA - Project Retirement Payment Auto CAD Drawing supplies:ClP Div Long distance svcs; P.D. Wireless intemet svcs: Fire Dept Pool sanitizin9 chemicals Day camp excursion bus svc:Medievai SMART Excursion bus svc: S.D.Zoo Day camp excursion bus svc: Brunsw FY 01/02 Cfd 88-12 reimbursement ACtA membership:Doug Armstrong SMART excursion: Lg Beach Aquari Sprg/Fall concerts production svcs Conse~/ation of Mission art: Museum Conservation of Vail Ranch Art Refund: Security Depst/Room Rental HtI:PALS Tm:9/22-23:Rawling:122664 Amount Paid 15,670.19 62,421.68 17,074.53 57,460.13 4,534.38 604.59 155.11 60.60 41.44 1,266.16 566.42 275.69 185.46 125.00 359.50 41,500.00 520.00 205,00 205.00 108.90 Check Total 15,670.19 62,421.68 17,074.53 57,460.13 4,534.38 604.59 155.11 60.80 41.44 2,108.27 185.46 125.00 359.50 41,500.00 725.00 205.00 108.90 Page:l apChkLst 08/28/2003 11:11:19AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86170 08/28/2003 006673 BRANDER, LESLIE 86171 08/28/2003 86172 08/28/2003 86173 08/28/2003 86174 08/28/2003 86175 08/28/2003 006665 BRINGAS, GABRIELA 004176 BROADWING 003222 BROCKMEIER, CAROL Final Check List CITY OF TEMECULA (Continued) Description Refund: Sports:BB Fundamentals Refund: Lvl 3/l'oddler Swim Lessons Long distance &intemet svcs Reimb:Accela Conf:7/27-31:LasVegas Amount Paid 004081 BUSINESS FURNITURE GROUP Mobile Pedestals: B&S dept 006670 CABELLO, MARGIE Refund: Parent & Me Swim Lessons 40.00 55.00 1,208.54 213.62 3,040.30 25.00 86176 08/28/2003 000484 CALIF ASSN FOR LOCAL 86177 08/28/2003 006689 CALIF DEPT OF FORESTRY 86178 08/28/2003 86179 08/28/2003 86180 08/28/2003 86181 08/28/2003 86182 08/28/2003 006684 CALIFORNIA BUSINESS 004971 CANON FINANCIAL SERVICES, 000131 CARL WARREN & COMPANY I 006597 CARLETON, LORRI 004381 CENTER FOR HEALTHCARE 86183 08/28/2003 005417 CINTAS FIRST AID & SAFETY 86184 08/28/2003 86185 08/28/2003 86186 08/28/2003 002989 CLEAR IMAGE WINDOW CLEA 004405 COMMUNITY HEALTH CHARI 001193 COMP U S A INC 03/04 Membership: Shawn Nelson Fire Control III Trng publications Refund:Planning Fees 42201 Zevo Dr Sept lease pmt for City Copiers Stn 73 Sept copier lease pmt Claim adjuster services Refund: Sci Adv Camp-Wings Flying PALS provider wkshp:9/22-23:Rawling First aid supplies for PW Maint First aid kit for TCSD vehicle First aid kit for TCSD vehicle First aid kit supplies for City Hall First aid supplies for B&S vehicles Clean City Hall glass canopy Community Health Charities Payment Misc. Computer Supplies IS 445.00 185.00 9.92 6,727.20 149.77 75.77 254.00 213.41 236.89 86.04 81.89 54.20 28.55 45.00 173.50 384.23 Page: 2 Check Total 40.00 55.00 1,208.54 213.62 3,040.30 25.00 445.00 185.00 9.92 6,876.97 75.77 254.00 213.41 487.57 45,00 173.50 384.23 Page2 apChkLst 08/28/2003 11:11:19AM Bank: union UNION BANK OF CAMFORNtA Check # Date Vendor Final Check List CiTY OF TEMECULA (Continued) Description Amount Paid 86187 08/28/2003 002147 COMPLIMENTS COMPLAINTS & Entertainment: Summer Concert Serie 86188 08/28/2003 86189 08/28/2003 86190 08/28/2003 86191 08/28/2003 000442 COMPUTER ALERT SYSTEMS 002405 COMPUTER PROTECTION TEC 002945 CONSOLIDATED ELECTRICAL Security alarm repaim: City Hall Data Center Room UPS Backup Maint Electrical supplies for park sites 86193 08/28/2003 86194 08/28/2003 86195 08/28/2003 86196 08/28/2003 86197 08/28/2003 006679 DUCHI, SHARON 86198 08/28/2003 002981 DYNA MED 003739 CO3-rON BRIDGES ASSOCIATE Jun-Jul updates to city general plan 86192 08/28/2003 004123 D L PHARES & ASSOCIATES Sept Lease/Maint:OId Town Storefront 004569 DAVID TAUSSIG & ASSOCIATE Consulting srvcs:Roripaugh Ranch CF 002990 DAVID TURCH & ASSOCIATES Sept Federal lobbyist svcs 006484 DAVIS, DEREK Entertainment: Summer Concert 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 Refund: Center Stage Kids-Choir CRC Aquatics supplies 86199 08/28/2003 006672 EASTERBROOK, CARY Refund: Center Stage Kids-Choir 86200 08/28/2003 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 86201 08/28/2003 005251 EQUIPMENT REPAIR SERVICE Vehicle Repairs for PW Maint 86202 08/28/2003 000165 FEDERAL EXPRESS INC Express mail services Express mail services Express mail services: Low/Mod Hous 86203 08/28/2003 001511 FIELDMAN ROLAPP & ABSOClA Financial Svcs: Wolf Creek CFD Financial Svcs: Buttedield CFD 86204 08/28/2003 000166 FIRST AMERICAN TITLE Lot book reprt: Weber 800.00 65.00 1,850.00 62.50 11,087,80 2,019.87 3,978.07 3,000.00 800.00 641.02 110.00 209.30 110.00 7.17 900.11 132.66 54.21 24.28 2,779.78 1,498.00 150.00 Page: 3 Check Total 800,00 65.00 1,650.00 62.50 11,087.80 2,019.67 3,978.07 3,000.00 800.00 641.02 110.00 209.30 110.00 7.17 900.11 211.15 4,277.78 150.00 Page3 apChkLst 08/28/2003 11:11:19AM Bank: union UNION BANK OF CALIFORNIA Check # Date 86205 08/28/2003 86206 08/28/2003 86207 08/28/2003 86208 08/28/2003 86209 08/28/2003 Vendor 003347 FIRST BANKCARD CENTER 006693 FRINK, SANDY 006671 GAYDEN, MICHELLE 006595 GFI USA INC 004607 GRACE BUILDING 86210 08/28/2003 006681 GUTIERREZ, EVANGELINA 86211 08/28/2003 86212 08/28/2003 86213 08/28/2003 86214 08/28/2003 86215 08/28/2003 Final Check List CITY OF TEMECULA (Continued) Description 004053 HABITAT WEST INC 004188 HARRIS & ASSOCIATES 006680 HARRIS, PATTY 006688 HEMET/'FEMECULAERADVISO Employment Laws Wkshp:10/2:Lanier 003106 HERITAGE SECURITY SERVlC Security svcs for July 4th events Amount Paid xx-3083 Naggar: Conf expenses xx-2576 Nelson:SW air Nelson/Yates Refd: Grading print:Calla Refund: Toddler Swim Lessons GFI Mai[ Essentials & Security Argmt Aug custodial svcs for park restrooms Refund: Center Stage Kids-Choir July Lg Cyn Detention Basin Maint. GASB 34 Inventory & Valuation svcs Refund: Sports-Multi- Sports 1,473.56 115.00 3,751.00 22.00 3,595.00 4,315.00 110.00 761.66 4,998.00 22.00 76.00 2,318.35 22.70 15.00 24.26 7,003.60 100.00 2,500.00 190.72 86216 08/28/2003 005748 HODSON, CHERYL 86217 08/28/2003 86218 08/28/2003 86219 08/28/2003 86220 08/28/2003 86221 08/28/2003 Support Payment 006683 HUHTA, TAMMY Refund:Smart Excursions 000193 ICMA Book:Upgrading City Hall 42666 000194 I C M A RETIREMENT TRUST 45 I C M A Retirement Payment 006687 IBARRA, DIVINIA 006421 iN THE LOOP GOLF Refund: Security deposit Marketing Pgrm:Calif Golf website 86222 08/28/2003 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals Page: 4 Check Total 1,588.56 3,751.00 22.00 3,595.00 4,315.00 110.00 761.66 4,998.00 22.00 75.00 2,318.35 22.70 15.00 24.26 7,003.60 100.00 2,500.00 190.72 Page~ apChkLst 08/28/2003 11:11:19AM Check # 86223 Bank: union UNION BANK OF CALIFORNIA Date Vendor 08/28/2003 000750 INTOXIMETERS INC 86224 08/28/2003 006183 J & M CONTRACTING, iNC. 86225 08/28/2003 86226 08/28/2003 86227 08/28/2003 86228 08/28/2003 86229 08/28/2003 006666 JUSTUS, JEAN~- ~ ~ E 006667 KECK, DAN 006677 KIESTER, LARA Final Check List CITY OF TEMECULA (Continued) Description Repair & maint alcohol sensors: Polic prof Bioaemsal svcs: C. Museum Refund: Tiny Tots-Creative Beg Refund: Summer Day Camp Refund: Center Stage Kids:Choir 004905 LIEBERT, CASSIDY&WHITMOR July HR legal svcs for TE060-#00001 Amount Paid 353.84 1,100.00 125.25 83.00 110.00 1,152.00 006653 LI'I-I'LE TIKES COMMERCIAL 86230 08/28/2003 000996 LOCAL GOVERNMENT PUBLIC 86231 08/28/2003 86232 08/28/2003 86233 08/28/2003 86234 08/28/2003 004087 LOWE'S 004141 MAINTEX INC 004068 MANALILI, AILEEN Spring assembly parts:Temeku Hills P Calif Land Use publication: Council Hardware supplies: TCSD TCC custodial supplies TCSD Instructor Earnings 001967 MANPOWERTEMPORARYSER temphelpw/e8/17Dankworth temp help w/e 8/10 Dankwo~th 86235 08/28/2003 006586 MARSH, DEBRA 86236 08/28/2003 86237 08/28/2003 86238 08/28/2003 86239 08/28/2003 86240 08/28/2003 000220 MAURICE PRINTERS INC 006674 MILBY, DANIELLE 001384 MINUTEMAN PRESS 004162 MONSTER.COM 006686 MORALES, LORENA Refund:Teen - Kitchen Survival pdnting svcs:lnside Ternecula Printing svcs:Commission Recogn. Refund:Parent & Me Swim Lessons Business cards:Support Svcs var ee recruitment ads for H.R. dept Refund:Gymnastics - Terrific Twos 244.28 99.76 40.46 131.92 910.00 594.00 594.00 6.00 5,288.37 258.60 25.00 54.58 2,430.00 83.00 Page: 5 Check Total 353.84 1,100.00 125.25 83.00 110.00 1,152.00 244.28 99.76 40.46 131.92 910.00 1,188.00 6.00 5,546.97 25.00 54.58 2,430.00 83.00 Page5 apChkl-st 08/28/2003 11:11:19AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86241 08/28/2003 006287 MURPHY, MELISSA 86242 08/28/2003 86243 08/28/2003 86244 08/28/2003 000718 NATIONAL RECREATION/PARK 004401 NU VISION PRODUCTIONS 002105 OLD TOWN TIRE & SERVICE 86245 08/28/2003 86246 08/28/2003 86247 08/28/2003 86248 08/28/2003 86249 08/28/2003 006675 PINA, MARIA 86250 08/28/2003 86251 08/28/2003 86252 08/28/2003 86253 08/28/2003 Final Check List CITY OF TEMECULA (Continued) Description Refund:Tiny Tots - Creative Beg. renew membemhip:H.Parker VHS tape dupl.svcs:Every 15 Min Pr City vehicle mpair/maint svcs City vehicle repair/maint svcs City vehicle repair/maint svcs City vehicle repair/maint svcs City vehicle repair/maint svcs City vehicle repair/maint svcs City vehicle repair/maint svcs 001619 ORANGE COUNTY REGISTER I var. recruitment ads for H.R. dept Aug recruitment ads for H.R. dept. 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 000249 P~ I I Y CASH Petty cash reimbursement Petty cash reimbursement 000580 PHOTO WORKS OF TEMECULA Jul film/photo developing:TCSD 000252 POLYCRAFTINC 005939 POMMER, APRIL, I 000253 POSTMASTER 006084 POWER DISTRIBUTORS INC 86254 08/28/2003 003155 PRICE CHOPPER INC 86255 08/28/2003 002880 PRO-CRAFT SASH & SUPPLY 86256 08/28/2003 004863 R M S FOUNDATION Refund:Summer Day Camp Police taxi permit labels TCSD Instructor Earnings Express mail & postal svcs replace ballf[eld light lamps:Sports Prk Aquatic wristbands for public swim Res Imp Prgrn: Flores, John & Lisa htI:CMRTA Cf:10/14-17:Long Beach:# Amount Paid 30.00 320.00 656.92 255.52 193.57 120.30 104.05 94.40 19.19 19.19 565.82 305.18 227.08 589.15 489.63 360.94 85.00 302.78 102.40 112.30 860.00 580.00 617.41 379.68 Page: 6 Check Total 30.00 320.00 656.92 806.22 871.00 227.08 1,078.78 360.94 85.00 302.78 102.40 112.30 860.00 580.00 617.41 379.68 Page~ apChk~st 08/28/2003 11:1t:19A~ Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86257 08/28/2003 000879 RADISSON HOTEL 86258 08/28/2003 000262 RANCHO CALIF WATER DIST 86259 08/28/2003 86260 08/28/2003 86261 08/28/2003 86262 08/28/2003 000947 RANCHO REPROGRAPHICS 006695 RANCHO RV STORAGE 004584 REGENCY LIGHTING 002110 RENTAL SERVICE CORPORATI 86263 08/28/2003 000353 RIVERSIDE CO AUDITOR 86264 08/28/2003 000418 RIVERSIDE CO CLERK & 86265 08/28/2003 86266 08/28/2003 86267 08/28/2003 86268 08/28/2003 86269 08/28/2003 000277 S & S ARTS & CRAFTS 86270 08/28/2003 86271 08/28/2003 86272 08/28/2003 86273 08/28/2003 86274 08/28/2003 000267 RIVERSIDE CO FIRE 000268 RIVERSIDE CO HABITAT 001097 ROADUNE PRODUCTS INC Final Check List CiTY OF TEMECULA (Continued) Description htl:Child Injury Cntd Cf:9/21-5:267039 Various water meters Aug 01-23-01075-1 Crowne Hill Dr. dup. blueprints:J.W. Assessment Dist. dup. blueprints:J.W. Assessment Dist. Refund:permit:applic. withdrawn electrical supplies for Old Town equipment rental - Margarita/Margaret equipment rental - Margarita/Margaret Jun '03 parking citation assessments Filing fee:Ntc/Determination:J.W. Prjt. Hazmat FRO:S.Branaugh:9/20-21/03 July 2003 K-Rat payment PW Maint stencil truck supplies 006669 ROBERTJOHNNAPIERSOCCE Refund:Sec. Deposit:6/23/03 006692 SAM'S CLUB 005227 SAN DIEGO COUNTY OF 006691 SAN DIEGO STATE UNIVERSIT 006694 SAN MANUEL BAND OF Family Fun Nights supplies computer lean prgm:R.Rush Support Payment Childhood Injury Cntri Cf:9/22-25 Instructor 1A:9/30-10/7:M.Horton 005278 SCIENCE ENRICHMENT SRVCS TCSD Instructor Eamings Amount Paid 302.28 12,200.03 680.40 60.34 21.98 11,118.00 218.78 234.86 57.12 2,188.00 1,314.00 29.00 91,000.00 1,502.14 100.00 264.83 1,656.34 132.00 225.00 105.00 10,774.24 Page: 7 Check Total 302.28 12,880.43 82.32 11,118.00 218.78 291.98 2,188.00 1,314.00 29.00 91,000.00 1,502.14 100.00 264.83 1,656.34 132.00 225.00 105.00 10,774.24 Page~ apChkLst 08/28/2003 11:11:19AM Final Check List CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86275 08/28/2003 000385 SHELDON EXTINGUISHER COM 86276 08/28/2003 000751 SKILLPATH INC (Continued) Description fire extinguisher maint svcs:var fire extinguisher rnaint svcs:CRC tire extinguisher rnaint svcs:City Hall fire extinguisher maint svcs:TCC fire extinguisher maint svcs:West Win fire extinguisher maint svcs:Sr Ctr fire extinguisher rnaint svcs:Code Enf fire extinguisher maint svcs:C,M.vehicl Adrnin. Assistants Conf:9/30:San 86277 08/28/2003 000645 SMART & FINAL INC 86278 08/28/2003 000537 SO CALIF EDISON 86279 08/28/2003 000519 SOUTH COUNTY PEST 86280 08/28/2003 005786 SPRINT Junior Lifeguard Supplies CRC recreation supplies recreation supplies for High Hopes recreation supplies for MPSC SMART Prgrn supplies recreation supplies for MPSC Supplies for Teen Council Fundraisers Aug 2-19-999-9442 various mtrs Aug 2-02-351-4946 Sr Center Aug 2-18-937-3152 Museum Aug 2-23-365-5992 Fire Stn 92 Aug 2-20-817-9929 P.D, Front St. Stn Aug 2-11-007-0455 6th Street Aug 2-22-891-0550 various mtrs Aug 2-18-049-6416 Front Street Aug 2-21-911-7892 So. Side prk Lot Aug 2-19-171-8568 Wedding Chpl Aug 2-21-981-4720 Hwy 79 Aug 2-24-572-8969 Front Street Aug 2-24-634-0426 Front Street Aug 2-22-496-3439 Winchester Aug 2-22-057-2226 6th Street Aug 2-24-151-6582 Overland Trl Aug 2-14-204-1615 Front St. Radio T.E.S. pool pest contro~ svcs TCC pest control svcs 7/15-8/14 acct level chrgs 86281 08/28/2003 000293 STADIUM PIZZA refreshments:SMART:8/19:Marg. ref reshrnents:S MART:8/19:Terneku refreshments:SMART:8/21 :V.Ranch ref reshments:SMART:8/21 :Pala refreshments:SMART:8/21 Amount Paid 211.63 122.45 99.92 68.77 52.50 45.00 39.95 7.50 199.00 461.79 68.82 61.07 51.84 43.92 43.43 27.11 1,931.89 1,768.89 1,054.83 606.73 387.39 376.59 333.79 215.66 112.35 98.11 62.22 43.00 42.10 39.89 39.87 13.72 9.75 39.00 36.00 33.65 118.40 108.40 93.30 93.30 64.02 Page: 8 Check Total 647.72 199.00 757.98 7,136,78 75.00 33.65 Page~ apChkLst 08/28/2003 11:11:19AM Final Check List CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 86282 08/28/2003 001972 STANLEY R HOFFMAN ASSOCl Redhawk Fiscal Analysis Amount Paid 6,492.86 86283 08/28/2003 86284 08/28/2003 002366 STEAM SUPERIOR CARPET CL 006696 STYLE ELECTRIC City Hall carpet cleaning svcs West Wing carpet cleaning svcs MP$C carpet cleaning svcs West Wing cleaning svcs Res Imprv Prgm: Idle, Luz 2,000.00 700.00 350.00 240.00 500.00 86285 08/28/2003 000305 TARGET STORE 86286 08/28/2003 005985 TECHNOLOGY INTEGRATION G recreation supplies for CRC recreation supplies for Aquatics recreation supplies for SMART Prgm recreation supplies for Star Day Camp recreation supplies for Smr Day Camp recreation supplies for SMART Prgm recreation supplies for Star Day Camp recreation supplies for Smr Day Camp recreation supplies for Star Day Camp recreation supplies for SMART Prgm Computer/Printer Supplies:l.S. 236.79 180.70 107.66 48.00 39.80 38.19 28.67 28.12 13.34 13.12 1,342.18 86287 08/28/2003 004761 TEK TIME SYSTEMS, LLC repair date/time stamp clock:Finance 105.55 86288 08/28/2003 86289 08/28/2003 86290 08/28/2003 006465 TEMECULA AUTO REPAIR 000307 TEMECULA TROPHY COMPAN 006697 TEMECULA VALLEY AUTO Fire Prey. vehicle maint svcs Medic Squad vehicle maint svcs Fire Prey. vehicle maint svcs sports leagues recreation plaques recogn, plaque:Officer Stephen Linen Upgrades to Auto Mall Sign 245.05 35.00 29.71 597.96 575.39 55,249.94 86291 08/28/2003 000306 TEMECULA VALLEY PIPE & SU var parks irrigation/maint supplies 1,208.37 86292 08/28/2003 003140 TEMECULAVALLEYTAEKWON 86293 08/28/2003 005964 TIM SKOPHAMMER GOLF TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD instructor Earnings TCSD Instructor Earnings 156.00 93.60 40.00 31.20 680.00 86294 08/28/2003 000668 TIMMY D PRODUCTIONS INC Casino Night:High Hopes Prgm;8/01 340.00 Page: 9 Check Total 6,492.86 3,290.00 500.00 734.39 1,342.18 105.55 309.76 1,173.35 55,249.94 1,208.37 320.80 680.00 340.00 Page9 apChkL.st Final Check List Page: 10 08/28/2003 11:11:19AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86295 08/28/2003 86296 08/28/2003 86297 08/28/2003 86298 08/28/2003 005937 TOMCZAK, MARIA, T. 005567 TOTLGEAR LLC 002065 UNISOURCE 000325 UNITED WAY 86299 08/28/2003 000792 UNIV OF CALIF RVSD 86300 08/28/2003 004504 VAIL RANCH SELF STORAGE 86301 08/28/2003 006682 VAN, HELENE 86302 08/28/2003 006676 VERA, MARIA 86303 08/28/2003 004261 VERIZON CALIFORNIA 86304 08/28/2003 004848 VERIZON SELECT SERVICES I 86305 08/28/2003 006678 WRIGHT, INGRID (Continued) Description Amount Paid Check Total TCSD Instructor Eamings 84.00 TCSD softball league awards 2,625.93 TCSD softball league awards 925.30 misc. paper supplies for Copy Center 1,487.57 United Way Charities Payment 253.30 Directors luncheon:10/01:J.O'Grady 40.00 Jul records storage:Records Mgmt 30.00 Aug records storage:Records Mgmt 30.00 Refund:SMART-Knott's Berry Farm 35.00 Refund:Level 2 Swim Lessons 25.00 Aug xxx-0074 general usage 259.74 Aug xxx-2626 P.D. Satelite Stn 195.42 Aug xxx-3564 Alarm 56.55 Jul long distance phone svcs 5.13 Refund:Center Stage Kids - Choir 110.00 Sub total for UNION BANK OF CALIFORNIA: 84.00 3,551.23 1,487.57 40,00 60.00 35.00 25.00 511.71 5.13 110.00 521,261.83 Page:10 apChkLst Final Check List 09/0412003 1:31:44PM CiTY OF TEMECULA Page: 8 108 checks In this report. Grand Total All Checks: 1,493,339.46 Detail 09/04/2003 001 98,066.75 165 787.67 190 43,763.11 192 3.30 193 1,500.33 194 54.83 210 176,864.52 280 860.48 300 329.59 320 40,264.36 330 3,386.13 340 12,989.64 460 1,114,468.75 1,493,339.46 Page~ apChkLst Final Check List Page: 1 09/04/2003 1:31:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description 176 08/29/2003 003228 U S BANK TRUST NATIONAL AS CFD 88-12 98A Special Tax P&I Pmt Amount Paid 1,114,468.75 86306 09/04/2003 003392 AARON BROTHERS ART & FRA 2 poster frames for fire prevention 212.25 Check Total 1,114,468.75 212.25 86307 09/04~2003 86308 09104/2003 86309 09/04/2003 000434 ACCELA.COM 002877 ALTA LOMA CHARTER LINES 000747 AMERICAN PLANNING ASSOCI Fire consulting Agrmt for Accel Wireles Fire consulting Agrmt for Accel Wireles Day camp excursion bus svc: Castle P Membership: Stephen Brown 048646 29,411.56 2,500.00 890.22 415.00 31,911.56 890.22 415.00 86310 09/04/2003 86311 09/04/2003 86312 09/04/2003 86313 09/04/2003 000101 APPLE ONE, INC. 000622 BANTA ELECTRIC-REFRIGERA 006122 BERGER, DAWN 004262 BIO-TOX LABORATORIES Temp help PPE 8/16 Delarm Temp help PPE 8/16 Lee Temp help PPE 8/16 Wills City Hall electrical repairs City Hall electrical repairs TCSD instructor earnings Police DUI Drug/Alcohol Screening 624.00 617.50 572.00 185.00 149.00 36.00 31.90 1,813.50 334.00 36.00 31.90 86314 09/04/2003 004081 BUSINESS FURNITURE GROUP Office furniture for Principal Eng 6-Office Chairs for Finance Office furniture for Fire inspectors Office furniture for B&S map room 3 office chairs for Principal Eng Office Off[ce bin & shelf: Finance dept 86315 09/04/2003 000413 CALIFDEPTOFFISH&GAME MurrietaCrkann'lmowingpermitfee 86316 09/04/2003 006485 CALIF, STATE OF ENVIRON PR EPA stn 84 EOC generator fees 86317 09104/2003 006709 CALVARY CHAPELTEMECULA Refund: Security deposit 86318 09/04/2003 86319 09/04/2003 000131 CARL WARREN & COMPANY I 006706 CARS-NET, INC. Claim adjuster services Claim adjuster services Refund: Permit fees:27215 Nicolas Rd 86320 09/04/2003 002415 CASTLE AMUSEMENT PARK Day camp excursion: 8/21/03 4,438.03 1,658.93 858.22 757.98 678.83 123.91 127.25 225.00 100.00 159.53 137.88 190.00 947.21 8,515.90 127.25 225.00 100.00 297.41 190.00 947.21 Page:l apChkLst Final Check List Page: 2 09/04/2083 1:31:44PM CITY OF TEMECULA Check # Bank: union UNION BANK OF CALIFORNIA Date Vendor 86321 09/04/2003 004210 CIRCUIT CITY 86322 09/04/2003 006553 COMMUNITY NATIONAL BANK 86323 09/04/2003 86324 09/04/2003 86325 09/04/2003 86326 09/04/2003 86327 09/04/2003 86328 09/04/2003 86329 09/04/2003 86330 09/04/2003 002945 CONSOLIDATED ELECTRICAL 006400 EASTMAN KODAK COMPANY 002939 ENVIRONMENTAL SYSTEMS R 006487 EUROPEAN CAFE & VINEYARD 003397 FIRE ENGINEERING 003174 FIREHOUSE MAGAZINE 006705 GENEST, SYLVIA 006703 GIBSON, KENDY 86.331 09/04/2003 005947 GOLDEN STATE OVERNIGHT 86332 09/04/2003 000175 GOVERNMENT FINANCE OFFI 86333 09/04/2003 86334 09/04/2003 86335 09/04/2003 86336 09/04/2003 86337 09/04/2003 86338 09/04/2003 003640 GRAYNER ENGINEERING 006702 GRIFFIN, MONICA 004217 HYDRO TEK COMPANY 001407 INTERVALLEY POOLSUPPLY I 001186 IRWIN, JOHN 000203 JOBS AVAILABLE INC (Continued) Description Amount Paid Repair to prevention digital camera Release to escrow acct:05802220 Electrical repairs @ Margarita prk Scanner Maint Agrmnt:7/1/03-6/30/04 ESRI staff tmg:8/22/03: Kanigowski Refreshments: Citizen Corps Safety E Refreshments: Council closed session lyr subscription: Fire Stn 92 lyr subscription: Fire Stn 92 Refund: 3-Back to the Beach Refund: Summer Day Camp Express Mail Service: Fire Application fee for award prgm 7/14-8/10 design svcs:C. Museum Refund: Tennis-Beg Adult Pressure washer parts: PW Maint Pool sanitizing chemicals TCSD instructor earnings Revenue manager recruitment ad 163.27 16,456.47 62.50 1,863.82 1,200.00 309.98 247.18 24.95 30.60 18.00 83.00 29.35 450.00 345.00 55,00 79.74 254.29 428.00 64.40 Check Total 163.27 16,456.47 62.50 1,863.82 1,200.00 557.16 24.95 30.00 18.00 83.00 29.35 450.00 345.00 55.00 79.74 254.29 428.00 64.40 Page2 apChkLst 09/04/2003 1:31:44PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86339 09/04/2003 003280 JON LASKIN BAND 86340 09/04/2003 86341 09/04/2003 86342 09/04/2003 86343 09/04/2003 86344 09/04/2003 86345 09/04/2003 86346 09/04/2003 86347 09/04/2003 86348 09/04/2003 86349 09/04/2003 86350 09/04/2003 86351 09/04/2003 86352 09/04/2003 86353 09/04/2003 86354 09/04/2003 86355 09/04/2003 003289 KRIEGER & STEWART INC 006711 LEN WOOD & ASSOCIATES 003726 LIFE ASSIST INC Final Check List CITY OF TEMECULA (Continued) Description Entertainment: Public Safety Expo 002424 KELLEY DISPLAY INC Film Festival banners cleaning/storage 003986 KEVIN COZAD & ASSOCIATES I John Warner waterline design svcs Redhawk annexation consulting svcs Tales from the Trenches book:HR Paramedic squad supplies: Fire Paramedic squad supplies: Fire 000213 LOCALGOVERNMENTCOMMIS Membership dues: Gary Thomhill 003782 MAIN STREET SIGNS 000217 MARGARITA OFFICIALS ASSN 006704 MARTIN, LINDA 006707 MASTER POOLS 000220 MAURICE PRINTERS INC 006489 MC KUHN, JOANNE 001905 MEYERS, DAVIDWlLLIAM 001384 MINUTEMAN PRESS 006708 MOUNTAIN VIEW COMMUNITY 001986 MUZAK INC various street signs:PW Maint Div Jul softball officiating svcs Refund:SMART-S.D. Zoo Refund:Pool/Spa Permit printing:Tem. Citizen Corp brochures reimb:Fire Prev 2B:7/28-31/03 TCSD Instructor Earnings Business Cards:B. Deyo/J. McBride Business Cards:G.Roberts/P.Brown Business Cards:P.D.Generic/B R/SL/M Business Cards:J.S./J.K./K.H. Business Cards:M. Vollmuth Refund:Sec. Deposit/Room Rental Sept music broadcast:Old Town Amount Paid 400.00 1,619.94 9,527.50 5,000.00 40.07 1,678.35 50.94 75.00 2,238.56 850.00 15.00 201.87 1,010.70 94.29 192.00 358.21 229.72 171.32 128.49 42.83 226.00 59.50 Page: 3 Check Total 400.00 1,619.94 9,527.50 5,000.00 40.07 1,729.29 75.00 2,238.56 850.00 15.00 201.87 1,010.70 94.29 192.00 930.57 226.00 59.50 Page3 apChkLst Final Check List Page: 4 09/0412003 1:31:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date 86356 09/04/2003 86357 09/04/2003 86358 09/04/2003 (Continued) Vendor Description 003964 OFFICE DEPOT BUSINESS SVS Office Supplies:Medic Squad 002105 OLD TOWN TIRE & SERVICE Office Supplies:P.D. Satellite Stn credit:items returned:Planning credit:items returned:Planning credit:items returned:Planning City vehicle mpair/maint svcs City vehicle rspair/maint svcs City vehicle repair/meint svcs Amount Paid 001171 ORIENTAL TRADING COMPANY recreation supplies:Smr Day Camp 279.81 53.12 -12.61 -34.78 -71.76 386.40 256.79 151.79 86.99 232.37 30.00 319.74 86359 09/04/2003 004538 PAULEY EQUIPMENT COMPAN var park sites equipment rental 86360 09/04/2003 006650 PHILLIPS, MADGA Refund:Hawaiian Dance Teen Beg. 86361 09/04/2003 001999 PITNEY BOWES 10/01-12/31/03 postage meter rental Check Total 213.78 794.98 86.99 232.37 30.00 319.74 86362 09/04/2003 005075 PRUDENTIAL OVERALL SUPPL Aug fir mats/towel mntahvar. City fac. 735.40 86363 09/04/2003 002793 QUICK WRAP BAGS 86364 09/04/2003 004453 R C ENTERPRISES office supplies for B&S dept. Self-Inking Stamps for Finance 81.95 60,34 81.95 86365 09/04/2003 004318 R J BULLARD CONSTRUCTION prgs pmt #5:Pech. Pkwy Soundwall 148,108.20 148,108.20 86366 09/04/2003 002176 RANCHO CALIF BUS PARK ASS Jul-Sep Bus. Prk assn. dues:lot 9/2-2 2,133.38 86367 09/04/2003 86368 09/04/2003 000262 RANCHO CALIF WATER DIST 000947 RANCHO REPROGRAPHICS Aug 01-99-02003-0 floating mtr Aug 02-79-10100-1 N.W. Sports Park dup. blueprints:Children's Museum 1,291.14 94.41 76.65 1,385.55 76.65 86369 09/04/2003 86370 09/04/2003 000266 RIGH'[WAY 000267 RIVERSIDE CO FIRE equipment rental - Vail Ranch Park equipment rental - Paseo Park Hazmat FRO:9/20-21/03:P.Albanese 216.38 61.78 29.00 278.16 29.00 86371 09/04/2003 000267 RIVERSIDE CO FIRE 86372 09/04/2003 000267 RIVERSIDE CO FIRE Hazmat FRO:9/20-21/03:N.Mansilla Hazmat FRO:9/20-21/03:L. Nottingham 29.00 29.00 29.00 29.00 Page:4 apChkLst Final Check List Page: 5 09/04/2003 1:31:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86373 09/04/2003 86374 09/04/2003 004773 RIVERSIDE CO SHERIFFS 003587 RIZZO CONSTRUCTION INC 86375 09/04/2003 006701 RUSH, MELODY 86376 09/04/2003 004598 STKARCHITECTUREINC 86377 09/04/2003 86378 09/04/2003 86379 09/04/2003 86380 09/04/2003 86381 09/04/2003 86382 09/04/2003 86383 09/04/2003 86384 09/04/2003 86385 09/04/2003 86386 09/04/2003 005929 SAN BERNARDINO CO FIRE 005929 SAN BERNARDINO CO FiRE 005929 SAN BERNARDINO CO FIRE 004014 SAN DIEGO SPORTS ARENA 006712 SERVEN, RICK (Continued) Description July 2003 Booking Fees install door:B&S dept. Drywall repairs:2nd fir/City Hall Refund:Dance-Teen/Adult Tap Jul dsgn svcs: Rodpaugh fire station Uniform Fire Code:9/16-18:S.Branaug Uniform Fire Code:9/16-18;M.Horton Uniform Fire Cede:9/16-18:P.Aibanes tickets:Disney on Ice excursion ee computer loan prgm 000385 SHELDON EXTINGUISHER COM Fire Extinguisher maint svcs:PW Amount Paid Check Total 006714 SHERATON RESTON HOTEL 004609 SHREDFORCE INC 000645 SMART & FINAL INC 000537 SO CALIF EDISON 86387 09/04/2003 000519 SOUTH COUNTY PEST 86388 09/04/2003 005786 SPRINT 2 fire extinguishers:B&S dept. fire extinguisher maint svcs:B&S dept. Fire extinguishers maint svc:City Hall Htl:Place Making Cf:9/10-1 l:Thomhill Aug doc shredding svcs:City Hall Aug doc shred svcs:P.D. Front Str. St recreation supplies:teen prgm Aug 2-00-397-5042 City Hall Aug 2-00-397-5067 various mtrs Aug 2-22-575-0876 O.T. Front Str. Aug 2-18-528-9980 Santiago Rd pest control svcs:30608 Milado Rd. Museum pest control svcs Wedding Chpl pest control svcs 7/15-8/14/03 cell phone svcs/new 8,942.40 8,942.40 810.00 350.00 1,160.00 90.00 90.00 23,487.50 23,487.50 205.00 205.00 205.00 205.00 205.00 205.00 325.00 325.00 1,411.10 1,411.10 117.40 53.77 52.50 22.50 246.17 296.08 296.08 110.00 24.00 134.00 61.10 61.10 8,040.76 921.67 264.81 45.31 9,272.55 90.60 42.00 32.00 164.00 9,630.95 9,630.95 Page5 apChkLst Final Check List Page: 6 09/04/2003 1:31:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86389 09/04/2003 000293 STADIUM PIZZA 86390 09/04/2003 001972 STANLEY R HOFFMAN ASSOCl (Continued) Description Amount Paid Check Total refreshments-SMART Prgm:8/25 refreshments-SMART Prgm Redhawk annex fiscal analysis 34.94 34.80 3,600.00 69.74 3,600.00 86391 09/04/2003 004420 STATE COMP INSURANCE FUN Aug. workers' comp premium 86392 09/04/2003 002366 STEAM SUPERIOR CARPET CL Museum carpet cleaning svcs 86393 09/04/2003 006685 STEVVART TITLE OF CALIF, INC Preliminary Title Report:28903 R.C. R Preliminary Title Report:28915 R.C. R Preliminary Title report:R.C. Rd. 86394 09/04/2003 006700 STEWART, MARGARET Refund:Gymnastics-Cheerleaders 86395 09/04/2003 Res Imp Prgm: Idle, Luz 86396 09/04/2003 Jul dsgn svcs:R.C. Bridge widen prjt 86397 09/04/2003 Recreation supplies:SMART Prgm recreation supplies:MPSC recreation supplies:Smr Day Camp 005985 TECHNOLOGY INTEGRATION G Computer and Printer Supplies 001546 STRAIGHT UNEGLASS INC 003599 TY LIN INTERNATIONAL 000305 TARGET STORE 86398 09/04/2003 86399 09/04/2003 86400 09/04/2003 86401 09/04/2003 86402 09/04/2003 86403 09/04/2003 86404 09/04/2003 86405 09/04/2003 000309 TEMECULA COPIERS 004274 TEMECULA VALLEY SECURITY 000668 TIMMY D PRODUCTIONS INC 003366 TORAN DEVELOP. & CONSTRU 006715 TREASURE ISLAND 006192 TRISTAFF GROUP 004001 U C REGENTS Jul City Hall copier usage charges K.H.Park locksmith svcs Stage for July 4th Event Repairs to the TES pool htI:EMS Cf:GA/#1916BS & TB/#1916B Temp help W/E 8/03 Milton Temp help W/E W/E 7/27 Milton Temp help W/E W/E 8/10 Milton PD-02 Constr. lnspect/Trf Sgn1:9/17-18 35,625.19 400.00 250.00 250.00 250.00 69.00 400.35 1,600.70 296.06 38.62 26.19 80.50 2,950.79 146.95 1,500.00 20,264.00 582.06 457.60 92.95 85.80 270.00 35,625.19 400.00 750.00 69.00 400.35 1,600.70 360.87 80.60 2,950.79 146.95 1,500.00 20,264.00 582.06 636.35 270.00 Page~ apChkLst 09/04/2003 1:31:44PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 86406 09/04/2003 004261 VERIZON CALIFORNIA 86407 09/04/2003 86408 09/04/2003 86409 09/04/2003 86410 09/04/2003 86411 09/04/2003 86412 09/04/2003 Final Check List CITY OF TEMECULA (Continued) Description Aug xxx-9897 general usage Aug xxx-3526 fire alarm Aug xxx-2676 general usage 004789 VERIZON INTERNET SOLUTION Aug intemet svcs:xx0544 Aug intemet svcs:xx7411 006710 VFW POST4089 Refund:Permit Fees:B03-2652/PA03- 000339 WEST PUBLISHING CORP Aug City Hall Judicial Updates 005995 WESTWAYS & JOURNEY PUBL Sept/Oct AD: Westways Magazine 003756 WHITE HOUSE SANITATION 005195 ZOOLOGICAL SOCIETY Amount Paid 89.58 29.27 69.95 69.95 1,031.40 Aug cleaning svcs:Btrfld Stage restm SMART excursion:Wild Animal Park SMART excursion to Zec:7/31/03 4,120.00 50.00 500.50 490.50 Sub total for UNION BANK OF CALIFORNIA: Page: 7 Check Total 203.68 139.90 1,031.40 145.45 4,120.00 50.00 991.00 1,493,339.46 Paget ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE_/~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance September 16, 2003 City Treasurer's Report as of July 31 ,2003 PREPARED BY: RECOMMENDATION: July 31,2003. Karen Jester, Assistant Director of Finance Pascale Brown, Senior Accountant That the City Council receive and file the City Treasurer's Report as of DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of July 31,2003. FISCAL IMPACT: None Attachments: City Treasurer's Report as of July 31,2003 Cash Activlt~ for the Month of July: Cash and Investments as of July 1, 2003 Cash Receipts Cash Disbursements Cash and Investments as of July 31, 2003 Cash and Investments Portfo0o: Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Flex Benefit Demand Deposits Local Agency Investment Fund Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Federal Agency- Callable Checking Account (Parking Citations) Certificate of Deposit (Retention Escrow) Delinquency Maintenance Account - CFD 03-12 (Investment Agreement) Delinquency Maintenance Account - CFD 00-12 (Money Market Account) Reserve Fund - CFD 80-12 (Investment Agreement) Reserve Account - CFD 03-12 (Money Market Account) Special Tax Fund - CFD 0%2 (Money Market Account) Admin Expense Fund - CPD 01-2 (Money Market Account) Vadable Bond Fund - CFD 0t-2 (Money Market Account) Capital Interest Fund - CFD 01-2 (Money Market Account) Interest Differential Fund - CFD 01-2 (Money Market Account) Capital Improvement Fund - CFD 01-02 (Money Market Account) Interest Account- ADA TABs (Money Market Account) Reserve Account - ADA TABs (Money Market Account) Project Account- ADA TABs (Money Market Account) Project Account-ADA TABs (Local Agency Investment Fund) Delivery Cost Fund - TCSD COPs (Money Market Account} Project Fund - TCSD COPs (Money Market Account) Project Fund - TCSD COPs (Loc. a[ Agency Investment Fund) City of Temecula City Treasurer's Report As of July 31, 2003 Institution City Hall Union Bank Union Bank (Highmark U,$. Treasury) Union Bank State Trassurer-LAIF Federal Home Loan Bank Federal Home Loan Mortgage Co Federar Home Loan Bank Federal Home Loan Bank Union Bank Community National Bank CDC Funding Corp U.S. Bank (First Am. Treasury) CDC Funding Cotp U.S. Bank~ =irst Am. Treasury) U.S. Bank, =irst Am. Treasury) U,S. Bank =irst Am. Treasury) U.S. Bank Firat Am. Treasury) U.S. Bank First Am. Treasury) U.S. Bank First Am. Treasury) U.S. Bank First Am. Treasury) U.S. Banh Pirst Am. Treasury) U.S. Bank First Am. Treasury) U.S. Bank First Am. Treasury) State Treasurer-LAIF U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) State Treasurer-LAIF Yield n/a n/a n/a 1,653 % 2,250 % 2,000 % 1.885 % 2.250 % n/a 5.430 % 0.520 % 5.430 % 0.580 % 0.520 % 0.520 % 0.520 % 0.520 % 0.520 % 0.520 % 0.520 % 0.520 % 0.520 % 1.653 % 0.520 0.520 % 1.653 % Purchase Date 6/19/2003 6/3012003 7/23/2003 7/2412003 Maturity/ Tem~inaflon Date 6/16/2006 6730/2006 1/23/2006 7/24/2006 9/1/2017 (1)-This amount is net of outstanding checks. (2)-At July 31, 2003 total market value (including accrued Interest) for the Local Agency Investment Fund (LAIF) was $52,134,404,699. The City's proportionate sham of that value is $68,979,163. All investments am liquid and curmnfiy available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. Market Value 1,002,500 1,000,000 1,000,000 1,000,000 $ 97,279,059 5,742,875 (8,774,981) $ 94~246~951 Pa#Book Balance $ 1,500 407,018 8,724 68,783,385 1,000,000 1,000,000 1,000,000 1,000,000 1 ITEM 5 APPROVAL CITY MANAGER ~.,/ "' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~j' Howard W~ndsor, Fire Chief~ September 16, 2003 Contract Amendment for Schirmer Engineering PREPARED BY: Jim McBdde, Fire Marshal RECOMMENDATION: That the City Council approve a second Contract Amendment with Sch~rmer Englneenng for an annual amount of $25,000 and a total contract amount of $75,000.00. ~ DISCUSSION: On July 1, 2002 the City Manager approved a contract in the amount of $25,000 with Schirmer Engineering, a Fire Protection Engineering company that performs outside plan check services on an as needed basis. On February 11, 2003 a first amendment was approved by Council for an annual amount of $25,000 and a total contract amount of $50,000. Since then a second amendment is needed to increase the maximum amount of this contract to 75,000.00. These services are utilized when staff experiences increased levels of applications that exceed staff's abilities to process within acceptable timeframes. The second amendment will provide for continued occasional use as needed for the remainder of the fiscal year. Contract and/or temporary employees in such a specialized field are not readily available or practical. VV~th plan reviewers out in the field extensively, a large percentage of plan checks ,are outsourced in order to meet City of Temecula customer service standards for plan check tir~elines. Therefore, the second amendment is needed to continue to provide a high level of customer service. FISCAL IMPACT: Budget. Adequate funds are available in the fiscal year 2003/2004 Fire Operating ATTACHMENTS: Contract Amendment. SECOND AMENDMENT TO AGREEMENT BETVVEEN CITY OF TEMECULA AND SCHIRMER ENGINEERING CORPORATION FOR OUTSIDE PLAN CHECK SERVICE THIS SECOND AMENDMENT is made and entered into as of September 16, 2003 by and between the City of Temecula, a municipal corporation "City" and Schirmer Engineering Corporation ("Consultant"). In coonsideration of the mutual covenants and conditions set forth herain, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes; On July 1, 2002 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for City of Temecula Agreement for Outside Plan Check Service" ("Agreement"). The parties now desire to increase the payment for services in the amount of $25,000.00 and amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, 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 B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000.00) Annually or Seventy Five Thousand Dollars and No Cents ($75,000.00) for the total term of the Agreement. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeff Stone, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attomey CONSULTANT: Schirmer Engineering Corporation 22995 Network Place Chicago, IL. 60673-1229 BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND SCHIRMER ENGINEERING CORPORATION FOR OUTSIDE PLAN CHECK SERVICE THIS FIRST AMENDMENT is made and entered into as of February 11, 2003 by and between the City of Temecula, a municipal corporation "City~ and Schirmer Engineering Corporation ("Consultant"). In c°nsideraflon of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 1, 2002 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for City of Temecula Agreement for Outside Plan Check Service" ("Agreement"). B. The parties now desire to increase the payment for services in the amount of $50,000.00 and amend the Agreement as set forth in this Amendment. Section 4 of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, 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 B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000.00) Annually or Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:IFIREMNGTICONTRa4~CHiRMER CONTRACFAMENDMEN~DOC 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: P6ter M. Thorson, City Attorney CONSULTANT: Schirmer Engineering Corporation Chic=ge, IL. ~0~,73-',22g S,~,, O~e~. BY: ~ BY: TITLE: (Two Signatures Required For Corporations) ITEM 6 APPROVAL Ij"~)'..,, ~ CITY ATTORNEY /' ~ DIRECTOR OF FINANP~E~ CITY MANAGER _~/_.,)~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Herman Parker, Director of Community Services September 16, 2003 Roberti-Z'Berg-Harris Block Grant Program PREPARED BY: RECOMMENDATION: Barbara Smith, Management Analyst ~---'2" That the City Council adopt a Resolution entitled: RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG.HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 DISCUSSION: The Roberti-Z'Berg-Harris (RZH) Block Grant, Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002 intends to meet the urgent need for safe, open and accessible local park and recreational facilities for increased recreational opportunities that provide positive alternatives to social problems. Allocations for the block grant portion of the RZH Act have been finalized and the funds included in the fiscal year 2003-2004 State budget. The RZH funds have been allocated on a population-based formula and the City of Temecula's share is $196,861.00. In order for the City of Temecula to encumber the funds the City must submit a resolution approved by our City Council. We respectfully request that City Council approve the attached resolution so that Temecula Community Services District can proceed through this grant process. FISCAL IMPACT: If we are awarded the grant we will incorporate the $196,861.00 into the Fiscal Year 2004-2005 Capital Improvement Plan. R:\smithb\Grant\RZH Block Grant\CC Staff Report - Reso wo project.doc RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: WHEREAS, the people of the State of Califomia have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002 which provides funds for the Roberti-Z'Berg-Harris Block Grant Program for grants to eligible Applicants, and WHEREAS, The Califomia Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Roberti-Z'Berg-Harris allocation; and WHEREAS, the Grantee will enter into a Contract with the State of California for the Project; NOW, THEREFORE, BE IT RESOLVED that the City of Temecula hereby: 1. Approves the filing for local assistance funds from the Roberti-Z'Berg-H~rris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Previsions contained in the Contract shown in the Procedural Guide; and 4. Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and 5. Appoints the City Manager or designee, as agent to conduct ail negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of projects. R:~smithb\Grant~l-I Block Grant\Reso.doc 09/10/2003 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on September 16, 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify~that Resolution No. 03-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 16th day of September, 2003, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Cle~ RSsmithb\Grant\RZH Block Grant~Reso.doc 09/10/2003 ITEM 7 CITY OF TEMECULA CITY CLERK DEPARTMENT MEMORANDUM TO: City Council FROM: Susan W. Jones, City Clerk DATE: September 16, 2003 SUBJECT: Agenda Item No. 7 - Vacation of a Roadway Easement over Murrieta Creek and adjacent to Rancho California Road to the Riverside County Flood Control and Water Conservation Distdct Since the City Council Meeting of October 14, 2003 needs to be changed due to a lack of quorum, Section 2 of the Resolution will be modified to reflect the public hearing being held on October 28, 2003, instead of October 14, 2003. Staff will make the needed adjustments and make sure the proper noticing occurs. $/16/03 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC£~ c TY MANAGER '? II CITY OF TEMECULA AGENDA REPORT TO: FROM: .City ManagedCity Council ~illiam G. Hughes, Director of Public Works/City Engineer DATE: September 16, 2003 SUBJECT: Vacation of A Roadway Easement Over Murrieta Creek and Adjacent to Rancho California Road to the Riverside County Flood Control and Water /~;onservation District PREPARED BY: ,~Amer Attar, Principal Engineer / Marilyn Adarbeh, Property Agent ~ RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA INITIATING PROCEEDING TO VACATE A PORTION OF RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORINA, AS SHOWN ON THE ATTACHED EXHIBITS A AND B BACKGROUND: The City of Temecula is proposing to vacate its interest in a roadway easement over Murrieta Greek adjacent to the existing Rancho California Road. The easement was previously dedicated to the City by Riverside County Flood Control and Water Conservation District (RCFC &WCD). Plans for the construction of Rancho California Road subsequent to the easement dedication did not utilize this easement and the read, including the bridge over Murrieta Creek, was constructed at a different location. There are no plans to extend Rancho California Road over this easement. Pursuant to the requirements of the Streets and Highways Code, the City may vacate its interests in identified streets if the City finds that such a vacation conforms to the General Plan; that the street in question is no longer necessary for present or prospective public use; and that the street in question would not be useful for bicycle or pedestrian use. The General Plan designates sufficient other streets and right-of-way in the area. In addition, no property would be "landlocked" by this proposal The portion of Rancho California Road to be vacated is described and depicted on Exhibits A and B, which are attached to this report. As noted above, the vacation of this portion of Murriet, a Creek adjacent to Rancho California Road is under consideration because the road was never constructed over this easement and there are no plans to extend Rancho California Road over this easement. In addition, the current project to widen Rancho California Road Bddge does not include any part of the easement to be vacated. In vacating this easement, the City would relinquish any responsibility for maintenance and/or improvement of Murrieta Creek covered by this easement. R:~AGENDA R E PO RTS~2003\091603~Staff repod Rancho ROad Vac.d~c With the adoption of Resolution 03- , the City Council sets a public hearing to be held on October 14, 2003, at 7:00 p.m. in the Council Chambers at Temecula City Hall. At the public hearing, any and all interested persons may present evidence or object to the proposed vacation. In addition, the adoption of the resolution directs the Director of Public Works to cause to be posted conspicuously along the line of the Rancho California Road easement proposed to be vacated, at least 10 days before the date set for hearing, notices of the proposed street vacation, and the time and place of the public hearing. Such notices shall be posted no more than 300 feet apart and at least three such notices shall be posted in the manner set forth in Streets & Highways Code Section 8323. FISCAL IMPACT: There is no fiscal impact anticipated from approving the vacation of the roadway easement. Attachments: Resolution 03- Map of dght of way proposed to be vacated. R:',AG EN DA REPO RTS~003~09 t 603'tRancho Cai Rd Vacation.dcc RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA INITIATING PROCEEDINGS TO VACATE A PORTION OF RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE A'I-rACHED EXHIBITS AAND B THE CITY COUNCIL Of THE CITY Of TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the Riverside County Flood Control and Water District granted an easement to the City of Temecula for the purpose of constructing a road over the existing flood control channel at Rancho California Road; WHEREAS, the City of Temecula never constructed the road over the flood control channel at Rancho California Road, even though it was depicted in the Circulation Element of the General Plan; WHEREAS, the City of Temecula has executed a Quitclaim Deed conveying the easement back to the Riverside County Flood Control and Water District; WHEREAS, the City of Temecula has initiated a procedure to vacate its interests in that portion of Rancho California Road which was to cross over the existing flood control channel. The right of way proposed to be vacated is described and depicted on Exhibits A and B, attached hereto and incorporated herein by this reference; WHEREAS, the proceeding merely proposes the vacation of a portion of Rancho California Road which was never constructed, and will not facilitate any new construction, development, increased traffic, or other use of property not currently in existence; WHEREAS, it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment and thus this decision is not subject to the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061 (b); WHEREAS, notwithstanding the foregoing, and in addition to the foregoing, the proposed street vacation of such portions of right-of-way is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15305; Section 1: Pursuant to t he provisions o f Chapter 3, P art 3, Division 9 o f t he California Streets and Highways Code (Section 8320 et seq.) entitled "General Vacation Procedures," The City Council of the City of Temecula hereby initiates proceedings to vacate that un-built portion of Rancho California Road which would cross over the flood control channel, as described and depicted on Exhibits A and B attached hereto and made a part hereof by this reference. Section 2: The City Council hereby sets the proposed vacation for a public hearing to be held on October 14, 2003, at the hour of 7:00 p.m. in the Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, at which time any and all interested persons may present evidence or object to the proposed vacation. Section 4: The City Council hereby directs the Director of Public Works to cause to be posted conspicuously along the line of the portion of Rancho California Road proposed to be vacated, at least 10 days before the date set for hearing, notices of the proposed street vacation, and the time and place of the public hearing. Such notices shall be posted no more than 300 feet apart and at least three (3) such notices shall be posted in the manner set forth in Streets & Highways Code Section 8323. Section 5: The City Council hereby directs the City Clerk to certify to the adoption of this Resolution and cause a copy thereof to be published once a week for two (2) successive weeks in a newspaper of general circulation in the City of Temecula, before the date set for hearing pursuant to Section 8322 of the Streets & Highways Code. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 16th day of September, 2003 by the following vote: Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I Susan W. Jones, CMC City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at th a regular meeting held on the 16 day of September, 2003 by the following vote: AYES: 0 COUNClLMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNClLMEMBERS: Susan W. Jones, CMC City Clerk EXHIBIT 'A' LEGAL DESCRIPTION FOR STREET VACATION (A PORTION OF RANCHO CALIFORNIA ROAD) BEING A PORTION OF LOT 'A', OF PARCEL MAP NO. 12549, IN THE CITY OF TEMEC- ULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 74, PAGES 84 THROUGH 89, RECORDED FEBRUARY 5, 1980 OF OFFICIAL RECORDS, SAID LOT ~A' BEING DEDICATED AND ACCEPTED BY SAID COUNTY FOR PUBLIC USE FOR STREET AND U~ILITY- PURPOSES AS THE SOUTHEASTERLY HALF OF RANCHO CALIFORNIA ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF THAT PARCEL SHOWN AS ~REMAINDER PARCEL" OF SAID PARCEL MAP NO. 12549, SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID RANCHO CALIFORNIA ROAD; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY NORTH 71°33'39" EAST 48.75 FEET TO THE TRUE POINT OFBEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGH-OF-WAY 1. NORTH 71°33'39'' EAST 27.56 FEET TO THE BEGINNING OF A TANGENT 1255.00 FOOT RADIUS CURVE CON- CAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID SOUTHEAST- ERLY RIGHT-OF-WAY AND THE ARC OF SAID CURVE 2. EASTERLY 332.17 FEET THROUGH A CENTRAL ANGLE OF 15°09'54"; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY 3. NORTH 71"18'53'' WEST 10.80 FEET; THENCE 4. SOUTH 63°19'53'' WEST 350.87 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.100 ACRE, MORE OR LESS. SCOTT HURST L.S. 7178 EXPIRATION DATE 12/31/2003 PAGE 1 OF 1 DATE ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR Of FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY Of TEMECULA AGENDA REPORT iCity Manager/City Council f~/[/~VVilliam G. Hughes, Director of Public Works/City Engineer September 16, 2003 Authorize Temporary Street Closures for Temecula Fall Rod Run 2003 Event in Old Town. (Old Town Front Street, between Moreno Road and Second Street, and other related streets) PREPARED BY: /~Ronald J. Parks, Deputy Director of Public Works [,c-,Steve Charette, Associate Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR TEMECULA FALL ROD RUN 2003 EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The Fall Rod Run necessitates the physical closure of certain streets in the Old Town area, and related detouring, to accommodate and provide the "Street Scene" ambience that allows the free movement of pedestrian traffic by minimizing potential vehicular- pedestrian conflicts. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. R:~AGENDA REPORTS~2003\091603\FALL ROD RUN CLOSURE.doc1 The recommended resolution delegates the authority to approve temporary street closures for the Temecula Fall Rod Run 2003 Event sponsored by P & R Productions. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This years Fall Rod Run Event sponsors propose street closures as follows: Old Town Front Street between Moreno Road (E) to Second Street from 3:00 pm to 10:30 pm on Fdday October 10th, 2003, and from 6:00 am to 4:00 pm on Saturday, October 11th, 2003. Main Street mid-block, east and west of Old Town Front Street, will also be closed to through traffic. Sixth Street, Fifth Street, Fourth Street, and Third Street will be closed mid-block east of Old Town Front Street. Access is provided to handicap parking lots located at Sixth Street and Mercedes Street and at First Street and Old Town Front Street. Show car parking will be at designated parking lots and along both sides of Old Town Front Street as shown on the attached Location Map. FISCAL IMPACT: Estimated costs for the Public Works Department Maintenance Division support is estimated at $3,800.00. Adequate funds are available in Account No. 001-164-601-5402. ATTACHMENTS: 1. Resolution No. 2003- 2. Location Map R:~AGENDA REPORTS~2003\091603\FALL ROD RUN CLOSURE.doc2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING TEMPORARY STREET CLOSURES FOR TEMECULA FALL ROD RUN 2003 EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the closure of public streets for the Temecula Fall Rod Run 2003 Event sponsored by P & R Productions, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the Temecula Fall Rod Run 2003 Event, specifically Old Town Front Street between Moreno Road (E) and Second Street, Main Street mid-block, east and west of Old Town Front Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Friday, October 10, 2003 from 3:00 PM to 10:30 PM and on Saturday, October 11, 2003 from 6:00 AM to 4:00 PM; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Temecula Fall Rod Run 2003 Event sponsored by P & R Productions, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the Temecula Fall Rod Run 2003 Event, and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council as follows: Old Town Front Street between Moreno Road (E) and Second Street, Main Street mid-block, east and west of Old Town Front Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Fdday, October 10, 2003 from 3:00 PM to 10:30 PM and on Saturday, October 11,2003 from 6:00 AM to 4:00 PM. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 16th day of September 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W.Jones, CMC, City Clerk R:~AGENDA REPORTS~OO3\091603\FALL ROD RUN CLOSURE.doc3 [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 16th day of September 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: R:~GENDA REPORTS~003\091603\FALLROD RUN CLOSUrE,doM ITEM 9 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY DIRECTOR OFFINANCE ClTY MANAGER ~ /~ty Manager/City Council illiam G. Hughes, Director of Public Works/City Engineer September 16, 2003 Acceptance of certain Public Streets into the City-Maintained Street System within Parcel Map No. 24185-2 (North of De Portola Road, West of Butterfield Stage road, South of Jerez Lane, and East of Sunny Meadows Drive, within the Paseo Del Sol Subdivision). PREPARED BY: /~/~/ Ronald J. Parks, Deputy Director of Public Works ~C...Steve Charette, Associate Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL NO. 24185.2) BACKGROUND: Parcel Map No. 24185-2 was recorded by the County Recorder on June 28, 1999. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. All Bonds associated with this Parcel have been released. Therefore, staff recommends the acceptance of these streets into the City-Maintained Street System. The public streets now being accepted by this action are Alcoba Drive, Valence Court, Adelante Street, Carini Court, Corbie Street, and portions of Tirano Drive, Tivoli Street and Sassari Street. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENT: 1. Resolution No. 2003- 2. Vicinity Map __ with Exhibits "A-B", inclusive. I R:X~AG ENDA KEPORTS~003\091603\TM24185.2 StreetAcceptance.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (VVlTHIN PARCEL NO. 24185-2) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, On June 28, 1999, the County Recorder recorded Parcel Map No. 24185-2 in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from CaI-Paseo Del Sol, A California Limited Liability Company: and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed: and, WHEREAS, All Bonds associated with the Parcel have been released: and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecuia hereby accepts into the City-Maintained Street System the streets and portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 16th day of September, 2003. Jeffrey E. Stone, Mayor A'FI'EST: Susan W. Jones, CMC, City Clerk 2 R:',AG ENDA REPORTSk2003\091603\TM24185-2 S~reetAcccptance.doc STATE OF CALIFORNIA ) COUNTY Of RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on 16th day of September, 2003, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 3 RAAGENDA REFORTS'Q.003\091603\TM24185-2 StxeetAcceptance.doc EXHIBIT "A" TO RESOLUTION NO. 2003- Accepting several of the public streets offered to and accepted by the City of Temecula as indicated on Parcel Map No. 24185-2 into the City-Maintained Street System as described below: Those portions of Parcel Map No. 24185-2 in the City of Temecula, County of Riverside, as filed in Book 281, Pages 1-13 inclusive, of Maps, in the Recorder's Office of said county, particularly described as follows: 1. Lot "D" (Corbie Street) of said Parcel Map No. 24185-2. 2. Lot "E" (Portion of Tirano Drive from Alcoba Drove to northern tract boundary) of said Parcel Map No. 24185-2. 3. Lot "F" (Portion of Alcoba Drive from Tirano Drive to southern tract boundary) of said Parcel Map No. 24185-2. 4. Lot "G" (Valence Court) of said Parcel Map No. 24185-2. 5. Lot "H" (Adelante Street) of said Parcel Map 24185-2. 6. Lot 'T' (Portion of Sassari Street from Adelante Street to southern tract boundary) of said Parcel Map 24185-2. 7. Lot "J" (Tivoli Street) of said Parcel Map 24185-2. 8. Lot "K" (Carini Court) of said Parcel Map 24185-2. 4 EXHIBIT "B" TO RESOLUTION NO. 2003- VICINITY MAP TRACT NO. 24185-2 Vl~ltllrY MAP, riO' / ! ITEM 10 ^PPROV^' CITY ATTORNEY ~-~ I D RECTOR OF I CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: ~/~wCity Manager/City Council illiam G. Hughes, Director of Public Works/City Engineer September 16, 2003 Acceptance of certain Public Streets into the City-Maintained Street System within Parcel Map No. 28482-1 (Northwesterly of the intersection of Rancho California Road and Meadows Parkway; South of Royal Birkdale Drive, north of Rancho California Road, east of Temeku Drive, and west of Meadows Parkway in Temeku Hill Subdivision). PREPARED BY: ~/Ronald J. Parks, Deputy Director of Public Works ~CSteve Charette, Associate Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL NO. 28482-1) BACKGROUND: Parcel Map No. 28482-1 was recorded by the County Recorder on April 13, 2000. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. All Bonds associated with this Parcel have been released. Therefore, staff recommends the acceptance of these streets into the City-Maintained Street System. The public streets now being accepted by this action are Royal Birkdale Drive, Pacific Grove Way, Pine Needle Street, Bunker's Court and Sandhill Lane (from Bunker's Court to cul-de-sac end). FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENT: 1. Resolution No. 2003- 2. Vicinity Map __ with Exhibits "A-B", inclusive. 1 R:~AGENDA REPORTS~2003\O91603\TM28482-1 StxeetAcceptance.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN PARCEL NO. 28482-1) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, On April 13, 2000, the County Recorder recorded Parcel Map No. 28482-1 in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from McMillin-American LLC, A Delaware Limited Liability Company: and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed: and, WHEREAS, All Bonds associated with the Parcel have been released: and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets and portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 16th day of September, 2003. Jeffrey E. Stone, Mayor A'I-FEST: Susan W. Jones, CMC, City Clerk 2 STATE Of CALIFORNIA ) COUNTY Of RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on 16th day of September, 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNClLMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 3 R:L~.GENDX KEPORTSX2003\091603~TM28482-1 StreetAcceptanc¢.d~c EXHIBIT "A" TO RESOLUTION NO. 2003- Accepting several of the public streets offered to and accepted by the City of Temecula as indicated on Parcel Map No. 28482-1into the City-Maintained Street System as described below: Those portions of Pamel Map No. 28482-1 in the City of Temecula, County of Riverside, as filed in Book 290, Pages 29-36 Inclusive, of Maps, in the Recorder's Office of said county, particularly described as follows: 1. Lot "C" (Royal Birkdale Drive) of said Parcel Map No. 28482-1. 