HomeMy WebLinkAbout041304 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the office of the City Clerk (909) 694-6444.
Notification 48 hours prior to a meeting will enable the City to make reasonable
arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]
AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
APRIL 13, 2004 — 7:00 P.M.
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda
items can be considered and acted upon prior to 10:00 P.M. and may continue all other items
on which additional time is required until a future meeting. All meetings are scheduled to end
at 10:00 P.M.
Next in Order:
Ordinance: No. 2004-03
Resolution: No. 2004-37
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: Joanne Algier
Invocation: Pastor Randy Ponder of Lamb of Life
Flag Salute: Councilman Roberts
ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar
R:\Agenda\041304
1
PRESENTATIONS/PROCLAMATIONS
National Crime Victim's Rights Week Proclamation
California Park and Recreation Society Presentation
Temecula Valley Women's Club Presentation
Temecula Valley Garden Club Proclamation
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.
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of February 28, 2004;
2.2 Approve the minutes of March 16, 2004.
R:Wgenda\041304
Resolution approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of February 27, 2004
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of February 27, 2004.
5 Substitute Agreements and Bonds for Public Improvements in Tract No. 29133 (located
east of Ynez Road and north of Santiago Road)
RECOMMENDATION:
5.1 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. 29133;
5.2 Accept substitute Subdivision Monument Agreement and Subdivision Monument
bond as security for monumentation for Tract Map No. 29133;
5.3 Authorize the release of the existing Faithful Performance and Monumentation
Bonds (in the form of Certificate of Deposits) for Tract Map No. 29133;
5.4 Direct the City Clerk to so advise the developer and surety.
RECOMMENDATION:
6.1 Approve the temporary street closures for portions of Butterfield Stage Road and
Calle Chapos;
6.2 Adopt a resolution entitled:
RAAgenda\041304
7
RESOLUTION NO. 04-,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF BUTTERFIELD
STAGE ROAD AND CALLE CHAPOS (AS SHOWN ON THE
ATTACHED EXHIBITS A AND B) FOR A DURATION OF UP TO
30 DAYS TO ALLOW FOR WATER TRANSMISSION MAIN
CONSTRUCTION
All -Way Stop Control — Meadows Parkway and Royal Oaks Drive
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL
AT THE INTERSECTION OF MEADOWS PARKWAY AND
ROYAL OAKS DRIVE
Acquisition Agreement for the Community Theatre — Project No. PW02-23
RECOMMENDATION:
8.1 Approve and authorize the City Manager to execute in substantially the form
attached hereto the Purchase and Sale Agreement between City of Temecula and
Dennis G. and Patricia A. Munyon Family Trust for the acquisition of certain real
property in the amount of $107,000.00 plus the associated escrow fees;
8.2 Direct the City Clerk to record the document;
8.3 Adopt a resolution entitled:
RESOLUTION NO.04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY
INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS
PERMITTED BY GOVERNMENT CODE SECTION 27281
R:\Ngenda\041304
Approval of Plans and Specifications and authorization to Solicit Construction Bids for
Jefferson Avenue Pavement Rehabilitation —Phase II —from approximately 650 feet south
of Overland Drive to Rancho California Road — PW02-26
RECOMMENDATION:
9.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Jefferson Avenue Pavement
Rehabilitation — Phase 11 from approximately 650 feet south of Overland Drive to
Rancho California Road; Project No. PW02-26.
10 Professional Services Agreement for Geotechnical and Material Testing Services — LOR
/"�,...a....L...:...J l]..... 1— o....L..... ^ D...L.. — 01% o IIA Q+ arm ilr.in Imnrnxmmnnfc —
RECOMMENDATION:
10.1 Approve an agreement with LOR Geotechnical Group, Inc. in an amount not to
exceed $78,690.00 to provide as needed geotechnical and material testing services
for the Pechanga Parkway Phase IIA Storm Drain Improvements - Project No.
PW99-11 SD - and authorize the Mayor to execute the agreement;
10.2 Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency amount of $7,869.00, which is equal to 10% of the agreement
amount.
11 Award the Construction Contract for Proiect No. PW04-03 - Slurry Seal Project — FY
2003-2004
RECOMMENDATION:
11.1 Award a construction contract for Project No. PW04-03 Slurry Seal Project, FY
2003-2004, to American Asphalt South, Inc. in the amount of $515,669.89 and
authorize the Mayor to execute the contract;
11.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $51,566.99, which is equal to 10% of the contract amount.
12 Implementation of Geographic Information Systems (GIS)/Global Positioning System
(GPS) in Police Vehicles
RECOMMENDATION:
12.1 Approve a Pilot Evaluation of GIS/GPS in Police Vehicles.
RAAgenda\041304
13 LNG/CNG Fueling Station Funding
RECOMMENDATION:
13.1 Designate $150,000 of AB 2766 funds as a cost share toward the public access
natural gas fueling station planned at the corner of Diaz Road and Rancho Way;
13.2 Authorize the City Manager to enter into any agreement as deemed necessary with
Down's Commercial Fueling and/or State of California on the utilization of AB 2766
funding.