2. Lot "E" (Pacific Grove Way) of said Parcel Map No. 28482-1. 3. Lot "F" (Bunkers Way) of said Parcel Map No. 28482-1. 4. Lot "G" (Portion of Sandhill Lane from Bunkers Hill Court to cul-de-sac end) of said Parcel Map No. 28482-1. 5. Lot "H" (Pine Needle Street) of said Parcel Map 28482-1. 4 EXHIBIT "B" TO RESOLUTION NO. 2003- VICINITY MAP TRACT ,/ II/IOTH VARIES 62' TO H22' 11'14~: RAD SEE DETAIL, L18--, NT'53']Sq~ RAO N13' 14'4-7"~ RAO N30' ~5'3b~ RAO .88' ~05..12o32o R=¢=,OOO.OO' L=.545o46') LOT, ITEM 11 APPROVAL ~ITY A'VDORNEY ~_~ )IRECTOR OF FINANCE J-.~--- CITY MANAGER ClTY OFTEMECULA AGENDA REPORT TO: iCity ManagedCity Council FROM: /~l/~William G. Hughes, Director of Public Works/City Engineer H DATE: September 16, 2003 SUBJECT: Acceptance of certain Public Streets into the City-Maintained Street System PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Rene B. Martinez Jr., Engineering Technician RECOMMENDATION: That the City Council adopt resolutions entitled: RESOLUTION No. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED BY DEVELOPERS INTO THE CITY- MAINTAINED STREET SYSTEM RESOLUTION No. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED BY THE CITY INTO THE CITY-MAINTAINED STREET SYSTEM BACKGROUND: As required by the Federal Highway Administration (FHWA), the City provides an annual maintained mileage report to FHWA. This information is used for planning and funding purposes for various highway programs funded to the State with Federal resources. The basis of this allocation is the public road lane miles maintained by the public agency. The City receives funding allocations from the State based on this information. Since its incorporation on December 1, 1989, the City of Temecula has approved subdivision maps for land within the boundaries of the City. Prior to incorporation and subsequent annexations, the County of Riverside had jurisdiction over land within the boundaries of the City and approved subdivision maps within the boundaries of the City. The subdivision maps dedicated land to the City or the County for street and public utility purposes. Under both City and County subdivision approvals, developers were required to construct street improvements. Upon incorporation and subsequent annexations, all streets within the new or annexed City boundaries become City streets pursuant to Section 989 of the Streets and Highways Code. Pursuant to Section 1806 of the Streets and Highways Code, streets constructed by a developer as part of a subdivision or streets constructed by the City, must be accepted into the City street system. Exhibit "A" o f t he attached Resolution lists subdivision maps, which d edicate 4 8.32 miles of certain land and improvements to the City or the County for street and public utility purposes. The subdivision maps have been duly recorded in the Official Records of the 1 Recorder of the County of Riverside. The maps dedicated to the City and/or the County land and public improvements for street and public utility purposes. The Public Works staff has reviewed and inspected the public improvements constructed on the streets. All improvements, repairs and replacements on the streets have been satisfactorily completed in accordance with applicable standards. All bonds associated with the work have been exonerated. In addition, the City has constructed numerous streets throughout the City since incorporation. Pursuant to Section 1806 of the Streets and Highways Code, streets constructed by a developer as part of a subdivision or streets constructed by the City, must be accepted into the City street system. Exhibit "A" of the attached Resolution lists certain City Projects in which the City has constructed streets. The Public Works staff has reviewed and inspected the improvements constructed on the streets. All improvements, repairs and replacements have been satisfactorily completed on the streets in accordance with applicable standards. Ail bonds associated with the work on the streets have been exonerated. FISCAL IMPACT: The formal acceptance of these roadways will not result in any increased fiscal impact to the City, as the improvements are included in the Public Works Maintenance Division budget for FY2003-04. However, by updating and identifying the most current inventory o f C ity-Maintained roadways, t he City is able t o make the most efficient u se o f a II available road maintenance funding sources. ATTACHMENTS: 1. Resolution No. 2003- 2. Resolution No. 2003- __ with Exhibits "A-B", inclusive. __ with Exhibits "A-B", inclusive. 2 R:~AGENDA REPORTS~2003 \091603 \City-Cotmty SlxectAcceptance.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED BY DEVELOPERS INTO THE CITY- MAINTAINED STREET SYSTEM WHEREAS, since its incorporation on December 1, 1969, the City of Temecula has approved subdivision maps for land within the boundaries of the City of Temecula. Prior to incorporation and subsequent annexations, the County of Riverside had jurisdiction over land use entitlements within the boundaries of the City, as originally established and as extended by annexation, and approved subdivision maps within the applicable boundaries of the City. WHEREAS, the subdivision maps dedicated land to the City or the County for street and public utility purposes. Under both City and County subdivision approvals, developers were required to construct streets improvements. Upon incorporation and subsequent annexations, all right, title and interest of the County in streets within the new or annexed City boundaries, vests in the City and the streets dedicated to the County become City streets pursuant to Section 989 of the Streets and Highways Code. WHEREAS, pursuant to Section 1806 of the Streets and Highways Code, streets constructed by a developer as part of a subdivision or streets constructed by the City, must be accepted into the City-Maintained Street System. WHEREAS, exhibit "A" lists subdivision maps, which dedicate certain specified land and improvements to the City or the County for street and public utility purposes. With respect to each parcel of land that contains street and/or public utility improvements listed on Exhibit "A" (the "Streets"), the City Council specifically finds that: THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The City Council hereby finds that: Section 1. (1) The subdivision maps described therein have been duly recorded in the Official Records of the Recorder of the County of Riverside; (2) The subdivision maps described dedicated to the City and/or the County land and public improvements for street and public utility purposes; (3) The Public Works staff of the City has reviewed and inspected each of the public improvements constructed on the Streets; (4) The public improvements and all repairs and replacements on the Streets have been satisfactorily completed in accordance with applicable improvement standards; (5) All bonds associated with the work on the Streets have been exonerated; and (6) A need exists for the public use of such Streets and the City is prepared to accept the Streets into the City-Maintained Street System. 3 Section 2. The City hereby accepts the Streets described on Exhibit "A" and accepts the Streets described on Exhibit "A" into the City-Maintained Street System. Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the acceptance of the Streets into the City-Maintained Street System and to execute on behalf of the City all such documents or certificates as may be necessary to carry out the acceptance and the purposes of this Resolution. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 16th day of September 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof on the 16~ day of September 2003 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 EXHIBIT "A" TO RESOLUTION NO. 2003- Accepting several public streets offered to and accepted by the City of Temecula into the City- Maintained Street System as described below: Official Records of ~ounty of Riverside) Tract/Parcel Map Book / Lot Map Number Page Number No. Street Name (with boundaries) PM6427 17 / 72 PM16705 96 / 39-40 C-F PM17440 99 / 15-16 A-C PM17783 110 / 81-82 B PM18254 116 / 69-78 TM18518 182 / 88-93 A B C D E F TM18518-1 177 / 14-21 A B C D TM18518-2 181/39-43 A B C D E TM18518-3 181 / 96-99 A B C D TM18583 157 / 1-3 A B C D PM19582-2 147 / 3-6 A TM19872 215 / 23-27 A B C D TM19872-3 173 / 80-83 A B C TM19872-4 173 / 84-88 A B C&D Loma Linda Road (portion from Pechanga Pky. to Via Del Coronado) Estero Street (e/o Ormsby Rd.) Dartolo Road Baldaray Circle Kathleen Way (now Ridge Park Drive) Calle Medusa (portion of) Enfield Lane (Calle Medusa to Riverton Ln.) Riverton Lane (portion of) Ashmill Court Amberley Circle Stamos Court Calle Medusa (portion of) Wellington Circle Chaldon Circle Chauncey Way (portion of) Riverton Lane (portion of) Brixton Cove Chauncey Way (portion of) Yardley Court (Chauncey Wy. to Riverton Ln.) Calle Medusa (portion of) Calle Medusa (portion of) Riverton Lane (portion of) Yardley Court (Riverton Ln. to cul-de-sac) Humbolt Court Colina Verde (La Primavera St. to Vista Del Rancho) Vista Del Rancho Corte Villa Estero St. (portion of) Enterprise Circle North Via Gilberto (portion of) Ruidosa Street Loma Linda Road (portion of) Tejon Court Loma Linda Rd. (portion of) El Torito Court Tesiben Court East Loma Linda Rd. (portion of) Shicali Court Zuma Drive 5 EXHIBIT "A" TO RESOLUTION NO. 2003- Tract/Parcel Map Number Official Records of ~ounty of Riverside) Map Book I Lot Page Number No. Street Name (with boundaries) TM 19872-4 TM19872-5 TM20130 TM20130-1 TM2~)130-2 TM20130-3 TM20130-4 TM20130-5 TM20130-6 TM20154 TM20319 TM20643 TM20879 TM20879-1 173 / 84-88 E F 215/19-22 A B C D 169 / 30-32 A B C D E 156 / 16-19 A B C D 156 / 20-23 A B C D 160/58-61 a B 161 / 33-37 A B 161 /38-40 A 167 / 98-100 A 159 / 15-21 B C D E 181/54-58 A B C&D 159 / 50-53 A B C 169/16-19 A B C D E F 165 / 96-100 B C Tecumseh Court Via Gilberto (portion of) Loma Linda Road (portion of) Maguey Court El Osito Court Escalante Court Long Ridge Drive (portion of) Rainbow Creek Drive Shadow View Court Knollridge Road (portion of) Rustic Glen Drive (portion of) Rising Hill Drive (portion of) Falling Creek Court Winchester Creek Avenue (portion of) Springtime Drive (portion of) Rainbow Creek Drive (portion of) Oak Cliff Drive (Rainbow Creek Dr. to cul-de-sac) Springtime Drive (portion of) Quail Creek Court Oak Cliff Drive (Rainbow Creek Dr. to Rock Bluff Ave.) Rock Bluff Avenue (portion of) Rainbow Creek Drive (Springtime Dr. to Rock BluffAve.) Rock Bluff Avenue (portion of) Long Ridge Drive (e/o Rock Bluff Ave.) Canyon Rim Circle Avenida Cima Del Sol (Margarita Rd. to Via Cuesta Al Sol) Via Puesta Del Sol (Avenida~DdSol~oV~aCuestaAlSd) Via Cuesta Al Sol (portion of) Paseo Sonrisa Del Sol Pechanga Drive Cupeno Lane Wabash Lane Preece Lane (portion of) Gatewood Way Longvale Court Chenin Blanc Street Zinfandel Avenue (portion of) Medot Court Sauvignon Circle Riesling Court (Vineyard Ave. to cul-de-sac) Pinot Blanc Court Riesling Court (Rancho California Rd. to Vineyard Ave.) Vineyard Avenue 6 EXHIBIT "A" TO RESOLUTION NO. 2003- Tract/Parcel Map Number Official Records of ~ounty of Riverside) Map Book ! Lot Page Number No. Street Name (with boundaries) TM20879-1 TM20881 TM20882-2 TM20882-3 TM20987 TM21340 TM21340-1 TM21340-2 TM21340-3 TM21340-4 TM21340-5 TM21340-6 TM21340-7 PM21361 165/96-100 D E 180 / 42-47 A B C D 181 / 68-72 A B C 185 / 1-7 B C D E F G H 173 / 48-53 B C D E&F G 183/98-100 A B C 172/4-7 A B C 172/8-10 A B C 172/11-14 A B C 183 / 50-52 A 183 / 53-55 A B C 183 / 92-94 B C D 183 / 95-97 A 139 / 89-90 A B Zinfandel Avenue (portion of) Chablis Court Calle Pina Colada (portion of) Bravos Court Yuba Circle Salt River Court Corte Tolano Corte Selva Avenida Vista Ladera (portion of) Calle Aranda Avenida Vista Ladera (portion of) Corte Faldas Via Sevilla Code Granada Corte Castille Via La Vida (portion of) Stonewood Road (Margarita Rd. to cul-de-sac) Elgin Court Ramsey Court Selby Circle Deal Court Knollridge Drive (portion of) Majello Court Creative Drive (portion of) Rustic Glen Drive (portion of) Quail Slope Drive (portion of) Long Ridge Circle (portion of) Quail Slope Drive (portion of) Oak Cliff Drive (Rock Bluff Ave. to Quail Slope Dr.) Willow Crest Drive (Oak Cliff Dr, to City Limits) Stone Gate Drive (portion of) Creative Drive (Knollridge Dr. to Stone Gate Dr.) Knollridge Drive (portion of) Oak Cliff Drive (portion of) Rustic Glen Drive (portion of) Stone Gate Drive (portion of) Creative Drive (portion of) Rustic Glen Drive (portion of) Oak Cliff Drive (portion of) Ravenhill Court Knollridge Drive (portion of) County Center Drive Equity Drive 7 EXHIBIT "A" TO RESOLUTION NO. 2003- TractJParcel Map Number PM21383 TM21430-1 TM21561 TM21672-1 TM21672-2 TM21672-3 TM21672-4 TM21673-2 TM21673-3 TM21674-1 TM21674-2 TM21674-3 TM21675 TM21764 TM21820 TM22203 Map Book / Page Number 167 / 18-25 192 / 1-9 172 / 37-42 177 / 82-85 183 / 78-82 186 / 1-5 186 / 6-9 183 / 74-77 186 / 10-15 201 / 70-73 207 / 50-54 211 / 95-98 221 / 43-48 194 / 59-64 219 / 46-53 177 / 95-99 Lot No. A B C H C D E B C D E F G H I J B C A B C B C D B A B C B C D B C D A B B B a B C Street Name (with boundaries) Diaz Road (portion from Winchester to Zevo Dr.) Winchester Road (Diaz Rd. to Colt Ct.) Zevo Drive (portion of) Calle Empleado (portion of) Moonlight Court Jacaranda Court Cross Creek Court (portion of) Rycrest Drive Windwood Circle (e/o Rycrest Dr.) Gilwood Court Vail Brook Drive Bargil Court Skywood Drive Nightview Circle Marhill Circle Dawncrest Circle Calle Aragon (Rancho California Rd. to Cte. Anza) Corte Anza Avenida De La Reina (Calle Aragon to Cte. Talvera) Calle Aragon (Cte. Anza to Avenida De La Reina) Corte Anacapa Calle Bahia Vista Avenida De La Reina (Cte. Talvera to Calle Bahia V'sta) Code Talvera Avenida De La Reina (e/o Calle Bahia Vista) Corte Arroyo Vista (Cte. AJamar to Avenida De La Reina) Avenida De La Reina (Rancho Vista Rd. to Cte. Alhambra) Corte Alhambra Calle Tajo Paseo De Las Olas (w/o Calle Tajo) Via Lomas Vista (portion of) Meadows Parkway (portion of) Paseo De Las Olas (Calle Tajo to Cte. Tortosa) Corte Tortosa Meadows Parkway (portion of) Meadows Parkway (portion from Paseo De Las Olas to Rancho Vista) Calle Pina Colada (portion of) Kahwea Road (portion of) Preeca Lane (portion of) Buckeye Road (portion of) Butternut Drive (Buckeye Rd. to cul-de-sac) 8 EXHIBIT "A" TO RESOLUTION NO. 2003- Tract/Parcel Map Number TM22203 TM22204 PM22513 TM22593 TM22593-1 TM22593-2 TM22716-1 TM22915 TM22915-1 TM22915-3 TM22916 TM22916-1 TM22916-2 TM23100-1 TM23100-2 TM23100-3 Map Book / Lot Page Number No. 177 / 95-99 E 191/4-8 A B C D 145 / 70-71 B 188 / 82-85 A B 182 / 59-62 A B C D E 188 / 53-56 A B C 205 / 14-20 B 217/67-71 B 217/41-50 B 217 / 60-66 A 225 / 65-72 A 225 / 41-50 A 225 / 51-56 A 214/5-11 A 214 / 12-15 222 / 44-49 B C D E F G A A B C D E F G H Street Name (with boundaries) Gateview Court (portion of) Preece Lane (portion of) Butternut Drive (Buckeye Rd. to Buckeye) Buckeye Road (portion of) Gateview Court (portion of) Meadows (was Kaiser) Parkway (portion of) Via Renate (s/o Via La Vida) Calle Paimas Calle Fuego Calle Pantano (portion of) Via Renate (n/o Via La Vida) Via La Vida (portion of) Via Las Chacras (portion of) Calle Pantano (portion of) Via Las Chacras (portion of) Via La Vida (portion of) Meadows Parkway (portion of) Meadows Parkway (portion from Rancho Vista to Cte. Florecita) Meadows Parkway (portion from Rancho Vista to Cte. Florecita) Meadows Parkway (portion of) Meadows Parkway (portion from V'~ Reina to Pauba Rd.) Meadows Parkway (porlion from CI~. Floredta to Pauba Rd.) Meadows Parkway (portion of) Promenade Chardonnay Hills (Rancho California Rd. to Placer Belair) Cercle Beauregard Chemin Laurent Rue Jadot (portion of) Gout Beaune Cercle Latour Placer Belair (Promenade Chardonnay to Cour Pomerol) Cour Pomerol F~ Cl'~y Hills (Ptacer Belai'to Cherub La Tache) Promenade Bordeaux (portion of) Chemin Clinet (portion of) Chemin Margaux Placer Belair (Cour Pomerol to cul-de-sac) Rue Jadot (portion of) Cour Magdelaine Cour Meyney 9 R:~AGENDA REPORTS~2003 \091603 \City-County StxectAcceptance.doc EXHIBIT "A" TO RESOLUTION NO. 2003- Tract/Parcel Map Number Map Book / Page Number Lot No. Street Name (with boundaries) TM23100-4 TM23100-5 TM23101-1 TM23101-2 TM23101-3 TM23103-1 TM23125 TM23125-3 TM23143-3 TM23483 TM24182-1 249 / 57-60 265 / 56-59 218 / 31-34 228 / 15-21 249 / 61-62 252 / 29-31 252 / 46-52 252 / 39-47 281 / 67-73 213 / 39-44 271 / 22-31 A&B C D A&B C a C D E f g B&C D E f G H&J I K a a b B C D E B C D E F B C D E F G H B C D E Promenade Chardonnay Hills (Chemin La Tache to Promenade Bordeaux) Chemin La Tache (podion of) Rue Jadot (podion of) Cercle Chambedin Chemin La Tache (podion of) Meadows Parkway (portion of) Calera Lane Vintage Circle Heitz Lane (podion of) Montelena Circle Durney Coud Promenade Chardonnay Hills (por~on s/oLaSerenaV¢/.) Heitz Lane (PromenadeO~to Promenade Boz~ux) Promenade Bordeaux (podion of) Culbedson Lane (Sonoma Ln. to Heitz Ln.) Sonoma Lane Simi Coud Britton Circle Concannon Coud Culbedson Lane (podion of) Chemin Clinet (podion of) Code Mangarino Code Ebano Via Angeles (podion of) Code Figueroa Code Bonilla Code Porfirio Fox Road (portion of) Kensington Place Noble Court Maidstone Court Lancashire Common Windsor Road Golden Lion Road Clear Light Road Bentley Coud New Town Drive Everest Road Calle Katerine (podion of) Campanula Way (portion of) Pavia Way Caseda Drive Avola Coud 10 EXHIBIT "A" TO RESOLUTION NO. 2003- TractJParcel Map Number ~ou~?¢ oF~,ve~,.°.') Map Book / Lot Page Number No. Street Name (with boundaries) TM24182-1 TM24182-3 TM24182-4 TM24183 TM24183-1 TM24184 TM24184-1 271 / 22-31 F G H 288 / 32-39 A B C D E F G H I J K L 288 / 40-48 A B C D E F G H I J 284 / 97-103 A C D E 284 / 88-96 A C D E F G H J 268 / 25-32 B C D E F G 268 / 16-24 B C Teramo Street (portion of) Charmes Court Volterra Street (portion of) Campanula Way (portion of) Agusta Way Guevara Drive (Agusta Wy. to Primavera Dr.) Primavera Drive Gabbiano Drive Siena Drive Deluca Way (portion of) Martina Court Bassano Drive Castana Drive Sereno Drive Rovato Street (portion of) Meadows Parkway (poti~ from I-k~y. 79-Soulhto Carnparda) Campanula Way (portion of) Volta Way Guevara Drive (portion of) Barsanti Drive Puerto Oro Street Bellota Court Jamara Court Caminata Drive Deluca Way (portion of) Campanula Way (portion of) Pavia Way Via Destello (Terraza Ct. to cul-de-sac) Terraza Court (Pensador St. to cul-de-sac) Meadows Parkway (portion Eom Campanula to De Portola) Campanula Way (portion of) Empezar Street Festivo Street Pensador Street Terraza Court (Via Destello to Pensador St.) Via Destelio (Terraza Ct. to Festivo St,) Semena St. Parcela Court Campanula Way (portion from De Portola to Leena Wy.) Leena Way (portion from Abeto Wy. to Campanula) Lucca Way Carentan Drive (Abeto Wy. to Favara Dr.) Favara Drive (portion of) Fondi Court Meadows Parkway (portion from De Portola to Leena Wy.) Leena Way (portion from Meadows Pky. to Abeto Wy.) 11 RAAGENDA REPORTS~2003\091603\City42ounty StreetAcceptance.doc EXHIBIT "A" TO RESOLUTION NO. 2003- Tract/Parcel Map Number Map Book / Lot Page Number No. Street Name (with boundaries) TM24184-1 TM24185 TM24185-1 TM24186 TM24186-1 TM24186-2 268 / 16-24 281 / 14-23 267 / 20-29 268 / 1-8 267/11-19 267 / 1-10 D E F g H I J a B D E f g H I B C D E f G h I a B&C D E A B C D E f g H I J A B C&E D f g H Abeto Way Carentan Drive (Abeto Wy. to Barletta St.) Barletta Street Favara Drive (portion of) Dives Way Alencon Court Larino Court Sunny Meadows Drive (porlion from Co~bieSttoJerezLn.) Jerez Lane (portion of) Abana Court Tirano Drive (Corbie St. to Abana Ct.) Cesena Street Savona Street Novara Court Casala Court Campanula Way (potion from De Potato Sunny Meadows) Sunny Meadows Drive (portion from Campanula Wy. to Capri Wy.) Capri Way Sassari Street (Capri Wy. to cul-de-sac) Bonita Mesa Street Paterno Street Mantova Drive Alcoba Drive (De Portola to Bonita Mesa) Leena Way (portion from Abeto Wy. to Calabro St.) Calabro Street (portion of) Bergamo Court Galatina Street (Abeto Wy. to Calabro St.) Leena Way (portion from Abeto Wy. to Meadows Pky.) Meadows Parkway (portion of) Cassino Court Altamura Court Ortona Street San Marco Drive (portion of) Magenta Court Galatina Street (Abeto Wy. to Ortona St.) Abeto Way Calabro Street (portion of) Sunny Meadows Drive (portion of) Jerez Lane San Marco Drive (portion of) Modena Drive (Jerez Ln. to cul-de-sac) Brewster Court Tylman Street (portion of) Fassano Court 12 EXHIBIT "A" TO RESOLUTION NO. 2003- Tract/Parcel Map Number Map Book / Lot Page Number No. Street Name (with boundaries) TM24186-3 TM24186-4 TM24187-1 TM24187-2 TM24188-1 PM24633 PM26845-1 PM28471-1 PM28530-2 TM28553 TM28553-1 267 / 91-97 A B C D E 267 / 98-101 A B 293 / 23-30 A B C D E F G H 294 / 43-48 A 281 / 24-32 183 / 86-87 196 / 70-71 189 / 95-98 193/11-14 276 / 30-33 274 / 78-82 B C D E F g H I B C D E E F g A&B B a B C D B a B a B C Sunny Meadows Drive (portion of) Corbie Street Modena Drive (Jerez Ln. to Corbie St.) Nantes Court Tylman Street (portion of) Leena Way (portion of) Campanula Way (portion of) Meadows Parkway (portion of) Dodaro Drive (Cte. Cara to cul-de-sac) Corte Cara Rosada Court Via Campo Paisano Court Tara Street Angelo Drive (portion of) Sunny Meadows Drive (portion from Meadows Pky. to Calle Portofino) Meadows Parkway (po'~n fromSmnyMeadowstoC~'.Caa) Calle Portofino Campo Drive (Calle Portofino to Dodaro Dr.) Dodaro Drive (Campo Dr. to Cte. Cara) Rosa Court Chico Court Terra Court Palacio Street Jerez Lane (portion of) Sunny Meadows Drive (porCh from Jerez Ln. to Fen-no Ct.) Fermo Court Messina Street Naples Court Verona Court Asti Way Estero Street (portion of) Saric Court Colt Court Bostik Court Winchester Road (portion of) Zevo Drive (portion of) Margarita Road (portion fmrn Wiz:hes~to N. C-,ena~ Kearny) Carleton Way (portion of) Windwood Circle (w/o Rycrest Dr.) Georgetown Lane Brandeis Circle Carleton Way (portion of) 13 R:'~AGENDA REPORTS~2003\091603\City-Co unty Sm:etAcceptanee.doc EXHIBIT "A" TO RESOLUTION NO. 2003- Tract/Parcel Map Number Map Book / Lot Page Number No. Street Name (with boundaries) PM28657-1 PM28697 TM29036 PM29175 PM29431 PM29510 PM29642 PM29895 193 / 64-67 A&E B C D 191 / 36-37 B 297 / 1-3 A B C 194 / 95-97 A B 195 / 95-99 A 196 / 35-36 A&B 198/87-91 A 198/15-16 A B Dendy Parkway (portion of) Diaz Road (portion b/w Dendy Pky. & Remington Ave.) Remington Avenue (portion of) Winchester Road (portion of) Roripaugh Road Via La Vida (portion of) Dahlia Way Orchid Court Margarita Road (portion from Winchester to Verdes Ln.) Verdes Lane (portion of) Campanula Way (portion bA, De Portola to Meadows Pky.) Dartolo Road (portion of) Nicolas Road (John Jay Avenue) Winchester Road (portion of) Dendy Parkway (portion of) 14 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERT~N PUBLIC STREETS CONSTRUCTED BY THE CITY INTO THE CITY-MAINTAINED STREET SYSTEM WHEREAS, the City has constructed numerous streets throughout the City since the City incorporated in 1989. WHEREAS, pursuant to Section 1806 of the Streets and Highways Code, streets constructed by a developer as part of a subdivision or streets constructed by the City, must be accepted into the City-Maintained Street System. WHEREAS, exhibit "A" lists certain City Projects in which the City has constructed streets. With respect to each parcel of land with street and/or public utility improvements listed on Exhibit "A" (the "Streets"), the City Council specifically finds that: THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The City Council hereby finds that: Section 1. (1) The Public Works staff of the City has reviewed and inspected each of the public improvements constructed on the Streets; (2) The public improvements and all repairs and replacements have been satisfactorily completed on the Streets in accordance with applicable improvement standards; (3) All bonds associated with the work on the Streets have been exonerated; and (4) A need exists for the public use of such Streets and the City is prepared to accept the properties into the City-Maintained Street System. Section 2. The City hereby accepts the Streets described on Exhibit "A" and accepts the Streets described on Exhibit "A" into the City-Maintained Street System. Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the acceptance of the Streets into the City-Maintained Street System and to execute on behalf of the City all such documents or certificates as may be necessary to carry out the acceptance and the purposes of this Resolution. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 16th day of September 2003. 15 Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003-. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof on the 16th day of September 2003 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 16 R:XAGENDA REPORTS~2003\091603\City-Couaty S~eetAcceptance.doc EXHIBIT "A" TO RESOLUTION NO. 2003- Accepting several public streets created and constructed by the City of Temecula into the City-Maintained Street System as described below: Portion of Overland Drive from Ynez Road to Margarita Road constructed within City right-of- way per ClP Project PW97-07 dedicated per: Offer of Dedication per Instrument No. 1998-385303 recorded September 10, 1998 Final Order of Condemnation per Instrument No. 2000-059678 recorded February 17, 2000 Portion of Overland Drive from Ynez Road to Jefferson Avenue constructed within City right-of- way per ClP Project PW95-11 dedicated per: Grant / Quitclaim Deed per Instrument No. 1992-453093 recorded November 25, 1992 Grant Deed per Instrument No. 1998-556836 recorded December 23, 1998 Final Order of Condemnation per Instrument No. 2000-233563 recorded June 16, 2000 Final Order of Condemnation per Instrument No. 2000-411536 recorded October 19, 2000 Portion of First Street from Old Town Front Street to Pujol Street constructed within City right- of-way per ClP Project PW95-08 dedicated per: Easement Dedication per Instrument No. 1988-116664 recorded May 2, 1988 Right-of-Way Easement Grant Deed per Instrument No. 1997-048575 recorded February 13, 1997 Offer of Dedication per Instrument No. 1997-238779 recorded July 8, 1997 Grant Deed per Instrument No. 1998-170295 recorded April 30, 1998 Final Order of Condemnation per Instrument No. 1998-182245 recorded May 4, 1998 Portion of First Street & River Street of MB 15/726 of the County of San Diego surveyed December 5, 1884 Portions of Lot "A" & "B" (First Street) of Parcel Map 7674 recorded December 29, 1980 Portion of Lot "A" (Pujol Street) of Tract Map 8643 recorded March 28, 1977 17 ITEM 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE . CITYMANAGER ~- I CITY OF TEMECULA AGENDA REPORT City ManagedCity Council /~William G. Director of Public Works/City Engineer Hughes, September 16, 2003 Reimbursement Agreement between Rancho California Water District and the City of Temecula for the Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-11 SD PREPARED BY:~mer Attar, Principal Engineer - Capital Projects ~ Steven Beswick, Associate Engineer- Capital Projects RECOMMENDATION: That the City Council approve the Reimbursement Agreement between Rancho California Water District (RCWD) and the City of Temecula for the Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-11SD. BACKGROUND: ' On May 13, 2003, the City Council approved the Solicitation of Construction Bids for the Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-11SD. The reimbursement agreement states that RCWD will reimburse the City for the cost of relocating an existing 8-inch PVC water line in Muirfield Drive and the installation of the new 8-inch PVC recycled waterline in Loma Linda Road. The relocation and installation of the two waterlines mentioned above is part of the Pechanga Parkway Phase IIA Storm Drain Improvements. The Pechanga Parkway Phase IIA Storm Drain Improvements at L. oma Linda Road and Muirfield Drive include the installation of a 3-cell reinforced concrete box (3 cells @ 14' x 7") within the northeasterly section of the 134-foot right of way. The 3-cell reinforced concrete box crosses Loma Linda Road and Muirfield Drive. The two waterlines will need to be constructed and/or relocated under the 3-cell reinforced concrete box. The total cost of relocating the existing 8-inch PVC water line in Muirfield Drive and the installation of the new 8-inch PVC recycled waterline in Loma Linda Road is $149,508.00. FISCAL IMPACT: All costs associated with the Reimbursement Agreement will be paid for by RCWD. Thero is no fiscal impact to the City. ATTACHMENTS: Reimbursement Agreement between the City of Temecula and RCWD for the Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-11SD. 1 REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA PECHANGA PARKWAY PHASE IIA, STORM DRAIN IMPROVEMENTS PROJECT NO. PW99-11SD RANCHO CALIFORNIA WATER DISTRICT THIS AGREEMENT is made and entered into as of September 16, 2003, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water District, a California Water District and existing and operating under Division 13 of the California Water Code, hereinafter referred to as "RCWD'. In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish reimbursement to CITY by RCWD for the cost of the relocation and installation of certain water improvements made necessary by the construction of the Pechanga Parkway Phase IIA, Storm Drain Improvements, Project No. PW99-11SD, hereinafter referred to as "PROJECT". Section II. RCWD shall reimburse CITY for one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENT"), for the relocation and installation of certain water improvements within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY by RCWD shall include the following items as shown within the attached Bid Result Spreadsheet: A. Water Items Extended Bid Amounts Bid Item 101 $ 5,000.00 Bid Item 102 $ 44,475.00 Bid Item 103 $ 3,000.00 Bid Item 104 $ 8,000.00 Bid Item 105 $ 5,000.00 Bid Item 106 $ 3,500.00 Bid Item 107 $ 2,000.00 Bid Item 201 $ 5,000.00 Bid Item 202 $ 35,000.00 Bid Item 203 $ 5,000.00 Bid Item 204 $ 4,000.00 Bid Item 205 $ 5,000.00 Bid Item 206 $ 10,000.00 Bid Item 207 $ 5,000.00 Bid Item 208 $ 4,830.00 Bid Item 209 $ 4,830.00 TOTAL $ 149,805.00 R:\CIP~PRO J ECT S\PW 9 9\ 9 9-1 1 SD Wolf Valley Creek Channel\RCWD Reimbursement Agrmnt.doc 1 Section III. Costs are based on construction bids received for the PROJECT under "Rancho California Water District Items" shown within the attached Bid Result Spreadsheet. CITY has evaluated and analyzed all bids received and selected the lowest responsible bidder for the PROJECT as Riverside Construction (herinafter referred to as "CONTRACTOR"). RCWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. RCWD shall maintain as a contingency an amount equal to ten percent (10%) of the total estimated costs of constructing the water facilities to account for unforeseen changes to the work. The CITY shall obtain approval from RCWD prior to the approval of any change orders associated with the relocation and installation of these facilities, and authorizing the contractor to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of RCWD in approving change orders associated with waterline construction shall be borne by RCWD. RCWD shall respond to water facility change orders within three business days. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to RCWD for payment on the following basis: A. The CITY shall invoice RCWD on a monthly basis for all RCWD facilities completed by the CONTRACTOR. RCWD shall remit payment to the City within twenty-five days of receipt of invoice. Section IV. It is acknowledged that RCWD has reviewed and approved all CITY plans and specifications for the relocation and installation of the water facility improvements and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate Steven W. Beswick, Associate Engineer, Capital Projects, as the contact for CITY in regards to this agreement. RCWD agrees to designate Mr. Steve Brannon, Development Engineering Manager, as a point of contact for RCWD to facilitate the reimbursements identified herein. Section V. INSPECTION. RCWD shall provide and pay for inspection of all new and relocated facilities specifically, Bid Items 101, 102, 103, 104, 105, 106, 107, 201,202, 203,204, 205, 206, 207, 208, and 209. Section VI. NOTICES All notices under this Agreement shall be sent as follows: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Attn: Steve Brannon, Development Engineering Manager CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Atto: Steven W. Beswick, Associate Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. R:~CI~PROJECTS\PW99\99-11 SD Wolf Valtey Creek Channet\RCWD Reimbursement Agrmnt,doc 2 This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT By:. Print Name & Title By: Print Name & Title City: CITY OF TEMECULA Jeffrey E. Stone, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk R:\CI~PRO JECTS\PW99\99-11 SD Wolf Valley Creek ChanneF, RCWD Reimbursement Agrmnt.doc 3 KRIEGER & STEWART, INCORPORATED Engineering Consultants TEL: (909) 684-6900 · FAX: (909) 684.6986 TO:. S~ve Besv,~,,k FACSIMILE TRANSMITTAL SHEET (909) 693..~929 (909)694-6411 1~: Pecan ~ark~y ~cle~ ~a~r ~-P~e I ~i~ No. 9~) ~ 8/20/20O3 %'OTAL NO. (~ pA~ES INCLUDING 592-118 $92-1185 OURGF. NT ["'I AS ~QL~.SI~D ~[FOR~J~VIEV? I~pLEM£1~PLY/COMM~NT nOICIC4~ALTOFOLLO~BYMAIL RECEIVED AUG 2, 0 'Z003 Ct~Y'OF TEMECULA ~=NGINEERING DEPARTMENT any ? o~ t[~ fax i~ rn~ng or ~n,l~cde, please caJ[ ~,60! ~/qlVER$[TY AV~NUI~. RIVS'RSIDI~, CALIFORNIA 9250t.33~1 CONSTRUCTION RECYCLED WATER ITEM DESCRIPTION QUANTITY ~ ~ TOTAL PRICE NO. , 101 Furnish u~uch lxo~clion (sho~ing o~ sloping) in sccordance wRh CAL OSHA Su~dards for all u~.hes : in depth as required by the Special $_~__~ ~ Plovisions. N/A L.S. N/A ~o2 ?umish au~ i~aii 16" ?Ye, C ~0~, O--, ~$ (DR iS) pipe (mageum in colo0, duclile iron fluids, jolnls, thrust blocks, a~i locatot witc i~cl,,a!~Z fi~i~i,g anti t~i~tmess) ~mder future RCB storm Liuda Ro~l, Su~ious 11+10.00 ~o ._...._...--- 11 +90.00) by open ~ construction, and ins~ltln~ 16" PVC, C90S, Class 23S (mt l 8) pip= loca or ca.sing pe~ Steel Casing Scctio,, Detail Sheet 2 o£ the Coustn~tio,, Dmwi~__gs, insulling test stations to caslng per ~ Standard Drawing P.W-40A, and l~=paratio,, of app=ovcd traffic consol drav~gs 0Loma Linda Road, Stations 58+80.00 to 59+52.97 to 12e35.00). 257~- L.F. $ ----..-- 103 Fumlsh and install 2' air mind '~acuum RW. I0 (I. oma Liuda Road, S~ations 104 Famish _sn,t install blowoff installation p~r Daall Sheet 2 oft. he Constmaio,, Drawings (~eoh.-~a Road, ~tation P-1 CONSTRUCTION OF P]E~GA PARKWAY RECYCL]~ WATE,R I~I~"LINE- ~ ! ffRO,~,CT NO. ~ DF, SCRIFrlON QUANTITY KiNIT UNIT TOTAL NO. I~RICE 105 ~s~ ~ ~ 16~ PVC, ~5, C~ l~r ~ ~ L~ R~ S~o~ 1 ~ ~ ~ pla~ 4"~t ~ ~t on 12" CI~ R ~ ~ C~ of Te~ s~om, ~&, ~ ~, m ~ for ~ ~h ~ ~t of~h ~ L~ ~ St~ttn~ 12+1~ ~ 12+4~). 3~ TO~S $ SUB-TOTAL ~ 101 - 107 RD) ADDITIONS/DEDUCTIONS TOTAL BID TOTAL TOTAL s Bidders Authorlz~d ~ve Contractor-furnished materials t~ the job site. P-2 CO STg cno ABlt WATER PIPELINE I CATIO NO. DllSgl ri'gM DESCRIFrlON QUANTITY UNIT UNIT TOTAL ~IO. PRICE 201 Furnish irench protectio~ (shoring ot sloping) in s~.~c ~h CAI, OSHA SUmdards for all u-e~hcs greate~ than 5' in depth as ~equired by ~ Special Provision. N/A L.S. 202 l~move exisilng $' ?¥C waterline as ~luked for co~c~io~ furnish and and ]ocalor ~ including furnishing and imtalliag 70:t: L.P. or 24" _,'-',,i%- (3/8" ~ Igo.~ ~.~o .- 14'x7' RCB storm channel 0viuidlold ~AS ,',",1 ~---'- Drive, StOlon 5+05.00 ~o 5+75.00) by ~ open ~ eonsmtction and inst-!~i,%- 8" PVC, C900, Crass 200 (DR 14) pipe and ,.~/iD,G o locaior wi~ inside casing per Steel Casing Section D~tail Shect 3 of the Coastnmion Drawiags, installing t~t slations to casing per Standard Drawing RW-40A, and preparatio~ ofapprovcd uaflic °°nirol drawings (Muirfield Drive S~*~"'~' ~74~ ia 6+16.00), 14~ I..lh $ ~O $ ,~. -~ 203 Tamporarily reloc, at~ exi.~ni-~ wat~ servio~ piping from Station 6+00~ to Stmioa 6+25~- and relocato said m'vice piping back ~o Station 6+00,00 at job completion in a~mrdance with Skoe, t 3 of t~e Coasln~gou Drawings and Standard Drawing RW= 13 (Iviuirfi_Le!ri l)rlve). 1 EACH !204 Furnish ~ ~ 6"s~ f~ hydram assombly p~r Standard Drawing RW-6 P-3 CONSTRUCTION OF POTABLE WATER PI~ELD~ RKLOCATION [PROJECT NO. DI169] t'l'i~Vl DESCRIPTION QUANTITY UNIT UNIT TOTAL NO. PRICE 205 Coauect to existing g~e valve (Mulrfield Drive, S~ion 4+74t:) in acoozdanc= with Sheet ~ of the Conslmofion Drawinss. N/A L.S. $ff_~ffi___ 206 Furnish and install IP' shear grig flang~ spool (10 LF.) inoludin~ $" sa~ valw md thrust block and con.ct to existing syst,~n in ac~-.~xdan== with Sheet 3 oftl~ Co~z~ction Drawings (M~eld Drive, 207 Furnish and imtall 8' P¥C C900 Class 200 (DRi4) ~nnectlon p~ing including with Sheet $ ~fthe Conslmction Dmv~? (Ivlulrield D~ve, S~om 6+16.00 to 6+25.00). 1WA L.S. $ 208 F,mi-~h ired place 4"asphalt conczete pavement on 12" Class H base per City of Temecula specifications, standards, and permits, ns require~ for the psvement repair or replncen~nt, per lineal toot of u'ench (Mulrfield Drive. St,_in_,, 4+74* to 6+35.00). 161. L.F. $ 209 Fl=nish ancl install 1" asplzalt conoz=to pavomont ovezlay (El' wido) per City of Temecul~ Specifications, SUmdards, and Permits per ton-~ge (Muirfield Drive, .Stafion~ 4+74.~ ~o ~+35.00). IZ~ TONS $ Bm SC~ED~ H CONSTRUCI*ION OF POTABLE WATER PIPFLINE RELOCATION [PRO~ECT NO. D1169] SUB-TOTAL ITEMS 201 - 209 BID ADDITIONS/DEDUC'zxONS TOTAL BID P-5 BID SCI~BULE SUMMARY PECHANGA PARKWAY RECYCLED WATER PIPELINE- PHASE I [PRO~ECT NO. 980S3] AND POTABLE WATER PIPEliNE RELOCATION [PROJECT NO. Dl169] BID S ~C'~i~I)ULE I $ BID SCm~.nULE Et $ TOTAL SUM OF BID SCit~DULES I AND II S Bidders Authorized Represenut~ve '- Thc Dis~ct reserv~ the righ~ to ~eject any and all proposals, to waive any i~regulatities or to award th~ contract to o~her than the lowest B~dder. All prices are to iuclude sales tax and delive~ of ConUactor-fu~ed marcels to tho job ITEM 13 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL f/~,~, A,[/IJ CITY ATTORNEY ~--~'¢ II DIRECTOR OF FINANCE CITY MANAGER ~11 City ManagedCity Council ,'~William G. Hughes, Director of Public Works/City Engineer September 16, 2003 Professional Services Agreement with Berryman & Henigar for Engineering Design Services for the Rancho California Road Widening from Old Town Front Street to Interstate 15 Along the Southside, Project No. PW02-19 PREPARED BY: Amer Attar, Principal Engineer David McBdde, Senior Engineer RECOMMENDATION: That the City Council: Approve the agreement with Berryman & Henigar to provide professional design services, in an amount not to exceed $135,805.00, and authorize the Mayor to execute the agreement. Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $13,580.50 which is equal to 10% of the agreement total. BACKGROUND: The Rancho Califomia Road Widening from Old Town Front Street to 1-15 along the southside will improve traffic flow by adding a dedicated right turn lane to the southbound 1-15 on-ramp. In addition, alternatives that include adding another left turn lane from westbound Rancho California Road to Old Town Front Street will also be evaluated. The Public Works Department requested proposals from twenty o ne (21) different firms with extensive experience in engineering design of road widening and circulation improvement projects. Five (5) firms responded to the proposal and all of the firms have satisfactorily performed work previously for the City. Staff rated Berryman & Henigar as the firm providing the most qualified and cost effective proposal. Berryman & Henigar has extensive experience with similar projects. They will provide the preliminary studies, and design work as described in the Scope of Work shown in Exhibit "A" of the attached agreement. FISCAL IMPACT: The Rancho California Road Widening from Old Town Front Street to 1-15 (Southside), is a Capital Improvement Project funded with Measure A Funds. The total contract amount for the design agreement is $149,385.50, which includes the contract amount of $135,805.00 plus the 10% contingency amount of $13,580.50. Adequate funds are available in Account No. 210-165-624-5802. A'I-rACHMENTS: 1. Location Map 2. Project Description 3. Agreement with Berryman & Henigar 1 ,I ,I ° o <';S o~ CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE RANCHO CALIFORNIA ROAD WIDENING FROM OLD TOWN FRONT STREET TO INTERSTATE 15 (SOUTHSlDE) PROJECT NO. PW02-19 THIS AGREEMENT, is made and effective as of September 16, 2003, between the City of Temecula, a municipal corporation ("City") and Berryman & Henigar, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 16, 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2004, 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. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the previsions of Sections 1773.6, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, 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 B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thirty Five Thousand Eight Hundred Five Dollars and No Cents ($135,805.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 1 b. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. 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 City 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. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City 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 pdor written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. 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, City 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 arises 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 City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City 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 clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and 2 shall allow inspection o f a II work, data, documents, proceedings a nd activities r elated t o t his Agreement. Such records, together with supporting documents, shall be maintained fora 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 original 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 City and may be used, roused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable wdtten request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the wdtten consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnity, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 City. 10. 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 arise 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: Insurance Services Office Commemial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covedng Automobile Liability, code 1 (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, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L lability Insurance s hall b e w dtten o n a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One Million Dollars $1,000,000 per occurranca for bodily injury, 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: One Million Dollars ($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. (4) Professional Liability coverage: Two Million Dollars ($2,000,000) per claim and in aggregate. 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; orthe Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Previsions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: O) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the 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 City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be pdmary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained bythe City, 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 previsions 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 written notice by certified mail, return receipt requested, has been given to the City. 4 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 City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City 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 City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City 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, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. 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 City, 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. 13. 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 City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, Ietters of support, testimony a t depositions, response to interrogatories o r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City 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 there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar 5 proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the dght by City to control, direct, or rewrite said response. 14. 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, 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. 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. To City: City of Temecula Attention: City Manager Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 Street Address: 43200 Business Park Drive Temecula, California 92590 To Consultant: Berryman & Henigar 11590 West Bernardo Court, Suite 100 San Diego, CA 92127 Attention: Mark Risch 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor wdtten consent of the City. 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. 16. LICENSES. At all times dudng the term of this Agreement, Consultant shall have in full force and effect, ail licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern 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 district 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 dghts under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, dudng his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA Jeffrey E. Stone, Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Berryman & Henigar Mark Risch 11590 West Bemardo Court, Suite 100 San Diego, CA 92127 (858) 451-6100 Keith Gillfillan, Sr. Vice President Roger Frauenselder, Sr. Vice President (Signatures of two corporate officers required for Corporations) 8 EXHIBIT A TASKS TO BE PERFORMED 9 EXHIBIT A Rancho California Road Widening Scope of Work The following tables provide our proposed detailed scope of work to widen Rancho California Road between Interstate 15 and Old Town Front Street to provide and eastbound right turn only (RTO) lane and a southbound dual left turn lane, if feasible, at Old Town Front Street. The tasks in the scope are based on the outlines provided in the request for proposal (RFP #1'17). We have supplemented the tasks outlined in the RFP to present a more complete and comprehensive scope of services. It includes the various items of work to be performed, any assumptions made, a detailed list of deliverables for each of the tasks and any optional services that BerG, man & Henigar is prepared to provide. The tasks shown on these tables correlate directly to the tasks shown on the proposed task-hour analysis spread sheet enclosed in this proposal. This scope along with the task-hour analysis form the basis for final contract negotiations. TASK NO.TTASK DESCRIPTION I DELIVERABLES 1.1 ProJect Management and Coordination Q Berryman & Henigar will perform the necessary Project Management and Q Monthly Status coordination duties expected for a project of this magnitude. Such activities Letter/Progress Report include but are not limited to the following: gl Meeting Agendas · Monthly PDT Meetings ~3 Meeting Minutes & Action · Correspondance Items · Cost Accounting r, Hard Copy Plot of Project · Monthly Progress Report (Assumes 6 month duration) Schedule. (Monthly Updates) · Project scheduling r, Copies of Utility Record · Coordination with other engineers, architects and developers · Quality Control/Quality Assurance 1.2 Research & Data Gathering Q Obtain City and utility companys' records to include: [3 Utility and right of way · County Tax Assessor's parcel maps, numbers and ownerships information plotted on base · Right-of-Way information / mappping topographic map ~ Perform field site review to field-verify existing improvements, adjacent grading, and utilities 1.3 Surveying and Base Mapping Q Field surveys to set up horizontal and vertical control (temporary bench Q Topographic map showing marks) for the project elevations, contours, existing ~3 Survey ties to all accessible existing monumentation to set project centerline utilities and surface and as a record of monumentafion location during construction, improvements Q Field surveys to supplement aerial topographic mapping Q Bound notebook of all Q Provide topographic mapping monumentation ties and All base mapping will accurately show the locations of surface and subsurface survey notes and sketches utilities and improvements as found in the field surveys and agency records, along with coordinate listings. The base maps will show the following information: [} Electronic files and a plot of · Spot elevations all control coordinates for use · Contours at 1' intervals in construction staking · Existing right-of-way (ROW) and property lines · Surface and subsurface utilities · Surface improvements and culture G Construct Digital Terrain Model of the existing terrain for use on the alternatives anal)sis and final PS&E EXHIBIT A Rancho California Road Widening Scope of Work 1.4 Alternatives Analysis Q Prepare 1"=40' scale preliminary plan for the basic roadway alignment [~ Hardcopy plots of all studied which will indicate the existing topography and improvements, geometric alternatives alignment, centerline profile, typical roadway sections, grading, lane widths, g~ Preliminary cost estimates for existing and proposed right of way, major utilities, traffic flows, monitoring all studied alternatives wells, and drainage facilities, including all required offsite private O Preliminary ROW mapping improvements for each alternative with ! Q Prepare preliminary ROW requirements mapping for each alternative acquisition areas shown Q Prepare preliminary cost estimate for each of the alternatives Q Make recommendations for the preferred alternative 1.5 Environmental Documentation Support ~ Provide the City with relevant project graphics and other readily available ~ Graphica information to support the environmental documentation process. Q Any required data resulting from the previous tasks 1.6 Geotechnlcal Investigation Q Provide geotechnical investigation / soils report to provide all necessary ! Q Geotechnical investigation data recommendations for the final design. Investigation and report shall and 5 copies of final soils include: report · Review existing geotechnical documentation E~ Test pit boring locations · Structural foundation conditions and recommendations · Structural section recommendation for the latest roadway traffic index Q Traffic Control plan for field · Over-excavation and recompaction requirements investigation · R-values for the existing subsurface material [3 Utility coordination · Excavation of approximately 3 exploratory pits including the area of the ~ Laboratory testing and results existing / proposed retaining wall · Utility backfill and corrosion design parameters · Testing, analysis and recommendations for retaining wall(s) · Test pit boring location plan · Traffic control concept plan for the field investigation (may be required for Caltrans) · Coordination of utilities for tests · Laboratory testing of moisture, density, R-value, Sand Equivalent, Cai Test 216, Expansion, Direct Shear and Corrosion (18 tests in all) · Conclusions and recommendations 1.7 Traffic Study G Provide a peak hour turn analysis to determine the proper configuration of ~ Letter report of the counts, the intersections and traffic signals. The following intersections will be analysis and evaluated: Q Rancho California Road at Front Street / Jefferson Street recommendations. G Rancho California Road at 1-15 (NB and SB Ramps) The following will be performed: G Commission Peak Hour traffic counts for the above intersections for both AM and PM peak periods. ~ Analysis to determine operational level of service (LOS) for both existing and proposed configurations. ~ Make recommendations for geometric configuration of the intersections. G Prepare a letter report outlining the analysis and recommendations. Note: No traffic forecasting for future years is assumed in this scope of work. EXHIBIT A Rancho California Road Widening Scope of Work I1.1 Project Management r~ Tasks similar to those shown in Task 1.1 I Q Deliverables similar to those I shown in Task 1.1 11.2 Utility Coordination Coordinate / meet on utility specifics with utility owners / operators as required. ;3 Utility contact This task assumes no more than 2 meetings along with various telephone correspondence / meeting discussions and correspondence, notes as requested 11.3 Drainage Desitin ;3 Consult with the Riverside County Flood Control and Water Conservation Q Final hydrology and hydraulic District's Master Plan if required calculations & reports all in ;3 Determine the need for new, modified, or relocated facilities and conformance with City, County improvements required to handle flows and Caltrans criteria ;3 Perform hydrology and hydraulics calculations necessary ~3 Prepare hydrology and hydraulic report in accordance with the requirements of the RCFC&WCD that contains all calculations and computer printouts and a written summary of the methodology used and our findings and recommendations for the proposed crossing 11.4 Final Plans, Specifications, & Estimates ;3 Prepare final plans for the preferred alternative. Submittals will occur at the Q 6 hardcopy sets of the plans 30%, 70%, 90% and final (camera ready package) levels of progress. Plans and estimate at each submittal will include the following: level · Roadway curb grade and other street improvement plans · Offsite private improvements required ;3 Unit cost justification · Grading and earthwork ;3 Mylars of the plans and · Retaining walls and support structures electronic copies of all plans, · Storm drain (if required) specifications and estimate at · Landscape & irrigation plans the final level of submittal · Signing and striping Q All electronic submittals will be Erosion control (if no SWPPP is required) 100% compatible with · Construction phasing and detour plans AutoCAD 2000, Microsoft · Traffic signal modifications at the 2 intersections Word 2000 and Excel 2000 Street lighting plans · Required minor utility relocations Q 2 copies of specifications Signal interconnect plans outline at 70%, full at 90% ;3 Prepare a bid schedule and corresponding special provisions for the various ;3 Special provisions/technical items of work. The special provisions will be done using the Caltrans specifications (one copy Standard Specifications as the basis and be formatted into Greenbook printed with all edits and (Section 1 through 9) format, hidden text visible, second ;3 Prepare an engineer's opinion of cost (estimate) from the bid schedule, copy without hidden text · Two independent quantity calculations shall be completed within industry standards 11.5 Right-of-Way En~lineerin~l and Acquisition Support Q Prepare legal descriptions and plats for the three affected properties (one for Q Hardcopy and electronic Circle K and two for Denny's) KFC does not own property contiguous to the copies of the legals and plats project. This task also includes legal and plat work for up to 1 additional at 70%, 90% and final boundary for conveyance of property to Caltrans if required, submittals. EXHIBIT A Rancho California Road Widening Scope of Work 11,6 Permitting [3 Storm Water Pollution Protection Plan (SWPPP), if required, conforming to [:3 SWPPP- 3 copies at and of current NPDES and local standards. (Optional task) design process (Optional) [3 Caltrans Encroachment Permit [3 Caltransencroachment permit · Fill out permit application and ready for City signature [3 WPCP (Optional) · Follow up with Caltrans to go over submittal and discuss design and revisions QI If required by Caltrans, provide the WPCP (Optional Task) · Fill out permit application and ready for City signature · Providethe required WPCP plan EXHIBIT A Rancho California Road Widening Scope of Work TASK NO. T TASK DESCRIPTION [ DELIVERABLES II1,1 Bid Support (Optional Service) We will assist the City throughout the advertising, bidding, and contract ;3 Written responses to inquiries award process. Services will include: ;3 Addenda with attachments ;3 Answering Contractor inquiries, issuing addenda, and attending pro-bid meeting ;3 Bid Summary ;3 Attending bid opening and assisting the City in determining qualified bidders and interpreting the bids. Once bids are received we will review them for compliance with the provisions of the contract documents, check that they have been tabulated correctly, and determine whether the substitutions are acceptable. ;3 Preparing a bid tabulation sheet of all bids and recommend to the City which bid to accept for contract award 111.2 Construction Support (Optional Service) Assist the City throughout the construction period with the following: ;3 Written responses to shop ;3 Attendance at the pre-construction meeting drawings, RFI's and change Q Shop Drawing and RFI Review order requests in 24 hours [3 Review of Contractor Change order requests ;3 Signed As-built Mylars [I Provide As-built plans at the close of construction Assumptions to the Scope of Work: 1. City to provide as-built data research and mapping for all City owned records and franchise utility information. 2. Berryman & Henigar can provide field construction surveying if requested, but this item of work is not included in the above scope of work or associated fee proposal. 3. Task 1.4, "Alternatives Analysis," assumes three alternatives will be studied. 4. Task 1.5, "Environmental Documentation Support," assumes the City will provide all environmental documentation required for this project. 5. Task 1.6, "Geotechnical Investigation," does not include construction support services (testing, inspection, soils contamination/cleanup consulting, etc). However, these services can be added to the scope of services if the City so desires. This scope of services assumes that five final copies of the geotechnical repod will be prepared. No draft copies are assumed. 6. City will provide standard sheet borders and format for the final plans. 7. It is assumed that the SWPPP, if required, will be completed in lieu of erosion control plans. If no SWPPP is required, erosion control plans will be prepared. 8. Although the RFP requires permitting processing with a number of resource agencies, our understanding from conversations with City staff is the only anticipated permits required for this project may be NPDES SWPPP, Caltrans Encroachment Permit and Caltrans WPCP. 9. Photo realistic visual simulations arc not assumed to be a part of this scope and associated fee, but can be provided if the City so desires for a negotiated fee. 10. As-built plans will be based on contractor and City mark-ups. No survey work for this task is anticipated. 