14 Contract Inspection Services for Building and Safety
RECOMMENDATION:
14.1 Approve an agreement for consultant services with P & D Consultants to provide
supplemental building inspection services to the Building and Safety Department in
an amount of $33,000.00;
14.2 Approve a 10% contingency in an amount of $3,300.00.
15 Opposition of AB 3007 (Plescia) Relating to Open Meetings
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING ASSEMBLY BILL 3007 (PLESCIA)
WHICH DELETES FROM THE BROWN ACT SUBJECTS THAT
MAY BE DISCUSSED IN CLOSED SESSION INCLUDING:
REAL PROPERTY NEGOTIATIONS, ANTICIPATED
LITIGATION, AND LIABILITY CLAIMS
16 Amendment to Sales Tax Audit Agreement
RECOMMENDATION:
16.1 Approve the Fourth amendment to the Sales Tax Consulting Services and Recovery
Agreement with Hinderliter De Llamas and Associates for $25,000;
16.2 Appropriate $25,000 in the Finance Department consulting services budget which is
funded by increased sales tax revenues;
16.3 Increase the sales tax revenue estimates by $167,000.
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
R:\Agenda\041304
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
w+w+++++++r+rrrrrrrwwww+++++++++rrrxx++wwxrxxxxr++xwxww++xx+++rr+xrx+++++++++rrrxw+++++rxx+xxw++++++xxxx+++++++xx
Next in Order:
Ordinance: No. CSD 2004-01
Resolution: No. CSD 2004-04
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak' form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak' form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak"form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CONSENT CALENDAR
Minutes
RECOMMENDATION:
1.1 Approve the minutes of March 23, 2004.
TCSD Proposed Rates and Charges for FY 2004-2005
RECOMMENDATION:
2.1 Adopt a resolution entitled:
R:Wgenda\041304
RESOLUTION NO. CSD 04-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
AKNOWLEDGING THE FILING OF A REPORT WITH RESPECT
TO THE PROPOSED RATES AND CHARGES FOR FISCAL
YEAR 2004-2005 AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING IN CONNECTION THEREWITH
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, April 20, 2004, 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
R:Wgenda\041304
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 2004-01
Resolution: No. RDA 2004-07
CALL TO ORDER: Chairperson Jeff Comerchero
ROLL CALL: AGENCY MEMBERS: Naggar, Roberts, Stone, Washington,
Comerchero
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 shoulcf be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CONSENT CALENDAR
Minutes
RECOMMENDATION:
1.1 Approve the minutes of March 23, 2004.
2 Sale of Aaencv Prooertv — 27500 Jefferson Avenue
RECOMMENDATION:
2.1 Approve an agreement and escrow instructions with Richard and Lisa
Schoenfeld, owners of Kia World, for the sale of Agency -owned property at
275000 Jefferson Avenue.
AGENCY MEMBERS' REPORTS
RAAgenda\041304
ADJOURNMENT
Next regular meeting: Tuesday, April 20, 2004, 7:00 PM City Council Chambers, 43200 Business
Park Drive, Temecula, California.
R:\Agenda\041304
10
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARINGS
Any person may submit written comments to the City Council before a public hearing or
may appear and may be heard in support of or in opposition to the approval of the
project(s) at the time of the hearing. If you challenge any of the project(s) in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to, the public
hearing.
17 De Portola Road Planned Development Overlay (PA03-0721)
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A NEGATIVE DECLARATION FOR A
GENERAL PLAN AMENDMENT, OFFICIAL ZONING MAP
AMENDMENT, AND AMENDMENTS TO THE OFFICIAL
ZONING MAP AND MUNICIPAL CODE ADOPTING THE DE
PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY
ZONING DISTRICT (PLANNING APPLICATION 03-0721)
17.2 Adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE GENERAL PLAN AMENDMENT
FOR PROPERTY LOCATED WEST OF THE INTERSECTION
OF DE PORTOLA AND MARGARITA ROADS (PLANNING
APPLICATION 03-0721)
17.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO.04-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP AND
MUNICIPAL CODE TO INCORPORATE THE DE PORTOLA
ROAD PLANNED DEVELOPMENT OVERLAY ZONING
DISTRICT (PLANNING APPLICATION NO. 03-0721)
18 Environmental Assessment (EA) 103 —Winchester Road Widening
RECOMMENDATION:
18.1 Adopt a Mitigated Negative Declaration for EA-103 —the Winchester Road Widening
Project.