11. Task 11.5 assumes legals and plats for ROW only. No slope easements or TCEs are assumed. 12. The City will provide title reports for all acquisition-affected propedies. 13. The scope and associated fees assumes that all soils investigations will occur during the day. 14. All improvement plans will be prepared in accordance with the regulations and standards of the State of California and the City of Temecula. 15. For Task 1.7, "Traffic Study", a limited investigation for determination of the proper proposed geometry is assumed for existing traffic peak volumes. No forecasting of traffic for future years is assumed to be included in the scope of work or associated fee proposal. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Exhibit B PHASE I - PRELIMINARY ENGINEERING AND SUPPORT TOTAL TASK I. TASK 1.2 - Research & Data - TBD.01 TASK 1.4 - A TASK 1.6 - Geote~hnical Investigation o TBD.O1 TOTAL TASK TASK 1,7 - Traffic , - TBD.0t [ Total for Phase l: $42,$15.~ ] Page 1 of 3 Exhibit B I JOb Name: IJO~ Number: ID~: I~V: I Rancho California Road I PW02-t9 [ 20-Aug-03 I M. Risch I Cl~7 of Temecula I I It~l^lul^lel^l"l^lel^l u~^l'i'~'~lul^(Ul ^I el ^1 PH~E II - FINAL DESIGN ~ERVlCE~ Coordination - TBD.02 - TBD.02 $26,676.00 Page 2of3 Exhibit B Job Name: Jcb Number: DatQ: Rancho California Road I c~/of ~emec~ I I I PHASE III - BID AND CONSTRUCTION SUPPORT (OPTIONAL SERVICES) TASK 111.2 C, of Temecula Rancho California Road Widening Rate Sheet Rancho California Road Widening City of Temecula I Ilal l l IB rJ !llllll ! I Mark Risch, PE I Project Manager $148.50 Keith Gillfillan, PE I Principal-in Charge-QA/QC $150.00 Mike Roberts, PE I Project Engineer $108.00 Staff I Senior Designer $80.00 Josh Frohman I Designer $70.00 Steve Smith, PE I Structural Design $145.00 Staff I CADD Technician $54.00 Miriam McKenna, PE I NPDES Advisor $125.00 Mike Foreman, PLS I Surveyor $140.00 2-Man Survey Crew I Surveying $200.00 ClericalANord Processing I Administrative $50.00 Out-of-pocket expenses (blueprinting, reproduction, printing, etc.) will be invoiced at cost 29 ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE ClTY MANAGER CITY OFTEMECULA AGENDA REPORT TO: FROM: i ~ City ManagedCity Council ~Y'~'t/',William G. Hughes, Director of Public Works/City Engineer DATE: September 16, 2003 SUBJECT: French Valley Parkway/I-15 Intemhange Design Cooperative Agreement with j~State of California Depadment of Transportation PREPARED BY: ~.j~mer Attar, Principal Engineer ..~j~/Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT, NO. 8-1217, BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF A NEW INTERCHANGE (FRENCH VALLEY PARKWAY) ON ROUTE 15 BETWEEN THE EXISTING WINCHESTER ROAD (STATE ROUTE 79 NORTH) INTERCHANGE AND THE 1-1511-215 JUNCTION BACKGROUND: The constant backup of vehicles on 1-15 at Winchester Road has become a primary concern for officials from the cities of Temecula and Murrieta, the County of Riverside, and Caltrans. As a result, these agencies have been exploring ways to construct a future interchange on Interstate 15 between Winchester Road and the I-15/I-215 split. Caltrans has completed the Project Study Report (PSR) for the construction of a future two-quadrant cloverleaf interchange and freeway overcressing north of Winchester Road. Identified as the future "French Valley Parkway Interchange," the project will border the cities of Temecula and Murrieta. Both cities have identified the Interchange as an important traffic improvement on the Circulation Element of their respective General Plans. The project represents a multi-jurisdictional surface transportation improvement that will service regional, interstate and local transportation needs and will alleviate significant congestion problems on the 1- 15 Freeway and on adjacent roads in each city, as well as the unincorporated areas of Riverside County. Currently, the City's consultant, Moffatt & Nichol Engineers, is working on all the necessary design requirements to prepare a Project Report (PR) and Environmental Documents (ED) for the French Valley Parkway/I-15 Overcrossing and Interchange Improvements, Project No. PW02-11. In addition, upon approval from the Federal Highway Administration (FHWA), Moffatt & Nichol will prepare the Plans, Specifications and Estimate (PS&E) for the French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I. This agreement defines the terms and conditions under which the project will be designed and financed during this phase. The Scope of Work is included in this agreement along with Planning Phase Activities such as environmental analysis, geometrics development, project approval, preliminary coordination, engineering studies and reports, RAN acquisition & Utilities, and preparation of plans, specifications and estimates. In summary, the City will provide all reports, studies, and contract documents; fund 100% of all design and staffing costs, except those of the State. The State Department of Transportation will review, monitor, and app~'ove all project reports, studies, and plans, encroachment permits and activities. FISCAL IMPACT: No fiscal impact is anticipated from approving Cooperative Agreement No. 8-1217. Attachments: Resolution 2003- Cooperative Agreement No. 8-1217 RESOLUTION NO. 2003-._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DESIGN COOPERATIVE AGREEMENT, NO. 8-1217, BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF A NEW INTERCHANGE (FRENCH VALLEY PARKWAY) ON ROUTE 15 BETWEEN THE EXISTING WINCHESTER ROAD (STATE ROUTE 79 NORTH) INTERCHANGE AND THE 1-1511-215 JUNCTION The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, this Design Cooperative Agreement No. 8-1217 establishes the general conditions, methods and procedures of the design, responsibilities of each agency, and mutually agreed upon matters. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, as follows: Section 1. That the City Council approve and authorize the Mayor to sign Design Cooperative Agreement No. 8-1217 between the State of California Department of Transportation and the City of Temecula. Section 2. Authorize the Mayor to execute said Agreement. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 16th day of September 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CML, City Clerk R:~AGENOA REPORTS~003\091603\lDesign Cc, Operative Agreement French Valley.dOC [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. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting therefore held on the 16th day of September, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: R:~AGENDA REPO RTS\2003\091603\Design Cooperative Agreement French Valley.dcc STATE OF CALIFORNIA--BUSINESS. TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W. FOURTH STREET, 6t~ Floor SAN BERNARDINO, CA 92401-1400 July 29, 2003 RECEIVED JUL 3 1 2003 CiTY OF TEMECULA ENGINEERING DEPARTMENT Flex your power! Be energy efficient! 08-Riv-15-KP 8.9/14.1 In the City of Temecula, construct Interchange (French Valley Parkway) on 1-15 between Winchester Road (SR 79N) and I-15/I-215 Junction in the City of Temecula 08303 - 432700 District Agreement NO. 8-1217 Amer Attar City of Temecula Department of Public Works Post Office Box 9033 Temecula, CA 92589°9033 Dear Mr. Attar: Enclosed for execution by the City of Temecula are three (3) original Cooperative Agreements, District Agreement No. 8- 1217 for the above-referenced Project. Please have the appropriate parties for the City of Temecula sign and retum all original Agreements. Also, please attach a certified, notarized Resolution or Minute Decree approving the Agreement and authorizing the execution of this Agreement by the local agency official(s). After the Agreement is fully executed, we will remm an original for your records. If you need more information, please contact Mohammad Hossain at (909) 383-6729. Sincerely, ROBERT E. STOKES, Chief Agreements/Minor Projects Attachments Caltrans tmproves mob I ty across Californ a 08-Riv-15-KP 8.9/14.1 In the City of Temecula, construct Interchange (French Valley Parkway) on I-15 between Winchester Road (SR 79N) and 1-15/1-215 Junction in the City of Temecula 08303 - 432700 District Agreement No. 8-1217 DESIGN COOPERATIVE AGREEMENT This AGREEMENT, entered into effective on , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF TEMECULA, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". (1) (2) (3) RECITALS STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of Temecula, County of Riverside. CITY desires State highway improvements consisting of a new interchange (French Valley Parkway) on Route 15 between the existing Winchester Road (State Route 79 North) Interchange and the 15/215 junction in the city of Temecula, referred to herein as "PROJECT", and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs. STATE's funds will not be used to fmance any of the capital and support costs for PROJECT. (4) (5) (6) District Agreement No. 08-1217 This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. Construction of PROJECT will be the subject of a separate future Agreement. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. SECTION I CITY AGREES: (1) To fund one hundred percent (100 %) of all preliminary and design engineering costs, including, but not limited to, costs incurred for the preparation of contract documents, advertising for bids, and for awarding the construction contract for PROJECT. (2) To have a Project Report (PR), including all necessary Environmental Documentation (ED), and detailed Plans, Specifications, and Estimate (PS&E) prepared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PR, and the final plans and specifications for PROJECT shall be signed by a Civil Engineer registered in the State of California, except Landscaping Plans and Specifications for PROJECT shall be by a Landscape Architect registered in the State of California. (3) To permit STATE to monitor and participate in the selection of personnel who will prepare the PR, conduct environmental studies and obtain approval for PROJECT, prepare the PS&E, and provide the right of way engineering services, and to permit STATE to oversee the performance of right of way activities. CITY agrees to consider any request by STATE to discontinue the services of any persolmel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with the scope of work and/or other pertinent criteria. (4) Personnel who prepare the PS&E and right of way maps shall be made available to STATE, at no cost to STATE, through completion of construction of PROJECT including any litigation to discuss problems which may arise during construction and/or to make design revisions for contract change orders, and to provide any necessary information during litigation proceedings. (5) To not use funds from STATE for any capital and support costs for PROJECT. (6) (7) (8) (9) (10) (11) (12) District Agreement No. 08-1217 To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the State highway right of way to perform surveying and other investigative activities required for preparation of the ED, and/or PS&E. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS&E for PROJECT. To identify and locate all high and low risk underground facilities within the area of PROJECT and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Hil~hway Rights of Way". CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way". If any existing public and/or private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE's policy and procedure for those facilities located within the limits of work included in the imp/ovement to the State highway and in accordance with CITY's policy for those facilities which are or will be located outside of the limits of the State highway. The total costs to PROJECT of such protection, relocation, or removal within the present or furore State highway right of way shall be determined in accordance with STATE's policies and procedures. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the State highway right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS&E for said contract. This evidence shall include a reference to all required State highway encroachment permits. CITY shall require any utility owner and/or its contractor performing the protection or relocation work within the State highway right of way m obtain an encroaclunent permit from STATE prior to the performance of said work. To acquire and furnish all right of way, if any, outside of the existing State highway right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's quality assurance to insure that the completed work is acceptable for incorporation into the State highway right of way. (13) (14) (15) (16) (17) (18) (19) District Agreement No. 08-1217 To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. To be responsible, at CITY's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters hazardous material or contamination within the existing State highway right of way during said investigation, CITY shall immediately notify STATE and responsible control agencies of such discovery. If CITY desires to have STATE advertise, award and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on either 4 or 8 millimeter magnetic tape using Micro Station Release 5.0 .dgn files in UNIX TAR or CPIO format. One copy of the data on the magnetic tape, including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to modify the magnetic tape requirements and STATE shall provide CITY advance notice of any such modifications. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement referred to in Article (13) of Section III of this Agreement. To obtain, at CITY's expense, all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute parts of the cost of PROJECT. All aerial photography and photogrammetric mapping shall conform to STATE's latest standards. District Agreement No. 08-1217 (20) (2i) A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, survey documents to be furnished are three sets of contract prints, with one set showing control, a complete photo index - two prints and a copy of the negative, and the original aerial photography negative. Any engineering services required for PROJECT are to be performed by CITY. If CITY requests STATE to perform any of these services, CITY shall reimburse STATE for such services. An Amendment to this Agreement authorizing STATE's performance of such services will be required prior to performance of any engineering work by STATE. SECTION II STATE AGREES: (1) Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY authorizing entry onto the State highway right of way to perform survey and other investigative activities required for preparation of the ED, and/or PS&E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature to STATE for the purposes of fulfilling STATE's obligations herein. (2) The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may be modified in writing in the future to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by (3) (4) (5) (6) (7) (8) District Agreement No. 08-1217 CITY and STATE's District Director for District 08 and become a part of this Agreement after execution of the amending document by the respective officials of the parties. The Project Study Report (PSR) for PROJECT approved on May 21, 2002, by this reference, made an express part of this Agreement. The basic design features (as defined in Attachment 3 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and/or FHWA approval of PROJECT. The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE's standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards". STATE shall consult with CITY in a timely manner regarding effect of proposed and/or required .changes on PROJECT. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. Should any portion of PROJECT be financed with Federal Funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. Any hazardous material or material or contamination of an HM-1 category found within the existing State highway right of way during investigative studies requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the responsibility of STATE. Any hazardous material or contamination of an HM-1 category found within the local road right of way during investigative studies requiring the same defined remedy or remedial action shall be the responsibility of CITY For the purpose of this Agreement, hazardous material or contamination of HM-1 category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. If CITY decides to not proceed with PROJECT, STATE shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the existing State highway right of way and 6 (9) (10) (11) (12) District Agreement No. 08-1217 CITY shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the local road right of way. If CITY and STATE decide to proceed with PROJECT, STATE shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the existing State highway right of way, except that if STATE determines, in its sole judgment that STATE's cost for remedy or remedial action is increased as a result of CITY's decision to proceed with PROJECT, that additional cost identified by STATE shall be deemed a part of the costs of PROJECT. CITY shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the local road right of way. STATE will exert every effort to fund the remedy or remedial action for which STATE is responsible. In the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY's expense without any subsequent reimbursement by STATE. The remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within the existing State highway right of way during investigative studies shall be the responsibility of CITY, at CITY's expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement, hazardous material or contamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign any HM-2 storage manifest if PROJECT proceeds and HM-2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect HM-2 material left in place. If hazardous material or contamination of either HM-1 or HM-2 category is found on new right of way to be acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall be responsible, at CITY's expense, for all required remedy or remedial action and/or protection and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE in accordance with Article (15) of Section I of this Agreement. The generator of the hazardous material or, if none can be identified or found, the present property owner, whether a private entity or a local public agency, or CITY, as a last resort, shall sign the manifest. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. (13) (14) (15) (16) (17) (18) District Agreemem No. 08-1217 Remedial actions proposed by CITY on the State highway right of way shall be pre- approved by State and shall be performed ia accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. Nothing in the provisions of this Agreement is intended to create duties or obligations to or right is third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation or maintenance of State highways and public facilities different from the standard of care imposed by law. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. Except as otherwise provided in Article (17) above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on June 30, 2008, whichever is earlier in time. District Agreement No. 08-1217 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation CITY of TEMECULA By: Jeffrey E. Stone, Mayor By: ANNE E. MAYER District 08 Director APPROVED AS TO FORM AND PROCEDURE: Attest: Susan W. Jones, CMC, City Clerk Attorney, Department of Transportation CERTIFIED AS TO FUNDS: District Budget Manager APPROVED AS TO FORM AND PROCEDURE: By: Peter M. Thorson, City Attorney CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Accounting Administrator 9 SCOPE OF WORK District Agreement No. 08-1217 This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed a new interchange (French Valley Parkway) construction on Route 15 between the existing Winchester Road (State Route 79 North) interchange and the 15/215 junction in the City of Temecula. CITY will be the Lead Agency for CEQA and STATE will be the State Lead Agency for NEPA and a CEQA Responsible Agency. The Federal Highway Administration (FHWA) will be the Federal Lead Agency for NEPA. CITY will assess impacts of PROJECT on the environment and, if necessary, CITY will prepare the Environmental Document(s) (ED) to meet the requirements of CEQA and NEPA. The draft and final ED will require STATE's review and approval prior to public circulation. CITY will provide all data for and prepare drafts of the Draft Project Report (DPR) and the Project Report (PR). STATE will review and process the reports and request approval of PROJECT and ED by the FHWA. CITY will be responsible for the public hearing process. CITY and STATE concur that the proposal is a Category 3 as defined in STATE's Project Development Procedures Manual. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to, but not including advertising of PROJECT. STATE will prepare the revised freeway agreement and obtain approval of the new public road connection(s) from the California Transportation Commission. All phases of the PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. Detailed steps in the project development process are attached to this Scope of Work. These attachments are intended as a guide to STATE's and CITY's staff. 3_0 District Agreement No. 08-1217 ATTACHMENT 1 PLANNING PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE CITY ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment Identify Preliminary Alternatives and Costs Prepare and Submit Environmental Studies and Reports Provide Quality Assurance X Provide Quality Control Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X X X X X X PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis Prepare Future Traffic Volumes for Alternatives Prepare Project Geometrics and Profiles Prepare Layouts and Estimates for Alternatives Prepare Operational Analysis for Alternatives Provide Quality Assurance Provide Quality Control Approve Project Geometrics and Operational Analysis X X X X X X X X PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in Accordance with its Procedures Prepare Draft Project Report (DPR) Finalize and Submit Project Report with Certified ED for Approval Provide Quality Assurance Provide Quality Control Approve Project Report Value Analysis Study/Report X X X X X X District Agreement No. 08-1217 ATTACHMENT 2 DESIGN PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY STATE CITY PRELIMINARY COORDINATION Request 1 - Phase EA Field Review of Site Provide Quality Assurance Provide Quality Control Approve Geometrics Obtain Surveys & Aerial Mapping Obtain Copies of Assessor Maps and other R/W Maps Obtain Copies of As-Builts Send Approved Geometrics to Local Agencies for Review Revise Approved Geometrics if Required Approve Final Geometrics Determine Need for Permits from other Agencies Request Permits Initial Hydraulics discussion with District Staff Initial Electrical Design discussion with District Staff Initial Traffic & Signing discussion with District Staff Initial Landscape Design discussion with District Staff Plan Sheet Format Discussion X X X X X X X X X X X X X X X X X X X X ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section Provide Quality Assurance Provide Quality Control Approve Materials Report & Typical Section Prepare & Submit Landscaping Recommendation Approve Landscaping Recommendation Prepare & Submit Hydraulic Design Studies Approve Hydraulic Design Studies Prepare & Submit Bridge General Plan & Structure Type Selection Approve Bridge General Plan & Structure Type Selection X X X X X X X X X X 3_2 District Agreement No. 08-1217 PROJECT ACTIVITY R/W ACQUISITION & UTILITIES (Used when qualified Local Agency is performing R/W activities). RESPONSIBILITY STATE CITY Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Provide Quality Assurance X Provide Quality Control X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X Submit Final R/W Requirements for Review & Approval X Approve R/W Requirements X Obtain Title Reports X Complete Appraisals X Review and Approve Appraisals for Setting Just Compensation X Prepare Acquisition Documents X Acquire R/W X Open escrows and Make Payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Displacee Relocation Services X Prepare Relocation Payment Valuations X Provide Displacee Relocation Payments X Perform Property Management Activities X Perform R/W Clearance Activities X Prepare and Submit Certification of R/W X Approve Certification of R/W X Transfer R/W to STATE X Approve and Record Title Transfer Documents X Prepare R/W Record Maps X 13 District Agreement No. 08-1217 PROJECT ACTIVITY RESPONSIBILITY STATE CITY PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Provide Quality Assurance X Provide Quality Control Prepare and Submit Preliminary Stage Construction Plans Calculate and Plot Geometries Cross-Sections & Earthwork Quantities Calculation Prepare and Submit BEES Estimate Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details Prepare & Submit Preliminary Drainage Plans Prepare Traffic Striping and Roadside Delineation Plans and Submit for Review Prepare & Submit Landscaping and/or Erosion Control Plans Prepare & Submit Preliminary Electrical Plans Prepare& Submit Preliminary Signing Plans Quantity Calculations Safety Review X Prepare Specifications Prepare & Submit Checked Structure Plans Approve Checked Structure Plans X Prepare Final Contract Plans Prepare Lane Closure Requirements Approve Lane Closure Requirements X Prepare & Submit Striping Plan Approve Striping Plan X Prepare Final Estimate Prepare & Submit Draft PS&E Finalize & Submit PS&E to District X X X X X X X X X X X X X X X X X X X X X 3_4 District Agreement No. 08-1217 ATTACttMENT 3 FRENCH VALLEY PARKWAY/I-15 INTERCHANGE Description of Facility: This project consists of a new interchange at French Valley Parkway, improvements to existing ramps at Winchester Road interchange, addition of auxiliary lanes to mainline 1-15, mainline 1-15 inside shoulder widening, and widening of several structures carrying the freeway over Santa Gertrudis Creek and Warm Springs Creek to accommodate the additional lanes. The French Valley Parkway interchange will be located 0.98 km north of Winchester Road and 2.43 kan south of the 1-15/I-215 freeway to freeway interchange. The following is a summary of the proposed improvements: Mainline improvements: o Widening of inside shoulders from 2.44 to 3.0 meters. o Auxiliary lanes from 1.5 km south of Winchester Road to Winchester Road and from French Valley Parkway to the 1-15/I-215 junction in the NB and SB direction o By pass ramps and collector/distributor options are also being considered Improvements to existing structures: o Winchester Road overcrossing - tie back wall at west abutment o Santa Gertrudis Creek bridge widening for addition of auxiliary lanes o Warm Springs Creek bridge widening for addition of auxiliary lanes New construction: o Interchange at French Valley Parkway, overcrossing SB entrance from French Valley Pkwy braded with SB exit at Winchester Road Overcrossing o NB exit to French Valley Pkwy braded with NB entrance from Winchester Road Overcrossing o SB 1-15 connector to French Valley Pkwy The following design standards are the thirteen FHWA Controlling Criteria listed in the Highway Design Manual's Section 82.1 and are summarized in a table below. District Agreement No. 08-1217 Design Speed: The design speed of the freeway facility is 130 km/h. French Valley Parkway proposed design speed of 89 km/h corresponds to the City of Temecula roadway classi£~cation. Number of Lanes: Existing mainline has four mixed flow lanes in each direction, it is proposed to widen it by adding two HOV lanes (one in each direction) and one to two auxiliary lanes depending on location. Lane Width: All existing lanes are 3.66 meters in width. All proposed lanes are 3.60 meters in width. Shoulder Width: Existing inside mainline 1-15 shoulders are to be widened from 2.44 to 3.0 meters, all proposed shoulder widths will be 2.4 or 3.0 meters depending on the type of facility. Median Width: Mainline 1-15 median width varies throughout the project, the exiting width is about 16.5 meters and will be reduced to 9.44 meters and varies. Bridge Width: Refer to attached table for list of bridge structures and their existing and proposed widths. Horizontal Aligmnent: Mainline 1-15 alignment will not be changed, the existing curve radius matches this facility's design speed. For French Valley Parkway the curve radius corresponds to the City of Temecula roadway classification of urban arterial. Horizontal Stopping Sight Distance: The horizontal stopping distance for mainline 1-15 is 220 meters and 160 meters for French Valley Parkway. Vertical Aligmnent Grade: Mainline I- 15 vertical alignment grades vary from 0.76 % to 1.51%. Vertical Stopping Sight Distance: Based on the mainline 1-15 vertical alignment grades the SSD is 295 meters. Cross Slope (crown section): The standard cross slope to be used for new construction on the traveled way for all types of surfaces will be 2%. For widening, existing cross slopes will be matched with 1.5% as the minimum and 3 % as the maximum. In depressed median sections, shoulders to the left of traffic 3.6 District Agreement No. 08-1217 will be sloped at 2 % away from the traveled way. In paved median sections, shoulders to the left of traffic will be in the plane of the traveled way. Shoulders to the right of traffic shall be sloped at 2% to 5% away from traveled way. Superelevation: There is no existing superelevation on mainline 1-15 within project limits. Proposed French Valley Parkway will have a crown section. Superelevation on ramps will be based on Standard · Superelevation Rates (Table 202.2 of HDM). Horizontal Clearance: The horizontal clearance will be provided where possible, otherwise barriers and bridge rails will be used. Vertical Clearance: All of the existing structures meet or exceed minimum vertical clearance of 5.1 meters· Special Features: Refer to the attached table for a list of the expected special design features. Soundwalls are anticipated between French Valley Parkway and the 1-15/I-215 junction along the southbound and northbound directions due to the proximity of residential areas. Expected Design Exceptions: Mandatory Design Standard 501.3, Interchange Spacing: Due to the constraints of existing facilities the standard spacing between interchanges will not be provided. The distance between the existing Winchester Road interchange and the proposed French Valley Parkway interchange is proposed as 0.98 km, standard interchange spacing for urban freeways is 1.5 km. The distance between French Valley Parkway and the 1-15/I-215 junction is proposed as 2.43 km, standard spacing between local street interchanges and freeway-to-freeway interchanges is 3.0 km. Design Information Bulletin No. 77, Minimum Weaving Length: The proposed weaving distance between French Valley Parkway and the 1-15/1-215 junction is 1.37 km in the northbound direction and 0.99 km in the southbound direction. Minimum weaving length between local street interchanges and freeway-to-freeway interchanges is 1.5 km. The design standards listed above were based on Alternative 2 as presented in the PSR, 17 Roadway Design Summary MAINLINE 1-15 FRENCH VALLEY PKWY FHWA CONTROLLING CRITERIA (HDM 82.1) EXISTING PROPOSED PROPOSED Design Speed (kin/h) 130.00 130.00 89.00 Number of Lanes: Through Lanes 8.00 8,00 8.00 Auxilia~ Lanes 1-2 Lane Width (m): Through Lanes 3.66 3.60 3.60 Shoulder Width (m): Inside Shoulders 2.44 3.00 3.00 Outside Shoulders 3.05 3.00 3.00 Median Width (m) 16,50 9.4 & Varies Vades Bfidoe Width Warm Spdngs Creek - Left Bddge 24.60 34.80 Warm Spdngs Creek - Right Bddge 24,60 31.20 Santa Gertrudis Creek - Left Bridge 21.00 21.00 Santa Gertrudis Creek - Right Bddge 22.80 31.00 Ninchestar Road - Bridge 48.46 48.46 3vedand Ddve - Bddge 17.10 17.10 =rench Valley Parkway- Bridge ........................ 44.84 ;B Oft-Ramp @ Winchester Road 8.50 12.00 NB On-Ramp from Winchester Road 8.50 12.00 SB On-Ramp from French Valley Parkway 12.00 NB Oft-Ramp to French Valley Parkway ................ 11,20 Horizontal Alignment (Curve Radius) 320.00 320.00 610.00 Horizontal Stopping Sight Distance (m) 220.00 220.00 160.00 Vertical Alignment Grade 1.50% 1.50% ~/ertical Stopping Sight Distance (m) 295.00 295.00 Cross Slope (%) 2.00% 2.00% 2.00% Superelevation (%) ............ standard standard Horizontal Clearance (m) 3* 3* Vertical Clearance (mi: 5,1'* Ovedand Ddve 5.1'* Winchester Road 5,50 5,50 SB 1-215 to SB 1-15 Connector 5.48 5.48 Special Features: Sound Walls Transportation System Management Plans HOV Lanes ................... 2,00 Bridge Widening Ramp Metedng * The horizontal clearance is measured from the edge of traveled way to the nearest point on the obstruction. If the horizontal clearance is less then 3m, median barriers, bddge rails shall be provided. ** The vertical clearance is measured over the roadbed of the state facility, ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR Of FINANCE=~___. CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council ~r~Jl~William G. Hughes, Director of Public Works/City Engineer September 16, 2003 Infrastructure Funding and Reimbursement Agreement (Deer Hollow Way) PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Approve the Infrastructure Funding and Reimbursement Agreement for Deer Hollow Way by and among the County of Riverside, the City of Temecula, Centex Homes, a Nevada general partnership, and Redhawk Communities, Inc. 2. Authorize the Mayor to execute the Agreement. BACKGROUND: Redhawk Communities, Inc. and Centex Homes desire to develop property in the unincorporated area of Riverside County known as Redhawk. As a result, both developers are required to construct certain roadway improvements that include a segment of Deer Hollow Way located in the City of Temecula (adjacent to the southeasterly border of the Wolf Creek development). The County of Riverside has requested that the City of Temecula enter into a cooperative agreement with the County, Redhawk Communities, and Centex Homes to facilitate the construction of these improvements. The City's involvement in this agreement is limited in terms of issuing permits, providing City inspections, and agreeing to accept the future improvements as a City maintained roadway. A copy of the agreement is attached for your review. FISCAL IMPACT: The proposed agreement provides a financial benefit to the City of Temecula in that the construction will facilitate future roadway improvements for Deer Hollow Road through the utilization of Assessment District 159 Bond proceeds. ATTACHMENTS: Agreement R:\agdrpt\agendaform/ajp 1 INFRASTRUCTURE FUNDING AND REIMBURSEMENTAGREEMENT (Deer Hollow Way) by and among THE COUNTY OF RIVERSIDE and THE CITY OF TEMECULA and CENTEX HOMES, a Nevada general partnership and REDHAWK COMMUNITIES, INC., a California corporation Dated as of July 1, 2003 Assessment District No. 159 (Rancho Villages) and Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside Limited Obligation Improvement Bonds AD No. 159 ~ Agreement for Deer Hollow Way Final Draft: 07J19/03 ARTICLE I DEFINITIONS Section 1.1. Definitions .................................................................................................................. 6 ARTICLE II CONDITIONS PRECEDENT Section 2.1. Proposed Amendments to be Made to the Purchase Agreement ............................. 11 Section 2.2. Design, Engineering, and Construction of Area 4 ................................................... 12 ARTICLE III REIMBURSEMENTS TO BE MADE FOR THE STREET IMPROVEMENTS Section 3.1. Reimbursen~ents to be made for the Street Improvements, Areas 1, 2 and 3 .......... 13 Section 3.2. Payment of Reimbursement Amount ............................................ : .......................... 13 Section 3.3. Dedication of Property and Easements to the County, the City and Appropriate Public Agencies ......................................................................... 14 Section 3.4. Limitation on the Aggregate Amount to be Paid as Reimbursement for Street Improvements ................................................................................................. 14 Section 3.5 Assignment of Reimbursements Earned to County and Their Application .............. 1 ARTICLE IV CONSTRUCTION OF THE STREET IMPROVEMENTS Section 4.1. Preparation and Approval of Plans .......................................................................... 16 Section 4.2. Duty of Centex and Redhawk to Construct ............................................................. 16 Section 4.3. Bid and Construction Requirements ........................................................................ 16 Section 4.4. Licenses and Regulatory Permits ............................................................................. 18 Section 4.5. NPDES Compliance ................................................................................................. 19 Section 4.6. Notice of Intent to Commence Construction ........................................................... 20 Section 4.7. Bonding Requirements ............................................................................................. 21 Section 4.8. Additional Conditions to be Satisfied during Construction ..................................... 21 Section 4.9. Inspection, Completion of Construction .................................................................. 22 Section 4.10. Maintenance of Facilities; Wmranties ..................................................... · ............. 22 Section 4.1 I. Insurance Requirements ......................................................................................... 23 Section 4.12. Ownership o£the Facilities .................................................................................... 25 ARTICLE V REPRESENTATIONS, WARRANTIES AND COVENANTS; INDEMNIFICATION Section 5.1. Representations, Warranties and Covenants of Centex Homes ............................... 26 Section 5.2. Representations, Warranties and Covenants of Redhawk Communities, Inc .......... 27 Section 5.3. Representations, Warranties and Covenants of the County ..................................... 29 Section 5.4."Representations, Wan'anties and Covenants of the City .......................................... 30 Section 5.5. Centex Indemnification ............................................................................................ 30 Section 5.6. Redhawk Indemnification ........................................................................................ 31 AD No. 159 - Agreement for Deer Hollow Way Final Draft: 07/19/03 ARTICLE VI MISCELLANEOUS Section 6.1.'Developer as Independent Contractor ...................................................................... 33 Section 6.2. Other Agreements ........................................................................ ; ........................... 33 Section 6.3. Binding on Successors and Assigns ......................................................................... 33 Section 6.4. Amendments ............................................................................................................ 33 Section 6.5. Waivers .................................................................................................................... 33 Section 6.6. No Third Party Beneficia~es ................................................................................... 34 Section 6.7. Notices ..................................................................................................................... 34 Section 6.8. Jm-isdiction ............................................................................................................... 35 Section 6.9. A~tomey's Fees ......................................................................................................... 35 Section 6.10. Governing Law ...................................................................................................... 35 Section 6.11. Usage of Words ...................................................................................................... 35 Section 6.12. Counterparts ........................................................................................................... 35 Section 6.13. Interpretation .......................................................................................................... 36 Section 6.14.Designation of Pa~¥ Representative ....................................................................... 36 EXHIBIT'A' 'DIAGRAM OF THE STREET IMPROVEMENTS .:...~'...~ ...... 'i.....:......'.:::..:::..::.: A-1 .... EXHIBIT B STREET IMPROVEMENTS - DISCRIPTION AND ALLOCATION OF BOND PROCEEDS ...................................................................................... B-1 EXHIBIT C CONSTRUCTION BID AND AWARD PROCEDURE ...................................... C-1 EXHIBIT D FORMS OF PAYMENT AND PERFORMANCE BONDS ............................... D-1 EXI-I][BIT E-1 FORM OF REIMBURSEMENT REQUEST [Areas 1 and 2, and Southerly Half-width of Area 3 .............................................................. E-1 EXIdlBIT E-2 FORM OF REIMBURSEMENT REQUEST [Northerly Half-width of Area 3] ...................................................................................................... E-2 AD No. 159 - Agreement for Deer Hollow Way Final Draft: 07/19/03 INFRASTRUCTURE FUNDING AND REIMBURSEMENT AGREEMENT THIS INFRASTRUCTURE AND REIMBURSEMENT AGREEMENT (hereinafter, the "Funding Agreement") is made and entered into as of the 1st day of July, 2003, by and between the County of Riverside, a political subdivision of the State of California (hereinafter the "County"), on behalf of Assessment District No. 159 (Rancho Villages) of the County and Assessment District No. 159 Supplemental (Rancho Villages) of the County, the City of Temeeula, an incorporated municipality (hereinafter the "City"), Centex Homes, a Nevada general parmership (hereinafter "Centex"), and Redhawk Commurfities, Inc., a California corporation (hereinafter "Redhawk"). RECITALS WHEREAS, the Board of Supervisors (the "Board of Supervisors") of the County pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 (commen6irig with' Section 10000)' of the Streets' and Highwa3/~ Code of the Statb of California (respectively, the "1913 Act" and the "Code"), established Assessment District No. 159 (Rancho Villages) of the County of Riverside (the "Original District") and directed' pursuant to Section 3114 of the Code that a Notice of Assessment Lien be recorded against all parcels within the boundaries of the Original District in the amount of $77,535,514.82 (the "Original Assessment Lien") and said Notice was recorded on July 17, 1988; and, WHEREAS, the Board of Supervisors pursuant to the provisions of the 1913 Act established Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside (the "Supplemental District", and collectively with the Original District, the "Assessment Districts") and directed pursuant to Section 3114 of the Code that a Notice of Assessment Lien be recorded against all parcels within the boundaries of the Supplemental District in the amount of $79,316,598.52 (the "Supplemental Assessment Lien") and the lien was recorded on November 18, 1991; and, WHEREAS, the boundaries of the Original District and the Supplemental District are co-terminus; and, WHEREAS, the Board of Supervisors, pursuant to the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Code (the "1915 Act") has caused three series of limited obligation improvement bonds to be sold and issued on behalf of the Original District representing $69,016,962.07 of the authorized bonded indebtedness of the Origh~al Assessment Lien (Series A, issued on December 22, 1988, in the aggregate principal amount of $6,196,153.59; Series B, issued on August 24, 1989, in AD No. 159 - Agreement for Deer Hollow Way FLnal Drag 07/19/03 the aggregate principal mount of $36,554,302.11; Series C, issued on March 18, 1992, in the aggregate principal amount of $25,146,171.00 and cash collections during the statutory prepayment periods and cost of work in-kind totaling $1,120,335.37) that leaves the Original District with a balance of authorized, but unused, bonding capacity in the amount of $8,518,752.75; and, WHEREAS, the Board of Supervisors, pursuant to the 1915 Act, has caused two series of limited obligation improvement bonds to be sold and issued on behalf of the Supplemental District representing $30,538,880.64 of the authorized bonded indebtedness Supplement Assessment Lien (Series A, issued on August 9, 1994, in the aggrega.te principal amount of $29,532,229.41; Series B, issued on December 19, 2000, in the aggregate principal amount of $780,000, and cash collections during the statutory prepayment periods totaling $226,651.23) that leaves the Supplement District with a balance of authorized, but unused, bonding capacity in the amount of $48,782,006.36; and, WHEREAS, the Board of Supervisors adopted Resolution No. 2002-370 on October 22, 2002 stating its intent to issue an additional series of limited obligation improvement bonds on behalf of the Original District in the aggregate principal amount 6'i' $2,8~9,100.55 '(the "Series D Bo/ids") and to /~sue an additional s6/-ies of limited obligation improvement bonds on behalf of the Supplemental District in the aggregate principal amount of $11,060,592.50 (the "Series C Bonds," and collectively with the Series D Bonds, the "Bonds"); and, WHEREAS, the Bonds will be sold to finance, in part, the construction and acquisition of Deer Hollow Way from its intersection with Pala Road/Pechanga Parkway (Station'No. 10+20.44) to the easterly boundary of the Assessment Districts (Station No. 75+41.59), including full width street improvements, water, sewer, and storm drain improvements with/n said street's right-of-way and appurtenances thereto (the "Street Improvements") and excluding therefrom all costs for sidewalks, street lighting, and median and parkway landscaping; and, WHEREAS, for purposes of this Agreement, the Street Improvements are to be divided into four segments, as follows: "Area 1" is that portion of the Street Improvements extending from Station No. 10+20.44 to Station No. 34+32.06; "Area 2" is that portion of the Street Improvements extending from Station No. 34+32.06 to Station No. 57+10.03; "Area 3" is that portion of the Street Improvements extending from Station No. 57+10.03 to Station No. 67+72.96, and AD No. 159 - Agreement for Deer Hollow Way 2 Final Draft 07/19/03 "Area 4" is that portion of the Street Improvements extending from Station No. 67+72.96 to Station No. 75+41.59, and are shown on Exhibit A and described in Exhibit B, which are attached hereto, and by this reference are incorporated herein (the terms "Segment" or "Segments" shall individually or collectively refer to Area 1, Area 2, Area 3 or Area 4, as the context indicates); and, WHEREAS, the northerly half width of Area 1 is within the jurisdictional boundaries of the City; and, WHEREAS, Centex and Redhawk own properties within the boundaries of the Assessment Districts on which there are assessment liens that ~ill be used to support the Bonds; and, WltEREAS, Centex acquired said property from Redhawk pursuant to the terms of an agreement entitled "Purchase Agreement and Escrow Instructions," dated as of July 13, 2001 (the "Purchase Agreement"), which provides that Centex is to design, engineer and construct the southerly half-width of Area 1, all of Area 2 and the southerly half- width of Area 3 in ~-xchange for a redu~tior/in the sale price of said property; and, WHEREAS, said Purchase Agreement also provides that any reimbursement for the construction costs of the southerly half-width of Area 1, Area 2, and the southerly half-width of Area 3 received by Centex from the proceeds of the Bonds sold and issued by the Assessment Districts are to be paid to Redhawk; and, WHEREAS, Centex and Redhawk have completed the design and engineering for their respective portions of Area 1 and the resulting Plans have been approved by the County and the City, respectively; and, WHEREAS, Centex and Redhawk have agreed to cause the Purchase Agreement to be amended as indicated in Article II hereof to reallocate construction responsibilities for Area 1 as follows: (i) Redhawk will assume responsibility for the construction of the slreet facilities as described in Exhibit B, and (ii) Centex will assume the responsibilities for the construction of the underground utilities as described in Exhibit B; and, WHEREAS, Rancho California Water District ("RCWD") has specified to Centex the terms on which the water improvements to be located within right-of-way for Deer Hollow Way are to be constructed and accepted into RCWD's maintained water system; and, WltEREAS, Centex and Eastern Municipal Water District ("EMWD") have entered into an agreement entitled "Standard Water and/or Sewer Facilities and Service Agreement," dated March 28, 2002, specifying the terms on which the water AD No. 159 - Agreement for Deer Hollow Way 3 Final Draft 07/19/03 improvements to be located within the right-of-way for Deer Hollow Way are to be constructed and accepted into EMWD's maintained sewer system; and, WHEREAS, Centex and the Riverside County Flood Control and Water ConserVation Disthct (the "Flood Control District") have entered into an agreement entitled "Agreement (Tract No. 23065-F and 23065-4)," dated November 6, 2001, Redhawk and the Flood Control District have entered into an agreement entitled "Agreement (Tract No. 23065-2)," dated October 30, 2001, and Centex, Redbawk, the City, the County and the Flood Control District have entered into an entitled "Agreement for Construction, Inspection and Acceptance of Wolf Valley Drainage Improvements (Tract Nos. 23065-2, -4, -F)," dated May 1, 2003, (collectively, the "Flood Agreements') all of which set forth, in part, the terms on which the storm drain improvements to be located within the right-of-way for Deer Hollow Way are to be constructed and accepted into the Flood Control District's maintained system; and, WltEREAS, the Assessment Engineer for the Assessment Districts determined the assessment liens recorded on each parcel within the Assessment Districts based on engineering estimates representing the anticipated design for all proposed public imprOvements whose design, engineering and construction was to be financed by bonds sold and issued by the Assessment Districts, including the Street Improvements, with the understanding that cost savings realized as to certain component facilities of a particular public improvement could be applied against cost overruns realized as to other components facilities of said public improvement; and, WHEREAS, consistent with the provisions of the Purchase Agreement, Centex has caused the followifig components of the specified Segment to be designed, engineered and constructed: Area 1 - The grading component of the Street Facility and the sewer component of the Underground Utilities as described in Exhibit B; and, Area 2 - All of the Street Facility, except sigrdng and striping, and all of the Underground Utilities, except 94 linear feet of 96" storm drain; and, Area 3 - All of the southerly half-width Street Improvements and Water Improvements as described in Exhibit B, And none these identified Segments of the Street Improvements have been accepted into County's maintained road system or the City's maintained road system; and WHEREAS, Section 10010 of the Code provides that public improvements and works that have been ordered to be constructed may also be acquired if the public improvement or work was not in existence at the time the resolution of intention was adopted, the improvement has been constructed as if it had been constructed under the AD No. 159 - Agreement for Deer Hollow Way 4 Final Draft 07/19/03 direction and supervision or under the authority of the receiving public entity, and the pubhc improvement or work has not been accepted by the receiving public entity into its maintained system; and, WltEREAS, Centex, Redhawk, the County, on behalf of itself and the Assessment Districts, the City, the Flood Control District, Temecula Valley Unified School District, and S-P Murdy, LLC, a California limited liability company, have entered into an agreement entitled "Agreement for Installation and Funding of Drainage Improvements and Roads," dated as of January 9, 2003 (the "Facilities Agreement"), by the terms of which Redhawk agreed that it would enter into a separate agreement by tenns of which it would forego any reimbursement of Bond proceeds pursuant to the terms of the Purchase Agreement and agree that said funds should be placed in a separate escrow fund to be held by the Fiscal Agent for the Bonds and applied consistent with the terms of the Facilities Agreement; and, WItEREAS, the parties to this Agreement desire to specify the conditions under which the portions of each Segment of the Street Improvements that have not been accepted by the receiving public agency into its maintained system may be acquired by proceeds of the Bonds, NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties hereto do hereby agree as follows: AD No. 159 - Agreement for Deer Hollow Way 5 Final Draft 07/19/03 ARTICLE I DEFINITIONS Section 1.1 Definitions. Unless the context otherwise requires, the terms defined in this Article I shall have the meaning herein specified: "Acceptable Title" means title to land, or an easement therein, delivered free and clear of all liens, special taxes, assessments, leases, easements and encumbrances, whether any such item is recorded or unrecorded, except those non-monetary items which are determined by the County, the City or appropriate pubic agencies, at their sole discretion, not to interfere with the intended use of such land or easement and therefore are not required to be cleared from title. "Acceptance Date" means with respect to each Segment, or the component facilities thereof, the date that the Reimbursement Amount therefore is due either Centex or Redhawk pursuant to the terms hereof. "Administrator" means the County Executive Officer, or his/her designee. ~!appropriate public agency" or "appropriate public agencies" means, individually and collectively, as the context indicates, EMWD, KCWD or the Flood Control District. "Area 1" means that portion of the Street Improvements extending from Station No. 10+20.44 to Station No. 43+32.06. "Area 2" means that portion of the Street Improvements extending from Station No. 34+32.06 to Station No. 57+10.03. "Area 3 "means that portion of the Street Improvements extending from Station No. 57+10.03 to Station No. 67+72.96. "Area 4" means that portion of the Street Improvements extending from Station No. 67+72.96 to Station No. 75+41.59. *-'Assessments" mean the special assessment levied on all parcels within the Assessment Districts pursuant to the 1913 Act and the annual assessment installments enrolled each fiscal year pursuant to the 1915 Act to pay the debt service on the Bonds. "Assessment Districts" means, collectively, the Original District and the Supplemental District. "Bid Procedures" means those procedures specified in Article IV and Exhibit C to this Funding Agreement. AD No. 159 - Agreement for Deer Hollow Way 6 Final Draft 07/19/03 "Board of Supervisors" means the Board of Supervisors of the County. "Bonds" means, collectively, the Series D Bonds and the Series C Bonds a portion of the proceeds of which will be used to pay the Reimbursement Amounts due for the Street Improvements. "Business Day" has the meaning ascribed thereto in the Fiscal Agent Agreements. "Centex" means Centex Homes, a Nevada general partnership. "CEQA" means the California Environmental Quality Act (CEQA), constituting Sections 21000 et seq. of the California Public Resources Code, as amended. "City" means the City of Temecula, an incorporated municipality, and its successors. Code" means the California Streets and Highways Code. "County" means the County of Riverside, a political subdivision of the State, and its successors. "County Engineer means the Director of the Riverside County Department of Transportation (or any successor to the responsibilities thereof if such office is no longer in existence), or his/her designee. "County Executive Officer" means the County Executive Officer of the County (or any successor to the responsibilities thereof if such office is no longer in existence), and any designee of said County Executive Officer. "EMWD" means Eastern Municipal Water District "Facilities Agreement" means that agreement entitled "Agreement for Installation and Funding of Drainage Improvements and Roads," dated as of January 9, 2003, by and among the County, on behalf of itself and the Assessment Districts, the City, the Flood Control District, Temecula Valley Unified School District, Redhawk, Centex, and S-P Murdy, LLC, a California limited liability company, as originally executed or as the same is amended fi.om time to time in accordance with its terms. "Fiscal Agent" means U.S. Bank National Association, a national banking association organized and existing under the laws of the Untied States of America as fiscal agent under the Fiscal Agent Agreements, and any successor thereto pcm,nitted under said Fiscal Agent Agreement. AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 "Fiscal Agent Agreements" means, collectively, the Fiscal Agent Agreement, dated as of August 1, 2003, governing the Series D Bonds, by and between the County and the Fiscal Agent, as originally executed or as the same may l~om time to time be supplemented or amended by its terms or, if discharged in accordance with its terms, the Fiscal Agent Agreement, trust agreement, indenture or similar instrument, regardless of title, pursuant to which bonds, notes or other evidences of indebtedness of the County, on behalf 6f the Original District, have been issued and are outstanding, as originally executed or as the same may from time to time be supplemented or amended pursuant to the provisions thereof, and the Fiscal Agent Agreement, dated as of August 1, 2003, governing the Series C Bonds, by and between the County and the Fiscal Agent, as originally executed or as the same may from time to time be supplemented or amended by its terms or, if discharged in accordance with its terms, the Fiscal Agent Agreement, trust agreement, indenture or similar instrument, regardless of title, pursuant to which bonds, notes or other evidences of indebtedness of the County, on behalf of the Supplemental District, have been issued and are outstanding, as originally executed or as the same may from time to time be supplemented or amended pursuant to the provisions thereof "Flood Control District" means Riverside County Flood Control and Water Conservation District "Funding Agreement" means this Infrastructure Funding and Reimbursement Agreement, dated as of July 1, 2003, by and among the County, the City, Centex and Redhawk, as originally executed or as the same may be amended fi.om time to time in accordance with its terms. "General Prevailing Wage Rates" means those rates as determined by the Director of the Department of Industrial Relations of the State to be applicable to the site of the Assessment District. '.'.Original District" means Assessment District No. 159 (Rancho Villages) of the County of Riverside "Party" or "Parties" means, individually or collectively, each of the signatories to this Funding Agreement. "Party Representative" means the person or persons designated as such in a certificate signed by a Party and delivered to the Administrator and the Fiscal Agent, which certificate shall contain an original or specimen signature of each person so designated. "Plans" means the plans and specifications for each Segment of the Street Improvements prepared or to be prepared at the direction of either Centex or Redhawk pursuant to Section 4.1 hereof. AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 "Property" means the real property owned by either Centex or Redhawk located within the Assessment Districts or fronting on Deer Hollow Way. "Purchase Agreement" means that agreement entitled "Purchase Agreement and Escrow Instruction," dated July 13, 2001, by and between Centex and Redhawk, as originally executed or as the same is amended from time to time in accordance with its terms. "RCWD" means Rancho California Water District. "Redhawk" means Redhawk Communities, Inc. a California corporation. "Reimbursement Account" means the Reimbursement Account of the Improvement Fund established by the Fiscal Agent Agreements. "Reimbursement Amount" means for each Area, or its component facilities, the dollar amount shown on Exhibit B hereto. "Reimbursement Request" means the document to be provided by Party Representative to the Administrator in the form of either Exhibits E-1 or E-2, as attached hereto, as appropriate, to secure reimbursement of the dollar amount shown on Exhibit B for each Area or facility component thereto. "Segment" or "Segments" means, individually or collectively, Area 1. Area 2. Area 3 and/or Area 4, as the context indicates. "Series C Bonds" means the Limited Obligation Improvement Bonds, in an aggregate principal amount not to exceed $11,060,592.95, to be issued and sold by the County on behalf of the Supplemental District. "Series D Bonds" means the Limited Obligation Improvement Bonds, in an aggregate principal amount not to exceed $2,899,100.55, to be issued and sold by the County on behalf of the Original District. "State" means the State of California. "Street Improvements" means the full width street improvements for Deer Hollow Way (Station No. 10+20.44 to Station No. 75+41.59) and the water, sewer, storm drain improvements within said street's right-of-way and appurtenances thereto, as shown on Exhibit A and more fully described in Exhibit B hereto. "Supplemental District" means Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside. AD No. 159 - Agreement for Deer Hollow Way 9 Final Draft 07/19/03 "1913 Act" means the Mtmicipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Code. "1915 Act" means the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Code. AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 10 ARTICLE II CONDITIONS PRECEDENT Section 2.1. Proposed Amendments to be made to the Purchase Agreement. Consistent with the applicable provisions of the Facilities Agreement, and as actual wording may be agreed upon between Centex and Redhawk, the Purchase Agreement is to be amended to reflect the following: (a) Responsibilities for the design, engineering, and construction of the Street Improvements represented by Area 1 are to be as follows: 1) Design and Engineering: Centex is responsible for the design and engineering of the southerly half-width street facilities and the underground utilities and Redhawk is responsible for the design and engineering of the northerly half-width street facilities as described in Exhibit B. 2) Construction: Centex is responsible for the construction of the underground utilities and Redhawk is responsible for the construction of the street facilities as described in Exhibit B. (b) Responsibilities for the design, engineering and construction of the Street Improvements represented by Areas 2 and 3: Centex will be responsible for the design, engineering and construction of the street facilities and underground utilities that are described in Exhibit B as Areas 2 and 3. (c) Assignment of Reimbursement of Bond Proceeds: Centex and Redhawk agree that the following is to occur with regard to Bond proceeds intended to pay the Reimbursement Amounts for Areas 1, 2 and 3 of the Street Improvements: 1) Those amounts that would otherwise be available to pay the Reimbursement Amount for the Street Improvements represented by Area 1 and 2 and the southerly half-width improvements of Area 3, as described in Exhibit B, are, upon acceptance of said Street Improvements by the County, the City and the appropriate public agencies, to be assigned to the County, on behalf of the Assessment Districts, and placed in an escrow account to be held by the Fiscal Agent for the Bonds and used, consistent with the applicable provisions of the Facilities Agreement, for the construction of the Wolf Valley Creel( Channel. Any unused proceeds in the escrow account are to be paid to the Flood Control District to establish a catastrophic maintenance endowment for said Channel. AD No. 159 ~ Agreement for Deer Hollow Way 11 Final Draft 07/19/03 2) That amount available to pay the Reimbursement Amount for the northerly half-width improvements of Area 3, as described in Exhibit B, are to be paid to Centex upon the completion and acceptance of said Segment by the County. Section 2.2 Design, Engineering and Construction of Area 4. Consistent with the applicable provisions of the Facilities Agreement, the parties to this Agreement reaffirm that the County will take lead responsibility for the design, engineering and construction of Area 4, as described in Exhibit B. The dollar amount shown in Exhibit B for said Segment is to be held by the Fiscal Agent and utilized by the County for the design, engineering and construction of said Segment. ADNo. 1'59- Agreement for Deer Hollow Way 12 Final Draft 07/19/03 ARTICLE III REIMBURSEMENT TO BE MADE FOR THE STREET IMPROVEMENTS Section 3.1 Reimbursements to be made for the Street Improvements~ Areas 1~ 2 and 3. Redhawk hereby agrees to seek reimbursement fi.om the County, on behalf of the Assessment Districts, and the County, on behalf of the Assessment Districts, hereby agrees to reimburse Redhawk and transfer to the City the northerly half-width street facility component of Area 1 and transfer to the County the southerly half-width street facility component of Area 1 for the Reimbursement Amount therefore, subject to the terms and conditions hereof. Centex hereby agrees to seek reimbursement from the County, on behalf of the Assessment Districts, and the County, on behalf of the Assessment Districts, hereby agrees to reimburse Centex and transfer to the County the street facility components of Areas 2 and 3 mad transfer to the Flood Control District, EMWD, and RCWD, as appropriate, the underground utility components for Areas 1, 2 and 3 for the Reimbursement Amount therefore, subject to the terms and conditions hereof. Acceptable Title to any parcels on which any Segments, or component facilities thereof, arc to be constructed and for which dedication of the parcel has not been made to the County shall be transferred to the County as of the Acceptance Date; provided, however, that notwithstanding such transfer, as provided in Section 4.10 hereof, either Red.hawk or Centex, as appropriate, shall be solely responsible for the maintenance of the respective component facilities of any Segment for which it bas construction responsibility until the Acceptance Date of said Segment or component facility. The Reimbursement Amount for the Segments is to be paid solely from Bond proceeds, and the County, on behalf of the Assessment Districts, shall not be obligated to pay the Reimbursement Amount for a Segment, or the component facilities thereof, except from said Bond proceeds. The County, on behalf of the Assessment Districts, makes no warranty, either expressed or implied, that the amount of Bond proceeds 'available for the payment of the Reimbursement Amount for the Segments, or ~y component thereof, will be sufficient for such propose. Section 3.2 Payment of Reimbursement Amount. The Reimbursement Amount will be paid within 30 calendar days of receipt by the Administrator of a notice from the County Engineer that a Segment, or its respective component facilities, has been accepted by the County, the City or by the appropriate public agencies who are to own the underground utility component(s) and incorporate them into their respective maintained systems and payment of the Reimbursement Amount shall be made consistent with the applicable provisions of this Funding Agreement. With regard to Areas 1 and 2 and the southerly half-width of Area 3, upon completion of these respective Segments and the AD No. 159 - Agreement for Deer Hollow Way 13 Final Draft 07/19/03 component facilities thereof and their acceptance by the receiving public entity, Centex or Redhawk, as appropriate, are to provide to the County Engineer a Reimbursement Payment Request in the form of Exhibit E-1. With regard to the northerly half-width of Area 3, upon completion of this component facility and its acceptance by the County, Centex is to provide the County Engineer with a Reimbursement Payment Request in the form of Exhibit E-2. Notwithstanding anything to the contrary contained herein, no payment of the Reimbursement Amount for a Segment, or a component facility thereof, shall be made unless the Administrator has received written notice fi'om the County Engineer that the City or the appropriate public agencies are willing to accept the component facility of said Segment as constructed into its maintained system as of the Acceptance Date. Said notice will not be provided to the Administrator until the following documents, as appropriate, have been provided to the appropriate public agencies by either Redhawk or Centex, as appropriate, which has construction responsibility for the particular component facility: (a) Centex or Redhawk's civil engineer of record or construction civil engineer of record duly registered in the State shall provide to the appropriate public agency redlined "as-built" plans and profile sheets for the component facility 'of a' Segment. After ~he appropriate.-public.agency's approval of the redlined "as-built" drawings, Centex or Redhawk's engineer shall schedule with said public agency a time to transfer the redlines onto said public agency's original mylars at said public agency's office, after which, Centex or Redhawk's engineer shall review, stamp and sign the plans for the particular component facility of the Segment. Section 3.3 Dedication of Property and Easements to County, the City and Appropriate Public Agencies. Consistent with the provisions of the Facilities Agreement, Acceptable Title to all property not presently irrevocably offered for dedication to the County, the City, or the appropriate public agency on, in or over which Areas 1, 2 and 3 and their component facilities will be located shall be deeded over to the County,..the City, and the appropriate public agency by way of grant deed, quitclaim, or dedication of such property, or easement thereon, if such easement is approved by the County, the City and the public appropriate agency as being a sufficient interest therein to permit the County, the City, and the appropriate public agency to properly own, operate and maintain the component facilities located therein, thereon or thereover, and to permit Redhawk or Centex to perform its obligations as set forth in this Funding Agreement. Section3.4 Limitation on the Aggregate Amount to be Paid as Reimbursement for Street Improvements. It is agreed by the Parties that the amount of Bond proceeds paid as the Reimbursement Amount for each Segment, or the constituent components thereof, shall be the amount stated in Exhibit B for said Segment or the constituent components thereof. AD No. 159 - Agreement for Deer Hollow Way 14 Final Draft 07/19/03 Section 3.5 Assignment of Reimbursements Earned to County and Their Application. (a) Pursuant to the terms of the Purchase Agreement, all reimbursements that Centex would earn by the terms of this Funding Agreement for the construction of the underground utilities component of Area 1, the construction of both facilities components of Area 2, and construction of the southerly half-width street improvements of Area 3 are assigned to Redhawk. (b) Consistent with the terms of the Facilities Agreement, Redhawk hereby assigns any reimbursements it receives consistent with subsection (a), above, and for the construction of the street facilities component of Area 1 by the terms of this Funding Agreement to the County, on behalf of the Assessment Districts. The funds received by the County from these reimbursements are to be placed in a separate escrow fund to be held by the Fiscal Agent. Monies deposited into said escrow account are to be applied, as necessary, for the construction of Wolf Valley Creek Channel. If there remains any monies in said escrow account after construction of the Wolf Valley Creek Channel has been completed and said facility has been accepted into the Flood Control District's maintained system, then the remaining monies are to be applied to fund an endowment account to be held by the Flood Control District to address emergency maintenance issues with regard to said Channel. If the monies remaining in said escrow account are suffidfen't tb plaice' $$01Y,0OIJ iff'said end6wmentfund, then any remaining funds are to be paid int~ the Improvement Fund held by the Fiscal Agent for the Supplemental District. (c) Centex is to receive and retain any reimbursement it receives for the construction of the northerly half-width street improvements of Area 3. AD No. 159 - Agreement for Deer Hollow Way 15 Final Draft 07/19/03 ARTICLE IV CONSTRUCTION OF THE STREET IMPROVEMENTS Section 4.1 Preparation and Approval of Plans. To the extent that it has not already done so, Redhawk and Centex shall cause Plans to be prepared for the Segment, or component facility thereof, for which it has such responsibility as provided in Section 2.1. Redhawk and Centex shall obtain the written approval of their respective Plans from the County Engineer or the City's or appropriate public agency's engineer. Redhawk and Centex shall provide a copy of their respective Plans to the Administrator and the County Engineer. Section 4.2 Duty of Redhawk and Centex to Construct. Redhawk and Centex shall construct or cause to be constructed each Segment, or component facility thereof, for which it has construction responsibility as provided in Section 2.1 in ...... accordatice wi~.the Plans_..P~edhayy_k and Ce__nte._x_shal~ perfg..r[9__a[1. Of its obligation~ hereunder and shall conduct all operations with respect to the construction of said Segment, or component facility thereof, in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. Notwithstanding the foregoing, nothing set forth in this Funding Agreement shall be construed (i) to require either Redhawk or Centex to perform any work requiring a contractor's license, nor shall Redhawk or Centex be deemed to be performing construction services pursuant to this Funding Agreement or (ii) require either Redhawk or Centex to cause the Plans to be prepared for a Segment, or component facilities thereof, other than as specified in the applicable provisions of its conditions of approval, the Purchase Agreement, as amended, and the Facilities Agreement. Section 4.3 Bid and Construction Requirements. (a) In order to insure that a Segment, or component facility thereof, is constructed as if it had been constru6ted under the direction and supervision, or under the authority of, a public agency, so that they may be acquired pursuant to Section 10010 of the Code, Redhawk and Centex shall comply with all of the requirements set forth in this Article IV and Exhibit C. The provisions of this Section 4.3 and Exhibit C, which is attached hereto and by this reference incorporated herein, shall be applicable for each Segment, or component facility thereof, for which construction has not been completed prior to the effective date of tkis Funding Agreement. )d) No. 159 - Agreement for Deer Hollow Way 16 Final Draft 07/19/03 (b) Prior to soliciting bids for any Segment, or component facility thereof, for which it is responsible, Redhawk and Centex shall submit a bid packet for review and approval to the County Eng/neer. The contract for construction of any Segment, or component facihty thereof, is to be awarded to the responsible bidder submitting the lowest responsive bid after notice inviting sealed bidsconsistent with the applicable provisions of Exhibit C. The County Engineer is to be provided with copies of all bids received to assure that both Redhawk and Centex adhere to the legal requirements for public works projects. (c) Redhawk and Centex shall require, and the Plans, bid and contract documents for which it is responsible shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on a Segment, or component facility thereof, to pay not less than General Prevailing Wage Rates to all workers employed in the execution of the contract, to post a copy of the General Prevailing Wage Rates at the job-site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to General Prevailir~g Wage Rates as required by the specifications approved by the County ]~ngir~&. The Co~i~y'has pro¥ided both Redliawk and Centex with copies-of tables ~ --- setting forth the General Prevailing Wage Rates, and each hereby acknowledges receipt thereof.' (d) Redhawk and Centex shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on a Segment, or component facility thereof, to provide proof of insurance coverage satisfying the requirements of Section 4.11 hereof throughout the term of the construction of said Segment, or component facility thereof. Rather than requiring its contractors to provide such insurance, either Redhawk or Centex may elect to provide the same for the benefit of its contractors. (e) Each contractor engaged to perform work on a Segment, or component facility thereof, shall be required to furnish (i) labor and material payment bonds, and (ii) contract performance bonds, each in an amount equal to 100% of the contract price naming either Redhawk or Centex, as appropriate, the County, the City and/or appropriate public agency that is to own, maintain, and operate said Segment, or component facility, as oblig~es and issued by a California admitted surety having a current A.M. Best A:vm (A:8) rating or an admitted surety insurer which complies with the provisions of Section 995.660 of the California Code of Civil Procedure. All such bonds shall be in a form as shown in Exhibit D. Rather than requiring its contractors to provide such bonds, either Redhawk or Centex may elect to provide the same for the benefit of its contractors. (f) Redhawk and Centex shall comply, and shall cause each of its contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to AD No. 159 - Agreement for Deer Hollow Way 17 Final Draft 07/19/03 the extent such individual or entity is engaged to perform work on a Segment, or component facility thereof, to comply, with such other requirements relating to the construction of said Segment, or component facility thereof, as the County, the City or the appropriate public agency may impose by written notification delivered to Redhawk and Centex, to the extent legally required as a result of changes in applicable federal, State or County laws, rules or procedures. (g) Redhawk and Centex shall require, and the Plans and bid and contract documents for which it is responsible shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on a Segment, or component facility thereof, to submit certified weekly payroll records or other proof of payment of General Prevailing Wage Rates to either Redhawk or Centex, as appropriate, for inspection by the County Engineer, and to furnish certified payroll records or such other proof of payment of General Prevailing Wage Rates to the County Engineer promptly upon request. (h) All change orders shall be reviewed and approved by the County Engineer or the Citfs engineer, as appropriate, for the purpose of ensuring that they comply with County .or City standards, as appropriate, which review and approval shall not be unreagox~ably withheld. Change orders need not be submitted-to the County Engineer or ..... the City's engineer for review and approval prior to execution and commencement or continuation of work. (i) Redhawk and Centex shall provide proof to the Administrator and the County Engineer, at such intervals and in such form as the Administrator or the County Engineer may require, that the foregoing requirements have been satisfied as to a Segment, or component facility thereof. (j) Redhawk and Centex have deposited with the County and the City, as appropriate, sufficient funds to cover the anticipated costs, deemed necessary and reasonable, associated with the review and approval of the Plans, the review and approval or right of way and conveyance documents, and inspection of a Segment, or component facilities thereof. Redhawk and Centex, within thirty (30) days after receipt of an additional billing for such costs, will forward the billed mount to the County or the City, as appropriate. Section 4.4 Licenses~ and Regulatory Permits. Redhawk and Centex shall secure all necessary licenses, agreement, permits, fights of entry and temporary construction easements (collectively "Licenses") that may be needed for the construction, inspection, operation and maintenance of a Segment, or component facility thereof for which it is responsible. Redhawk and Centex are to secure all permits approvals or agreements, if any, required by the various Federal and State resource and/or regulatory agencie~ (collectively, the "Regulatory Permits") for the construction, operation and maintenance of a Segment, or component facility thereof for which it is responsible. The AD No. 159 - Agreement for Deer Hollow Way 18 Final Draft 07/19/03 Regulatory Permits include, but are not limited to, those permits issued by the U.S. Army Corps of Engineers, the State Water Resources Control Board ("SWRCB"), California State Department of Fish and Game and the San Diego Regional Water Quality Control Board. All Licenses and Regulatory Permits secured by either Developer need to be reviewed by the County Engineer and the City's engineer, as appropriate, to determine whether the conditions they specify are satisfactory to the County or the City to allow it to operate and maintain a Segment, or component facility thereof. Section 4.5 NPDES Compliance. Redhawk or Centex, as appropriate, for each Segment, or component facility thereof, for which it is responsible, shall prepare and implement, or cause to be prepared and implemented, a Stormwater Pollution Prevention Plan (SWPPP) for that portion of work occurring within the City or County's rights-of- way in accordance with the requirement of the State's National Pollutant Discharge Elimination System CNPDES) General Permit for Stormwater Discharges Associated with Construction Activity (SWRCB Order No. 99-08 DWQ) and any amendments thereto (the "General Permit"). The General Permit regulates both stormwater and non- stormwater discharges associated with construction activities required by this Funding Agreement. The'SWPPP shall identify site specific "Best Management Practices" ("BMIUs"O to be implemented during and atier construction to control pollution of stormwater runoff and receiving waters. The identified BMP's shall include, but not be limited to, "good housekeeping" practices for the "construction site," as these terms are defined in the SWPPP}' such as establishing stabilized construction access points, providing adequate sanitary/septic waste management, designating vehicle and equipment cleaning/maintenance areas, employing proper material handling and storage practices, maintaining adequate soil stabilization and erosion control practices to control the discharge of pollutants from the "construction site" and any activities thereon. The SWPPP shall also stipulate to an ongoing program for monitoring and maintenance of alt BMP's. ~edhawk and Centex, as appropriate, shall submit the SWPPP to the County or the City, as appropriate, for review, comment and approval prior to the time of providing written notice that it will begin construction, as required by Section 4.6, below. Upon the County's or the City's approval of the SWPPP, as appropriate, Redhawk or Centex, as appropriate, shall be solely responsible throughout the duration of constructing a Segment, or component facility thereof, for placing, installing, constructing, inspecting and maintaining all BMPs identified in the SWPPP and amendments thereto and for removing and disposing of temporary BMP's. Redhawk and Centex shall become fully informed of and comply with the applicable provisions of the General Permit, Federal, State and local regulations that govern their respective activities and operation pertaining to both stormwater and non- AD No. 1'~9 - Agreement for Deer Hollow Way 19 Final Draft 07/19/03 stormwater discharges from the "construction site" of a Segment, or component facility thereof, and any area of disturbance outside said "construction site". Redhawk and Centex shall, at all times, keep copies of the General Permit, approved SWPPP and all amendments at the Construction Site. The SWPPP shall be made available upon request of a representative of the SWRCB, San Diego Regional Water Quality Control Board, or the United States Enviromnental Protection Agency. Redhawk and Centex shall, at reasonable times, allow authorized agents of the above sited agencies, upon the presentation of credentials to: (i) enter upon the "construction site;" (ii) have access to and copy any records required to be kept as specified in the General Permit, (iii) inspect the "consm~ction site," including any offsite staging areas or material storage areas and determine whether related soil stabilization and sediment control BMP's have been implemented and maintained, and (iv) sample or monitor stormwater or non-stormwater runoff for proposes of ensuring compliance with the General Permit. Within twenty-four (24) hours of any of such inspection occurring, Redhawk or Centex, as appropriate, is to notice the County or City, as appropriate, by e-mail or facsimile transmission that the inspection occurred. Redhawk and Centex shall be solely and exclusively responsible for any arrangements made between it and other property owners or entities that result in ........ di~mrbahc6 of 1~1 at the "c6nSff-ucti¢~ site.' ............ Notwithstanding the County's or the City's approval of a SWPPP, Redhawk and Centex, as appropriate, shall be responsible for all costs and for any liability imposed by law as a result of its failure to comply with the requirements set forth in this Section, including but not limited to, compliance with the applicable provisions of the General Permit and Federal, State and local regulations. For the purpose of tkis Section, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the County, the City oreither Redhawk or Centex, as appropriate, including those levied under the Federal Clean Water Act and the State's Porter-Cologne Water Quality Act. Section 4.6 Notice of Intent to Commence Construction. Not less than twenty (20) Business Days prior to the date on which it intends to commence construction on a Segment, or component facility thereof, Redhawk or Centex, as appropriate, is to provide.written notice of its intent to the County Engineer or the City's engineer, as appropriate. The notice is to include the following documents: (a) Copies of all Licenses and Regulatory Permits secured pursuant to Sections 4.4 and 4.5, above, including a copy of the Notice of Intent ("NOI") and waste discharge identification number ("WDID No.") received from the SWRCB pursuant to Section 4.5, above. (b). Copies of the bonds required by Section 4.3(e), above. AD No. 159 - Agreement for Deer Hollow Way 20 Final Draft 07/19/03 (~) Duly executed irrevocable offer(s) of dedication to the public for road purposes, including ingress and egress, for the rights of way deemed necessary by the County, the City or appropriate public agency for the construction, inspection, operation and maintenance of a Segment, or component facility thereof. (d) Preliminary reports of title dated not more than thirty (30) days prior to date of submission for all property described in the irrevocable offer(s) of dedication. (e) A complete list of all contractors and subcontractors to be performing work on a Segment, or component facility thereof, including the corresponding license number and license classification of each. On said list, Redhawk and Centex, as appropriate, shall also identify its designated superintendent for construction of a Segment, or component facility thereof. (f) A construction schedule that shall show the order and dates in which Redhawk or Centex, as appropriate and its contractor proposes to carry on the various parts of work, including estimated start and completion dates. As the construction progresses Redhawk or Centex, as appropriate, shall update said ....... ¢onstmcti3~-s~hedule upon request. (g) The final mylar plan and profile sheets for a Segment, or component facility thereof, and assign their Ownership to the County, the City or the //ppropriate public agency prior to the start of construction of said Segment, or component facility thereof. (i) Certificates of insurance and endorsements as required by Section 4.11. Section 4.7 Bondine Rer~uirements. Redhawk and Centex, as appropriate, shall post such subdivision bonds as are required by the County or the City in connection with th~ recording of all subdivision maps for the Property. Redhawk and Centex's obligations pursuant to this Section will be considered satisfied, in part, through the contract performance bonds to be provided by its contractors pursuant to Section 4.3(e) hereof. Section 4.8 Additional Conditions to be Satisfied during Construction. (a) Provide to the County Engineer and the City's eng/neer, as appropriate, documontation to estabhsh that CEQA has been complied with regarding a Segment, or component facility thereof. (b) Construction of a Segment, or component facility thereof, shall be on a five (5) day, forty (40) hour workweek with no work on Saturday, Sundays or days designated by the County as legal holidays, unless otherwise approved by the County AD No. 159 - Agreement for Deer Hollow Way 21 Final Draft 07/19/03 Engineer. If either Redhawk or Centex feels it is necessary to work more than normal forty (40) hour workweek or on holidays, Redhawk or Centex, as appropriate, shall make a written request for permission from the County Engineer to work the additional hours. The request shall be submitted to the County Engineer at least 72 hours prior to the request 'date for additional work hours and state the reasons fo~ the overtime and the specific time frames required. The decision granting permission for overtime work shall be made by the County Engineer at his/her sole discretion and shall be final. If permission is granted, Redhawk or Centex, as appropriate will be charged the cost incurred at the overtime rates for additional inspection time required in connection with the overtime work in accordance with Ordinances Nos. 671 and 749 of the County, including any amendments thereto. Section 4.9 Inspection; Completion of Construction. The County Engineer, except for the portion of Area 1 that is within the City, shall have primary responsibility for providing inspection of the work of construction of a Segment, or component facility thereof, to insure that the work of construction is accomplished in accordance with the Plans approved by the County, the City or the appropriate public agency. County staff or City staff, as 'appropriate, shall have access to the site of the work of construction at all reasonable times for the purpose of accomplishing such inspection. i~edhawk and Centex is to provide the County Engineer, or the City's engineer, as appropriate, with written notice that it considers construction of a Segment, or component facility thereof, to have been completed consistent with the Plans and, upon receipt of said notice, thc County's or City's staff will provide written confirmation that construction of a Segment, or component facility thereof, is complete consistent with the approved Plans. Upon receipt of both written notices, thc County Engineer will in a timely manner notify both the either Redhawk or Centex, as appropriate, and the Administrator that the Segment, or component facility thereof, has been satisfactorily completed and that Redhawk or Centex, as appropriate, is to proceed with the recording of a Notice of Completion with respect to such construction pursuant to Section 3093 of the Califorrfia Civil Code. Redhawk or Centex, as appropriate, is to provide a duplicate copy of the recorded Notice of Completion to the County. Within a reasonable time following receipt of the duplicate copy of the recorded Notice of Completion, the County will issue the whtten notice required by Section 3.2, above, that it, the City or the appropriate public agency, will accept the Segment, or component facility thereof, into its maintained system. ,- Section 4.10 Maintenance of Facilities; Warranties. Redhawk and Centex, as appropriate, shall maintain each Segment, or component facihty thereof, for which it is responsible in good and safe condition until the Acceptance Date of said Segment, or component facility thereof. Prior to the Acceptance Date, Redhawk or Centex, as appropriate, shall be responsible for maintaining said Segment, or component facility thereof, in proper operating condition, and shall perform such maintenance on said Segment, or component facility thereof, as the County Engineer reasonably determines to AD No. 159 - Agreement for Deer Hollow Way 22 Final Draft 07/19/03 be necessary. As of the Acceptance Date, the performance bond provided by either RedhaWk or Centex for said Segment, or component facility thereof, pursuant to Section 4.3(e) hereof shall be reduced to an amount equal to 10% of the original amount thereof and shall serve as a warranty bond to guarantee that said Segment, or component facility thereof, will be free from defects due to faulty workmanship or materials for a period of twelve (12) months from the Acceptance Date, or either Redhawk or Centex, as appropriate, may elect to provide a new warranty bond or cash in such an amount. As of the Acceptance Date, Redhawk or Centex, as appropriate shall assign to County, the City or the appropriate public agency, all of its rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to said Segment, or component facility thereof. Section4.11 Insurance Requirements. Without limiting or diminishing Centex and Redhawk's obligation, respectively, to indemnify and hold the County, the City or the appropriate public agency harmless pursuant to Sections 5.5 and 5.6, hereof, Redhawk and Centex shall procure and maintain or cause to be maintained, at its sole cost and' expense the following insurance coverages, or altemate coverages acceptable to the County's Risk Manager, during the term of this Funding Agreement: - (a) Commercial General Liability: Commercial General Liability insurance overage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment' and underground hazards, personal and advertising i~njury covering claims which may arise from or out of Redhawk or Centex's respective performance of its obligations hereunder. Policy shall name by endorsement the County, the City, the appropriate public agencies, their respective directors, officers, Board of Supervisors, City Council, Board of Directors, elected officials, employees, agents or representatives as Additional Insureds. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Funding Agreement or be no less than two (2) times the occurrence limit. (b) Vehicle Liability: Redhawk and Centex shall each maintain liability insurance for all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Funding Agreement or be no less than two (2) times the occurrence limit. Policy shall name by endorsement the County, the City, the appropriate public agencies, their respective directors, officers, Board of Supervisors, City Council, Board of Directors, elected officials, employees, agents or representatives as Additional Insureds. AD No. 1.~9 - Agreement for Deer Hollow Way 23 Final Draft 07/19/03 (c) [Yorker's Compensation Insurance: Redhawk and Centex shall each maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State. Said policy shall include Employers' Liability (Coverage B) including Occupation Disease with limits not less than $1,000,000 per person per accident. Said policy shall be endorsed to waive subrogation in favor of the County, the City, and the appropriate public agencies; and if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement. General Insurance Provisions - all lines: (i) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. Best rating of not less than an A:VUI (A:8) unless such requirements are waived, in writing, by the County's Risk Manager. (ii) Redhawk and Centex's respective insurance carder(s) must declare its insurance deductibles or self-insured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County's Risk Manager before the commencement of operations under ttds. Funding Agreement. Upon notification of deductibles or self- insured retentions which are deemed unacceptable to the County, at the election of the County"~ Risk Manager, Developer's carriers shall either: (i) reduce or eliminate such deductibles or self-insured retentions as respects this Funding Agreement .with the County, or (ii) procure a bond which guarantees payment of losses and related investigations, claims administration, defense costs and expenses. (iii) Redhawk and Centex shall cause its insurance carrier(s) to furnish the County with (i) a properly executed original certificate(s) of insurance and certified original .copies of endorsements effecting coverage as required herein; or (ii) evidence of coverage acceptable to the County's Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. (iv) Further, said certificate(s) and endorsements to policies of insurance shall contain the covenant of the insurance cartier(s) that it shall provide no less than sixty'(60) days written notice be given to the County prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation or coverage foreither Redhawk or Centex, this Funding Agreement, as regardseither Redhawk or Centex, as appropriate, shall terminate forthwith, unless the County receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein is in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. AD No. 159 - Agreement for Deer Hollow Way 24 Final Draft 07/19/03 (v) It is understood and agreed by the Parties hereto and their respective insurance company(s) that the certificate(s) of insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. (vi) Redhawk and Centex and its contractors shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Funding Agreement and will require all such subcontractors to name on their insurance policies .by endorsement the County, the City, the appropriate public agencies, their respective directors, officers, Board of Supervisors, City Council, Board of Directors, elected officials, employees, agents or representatives as "Additional Insureds." Copies of such certificates and endorsements shall be provided to the County. The minimum limits of liability required of all tiers of subcontractors is $1,000,000 Combined Single Limit for Commercial General Liability and $1,000,000 Combined Single Limit for Vehicle Liability Insurance. Section 4.12 Ownership of Facilities. Notwithstanding the fact that some or all of the Segments, or component facilities thereof, may be constructed in dedicated street ' rigl~t~of:way or on property which-has-been or will-be dedicated to the County, the City, or the appropriate public agency, the Segments, or component facilities thereof, shall be and remain the property of Redbawk or Centex, as appropriate, until Acceptable Title to parcels not oWned by the County, the City, or the appropriate public agency is conveyed to the County, the City, or the appropriate public agency, as provided herein. Ownership of said parcels by either Redhawk, Centex or any third parties shall likewise not be affected'by any agreement that either Redhawk or Centex may have entered into or may enter into with the County pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control. AD No. 159 - Agreement for Deer Hollow Way 25 Final Drat~ 07/19/03 ARTICLE V REPRESENTATIONS, WARRANTIES AND COVENANTS; INDEMNIFICATION Section 5.1 Representations~ Warranties and Covenants of Centex Homes. Centex makes the following representations, warranties and covenants for the benefit of the County, the City and Redhawk, as of the date hereof: (a) Organization~ Centex represents and warrants that it is a general partnership duly organized and validly existing under the laws of the State of Nevada, is authorized to operate in the State, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (b) Authority. Centex represents and warrants that it has the power and authority to enter into this Funding Agreement, and has taken all action ..... necessary to cause this Funding. Agreement to be execul.ed and delivered_~ _aj!d_ _.this Funding Agreement has been duly and validly executed and delivered on behalf of Centex. (c) Binding Obligation. Centex represents and warrants that this Funding Agreement is a valid and binding obligation &Centex and is enforceable against Centex in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcemem of creditors' rights in general and by general equity principles. (d) Completion of Areas 1, 2 and 3. Centex covenants that it will use i~s reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause Areas 1, 2, and 3 and the component facilities thereof, for which it is responsible consistent with Section 2.1 hereof, to be completed in accordance with this Funding Agreement. (e) Compliance with Laws. Centex covenants that, while Areas 1, 2, and 3, and the component facilities hereof, for which it is responsible are owned by Centex or required pursuant to this Funding Agreement to be maintained by the Centex, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to said Areas I, 2 and 3, and the component facilities thereof, in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting Areas 1, 2 and 3. AD No. 159 - Agreement for Deer Hollow Way 26 Final Draft 07/19/03 (f) Reimbursement Requests. Centex represents and warrants that (i) it will not submit a request for payment, on behalf of itself or Redhawk, of the Reimbursement Amount for those component facilities of Areas 1, 2 and 3, for which it is responsible pursuant to Section 2.1 hereof, that are not identified in Exhibit Bas part of said Segments, and (ii) it will diligently follow all procedures set forth in this Funding Agreement. (g) Financial Records. Until the final Acceptance Date of the component facilities of Areas 1, 2 and 3 for which it is responsible under Section 2.1 hereof, Centex covenants to maintain proper books of record and account for the said Segments and all costs related thereto. Centex covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for inspection by the Administrator at any reasonable time during regular business hours on two Business Days' prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. (h) Permits. Centex covenants that it will pursue in a commercially reasonable manner all governmental or other permits or licenses required to ...... ' ' ~pro~eed xv~th the constn~ction- of Areas~-l;' 2 and 3,-and the-component .facilities thereof, for which it is responsible under Section 2.1 hereof and that it will pay all fees relating thereto. Centex represents and warrants that to the best of its knowledge, as of the date hereof, there is no material legal impediment to Centex's proceeding with and completing the construction of Areas 1, 2 and 3, and the component facilities thereof, for which it is responsible. (i) Environmental Matters. Centex represents and warrants that it has complied with, or has caused compliance with, CEQA as required for the construction of the Areas 1, 2 and 3, and the component facilities, for which it is responsible under Section 2.1 hereof, and their conveyance to the County, the City or the appropriate public agencies. Section 5.2 Representations, Warranties and Covenants of the Redhawk Communities~ Inc. Redhawk makes the following representations, warranties and covenants for the benefit of the County, the City and Centex, as of the date hereof: (a) Organizatior~. Redhawk represents and warrants that it is a corporation duly organized and validly existing under the laws of the State, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (b) Authority. Redhawk represents and warrants that it has the power and authority to enter into this Funding Agreement, and has taken all action necessary to cause this Funding Agreement to be executed and delivered, and this AD No. 159 - Agreement for Deer Hollow Way 27 Final Draft 07/19/03 Funding Agreement has been duly and validly executed and delivered on behalf of Redhawk. (c) Binding Obligation~ Redhawk represents and warrants that this Funding Agreement is a valid and binding obligation of Redhawk and is enforceable against Redhawk in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (d) Completion of Area I. Redhawk covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause Area 1 and the component facility thereof for which it is responsible under Section 2.1 hereof to be completed in accordance with this Fund, ing Agreement. (e) Compliance with Laws. Redhawk covenants that, while Area 1 and the component facility thereof for which it is responsible under Section 2.1 hereof is owned by Redhawk or required pursuant to this Funding Agreement to be maintained by Redhawk, it will not commit, suffer or permit any of its agents, employees-or contractors to commit any act to-be done in, upon otto said Area 1 and the component facility thereof in violation in any material respect of any law, ordinance, role, regulation or order of any govemmental authority or any covenant, condition or restriction now or hereafter affecting said Area 1 and the component facility thereof. (f) Reimbursement Requests. Redhawk represents and warrants that (i) it will not submit a request for payment, on behalf of itself, of the Reimbursement Amount for the component facility of Area 1 for which it is responsible pursuant to Section 2.1 hereof, that are not part of said Segment, (ii) it will diligently follow all procedures set forth in this Funding Agreement and (iii) it will not cause any administrative or legal action pursuant to the Purchase Agreement, the Facilities Agreement or this Funding Agreement to be filed contesting the payment of the Reimbursement Amount for the northerly half- width improvements to Area 3 or in any other manner contest the payment of said Reimbursement Amount to Centex by the County as allowed by Section 2.1(c)2) and Section 3.5¢) hereof. (g) Financial Records. Until the final Acceptance Date of Area 1 and the component facility thereof for which it is responsible under Section 2.1 hereof, Redhawk covenants to maintain proper books of record and account for the said Segment and all costs related thereto. Redhawk covenants that such accounting books will be maintained in accordance with generally accepted accounting principles, and will be available for inspection by the Administrator at any reasonable time during regular business hours on two Business Days' prior written AD No. 159 - Agreement for Deer Hollow Way 28 Final Draft 07/19/03 notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. (h) Permits. Redhawk covenants that it will pursue in a commercially reasonable manner all governmental or other permits or licenses required to proceed with the construction of Area 1 and the component facility thereof for which it is responsible under Section 2.1 hereof, and that it will pay all fees relating thereto. Redhawk represents and warrants that to the best of the Redhawk's knowledge, as of the date hereof, there is no material legal impediment to the Redhawk's proceeding with and completing the construction of Area 1 and the component facility thereof for which it is responsible. (i) Cooperation in the Construction of the Northerly half-width of Area 3. Redhawk will cooperate fully with Centex regarding the construction of the northerly half-width of Area 3, including without limitation, allowing Centex, or its contractors or subcontractors, to enter all property owned by Redhawk, or one of its constituent entities, that fronts on Area 3 for all construction and maintenance obligation incurred by Centex pursuant to the terms of this Funding ,~greement. (j) Environmental Matters. Redhawk represents and warrants that it has complied with, or has caused compliance with, CEQA as required for the construction of the Area 1 and the component facility for which it is responsible under Section 2.1 hereof and its conveyance to the City. Section 5.3 Representations~ Warranties and Covenants of the County. The Cotinty makes the following representations, warranties and covenants for the benefit of the City, Centex and Redhawk: (a) Authority. The County represents and warrants that it has the power and authority to enter into this Funding Agreement, and has taken all actions necessary to cause this Funding Agreement to be executed and delivered, and this Funding Agreement has been duly and validly executed and delivered on l~ehalf of the County. (b) Binding Obligation. The County represents and warrants that this Funding Agreement is a valid and blinding obligation of the County and is enforceable against the County in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Reimbursement Requests. The County represents and warrants that it will follow all procedures set forth in the Funding Agreement. AD No. 159 - Agreement for Deer Hollow Way 29 Final DraR 07/i9/03 (d) Financial Records. Until the final acceptance of Areas 1, 2 and 3 and the completion of construction of Area 4, the County covenants to maintain, or cause to be maintained, proper books of record and account for the special assessments and the Bonds. The County covenants that such accounting books will be maintained in accordance with generally accepted accounting principles applicable to governmental entities, and will be available for inspection by the City, Centex and Redhawk and their agents at any reasonable time during regular l~usiness hours on two Business Days prior written notice. Section 5.4 Representations~ Warranties and Covenants of the City. The City makes the following representations, warranties and covenants for the benefit of the County, Centex and Redhawk: (a) Authority. The City represents and warrants that the it has the power and authority to enter into this Funding Agreement, and has taken all action hecessary to cause this Funding Agreement to be executed and delivered, and this Funding Agreement has been duly and validly executed and delivered on behalf of City~ (b) - Binding Obligation. The City represents and warrants that this Funding Agreement is a valid and blinding obligation of the City and is enforceable against the City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (c) Completion of Street Facihtv Component of Area 1. The City covenants that it will use its reasonable and diligent efforts to take expeditiously all actions that may be lawfully required of it in issuing permits, processing and approving Plans and inspecting the street facility component of Area 1 in accordance with this Funding Agreement. ~ection 5.5 Centex Indemnification. Centex agrees to protect, indemnify, defend and hold the County and the City, and their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the County, the City, or their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, or any combination thereof, .may suffer or which may be sought against or recovered or obtained from the County, the City, or their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, Or any combination thereof, as a result of or by reason of or arising out of or in consequence of (a) the reimbursement for, construction, and installation of the underground utilities component of Area 1 and all facility components of Areas 2 and 3, (b) the untruth or inaccuracy of AD No. 159 - Agreement for Deer Hollow Way 30 Final Dram 07/19/03 any representation or warranty made by Centex in this Funding Agreement or in any certifications delivered by Centex hereunder, or (c) any act or omission of Centex or any of its contractors or subcontractors, or their respective officers, employees or agents, in connection with the underground utilities component of Area 1, and all facility components of Areas 2 and 3. If Centex fails to do so, the County and the City shall have the fight, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorneys fees or court costs, to and recover the same fi.om Centex. No indemnification is required to be paid by Centex for any claim, loss or expense (a) arising from the willful misconduct or gross negligence of the County, the City, or their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, (b) arising fi:om the use or operation of the underground utilities component of Areas 1, 2 and 3 after their acceptance, unless such claim, loss or expense results fi.om the defective or improper design, acquisition, ~onstmction or installation of the underground utilities component of Area 1, and component facilities of Area 2 and 3 or (c) arising fi:om the acts or omissions of Redhawk in performing its obligations under this Funding Agreement. ..... The provisions of this-Section shall surcive-the termination of.-this Funding Agreement. , Section5.6 Redhawk Indenmification. Redhawk agrees to protect, indemnify, defend and hold the County and the City, and their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, and each of them, harmless fi.om and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the County, the City, or their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the County, the City, or their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence of (a) the reimbursement for, construction, and installation of the street facility component of Area 1, (b) the untruth or inaccuracy of any representation or warranty made by Redhawk in this Funding Agreement or in any certifications delivered by Redhawk hereunder, or (c) any act or omission of Redhawk or any of its subcontractors, or their respective officers, employees or agents, in connection with the street facility component of Area 1. If Red. hawk fails to do so, the County and the City shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorneys fees or court costs, to and recover the same from Redhawk. Al)No. 159 - Agreement for Deer Hollow Way 31 F/hal Draft 07/t9/03 No indemnification is required to be paid by Redhawk for any claim, loss or expense (a) arising fi:om the willful misconduct or gross negligence of the County, the City, or their respective directors, officers, Board of Supervisors, City Council, elected officials, employees, representatives and agents, or Co) arising fi:om the use or operation of the street facility component of Area 1 after its acceptance, unless such claim, loss or expense results from the defective or improper design, acquisition, construction or installation of the street facility component of Area 1 of (c) arising from the acts or omissions of Centex in performing its obligations under this Funding Agreement. The provisions of this Section shall survive the termination of this Funding Agreement. AD No. 159 - Agreement for Deer Hollow Way 32 Final Dratt 07/19/03 ARTICLE VI MISCELLANEOUS Section 6.1 Redhawk and Centex as Independent Contractors. In performing under this Funding Agreement, it is mutually understood that Reclhawk and Centex are acting as independent contractors, and not as agents of the County or the City. Neither the County nor the City shall have any responsibility for payment to any contractor, subcontractor or supplier of Redhawk or Centex. Section 6.2 Other Agreements. Nothing contained herein shall be construed as affecting the County, the City Redhawk or Centex's respective duty to perform their respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remaIn independent of Redhawk or Centex's rights and obligations, and the County's and the City's rights and obligations, under this Funding Agreement; provided, however, that Redhawk and Centex shall use its reasonable and diligent efforts to perform each and ..... ever5~ covenant to be performed by it~-under any lien oF encumbrance, -instrument, - ..... declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the construction and installation of the Segments, or component facilities thereof. Section 6.3 Binding on Successors and Assigns. Neither this Funding Agreement nor the duties and obligations of Redhawk and Centex hereunder may be assigned to any person or legal entity other than an affiliate of either Redhawk or Centex without the written consent of the County and the City, which consent shall not be unxeasofiably withheld or delayed. Neither this Funding Agreement nor the duties and obligations of the County or the City hereunder may be assigned to any person or legal entity, without the written consent of bothCentex and Redhawk, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors-in-interest of the Parties hereto. Section 6.4 .Amendments. This Funding Agreement can only be amended by an instrument in writing executed and delivered by the County, the City, Redhawk andCentex. Section 6.5 Waivers. No waiver of, or consent with respect to, any provision of this Funding Agreement by a Party hereto shall in any event be effective unless the same shall be in writing and signed by such Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. ~ AD No. 159 - Agreement for Deer Hollow Way 33 Final Draft 07/19/03 Section 6.6 No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Funding Agreement (either express or implied) is intended to confer upon any person or entity, other than the County, the City, Redhawk and Centex (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Funding Agreement. Section6.7 Notices. Any written notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication to bc given hereunder shall be given to the Party entitled thereto at its address set forth below, or at such other address as such Party may provide to the other party in writing from time to time, namely: County: ~ounty Engineer: County Executive Office County of Riverside Atto: Special Districts Administrator 4080 Lemon Street, 4th Floor Riverside, California 92501 Telephone: (909) 955-1100 Fax: (909) 955-1105 Director of Transportation Department County of Riverside 4080 Lemon Street, 8th Floor Riverside, California 92501 Telephone: (909) 955-6740 Fax: (909) 955-3198 City: City Engineer City of Temecula 43200 Business Park Drive Temecula, California 92590 Telephone: (909) 694-6444 Fax: (909) 694-1999 Cent ex: Centex Homes Atto: David Hahn 2280 Wordlow Circle, Suite 150 Corona, California 92880 Telephone: (909) 479-9300 Fax: (909) 273-2100 AD No. 159 - Agreement for Deer Hollow Way 34 Final Draft 07/19/03 Redhawk: Redhawk Communities, Inc. Atto: Kurt Wright 43529 Ridge Park Drive Temecula, California 92590 Telephone: (909) 506-6556 Fax: (909) 506-4821 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the Party to whom it is addressed (a) if personally served or delivered, upon delivery, Co) if given by electronic communication, whether by telex, telegram or telecopier, upon the sender's receipt of a document confirming satisfactory transmission, (c)if given by register6d or certified mail, retum receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said ovemight courier, or (e)if given by any other means, upon delivery at the address specified in this Section. Section 6.8 Jurisdiction and Venue. Each of the County, the City, Centex -'/nd Rec~hawk '(~)~'agrees th~tt any stiit action or'other legal proceeding~rising out of or relating to this Funding Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which said County is located, (b) ~0nsents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the County, the City, Centex and Redhawk agrees that a final and non-appealable judgment in any such action or proceeding shall be conclusive and may be enfomed in other jurisdictions by suit on the judgment or in any other manner provided by law. Section 6.9 Attorneys' Fees. If any action is instituted to interpret or enforce any of the provisions of this Funding Agreement, the Parties prevailing in such action shall be entitled to recover from the other parties thereto reasonable attorney's fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment. Section 6.10 Governing Law. This Funding Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State. Section 6.11 Usage of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. Section 6.12 Counterparts. This Funding Agreement may be executed in counterparts, each of which shall be deemed an original. AD No. 159 - Agreement for Deer Hollow Way 35 Final Draft 07/19/03 Section 6.13 Interpretation. The Parties to this Funding Agreement and their counsel have reviewed and revised this Funding Agreement, and the normal rule of construction to the effect that any ambiguities in an agreement are to be resolved against the drafting Parties shall not be employed in the interpretation of this Funding Agreement. Section 6.14. Designation of Party's Representative. Each Party is to prepare a certificate designating the person or persons that are to serve as the liaison between the County, the City, and the appropriate public agencies regarding design, engineering and construction of the Segments, or component facilities thereof. The certificate is to contain an original and specimen of each designated person. The certificate to be provided the County, the City, the appropriate public agencies, and the Fiscal Agent at the time the Bonds are issued. [Balance of page intentionally left blank] AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 36 IN WITNESS WHEREOF, the Parties hereto have executed this Funding Agreement as of the day and year first hereinabove written. COUNTY OF RIVERSIDE RECOMMEND FOR APPROVAL: By: GEORGE A. JOHNSON Director of Transportation By: Chairman, Board of Supervisors ATTEST: NANCY ROMERO, Clerk to the Board of Supervisors By: Deputy Clerk APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN, County Counsel By: ATTEST: City Clerk Deputy County Counsel CITY OF TEMECULA By: Jeffrey E. Stone, Mayor By: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: City Attorney By: Peter Thorson AD No. 159 - Agreement for Deer Hollow Way 37 Final Draft 07/19/03 REDHAWK COMMUNITIES, INC., a California corporation By: Paul Garrett, President CENTEX HOMES, a Nevada general parmership By: Centex Real Estate Corporation, a Nevada Corporation, its managing partner By: David Hahn, Division President AD No. 159 - Agreement for Deer Hollow Way 38 Final Draft 07/I 9/03 EXHIBIT B STREET IMPROVEMENTS (Deer Hollow Way) Area 1: (Sra. 10+20.44 to Sta. 34+32.06) Street Facility: Approximately 2,400 linear feet of full width street improvements, including curb and gutter and grading, but excluding sidewalks, street lights, Median and parkway improvements. Underground Utilities: Approximately 2,400 linear feet of 96" storm drains and appurtenances; approximately 2,400 linear feet of 16" waterline and appurtenances; and approximately 1,000 linear feet of 8" VCP and 1,020 linear feet of 10" VCP and other sewer appur- tenances Total: Area 2: .