R:Wgenda\041304
11
COUNCIL BUSINESS
19 Opposition of SB 744 (Dunn) Planning/Housing
(At the request of Mayor Naggar and Councilman Stone)
RECOMMENDATION:
19.1 Adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING ASSEMBLY BILL 744 (DUNN) WHICH
TRANSFERS LOCAL LAND USE AUTHORITY TO THE STATE
ALLOWING THE CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT (HCD) THE AUTHORITY
TO OVERRULE LOCAL DECISIONS
20 Veteran's Memorial
RECOMMENDATION:
20.1 Approve the Temecula Duck Pond as the location for the installation of the
Veteran's Memorial;
20.2 Approve the conceptual Master Plan for the Veteran's Memorial entitled "Letters
Home" created by artist Christopher Pardell;
20.3 Approve the agreement between the City of Temecula and the artist Christopher
Pardell for the design, artistic development and sculpture elements of the Veteran's
Memorial entitled "Letters Home" in an amount of $178,307 with a 10% contingency
of $17,831;
20.4 Appropriate an additional amount of $110,435 from General Fund Undesignated
Fund Balance to the Veteran's Memorial project.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next adjourned regular City Council meeting, Tuesday, April 20, 2004, at 7:00 P.M., City
Council Chambers, 43200 Business Park Drive, Temecula, California.
R:Wgenda\041304
12
PROCLAMATIONS
►9
PRESENTATIONS
E „
o �
pro u
❑ Cd
~ C Ocn
to to t4
to tUC E '� �"" CL
° "al C19
= O N c� G' T U W 'O
�l i c m O
>
O3 � U '' ` o 0 `u ." wo
o y o m b° i
tom. V O U U
° O\ U w O 'a)
rz
ID
7 cOd
w O
N ,n � o a, ❑ ° 3 a o a�
o
U Cd
%M U �'
T 0. T
,cl V ,mod "" •��'
.4 �O
N
O U
'C 2 O Grp 'O
Wd Wd a Wd � � Wd �
fY W W a W b
3 3 a 3 c° 3 0 0 3 ti z
It O U U U
ITEM 1
ITEM 2
MINUTES OF A SPECIAL MEETING
OF
THE TEMECULA CITY COUNCIL
FEBRUARY 28, 2004
The City Council convened in a Special Open Session at 12:31 P.M., on Tuesday, February 28,
2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive,
Temecula, California.
Present: 4 Councilmembers: Comerchero, Roberts, Stone, and Naggar
Absent: 1 Councilmember: Washington
ALLEGIANCE
The flag ceremony was presented by Mayor Pro Tern Comerchero.
PUBLIC COMMENTS
No public comments.
CITY COUNCIL REPORTS
No City Council reports.
COUNCIL BUSINESS
1 Senate Bill 87 — Relinquishment of State Route 79 North/South
RECOMMENDATION:
1.1 Adopt a resolution entitled:
RESOLUTION NO. 04 - 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING SENATE BILL 87 STATE ROUTE 79
HIGHWAY RELINQUISHMENT AND OPPOSING
AMENDMENTS THAT WILL PLACE LIMITS OR IMPOSE
RESTRICTIONS ON THE CITY OF TEMECULA TO PROPERLY
CONTROL, OPERATE, AND MAINTAIN STATE ROUTE 79
UNDER THE CITY'S JURISDICTION
City Manager Nelson provided a detailed overview of this issue, noting the following
• That in November 2002, the City Council directed staff to pursue the relinquishment of
both the State Highways within City boundaries from the State of California to the City of
Temecula
• That the main purpose for this request would be so that the City could inject local control
over operations/maintenance, including traffic signal maintenance and coordination
• That Senator Hollingsworth had agreed to carry this legislation to the State legislature
RAMinutes\022804
• That once the Senate Bill were approved, a cooperative agreement between Caltrans
and the City would be negotiated and, at which time, final approval from the California
Transportation Commission would be obtained
• That this process began in January 2003; that in September 2003, the bill was approved
by the Assembly and then by the Senate; that the day it was to be signed by the
Governor, the bill was pulled by Senator Hollingsworth; that the City had found out the
bill was being pulled on the very last day of last year; and that by pulling this bill, it would
rescind both the Assembly and State approvals
• That at a subsequent City Council public meeting, Senator Hollingsworth had stated that
he had received complaints from property owners adjacent to the Bedford Court traffic
signal and as a result, he chose not move this bill forward until the issues related to that
particular traffic signal were discussed and addressed with the adjacent property owners
• That at that time, it was agreed that Councilman Roberts would serve as the liaison to
Senator Hollingsworth and the property owners in an effort to resolve the outstanding
issues as it related to the Bedford Court signal
• That two subsequent meetings were held; that at the first meeting, District No. 8 Director
Mayer confirmed that Caltrans would be the final decision -making authority as it relates
to the future of the Bedford Court traffic signal regardless of whether the City or the
State were to control the highways; that the ultimate and final determining factor lies with
the State of California and Caltrans
• That at the second and final meeting on December 9, 2003, it was agreed that Mr.