(Sta. 34+32.06 to Sta. 57+10.03) Street Facility: Approximately 2,200 linear feet of full width street improvements, including curb and gutter, but excluding sidewalks, street lights, median and parkway improvements Underground Utilities: Approximately 2,200 linear feet of 16" waterline and appurtenances, and 94 linear feet of storm drain and appurtenances Total: Area 3: (Sra. 57+10.03 to Sta. 67+72.96) Southerly half-width Street Improvements: Approxi- mately 1,070 linear feet of half-width street im- provements, including curb, gutter, grading and striping, but excluding sidewalks, street lights, median and parkway improvements and approx- imately 1,070 linear feet of 16" waterline and appurtenances thereto $ 422,569.50 $1,163,865.00 $1,586,434.50 $ 489,565.65 $ 186,556.00 $ 676,121..65 $ 192,965.29 AD No. 1~9 - Agreement for Deer Hollow Way B-1 ' Fiaal Draft 07/19/03 Northerly half-width Street Improvements: Approx- imately 1,070 linear feet of half-width street im- provements, including curb, gutter, and grading, but excluding sidewalks, street lights, median and parkway improvements Total: Area 4: (Sta. 67+72.90 to 75+41.95) Street Improvements: Approximately 770 linear feet of full width street improvements, including curb, gutter, grading, and acquisition of slope easements, but excluding sidewalks, street lights, median and parkway improvements Total: GRAND TOTAL: $ 733,559.50 $ 926,524.79 $ 709,671.00 $ 709,671.00 $3,898,751.94 AD No. 159 - Agreement for Deer Hollow Way B-2 Final Draft 07/19/03 EXHIBIT C CONSTRUCTION BID AND AWARD PROCEDURES Redhawk and Centex shall follow the following procedures in the solicitation of bids and the award of contracts for the construction of a Segment, or component facility thereof: Each may elect to pre-qualify prospective bidders, consistent with the provisions of Section 20101 of the Public Contracts Code, for all or any portion of a Segment or component facility thereof. If either elects to pre-qualify prospective bidders, its request for qualifications and notice of request for qualifications shall each be subject to the approval of the County Engineer. Each shall publish a notice of the request for qualifications in (a) the Greensheet at least two (2) times with the final publication to occur at least 10 calendar days prior to the deadline for submission of qualification statements and (b) The Press Enterprise for 10 consecutive calendar days with the final publication to occur at least 10 days prior to the deadline for submission of qualification statements. The request for qualifications shall clearly state that it is required to solicit bids from no more than three (3) pre- qualified bidders and that the bids solicited from such pre-qualified bidders may be'awarded on the basis of either the low unit price bid or the low lump sum bid. Each Notice Inviting Bids and all related bid documents shall be subject to approval by the County Engineer prior to the distribution of such documents to prospective bidders. 3. Each shall solicit bids from not less than three (3) bidders. Each may require the submission of both unit price bids and lump sum bids consistent with the format attached. All bidders shall be required to submit sealed bids to the bid administrator designated in the bid documents. The bid documents shall require each bidder to submit a non-collusion affidavit with such bidder's sealed bids. Each shall require all contractors and sub-contractors to pay at least General Prevailing Wages to all workers required under state law to receive such wages, to post a copy of the General Prevailing Wage Rates at the job-site in a conspicuous place available to all employees and apphcants for employment. Each shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each case to provide proof of insurance coverage satisfying the requirements of Section 4.11 of the Funding Agreement, as applicable. AD No. 159 - Agreement for Deer Hollow Way C-1 Final Draft 07/19/03 10. Each shall require the contractor to furnish labor and material payment bonds and contract performance bonds each in an mount equal to 100% of the contract amount naming said it, the County, the City and the appropriate public agencies as obligees. Each shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each case to submit certified weekly payroll records toit. All such records shall be available for inspection by the County Engineer upon reasonable notice toit. AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 EXHIBIT D PAYMENT BOND (Public Work - Civil Code Section 3247 et seq.) The makers of this Bond are [Centex Homes/Redhawk Communities, Inc.] as Principal and Original Contractor and , a corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in conjunction with that certain public works conU'act dated as of July 1, 2003, between Principal, County of Riverside, a public entity, as owner, and the City of Temecula, an incorporated municipality for dollars ($ ) the total mount payable. THE AMOUNT OF THIS BOND IS 100% OF SAID SUM. Said contract is for public work of those certain Street and Appurtenant Facilities as defined and described in said agreement entitled: "Iaftastrucmre Funding and Reimbursement Agreement by and among the Counly of Riverside, the City of Temeanla, Centex Homes, a Nevada general partnership and Redhawk Communities, Inc., a California corporation" dated as of July 1, 2003 The beneficiaries of th/s Bond are as is stated in 3248 of the Civil Code and the requirements and conditions of this Bond are as is set forth in Sections 3248, 3249, 3250 and 3252 of said Code. Without notice, Surety consents to extension of time for performance, change in requirements, amount of cm~q~r/sation, or prepayment under said Contract. Signed and Sealed this .Day of 200 (Firm Name - Principal) (Business Address) By: (Signature - Attach Notary's Acknowledgment) (Title) (Corporation Name - Surety) (Business Address) By: (Signature - Attached Notary's Acknowledgment) Affix Seal if Corporation ATTORNEY-IN-FACT (Title-Attach Power of Attorney) AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 D-1 Affix Corporate Seal PERFORMANCE BOND The makers of this Bond, [Centex Homes/Redhawk Communities, Inc.] as Principal, and as Surety, are held and fim~y bound unto County of Riverside, hereinafter called the Owner, in the sum of Dollars ($ ) for the payment of which sum w~ll and truly to be made, we bind ourselves, our heirs, executors, adminis~'ators, and successors, jointly and severally, firmly by these presents. The ~ondition of tiffs obligation is such, that whereas the Principal entered into a certain conh'act, hereto attached, with the Owner, dated as of July 1, 2003 for those certain Slreet and Appurtenant Facilities as defined and described in said agreement entitled: "Infi-astrucmre Funding and Reimbursement Agreement by and among the County of Riverside, the City of Temecula, Centex Homes, a Nevada general partnership, and Redhawk Communities, Inc., a California corporation" dated as of July 1, 2003.. Now therefore, if the Principal shall well and truly perform and fulfill all the undertakings covenants, terms, conditions and agreements of said Contract during the original term of said Contract and any extension thereof that may be granted by the Owner, with or without notice to the Surety, and during the file of any guarantee required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Contract that may thereafter be made, then this obligation to be void, otherwise to remain~ in~ full force and virtue. Without notice, Sor~ty consents to extension of time for perfog;nance? change in requirements, change in compensation or prepayment under said Contract. Signed and Sealed this Day of 200__ (Firm Name - Principal) (Business Address) By: (Signature - Attach Notary's Acknowledgment) (Title) (Corporation Name - Surety) (Business Ad&ess) By: Affix Seal if Corporation Affix Corporate Seal (Signature - Attach Notaty's Acknowledgment) ATTORNEY-IN-FACT (Tide-Attach Power of Attorney) AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 D-2 EXHIBIT E-1 FORM OF REIMBURSEMENT REQUEST Assessment District no. 159 (Rancho Villages of the County of Riverside and Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside [Redhawk/Centex] hereby requests payment of the Reimbursement Amount for the [component facility] of Area __. Capitalized undefined terms shall have the meanings ascribed thereto in the Infrastructure Funding and Reimbursement Agreement, dated as of July 1, 2003 (the "Funding Agreement"), by and among the County of Riverside (the "County"), the City of Temecula (the "City"), Centex Homes ("Centex") and Redhawk Communities, Inc. ("Redhawk"). In connection with ttds Reimbursement Request the undersigned hereby represents and warrants to the County as follows: 1. The undersigned is a party representative, qualified to execute this request for i~intbutsement ~n behalf of ~RedhawkfCentex] and is knowledgea~e as to the matter~ set forth herein. 2. Attached hereto are the appropriate written notices or certifications from the public entity(ies) stating that the Segment, or component facilities thereof, for which reimbursement is being sought are complete and have been accepted into the maintained system of said public entity(ies). 3. The representations and warranties of [Redhawk/Centex] set forth in Section [5.1/5.2] of the Funding Agreement are tree and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. I herby declare under penalty of perjury that the above representations and warranties are true and correct. Date: [Centex Homes, a Nevada general partnership/Redhawk Communities, Inc., a California corporation] By: Party Representative AD No. 159 - Agreement for Deer Hollow Way E-1 Final Draft 07/19/03 EXHIBIT E-2 FORM OF REIMBURSEMENT REQUEST Assessment District No.159 (Rancho Villages) of the County of Riverside and Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside Centex hereby requests payment of the Reimbursement Amount of the Northerly half-width of Area 3 described in Attachment A attached hereto. Capitalized undefined terms shall have the meanings ascribed thereto in the Infrastructure Funding and Reimbursement Agreement, dated as of July 1, 2003 (the "Funding Agreement"), by and among the County of Riverside (the "County"), the City of Temecula (the "City"), Centex Homes ("Centex") and Redhawk Communities, Inc ("Redhawk"). In connection with this Reimbursement Request, the undersigned hereby represents and warrants to the County as follows: 1. The undersigned is a Party Representative, qualified to execute this request _for_._r_eimburse~m~n_t. on b~eh_alf of Ce_nt~_an.d is kpo. w~le_d_g~abl? as to the ma_tt?s set forth. herein. 2. Centex has submitted or submits herewith to the County Engineer as-built drawings or similar Plans and specifications for the Northerly half-width of Area 3 for which reimbursement is requested, and such drawings or plans and specifications, as applicable, are true, correct and complete. 3. The Northerly half-width of Area 3 has been constructed in accordance with the Plans therefor, and in accordance with all applicable County standards and the requirements of the Funding Agreement, and the as-built drawings or similar Plans and specifications referenced in paragraph 2 above. 4. There has not been filed with or served upon Centex notice of any lien, right to' lien or attaclmaent upon, or claim affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of such obligation, other than material men's or mechanics' liens accruing by operation of law. Copies of lien releases for all work for which payment is requested hereunder are attached hereto. 7. The representations and warranties of Centex set forth in Sections 5.1 of the Funding Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. AD No. 159 - Agreement for Deer Hollow Way Final Draft 07/19/03 I hereby declare under penalty of perjury that the above representations and warranties are tree and correct. Date: Centex Homes By: Party Representative AD No. 159 - Agreement for Deer Hollow Way E-3 Final Draft 07/19/03 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA / FROM: COUNTY EXECUTIVE OFFICE SUBMITrAL DATE: July 15, 2003 /~ SUBJECT: Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside RECOMMENDED MOTION: That the Board approves and adopts Resolution No. 2003-378 authorizing the issuance of an additional series of limited obligation improvement bonds, the Series C Bonds, in an principal amount not to exceed $3,000,000, prescribing the terms thereof, providing for the appointment of a Fiscal Agent, and approving various documents related thereto. BACKGROUND: On October 8, 1991, the Board of Supervisors initiated proceedings to establish Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside (the "Supplemental Assessment District"). The Supplemental Assessment District has issued two series of limited obligation bonds to finance the construction of certain public improvements (i) the Sedes A Bonds, in the principal amount of $29,532,229.41, issued on August 25, 1994 and (ii) the Series B Bonds, in the principal amount of $780,000, issued on December 21, 2000. On August 10, 1999,'the Board of SupervisOrs authorized the sale and issuance of bonds to refund the Series A Bonds, the principal amount of the Refunding Bonds was $24,759,000. (Confin.ued on Page 2) FINANCIAL DATA: ;URRENT YEAR COST 4ET COUNTY COST SOURCE OF FUNDS: Jerry N0rri~, ~enior Management (~nabTst $ 0 ANNUAL COST $ 0 $ 0 IN CURRENT YEAR BUDGET: YES / NO / X BUDGET ADJUSTMENT: YES/ NO/X FOR FY: 00/01 Bond Proceeds C. E. O. RECOMMENDATION: APPROVE County Executive Officer Signature MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Buster, seconded by Supervisor Venable and duly carded by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Noes: Absent: Date: Prey. Agn. ref. FORM 11 (Rev. 8/96) Buster, Venable and Wilson None Tavaglione and Ashley July 15, 2003 E.O., Co. Co., Treasurer-Tax Collector Dist. 1 / 3 AGENDA NO, ATTACHMENTS FILED Nan o. m Clfr~e, Board 3 Board of Supervisors County of Riverside RESOLUTION NO. 2003-376 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE DETERMINING UNPAID ASSESSMENTS AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,000,000 COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. 159 SUPPLEMENTAL (RANCHO VILLAGES) LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES C, PRESCRIBING THE TERMS THEREOF, PROVIDING FOR THE APPOINTMENT OF A FISCAL AGENT AND APPROVING VARIOUS DOCUMENTS RELATED THERETO WHEREAS, on October 8, 1991, the Board of Supervisors of the County of Riverside (respectively, the "Board of Supervisors" and the "County") adopted Resolution No. 91-553 (the "Resolution of Intention'z) declaring/ts intention to order a supplemental assessment to finance the deficit in the costs of certa/n improvements, declaring the work to be of more than local benefit, describing the district to be assessed and providing for the issuance of bonds pursuant to the provisions of the Municipal Improvement Act of 1913 (the "1913 Act"), constituting Division 12 (commencing with Section 10000) of the Streets and Highways Code of the Stale of California (the "Code"), and the sale of bonds pursuant to the Improvement Bond Act of 1915 0he "1915 Act"), constituting Division 10 (commencing with Section 8500) of the Code; and WHEREAS, the Board of Supervisors, by adoption of Resolution No. 91-619 on November 12, 1991, confirmed an assessment for Assessment District No. 159 Supplemental (Rancho' Villages) of the County of Riverside (the "Supplemental District") in the amount of $79,320,887.00 that allowed the County to issue for the Supplemental District, in one or more series, limited Obligation improvement bonds in a total amount not to exceed the confirmed assessment amount; and WHEREAS, pursuant to the Resolution of Intention, the Board of Supervisors, among other things, directed the Assessment Engineer to prepare and file a written report (the "Engineer's Report") with the Clerk of the Board 'of Su-p~rvisors describing the public improvements and the assessments representing such improvements in accordance with Section 10204 of the Code~ and to'file a supplement to the Engineer's Report for each series of bonds proposed to be issued by the County for the Supplemental District; and WHEREAS, in furtherance of Resolution No. 91-553, on July 26, 1994, the Board of Supervisors adopted Resolution No. 94-251 providing for the issuance of $29,532,229.41 principal amount of Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside Limited Obligation Improvement Bonds, Series A (the "1994 Bonds"), and approving various financing documents in cormection therewith and on August 25, 1994, $29,532,229.41 aggregate principal amount of 1994 Bonds were issued; and WHEREAS, on June 29, 1999, the Board of Supervisors adopted Resolution No. 99-202 declaring its intention to refund the $25,935,000 outstanding principal amount of 1994 Bonds and to levy reassessments as security for the refunding bonds to be issued and on August 10, 1999 the Board of Supervisors adopted Resolution No. 99-366 authorizing the issuance of not to exceed $27,000,000 aggregate principal amount of Reassessment District No. t59 Supplemental (Rancho Villages) of the County of Riverside Limited Obligation Refunding Bonds (the "Refunding Bonds") and on August 17, 1999, $24,759,000 aggregate principal amount of Refunding Bonds were issued; and WHEREAS, in furtherance of Resolution No. 91-553, on December 12, 2000, the Board of Supervisors adopted Resolution No. 2000-331 providing for the issuance of not to exceed $885,000 principal amount of Assessment District No. 159 Supplemental (Rancho Villages) of the County of R/verside (the "Supplemental District") Limited Obligation Improvement Bonds, Series B (the "2000 Bonds"), and approving various financing documents in connection therewith and on December 21, 2000, $780,000 aggregate principal amount of ~2000 Bonds-were issUed; and WHEREAS, at the direction of the County, a supplement to the Engineer's Report has been prepared by the Assessment Engineer describing the improvements (the "Series C Improvement") and the assessment for such improvements to secure an additional series of bonds (the "Series C Bonds") and a notice of such proposed assessment has been provided in the manner required by law to each owner of property receiving a benefit from the Series C Improvements, providing a period of 30 days during which such owner could pay all or a portion of its assessment, stating that the portion of the assessment remaining unpaid will be used to secure bonds issued to pay the acquisition price of the Series C Improvements, including incidental costs incurred by the County in issuing the bonds; WHEREAS, the Board of Supervisors now wishes to determine the amount of such unpaid assessments and to provide for the issuance of the Series C Bonds secured by the original assessment of the Supplemental District and to make the findings that the public interest and necessity requires such issuance; NOW, THEREFORE, BE IT HEREBY RESOLVED, FOUND, DETERMINED AND ORDERED by the Board of Supervisors of the County of Riverside in regular session assembled as follows: Section 1. Definitions. For purposes of this Resolution, the following capitalized term has the indicated meaning: 2 "Officer of the County" means the Chairman of the Board of Supervisors, the Clerk of the Board of Supervisors, the County Executive Officer, or the Treasurer-Tax Collector of the County, or any designee of any of the foregoing. Section 2. Additional Bonds. The Board of Supervisors hereby finds and determines that the public interest and necessity require and that it .is the intention of this Board to authorize the issuance of additional bonds on the basis of and secured by a portion of the original assessment not previously utilized to secure prior series of bonds. Section 3. Unpaid Assessments. The Board of Supervisors hereby finds, following the expiration of the 30 day period during which assessments could be paid in full or in part, based on the Series C Certificate of Paid and Unpaid Assessments, presented by the Assessment Engineer and attached hereto as Exhibit A, that such unpaid assessments shall be used to secure bonds to acquire the Series C Improvements and to pay incidental costs of issuing bonds. Section 4. Appointment of Fiscal Agent. The Board of Supervisors hereby determines to appoint U.S. Bank National Association as Fiscal Agent (the "Fiscal Agent") under the terms of the Fiscal Agent Agreement, hereinafter defined. Section 5. Terms of Series C Bonds. The Series C Bonds shall be issued in an aggregate principal amount of not to exceed $3,000,000 upon the terms and conditions contained in the Fiscal Agent Agreement, which terms and conditions are by this reference incorporated herein. The Bonds shall be issued in fully registered form in the denomination of $5,000 and integral multiples thereof. The Bonds shall be dated their date of issuance. The Bonds shall be executed as provided in Section 3.02 of the Fiscal Agent Agreement. The Bonds shall be numbered as determined by the Fiscal Agent and shall bear interest and mature as provided in the District Purchase Contract hereinafter defined; provided, however, that in no event (a) may the net interest cost (but not including purchaser's discount) of the Bonds exceed 12%, (b) shall the first maturity of the Bonds be earlier than September 2, 2004, and shall the last installment of the Bonds mature later than September 2, 2014. The Bonds are subject to redemption as provided in Article IV of the Fiscal Agent Agreement. Section 6. Fiscal Agent Agreement. The proposed form of Fiscal Agent Agreement, dated as of August 1, 2003 (the "Fiscal Agent Agreement"), by and between the County and the Fiscal Agent, related to the Bonds, presented to the Board of Supervisors on July 15, 2003, and the proposed form of the First Supplemental Fiscal Agent Agreement, by and between the County and the Fiscal Agent, related to the Refunding Bonds, presented to the Board of Supervisors on July 15, 2003, are hereby approved. The Officers of the County, and each of them acting alone is, hereby authorized and directed, for and in the name of and on behalf of the County, to execute by manual or facsimile signature and deliver the Fiscal Agent Agreement in substantially the fom~ presented herewith with such changes therein as they may approve, in their discretion, as being in the best interests of the County, such approval to be conclusively evidenced by the execution and delivery thereof. Section 7. District Purchase Contract. The proposed form of District Purchase Contract (the "District Purchase Contract") between the County and the Riverside County Public Financing Authority (the "Authority"), as purchaser of the Bonds, presented to the Board of Supervisors on July 15, 2003, is hereby approved. The Officers of the County, and each of them acting alone is, hereby authorized and directed, for and in the name of and on behalf of the County, to execute by manual or facsimile signature and deliver the District Purchase Contract in substantially the form presented herewith with such changes therein as they may approve, in their discretion, as being in the best interests of the County, such approval to be conclusively evidenced by the execution and delivery thereof; provided, that the purchaser's discount shall not exceed 2.75% of the principal amount of the Bonds. Section 8. Bond Purchase Agreement. The form of the Bond Purchase Agreement (the "Bond Purchase Agreement"), by and among the Authority, the County, and Stone & Youngberg LLC (the "Underwriter"), related to the Authority's Assessment Revenue Bonds, Series 2003 (Junior Lien Bonds), in an aggregate principal amount not to exceed $6,000,0_0_0. (the~ "Authority Bonds") gnd presented on July 15, 2003, is hereby approved and each of the' Officers of the County, and each of them acting alone is, hereby~ii~thCrlzed to execute the Bond Purchase Agreement in the form so approved, with such additions thereto and changes therein as are necessary to conform the Bond Purchase Agreement to the dates, amounts, interest rates and other terms applicable to the Authority Bonds as of the sale date. Approval of such additions and changes shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement; provided, however, that the Bond Purchase Agreement shall be signed only if the Underwriter's fee does not exceed 2.75% of the principal amount of the Authority Bonds. Section 9. Continuing Disclosure Agreement. The form of the Continuing Disclosure Agreement (the "Continuing Disclosure Agreement ") to be entered into among the Authority, the County on behalf of each District and U.S. Bank National Association, as initial dissemination agent presented on July 15, 2003, is hereby approved and each of the Officers of the County, and each of th~m acting alone is, hereby authorized and directed to execute a Continuing Disclosure Agreement in the form hereby approved, with such additions therein and changes thereto as the officer or officers executing the same deem necessary to cure any defect or ambiguity therein or to bring the agreement into compliance with Rule 15c2-12 of the Securities and Exchange Commission, with such approval to be conclusively evidenced by the execution and delivery of such agreement. Section 10. Preliminary Official Statement. The form of the Preliminary Official Statement (the "Preliminary Official Statement") presented on July 15, 2003 is hereby approved and the Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the Authority Bonds in the form hereby approved, together with such additions thereto mud changes therein as are determined necessary by the Executive Director of the Authority, or his designee (the "Executive Director"), to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Secur/ties and Exchange Commission, including, but not limited to, such additions and changes as are necessary to make the information therein on the owners of the property in the Districts and all other matters accurate and not misleading. The Chairman of the Board of Supervisors or Officer of the County is hereby author/zed to execute a final Official Statement in the form of the Preliminary Official Statement, together with such permitted changes as are determined necessary by the Executive Director, to make such Official Statement complete and accurate as of its date. The Underwriter is further authorized to distribute the final Official Statement for the Bonds and any supplement thereto to the purchasers thereof upon its execution on behalf of the County and the Authority as described above. Section 11. Infrastructure Funding and Reimbursement Agreement. The form of the Infrastructure Funding and Reimbursement Agreement (Deer Hollow Way) (the "Deer Hollow Agreement") made and entered into by and among the County, on behalf of Assessment District No. 159 (Rancho Villages) of the County and the Supplemental District, the City of Temecula, Centex Homes, a Nevada general partnership, and Redhawk Communities, Inc., a California corporation, as of July 1, 2003, is hereby approved and each of the Officers of the County, and each of them acting alone is, heret~y authorized and directed to execute the Deer Hollow Agreement in the form hereby approved, with such additions therein and changes thereto as the officer or officers executing the same deem necessary to cure any defect or ambiguity' therein, with such approval to be conclusively evidenced by the execution and delivery of such agreement. Section 12. Assessment Payoff Agreement. The form of the Assessment Payoff Agreement (the "Assessment Payoff Agreement ") made and entered into among the County, on behalf of the Supplemental District, and Wolf Creek Development, LLC, a California Limited liability company, and S-P Murdy, LLC, a California limited liability company, property owners owning land within the Supplemental District, as of July 15, 2003, is hereby approved and each of the Officers of the County, and each of them acting alone is, hereby authorized and directed to execute the Assessment Payoff Agreement in the form hereby approved, with such additions therein and changes thereto as the officer or officers executing the same deem necessary to cure any defect or ambiguity therein, such approval to be conclusively evidenced by the execution and delivery of such agreement. Section 13. Delegation of Authority. The Officers of the County are, and each of them hereby is, authorized and directed to do any and all things, and to execute and deliver any and all documents which said Officers may deem necessary or advisable in order to consummate the issuance of the Bonds and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, the Bonds, the Fiscal Agent Agreement, the Local Obligation Purchase Contract, the Bond Purchase Agreement, the Continuing Disclosure Agreement and the Preliminary Official Statement. Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED on this 15~h day of July, 2003. Roll Call: Ayes: Noes: Absent: Buster, Venable and Wilson None Tavaglione and Ashley ATTEST: NANCY ROMERO, CLERK TO THE BOARD OF SUPERVISORS · COUNTY OF RIVERSIDE Vice~ AD 1595 - Reso 2003-__ - Set C lssufince 7/15/03 3.4 EXHIBIT 'A' A.D. 159-SUPPLEMENTAL BOND SERIES C Assessor's Parcel Number Assessment Confirmed Number Assessment Un'paid Balance 961-020-001-7 961-020-003-9 962-010-003-5 962-010-004-6 962-020-001-4 ........ 962-020-002-5 962-020-008-1 962-020-003-6 962-030-002-6 962-020-007-0 962-020-006-9 962-020-005-8 962~190-007-6 962-040-004-9 962-040-0135-0 962-040-006-1 011-021 011-023 012-003 012-004 012-267 012~268 012-269 012-270 012-277 012-278 012-279 012-280 012-621 013-010 013-011 013-012 $1,483,923.50 $791,977.37 $2,114,823.95 $685,575.31 $830,873.61 $1,687,757.92 $440,001.25 $894,453.23 $209,916.18 $341,019.31 $486,963.53 $231,921.74 $77,475.72 $240,591.98 $394,484.30 $148,833.99 $1,483,923.50 $791,977.37 $2,114,823.95 $685,575.31 $0.00 .$82,721..13 $440 001.25 $184 753.39 $209 916.18 $341 019.31 $486 963.53 $231 921.74 $77,475.72 $240,591.98 $394,484.30 $148,833.99 $11,060,592.95 $7,914,982.65 * A credit facility has been posted for these parcels therefore, bonds will not be issued against the unpaid balance. Form 11 AD No. 159 Supplemental Series C Page 2 There is presently a need to issue an additional series of bonds (the "Series C Bonds") to construct the three remaining projects within the Supplemental Assessment District, Deerhollow Way, the Wolf Valley Creek Channel and additional improvements to State Route 79 South. The County's intent is to issue this additional bond series was noticed in October of 2002. The aggregate principal assessment was $8,376,604.18, but two of the principal Property Owners (the Temecula Valley Unified School District and S-P Murdy/Wolf Creek Development) have elected to pay off their assessment prior to the bonds being issued, which has resulted in the bond sizing of the Series C Bonds being reduced to an amount less than $3,000,000. In June of this year, the Board took action to release all unused bonds authorization for the Supplemental Assessment District other than that needed for the Series C Bonds and the Buttedield Interceptor Channel (approximately $2,050,000). Approval of the attached resolution provides for the determination of the amount of unpaid assessments, and provides for the issuance of the Series (3 Bonds secured by the original assessment of the Supplemental Assessment Distdct and their sale to the County's Public Financing Authority, the appointment of a Fiscal Agent and the approval of the related documents re¢ uired to effectuate the sale. FORM 11 (Rev. 8/96) ITEM 16 CiTY OF TEMECULA AGENDA REPORT APPROVAL C TYATTORNEY DIRECTOR OF FINAN ,NCE_~[.~_. CITY MANAGER ~ TO: FROM: DATE: City Manager/City Council ~,William G. Hughes, Director of Public Works/City Engineer September 16, 2003 SUBJECT: Completion and Acceptance of Construction Contract for the FY2002- 2003 Slurry Seal Program, Project No. PW03-02 PREPARED BY: /"'~Greg Butler P.E., Principal Engineer ~ Eric Weck, Assistant Engineer RECOMMENDATION: That the City Council: Accept the project, FY2002-2003 Slurry Seal Program, Project No. PW03-02, as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On May 13, 2003 the City Council awarded the construction contract to Sudhakar Company International, Inc. in the amount of $276,108.55 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. This project entailed street sweeping, cleaning and sealing cracks in the pavement and then applying a rubberized asphalt slurry over approximately 2,570,095 sq ft of the City's streets. The contractor has completed the work in accordance with the approved plans and specifications and within the allotted time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project is a Capital Improvement Project and is funded with Public Works Routine Street Maintenance Funds, account 001-164-601-5402. The total cost of the project was $276,108.55. ATTACHMENT: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release 1 R:~AGENDA REPORTS~2003\091603\PW03~O2NoticeofCompletion.doc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Bu$]ness Park D~ve Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Sudhakar Company International, 1450 N. Fitzgerald Ave., Rialto, CA 92376to perform the following work of improvement: SLURRY SEAL PROJECT FISCAL YEAR 2002-2003 Project No. PW03-02 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 16, 2003. That upon said contract the Greenwich Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Slurry Seal Proiect Fiscal Year 2002-2003 Project No. PW03-02 6. The location of said property is: Various City Streets, Temecula, California Dated at Temecula, California, this 16m day of September, 2003 City of Temecula STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 16t~ day of September, 2003. City of Temecula Susan W. Jones CMC, City Clerk CITY OF TEMECUI.A, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW03,02 SLURRY SEAL PROJECT- FY2002/2003 KNOW ALL PERSONS BY THESE PRESENT THAT: Suah=¥=~' ~=, TriCo 1~50 N. F~l~gerald Avenue~ !B*l-lr. oi, C& 92376 NAME AND ADORES3 CONTRACTOR'S a ,.Con,o~at[o. , , hereinaftel, calle~l Principal, ancl NAME AND ADDRESS OF SURETY hereinafter callas SURETY. are held and firmly bound unto CITY OF TEMECUUL hereinafter Called OWNER, in the penal sum ...d ;e. - DOLLARS and ~e/zoot~ CENTS ($ .~ in lawful morley of the United States. said sum being riot less Umn tan (10%) of the Conmact value payable I~y me saicl city of Temecula urger the terms of the Contract. fer the paymem of wtdch, we blna oumelves, successors, and assigns, i nay severally, firmly by presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the principal enterecl into a certain Contract with the OWNER, dated the. 1~ day of ~ ,2003, a copy of which is hereto attached and made a part hereof for the cons~n~fion of PROJECT NO. PW03-- 02, SLURRY SEAL PROJECT - FY2002/2002. WHEREAS, said Contract provides that the Principal w~ll furnish a bond conditioned to guarantee for the period of 0qe (1) year after approval of tlle t~nal eetimate on said job, by Itle OWNER, against all defects in wodmlanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on September 16, ,, NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION IS SUCH. that If within one year from the date of approval of the final estimate on said jol~ pursuant to the Con~rac~, the work done under the terms of said Contract shall disclose poor werkmanship in the execution of said work, and the Canying out of the tern of said Contract, or it shale appeal, mat defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be voicL As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expanses ami fees shall be incl~ided, includhlg reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to I~e taxed as costs and included in any judgmerlt renclel.ed. The Surety hereby sfil~lates a~d agrees that no cfiange, extension of ~ne, alteration, o~ addition t~ the temls of Itm Contract. o~ to ~e work to be peffomled thereunder, or to tile specifications accompanying l~e same, shall in any way affect its obligations on ~is Ix)nd, and ~t (toes I~reby waive notice of any such c~an§e, extension of time, alteration, or addition t~ the temls of the Contract, of m l~e work, or to ~ne Specifications. S~ed and sealed t~is ., 1~ clay of (Sea~) (Name) (T~tie) APPROVED AS TO FORM: Peter M. Thorso~, C~[y Ar~mey PRINCIPAl- su,e~r cea~y, [ac. (T~le) By: (Name) Cl'Jlle) CORPORATE ACKNOWLEDGEMENT State of ~ County of ~.~ J~/~.~-~ ~'~ .,o me known, who, being duly sworn, did depgs,e and say~,that he/she resides in _.~_ ~'Y~~J ,and that he/she is the L/~_.~ ,~~the~~~ ~/~_~.)/_ .)~'j the corporation described in and which executed the above instrument; that he/she knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his name thereto by like order./rh Notary Public My commission e~~ ACKNOWLEDGMENT BY SURETY STATE OF NeW O'ezse¥ County of Middlesex ~ SS On this x3 day of appeared Jeannette Porxtni May ~reenwich Insurance Company ,2003 , before me personally , known {o mc to be the Attorney-in-Fact of , thc corporation that executed the within insm~nent, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affLxed my official seal, at my office in the aforesaid County, the day and year in this certificate FL-st above written. NoUry Public in the State of New ~ ~V (Seal) County of M:tddlesex Commts : ~. : / ~6 'vVC-230/EP 8/90 PRINTED IN U.S.A. No. G- 257- 241 GREENWICH INSURANCE COMPANY POWER OF ATTORNEY ~on~.~ ~J. ~e~ h~ t~e~e ~ce~s: that GREENWICH INSURANCE COMPANY, a Delaware corporation (the 'Corporation'), with offices at 70 Seaview Avenue, Stamford. necticat, 06902, hes made, coestitated and appointed, and by tbeee pmeents, d~s make, ceantitute and appoint Jeannette Porrlnl, Sara Glogower, Dawn M. Godfrey its true and law,at Attorney(s)-in-tac{, at ........ Florham Park ..... in the State of..New. Jersey .............. and each of them to be, ye tull bowar th est without the other or others, to make, execute and deliver on its behalf, as surety or co-surety; bonds and undertakings given for any and all purposes, also to execute and dativer on its behalf as aforesaid ronewats, extensions, agreements, waivom, consents or stipulations rotating to such bcods or undedekinge provided, however, that no single bend or under,tacO $o made, executed and delivered shall obflgata the Corporation m tbercot in excess of tho sum gl Five .......................................................... Datlem ($ ............. 5r~O~'.O~O. ....... ). purposes, when duty executed by said attarney(s)-in-tact, shall be binding upon the Corporation as fully and th the same extent as if signed by the Presibent nt f its Corporate Secretary. r of ceriain rosatutions adopted by the Board gl Direetom of the Corporation at a meeting duty sailed and held on the 20th day of December, 2002, a copy of facsimile under and by authority at the following resolution adopted by the Board of Directors gl the Corporation by Unanimous Written Consent on bee not since been revoked, amended or repealed: ~ cedain resolutions adopted by the Board of Directors gl the Corporation at a meeting duly celled and held on Mam~ 11, tractors and othsem and the se. at gl the Corporation may be affixed to any such power of attorney or any seHifisata relating thereto by facsimile, and any such power of attorney or cethlisete bearing such facsimile signature or seal shall be valid and binding upoo the Corporation in the tatum with ree!xmt to any bond or undedakino to which it is attached. This Power of Agorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said abornoy(s)-in-fact is authorized to act). June 30 04 . 26 ~ June LN, t~TNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate ssel to be hereunto affixed and attested th~s ............ day o .......................... z~ ....... at Stamford, CconecticuL (Corporate Seal) GREENWICH INSURANCE COMPANY .................... 200~, .... before me persermatiy came ................... ~'~ ~ ~ .~'. ~9~dY .......................................... ................ to me krmw~, who being by me duiy sworn, did depose and say that (s)be resides in that (s)he is a ................. Vice.President ............ of GREENWICH INSURANCE COMPANY, qe above instrument; that (s)be beowe the seat of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so ~theed {s)he signed his (her) name thereto by like order. CERTIFICATE ' 'J MY Commlsslbfi Expires 12/31/04 STATE OF CONNECTICUT ss: Greenwich COUNTY OF FAIRFIELD Karen M. Manente tho ' ..... ~.~i~tPPt ~P~'P~arY ...... ot GREENWICH'IN~uRANcE COMPANY, Delaware cercoration (the 'Corcoration"), hereby cerhty: 1. That tho original power ct atthrsey of which the foregoing is a copy was duty executes co behalf of the Corcora~co and has ant'sihc~ I~eeo r~o~eo: amended or modgico; that the undorslgne~i has compared the foregoing copy thereof with the orlg~sa[ bower of ahoma.,, eno [hat the same is a t[ce and correct copy of the origisal DOwer of affomey and of the whole thereof: ~vhich ?ere adopted by the Board of Diresthre of the CorporaUon by uoani~s w~t[en ceh.~n~ Oh ~mt~: 20. 2002, and said re~olutions ~ave not since been revoked ; named bethw is authorized ~ ma~e,, execom~ sea and dehver for and co behalf of the CoTp~tlco any ,~d.~R, .~o~s/ubqe~kthOs Of 0bg0ahon~ Sheila M Kelly Mary A. Rodd~' / Sumya)~.,Kleffef Lynn M. Petilg ,' ', ' ,Sbe~roa L. Sims ~thorized toappolotaU'Orneys-in-fadtthr thepufposeofmaki~ accepting se~ll~ga~ dativeringhcods, under~Idogsor N WITNESS WHEREOF t~vehemuntoset~nandahd'a~x~em~orate~althts ......... / '.'.~.:..'..- ~ybf ............... '. ......... 20~ ....... Karen-M..Manente GREENWICH INSURANCE COMPANY STATUTORY STATEMENT OF ADMrrTED ASSETS, LIABILITIES, CAPITAL AND SURPLUS December 31, 2002 Assets: Bonds Stocks Cash and short-term investments Total Invested Assets 157,740,107 81,488 71,721,350 229,542,945 Liabilities: Loss & loss adjustment ex~)enses Claims payable Unearned premiums Funds held by company under reinsurance treaties . Other liabilities Total Liabilities 49,950,287 10,819,211 10,785,071 446,808,027 68,029,235 286,39t,83t Agents balances Funds held by or deposited with reinsured companies Accrued interest and dividends Other admitted assets Total Admitted Assets 24,598,951 36,291,191 1,6~9,482 52,457,170 344,529,739 Capital and Surplus: Common capital stock Gross paid in and conldbuted surplus Unassigned surplus Total Capital and Surplus Total Liabilities, Capital and Surplus 3,558,100 68,915,853 (14,336,045) 58,137,908, 344,529,739 I, Paul Terreri, Vice President and Assistant Controller of Greenwich Insurance Company, (the "Corporation") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and t~ue Statutory Statement of Admitted Assets, Liabilities, Capital and Surplus of the Corporation, as of December 31, 2002, prepared in conformity with accounting practices prescribed or permitted by the Insurance Department of the State of Delaware. The foregoing statement should not be taken as a complete Statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principle office located at Seaview House, 70 Seavlew Avenue, Stamford, CT 06902-6040 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of.the..eo~'~on at Stamford, ConnectJeu17 ~.e"Presid nt an~ Assistant Cdntroller RmER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THF~ COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM.IS CHARGED ANNUALLY. SIGNED AND SURETY: Signature: ~-~ iEA.LED this / ~ day of :orney-in Fact I I I i i I ! i i CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW03-02 SLURRY SEAL PROJECT - FY2002/2003 This is to certify that~~~_, '(hereinafter the "CONTRACTOR") declares to the City of Terdecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by apy of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW03-02, SLURRY SEAL PROJECT - FY2002/2003, situated in the City of Temecula, State of'California, more particularly described as follows: ...... INSERT ADDRESS O-R DE'SCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and' employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR S gnature P~ir{t Name and Title RELEASE R-I R.~CIP~ROJ ECTS~PW03~PW034)2 Slu.y SeaE0302specs.doc ITEM 17 TO: FROM: DATE: SUBJECrr: CITY OF TEMECULA AGENDA REPORT City ManageflCity Council APPROVAL CITY ATTORNEY ~,Z~,~ II DIRECTOR OF FINANCE_~'~ CITY MANAGER William G. Hughes, Director of Public Works/City Engineer September 16, 2003 Award of Construction Contract for the Battery Back-Up System for Traffic Signals Utilizing LED Modules - Citywide, Project No. PW03-04 PREPARED BY: Ali Moghadam, Principal Engineer RECOMMENDATION: That the City Council: Award a construction contract for the Battery Back-Up System for Traffic Signals Utilizing LED Modules - Citywide to TDS Engineering in the amount of $139,786.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,989.30, which is equal to 5% of the contract amount. 3. Approve an increase of Grant Revenue in the amount of $82,776.00. Approve an appropriation of $82,776.00 to the Traffic Improvement Budget from Grant Revenue. BACKGROUND: On April 22, 2003 the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The project will consist of the furnishing and installation of a 24-volt battery back-up system and enclosures at thirty-seven (37) LED signalized intersections. These emergency battery back-up systems will allow the City's busiest intersections to operate in a fully functional mode during a blackout or other disruption of electrical service. Due to time constraints, Caltrans signals were not included in this contract. The City received a matching grant from the California Energy Commission (CEC) for battery back- up systems (BBS) for intersections with light emitting diode (LED) traffic signals. This matching grant will reimburse the City for up to 70% of the total BBS cost, based on specific evaluation criteria required by the CEC, for each intersection. Each intersection has been rated according to its pdodty, the number of LED lights within the intersection and whether the signal will function at "red flash only" or "fully operational" mode. Based on this evaluation and relative adjustment factors the maximum reimbursement per intersection is $2,64~..60. Overall, the matching grant will provide a reimbursement to the City of $82,775.98. I R:~AGENDA REPORTS~O03\091603~PWO3~4.awd. DOC Seven (7) bids were received and publicly opened on September 4, 2003. The results of the bid opening are as follows: 1. TDS Engineering $139,786.00 2. HMS Construction $147,112.00 3. AEC Construction $157,250.00 4. Steiny & Company, Inc. $164,187.50 5. Macadee Electric Construction $164,650.00 6. R & M Electrical Contracting $167,610.00 7. Pete & Sons Construction $198,505.00 Staff has reviewed the bid proposals and found TDS Engineering of Westlake Village, California to be the lowest responsible bidder for this project. Staff has contacted references and determined that TDS Engineering has satisfactorily performed similar type of work in the other cities. The specifications allow fifteen (15) working days for completion of this project. Work is expected to begin in October and be completed by November 2003. A copy of the bid summary is available for review in the City Engineer's office. The Engineering estimate was $150,000.00 FISCAL IMPACT: Approval of an increase in Grant Revenue, and an additional appropriation of $82,776.00 is necessary to fully fund this contract prior to reimbursement. Existing appropriations are available in the Public Works Traffic Division, Traffic Improvement account budget to fund the balance of the contract and matching obligation. The total project cost is $146,775.30, which includes the contract amount of $139,786.00 plus 5% contingency amount of $6,989.30. ATTACHMENTS: Battery Back-Up Installation List Contract 2 R:~AGENDA REPORTS~2003\091603~PW(~3-O4.awd. DOC PROJECT NO. PW03-04 INSTALLATION OF BATTERY BACK-UP SYSTEM FOR TRAFFIC SIGNALS UTITLIZING LIGHT EMITTING DIODE (LED) MODULES 1. Ynez Road at Overland Drive 2. Ynez Road at Solana Way 3. Margarita Road at Solana Way 4. Rancho California Road at Margarita Road 5. Ynez Road at Palm Plaza North 6. Ynez Road at Motor Car Parkway 7. Ynez Road at Palm Plaza South 8. Margarita Road at Overland Drive 9. Margarita Road at Verdes Lane 10. Margarita Road at Stonewood Road 11. Margarita Road at Moraga Road 12. Margarita Road at La Serena Way 13. Ynez Road at Tower Plaza North 15. Margarita Road at Rancho Vista Road 16. Margarita Road at Pauba Road 17. Winchester Road at Jefferson Avenue 18. Margarita Road at North General Kearny Road 19. Margarita Road at Avenida Barca 20. Jefferson Avenue at Overland Drive 21. Winchester Road at Enterprise Circle 22. Old Town Front Street at State Route 79 South/Western Bypass 23. Pechanga Parkway at Rainbow Canyon Road 24. Pechanga Parkway at Wolf Valley Road/Via Eduardo 25. Margarita Road at Rustic Glen Drive 26. Overland Drive at Promenade Way 27. Jefferson Avenue at Via Montezuma 28. Rancho Vista Road at Mira Loma Drive 29. Margarita Road at Plo Pico Road 30. Pechanga Parkway at Loma Linda Road 31. Margarita Road at Dartolo Road 32. Margarita Road at De Portola Road 33. Winchester Road at Diaz Road 34. Pechanga Parkway at Pechanga Casino Driveway North 35. Pechanga Parkway at Pechanga Casino Driveway South 36. Jefferson Avenue at Del Rio Road 37. North General Kearny at Camino Campos Verdes CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW03o04 INSTALLATION OF BATTERY BACK-UP SYSTEM FOR TRAFFIC SIGNALS UTILIZING LIGHT EMITTING DIODE {LED) MODULES THIS CONTRACT, made and entered into the 16th day of September, 2003 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and TDS Engineering, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW03- 04, INSTALLATION OF BA'I-FERY BACK-UP SYSTEM FOR TRAFFIC SIGNALS, UTILIZING LIGHT EMITTING DIODE (LED) MODULES, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (latest Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW03-04, INSTALLATION OF BATTERY BACK-UP SYSTEM FOR TRAFFIC SIGNALS, UTILIZING LIGHT EMI'I-rING DIODE (LED) MODULES. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW03- 04, INSTALLATION OF BATTERY BACK-UP SYSTEM FOR TRAFFIC SIGNALS, UTILIZING LIGHT EMI'I-rING DIODE (LED) MODULES. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise CONTRACT CA-1 R:\CIP~PROJECTS~PW03~4\Conlract specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW03-04, INSTALLATION OF BATTERY BACK-UP SYSTEM FOR TRAFFIC SIGNALS UTILIZING LIGHT EMrI-FING DIODE (LED) MODULES All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED THIRTY NINE THOUSAND SEVEN HUNDRED EIGHTY SlX DOLLARS and NO CENTS ($139,786.00),'the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Fifteen (15) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds.and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNiT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be CONTRACT CA-2 R:~CIP\p RO J ECTS~W03~4\Con'Iract paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of ail claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the CONTRACT CA~3 R:\CIP~ROJECTS~°W03~4\SPECIFICATIONS 10. 11. 12. 13. 14. 15. 16. adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the previsions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims o r i terns i n connection with a S top Notice which h as been filed under the previsions of the laws of the State of California. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. CONTRACT CA~ R:\CIP~PROJECTS~PW03~4\SPECIFICATIONS 17. 18. 19. 20. 21. 22. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractodconsultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 R:\CIP~PROJECTS~PW03-04\SPECIFICATIONS IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR TDS Engineering 2899 Agoura Rd., #171 Westlake Village, CA 91361 (805) 371-4639 David R. Wuertz, President Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA APPROVED AS TO FORM: By: Jeffrey E. Stone, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-6 R:\CIP~°ROJECTS~PW03'04~SPECIFICATIONS ITEM 18 ORDINANCE NO. 03-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED DEVELOMENT OVERLAY (PDO-7), AND ADOPTING SECTIONS 17.22.180 THROUGH 17.22.188 OF THE MUNICIPAL CODE INCLUDING THE PDO TEXT AND DEVELOPMENT STANDARDS, FOR PROPERTY GENERALLY LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD, EAST OF MARGARITA ROAD AND WEST OF MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Karen Raftery, Linfield Christian School, filed Planning Application No. PA02- 0612, a request for a Zone Change to amend the zoning designation from Public Institutional to Planned Development Overlay, and to adopt Sections 17.22.180 through 17.22.188 of the Municipal Code to include the PDO text and development standards for property generally located north of Pauba Road, south of Rancho Vista Road, east of Margarita Road and west of Meadows Parkway, known as Assessor's Parcel No. 955-002-002 ("Project"). B. The application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held duly noticed public hearings on May 21, 2003 to consider the application for the Project. D. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2003-032, recommending that the City Council approve Planning Application No. PA02-0612, a Zone Change to amend the land use designation from Public Institutional to Planned Development Overlay and to adopt Section 17.22.180 including the PDO text and development standards for property generally located north of Pauba Road, south of Rancho Vista Road, east of Margarita Road and west of Meadows Parkway, known as Assessor's Parcel No. 955-002-002 ("Project"). E. On August 26, 2003, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On August 26, 2003, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 03-107, which was prepared pursuant to CEQA Guidelines Section 15072. R:/Ords 2003/Ords 03-09 1 Section 2. findings: The City Council of the City of Temecula hereby makes the following A. The proposed zone change is consistent with the proposed land use designation for the General Plan. The PDO text as proposed and incorporated as attached Exhibit A are also consistent with the General Plan. Section 3. The City Council of the City of Temecula hereby approves Planning Application No. 02-0612, A Zone Change to amend the zoning designation from Public Institutional to Planned Development Overlay and adopt sections 17.22.180 through 17.22.188 of the Municipal Code to include the PDO text and development standards for property generally located north of Pauba Road, south of Rancho Vista Road, east of Margarita Road and west of Meadows Parkway, known as Assessor's Parcel No. 955-002-002 as shown on Exhibit A, attached hereto, and incorporated by reference and made a part hereof. Section 4. The City Clerk shall certify to the adoption of this Ordinance. R:/Ords 2003lOrds 03-09 2 PASSED, APPROVED AND ADOPTED this 16th day of September, 2003 A'FrEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the forgoing Ordinance No. 03-09 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of August, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 16t~ day of September, 2003 by the following roll cell vote: AYES: COUNClLMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNClLMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2003lOrds 03-09 3 EXHIBIT A PDO-7 Text R:/Ords 2003lOrds 03-09 4 LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.180 Title Sections 17.22.180 through 17.22.188 shall be known as "PDO-7" (Linfield Christian School Planned Development Overlay District). 17.22.181 Purpose and Intent The Linfield Christian School Planned Development Overlay District (PDO-7) is intended to create a unique mixed-use area within the city, blending educational, recreational, institutional and residential facilities in a comprehensive master plan that builds upon the existing campus development. PDO-7 allows for the introduction of compatible housing opportunities within the conventional zoning district and serves to implement the objectives of the Land Use and Housing Elements of the General Plan. Supplemental development standards have been provided to recognize the transition between the existing campus facilities and the new development areas, to promote compatibility with the surrounding land uses, and to insure the long term design quality of the Linfield Christian School PDO District. 17.22,184 Relationship with the Development Code and Citywide Design Guidelines The List of permitted, conditionally permitted, and prohibited uses for the Linfield Christian School Planned Development Overlay District is contained in Table 17.22.186.B. Except as modified by the provisions of Section 17.22.188, the following rules and regulations shall apply to all planning applications in this area. 1. Where this PDO is silent, the development standards of the Public Institutional (PI) district in the Development Code shall apply (Section 17.12). The development standards in the Development Code that would apply to the Medium Density Residential District, and are in effect at the time an application is deemed complete, for any proposed residential housing to be located in Planning Area 2 of PDO-7. The maximum number of residences to be developed in Planning Area 2 is 26. 3. The Master Plan and Design Guidelines approved as a part of the Linfield Christian School Master Plan shall apply to all components of this PDO. 17.22.186 Use Regul~ions The list of permitted land uses for the Linfield Christian School Planned Development Overlay District is contained in Table 17.22.186.B. PDO-7 contains three different Planning Areas as shown in Exhibit 17.22.186.A. The three Planning Areas are identified as follows: Planning Area 1: Educational/Institutional: identified as (El) in Table 17.22.186.B. Planning Area 1 is further separated into two sub-areas: Planning Area lA is the main Linfield Christian School Campus, and Planning Area lB is the existing Elementary School Campus. R:/Ords 2003/Ords 03-09 5 · Planning Area 2: Educational/Residential: identified as (ER) in Table 17.22.186.B; and, · Planning Area 3: Public/Institutional: identified as (PI) in Table 17.22.186.B. Where indicated with the letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted, subject to the approval of a conditional use permit. Where indicated with a "-", the use is prohibited within the Planning Area. Description of Use A Art Gallery Area lA &lB (El) P Area 2 (ER) P C Area 3 (PI) P C Auditorium P B Reserved C Christmas tree lots P P P C C C C P P C C Churches, Temples, religious institutions Colleges and Universities Communications and microwave installations (1) Community Health Clinics C P C C Community Center Conference Center Congregate care housing Congregate living health facility Construction trailer (temporary) Convalescent homes C P P C C C C P P P C P P D Day care center P P P Day care health center P P E Reserved F P P P Food services (for campus and special events) G Garages, public parking Golf courses Golf college or sports training facility C C C C P P R:/Ords 2003/Ords 03-09 6 Government offices Government services Group home H Helipad or heliport Hospital Reserved J Reserved K Reserved L Library M Maintenance facility (accessory to primary use only) Modular classrooms (used as interim classroom space) Museum N Reserved O Reserved P Parks and recreation areas Performing arts, theaters and places of public assembly Police/sheriff station Post office Public utilities P P C C P P P C P P P P P P C P C P P P C C P P P P P C C P C Q Reserved R P P Radio and broadcasting studios Recording studios Religious facilities Residential - single family detached, school superintendent or dean's home, caretaker home, school use onl~ C P C P multiple family housing for school C P P Residential-senior housing P P C C R:/Ords 2003lOrds 03-09 7 Residential- student dorms C C C S Schools, public (elementary, jr. high, high school) P P P Schools, private P C C Skilled nursing facility C C C Sports and recreation facilities P P P T Trade or vocational schools C C C U Utility offices and service yards C C C V Reserved W Reserved X Reserved Y Reserved Z Reserved NOTES: ('1) Subject to Section 17.40 of the Temecula Municipal Code. Le~lend: P=- Permitted by right in the district C=- Permitted by Conditional Use Permit in the district - = Use is prohibited in the district (El) [] Educational/Institutional: Planning Areas lA and I B (ER) [] Educational/Residential: Planning Area 2 (Pi) [] Public/Institutionah Planning Area 3 R:/Ords 2003lOrds 03-09 8 LINFIELD CHRISTIAN SCHOOL PLANNING AREA MAP Rancho Vista Road PLANNING AREA IA Pauba Road PLANNING AREA lB Green Tree LEGEND: Planning Area lA Planning Area lB Planning Area 2 Planning Area 3 56.89 acres 4.78 acres 9.81 acres 22.29 acres Educational/Institutional (El) Educational/Institutional (El) Educational/Residential (ER) Public/Institutional (PI) EXHIBIT 17.22.186.A R:/Ords 2003lOrds 03-09 9 17.22.188 Supplemental Development Standards Permitted and conditionally permitted uses within PDO-7 shall comply with the development standards of the underlying Public/Institutional zoning district except as modified or augmented by the standards contained in this section. A. General All new development occurring within Planning Areas lA and lB shall be in substantial conformance with the Linfield Christian School Master Plan, provided that modifications of up to 20% of the estimated square footage of the individual or combined structures may be approved by the Planning Director. Minor modifications to the site location or number of new facilities may also be approved by the Planning Director. Major modifications to the overall scale, intensity or intended land uses within the Planning Areas shall be referred to the Planning Commission for approval. All new development deemed to be in compliance with the Linfield Master Plan and Design Guidelines shall be subject to the Administrative Review process, pursuant to Section 17.05.020 of the Temecula Development Code. Development proposals for faculty housing units within Planning Area 2 of PDO-7 shall be subject to the development standards of the Medium Density Residential (M) zoning district, and will require review and approval of a Development Plan by the Planning Commission. The maximum number of residences to be developed in Planning Area 2 is 26. B. Setbacks 1. Landscape setbacks along the Pauba Road and Rancho Vista Road street frontages shall be an average of twenty (20) feet, except for Planning Area lB which shall be a minimum of five (5) feet, due to the presence of the existing Elementary School parking lot. The overall average front setback along either roadway shall be no les than 20 feet. 2. Sidewalks, pedestrian paths, paving, driveways and wrought iron or chain link fencing are permitted to be located within the landscaped setback area. C. Building Height Structures within Planning Area 1 shall not exceed two stories, or forty-five (45) feet in height. Architectural projections such as mansards, towers and other design elements shall be permitted to extend an additional ten (10) feet above the height of the building. Structures designed as split-level in order to accommodate the existing site grades are permitted up to a height of sixty (60) feet as measured from the lowest grade. Any structures over forty five (45) feet in height shall be located a minimum of 100 feet from the nearest property line, and a minimum of 250 feet from the property line of any single-family residential structure. R:/Ords 2003lOrds 03-09 10 2. Single family residential and multi-family residential structures shall not exceed two stories, or a maximum of thirty (30) feet in height. D. Parking Parking requirements for assembly facilities within Planning Area 1 shall be considered as shared parking in conjunction with the standard spaces required under the Development Code for school parking. This determination applies to those assembly or special event facilities primarily used by the student population and faculty during the school day, or those facilities conducting events after school or in the evening hours when regular school parking is available. In order to provide sufficient onsite parking in the case of a special event on campus, and to prevent potential overflow parking on surrounding public streets, temporary, special event parking may be provided on designated outdoor play courts in Planning Area 1. Such temporary parking areas shall be clearly identified, and cease operation at the conclusion of the special event. E. Landscaping and Fencing 1. Landscaping within parking lot areas shall be consistent with Section 17.24.050.H of the Temecula Development Code, with the following exceptions: Landscaped planters shall not be required within the interior of parking lots except for at the ends of each row of parking spaces, due to the need to insure clear visibility in parking areas for campus security purposes. Required trees within the parking lot area shall be limited to the islands at the end of the parking rows, and within the landscaped areas at the perimeter of the parking lot. Trees shall be minimum fifteen-gallon containers, and may be spaced in a liner fashion around the perimeter or clustered. Trees shall be provided at a ratio of 1 tree for every 4 required parking spaces. Due to the extensive amount of existing mature trees within the District, and the internal nature of the parking lots within the landscaped setting, existing trees immediately adjacent to parking lots shall be included in the required count of parking lot trees. c. Parking lot landscaping standards shall only apply to new or substantially redeveloped parking lot areas within the District. Fencing for school facilities and outdoor recreation areas shall be exempt from the fence height requirements of Section 17.12.050 of the Public/Institutional District of the Temecula Development Code. Acceptable fencing materials include finished wrought iron or tubular steel, chain link, vinyl and decorative masonry. R:/Ords 2003lOrds 03q~9 11 ITEM 19 ORDINANCE NO. 03-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF TEMECULA TO INCLUDE 'r~NO OUT-PARCELS WITHIN THE HARVESTON SPECIFIC PLAN THE CITY COUNCIL Of THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council hereby amends the Official Zoning Map for the City of Temecula for parcels identified with Assessor's Parcel Numbers 910-120-003 and 910-120-007, by changing the zoning designation from Low Medium Density Residential (LM) to Specific Plan (SP-13). Section 2. The City Council has reviewed the information provided in the staff report and hereby makes a determination the inclusion of these two out-parcels into the Harveston Specific Plan does not increase the impacts that were assessed or the mitigation measures that were established with the previously Certified Final Environmental Impact Report and Mitigation Monitoring Program. As a result, the City Council hereby makes a finding of consistency with the previously Certified Final Environmental Impact Report (EIR). Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this 16th day of September, 2003 A'I-rEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Ords 2003lOrds 03-10 1 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 03-10 was du!~/introduced and placed upon its first reading at a regular meeting of the City Council on the 26"' day of August, 2003, and that, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 16th day of September, 2003, by the following roll call: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2003lOrds 03-10 2 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 26, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 9:15 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 4 DIRECTORS: Naggar, Pratt, Stone, Roberts, and Comerchero ABSENT: 1 DIRECTORS: Roberts Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of August 12, 2003. MOTION: Director Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Naggar and voice vote reflected approval with the exception of Director Roberts who was absent, DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS A. Commending Community Services Director Parker and staff on the Moonlight Movies in the Park Program, Director Naggar commented on the excellent services provided by the vendor of choice; appreciated the assistance of Administrative Secretary Zigler; and relayed his desire to provide this service again next summer. Minutes.csd\082603 1 ADJOURNMENT At 9:17 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 16, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\082603 2 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 26, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:17 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Pratt, Stone, and Naggar ABSENT: I AGENCY MEMBER: Roberts In Chairman Roberts' absence, Vice Chairman Naggar presided over the meeting. Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 12, 2003. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Stone and voice vote reflected approval with the exception of Agency Member Roberts who was absent. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:'uMinutes.rda\082603 1 ADJOURNMENT At 9:17 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 16, 2003 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Ron Roberts, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:'Wlin utes.rda\082603 2 ITEM 20 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL ClTYATTORNEY DIRECTOROFFINANCE~ CITY MANAGER ~' ' ~City Manager/City Council /~illiam G. Hughes, Director of Public Works/City Engineer September 16, 2003 Consideration of Adoption of Resolutions of Necessity for the Acquisition in Eminent Domain of Certain Real Properties for Public Purposes PREPARED BY: Ronald Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council: Separately consider each of the following twelve (12) Resolutions, which are Resolutions of Necessity of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Winchester Road Widening Project: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (27410 JEFFERSON AVENUE) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (26419 YNEZ ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41125 WINCHESTER ROAD) I R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41005 WINCHESTER ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40975 WINCHESTER ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40971 WINCHESTER ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40967 WINCHESTER ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40963 WINCHESTER ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40949 WINCHESTER ROAD) 2 R:/Agenda Repoff~s/2003\0916\Eminent Domain Winchester Rd RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40945 WINCHESTER ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40941 WINCHESTER ROAD) RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT O F WINCHESTER ROAD (40915 AND 40917 WINCHESTER ROAD) 2. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination. 3. If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution Nos. 03- ; 03- .; 03- ; 03- ; 03-.__; 03- ~; 03- .; 03- ; 03- ; 03- .; 03- ; and 03- (each of which requires a 4/5ths vote of the entire Council) and authorize the City Attorney's office to file an eminent domain proceeding to acquire the following real property interests: portions of 27410 Jefferson Avenue and of Vacant Lot (Assessor's Parcel Numbers 910- 310-013 & -011 ) for permanent easements, including permanent street easement and footing easement, and temporary construction easements; · portions of 26419 Ynez Road (Assessor's Parcel Number 910-300-013) for permanent street easement and temporary construction easement; · portions of 41125 Winchester Road (Assessor's Parcel Number 910-281-003) for permanent street easement and temporary construction easement; 3 R:/Agenda Repo[ts/2003\O916\Erninent Domain Winchester Rd · portions of 41005 Winchester Road (Assessor's Parcel Number 910-283-001 for permanent street easement and temporary construction easement; · portions of 40975 Winchester Road (Assessor's Parcel Number 910-284-001 for permanent street easement, utility easement, and temporary construction easement; · portions of 40971 Winchester Road (Assessor's Parcel Number 910-284-002 for permanent street easement, utility easement, and temporary construction easement; · portions of 40967 Winchester Road (Assessor's Parcel Number 910-284-003 for permanent street easement, utility easement, and temporary construction easement; · portions of 40963 Winchester Road (Assessor's Parcel Number 910-284-004 for permanent street easement, utility easement, and temporary construction easement; · portions of 40949 Winchester Road (Assessor's Parcel Number 910-284-006 for permanent street easement, utility easement, and temporary construction easement; · portions of 40945 Winchester Road (Assessor's Parcel Number 910-284-007) for permanent street easement, utility easement, and temporary construction easement; portions of 40941 Winchester Road (Assessor's Parcel Number 910-284-008) for permanent street easement, utility easement, and temporary construction easement; and portions of 40915 and 40917 Winchester Road (Assessor's Parcel Number 910-283- 005) for permanent street easement, utility easement, and temporary construction easement. These real property interests are referred to below collectively as "Subject Property Interests" and are described more particularly in the Exhibits attached to each Resolution of Necessity. Each Resolution also contains a drawing depicting the location of the real property interests in relation to the Winchester Road Widening Project. Said Resolutions together with their Exhibits are attached hereto and incorporated in this Report by this reference. 4. If the Resolutions of Necessity are approved, authorize the City Attorney's office and City staff to take all necessary steps to deposit with the Court the amount of probable compensation required by law for issuance of Orders for Possession. 5. Authorize the City Manager to execute all necessary documents. BACKGROUND AND SUMMARY: The City Council has before it twelve (12) proposed Resolutions of Necessity for the acquisition of permanent easements, utility easements, and temporary construction easements on certain real properties located on Winchester Road, Ynez Road, and Jefferson Avenue in the City of Temecula in connection with the Winchester Road Widening Project ("proposed Project"). The real property interests sought for the proposed Project are sought for a public use, namely for street widening and improvement purposes, and all purposes necessary and convenient thereto in connection with the proposed Project pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by California Government Code sections 37350, 37350.5, 37351,40401 and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. 4 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd The proposed Project would widen and improve Winchester Road easterly from the Jefferson Avenue to approximately 885 feet east of Ynez Road. The proposed Project would provide additional through lanes and turning lanes at the intersections of Winchester Road and Jefferson Avenue, Winchester Road and the Interstate 15 ("1-15") Freeway, Winchester Road and Ynez Road, and Winchester Road and Margarita Road. The proposed Project would also provide a right-turn lane to the northbound and southbound 1-15 Freeway to ease traffic congestion on Winchester Road. As shown more fully below, the proposed Project is consistent with the General Plan of the City of Temecula and is required for the public health and safety because it will maintain the current level of service at these intersections, alleviate anticipated unacceptable levels of traffic congestion, and maintain traffic circulation at the standard set forth in the City's Circulation Element. As shown more fully below, the real properties that are the subject of the Resolutions of Necessity are necessary for the proposed Project. The "Subject Property Interests" the City seeks to acquire for the proposed Project are described as follows: portions of 27410 Jefferson Avenue and of Vacant Lot (Assessor's Parcel Numbers 910- 310-013 & -011 ) for permanent easements, including permanent street easement and permanent footing easement, and temporary construction easements; · portions of 26419 Ynez Road (Assessor's Parcel Number 910-300-013) for permanent street easement and temporary construction easement; · portions of 41125 Winchester Road (Assessor's Parcel Number 910-281-003) for permanent street easement and temporary construction easement; · portions of 41005 Winchester Road (Assessor's Parcel Number 910-283-001) for permanent street easement and temporary construction easement; · portions of 40975 Winchester Road (Assessor's Parcel Number 910-284-001) for permanent street easement, utility easement, and temporary construction easement; · portions of 40971 Winchester Road (Assessor's Parcel Number 910-284-002) for permanent street easement, utility easement, and temporary construction easement; · portions of 40967 Winchester Road I Assessor's Parcel Number 910-284-003) for permanent street easement, utility easement, and temporary construction easement; · portions of 40963 Winchester Road (Assessor's Parcel Number 910-284-004) for permanent street easement, utility easement, and temporary construction easement; · portions of 40949 Winchester Road, Assessor's Parcel Number 910-284-006) for permanent street easement, utility easement, and temporary construction easement; · portions of 40945 Winchester Road (Assessor's Parcel Number 910-284-007) for permanent street easement, utility easement, and temporary construction easement; portions of 40941 Winchester Road (Assessor's Parcel Number 910-284-008) for permanent street easement, utility easement, and temporary construction easement; and portions of 40915 and 40917 Winchester Road (Assessor's Parcel Number 910-283- 005) for permanent street easement, utility easement, and temporary construction easement. 5 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd Legal descriptions of each of the real property interests the City seeks to acquire for the proposed Project are attached as Exhibits "A" to each Resolution of Necessity. Maps depicting the location of the real property interests the City seeks to acquire in relation to the proposed Project are attached to each of the above Resolutions of Necessity as Exhibits "B." Each Resolution and their respective Exhibits '%" and Exhibits "B" are incorporated in this Report by this reference. In order to adopt each Resolution of Necessity with respect to the Subject Property Interests, the City Council must find and determine with respect to each proposed acquisition that: A. The public interest and necessity require the proposed Project; The proposed Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; The Subject Property Interests described in each Resolution of Necessity are necessary for the proposed Project; and The City has made an offer as required by Government Code section 7267.2 to each of the owners of record of the real property it seeks to acquire. The amount of just compensation is not an issue before the City Council at this hearing. This hearing relates to issues A, B, C, and D above. After the August 12th City Council meeting, the City's Deputy Attorney met with Mr. Rosenstein who represents the property owners of the Medical Parks, which include the properties identified as Assessor's Parcel Numbers 910-284-001,002,003, 004, 006, 007, and 008. The City's Deputy Attorney and Mr. Rosenstein discussed the following three main areas of concern to these property owners: (1) temporary construction easements; (2) access during construction; (3) landscape buffer requirements. First, the City clarified that the temporary construction easement should have very little impact on these properties and should not affect parking spaces. The temporary construction easement area is wholly within the 25-foot transportation corridor. Second, with respect to the property owners' concerns regarding access during construction, the City's Deputy Attorney explained that the City will make every effort to minimize the impact of construction on these properties by making alternate routes available so that the businesses can remain open. Only the Medical Park II parcels (Assessor's Parcel Numbers 910-284-006, 007, and 008) have direct access from Winchester Road. The remaining Medical Park I parcels have access from adjacent properties. Finally, the City's Deputy Attorney explained to Mr. Rosenstein that the property owners did not have to be concerned about future landscape buffer requirements in the event of subsequent development on these properties because the first 25- feet of landscaping along these properties is already within an existing transportation corridor, and the permanent taking is within this 25-foot transportation corridor. Therefore, the City would not impose an additional landscaping easement on future development of these parcels. The City's Deputy Attorney also explained to Mr. Rosenstein that if the City Council adopts the proposed Resolutions of Necessity, this does not preclude the City from continuing its negotiations with the property owners and from hopefully reaching a settlement with the property owners. This is true with respect to negotiations with the owners of each of the Subject Property Interests. Mr. Rosenstein indicated that he would be forwarding his clients' counter- offer relative to the value of the property interests the City seeks to acquire. To date, no such counter-offer has been received by the City's Deputy Attorney. 6 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd DISCUSSION: Description of Proposed Project and Environmental Review Winchester Road is a state highway that provides regional access to and from the Hemet area, located to the northeast of Temecula, as well as local access to and from Interstate-15. Winchester Road is generally a four-lane Major Highway west of Jefferson Avenue and a six to eight-lane Urban Arterial east of Jefferson Avenue in the City of Temecula. Ultimately, it is expected that Winchester Road will be widened from its current two lanes (east of Margarita Road) to six lanes to Florida Avenue (State Highway 74) in the Hemet area. The proposed Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. As discussed in detail below, the proposed Project would provide additional through lanes and turning lanes at the intersections of Winchester Road and Jefferson Avenue, Winchester Road and the 1-15 Freeway, Winchester Road add Ynez Road, and Winchester Road and Margarita Road. The proposed Project would also provide a right-turn lane to the northbound and southbound 1-15 Freeway to ease traffic congestion on Winchester Road. As shown more fully below, the proposed Project is consistent with the General Plan of the City of Temecula and is required for the public health and safety because it will maintain the current level of service at these intersections, alleviate anticipated unacceptable levels of traffic congestion, and maintain traffic circulation at the standard set forth in the City's Circulation Element. As discussed more fully below, the proposed Project was a condition of approval of Specific Plan 13 ("Harveston Specific Plan") and related planning applications. The proposed Project was also a mitigation measure set forth in the Environmental Impact Report for the Harveston Specific Plan and related planning applications ("Final EIR") and in the Mitigation Monitoring Program. In approving City Council Resolution No. 01-72, which adopted Specific Plan 13 (Planning Application No. 99-0418) on Parcels totaling 550 acres located east of Interstate-15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit, (referred to hereafter as "Harveston Specific Plan"), the City Council found that Lennar Communities filed Planning Application Nos. PA 99-0419 (General Plan Amendment), PA 99- 0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), PA 99-0245 (Change of Zone), PA 99-0446 (Development Agreement), PA 00-0295 (Tentative Tract Map 29639), PA 01-0030 (Tentative ~ On August 14, 2001, the City Council approved Ordinance No. 01-08 (An Ordinance of the City Council of the City of Temecula Approving That Certain Agreement Entitled "Development Agreement By and between the City of Temecula and Lennar Communities and Winchester Hills I LLC" for the Harveston Specific Plan Area (Planning Application No. 99-0446)). In approving Ordinance No. 01-08, the City Council found that the Development Agreement and the Existing Project Approvals, as defined in the Development Agreement, implement the goals and policies of the City's General Plan and the Harveston Specific 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 the City. The City Council also found that the City has engaged in extensive studies and review of the potential impacts of the development project as well as the various benefits to the City resulting from this development project, and concluded that the development project is in the best interests of and is not detrimental to the health, safety, and general welfare of the City. As set forth in the Development Agreement, one the City's primary reasons for entering into this Agreement was to provide a means by which the improvements included in the proposed Project, and other road improvements, could be completed. However, the Development Agreement does not commit the City to the acquisition of the Subject Property Interests. The Development Agreement states at section 3.1.3.5 that if "the Owner or Development Transferee is unable to acquire the required property, the CITY shall consider in good faith the acquisition of the required property." Further, the Agreement Pursuant to Government Code Section 66462.5 entered into between the developer and the City on November 4, 2002, expressly provides that "it]he parties recognize that CITY cannot exercise its power of eminent domain until all legally required preconditions, including a Resolution of Necessity have been lawfully adopted by CITY's legislative body pursuant to law. This Agreement is solely made in furtherance of the authority granted 7 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd Tract Map 29928), PA 01-0031 (Tentative Tract Map 29929), and PA 01-0032 (Tentative Tract Map No. 30088) (hereafter referred to collectively as "Development Application") in accordance with the City of Temecula General Plan and Development Code to obtain land use approvals for a 550-acre planned community located adjacent to and east of Interstate-15, north of Santa Gertrudis Creek, west of Margarita Road, and south of the northern City limit. In adopting Resolution No. 01-72, the City Council found that the Development Application is compatible with the health, safety, and welfare of the community and is in conformance with the City's General Plan. The City Council found that the Development Application sets policies and standards to protect the health, safety, and welfare of the community. It also found that access and circulation are adequate for emergency vehicles. In approving Resolution No. 01-72 on August 14, 2001, the City Council also found that the Development Application is compatible with surrounding land uses. It noted that the Development Application proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods with interface buffers and full roadway improvements. It also found that the Development Application will not have an adverse effect on the community because it remains consistent with the goals and policies of the General Plan. In approving Resolution No. 01-72, the City Council further found that the Harveston Specific Plan is consistent with the General Plan, as proposed for amendment, and that the Harveston Specific Plan is compatible with the City's Development Code. Exhibit "A" to Resolution No. 01-72 contains the findings of consistency with the General Plan. For example, the City Council found that the Harveston Specific Plan is consistent with the goals and policies of the General Plan and serves to implement all aspects of the General Plan. The City Council also found the Harveston Specific Plan would not be detrimental to the public interest, convenience, or welfare of the City. It determined that it is in conformance with the General Plan, as proposed for amendment, and the Growth Management Action Plan, which set policies and standards to protect the health, safety, and welfare of the community. In addition, the Council determined the Specific Plan's standards ensure compatibility and interface with the surrounding community in terms of density, design, and circulation. For example, with respect to the Land Use Element, the City Council found that the Harveston Specific Plan meets the goal of requiring development to evaluate the incremental traffic impacts on local roads through the proposed phasing of the Development Application in order to ensure that any adverse impacts to local roads in residential areas are either avoided or adequately mitigated. Specifically, the City Council noted that the Traffic Analysis for the Development Application, which was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer ("Traffic Analysis"), together with the mitigation measures set forth in the Final EIR satisfy this Land Use Element goal. According to the Traffic Analysis, impacts from the Development Application at the projected opening year (2002) and at the projected build-out year (2005) result in a minimum Level of Service ("LOS") "D" at all times at all of the critical intersections within the vicinity of the development project with the implementation of certain transportation improvements. These improvements were identified and included as mitigation measures in the Final EIR. With respect to the Circulation Element, the City Council found that the Development Application satisfied the goal of striving to maintain a LOS "D" or better at all intersections within under Government Code Section 66462.5. It is neither a commitment nor an announcement of an intent by CITY to acquire any or all of the Off-site Property that may be identified in this Agreement." 2 On August 14, 2001, the City Council approved Resolution No. 01-73, Planning Application No. 00-295 for Tentative Tract Map ("TTM") No. 29639, a subdivision of approximately 550 acres into 91 lots. in approving TTM No. 29639, the City Council found that the proposed subdivision and improvements are consistent with the Development Code, General Plan, any applicable Specific Plan, and with the Temecula Municipal Code. The proposed Project was also one of the conditions of approval of TTM No. 29639. 8 R:/Agenda Repods/2003\0916\Eminent Domain Winchester Rd the City during peak hours and LOS "C" or better during non-peak hours. According to the Traffic Analysis, the impacts from the Development Application at the projected opening year and at the projected build-out year result in a minimum LOS "D" at all critical intersections studied with the implementation of certain transportation improvements. Specifically, the Traffic Analysis identified ten intemections that would need improvements by the year 2005. These improvements include the following intersections that are part of the proposed Project: Winchester and Ynez Roads, Winchester Road and 1-15, Winchester Road and Jefferson Avenue, and Winchester Road and Margarita Road. The City Council found that the overall impacts of the Development Application to these intersections were identified in the Final EIR, which included mitigation measures to ensure the above circulation goals are met. The City Council also found that the Circulation Plan of the Harveston Specific Plan and its standards requiring construction and upgrade of the roadway facilities were consistent with City standards. it found that these standards satisfy the Circulation Element's goal of ensuring that the street standards and roadway facilities are constructed or upgraded to meet City standards, where feasible. In addition, the City Council found that the mitigation measures set forth in the Final EIR ensure that the Harveston Specific Plan and Development Application meet the goals set forth in the Circulation Element of requiring the evaluation of potential traffic impacts associated with new development prior to development project approval and the implementation of mitigation measures prior to, or concurrent with, project development. Moreover, the City Council found that the Harveston Specific Plan satisfies the Circulation Element's goal of pursuing trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. The Harveston Specific Plan meets this goal by incorporating certain street improvements including the addition of turn lanes, restrictions on turning movements during peak traffic periods at congested intersections, and the widening of intersection approaches to accommodate additional through movement lanes and to improve visibility. As explained above, the proposed Project will add several turning and through lanes and widen the intersection approaches at the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Road, and Winchester Road and Margarita Road. Further, the City Council found that the improvements to Winchester Road at the 1-15 Interchange, which are part of the proposed Project, help meet the Circulation Element's goal of requiring development projects to actively pursue improvements to existing interchanges within the City to achieve the adopted service level standards. As explained above, the proposed Project was a condition of approval of the Harveston Specific Plan and related applications. Specifically, the proposed Project would improve the intersection of Winchester Road at Ynez Road by (1) adding an eastbound through lane; (2) adding a southbound right turn overlap phase; and (3) modifying the signal to provide a northbound right turn overlap phase. In addition, the proposed Project would improve the intersection of Winchester Road at Jefferson Avenue by (1) adding an eastbound right-turn lane; (2) adding a southbound left-turn lane (dual left); (3) converting the southbound right-turn lane to a shared through and right-turn lane; and (4) adding a northbound right-turn lane (dual right). The proposed Project would also improve Winchester Road at the 1-15 southbound ramp by (1) adding an eastbound right-turn lane; and (2) adding a southbound dedicated left-turn lane (dual left) and widening off-ramp to accommodate the added lane. During Phase II of the Development Application, the proposed Project would further improve the intersection of Winchester Road at Ynez Road by (1) adding an eastbound left-turn lane (dual left); (2) adding eastbound through lane; (3) adding a northbound left-turn lane (triple left); (4) modifying a signal to provide northbound right turn overlap phase; (5) splitting the northbound and southbound signal phases; (6) adding a westbound through lane; and (7) adding a southbound shared through and right-turn lane (300' minimum). The proposed Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). Finally, the proposed Project would improve the intersection of Winchester Road and Margarita Road by (1) modifying the signal to provide a southbound and northbound right-turn lane overlap phase; and (2) adding an eastbound left-turn lane (dual). 9 R:/Agenda Repods/2003\0916\Eminent Domain Winchester Rd All of these proposed intersection and street improvements are part of the proposed Project. These proposed improvements were approved by the California Department of Transportation in the (1) Project Plans for Construction on State Highway in Riverside County in Temecula on Route 79 (Winchester Road) from Interstate 15 to 0.6 KM East of Ynez Road and (2) Project Plans for Construction on State Highway in Riverside County in Temecula on Route 79 at Jefferson Avenue and on Route 15 at Route 79 Separation (referred to collectively as "Caltrans proposed construction plans"). Further, in approving the Harveston Specific Plan, the City Council found that the Harveston Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design, and circulation. The City Council, thus, adopted Resolution No. 01-72 subject to the Conditions of Approval set forth in Exhibit "C" to Resolution No. 01-72. Resolution No. 01-72 together with its Exhibits and the Planning Applications referenced in Resolution No. 01- 72, Resolution No. 01-73, and Ordinance No. 01-08 are all on file in the City's Planning Department, and are incorporated in this Report by this reference. Currently, most of Winchester Road in the proposed Project area operates at a LOS "C" at non-peak traffic hours. If traffic volumes continue to increase at the projected levels, the level of service on Winchester Road will be operating at LOS "D" or worse at non-peak traffic hours, adversely impacting the public health and safety of the City's residents. The proposed Project is necessary to reduce the existing transportation and traffic congestion impacts on Winchester Road and to maintain a LOS "D" at all times, including peak-traffic hours, with the current and anticipated development in the City. The proposed Project is also necessary in order to improve volume-to-capacity ratios needed to maintain the recommended level of service set forth in the Circulation Element. The proposed Project would ensure that the level of service on Winchester Road is maintained at LOS "D" or better at all times and, thus, provide adequate traffic circulation to the City's residents. Consequently, the proposed Project may also have a beneficial effect on the access and response times of emergency vehicles that service the community. The potential environmental effects of the proposed Project were studied and analyzed in connection with the Environmental Impact Repod for the Harveston Specific Plan and related applications. The City issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") on April 1, 1999, pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines. The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper of general circulation. The City sent copies of the Draft EIR to public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. The City Council on August 14, 2001, adopted Resolution No. 01-70 (A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern 10 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd City limits (Planning Application 00-0189)). In adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth ManagementJPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Development Application is anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the proposed Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because the impact to the intersections of Winchester and Ynez Roads and Winchester and Margarita Roads is considered significant, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. In addition, the mitigation measures required the modification of the signal at Winchester Road and Margarita Road to provide a southbound right-turn overlap phase. It also required the addition of an eastbound left-turn lane on Winchester Road at this intersection. Further, under the Project Build-out 2005 Scenario, the City Council found the Development Application will cause an increase in traffic levels. The City anticipated that the residential and service commercial components of the proposed development would generate approximately 17,678 daily trips. Thus, with the completion of the proposed development, ten off-site intersections would operate at a LOS "F" during one or both of the peak traffic hours. The City determined that because the Development Application's traffic contributes incrementally to the cumulative impact, the Development Application is responsible for its fair- share of the improvements. The City Council found that with the implementation of certain mitigation measures, the incremental impact of the Development Application on traffic can be reduced to a less than significant level. Specifically, and as explained above, at the Winchester Road and Jefferson Avenue intersection, the mitigation measures require the addition of an eastbound right-turn lane, northbound right-turn lane (dual right), southbound left-turn lane and the conversion of a southbound right-turn lane to a shared through and right-turn lane. At the Winchester Road at Interstate-15 southbound ramp, the mitigation measures require the addition of an eastbound right-turn lane and southbound dedicated left-turn lane (dual lane), and the widening of the offramp to accommodate the added lane. The Phase II improvements also required the modification of the signal at Winchester and Margarita Roads to provide southbound and northbound right-turn lane overlap phases and the addition of an eastbound left-turn lane (dual). The City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and Mitigation Monitoring Program, no significant traffic impacts will result from the Development Application under the Phase I - 2002 and Full Build-out 2005 Scenarios. The proposed Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road 11 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan.3 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements that make up the proposed Project are an integral part, and that the City has not obtained any new information of 3 Specifically, as part of the approval of Resolution No. 01-70, the City Council considered Land Use Alternatives, City-Wide-Build-Out Circulation Alternatives, Community Park Design Alternatives, and CEQA Alternatives, such as the No Project Alternative. Because the City does not have a comparable area to that described in the Harveston Specific Plan within its jurisdiction, the City Council determined that an alternative location for the Harveston Specific Plan development project would not be a viable option. Further, as set forth in the Final EIR and in Resolution No. 01-70, the City considered other Land Use Alternatives to the development proposed by the Harveston Specific Plan and related applications. The City weighed the benefits to the City of the Harveston Specific Plan and related applications and other Land Use Alternatives against the impacts of this development project and selected the Harveston Specific Plan based on the social, economic, and environmental benefits to the City. These benefits are discussed in the Statement of Overriding Considerations, set forth in Resolution No. 01-70. As explained above, the proposed Project, which is one of the mitigation measures of the Harveston Specific Plan and related applications, is necessary to ensure the traffic circulation goals of the City are met. 12 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd substantial importance that would require the City to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. The City of Temecula's General Plan, Development Code, Resolution No. 01-72, the Harveston Specific Plan, the staff report in connection with the Harveston Specific Plan, Resolution No. 01-70, the Draft and Final Environmental Impact Reports, Mitigation Monitoring Program, Resolution No. 01-73, Ordinance No. 01-08, the Development Agreement, exhibits to these documents and all documents referenced therein, the Caltrans proposed construction plans, the Agreement Pursuant to Government Code section 66462.5, and aerial maps of the Subject Property Interests are on file in the City's Planning Department, and are incorporated in this Report by this reference. The proposed Project may require the relocation of several utilities that are located in the Subject Property Interests. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. Negotiations with the utility companies are ongoing. City's Actions Pursuant to Government Code Section 7262 et seq. As more fully described below, the City of Temecula, pursuant to California Government Code section 7262 et seq., obtained fair market value appraisals of the Subject Property Interests, set just compensation in accordance with the appraised fair market value and extended written offers in May 2003, to the owners of record. In June 2003, the City revised its proposed street improvement plans, resulting in a change to the legal descriptions on the following three parcels: Vacant lot (APN 910-310-011 ); 41 '125 Winchester Road (APN 910-281-003); and 41005 Winchester Road (APN 910-283-001 ). Accordingly, the City engaged the same appraiser to update the initial appraisals based on the revised legal descriptions. The City set just compensation in accordance with the updated appraised value and extended revised written offers in June 2003 to M & J Ramsay Corporation and in July 2003 to EHG Associates and Taco Bell Corporation, the owners of record of the respective parcels. Following is a brief summary of the City's actions with respect to each of the Subject Property Interests pursuant to Government Code section 7262 et seq. · 27410 Jefferson Avenue- APN 910-310-013 and Vacant Lot identified as APN 910-310-011 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a May 8, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owner of record M & J Ramsay Corporation. In June 2003, the City revised its proposed street improvement plans for the proposed Project and determined a 10 square foot permanent easement on APN 910-310-011 was no longer necessary for the proposed Project. Accordingly, the City engaged the same appraiser to update the appraisal report based on the revised legal description. In June 2003, the City extended a revised written offer letter to the owner of record. The City has received no response from the record owner. · 26419 Ynez Road - APN 910-300-013 13 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a May 8, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owner of record KIR Temecula (formerly Kimco Palm Plaza). The City has engaged in negotiations with the record owner, but a negotiated sale has not been reached. · 41125 Winchester Road - APN 910-281-003 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a May 8, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owner of record EHG Associates. in June 2003, the City revised its proposed street improvement plans for the proposed Project and determined that property in addition to that described in the May 2003 offer letter was needed for the proposed permanent easement on APN 910-281-003. Accordingly, the City engaged the same appraiser to update the appraisal report based on the revised legal description. The City set just compensation in accordance with the updated appraised fair market value based on a July 1, 2003 date of value. In July 2003, the City extended a revised written offer letter to the owner of record. The City has received no response from the record owner. · 41005 Winchester Road - APN 910-283-001 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a May 8, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owner of record Taco Bell Corporation. In June 2003, the City revised its proposed street improvement plans for the proposed Project and determined that property in addition to that described in the May 2003 letter was needed for the proposed permanent and temporary construction easements on APN 910-283-001. Accordingly, the City engaged the same appraiser to update the appraisal report based on the revised legal description. The City set just compensation in accordance with the updated appraised fair market value based on a July 1, 2003 date of value. In July 2003, the City extended a revised written offer letter to the owner of record. The City has engaged in negotiations with the record owner, but a negotiated sale has not been reached. · 40975 Winchester Road- APN 910-284-001 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owners of record Byron P. Sansom and Patricia W. Sansom. The City has received no response from the record owners. · 40971 Winchester Road-APN 910-284-002 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owners of record Kelly J. O'Neil and Debra O'Neil. The City has received no response from the record owners. · 40967 Winchester Road- APN 910-284-003 14 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owners of record Anthony D. Young and Deniece M. Young. The City has received no response from the record owners. · 40963 Winchester Road- APN 910-284-004 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owners of record Gary M. Willard and Brenda K. Willard. The City has received no response from the record owners. · 40949 Winchester Road - APN 910-284-006 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owner of record Ellis-Faeber Medical Building. The City has received no response from the record owner. · 40945 Winchester Road- APN 910-284-007 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owners of record Thomas D. Loboue and Laura B. Loboue. The City has received no response from the record owners. · 40941 Winchester Road- APN 910-284-008 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owners of record David C. Robinson and Yolanda F. Robinson. The City has received no response from the record owners, · 40915 and 40917 Winchester Road (improved with Express Tires) -APN 910-283-005 Pursuant to Government Code section 7262 et seq., the City obtained an initial fair market value appraisal of this subject real property based on a January 23, 2003 date of value. The City set just compensation in accordance with the appraised fair market value, and in May 2003 extended a written offer letter to the owners of record James Frank D'Angelo, Trustee and Jubela Family Limited Partnership. The City has engaged in negotiations with the record owners, but a negotiated sale has not been reached. True and correct copies of the initial and revised offer letters are on file in the City's Public Works Department. These offer letters are incorporated in this Report by this reference. To date, however, no negotiated purchase for the subject property interests has been consummated, and the schedule for the proposed Project requires that the City Council consider the proposed Resolutions of Necessity at this time. City staff is continuing its negotiations with the record owners. 