Moromarco, adjacent property owner to the Bedford Court intersection, would prepare a
traffic study related to the Bedford Court and SR 79 south corridor; and that the results
of that study would be submitted to Caltrans and the City of Temecula
• That the City had agreed that it would support any final decision made by Caltrans with
respect to the future of the Bedford Court traffic signal based upon the results of that
study; that based upon the City's agreement, Senator Hollingsworth stated that he would
submit SB 87 to the State legislature on January 5, 2004 as an urgency bill, believing
that it would become law as of January 31, 2004; that at no time, was there any
discussion of amendments to the bill, making it contingent upon a 1995 MOU
• That on October 3, 2003, an e-mail was received from Greg Hurner of Senator
Hollingsworth office, conveying that the bill along with the amendments had been
submitted to the Assembly Transportation Committee the week of September 22, 2003;
that the amendments included the urgency clause as well as a correction to Butterfield
Stage Road which was referenced in the current version of the bill; and that those were
the only amendments
• That in January 2004, staff correspondence with Greg Hurner reflected reassurance that
the bill was moving forward and would be approved by the end of January
• That on February 10, 2004, by way of a phone call from Greg Hurner, the City was
apprised that another amendment would be added to SB 87, making the relinquishment
contingent upon the 1995 MOU between the City and Caltrans
• That a MOU is a basic agreement which establishes a framework and which would then
be ultimately adopted by a subsequent formalized final agreement; that additional
studies were to be prepared to make that 1995 MOU valid and substantiated; that those
studies were never completed; that in the City's and Caltrans' opinion, the 1995 MOU is
a completely invalid document which has not been substantiated; that, therefore, the City
would not support the use of such a document to make decisions on the corridors along
SR 79 south and north; that since 1995, a tremendous amount of changes have
occurred in this City and along these corridors; that the City has deviated at least six
different times on ingress and egress points along those two corridors since 1995
• That the City Attorney has serious concerns about the 1995 MOU and tying it to any type
of relinquishment because, in his opinion, it will potentially place the City in a more
litigious situation as it relates to decisions made along that corridor
RAMinutes\022804
• That on February 10, 2004, he was officially informed for the first time that there was
another amendment proposed; that on February 13, 2004, he responded to Mr. Hurner
and detailed why the City would not support the additional amendment and requested
that Senator Hollingsworth and Mr. Hurner move this bill forward as agreed upon at the
December 9, 2003, meeting
• That five days later, he had received a follow-up response from Mr. Hurner stating that
Senator Hollingsworth is requesting the added language to the amendment; that at that
time, he had responded by requesting to refer to the previous e-mail which clearly
identified the City's position
• That on Thursday, February 20, 2004, he had received a phone call from the State
lobbyist, informing the City that Senator Hollingsworth continues to intend to submit SB
87 with the City's opposed amendments
• That on Friday, February 21, 2004, it had been confirmed after talking with the State
lobbyist as well as Vern Lauretzen from Senator Hollingsworth's office that, in fact, SB
87 has been resubmitted to the Assembly Floor with the opposed amendments and as
early as Monday, the Senate Assembly may consider this new bill with the amendments;
and that, therefore, Mayor Naggar called this special meeting
• That on midday February 27, 2004, letters were submitted to the Chair of the Assembly
Transportation Committee, Assembly Majority Leader, the Speaker of the Assembly, and
the Governor as well as Senator Hollingsworth, stating support of the original SB 87 bill
approved but not signed in 2003 and reiterating strong opposition to the amendment that
ties the relinquishment to the 1995 MOU and further requested that if any bill were to
moved forward to the Assembly which has that amendment attached to it, the City could
respectfully request that the bill be referred to the Assembly Transportation Committee
to allow the City of Temecula the opportunity to publicly comment on that amendment
• That staff would be recommending that the City Council adopt the proposed resolution,
outlining the City Council's position as it relates to the opposition of the amendment
connected to the 1995 MOU and that if approved by the City Council, staff will directly
fax those amendments, after today's meeting, to the appropriate contacts.
For Councilman Roberts, City Manager Nelson confirmed that that City, as of late yesterday,
had not received the actual amendment.
If SB 87 were submitted with the amendments referencing the 1995 MOU, City Attorney
Thorson noted, for Councilman Stone, that it would affectively tie Caltrans' hands to be the
determining factor on whether a signal anywhere along SR 79 may be removed; that even if the
relinquishment were approved, Caltrans will continue to have some jurisdiction over the Bedford
Court signal because of its proximity to the off -ramp and the potential for delays and congestion
on the freeway if the area around the on/off ramps were not properly regulated; that the
proposed amendment would require that any changes on SR 79 be consistent with the MOU,
which would raise the MOU to a final agreement and become part of the statute; that the terms
of that MOU would become the baseline, making it very difficult for the City to make any
changes even if the City's traffic study were to indicate a change were warranted; and that the
terms outlined in the MOU are not precise enough to create a clear-cut set of standards for SR
79.