15 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd A. The Public Interest and Necessity Require the Proposed Project As shown above, the proposed Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. The proposed Project would provide additional through lanes and turning lanes at the intersections of Winchester Road at Jefferson Avenue, Winchester Road at Ynez Road, and Winchester Road at Margarita Road. The proposed Project would also provide a right-turn lane to the northbound and southbound 1-15 Freeway to ease traffic congestion on Winchester Road and to meet the demands of increased traffic volumes in the area. Specifically, the proposed Project would improve the intersection of Winchester Road at Ynez Road by (1) adding an eastbound through lane; (2) adding a southbound right turn overlap phase; (3) modifying the signal to provide a northbound right turn overlap phase. The proposed Project would also improve the intersection of Winchester Road at Jefferson Avenue by (1) adding an eastbound right-turn lane; (2) adding a southbound left-turn lane (dual left); (3) converting the southbound right-turn lane to a shared through and right-turn lane; and (4) adding a northbound right-turn lane (dual right). Further, the proposed Project would improve Winchester Road at the 1-15 southbound ramp by (1) adding an eastbound right-turn lane; and (2) adding a southbound dedicated left-turn lane (dual left) and widening off-ramp to accommodate the added lane. Further, the proposed Project would improve the intersection of Winchester Road at Ynez Road by (1) adding an eastbound left-turn lane (dual left); (2) adding eastbound through lane; (3) adding a northbound left-turn lane (triple left); (4) modifying a signal to provide northbound right turn overlap phase; (5) splitting the northbound and southbound signal phases; (6) adding a westbound through lane; and (7) adding a southbound shared through and right-turn lane (300' minimum). The proposed Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). Finally, the proposed Project would improve the intersection of Winchester Road and Margarita Road by (1) modifying the signal to provide a southbound and northbound right-turn lane overlap phase; and (2) adding an eastbound left-turn lane (dual). These improvements would ensure safe traffic circulation on Winchester Road and, thus, prevent unacceptable congestion and unsafe conditions that would result absent the proposed Project. As evidenced in the Traffic Analysis discussed above, the level of service on certain intersections along Winchester Road is at level "D" during peak-hour traffic. The proposed Project is needed to maintain the current LOS "D" at all times consistent with the City's Circulation Element. Further, the proposed Project is consistent with the City's General Plan and the Harveston Specific Plan and is required for the public health and safety because it will alleviate anticipated unacceptable levels of traffic congestion and maintain traffic circulation at the standard set forth in the Circulation Element of the General Plan. The proposed Project would ensure that vehicles are able to circulate in a safe manner, including emergency vehicles vital to the public health and safety. The proposed Project is necessary to reduce the existing transportation and traffic congestion impacts on Winchester Road, one of the main arterials in the City of Temecula. The improvements on Winchester Road and the intersections described above are necessary to achieve the traffic and circulation goals identified above, including improving the flow of traffic. Thus, the proposed Project benefits the City as a whole. The proposed Project also ensures that other goals of the Circulation Element are met, including the goal of widening of intersection approaches to accommodate additional through movement lanes and to improve visibility at congested intersections. The proposed Project may require the relocation of several utilities that are located in the Subject Property Interests. The public use for which the City seeks to acquire the Subject 16 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd Property Interests, namely street purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. B. The Proposed Project is Located in the Manner that will be Compatible with the Greatest Public Good and Least Private injury As shown in detail above, the proposed Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. The proposed Project would provide additional through lanes and turning lanes at the intersections of Winchester Road at Jefferson Avenue, Winchester Road at Ynez Road, and Winchester at Margarita Road. The proposed Project would also provide a right-turn lane to the northbound and southbound 1-15 Freeway to ease traffic congestion on Winchester Road and to meet the demands of increased traffic volumes in the area. The proposed Project would improve the intersection of Winchester Road at Ynez Road by (1) adding an eastbound through lane; (2) adding a southbound right turn overlap phase; (3) modifying the signal to provide a northbound right turn overlap phase. The proposed Project would also improve the intersection of Winchester Road at Jefferson Avenue by (1) adding an eastbound right-tum lane; (2) adding a southbound left-turn lane (dual left); (3) converting the southbound right-turn lane to a shared through and right-turn lane; and (4) adding a northbound right-turn lane (dual right). Further, the proposed Project would improve Winchester Road at the 1-15 southbound ramp by (1) adding an eastbound right-turn lane; and (2) adding a southbound dedicated left-turn lane (dual left) and widening off-ramp to accommodate the added lane. Further, the proposed Project would improve the intersection of Winchester Road at Ynez Road by (1) adding an eastbound left-turn lane (dual left); (2) adding eastbound through lane; (3) adding a northbound left-turn lane (triple left); (4) modifying a signal to provide northbound right turn overlap phase; (5) splitting the northbound and southbound signal phases; (6) adding a westbound through lane; and (7) adding a southbound shared through and right-turn lane (300' minimum). The proposed Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). Finally, the proposed Project would improve the intersection of Winchester Road and Margarita Road by (1) modifying the signal to provide a southbound and northbound right-turn lane overlap phase; and (2) adding an eastbound left-turn lane (dual). The proposed Project would require certain permanent easements for street right of way and footing, temporary construction easements, and utility easements from the Subject Property Interests, which are located immediately adjacent to Winchester Road and at the critical intersections of Winchester Road and Jefferson Avenue and Winchester and Ynez Roads. The proposed Project cannot be constructed without the acquisition of portions of the following properties for the right-of-way improvements: 27410 Jefferson Avenue and of Vacant Lot (Assessor's Parcel Numbers 910-310-013 & -011): The proposed widening of and improvements to Winchester Road require permanent easements for street right of way and footing, and temporary construction easements. The improvements to eastbound Winchester Road would provide a new right-turn lane to the southbound on ramp to Interstate 15 (I-15). These improvements have been extended westerly beyond the improvements identified in the conditions of approval of the Harveston Specific Plan and related applications to the intersection of Jefferson Avenue to facilitate a future fourth westbound through lane planned by the City of Temecula. These improvements require an approximate 912 square foot permanent street easement for the additional right of way, and two permanent wall footing easements of approximately 146 and 529 square feet each from APN 17 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd 910-310-013. In order to construct the necessary improvements, a temporary construction easement of approximately 6,447 square feet has been established on APN 910-310-013 and a temporary construction easement of approximately 24,950 has been established on APN 910-310-011 to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easements is twelve (12) months. 26419 Ynez Road (APN 910-300-013): The proposed eastbound widening of and improvements to Winchester Road require a permanent easement for street right of way and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional left-turn lane, additional right-turn lanes, and a total of four through lanes at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 4,105 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 16,741 square feet has been established to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is twelve (12) months. 41125 Winchester Road (APN 910-281-003): The proposed westbound widening of and improvements to Winchester Road and southbound Ynez Road require a permanent easement for street right of way and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. The widening of southbound Ynez Road would provide an additional through lane and a dedicated right-turn lane. These improvements require an approximate 3,730 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 22,963 square feet has been established to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is twelve (12) months. 41005 Winchester Road (APN 910-283-001): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,413 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 5,355 square feet has been established to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is twelve (12) months. 40975 Winchester Road (APN 910-284-001): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester 18 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd Road and Ynez Road. These improvements require an approximately 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40971 Winchester Road (APN 9'10-284-002): The proposed westbound widening of and improvements to Winchester Road requires a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40967 Winchester Road (APN 910-284-003): The proposed westbound widening if and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40963 Winchester Road (APN 910-284-004): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 19 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd 40949 Winchester Road (APN 910-284-006): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easements. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,604 square foot permanent street easement for the additional right of way and an approximate 251 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 7,042 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40945 Winchester Road (APN 910-284-007): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,604 square foot permanent street easement for the additional right of way and an approximate 251 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 7,042 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40941 Winchester Road (APN 910-284-008): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,604 square foot permanent street easement for the additional right of way and an approximate 251 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 7,042 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40915 and 40917 Winchester Road (APN 910-283-005) The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 1,277 square foot permanent street easement for the additional right of way and an approximate 112 square foot utility easement for the relocation of a Rancho 20 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 4,825 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. The proposed Project, as planned and located, would ensure safe traffic circulation on Winchester Road and, thus, prevent unacceptable congestion and unsafe conditions that would result absent the proposed Project. As evidenced in the Traffic Analysis discussed above, the level of service on certain intersections along Winchester Road is at level "C" at non peak-hour traffic times and at level "D" during peak-hour traffic. The proposed Project is needed to maintain the current LOS "D" at all times consistent with the City's Circulation Element. Further, the proposed Project is consistent with the City's General Plan and the Harveston Specific Plan and is required for the public health and safety because it will alleviate anticipated unacceptable levels of traffic congestion and maintain traffic circulation at the standard set forth in the Circulation Element of the General Plan. The proposed Project would ensure that vehicles are able to circulate in a safe manner, including emergency vehicles vital to the public health and safety. The proposed Project is necessary to reduce the existing transportation and traffic congestion impacts on Winchester Road, one of the main arterials in the City of Temecula. The improvements on Winchester Road and the intersections described above are necessary to achieve the traffic and circulation goals identified above, including improving the flow of traffic. Thus, the proposed Project benefits the City as a whole. The proposed Project also ensures that other goals of the Circulation Element are met, including the goal of widening of intersection approaches to accommodate additional through movement lanes and to improve visibility at congested intersections. The proposed Project may require the relocation of several utilities that are located in the Subject Property Interests. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. C. The Subject Property Interests Described in the Resolutions of Necessity are Necessary for the Proposed Project. As explained above, the proposed Project would widen portions of Winchester Road and add additional turning lanes and through lanes at several intersections. Specifically, the proposed Project would improve the intersection of Winchester Road at Ynez Road by (1) adding an eastbound through lane; (2) adding a southbound right turn overlap phase; (3) modifying the signal to provide a northbound right turn overlap phase. The proposed Project would also improve the intersection of Winchester Road at Jefferson Avenue by (1) adding an eastbound right-turn lane; (2) adding a southbound left-turn lane (dual left); (3) converting the southbound right-turn lane to a shared through and right-turn lane; and (4) adding a northbound right-turn lane (dual right). Further, the proposed Project would improve Winchester Road at the 1-15 southbound ramp by (1) adding an eastbound right-turn lane; and (2) adding a southbound dedicated left-turn lane (dual left) and widening off-ramp to accommodate the added lane. Further, the proposed Project would improve the intersection of Winchester Road at Ynez Road 21 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd by (1) adding an eastbound left-turn lane (dual left); (2) adding eastbound through lane; (3) adding a northbound left-turn lane (triple left); (4) modifying a signal to provide northbound right turn overlap phase; (5) splitting the northbound and southbound signal phases; (6) adding a westbound through lane; and (7) adding a southbound shared through and right-turn lane (300' minimum). The proposed Project would also improve the Winchester Road at 1-15 nodhbound ramp by adding a westbound right-turn lane (dual right). Finally, the proposed Project would also improve the intersection of Winchester Road and Margarita Road by (1) modifying the signal to provide a southbound and northbound right-turn lane overlap phase; and (2) adding an eastbound left-turn lane (dual). The proposed Project would require additional right of way for permanent easements, temporary construction easements, and utility easements. The proposed Project requires the acquisition of the Subject Property Interests, which are located immediately adjacent to Winchester Road and at the critical intersections of Winchester Road and Jefferson Avenue and Winchester and Ynez Roads. The proposed Project cannot be constructed without the acquisition of portions of the following properties, which are described more particularly in the Exhibits to the Resolutions of Necessity, for the right-of-way improvements: 27410 Jefferson Avenue and of Vacant Lot (Assessor's Parcel Numbers 910-310-013 & -011): The proposed widening of and improvements to Winchester Road require permanent easements for street right of way and footing, and temporary construction easements. The improvements to eastbound Winchester Road would provide a new right-turn lane to the southbound on ramp to Interstate 15 (I-15). These improvements have been extended westerly beyond the improvements identified in the conditions of approval of the Harveston Specific Plan and related applications to the intersection of Jefferson Avenue to facilitate a future fourth westbound through lane planned by the City of Temecula. These improvements require an approximate 912 square foot permanent street easement for the additional right of way, and two permanent wall footing easements of approximately 146 and 529 square feet each from APN 910-310-013. In order to construct the necessary improvements, a temporary construction easement of approximately 6,447 square feet has been established on APN 910-310-013 and a temporary construction easement of approximately 24,950 has been established on APN 910-310-011 to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easements is twelve (12) months. 26419 Ynez Road (APN 910-300-013): The proposed eastbound widening of and improvements to Winchester Road require a permanent easement for street right of way and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional left-turn lane, additional right-turn lanes, and a total of four through lanes at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 4,105 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 16,741 square feet has been established to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is twelve (12) months. 41125 Winchester Road (APN 910-281-003): The proposed westbound widening of and improvements to Winchester Road and southbound Ynez Road require a permanent easement for street right of way and a temporary construction easement. The proposed street improvements of over 1,200 feet in 22 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. The widening of southbound Ynez Road would provide an additional through lane and a dedicated right-turn lane. These improvements require an approximate 3,730 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 22,963 square feet has been established to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is twelve (12) months. 41005 Winchester Road (APN 910-283-001): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,413 square foot permanent street easement for the additional right of way. In order to construct the necessary improvements, a temporary construction easement of approximately 5,355 square feet has been established to facilitate the installation of permanent improvements, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is twelve (12) months. 40975 Winchester Road (APN 910-284-001): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximately 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40971 Winchester Road (APN 910-284-002): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 23 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd 40967 Winchester Road (APN 910-284-003): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40963 Winchester Road (APN 910-284-004): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,184 square foot permanent street easement for the additional right of way and an approximate 232 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 5,659 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40949 Winchester Road (APN 910-284-006): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,604 square foot permanent street easement for the additional right of way and an approximate 251 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 7,042 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40945 Winchester Road (APN 910-284-007): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,604 square foot permanent street easement for the additional right of way and an approximate 251 square foot utility easement for the relocation of a Rancho 24 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 7,042 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40941 Winchester Road (APN 910-284-006): The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 2,604 square foot permanent street easement for the additional right of way and an approximate 251 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 7,042 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. 40915 and 40917 Winchester Road (APN 910-283-005) The proposed westbound widening of and improvements to Winchester Road require a permanent easement for street right of way, a utility easement, and a temporary construction easement. The proposed street improvements of over 1,200 feet in length would provide an additional through/right-turn lane at the intersection of Winchester Road and Ynez Road. These improvements require an approximate 1,277 square foot permanent street easement for the additional right of way and an approximate 112 square foot utility easement for the relocation of a Rancho California Water District utility easement. In order to construct the necessary improvements, a temporary construction easement of approximately 4,825 square feet has been established to facilitate the installation of permanent improvements, relocate the existing utilities, minimize disruption to traffic, and minimize impacts to the existing business on the site. The term of the temporary construction easement is six (6) months. The proposed Project may require the relocation of several utilities that are located in the Subject Property Interests. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the proposed Project. D. The City Has Made Offer Required by Section 7267.2 of the Government Code to the Owners of Record of the Real Property the City Seeks to Acquire. As explained more fully above, the City, pursuant to Government Code section 7262 et seq., obtained fair market value appraisals of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extend a written offer(s) to the following record owners of the Subject Property Interests: 25 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd · 27410 Jefferson Avenue (APN 910-310-013) - M & J Ramsay Corporation; · 26419 Ynez Road (APN 910-300-013)- KIR Temecula; · 41125 Winchester Road (APN 910-281-003) - EHG Associates; · 41005 Winchester Road (APN 910-283-001) - Taco Bell Corporation; · 40975 Winchester Road (APN 910-284-001) - Byron P. Sansom and Patricia W. Sansom; · 40971 Winchester Road (APN 910-284-002) - Kelly J. O'Neil and Debra O'Neil; · 40967 Winchester Road (APN 910-284-003) - Anthony D. Young and Deniece M. Young; · 40963 Winchester Road (APN 910-284-004) - Gary M. Willard and Brenda K. Willard; · 40949 Winchester Road (APN 910-284-006) - Ellis-Faeber Medical Building; · 40945 Winchester Road (APN 910-284-007) - Thomas D. Loboue and Laura B. Loboue; · 40941 Winchester Road (APN 910-284-008) - David C. Robinson and Yolanda F. Robinson; · 40915 and 40917 Winchester Road (APN 910-283-005) - James Frank D'Angelo, Trustee and Jubela Family Limited Partnership. True and correct copies of the offer letters and revised offer letters are on file in the City's Public Works Department, and are incorporated in this Report by this reference. As explained more fully above, the City received no response from certain property owners. The City has engaged in negotiations with the owners that responded to the City's offer(s). To date, however, no negotiated purchase has been consummated and the schedule for the proposed Project requires that the City Council consider the proposed Resolutions of Necessity at this time. Adoption of each Resolution of Necessity requires a separate vote of at least four/fifths (4/5) of the City Council. FISCAL IMPACT: There is no fiscal impact to the City. The cost of the acquisition is the responsibility of the Harveston Assessment District. ATTACHMENTS: 1. Resolution No. 03- 2. Resolution No. 03- 3. Resolution No. 03- 4. Resolution No. 03- 5. Resolution No. 03- 6. Resolution No. 03- 7. Resolution No. 03- 8. Resolution No. 03- 9. Resolution No. 03- 10. Resolution No. 03- 11. Resolution No. 03- 12. Resolution No. 03- 26 R:/Agenda Reports/2003\0916\Eminent Domain Winchester Rd 27 R:/Agenda Reports/2003~0916~Eminent Domain Winchester Rd City of T emecula August 7, 2003 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (27410 JEFFERSON AVENUE) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire p reperty by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other previsions of law. Section 3. The real property interests the City seeks to acquire are permanent street and footing easements and temporary construction easements on the property commonly known as 27410 Jefferson Avenue, Temecula, and identified as Assessor's Parcel Number ("APN") 910-310-013, and a temporary construction easement on the vacant lot identified as APN 910-310-011 in the City of Temecula, County of Riverside, California ("Subject Property Interests"). The term of the temporary construction easements is twelve (12) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easements on Assessor's Parcel Number ("APN") 910-310-013 are shown on Exhibits "A," which are marked on the top right hand corner with the job numbers ("JN") 10101661-M2 and 10101661-M4. These permanent easements are depicted on Exhibits "B" also marked with JN 10101661-M2 and 10101661-M4, respectively. The Exhibits marked with JN 10101661-M4 show the permanent footing easements. One of the temporary construction easements on APN 910-310- 013 is shown on Exhibit "A," which is marked on the top right hand corner JN 10101661-M23, and depicted on Exhibit "B" with the same job number. The legal description of the temporary construction easements on both APNs 910-310- 013 and 910-310-011 are shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M3 and depicted on Exhibit "B" with the same job number. The legal description of the temporary construction easement on APN 910-310-011 is shown on Exhibit "A," marked on the top right hand corner with the job number 10101661-M24, and depicted on the map with the same job number. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, which is a public use. R:/Resos 2003/Resos 03-~ 1 Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public' health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project is a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact. Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper of general circulation. The City sent copies of the D raft E IR to public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that R:/Resos 2003/Resos 03-~ 2 the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that ara part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15 and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 0 1-70 b ut cannot b e mitigated t o a Ievel o f insignificance: I ong-term a nd shod-term project and cumulative air quality impacts. R:/Resos 2003/Resos 03-__ 3 B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the subject property interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project. Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. R:/Resos 2003/Resos 03-__ 4 Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular n~eeting held on the 16th day of September, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: Susan W. Jones, CMC R:/Resos 2003/Resos 03-__ 5 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" WINCHE8TER ROAD May 8, 2002 JN 10101661.M2 Page 1 of 1 That certain parcel of land situated in the City of Temecula, County of Riverside, state of California, being that portion of Pamel I of Parcel Map No. 20668 filed in Book 139, Pages 77 and 78 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at an angle point in the westerly line of sald Parcel 1, said angle point being the southwesterly terminus of a course having a bearing and distance of "North 53°58'09" East 248.66 feet" in the northwesterly line of said Parcel 1; thence along said course North 53°57'10.' East 145.31 feet; thence South 49°28'52" West 160.37 feet to the non-tangent intersect on with a curve in said westerly line of Parcel 1 concave easterly and having a radius of 170.00 feet, a.radial line of said curve from said point bears South 79°54'43" East; thence along said westerly line and curve northerly 19.21 feet through a central ang e of 06°28'32'' to the pOINTOF BEGINNING. CONTAINING: 912 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description w_,~s prepared by ms~y direction. [~E~onci"c-M~the, P.L.$. 6185, ,'l~ly license expires $/31106. H:~D~T~\I 0 i 0166 L~DM~A[,BO~66 llgi002.v~pd 10o' 9RAPHIC SCALE EXHI]~IT 'B' ' W I NCHESTER ROAD DATA TABLE BRNG/DELTA RADIUS LENGTH 1 N48'07'50"E -- 97.01' 2 N41'52'10"W -' 55.07' 3 N53'57'10"E -- 145,31' 4 S49'28'52"W -- 160.37' 5 06'28'32" 170.00! 19.21' SHEET 1 OF I SHEET 13ONBULTINI3 , ~)~.~,.,o42 · ~=Ax~m.~Te.7~.4o · w~.'~=.~m SCALE MAY 08, 2002 1"=100' 10101661-M2 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" WINCHESTER ROAD Revised June 1, 2003 May 22 2002 JN 10101661-M4 = Page 1 of 2 Those certain parcels of land situated in the City of Temecula, County of Riverside, State of Califomia, being those portions of Parcel 1 of Parcel Map No. 20668 filed in Book 139, Pages 77 and 78 of Parcel Maps in the Office of the County Recorder of said Rivemide County, described as follows: PARCEL t COMMENCING at an angle point in the westerly line of said Parcel 1, said angle point being the southwesterly terminus of a course having a beadng and distance of "North 53°58'09" East 248.66 feet" in the northwesterly line of said Parcel 1; thence along said .course in said northwesterly line North 53°57'10" East 145.31 feet to the TRUE POINT OF BEGINNING; thence leaving said northwesterly line South 49o28'52" West 109.07 feet; thence South 40o32'04'' East 3.94 feet; thence North 49°28'52" East 159.41 feet to said northwesterly line; thence along said northwesterly line South 53°57'10" West 50.50 feet to the TRUE POINT OF BEGINNING. CONTAINING: 529 Square Feet. PARCEL 2 COMMENCING at an angle point in the northerly line of said Parcel 1,. Said angle point being the northeasterly terminus of a course having a bearing and distance of "North 53°58'09" East 248.66 feet" in the northwesterly line of said Parcel 1, said angle Exhibit "A" Winchester Road Revised J6ne 1, 2003 JN 10.101661-M4 Page 2 of 2 point beginning of a curve in the boundary line of said Parcel 1 concave southery and having a radius of 100.00 feet, a radial line of Said curve from said point beam South 36°02'50" East; · thence along said northerly line and curve easterly 11.22 feet through a central angle of 06°25'35'' to the TRUE POINT OF BEGINNING; thence continuing along said northerly line and curve easterly 61.98 feet through a central angle of 35~30'5t to the southeast line of said Parcel 1; thence along said southeasterly line South 52°17'08" West 5.16 feet; thence South 89°46'04" West' 9.85 feet to the beginning of a tangent curve concave southerly and having a radius of 119.09 feet; .thence along said curve westerly 47.00 feet through a central angle of 22o36'53'' to the TRUE POINT OF BEGINNING, CONTAINING: 146 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my, directio~n. 7-thomas E. Verloop,-P].~S15348 My license expires 12/31~3. H:~data\10101661'V~D~AI~6611gi004.wpd ' 60 0 60 120 180 GRAPHIC SCALE DATA TABLE NO, BRNG/DELTA RADIUS LENGTH 1 S53'57~10"W -- 50.50' 2 N49'28'52"E -- 159.41' 3 S40'32'04"E -- 3.94' 4 S49'28'52"W -- 109,07' 5 06'25'35" 100,00' 11,22' 6 $5'30'51" 100,00' 61.98' 7 S52'17'08"W -- 5.16' 8 · S89'46'04"W -- 9.85' 9 22'36'53" 119.09' '47,00' EXHI] IT FOOT ING EASEMENTS CONSULTING REV I SED SCALE MAY 22, 2002 1"=60' 10101661-U4 RBF CONSULTINe 27686 Ynez Road, Suite 400 Teme~ula, OA ~g~ EXHIBIT ~A~ TEMPORARY OONgTRUOTION EASEMENT WINCHESTER ROAD August'8, 200Z JN I0101661-M23 Page 1 Of 2 That oertei~ pat~el of lam situated In the City of TemeOUla, County of Rivemlde, State of Culirumla, being that porUon of Parcel 1 of Parcel Map No. 20668 filed in Beak 139, Pages 77 and 78 Of Parcel Maps In the Office Of. the County Reoorder of said Riverside County, desc~bed as a whole as follows: BEelNNIN(~ at an angle point in the westerly line Of said Parcel 1, said angle ~lnt being the southwesterly terminus of a course having a bearing and distanc~ of · NOi~.53'58~9" East 248.66 feet" In the northwesterly line of said Pamel 1; · thence a e~g the boundary line of saki Parcel Map No. 2066B through the following ~x~ume~: along said course North 5~'57~t0" East 248;66 feet to the beginning of a tangent ctmm concave southeaste~y and having a radius of 100.00 feet; thence' at~g ~aki ~ ea~,~,ily 73.20 fast through a central angle of 41'56"26' to the · most easterly ~omer of bald Parcel 1; thence leaving said bound a ry line, non-tangent from said curve along the southeasterly line of said Parcel 1 South 52'lT08'Weet 160.36 feet:' ther~e leaving said ~,~a~:c~ ~ of Pareet t a,v,,g .,v no~ .... teriy pmlongauon of the northeasterly li~e of said Parcel 1 North 37°42'82" West 16.Se'feet; th~nsa South ~,F~ t O, West. 33,89 feet; thence- South 82"81 'ar West 127;65 feet to a POint on a non4angent curve In the w~etedy line of said Parcel t concave easterly and having · radius of 170,00 feet, a radia! line of .said curve from sam point bear~ South 82°38'80" East; thence alol~ ~al~l westerly line and cuwe n~efly 27.31 feet through a contral angle of 09'12'19".to the ~EUE POINT OF BE~INNIN{3. Exlsibit ~A" W'tnol~e~r Rond JN 10101~61..t~23 Pnl~ 2, of~. (~ONTA~NING: 0, t4B Acres, mote or le~. ~UI~J- EOT TO nil Oownant~, Rloht~, Right,-of-Why and En~m~n~ of Reoord, I~HIBIT "B" attnoh,d hereto and by this mferenoe m~e a part hereof. Thl~ description was prepnred ~ O~?A T.~LE EXHIBIT TS~ORAR¥ [DNSTRU~T ION sHEET t ar 3, SHEET REV I~'D 1/02 sc*ct 1 "=100' 101016~1-M:~3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (26419 YNEZ ROAD) THE CITY Of TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650 and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement and temporary construction easement on the property commonly known as 26419 Ynez Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-300-013 ("Subject Property Interests"). The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description of the permanent easement on Assessor's Parcel Number ("APN") 910-300-013 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-M7. This permanent easements is depicted on Exhibit "B" also marked with JN 10101661-M7. The legal description of the temporary construction easement is shown on Exhibit "A," which is marked on the top right hand corner with JN 10101661-M19, and depicted on Exhibit "B" also marked with JN 10101661-M19. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road a nd Jefferson Avenue a nd Winchester a nd Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he p ublic health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, R:/Resos 2003/Resos 03-~ I thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70. A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and cimulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are R:/Resos 2003/Resos 03-~ 2 anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section of Resolution No. 01-70 b ut cannot b e mitigated t o a Ievel o f insignificance: ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from ~mplementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. R:/Resos 2003/Resos 03-__ 3 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the subject property interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project. Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Report dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. R:/Resos 2003/Resos 03-~ 4 Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular meeting held on the 16th day of September, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNClLMEMBERS: COUNClLMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-__ 5 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" WINCHESTER ROAD Revised June i9,~2002 · May24,2002 JN 10101661.M7 Page I of 2 That certain parcei of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel 1 of Parcel Map No. 23430 filed in Book 168, Pages 7 through g of Parce! Maps in the Office 'of the County Recorder of said Riverside County, described as follows: BEGINNING at the most northwesterly comer of said Parcel 1, said comer being the northwesterly terminus of a course shown on said parcel map as "North 86°45'44" West 32.49 feet" in the northerly line of said parcel; thence along the boundary line ef said parcel through the following.courses: along said course South 86°55'55" East 32.46 feet; thence South 41°59'41" East 4.22 feet to a point on a 'non-tangent curve concave southeasterly and having a radius of 25.26 feet, a radlal line of said curve from said point bears South 19°59'52" West; thence leaving said boundary line, along said curve westerly 27.24 feet through a central angle of 61°46'35"; · thence tangent from said curve South 48°13'17'' West. Il.88 feet to the beginning of a tangent curve concave southeasterly and having a radius of 4495.40 feet; thence along Said curve southwesterly 180.37 feet through a central angle of 02° 17'56" to a point of reverse curvaturo with a curve concave northwesterly and having a radius of 180.28 feet, a radial line of said curve from said polnt bears North 44°04'39" West; thence along said curve southwesterly 47.16 feet through central angle of 14°59'14"to an Intersection with a non-tangent curve concave southeasterly and having a radius of 157.29 feet, a radial line of said curve from said.intersection bears South 25°09'25" East; thence along said curve southWesterly 21~19 feet through a central angle of 07°43'06"; · thence non-tangent from said curve North 33052'31'' West 3.28 feat to a point on a non-tangent curve concave southeasterly and having a radius of 160,57 feet; a radial line of said curve from said point bears South 33752'31" East;· Exhibit "A" Winchester Road RevisodSune 19,2002 JNI0101661.M7 Page2of2 thence along said curve southwesterly 21,91 feet through a central.angle of 07°49'10"; thence non-tangent from said curve South 48o 18'19" West 31.06 feet to the northwesterly line of said Parcel 1; thence along said northwesterly line North 33°58'12" East 14.41 feet to an angle point In said northwesterly line; thence continuing along said northwesterly line North 48°07'50" East 297.47 feet to the POINT OF BEGINNING. CONTAINING: 4105 Square Feet~ SUBJECT TO all Covenant{, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared bY rneZ mY direction. ~-a~ymond L. Mathe, PiL.S. 6185, My license expires 3/31/06. H:~PDATA~ I 0101//I~ADlvI~'R.EO~ llgl00'/.wpd 180 GRAPHIC SCALE P.M. NO. 23430 P.'M. B. DATA TABLE O BRNG/DELTA RADIUS LENGTH 1 S86°55'55"E -- 2 S41'59'41"E -- 3 61'46'35" 25;26' 4 S48'13'17"W -- 5 14'59'14" 180,28' 6 07°43'06" 157,29' ? N33'52'31"W (R) 8 07'49't0" 160.57'- g S48'18'19"W -- 10 N33'58'12"E -- 32,46' 4,22' 27,24' 11,88' 47,16' 21,19' 3,28' 21,91' 31,06' .14,41' EXHIDIT 'D' WINCHESTER ROAD '.~~.. 168/7-9 EXISTING SCE EASEMENT EXISTING EMWD EASEMENT SHEET 1 OF, I SHEET 13'O N ~ U LTIN 13 2'4, 2002 1 "~80' , ~/~5 YNEZ ROAD, I~m~ 4oo ~9,67~.S042 · FAX ~0~.e75,7~40 · 10101661-M7 · RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT IN IJ~-l( May 241 2002 JN 10!01681-M19 Page 1 of 2 That certain Parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel 1of Parcel Map No. 23430 filed In Book 168, Pages 7 through 9 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most northerly comer of said Parcel 1, said corner being the northwesterly terminus of a course shown as "North 86°45'44" West 32.49 feet" in the northerly line of said Parcel; thence along the boundary line of said parcel through the following 'courSes: South 86°55'55" East 32.46 feet; thence South 41°59'41'` East 13.51 feet; thence leaving said boundary line South 47°52'27?' West 242,60 feet; thence South 80°40'26', West 60.59 feet; thence South 06°47'10'' East 14.88 feet; thence South 70°36'57'' West 20,76 feet'to the beginning, of a tangent curve concave southeasterly and having a radius of 19,69 feet; thence along said Curve southwesterly 12.64 feet through a central angle of 36°46'40"; thence tangent from said curve South 33°49'42" West 89,29 feet; thence' South 29°24'53" West 85,47 feet to the beginning of a tangent curve concave northwesterly and having a radius of 3,28 feet; thence along said curve southwesterly and westerly 5.12 feet through a central angle of 89o22,30.; l~xhibit "^" Winchester P, oad Temporary Conslruction Easement May 24, 2002 10101661-M19 Page 2 of 2 thence tangent from said· curve North 61 ° 12'37" West 12160 feet; thence South 29° 19'59" West 110.11 feet; thence South 81 °21'49" West 44.69 feet to a point on a non-tangent curve in the boundary · line of said Pamel 1, said curve being concave southeasterly and having a radius of 200.00 feet, a radial line of said curve from satd point bears South 70~47'09" East; thence along said boundary line through the following courses: along said curve northeasterly 86.13 feet through a central angle of 24°40'25"; thence tangent from said curve North 43°53'16" East 181.94 feet; thence North 33'58'12" East 69.49 feet; thence North 48°07'50.. East 297.47 feet to the POINT OF BEGINNING. CONTAINING: 16741 Square Feet. SUBJECT TO all covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. Thls description was prepared ,~yMyymond L; Mathe, P.L.S. 6185, license expires 3/3t/06. H:~DATA\I 01016~ I~DMIN'~LBOALS~6 llgl019,wpd lOb ) 200 GRAPHIC.SCALE (~)EXiSTING SCE EASEMENT EXISTING EMWD EASEMENT EXISTING RCWD EASEMENT DATA TABLE NO. 8RNG/O~t. TA RADIUS LD, GTH 1 SS$'55'55'E -- 32,46' 2 $41'59'41"E -- 13,51' 3 S47'52'27'W -- 242.60' 4 NSO'40'26"E -- $0.59' 5 S06'47'10"E -- 14,88' 6 $70°36'57"W -- 20,76' 7 35°46'40" 19,69' 12,64' 8 S33°49'42"W -- 89.29' 9 $29'24'53"W -- 85.47' 10 0g'22'30' 3.28' 5,12' 11 1',161°12'~7"W -- 12.60' 12 S29'10'59"W '-- 110.11' 13 S81'21'49'~ -- 44.69' 14 24'40'25" 200,00' 86.13' 15 N43'53'16'£ '-- 181~94' 16 N33'58'12'E -- 69,49' 17 N48°07'50'£ -. 297,47' ~-C/L W I NCHESTER ROAD' P.O.B. 89,78' / / / / / III ~, Iff 2J4JO ~ SHEET TEMPORARY CONSTRUCTION 'EASEMENT PCL. 2 67'~ Z PlvfB 168/7-9 ~ ! DF ! 'SHEET SCALE MAY 24, 2002 1'=.100' 10101661-M19 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WiTH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41125 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement and temporary construction easement on the property commonly known as 41125 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910- 281-003 ("Subject Property Interests"). The term of the temporary construction easements is twelve (12) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-281-003 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-M6. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M6. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M14 and depicted on Exhibit "B" also marked with JN 10101661-M14. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will R:/Resos2003/Resos 03-~ 1 further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, nodh of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Aisc, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general c irculation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. it determined that that there will be an increase in traffic levels under the Phase ~ - 2002 R:/Resos 2003/Resos 03-__ 2 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 0 1-70 b ut cannot b e m itigated t o a level of insignificance: I ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-~ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos2003/Resos03-__ 4 Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular n~eeting held on the 16th day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNClLMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-~ 5 RBF CONSULTING. 27555 Ynez'Road, Suite 400 Temecula, CA 92591 Revised June 01, 2003 May 24, 20.02 JN 10101661-M0 · Page 1 of 2 EXHIBIT "A" WINCHESTER ROAD That certain parcel of land sitUated in the City of Temecula, Coun'ty of Riverside, State of California, being that portion of Parcel 1 of Parcel MaP No. 19077 filed in Book 13~, Pages 85 and 86 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at .the most northerly corner of said Parcel 1; thence along the boundary line of said parcel through the following courses: South 41°51'27'' East 214.69 feet;. thence' South 03°08'28" West 32.55 feet; thence South 48o07'50'' West 354.2t' feet; thence leaving said boundary line North 45°'06'43" East 74.21 feet to the beginning.of a tangent curve concave southeasterly and having a radius of 4653.53 feet; ' thence along said curve northeasterly 252.55 feet through a central angle of 03°06'34"; thence tangent from said curve North 48° 13!17" East 4.35 feet; thence South 41°~,6'43" East 0.97 feet to a point on a non-tangent curve conoave westerly and having a radius of 41.01 feet, a radial line of. said curve from said point beam North 43°09'14'' West; thence along said curve northerly 61.65 feet through a central angle of 86°08'16"; thence non-tangent from said curve*South ;~9°20'05" West 0.97 feet; thence North 40°39'55" West 55.26 feet to the beginning of a tangent curve concave southwesterly and having a radius of 2580.05 feet; Exhibit "A" Winohestor Road R~vise, d 1une 01, 2003 JN 10101661-M6 Page. 2 of 2 thence along said curve northwesterly 1.0.49 feet through a central angle of 00°13'59'' to the beginning of a reverse curve concave southeasterly and having a radius of 74.80 feet, . a radial line of said curve from said point bears North 49°06'06" East; thence along said curve northwesterly 22.00 feet through a central angle of 16°50~54"; thence North 40°47'03" West t01.98 feet to the northerly line of said Parcel 1; thence along said northerly line North 71 °07'22" East 0.47 feet to the TRUEPOINT OF BEGINNING, CONTAINING: ,3730 Square Feet. SUBJECT TO all Covenants, Rights, Rights,of-Way and Easements of Record. EXHIBIT "B" attached hei'eto and by this reference made a part hereof. This .description was prepared by me or under my direction. ~oma~ i~ Verloop, ~.L.0~,\5348 My license expires 12/31/03. H:~d,,~;aXl 0101661V~DlvIINXLBOAI.SX661164006.v,])d 0 60. 1; 180 GRAPHIC SCALE / 1 N45' 06' 4~"E -- 74.21' 2 N48' 1~' 1T'E -- 4~5, 4 86 08 16. 41.01 61,.65, 5 S~9' 20' 05,,W -- . 0,97, . ~ N~::W 2580,05: ~:~; '~00'. 8 16 50 54 74.80 22.00 '~9'~ ~0 ~1'07'.22"E ~- 0..47 . ~) ' m .~C/L_ WINCHESTER ROAD N48'OT'50"E (N48' 08'~3"E) EXISTING ACCESS'ROAD EASEMENT <~EXISTING SLOPE AND DRAINAGE EASEMENT EXHIDIT 'B' WINCHESTER ROAD SHEET CONBULTINI3 1 DF 1 SHEET ~7655 ~ ROAD, 8k~ 400 gO~.eTe.8042 · FAX90~,~7~.7140 · ~w~BI:.oola REVISED 6/01/03 SCALE MAY 24, 2002 1.=60, 10101661-M6 RBF CONSULTING 27555 Ynez Road, Suite 400 Temeoula, CA 92691 ReviSed June 19, 2002 May24,2002 JN t0101661.M14 Page lof2 EXHIBIT "A" ' WINCHE8TER ROAD TEMPORARY CONSTRUCTION EASEMENT That certain parcel of land situated In the City of Temecula, County of RiverSide; State of California, being that portion of Parcel l of Parcel Map No. le677 filed in Book .135,. .Pages 85 and 86 of Parcel Maps In the Office of the County Recorder of said Riverside County., described as follows: BEGINNING at the most northerly corner of said Parcel 1; thence along the boundary line of said parcel through the following courses: South 41°51'27" East 214..69 feet;, thence South 03°08'28!' West 32.55 feet · t~ence South 48°07'50" West 354~21 feet; thence leaving Said boundary line North 44°53'17" West 17.99 feeti thence Nodh 48~07'50" Easi 65,80 feet; thence North 41 °46°34" West 62.81 feet; thence North 48°13'26" East 169,8{) feet; thence South 41'°46'34" Bast 61,01 feet; thence North ~,8°26'09" East 97,27feet; thence North 02°53'43" East 36,57 feet; thence North 40°85'56" West 118,20 feet.; thence South 48°08'33" West 14.61 feet; l~xldbit "A' 'Wincheater Road .. Temporary Construction Easement Revised June 19, 2002 JN 10101661.M14 Page 2 of 2 thence North 41°51'27" West 87.11 feet to the northwesterly line of'said 'Parcel i; thence along said northwesterly line North 69°23'32" East.34.52. feet to the POINT OF BEGINNINg3. CONTAINING: 22963 Square Feet. SUBJECT TO all Covenants, Rights, RIghts-oi-Way and Easements of Record. EXHIBIT "B" affached hereto and by this reference made a part hereof. This description was prepared' by me or und,,i~,rny direction. J~ond-L. Mathe, P.LS. 6i85, My license explres 3/31/06. H:~)ATA\iOlOt~t~m~OALS~61~iOta.wpd 2~ GRAPHIC SCALE DATA TABl. E~ --- BI~I~/DELTA RADIUS-'~' I $05'08'28"W ~ 32.55' 2 N44'§3'17'W -- 17.99' 3 N48'O?'50"E -- 65,80' 4. N41'46'~4'"W -- 62.81' 5 S4~'46'34"£ -- '61.01' 6 NO2'53'43"E -- 36.57' 7 S48°08"33"W -- 14.61' PM NO. 19677 PMB 155/85-86 PCL . 1 APN 910-281-003 N48' 13°26"E 169.89' I [-- -] .<'~) N48' 26' 09"E I I' ~Z 97.27' S48' 07' 50"W 354.21 r.-C/L.W I NCHESTER. ROAD (~) EXISTIN~ ACCE:SS ROAD EAS~ ~) EXISTING SLOPE AND DRAINAGE EASEMENT (~ .EX! ST I NG. INGRESS AND' EGRESS EASEMENT EXHIBIT ''B' SHEET TEMPORARY CONSTRUCTION EASEMENT = o N a u REVISED 6/19/02 $CAL£ MAY 24, .2002 1 "=80' 1 Of I SHEET PLANNING I DI~BII~IN .I QQNSTRU~t'ION ND, 10101661-M14 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (41005 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement and temporary construction easement on the property commonly known as 41005 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910- 283-001 ("Subject Property Interests"). The term of the temporary construction easements is twelve (12) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-283-001 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-M10. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M10. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M15 and depicted on Exhibit "B" also marked with JN 10101661-M15. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, and Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off- ramp to accommodate the added lane. The Project would also improve the Winchester Road at R:/Resos 2003/Resos 03-__ 1 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further the public health and safety by ensuring adequate traffic circulation in this area and, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It R:/Resos 2003/Resos 03-~ 2 determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 0 1-70 b ut cannot b e m itigated t o a Ievel o f insignificance: I ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-~ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos 2003/Resos 03-~ 4 upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September 2003. A"FI'EST: Jeffrey E. Stone Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CiTY OF TEMECULA) SS I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular meeting held on the 16th day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNClLMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-~ 5 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 9259'1 EXHIBIT "A" WINCHESTER ROAD Revised June· 1, 2003 May 2~l, 2002 'JN 10101661-M10 Page 1 of 1 That certain parcel of land situated in the City ofTemecula, County of Riverside, State Of 'California, being that portion of Parcel 1 of Parcel Map No. 23335 filed in Book. 172, Pages 87 through 89 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly corner of said Parcel !; · thence along tl~e boundary line of said parcel' through the. following, courses: South 48°07'50'' West 161.00 feet; thence North 86°51'48" West 32.53 feet; . thence North 41 °51'27" West 141.36 feet; thence leaving said boundary line South 44°29'50" East 116.60 feet to a point on a non-tangent curve concave northerly and having a radius of 39.57 feet, a radial line of said curve from said point bears North 45°54'18" East; thence along said curve easterly 56.60 feet through a central angle of 81 °57'19"; thence nonrtangent from said curve North 48°13'17" East 143.10 feet,to the northeasterly line of said Parcel 1; thence along said northeasterly line South 41°50'12'' East 9.83 feet to the POINT OF BEGINNING, CONTAINING: 2413 Square Feet, SUBJECT TO all Covenants, Rights, Rights'of-Way and Easements of Record, EXHIBIT '~B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my direction, Thomas E. Verloop, P.L8~48~ My license expires 12/31/03,~ ' l~Pd~tl\l 010166 l~J~lvlll, gll~Al.~661 lgtO 10.wl~d 180 GRAPHIC SCALE PARCEL MAP NO. 23535 PCL. 1 9,o-28 -oo, · .~54 I P,'O.B.- · I 02' % (U4~'o7'4~"E) ~ C/L WINCHESTER ROAD' (~)'EXISTING LANDSCAPE MAINTENANCE' EASEMENT EXISTING MONUMENT WALL ~ LANDSCAPE EASEMENT EXHI]~IT ')3~ W I NCHESTER 'ROAD '1 DATA TABLE (~ BRNG/DELTA 'RAD I.US LENGTH .1 NB6'51'48"W. -- 32.'53' 2 N41'51'27"W .-- i41,36' · 3 S44~29'50"E -- 116,60' 4 81'57'19'~ 39,.57' 56,60' 5 S41'50'12"E -- 9,83' SHEET 1 'Of 1 SHEET CONE~ULTINra REVISED 6/ SCALE MAY 24, 2002 1"=60' 1010166.1-M10' RBF CONSULTING 27555 Ynez Road; Suite 400 Temecula, CA 92591 Revised June 01, 2003 May 24,2002 JN10101661-M15 Page 1 of.2 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT. That certain parcel of land situated in the City of Temecula, County of Riverside, State of Califomia, being that portion of Parcel .1 of Parcel Map' No.. 23335 filed in Book 172, Pages 87 through 89 of Parcel Maps in the Office of the County Recorder of said Riverside · County, descflbed as follows: · . BEGINNING at the most easterly corner of said Parcel ·1; ' thence along the boundary .line of said 'parce! through the following cou?ses: South 48°07~50" West 161.00 feet; thence North 86°51'48" West 32,53 feet; thence North 41Q51'27" West 195.55 feet, to the northerly line of said Parcel 1; thence along said northerly line North 39°40'50'' East 3.51 feet; .thence South 42°31'43" East 169.78 feet to.the beginning of a tangent curve concave northerly and having a radius of 24.61 feet; thence along said curve eastedy 38.37 feet through a central angle Of 89°20'27"; thence tangent from said curve North 48°07'50" East 153,94 feet to the northeasterly line of said Parcel t; .Exhibit "A" Winchester Rood Temporary Construction E~sement Revised 6/0'1/0:3 Bq 10101661-M15 Page 2 of 2 thence along said northeasterly line South 41°50'12" East 25.00 (eet tO the POINT OF BEGINNING. coNTAININO:' 5355 Square Feet. SUBJECT TO ali Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This'"description was prepared by me or under my dlr, ect~en.^ Thomas F_. Verloop, P.1.~S,~48, My license expires 12/31/03~'','' H:~i, dala\t 010 lt6 l~Dlvllttkl,liOAL~t6 ligl0 t ~,',mPd 0 N bJ Z O' 60 120 180 5o.'~ GRAPHIC SCALE . SANT/~ GE:Rff~UOIS cHkt,~-u. ! ¥~ ~.~.· ~:~ PARCEL ~AP jg 25555 ~' PMB 1 APN 910-285-001 TACO BELL ¢OR? DATA TABLE, ~_. T--Bp, Ne/DELTA. RADIUS 1 N86'51'48"W -- .2 89~20'27'' 24.61' 3 $41'50t12"E -- N48°O7'50"E 153.94' .161.00' N48°O7'50"E N48"O7'50"E · "-~ C/L 'W'[ NcHESTER P.O.B. .J ROAD 32,53' 38,37' 25,00' EXISTING .LANDSCAPE MAINTENANCE EASEMENT EXISTING MONUMENT WALL"E LANDSCAPE .EASEMENT · SHEET 1 DF 1'. SHEET EXHIBIT 'B' TEMPORARY CONSTRUCTION EASEMENT REVISED JUNE 01, 2003 SC^L~ MAY 24,.2002 ~"=60~ ~./655 ~EZ ROAD, ~ 400 ~.676.~042. · FAX 9(~,676,7~0 · V/~Jll~ 101016~1-M15 RESOLUTION NO. 03-.__ A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40975 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351,40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40975 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-284-001 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-284-001 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-Ml1. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M11. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M20 and depicted on Exhibit "B" also marked with JN 10101661-M20. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M16 and depicted on Exhibit "B" also marked with JN 10101661-M16. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound R:/Resos 2003/Resos 03-~ 1 right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQ^ Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth ManagementJPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/Resos 03-__ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 b ut cannot b e mitigated t o a Ievel o f insignificance: I ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-~ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos 2003/Resos 03-__ 4 upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16"~ day of September, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CiTY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and r,et~gularly adopted by the City Council of the city of Temecula at a regular n~eeting held on the 16t day of September, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCiLMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-~ 5 'RBF CONSULTING . 27555 Ynez Road, Suite 400 ' Temeoula, CA 02591r May 24, 2002 JN 1010186t~Mll Page 1 of 1 EXHIBIT "A" · WINCHESTER ROAD That certain parcel of land Situated in the City of Temecula, County of Riverside, State of California, being that 'portion of Lot I of Traot No. 27690 'filed In 'Book 248, Pages 39 through 41 of Maps In .the Office. of the County Recorder Of 'said Riverside County, desorlbed as follows: BEGINNING et the most easterly COmer of said Lot '1; 'thence along the boundary line of said lot through the following COurses: South 48°07'50" West 226,35 feet; 'thence North 41°50'12" West 9.83 feet; then.ce leaving said boundary line North 48°13'17" East 226.34 feet to the northeasterly line of said Lot 1; , thence along said northeasterly line South 41'52'10" East 9.47 feet to. the POINT OF BEGINNING.. CONTAINING: 2184 Square Feet. SUBJECT TO all CovenantS, Rights, Rights-of-Way and. Easem, ents of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This desorlptlon was prepared by rne~y direction. .~,e~mon~ Mathe, P.L.S. 6185, '"My license expires 3/31106. H:~PI)A?A\t(~I0 t 661~DMI~LBOAL,S~6 ll~01 i ,~2d SCALE* EXISTING SCEEASEMENT EXISTING LANDSCAPE MAINTENANCE' EASEMENT (C~)EXISTING TRANSPORTATION CORRIDOR 'TRACT NO: 27690 MB 248/59-41 N41'50' 1,2"W LOT 1 APN 910-284--005 TETvlE~A I~EDICAL PARK DEV.. N48~OT:50"E '~C/L. WINCHESTER ROAD SHEET . EXHIBIT WINCHESTER ROAD" L~... ~DNBULTINB · OF I SHEET SCALE MAY 24, 2002 1"=60' !01016.61-Mll RBF CONSULTING 27555 Ynez Road, Suite 400 'Temecula, CA 92691 EXHIBIT "A,' RANCHO CALIFORNIA WATER DISTRICT · WATER EASEMENT May 24, 2002 JN 10101661.M20 Page 1 of t That certain parcel of land situated In the City of Temecula, County of Riverside, State of California, being that portion of Lot I of Tract No. 27690. filed in Book 248, Pages 39 through 41 of Maps in the Office of the County Recorder of said Riverside County, described as follows: COMMENCING at the most southerly comer of said Lot 1; thence along the southwesterly line of said lot North 41°50'12" West 9.83 feet; thence North 48°13'17" East 47.49 feet to the TRUE POINT OF BEGINNING; thence North,42°21'33" West 11.64 feet; thence North 47°38'27" East 1'9.75 feet; thence south 42°21'33" East 11.84 feet; 'thence South 48°1'3'17"'West 19.75 feet to the TRUE POINT OF BEGINNING. CONTAINING.' 232 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT"'B".attached hereto and by this reference made a Part hereof. This 'description was prepared My license expires 3/31/08. H:~PDATA\I 010I~61~D~iI~IO20.~d GRAPHIO SCALE EXISTING'SCE EASEMENT 1 EXISTING LANDSCAPE MAINTENANCE EASEMENT 2 EXISTING 'TRANSPORTATION CORRIDOR 3. ~PROPOSED RIGHT OF WAY 4 5 6 DATA TABLE N41'50'12"W -- 9.8~' N48~13'17"E -- 47.49' N42'21'33"W -- 11.64" N47'38'27"E -= 19.75' S42'21'33"E -- 11.84' S48'13'17"W -- '19.75' TRACT NO. 27690 MB .248/,.,z9'4'1 LOT .1 APN 910-284-005 i,,, N.48'O7'50"E. (N. 48' 08' 08"E. ) ~- C/L WINCHESTER ROAD EXHIBIT RANCHO'CALIFORNIA WATER DISTRICT WATER EASEMENT MAY 24, 2002 1"=60' SHEET JD3 ND 10101661-M20 RBF CONSULTINg3 27666 Ynez Road, Suite 400 Temeoula, CA 92591 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT May 24, 2002 JN 10101661.M16 Page I of I · That certain parcel of land situated In the City of Temecula, County of Riverside, State of California, being that portion of Lot I of Tract No. 27690 filed In Book 248, Pages 39 through 41 of MaPs in the Office of the County Recorder of said Riverside County, described as follows: · BEGINNING at the most easterly comer, of said Lot 1; thence along the boundary line of said lot thrOugh the following courses: South 48°07'50, West 226.35 feet thence North 4'1 '50'12" West 25.00 feet; thence leaving said boundary line North 48°07'50" East 226.34 feet to 'the northeasterly line of said Lot 1; thence, along said northeasterly line South 41 °52'10" East 25.00 feet to the POINT OF BEGINNING. CONTAINING:' 5659 Square Feet; SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" affached hereto and by this reference made a part hereof. · This description was prepared by me~y direction. .l~a~ond L. Mathe, P.L.S. 6185, ~lVly license expires'3131/06.' I-L'~I)ATA\! 010166 I,V~,DI~'q~.,,~O~$118f 016.wpd 'GRAPHIC SCALE (~) EXISTING SCE EASEUENT (~ EXISTING LkNDSCAPE UAINTENANCE EASEUENT (~) EXIST~NS TRANSPORTATION CORRIDOR N41°50' 12"W 'TRACT NO. 276'90 lvfB 248/,.39'4 1 II I LOT 1 I I APN 910-'284-005 il T£MEGULA I~L~'DICAL PARK DEV. · N48' 07' 50 "E U~ N48'O7'50"E 226.34' , .__£__~. _-..~._ N_41' 52~o"w , ~257-~-- -' N48' 07' 50"E m ~ . (N48' 08 ~8"E) C/L W I.NCHESTER ROAD SHEET EXHIBIT 'B' . TEMPORARY CONSTRUCTION EASEMENT I I ' SCALE BAY 24, 2002 1"=60' 1 OF 1 SHEET JQ~ NB, 10101661-U16 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40971 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351,40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40971 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-284-002 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-284-002 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-Ml1. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M11. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M20 and depicted on Exhibit "B" also marked with JN 10101661-M20. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M16 and depicted on Exhibit "B" also marked with JN 10101661-M16. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound R:/Resos 2003/Resos 03-~ I right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR'). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/Resos 03-~ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are pad of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are pad of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the 1-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 b ut cannot b e mitigated t o a level o f insignificance: I ong-term a nd shod-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-~ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos 2003/Resos 03-__ 4 upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16TM day of September, 2003. A'FI'EST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-__ was duly and regularly adopted by the City Council of the city of Temecula at a regular meeting held on the 16th day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-~ 5 RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" WINCHESTER ROAD May 24, 2002 JN 10101661~Mll Page 1 of 1 That certain Parcel of land situated in the City of Temecula, County of Riverside, Stats of California, being that portion of Lot 1 of Tract No. 27690 filed .in Book 248, Pages 39 through 41 of Maps In.the Office of the County Recorder Of 'said Riverside County, described as follows: BEGINNING at the most easterly COmer of said Lot '1; thence along the boundary line of sald lot through the following COurses: South 48°07'50" West 226.35 feet; *thence North 41°60'12'' West 9.83 feet; then.ce leaving said boundary line North 48°13'17" East 226.34 feet.to the northeasterly · line of said Lot '1; thence' along said northeasterly line South 4.1°52'10" East 9.47 feet to the POINT OF BEGINNING., CONTAINING: 2184 Square Feet. SUBJECT TO all CovenantS, Rights, Rights-of-Way and. Easem. ents of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This desorlption was prepared by m~y direction.' M,~y ilmond'C.. Mathe, P.L.8. 6188, cense expires 3131/06. H..%~AI'A\t 0.10166 r, AI~gI, MJ3OAI,S~ IJ~01 L~d · ~RAPHIC SCALE' ~) EXISTING.SCE EASEMENT (~) EXISTING LANDSCAPE MAINTENANCE' EASEMENT (~) EXISTING TRANSPORTATION CORRIDOR 'TRACT NO. 27690 MB 24'8/59-41 LOT I APN 910-284-'005 T~CULA I~/CAL PARK DEV. GP. ' .... ,,~'~o_:w P.O. N48~O7~.50"E .1~ (N48'~'~'OS"E) · C/L W !NCHESTER ROAD SHEET EXHII~IT 'B' WINCHESTER ROAD ~ (] ON 8 UI.TIN(~ MAY 24, 2002 SCAL£ 1"=60' 1 OF 1 SHEET 101016.61-Mll RBF CONSULTING 27655 Ynez Road, Suite 40'0 Temecula, CA 92691 EXHIBIT "A" RANCHO CALIFORNIA WATER DISTRICT ' WATER EASEMENT May 24, 2002 JN 10101061-M20 Page 1 of I That certain parcel of land situated In the City of Temecula, County of Riverside, State of California, being that portion of Lot I ef Tract No. 27690 filed in Book 248, pages 39 through 41 of Maps In the Office of the County Recorder of said Riverside County, described as follows: COMMENCING at the most southerly comer of said Lot 1; thence along, the southwesterly line of said lot North 41°50'12" West 9.83 feet; thence North 48°13'17" East 47.49 feet to the TRUE POINT OF BEGINNING; thence North 42°21'33" West 11.64 feet; thence North 47°38'27'' East 19.75 feetI thence South 42°21'33" East 11.84 feet; thence South 48,13'17" West 19.75 feet to the TRUE POINT OF BEGINNING. CONTAINING: 232'Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B".attached hereto and by this reference made a Part hereof. This description was prepared .by me or My license expires 3131106. H:~DATA\I 0101661 ~DIvflI~4~HQAL~6 ll~1020.v~p d 180 ~APHIC SCALE EXISTING SCE EASEMENT 1 EXISTING LANDSCAPE MAINTENANCE EASEMENT 2 (~EXISTING'TRANSPORTATION CORRIDOR 5 ~PROPOSED RIGHT OF WAY 4 5 6 DATA TABLE N41'50'12"W '-- 9,85° N48'13'17"E -- 47,49' N42'21'33"W -- 11,64" N47'38'27"E -~ 19,75' S42'21'33"E -- 11,8¢' S48'13'17"W -- 19,75' TRACT NO. 27690 MB .245/$9-41 LOT 1 APN 910-284-005 T'~CULA /~DICAL PARK DEV. .~¥-,:~----,- ~----.--,-~? ~Z' ~. ~,.,~.o~,~o-~. ~ ~ N. 48'_.07' 50'"E. ' (N.48'OS'OS"E,) ' .... '~"~C/L WINCHESTER ROAD IsHEET 1 DF 1 SHEET EXHIDIT WATER DISTRICT .. . EE EASEMENT JOE ND, I MA~ 24, 2002 1 RBF CONSULTING 27551~ Ynez Road, Suite 400 Temecula, CA 92691 EXHIBIT "A" WINCHESTER ROAD TEMPORARY'CONSTRUCTION EASEMENT May24, 2002 JN 10101661-M16 Page 1 of.1 'That certain parcel of land situated In the City of Temecula, County of Riverside, state Of California, being that portion of Lot 1 of Tract No. 27690 filed In Book 248, Pages 39 through 41 of Map's in the Office of the County Recorder of said Riverside County, described as follows: . BEGINNING at the most easterly comer of said Lot 1; thence along the boundary' line of said lot through the following courses: South 48°07'50" West 226.35 feet thence North 4'1°50'12" West 25:00 feet; thence leaving said boundary line NOrth 48°07.'50" East 226.34 feet to the northeasterly line of said Lot 1; thence along said northeasterly line South 41~52'10" East 25.00 feet to the POINT OF BEGINNING. CONTAINING: 5659 Square Feet. SUBJECT TO all Covenants, Rights, ~ ghts-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me~Y direction.. .~¥~ond L. Mathe, P.L.S. 6185, ~/ly license expires'3/31/06. ' H:~PDATA\I 010166 I~J}IvIIN'~.,EOALS~611~016,wpd 1; 180 'GRAPHIC SCALE ~>EX]ST]NG SCE EASEMENT EX]ST[NS LANDSCAPE MAINTENANCE EASEMENT EXIST]N~ TRANSPORTATION CORRIDOR TRACT NO. 27690 MB 248/59-4 1 N41°50' 12"W LI_ LOT 1 APN 9 I0-284'-005 TE, WECULA t,~E'D ICAL PARK DEV, .I,148' 07' 50 "E N48'O7'50"E __ZL_ZZ 25. O0 P.O.B. N48'O7'50"E ~ .(N48'OS'~8"E) ' -- C/L WINCHESTER ROAD SHEET EXHIBIT TEMPORARY CONSTRUCTION · :ASEMENT =" '' MAY 24, 2002 1"=60' I DF 1 SHEET JOB NO, 10101661-M16 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40967 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution ara to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California C onstitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedura section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40967 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-284-003 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this referance. Specifically, the legal description to the permanent easement on APN 910-284-003 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-Ml1. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M11. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M20 and depicted on Exhibit "B" also marked with JN 10101661-M20. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M16 and depicted on Exhibit "B" also marked with JN 10101661-M16. The Subject Property Interasts are raquirad for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound R:/Resos 2003/Resos 03-~ I right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/Resos 03-~ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than sighificant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 0 1-70 b ut cannot b e mitigated t o a level o f i nsignificance: I ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Re$os 2003/Resos 03-~ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B' attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos 2003/Resos 03-__ 4 upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular n~eeting held on the 16th day of September, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-~ 5 RBF cONSULTINO 27555 Ynez Road, Suite 400 Temeoule, CA 92691 EXHIBIT "A" WINCHESTER ROAD May24,2002 JN 10101661rMll Page 1 of 1 That certain Parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot I of Tract No. 27690 filed .in Book 248, Pages 39 through 41 of Maps In .the Office of the County Recorder Of 'said Riverside County, described as follows: BEGINNING at the mo~t easterly COmer'of Said Lot '1; thence along the boundary line of said lot through the following COurses: South 48°07'50" West 226.36 feet; 'thence North 41°50'12" West 9.83 feet; then.ce leaving said boundary line North 48°13'17" East 226.34 feet to the northeasterly line of said Lot 1; ~ thence along said northeasterly line South 41°52'10'' East 9.47 feet to the POINT OF BEGINNING.· CONTAINING: 2184 square Feet. SUBJECT TO all Covenants, Rights, Rights-of. Way and. Easem, ents of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by m.~~y direction. ,,,~.. ,,m__o_n__d~._..M_?.e, P.L.S. 6185, · My license expli'es 3/31/06. H:~)ATA\I0.10 t~ I~ADMIN~.BOA~6118101 l.v~d 1; '6RAI:HIC SCALE· EX]STING SCE EASEMENT EXISTING LANDSCAPE MAINTENANCE'EASEMENT ~EXISTING TRANSPORTATI'ON CORRIDOR 'TRACT NO. 27690 tF, B 248/59-41 LOT I · /./~N 910-284"005 TEMEOI.A IXEDICAL PARK DEV. 226.35' ;~B~ N48]OT:50"E ~""--C/L (N48:~'~'OS"E) WINCHESTER ROAD SHEET EXHI]~IT ']~'. WINCHESTER ROAD ' .1~~. · C] 0 N la U I.,TI N 13 I SCALE MAY 24, 2002 1"=60' .... l:_-i ~g.47' 1 .OF 1 SHEET JO~ H~ 10101661-Mll RBF CONSULTING 27555 YnezRoad, Suite 400 Temeoula, CA 92591' May 24, 2002 jN 10t01661-M20 Page 1 of 1 EXHIBIT "A" RANCHO CALIFORNIA WATER DISTRICT * WATER EASEMENT That certain parcel of land situated In the City of Temecula, County of Riverside, State of California, being that portion of Lot 1 of Tract No. 27690 filed in Book 248, Pages 39 through 41 of Maps in .the Office of the County Recorder of said Riverside County, described as follows: ' COMMENCING at the most southerly comer of said Lot 1; thence along the Southwesterly line of said lot North 41°50'12" West 9.83 feet; thence North 48°13'17" East 47.49 feet to the TRUE POINT OF BEGINNING; thence North 42°21'33" West 1 ~1.64 feet; thence North 47°38'27" East .19.75 feet; thence South 42°21'33" East 11.84 feet; thence South 48°13'17"'West 19.75 feet to the TRUE POINT OF BEGINNING. CONTAINING: ' 232 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. 'EXHIBIT "B".affached hereto and by this reference made a Part hereof. · This description was prepared my dlreotlon. ~aymond L. Mathe~ P.LS. 6~8§, My license expires 3131/06. H:~DATA\I 0101661 ~DIdlN~/~AL~ 1 l~020.wpd GRAPHIO SCALE DATA TABLE ~ EXISTING SCL EASEMENT ~ EXiSTiN~ LANDSCAPE "AINTENANCE EAsE"ENT ' · ~o m~ 1/ ~ - 47,49, ~ EXISTI~ '~ANSPORTATI~ CORRIDOR 3 N42]21 6 S48' 13' 17"W -- '19.75' ' ~ I . ' . J APN 9 ' I// H I . ' · ' 'L I / · I I ~A ~ImL PA~ ~EV., e.P, F ~ ...... · I ~, ~m S P:O.C. N; 48~07 ' 50" E. ~':~"~ C/L WINCHESTER ROAD IsHEET 1 nr 1 EXHIBIT 'B' RANCHO CALIFORNIA .m~F.. .WATER DISTRICT 'WATER EASEMENT ~ONaULTiNa' MAY 24, 2002 1 SHEET Ja~ Nn 10101661-U20 ,. ) RBF CONSULTING 27666 Ynez Road, Suite 400 Temeoula, CA 92691 EXHIBIT "A" WINCHESTER ROAD May 24, 2002 · JN 10101661.M16 Page 1 of I TEMPORARY CONSTRUCTIONEASEMENT 'That certain.parcel of land situated in the City of Temecula, County of Riverside, State of California, being.that portion of Lot I of. Tract No. 27690 filed In Book 248, Pages 39 through 41 of MaPs in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly comer of said Lot 1; thence along the boundary line of said lot through the following courses: South 48°07'50" West 226.35 feet thence North 4'1°50'12'~ West 25.00 feet; thence leaving said boundary line North 48°07'50'~ East 226.34 feet to 'the northeasterly line of said Lot 1; thence along said northeasterly line South 41~52'10" East 25.00 feet to the POINT OF BEGINNING. ' CONTAINING: 5669 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" affached hereto and by thls. reference made a part hereof. This description'was prepared by me~y direction. .~r~ond L, Mathe, P.L.S. 6185, ' ~Vly license expires'3/31/06. ' 'GRAPHIC SCALE EXISTING SCE EASEMENT EXISTING LANDSCAPE MAINTENANCE EASEMENT EXISTING TRANSPORTATION CORRIDOR N41°50' 12"W TRACT NO. 276'90 MB 248/59'4 1 I ~ LOT 1 I I APN 910-284-005 I I TE'~A I~DICAL PARK DEV. I F..--. I ~ N48' 07'50"E 226.34' N48'O7'50"E ! 226.35' ;,.,~ ~ N48'O7'50"E 7ZZZIZZZZ _'~_ N41° 52' IO"W 1~-57o6 · P.O.B. C/L WINCHESTER ROAD SHEET EXHIBIT 'B' TEMPORARY CONSTRUCTION ~ EASEMENT '=ON=ULTING OF t SHEET SCALE MAY 24, 2002 1"=60' t0101661-M16 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40963 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40963 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-284-004 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-284-004 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-Ml1. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M11. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M20 and depicted on Exhibit "B" also marked with JN 10101661-M20. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M16 and depicted on Exhibit "B" also marked with JN 10101661-M16. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound R:/Resos 2003/resos 03-~ I right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic c irculation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/resos 03-~ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. in addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 b ut cannot b e mitigated t o a level o f insignificance: ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from ~mplementation of the Harveston Specific Plan have been identified in the Draff EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/resos 03-~ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No, 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos2003/resos03-~ 4 upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September, 2003. A"FI'EST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-. was duly and regularly adopted by the City Council of the city of th Temecula at a regular meeting held on the 16 day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos200~resos03-__ 5 ) INOE'X N; RBF CONSULTING 27555 Ynez Road, 8uite 400 Temeoula, CA 92591 EXHIBIT "A" WINCHESTER ROAD May 24, 2002 JN 10101881~M11 Page 1 of 1 That certain Parcel of land situated in the City of Temecula, County of Rlvemlde, State of California, being that portion of Lot 1 of Tract No. 27690 filed In Book 248, Pages 39 through 41 of Maps In.the Office of the County Recorder of 'said Riverside County, described as follows: BEGINNING at the most easterly COrner of said Lot i; thence along the boundary line of said lot through the following courses: South 48°07'50" West 226.35 feet; 'thence North 41°50'12" West 9.83 feet; then.ce leaving said boundary line North 48°13'17" East 226.34 feet to the northeasterly line of said Lot 1; thence along said northeasterly line South 41°52'10" East 9.47 feet to the POINT OF BEGINNING.. CONTAINING: 2184 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easem. ents of Record. EXHIBIT "B" a~tached hereto and by this reference made a part hereof. This description was prepared by meo~y direction. .,~F~mond"E. Mathe, P.LS. 6185, '"My license expires 3/31/06. H~DATA\t~I 0 t 66 I~IvI~N~OAI.~611~101 l.v~pd 180 'QRAPHIC SCALE' EXISTING SCE EASEMENT EXISTING LANDSCAPE MAINTENANCE' EASEMENT (~)EXISTING TRANSPORTATION CORRIDOR 'TRACT NO, 27690 t~B 248/59-41 N41'50' 12"W LOT 1 APN 9 I0-284-00~y 7'E~A I~C~DICAL PARK D~Y. ~P. N48~O7~50"E '~- C/L W ! NCHESTER ROAD EXHIBIT 'B' W I NCHESTER ROAD ,I .[ SHEET 130 N la U LTIN 13 SCALE 1"=60' 1 DF 1 SHEET JOB ND, MAY 24, 2002 101016.61-Mll RBF CONSULTING 27655 Ynaz Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" RANCHO CALIFORNIA WATER DISTRICT * WATER EASEMENT May 24, 2002 JN 10101661-M20 Page 1 of I That certain parcel of land situated in the City of Temecula, County of Riverside, Stats of California, being that portion of Lot I of Tract No. 27890 filed in Book 248, Pages 39 through 41 of Maps in the Office of the County Recorder of said Riverside County, described as follows: COMMENCING at the most southerly comer of said Lot 1; thence along the southwesterly line of said lot North 41°50'12" West 9.83 feet; thence North 48°13'17" East 47.49 feet to the TRUE POINT OF BEGINNING; thence North 42°21'33" West 11.64 feet; thence North 47°38'27" East 1·9.75 feet; .thence South 42°21'33" East 11.84 feet; thence South 48°13'17" West 19.75 feet to the TRUE POINT OF BEGINNING. CONTAINING: 232 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of. Way and Easements of Record. EXHIBIT "B"attached hereto and by this reference made a part hereof. This description was prepared Zmy direction.. the, P.L.'$. ~85, My license expires 3131106. H:~DATA\I 0 ! 0 ! fi61 ~J)Iv~ ll~1020.wpd .( 6u 1: 180 GRAPHIO SCALE EXISTING SCE EASEUENT 1 EXISTING LANDSCAPE MAINTENANCE EASEMENT 2 EXISTII~'TRANSPORTATION CORRIDOR 3 (~PROPOSED RIGHT OF WAY 4 5 6 DATA TABLE N41'50'12"W -- 9.8~' N48'13'17"E -- 47.49' N42'21'33"W -- 11.64" N47'38'27"E -' 19.75' S42'21~33"E -- 11.84' S48'13'17"W -- '19.75' TRACT NO. 27690 MB 248/59-41 LOT I APN 910-284~00~ TE'tI~CULA I~_.DICAL PARK DEV., G.P, , .,_ "" '~/' ~ l',.,~'OT'SO"~. ~j} ~ ~P.O.B.~ ~ P.O.C. N.48'07' 50"E. (N.48'OS'OS"E,) '~'~'--C/L W!NCHESTER ROAD EXHIBIT RANCHO CALI FORN I A WATER DISTRICT I', WATER EASEMENT MAY 24, 2002 SHEET I:]0 N a UI.TI N (~ ~CALE I I JO~ ND, 1"-60' - 10t01661-~20 RBF CONSULTING 27555 Ynez Road, Suite 400 Temeoula, CA 92691 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT May 24, 2002 JN 10101661-M16 Page 1 of I · That certain parcel of land situated in the City of Temesula, County of Riverside, State of California, being that portion of Lot 1 of Tract No. 27690 filed in Book 248, Pages 39 through 41 of MaPs in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly comer of said Lot 1; thence along the boundary line· of said lot through the following courses: South 48°07'50" West 226.35 feet thence North 41°50'12'' West 25.00 feet; thence leaving said boundary line North 48°07'50'' East 226.34 feet to the northeasterly line of said Lot 1; thence along said northeasterly line South 4752'10" East 25.00 feet to the POINT OF BEGINNING. CONTAINING: 5659 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by thls reference made a part hereof. This description was prepared by me~y direction. ~y llcOnd L. Mathe, P.L.S. 6185, ense expires'3/31/06. ' H:~PDATA\1010166 I~DbllN'L,BOALS~611~1016.v~d 9RAPH[C SCALE EXISTING SCE EASEMENT EXISTING LANDSCAPE MAINTENANCE EASEMENT EXISTING TRANSPORTATION CORRIDOR TRACT NO. 27890 MB248/39-41 N41'50' 12"W __2Eo__o ~_ LOT 1 ~ N46'O7'50"E 226.34' '----.- N48' 07' 50 "E 226.35' ~ N48' 07' 50"E ?ZZZtZZZZ ' L--~_ ~4£s_2~o_-w 1-' ~25.00 I / P.O.B. '~ . (N48' 08 "'~8"E) -- C/L WINCHESTER ROAD SHEET EXHItlIT TEMPORARY CONSTRUCT ION EASEMENT = ' '' 1 OF 1 SHEET I ' SCALE MAY 24, 2002 1"=60' JaB ND, 10101661-M16 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40949 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40949 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-284-006 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-284-006 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-M12. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M12. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M21 and depicted on Exhibit "B" also marked with JN 10101661-M21. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M17 and depicted on Exhibit "B" also marked with JN 10101661-M17. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound R:/Resos 2003/Resos 0~ I right-turn lane, a southbound dedicated leff-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y e nsuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traff~c congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR'). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o p ublic agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/Resos 03-__ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 0 1-70 b ut cannot b e mitigated t o a Ievel o f insignificance: I ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-._ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-06, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based upon any R:/Resos 2003/Resos 03-__ 4 testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September, 2003. A'CrEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of th Temecula at a regular n~eeting held on the 16 day of September, 2003, by the following vote: AYES: COUNClLMEMBERS: NOES: COUNClLMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-__ 5 RBF CONSULTING 278'65 Ynez Road, Suite 400 Temecula, CA 92691 EXHIBIT. "A" WINCHESTER ROAD May 24, 2002 JN 10101561.M12 Page 1 of 1 That certain parcel of land situated in the City of Temecula, County of Riverside, Stats of California, being that portion of Parcel t of Parcel Map No. 28317 filed In BOok 188, Pagss 99 ani~ t00 of. Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly comer of sa d'Pamel 1; thence along the boundary line of said parcel through the following courses: South 48°07'50" West 281.67 feet thence North 41 °52'10" West 9.47 feet; thence leaving said boundary line North 48°13'17" East 281.67 feetto the northeasterly llne of said Parcel 1; thence along said northeasterly line South 41°52'10" East 9.02 feet to the .pOINT OF BEGINNING. CONTAINING: .2604 Square Feet. SUBJECT TO all C0venantsI Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by m~n~y dlre~tlon. ~y i~ceond"L--~athe, P.L.S. 0185, nse expires 3/31/06. H:%PDATA~1010166 I~,DI~M,~JAI~61 ~0 L~Pd GRAPHIC SCALE APN 910-284-00~ TEMECULA ~"DICAL PARK DEV. PHASE II, G.P. PARCEL it, tAP NO. 28517' PICB 188/99-100 PCL. ! L SHEET ! OF l' SHEET ~'r~s Yi, Ez ROAD, IIUITE 4~0 13ONlaULTI N 13 , SCALE I ' Ja~ 1"=60' I 10101661-M12 MAY 24, 2002 ~>ExISTIN6 SCE EASEMENT ~EXISTING ACCESS EASEMENT ~EXISTiN6 TRANSPORTATION CORRIDOR ~EXISTING, LkNDSCAPE MAINTENANCE EASEMENT N48' 07 ~506E (N48' 08'54"E) WINCHESTER ROAD EXHIBIT 'B' WINCHESTER ROAD '~,,.LC/L "-'--?~1 . ~ ,( , -I,~ -- ~I' ~ ~I S48'OT'SO W 281.e7 -----~ ~ '-~) o45 . l.. ~----P.O.B. Ns RBF CONSULTING · 27556 Ynez Road, 8ulte 400 Temeoula, CA g2591 EXHIBIT "A" 'RANCHO CALIFORNIA WATER DISTRICT WATER EASEMENT May 24, 2002 JN 10101661-M21 · Page 1 of 1 That certain parcel of land situated in the City of Temecula,. County of Riverside, State of Califomla, being that' portion of Parcel 1 of Parcel Map No. 28317 filed In Book .188, . Pages 99 and 100 of Parce! Maps In the Office of the County Recorder of said Riverside .County, described as follows: COMMENCING at the most southerly comer of said Parcel 1; thence along .the southwesterly line of said parcel North 41 °52'10" West 9.47 feet; thence 'North 48°13'17" East 82.56 feet to the TRUE POINT oF BEGiNNiNG; thenceNorth 40°58,11. West 12.32 feet; thence North 49°0i'49" East 20.64 feet; thence south 40~58,11,, East 12.03 feet; thence South 48°13'17" West 20.64 feet to the TRUE POINT OF BEGINNING. CONTAINING: 251 Square Feet. · SUBJECT TO all Covenants,.Rights, Rights-of-Way and Easements of Record.. 'EXHIBIT "B'! affached hereto and by this reference made a part hereof.' This description was prepared 4~y~nond L. Mathe, P.L.8. 6185 My Iloense expires 3/31108. I H.'~eDATAt I 0101 ~ I~DIdlI,,~jAI,SV~ 11~021 .v,.pd . 'GRAPHIC SCALE APN g 10-284-00~ TE'~£CUL,,4 ~¢EDI¢AL DEV., PHASE II, @.P. PARCEL MAP NO. 28317 ~ P~B 188/99-100 PCL. 1. ------~ ~ -- -- --'~'~J----I~C~-- _ ~ . _ .... 281.67~-- N48' 07' 50 "E (N48'08.' 54"E) WZNCHESTER ROAD ~ID(ISTING SCE EASEMENT ~)EXISTING ACCESS EASEMENT ~EXISTING TRANSPORTATION CORRIDOR ~)EXISTINGLANDSCAPE MAINTENANCE EASEMENT ~)PROPOSED RIGHT OF WAY DATA TABLE I N41'52°lO"W 2 N48'13'17"E 3 · N40'58'11*W 4 N49'Ol'49"E 5 S40'58'11"E 6 S48'13'17"W BRNG/DELTA RADIUS LENeTH -- 9.47' --. 82.56' -- 12.32' -- 20.64' -- 12.05' -- 20.64' EXHIgIT RANCHO CALIFORN'[A WATER D[STR[CT WATER EASEMEN? .SHEET 1 DF 1 SHEET 009.e",'~.9042 · FAX~9.eTe.7;40 · DAY 24, 2002 1 "=60 ND, 10101661-M21 RBF CONSULTING 27555 Ynez Road, Suite 400 Temeoula, CA 92591 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT May 24, 2002 JN 10!01661-M17 ' Page 1 of 1 That certaln parcel of land situated In the City of Temecula,.County of Riverside, 'State of California, being that portion of Parcel 1 of Parcel Map No. 283.17 filed In Book 188, Pages 99 and 100 of Parcel Maps in the Office of the County Recorder of said Riverside County, desoribed as.follows: BEGINNING at the most eastedy comer of said Parcel 1; thence along the boundary line of said parcel through the fOllowing courses: 'South 48°07'50".West'281.67 feet; thence North 41°52'10" west 25.00 feet; thence leaving said boundary line'North 48°07'50" East 281.67 feet to'the northeasterly · line of said Parcel 1; thence along said northeasterly line SoUth 41°52'10" East 25.00 feet tO the POINT OF BEGINNING.' CONTAINING: 7042 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by {hls reference made a part hereof. This description was prepared My license expires 3/31/06. · GRAPHIC 'SCALE A~N ~O-~e,~-O0~ TEktECULA IdEDiCAL DEV., PHAS~ II', G.P. 25. O0 '~.J~ ~ PARCEL MAP NO. 2851;~ ~ PMB 188/99,100 PCL. 1 ..... -----'~'----J--,-, '35' ~..L;.-. ~'-'~ N48'OT'80"E 281,67 1"---~---~1 ~ %---% S48'07'50"W 281.67' ~ -~- ~,,~4~°52'10" ,..~25,00' i P.O.B, N48' 07' 50"E (N48'OS'54"E) · W!NCHESTER ROAD ~)EXISTING SCE EASEMENT EXISTING ACCESS EASEMENT' · {~EXISTING TRANSPORTATION CORRIDOR EXISTING LANDSCAPE MAINTENANCE EASEMENT SHEET 1 DF I SHEET EXHI]~IT 'B' .,~..,... TEMPORARY CONSTRUCTION EASEMENT MAY 24,: 2002 1 "=60' 10101661-M17 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40945 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution ara to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351,40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40945 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-284-007 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests ara attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-284-007 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-M12. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M12. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M21 and depicted on Exhibit "B' also marked with JN 10101661-M21. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M17 and depicted on Exhibit "B" also marked with JN 10101661-M17. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 Southbound ramp by adding an eastbound R:/Resos 2003/Resos 03-~ I right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The P reject i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/Resos 03-~ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 0 1-70 b ut cannot b e mitigated to a level o f insignificance: I ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-__ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based upon any R:/Resos 2003/Resos 03-.._ 4 testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular n~eeting held on the 16th day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-__ 5 . ,.. ) RBF CONSULTING 27666 Ynez Road, Suite 400 Temeoula, CA 92591 EXHIBIT. "A" WINCHESTER ROAD May 24, 2002 JN 10101661.M12 Page 1 of 1 That certain parcel of land situated In the City of Temecula, County of Riverside, Stats of .California, being that port!on of parcel I of Parcel Map No. 28317 filed In Book i88, Pages 99 an{I 100 Of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly comer of said Pamel 1; thence along the boundary line of said parcel through South 48°07'50" West 281,67 feet thence North 41'52'10" West 9.47 feet; the following courses: 'thence leaving said boundary line North 48°13'17" East 281.67 feet to the northeasterly line of said Parcel 1; thence along said northeesteriy line South 41'52'10" East 9.02 feet tO the POINT OF BEGINNING. CONTAINING: .2604 Square Feet. SUBJECT TO all Covenants Rights, Rights-of-Way and Easements of Record, EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by m~y dlro~tion. ~mond'L-~athe, P.L.S. 6185, ~ly-ilcense expires 3131106, 1! GRAPHIC.SCALE APN 9~0-284-00~ TEEECULA /~EDICAL PARK DEV. PHA~II, ~;P, PARCEL MAP NO. 28317- P~fB 188/99- i O0 PCL. 1 N48.07~50-£ (N48OOO,54.E) C/L WINCHESTER .ROAD " ®ExisTiNG $CE ®~STING ^~ss ~S~ENT ~EXiSTiNG TRANSPORTATION CORR[DOR ~EXiST]NG ~soAPE'MA[NT~ EA~ENT SHEET 1 DF I'SHEET RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591' EXHIBIT "A" 'RANCHO CALIFORNIA WATER DISTRICT WATER EASEMENT · May24, 2002 JN'10101661-M21 Page 1 of 1 That certain parcel of land situated In the City of Temecula,- County of Riverside, State of California, being.that portion of Parcel 1 of Parcel Map No. 28317 filed In Book 188, Pages 99 and 100 of Parcel Maps In the Office of the County Recerde~ of said Riverside County, described as follows:' COMMENCING at the most southerly comer of said Parcel 1; thence along the southwesterly line of said parcel North 41°52°10" West 9.47 feet; thence North 48° 13'17" East 82.56 feet to the TRUE POINT OF-BEGINNi NO; thence North 40°58'11" West t2.32 feet; · thence North 49°0i'49'' East 20.64 feet; thence South 40°58'11" East 12.03 feet; thence South 48°13'17" West 20.64 feet to the TRUE POINT OF BEGINNING. CONTAINING: 25:1 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record 'EXHIBIT'"B'~ attached hereto and by this reference made a part hereof.' . This description was prepared by ~y direction. ~l~ymond L. Mathe, P.L.8:'$185; My license expires 3/31106. H.'~OA?A~] 010 ! 66 iV4OIvlIN~BO~ llL,102 i .v~l 0 '.GRAPHIC SCALE APN 910-284-00~ TEIv/ECULA t~ED.~CAL DEV., PHASE II, G.P. PARCEL MAP NO. 28317 ~ PlvfB 188//99- 100 PCL. 1. N48'O7"50"E (N48'08' 54"E) W!NCHESTER ROAD EXISTING SCE EASEI~T EXISTING ACCESS EASEMENT EXISTING TRANSPORTATION CORRIDOR EXISTING LANDSCAPE MAINTENANCE PROPOSED RIGHT OF WAY DATA TABLE BRN(3/DEI..TA RAD [ US LENel'H EXHIgIT RANCHO CAL[FORNiA WATER DiSTRiCT WATER EASEMENT 1 N41~52' lO,'W 2 N48' 13' 17"E 3 N40'58' 11"W 4 N49'01 '49"E 5 S40'58° 11"E 6 S48' 13' 17"W SHEET ! DAY 24, 2002 1,,=6O, · nF -- 9.47' -- 82.56' ' 12.~2' -- 20.64' -~ 12.03' -- 20.64' 'l SHEET JO~ ND, 10101661-M21 NID 'X 9 RBF CONSULTING 27556 Ynez Road,. Suite 400 Temeoula, CA 92591 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT May24,2002 JN 10!01851-M17 Page lo fl That certain parcel of land situated in the City of Temecula, .County of Riverside, State of California, being that portion of Pamel I of Parcel Map No. 28317 filed in Book 188, Pages 99 and 100 of Parcel Maps in the Office of the county Recorder of said Riverside County, described as follows: BEGINNING at the most easterly comer of Said Parcel 1; thence along the boundary line of said parcel through the'following courses: South 48°07'50" West'281.67 feet; thence North 41°52'10" West 25.00 feet; thence leaving said boundary line'North 48°07'50" East 281.67 feet to the northeasterly line of said Parcel 1; thence along said northeasterly line South 41°52'10" East 25.00 feet to the POINT OF BEGINNING. CONTAINING: 7042 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by {his reference made a part hereof. This description was Prepared by m~y dire~lon. ~ond L.*Mathe, P.L.S. 6185, My. license expires 3131106. H:~DATA\10101661~1D~ list0 t'/.~d 180' · GEAPH! C 'SCALE APN 910-284-00~ TEI~ECULA I~tEDICAL DEV. ,. PI'REE II', G.P. N41 ° 5_.2 -'__10_." ,I~ ..~. PARCEL MAP NO. 28517 P~B 188/99-100 PCL. I N48° 07' 50"E (N48'OS'54"E) W!NCHESTER ROAD ~,,_S41'52"10"1 ,.>25.00' . ~, P.O.B. (~)EX[ST[NG ACCESS EASEUENT (~)EXIST[NG TRANSPORTATION CORR[DOR (~EX[sT[NG LANDSCAPE DAINTEN^NCE EASEUENT SHEET EXHIBIT TEMPORARY CONSTRUCTION ' ,~~,, EASE. IvlENT OON'SULTINm · 1 'OF I SHEET MAY 24.: 2002 I"=60' JO~ ND, 10101661-a17 RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT OF WINCHESTER ROAD (40941 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40941 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN') 910-284-008 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-284-008 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-M12. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M12. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M21 and depicted on Exhibit "B" also marked with JN 10101661-M21. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M17 and depicted on Exhibit "B" also marked with JN 10101661-M17. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound R:/Resos 2003/Resos 03-__ I right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The P reject i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft fIR in a newspaper of general circulation. The City sent copies of the D raft E IR to public agencies, organizations, and individuals. The City also placed copies of the Draft fIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final fIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/Resos 03-~ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 b ut cannot b e mitigated t o a Ievel o f insignificance: ong-term a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from implementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-__ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos 2003/Resos 03-__ 4 upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of September 2003. A'I-I'EST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CiTY OF TEMECULA) SS I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular meeting held on the 16th day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-__ 5 INDEX RBF CONSULTING 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT."A" WINCHESTER ROAD May 24, 2002 JN 10101661-M12 Page 1 of 1 That certain parcel of land situated in the City of Temecula, County of Riverside, State of Callfomla, being that portion of Parcel I of Parcel Map No. 28317 filed in Book 188, Pages 99 and 100 of Parcel Maps in the Office. of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly comer of said Parcel 1; thence along the boundary line of said parcel through the follo~ng courses: South 48°07'50. West 281,67 feet thence North 41°52'10" West 9.47 feet; thence leaving said boundary line North 48°13'17" East 281.67 feet to the northeasterly line of said Parcel 1; thence along Said northeasterly line South 41°52'10'' East 9.02 feet to the POINT OF BEGINNING. CONTAINING: .2604 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by thiS reference made a part hereof. This description was prepared by me,~~y direction. ,,~y limcond"E-'l~athe, P.LS. 6185,' ense'explres 3/31/06. H:~nDATA\I 01016~ I'~D~ALS~6 I1~012,~pd ~RAPHIC SCALE APN 910-284-00~ TEMECULA /~(EDICAL PARK DEV. PHASE II, PARCEL IV/AP NO. 28317 Pit, lB 188/99- 100 PCL. 1 N48' 07 ~ 50"E (N48' 08'54"E) WINCHESTER ROAD (~EXISTING $C~ EASEMENT (~)EXISTING ACCESS EASEMENT (~)EXISTING TRANSPORTATION CORRI,DOR (~EXISTING LANDSCAPE MAINTENANCE EASEMENT EXHIBIT 'B' WINCHESTER ROAD MAY 24, 2002 SHEET 1 BF I'SHEET 130NBULTING ,' JO~ Nn, RBF CONSULTING 27555 Ynez Road, 8ulte 400 Temeoula, CA 92591 EXHIBIT "A" RANCHO CALIFORNIA WATER DISTRICT WATER EASEMENT May 24, 2002 JN 10101681.M21 Page 1 of 1 That certain parcel of land situated in the citY of Temecula,-CountY of Riverside, State of California, being that' portion of Parcel I of Parcel Map No. 28317 filed in Book 188, Pages 99 and 100 of Parce! Maps in the Office of the CountY Recorder of said Riverside County, described as follows: COMMENCING at the most southerly comer of said Parcel 1; thence along the southwesterly line of said parcel North 41 °52'10" West 9.47 feet; thence 'North 48°13'17" East 82.56 feet to the TRUE.POINT OF' BEGINNING; thence North 40°58'11" West 12.32 feet; thence North 49°01'49" East 20.64 feet; thence South 40°58'11" East 12.03 feet; thence South 48°13'17" West 20.64 feet to the TRUE POINT OF BEGINNING. CONTAINING: 251 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B, attached hereto and by this reference made a part hereof.' . This description was prepared by me or direction. ~l~ymond L~ Mathe, P.L.S. 6185, My license expires 3/31/06. H:'~)ATA~10!016~i~J~M~I~iALS~6iifl021 0 180 · GRAPHIC 5'CALE 10-284-005 TE~ECLLA I~EDICAL DEV,, PHASE II, 8. P, PARCEL MAP NO. 28517 Pit,lB 188/99- 100 PCL. I N48*O7'50"E (N48'OS'54"E) WINCHESTER ROAD (~EXISTING SCE EASEMENT ~>EXISTING ACCESS EASEMENT -' <~)EXISTING TRANSPORTATION CORRIDOR (~)EXISTING LANDSCAPE MAINTENANCE EASEMENT ~)PROPOSED RIGHT OF WAY EXHIBIT 'B' DATA TABLE 1 N41'52'10"W -- 2 N48'13'17"E -- 3 N40'58'11"W ~- 4 N49'O1'49"E -- 5 S40'58'11"E -- 6 S48'13'17"W -- SHEET 1 DF RANCHO CALIFORNIA =~=. WATER'DISTRICT WATER EASEMEN? DONaULTIN. 1 MAY 24, 2002 1"=60' ' LENGTH 9.47' 82.56' 12.32' 20.64' 12.03" 20.64' SHEET JDB ND, 10101661-M21 INPEX N -9 RBF CONSULTING 27565 Ynaz Road, Suite 400 Temeoula, CA 92691 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT May 24, 2002 JN 10!01861.M17 Page 1 of I That Certain parCel of land situated in the City of Temecula,.County of Riverside, State of Ca!lfomla, being that portion of ParCel I of ParCel Map No. 283.17 fl ed in Book 188, Pages 99 and 100 of ParCel Maps in the OffiCe of the County Recorder of said Riverside County, desoflbed as.follows: BEGINNING at the most easterly comer of said ParCel 1; thence along the boundary line of said parcel through the following courses:. South 48°07'50" West' 281.67 feet; thence No~h 41°52'10" West 25.00 feet; thence leaving said boundary line North 48°07'50" East 281.67 feet to the northeasterly llne of said Parcel 1; thence along said northeasterly line South 41°52'10" East 25.00 feet t° the POINT OF BEGINNING. CONTAINING: 7042 Square Feet. · SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by {his reference made a part hereof. This description was Prepared by rn~y'dirootion. ~ond L.'Mathe, P.L.S. 6185, My license expires 3/31/06. i~PDATA\1010166 IVtDI~q~Li3O~ tlgl0 t?.vq~d · 'o 1; 180 .GBAPHIC 'SCALE APN 9 I0-284-00~ TEMECULA MEDICAL DEV., PHASE II', ~.P. PARCEL MAP NO. 28517 'PMB 188/99- 100 PCL. 1 N48 ® 07' 50"E '(N48'os'54"E) WINCHESTER ROAD ~_..S41 '52' 10" sroo'. ~ P.O.B. ~EXISTING SCE EASEMENT (~)EXISTING ACCESS EASEMENT (~)EXISTING TRANSPORTATION CORRIDOR (~EXISTING LANDSCAPE MAINTENANCE EASEMENT SHEET EXHIDIT ']Y TEMPORARY CONSTRUCT[ON '~ EASEMENT mONaULTING I OF 1 SHEET ~.~7~)4~ · FAX 009.676.7240, w'QwJtBP.~m SCALE MAY 24/2002 1"=60' RESOLUTION NO. 03- A RESOLUTION OF THE CiTY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE WIDENING AND IMPROVEMENT O F WINCHESTER ROAD (40915 AND 4 0917 WINCHESTER ROAD) THE CITY OF TEMECULA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation, in the County of Riverside, State of California. Section 2. The real property interests described in Section 3 of this Resolution are to be taken for a public use, namely for permanent easements and temporary construction easements in connection with the proposed widening and improvements of Winchester Road ("Project"), and all uses necessary or convenient thereto, pursuant to the authority conferred upon t he City o f Temecula t o acquire property by eminent domain b y California Constitution Article 1, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, and 40404 and California Code of Civil Procedure section 1230.010, et seq. (Eminent Domain Law), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The real property interests the City seeks to acquire are a permanent street easement, public utility easement, and a temporary construction easement on the property commonly known as 40915 and 40917 Winchester Road, Temecula, and identified as Assessor's Parcel Number ("APN") 910-283-005 ("Subject Property Interests"). The term of the temporary construction easements is six (6) months. The legal description of the Subject Property Interests are attached as Exhibits "A" to this Resolution and depicted on Exhibits "B" to this Resolution. Said Exhibits are incorporated herein by this reference. Specifically, the legal description to the permanent easement on APN 910-283-005 is shown on Exhibit "A," which is marked on the top right hand corner with the job number ("JN") 10101661-M13. This permanent easement is depicted on Exhibit "B" also marked with JN 10101661-M13. The legal description of the public utility easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M22 and depicted on Exhibit "B" also marked with JN 10101661-M22. The legal description of the temporary construction easement is shown on Exhibit "A," marked on the top right hand corner with JN 10101661-M18 and depicted on Exhibit "B" also marked with JN 10101661-M18. The Subject Property Interests are required for the construction, widening, and improvements of Winchester Road, including the relocation of utility facilities, which is a public use. Section 4. The Project is consistent with the City's General Plan and with the Harveston Specific Plan. The Project would widen and improve Winchester Road easterly from Jefferson Avenue to approximately 885 feet east of Ynez Road. Specifically, the Project would provide additional through lanes and turning lanes at the intersections of Winchester and Ynez Roads, Winchester Road and Jefferson Avenue, and Winchester and Margarita Roads. The Project would improve Winchester Road at the 1-15 southbound ramp by adding an eastbound R:/Resos 2003/Resos 03-__ I right-turn lane, a southbound dedicated left-turn lane (dual left), and widening the off-ramp to accommodate the added lane. The Project would also improve the Winchester Road at 1-15 northbound ramp by adding a westbound right-turn lane (dual right). These improvements will further t he public health a nd safety b y ensuring adequate traffic circulation i n t his a rea a nd, thus, will prevent unacceptable traffic congestion and unsafe conditions. The Project is also necessary for the public health and safety because it will ensure that traffic circulation and the level of service are maintained at the standard set forth in the Circulation Element of the City's General P lan. The Project i s a Iso necessary t o meet the demands o f anticipated increased traffic volumes in the area resulting from recent and proposed development in the vicinity of the Project area. Section 5. The potential environmental impacts of the Project were studied and analyzed as an integral part of the City Council's adoption on August 14, 2001 of Resolution No. 01-70, A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report prepared for the Harveston Specific Plan and related actions, and adopting the findings pursuant to the California Environmental Act, a Statement of Overriding Considerations, and a Mitigation Monitoring Program in connection therewith for the Harveston Specific Plan, located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limits (Planning Application 00-0189). The street improvements that make up the Project were a condition of approval of the Harveston Specific Plan and related planning applications. Pursuant to section 15082 of the State California Environmental Quality Act ("CEQA") Guidelines, the City on April 1, 1999 issued a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR"). The City received comments in response to the Notice of Preparation. Pursuant to CEQA Guidelines section 15168, the City prepared a Draft EIR to analyze potential adverse environmental impacts of the Harveston Specific Plan. Upon completion of the Draft EIR, the City on November 2, 2000, filed a Notice of Completion with the State Office of Planning and Research. This initiated a 45-day public comment period pursuant to section 15105 of the CEQA Guidelines. Also, in compliance with CEQA and the CEQA Guidelines, the City published a Notice of Availability of the Draft EIR in a newspaper o f general circulation. The City sent copies o f the D raft E IR t o public agencies, organizations, and individuals. The City also placed copies of the Draft EIR in public libraries throughout Riverside County and in City offices. Pursuant to Public Resources Code section 21092.5, the City on February 2001, provided its responses to the fourteen (14) comments received on the Draft EIR. These comments and responses were included as part of the Final EIR. Pursuant to CEQA, in adopting Resolution No. 01-70, the City Council determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, certain environmental impacts associated with the Harveston Specific Plan and related actions will have a less than significant impact on the environment and therefore do not require the imposition of mitigation measures. Specifically, the City Council determined that the Harveston Specific Plan and related actions will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth ManagementJPublic Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. R:/Resos 2003/Resos 03-~ 2 The City Council also determined that the Harveston Specific Plan and related actions will have a potentially significant impact on transportation and circulation in the City. It determined that that there will be an increase in traffic levels under the Phase I - 2002 Scenario. At Phase I, the build-out of the Harveston Specific Plan and related actions are anticipated to generate approximately 12,515 trips per day. All of the study intersections, including those that are part of the Project, were found to operate at LOS "D" or better at all times, with the exception of Winchester Road at Ynez Road and Winchester Road at Margarita Road. Accordingly, because this is considered a significant impact, intersection improvements were identified to allow LOS "D" or better to be maintained at both of these intersections and, thus, reduce this impact to a less than significant level. Specifically, the mitigation measures required a modification of the signal at Winchester Road at Ynez Road to provide both a northbound and southbound right turn overlap phase. The mitigation measures also required the addition of an eastbound through lane on Winchester Road at this intersection. These improvements are part of the Project. In addition, the mitigation measures required certain improvements at the intersection of Winchester and Margarita Roads. The City Council found that with the implementation of certain mitigation measures, the Harveston Specific Plan and related actions' incremental impact on traffic at the projected 2005 build-out scenario can be reduced to a less than significant level. These mitigation measures include the improvements proposed by the Project and discussed above in Section 4. Accordingly, the City Council found and determined that with the implementation of the Harveston Specific Plan and related applications, including the Harveston Specific Plan Circulation Element and mitigation measures, no significant traffic impacts will result from the Harveston Specific Plan and related applications under the Phase I - 2002 and Full Build-out 2005 Scenarios. The Project is comprised of all of the improvements or mitigation measures required by the Final EIR and set forth in the Mitigation Monitoring Program in connection with Winchester Road and the intersections of Winchester Road and Ynez Road, Winchester Road and Jefferson Avenue, Winchester Road at the I-15, and Winchester Road and Margarita Road. In adopting Resolution No. 01-70, the City Council found that it reviewed and considered the Final EIR in evaluating the Harveston Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with CEQA, the State CEQA Guidelines and the City's local CEQA Guidelines. Further, the City Council found that the Final EIR reflects the independent judgment of the City Council. Accordingly, the City Council certified the Final EIR based on the following findings and conclusions: A. Findings. The following significant impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of Resolution No. 01-70 b ut cannot b e mitigated t o a Ievel o f insignificance: ong-terrn a nd short-term project and cumulative air quality impacts. B. Conclusions. 1. All significant environmental impacts from ~mpiementation of the Harveston Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 of Resolution No. 01-70. R:/Resos 2003/Resos 03-~ 3 2. Other reasonable alternatives to the Harveston Specific Plan, which could feasibly achieve the basic objectives of the Harveston Specific Plan, have been considered and rejected in favor of the Harveston Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Harveston Specific Plan override and make infeasible any alternatives to the Harveston Specific Plan or further mitigation measures beyond those incorporated into the Harveston Specific Plan. All of the environmental documentation prepared in connection with Resolution No. 01- 70, including the Final EIR and the Mitigation Monitoring Program, has been reviewed by City staff in connection with the proposed Resolutions of Necessity and on August 4, 2003, pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, staff concluded that no substantial changes have occurred in the Harveston Specific Plan and related applications, of which the street improvements proposed by the Project are an integral part, and that the City has not obtained any new information of substantial importance that would require City staff to undertake further environmental analysis. These environmental findings in connection with the Harveston Specific Plan and related applications and the conditions imposed as part of their approval, are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Section 6. The public use for which the City seeks to acquire the Subject Property Interests, namely street purposes, is a more necessary public use within the meaning of Code of Civil Procedure section 1240.650 than the uses to which public utility easement holders have appropriated those utility easements, which are located in the Subject Property Interests and are affected by the Project Section 7. that: The City Council of the City of Temecula hereby finds and determines A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and least private injury; C. The property described in Exhibits "A" and "B" attached hereto is necessary for the Project; and D. The City made the offer required by section 7267.2 of the Government Code to the owners of record. Section 8. The findings and declarations contained in this Resolution are based upon the record before the City Council on August 12, 2003 and September 16, 2003, including the Agenda Reports dated August 12, 2003 and September 16, 2003 and all documents referenced therein, all of which are incorporated by this reference. These documents include the environmental documents referenced above, Resolution Nos. 01-70, 01-72, 01-73, Ordinance No. 01-08, the City's General Plan, and Development Code. These documents also include the Project Construction Plans, which were approved by the State of California Department of Transportation. The findings and declarations in this Resolution are also based R:/Resos 2003/Resos 03-~ 4 upon any testimony, records and documents produced at the hearing, all of which are incorporated by this reference. Section 9. The City Council of the City of Temecula hereby authorizes and directs the City Attorney's office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the property described on Exhibits "A" and "B" attached hereto. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16~ day of September, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the city of Temecula at a regular r~eeting held on the 16th day of September, 2003, by the following vote: AYES: COUNClLMEMBERS: NOES: COUNClLMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-__ 5 RBF 'CONSULTING 27555 Ynez Road, Suite 400. Temecula, CA 92691 EXHIBIT "A" WINCHESTER ROAD May 24, 2002 JN 1010!551.M13 Page 1 of 1 That certain parcel of land situated In the City of Temecula~ County o[ Riverside, Stats of California, being that portion of Parcel "B" of Lot Line Adjustment No. 95-0122 recorded December 12, 1995 as Instrument No. 412211' of Official Records in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most southerly comer of said Parcel thence along the soutliwestedy line of said Parcel North 41°52'10" West 9.02 feet; thence North 48°13'17" East 106.31 feet ~o the beginning of a tangent curve concave southeasterly and having a radius of 178.30 feet; thence along said curve northeasterly 56.14 feet through a Central angle of 18~02'30" to the s0utheastedy line of said Parcel 'B"; thence along said southeasterly line, non-tangent from said curve South 48°07'50'' West 161.51 feet to the POINT OF BEGINNING. CONTAINING: 1277 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by m~ direction. P~n~ond[., Mathe, P.L.S. 6185, My license expires 3/31/06. PMB 1: 180 ~ · GRAPHIC SCALE PARCEL MAP NO. 28517 188/99-1 O0 PCL . I LLA NO. 95-0122 INST. NO.: 4122'I I, O.R. ('12-12-95.) PCL. B APN 910-28,:7-005 OAN~&'I_O JAId£S F TRUST N48°13'17"E~ .~___106,31' '----.-S48°07'50"W 161.51,.,../i ~44_'13W_/ (R)-- N48' 07' 50"£ ' (N48;"~8 ' 54"E) t'""C/k WI'NCHESTER ROAD PARCEL Iv/AP NO. 23555 PtffB 172/87-89 PCL. 5 ~=18'02'30" ,R=178.30' L=56.14' . (~)EXISTING ACCESS EASEMENT · (~)EXiSTING TRANSPORTATION CORRIDOR ~)EXISTIN~ LANDSCAPE MAINTENANCE EASEI~ENT EXHT:~ZT W!NCHESTER ROAD SHEET I BF 1 .SHEET 130 N 8 I.J LTl N I~ SCALE MAY 24, 2002 1"=60' 10101661-M13 RBF CONSULTING 27555.Ynez Road, Suite 400 Temecula CA 92591 EXHIBIT "A" RANCHO CALIFORNIA WATER DISTRICT WATER EASEMENT Revised january 7, 2003 May 24, 2002 JN 1010~1661.M22 Page I of I This description was prepared by me or under my dlre~lon. -"TThomas E. Verloop, P.'L'~. 5348, My license'expires 12/31/03. That certain pamel of land situated In the City (~f Temecula, County of RiverSide, State of California, being that portion of Parcel 'B" of Lot Line Adjustment No. 95-0122 recorded December 12, .1995 as Instrument No. 412211 of Official Records in the Office of the County Recorder of said Riverside County, described as follows: COMMENCING at the most southerly comer of said Parcel thence along the southwesterly line of said pamel North 41952'10" West 9;02 feet; thence North 48°13'17" East 45.99 feet to the TRUE POINT'OF BEGINNING; thence North 41~50'48" West 5.69 feet; thence North 48°09'12" East 19,69 feet; thence South 41 °50'48" East 5,71 feet; thence South 48° 13'17" West 19.69 feet to the TRUE POINT OF BEGINNING, CONTAINING: 112 Square Feet, SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record, EXHIBIT "B" attached hereto and by this reference made a part hereof. H.'~DATA\I 010166 I'~,DIdlN~I~AI.h~61 l~1012.wpd 11 GRAPHIC SCALE PARCEL MAP. NO. 28517 PMB 189/99- 100 PCL. 1 P.O.C LLA NO. 95-0122 iNST. NO. 412211 O.R. (12-12-95) PCL : B APN 9 ~0-283-005 DANGELO JAI~ES F TRUST N48° 07' 50"E -~ ~N48'OB'54';E) c/L WINCHESTER ROAD DATA TABLE I N4~'52'lO"W -- 9.02' 2 N48°13'lT"E -- 45,99' ~EXIST'ING ACCESS EASEMENT 5 S4'1 50 48 E -- ~"'5,71, . ~EXISTING LANDSCAPE MAINTENANCE' 6 $4B'13'17"~ -- 19,69 / EASEMENT ~/.,~.,~ ~)PROPOSE° RIGHT OF WAY ~' SHEET ! :DF I SHEET RANCHO'CALiFORNiA WATER D~STR]CT .~~,~ REVISED dANUARY 7, 2003 1"=60' i010166~-M22 RBF CONSULTING 27555 Ynez Road, Suite 400 Temeoula, CA 92591 EXHIBIT "A" WINCHESTER ROAD TEMPORARY CONSTRUCTION EASEMENT Revised June 19, 2002 May 24, 2002 JN 10101661~'M18 Page 1 of 1 That certain parcel of land situated In the City of Temecula, County of Riverside, State of California, being that portion of Parcel "B" of Lot Line Adjustment No. 95-0122 mcerded December 12, 1995 as Instrument NO. 412211 of Official Records In the Office of the County Recorder of said Rlvemide County, described as follows: BEGINNING at the most southerly comer of said Parcel "B"; thence along the southwesterly line Of said parcel North 41°52'10" West 25.00 feet; thence North 48~07'50" East 192.98 feet to.the northeasterly line of sald parcel; thence along said northeasterly line South 41°52'10" East 25.0.0 feet to the southeasterly · line of said Parcel "B"; ' thence along said southeasterly line South 48°07'50" West 192.98 feet to the POINT OF BEGINNING. CONTAINING: 4825 Square Feet. SUBJECT TO all' Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT"'B" attached hereto and by this reference made a part hereof, This description was prepared bY me or u~r,,my direction. .~..mond L. Mathe, P.L.S. 6185, My license expires 3/31106. H:~PDATA\10101661Vd)~ llgl018.V~Pd · . GRAPHIC SCAI.~ PARCEL MAP NO. 28J17 188/99-100 PCL. I LLA NO, 95-0122 INST. NO. 41221 I, (12-12-95) PCL. B O.R. ' APN 910-283-005 O~O dANES F TRUST ~ N48'O7'50"E 192.98' ~ / '~ S48'07'50"W 192.98' ' ---" P .O.B. N48'O7'50"E (N48O ~"~, 54.E) ;~'-C/L WINCHESTER ROAD (~)EXISTiNG ACCESS EASEMENT (~ExISTING TRANSPORTATION CORRIDOR (~)EXISTING LANDSCAPE' MAINTENANCE'EASEMENT SHEET 1 EXHIDIT ']~' TEMPORARY CONSTRUCT[ON ~ EASEMENT 130 N 8 U LTl'N{3 REVISED 6/19/02 MAY 24, 2002 SCALE 1"=60' PARCEL MAP NO. 2JJJ5 PMB i72/87-89 PCL. 5. S41'52' IO"E DF I SHEET JOB NO, 10101661-M18 ITEM 21 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FIN//~C~E'~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~ ~ Jim O'Grady, Assistant City Manag'~ September 16, 2003 Appointments for Zone Committee-TUMF & Western Riverside Council of Government PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: Appoint Councilmember Ron Roberts as a Zone Committee Representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Governments; Appoint another City Councilmember as an altemate for the Zone Committee Representative for the Transportation Uniform Mitigation Fee (TUMF) Program for the Western Riverside Council of Governments. BACKGROUND: The Western Riverside Council of Governments (WRCOG) continues to work on implementing the TUMF Program. A key component of this current work phase is the establishment of Zone Committees and how they will operate within the overall administration of the Program. WRCOG is seeking elected officials to become members of Zone Committees. The Southwest Zone for TUMF will consist of representatives from Canyon Lake, Lake Elsinore, Murrieta, Temecula, and the County of Riverside. It is staffs recommendation that Councilmember Ron Roberts be Temecula's Zone Committee Representative as he currently serves on the Board of Directors for the Riverside County Transportation Commission (RCTC). FISCAL IMPACT: ATTACHMENT: None. WRCOG Letter- Zone Committee Appointments for TUMF Program S:\ADAMSA\COUNCIL\TUMF Appointments Staff Report.dot WRCOG Western Riverside Council of Governments County of Riverside · City of Banning · City of Beaumont · City of Calimesa · City of Canyon Lake City of Corona · City of Hornet · City of Lake Elsinore · City of Moreno Valley ° City of Murrieta City of Norco · City of Perris · City of Riverside · City of San Jacinto · City of Temecula Date: August 18, 2003 To: Executive Committed'Members Technical Advisory Committee Members From: Ruthanne Taylor Berger, Deputy Executive D~rector ~;' Subj: Zone Committee Appointments for TUMF Program RECEIVED CITY MANAGER'S OFFICE WRCOG staff continues to work on implementing the TUMF Program. One key ccmponent cf the current work phase will be the Zone Commi~ees .and how they will operate wP.h;n the overall administration of the Program. The first step is to establish who will serve as your jurisdictions Zone Committee representative (elected official) and his/her alternate (elected official). WRCOG is planning a Zone Committee "Kick Off' workshop for the Zone Committee representatives, City Managers, and Public Works Directors with a tentative date during the last week in September. The workshop will include a brief overview of the TUMF, Zone responsibilities, and major program milestones for the next year, and provide opportunities for input on how you would like the Zones to operate (voting structure, meeting schedules, etc). As you recall, when we developed the TUMF Program we purposely remained silent regarding the operational structure of the Zone Committees, preferring instead the Committees would formulate their '~rules." (From an operational standpoint, however, it would be desirable for the Committees to operate similarly.) With the upcoming schedule in mind, it would be appreciated if you would appoint your' City Council representative and alternate to your TUMF Zone during the next few weeks and transmit these names to me. If you have any questions regarding this correspondence or other TUMF Program activities, please feel free to contact me at (909) 955-8304 or by e-msil at Ber,qer~,wrco,q.co,q.ca.us. CC: Rick Bishop, Executive Director Public Works Committee Members Attachment: TUMF Zone Listing 4080 Lemon Street, 3 FloorAnnex, MS1032 · Riverside, CA 92501-3679 · (909) 955-7985 · Fax (909) 787-7991 www. wrcog, cog.ca.us TUMF Zone Listing No~hwestZone City of Corona City of Norco City of Riverside County of Riverside Southwest Zone City of Canyon Lake City of Lake Elsinore City of Murrieta City of Temecula County of Riverside Central Zone City of Moreno Valley City of Perris County of Riverside Pass Zone City of Banning City of Beaumont City of Calimesa County of Riverside Hemet/San Jacinto Zone City of Hemet City of San Jacinto County of Riverside