Advising that in the past two weeks, there have been three fatalities on SR 79, Public Works
Director Hughes, for Councilman Stone, noted that the City could accomplish the needed
improvements along SR 79 south and north more expeditiously than if the highways were in
Caltrans' control; that a median is in design; that the median would be designed to local City
standards; that although unsubstantiated, had the median been constructed, the recent accident
due to an illegal U-turn could have been prevented, noting the other accident was a driver
impairment issue. If the City were to take control of these highways, Mr. Hughes advised that
R:\Minutes\022804
Caltrans would save approximately $150,000 to $200,000 annually on maintenance costs, not
including legal and liability obligations; that if the amendments were accepted with the MOU, the
City would still have to adhere to the bureaucratic process of Caltrans and the ability to expedite
projects will not be feasible.
Although no response had been received, City Manager Nelson advised that Senator
Hollingsworth had been invited to this meeting.
Being of the opinion that the last accident with two fatalities would not have occurred had the
highway been under the City's control because a median would have been constructed,
Councilman Roberts stated that the City's control would expedite the construction of this center
median.
Mr. Nelson echoed that the issue at hand is a health and safety issue. At this time, Mr. Nelson
advised that he had just been handed a fax, received late yesterday, from Senator
Hollingsworth office with regard to the proposed amendments.
Referencing verbiage from the 1995 MOU, Public Works Director Hughes, for Mayor Naggar,
stated that a cooperative agreement was not entered into within 12 months of the November 13,
1995 MOU; that to his understanding this MOU was solely a guide; and that Caltrans as well
does not view, at this point in time, the MOU as binding.
Reiterating that as of today, the City is not bound by this MOU, City Attorney Thorson advised
that if the bill were passed with the amendments, the MOU could bind the City, elevating the
MOU from a non -binding, expired document to a State statute; and that prior to the completion
of any improvements, the City would study the issue and, therefore, would have a basis for
determining what improvements may be necessary.
Addressing the public safety issue associated with the passage of this bill, Mr. Darrell
Connerton, 31618 Corte Rosario, Chairman of the Public Traffic Safety Commission, expressed
concern with the passage of SB 87 with the proposed amendments and commented on the
recent fatalities along SR 79.
Questioning the motifs of the parties involved, Mr. Chris Pedersen, 31052 Wellington Circle,
viewed the actions of the Senator as extortion, noting that the City's motif would be in the best
interest of the citizens and that the Senator's motif would be to protect a major campaign
contributor's property in spite of the impact on public safety. Mr. Pedersen urged the City
Council to insist on the passage of SB 87 as originally proposed.
Noting that Senator Hollingsworth has repeatedly demonstrated dishonesty and bad faith in his
dealings with the City, Mr. Paul Jacobs, 3230 Corte Zamora, stated that despite on -going
negotiations and agreements between the City and Senator Hollingsworth's office, the Senator
has proven to be untrustworthy in conducting this piece of public business, stating that by
pulling SB 87 in response to the concerns of a few business acquaintances, demonstrates the
Senator's inability to understand the basic language of government negotiation or the
importance of acting for the greater good of the community over the concerns of a few influential
business owners.
Advising that public safety would as well be a concern of his, Mr. Andy Domenigoni, 31851
Winchester Road, noted that property rights would be another concern of his, advising that the
property owners had never been informed that the traffic signal may be removed. Mr.
Domenigoni stated that although he would have no objection with the City taking control of SR
79 and making the necessary improvements, Mr. Domenigoni advised that the 1995 MOU was
RAMinutes%022804 4
a handshake deal; that a traffic study is being completed; and that he would support the
amendments proposed by Senator Hollingsworth to protect property rights to small businesses.
To further clarify the issue to Mr. Domenigoni, Councilman Stone reiterated that if the City were
to take control of the highway, the City would have no control over the disposition or the
improvements of the signal; emphasized that the City has made public safety a top priority and,
therefore, would be desirous of this relinquishment in an effort to construct the needed medians;
confirmed that if the traffic study were to reflect that the Bedford Court signal must remain to
protect the health and safety of the residents, the City Council would unanimously urge Caltrans
to not remove the signal; and noted that Caltrans has the ultimate authority over this signal.
Viewing himself also as a property rights' advocate, Mayor Naggar stated that, in his opinion, no
inherent property rights exist to retain this traffic signal.
City Manager Nelson reiterated that the passage of SB 87 has nothing to do with the disposition
of the Bedford Court traffic signal; that Caltrans has final authority as it relates to this signal; that
the City will agree with the results of the traffic study; and requested that Senator Hollingsworth
withdraw the opposed amendments, which are not recognized by Caltrans, and move the bill
forward.
City Attorney Thorson further clarified that the 1995 MOU would not be limited to the signal at
Bedford Court and SR 79 south, noting that it would cover every signal and access point on
both SR 79 south and north.
Disappointed with the City Council's actions regarding this matter, Mr. Bob Kowell, 40820 Vista
Murrieta, Murrieta, stated that the City has a political agenda and, therefore, has chosen to take
these actions.
At this time, Mayor Naggar closed the public comment period
As the City Council liaison and after two meetings in an effort to resolve this issue with Senator
Hollingsworth, Councilman Roberts reiterated a previously made comment, noting that there
was as well a handshake deal with Senator Hollingsworth regarding carrying this bill as an
urgency bill in January 2004 and expressing his disappointment with Mr. Hollingsworth not
following through with his commitment.
Conceding that public safety should be everyone's priority, Mayor Pro Tern Comerchero,
therefore, stated that there should be absolutely no reason to not support the passage of this bill
without the proposed amendments unless there be an agenda contrary to what would be best
for the citizens of this City. In closing, Mr. Comerchero stated that the City has no Senate
representation.
In his closing comments, Councilman Stone noted the following
• That the passage of this bill would protect the health and safety of residents and visitors
• That it would enhance vehicular circulation by completing improvements to the highways
• That it would benefit the State of California
• That if the traffic study were to reflect that the signal must remain for the health and
safety of the motorists, the Council would encourage Caltrans to retain the signal
• That the opposed amendments convolute the agreement.
Supporting the adoption of the proposed resolution, Mr. Stone as well requested that the
Council consider the placement of signs throughout the City at various intersections which link
RAMinutes\022804
to SR 79 with the following verbiage from the Mayor and Councilmembers: Future road
improvements to stop carnage on this State Highway 79 north and south are being
politically stalled by Senator Dennis Hollingsworth. Please call Senator Hollingsworth to
urge him to allow the City to take unrestricted control of this highway to improve it and to
immediately stop this dangerous highway through our City.
Because this meeting is a special meeting and because the agenda of this special meeting did
not include the placement of signs, City Attorney Thorson advised that the City Council may not
take action on this matter but that it may be agendized for a future meeting.
Mayor Pro Tern Comerchero requested that additional verbiage be added to the proposed
resolution reflecting that the City Council had met in special session to take the recommended
action.
MOTION: Councilman Stone moved to approve staff recommendation with the addition of the
recommended language as requested by Mayor Pro Tern Comerchero (see above). The motion
was seconded by Councilman Roberts. After additional discussion, this motion ultimately
passed; see below.
At this time, City Clerk Jones read into the record written communication from Councilman
Washington, relaying his support of SB 87 and his opposition to any amendments which would
impose restrictions on the City to properly control, operate, and/or maintain State Route 79
under the City's jurisdiction.
Emphasizing the City's desire to take the appropriate measures to ensure public health, safety,
and welfare, Mayor Naggar echoed that the ultimate authority of this signal will lie with Caltrans,
noting that the City will support whatever the traffic study and Caltrans will request; stated that
the Bedford Court traffic signal will always be under the purview of Caltrans because of its close
proximity to the freeway; and questioned why Senator Hollingsworth involved himself in local
land use issues, referencing special interest. Commenting on the amount future traffic that will
be traveling past the businesses in this area, Mr. Naggar noted that he would not envision a net
loss to the center. In closing, Mr. Naggar advised that this item would be reagendized for the
March 16, 2004, City Council meeting.
At this time, the electronic vote for the previously made motion reflected approval with
the exception of Councilman Washington who was absent.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
No comment.
RAMinutes\022804
ADJOURNMENT
At 1:44 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
March 16, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CIVIC
City Clerk
[SEAL]
R:\Minutes\022804
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
MARCH 16, 2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M.,
on Tuesday, March 16, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present: 5 Councilmembers
Absent:
Councilmember:
Comerchero, Roberts, Stone, Washington, and
Naggar
None
Mayor Naggar congratulated newly elected Supervisor Elect Stone. Although the Redhawk
Annexation will not be final until 2005, Mr. Naggar welcomed the Redhawk residents to the City
of Temecula. Advising that Senator Hollingsworth's office has accepted proposed language by
the City, this matter will be continued to the March 23, 2004, City Council meeting.
PRELUDE MUSIC
The prelude music was provided by the Musician's Workshop Youth Choir — Esther Dernbach,
Director.
INVOCATION
The invocation was given by Pastor Larry Fisher of First Baptist Church of Temecula.
ALLEGIANCE
The flag ceremony was presented by Boy Scout Troop No. 412.
PRESE NTATI O NIPROCLAMATIONS
Certificate of Achievement for attaining Eagle Scout rank — Brendan Paul Lopez
Describing his Eagle Scout project to the Council and viewing public, Mr. Brendan Lopez, with
appreciation, accepted the Certificate of Achievement.
PUBLIC COMMENTS
A. Appreciating the City Council for granting the Musician's Workshop Youth Choir to
perform this evening, Mr. Jon Laskin, 22727 Blueberry, Wildomar, thanked the City for its
continued support and cooperation and briefly highlighted upcoming programs.
B. Mr. Don Jones, 31921 Camino Marea, President of the Chaparral High School
Education Foundation, apprised the viewing public of the Annual Spring Community Parking Lot
Swap Meet and Craft Fair on Saturday, March 20, 2004, from 7:00 A.M. to 2:00 P.M.
Commenting on the Foundation's goal to enrich and expand educational experience by
disbursing several college/vocational scholarships to graduating seniors, Mr. Jones advised that
all fees collected will be allocated to the scholarship fund and will be disbursed to the students
in May.
R:\Minutes\031604
C. In an effort to apprise the public of its location, Mr. Otto Baron, 28681 Pujol Street,
commented on the need for additional signage for the Temecula Museum.
CITY COUNCIL REPORTS
A. Councilman Washington as well congratulated Supervisor Elect Stone on his recent
accomplishment.
Advising of the recent formation of the Western Riverside County Regional Conservation
Agency, Mr. Washington noted that this Board will be given the responsibility to oversee the
Multi Species Habitat Conservation Plan; that this Board will be meeting in the County Board
Chamber on the first Monday of every month at 1:00 P.M.; that he has been appointed as the
City Council representative; and advised that the WRCOG meetings are as well held in
Riverside versus Moreno Valley.
B. As a member of the Indian Gaming Local Community Benefit Committee (SB 621),
Councilman Roberts noted that the City's Indian Gaming Distribution Fund grant application has
been submitted to Pechanga, clarifying that potential funds received by the City would be
utilized to mitigate impacts created by the casino.
Commending Senior Management Analyst Adams on his effort in identifying $150,000
through AB 2766 Subvention Funds, Councilman Roberts advised that the City, through these
funds, has sufficient funds to start the construction of a CNG Fueling Station.
C. Also commending Senior Management Analyst Adams on a job well done, Mayor Pro
Tern Comerchero noted that the construction of a CNG Fueling Station in the City would provide
Riverside Transit Authority with more route flexibility, considering buses use CNG.
Advising that the U.S. Fish and Wildlife Service will be issuing a take permit, with regard
to the Multi Species Habitat Conservation Plan, by the end of May, Mr. Comerchero noted that
once the permits are issued, the implementation of the Plan may commence.
Echoing his fellow Councilmembers, Mr. Comerchero as well congratulated Councilman
Stone on his recent election to the Board of Supervisors.
In closing, Mr. Comerchero welcomed Mr. and Mrs. Elton and Jean Ward to the meeting
and wished them a Happy 64th Wedding Anniversary.
D. Sharing his victory to the Board of Supervisors with his fellow Councilmembers and City
staff, Councilman Stone commented on his campaign message — stop out of control growth,
enhance public safety, and spend citizens' monies wisely. Noting that this will be the first time
in this area's history to have representation on the Board of Supervisors, Mr. Stone relayed his
desire for an affective partnership between the City and the County; thanked the citizens for
their support and vote; and advised that he will be an accessible Supervisor.
Relaying his delight with the growing Summer Months Activities and Recreation in
Temecula (S.M.A.R.T.) Program, Mr. Stone requested that a S.M.A.R.T. Program presentation
be made at a May City Council meeting.
For Mr. Stone, Community Services Director Parker advised that this program will be
listed the next Community Services Department brochure.
R:\Minutes\031604 2
City Manager Nelson informed the Council that this program will be extended, this
summer, to the Redhawk residents.
E. Congratulating Mr. Stone on his recent election to the Board of Supervisors, Mayor
Naggar stated that it will be a difficult challenge to find the replacement for Councilman Stone.
Mr. Naggar questioned whether the Redhawk residents may participate in the Citizen
Corps Program, CAP Program, or participate on a Board or Commission prior to July of 2005.
In closing, Mr. Naggar welcomed the public to the upcoming State of the City Address on
Thursday, March 23, 2004.
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 Minutes
RECOMMENDATION:
2.1 Approve the minutes of February 10, 2004;
2.2 Approve the minutes of February 24, 2004.
3 Resolution approving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 04-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of January 30, 2004.
5 Children's Museum
IG 61*111ri1t8I:1OI7`go]Nk
5.1 Approve an appropriation of $170,000 from Capital Reserves to the Children's
Museum.
RAMinutes\031604 3
Children's Museum Cooperative Agreement
RECOMMENDATION:
6.1 Approve the Cooperative Agreement between the City of Temecula and Friends of
the Temecula Children's Museum for the support of the Temecula Children's
Museum and operation of the Children Museum Gift Shop;
6.2 Approve the Children's Museum Logo and Images License Agreement.
Eden Software Support Agreement
RECOMMENDATION:
7.1 Authorize the purchase of annual Financials and Payroll Software Support from
Eden Systems, Inc. for the total amount of $25,415.25.
8 Purchase and Sale Agreements for property located in Old Town
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 04-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE NORTH SIDE OF MAIN STREET, EAST
OF MERCEDES (APN 922-032-021, -022, AND -028) IN THE
CITY OF TEMECULA
8.2 Adopt a resolution entitled:
RESOLUTION NO. 04-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED ALONG THE EAST SIDE OF MERCEDES NORTH
OF SECOND STREET (APN 922-042-007) IN THE CITY OF
TEMECULA
8.3 Authorize the expenditure in an amount not to exceed $723,000 for acquisition,
escrow, closing costs, appraisal, soils testing, and related fees.
RAMinutes\031604
P
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 04-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF THIRD STREET BETWEEN OLD TOWN FRONT STREET
AND MURRIETA CREEK FOR THE ANNUAL OLD TOWN
BLUEGRASS FESTIVAL EVENT SCHEDULED FOR MARCH 21
AND 22, 2004, AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
10 Amendment No. 2 to Annual Citywide Routine Maintenance Contract
=401L1FilIT, l4ilU711renk
10.1 Approve Amendment No. 2 to the Annual Citywide Routine Maintenance Contract
with Imperial Paving Company, Inc. for an amount of $50,000.00 and authorize the
Mayor to execute the amendment.
11 All -Way Stop Control — La Serena Way and Meadows Parkway
12
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 04-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL
AT THE INTERSECTION OF LA SERENA WAY AND
MEADOWS PARKWAY
RECOMMENDATION:
12.1 Ratify the PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND ERNEST JOE AND ETHYL B. JUBELA FAMILY TRUST for the
acquisition of certain real property APN 910-262-004 in the amount of $662,545.00
plus the associated escrow fees and supercede the originally approved agreement
in the amount of $611,580.00.
RAMinutes\031604
13
14
RECOMMENDATION:
13.1 Accept the construction of the Intersection Traffic Monitoring System and Traffic
Signal Interconnect — Project No. PW99-05 — as complete;
13.2 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond in the amount of 10% of the contract amount;
13.3 Release the Materials and Labor Bond seven months after the filing of the Notice of
Completion if no liens have been filed.
RECOMMENDATION:
14.1 Ratify the payment of back property taxes on the Business Park Drive property
south of City Hall (APN 921-020-079-6) in the amount of $114,562.25.
15 Revised Deposit Agreement — Proposed Roripaugh Ranch Community Facilities District
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 04-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDED AND RESTATED
DEPOSIT/REIMBURSEMENT AGREEMENT — RORIPAUGH
RANCH
MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-15.
Councilman Stone seconded the motion and voice vote reflected approval with the exception of
Councilman Roberts who abstained on Item No. 2.1 and Mayor Pro Tern Comerchero who
abstained on Item Nos. 5 and 6.
With respect to Item No. 6, City Attorney Thorson read the following statement into the record:
Item No. 6 on the Consent Calendar is the approval of a Cooperation
Agreement and a Logo Licensing Agreement between the City of
Temecula and the Friends of the Temecula Children's Museum.
Councilmember Jeff Comerchero's wife, Patricia Comerchero, is the
President of the Board of Directors of the Friends of the Temecula
Children's Museum. The City has received confirmation that the Friends
is a non-profit corporation and that Ms. Comerchero does not receive any
salary, income, or compensation for her service on the Board of Directors.
Additionally, Mr. Comerchero will not participate in the discussion of these
agreements nor in the vote on them. Therefore, these two agreements
are legal under Government Code Section 1090, et seq., provided that:
RWinutes\031604
(1) this disclosure is read into the record of the proceedings and made a
part of the minutes of the Council meeting where they are approved; and
(2) that neither Mr. Comerchero nor Ms. Comerchero serves as the
contact person for the Board to the City in the implementation or
modification of these agreements, however both are free to fully serve on
the Board and participate in all Board and Friends activities with respect
to the Children's Museum.
COUNCIL BUSINESS
Item Nos. 16 -18 were considered together.
16
RECOMMENDATION:
16.1 Hold a public hearing and take testimony from the members of the Rancho
California Business Park Association or their representatives if they ask to be heard
on issues A, B, C, and D set forth below regarding the proposed acquisition of the
Covenants, Conditions, and Restrictions by condemnation for street improvement,
road, and highway purposes in connection with the proposed Diaz Road
Realignment Project;
16.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
16.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject encumbrances;
RESOLUTION NO. 04-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
R:wlinutes\031604
17
18
RECOMMENDATION:
17.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Morter Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
17.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
17.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
RECOMMENDATION:
18.1 Hold a public hearing and take testimony from the property owners or their
representatives if they ask to be heard on issues A, B, C, and D set forth below
regarding the proposed acquisition of the Massie Family Trust Property by
condemnation for street improvement, road, and highway purposes in connection
with the proposed Diaz Road Realignment Project;
18.2 Review the evidence stated and referred to herein and consider all the evidence,
including any testimony received during the public hearing, prior to deciding whether
to adopt a Resolution of Necessity;
If the City Council finds, based on its consideration of the evidence contained and referred
to in this staff report, the testimony and comments received during the public review and
planning process, all other testimony that may be presented, and all other evidence and
records pertaining to this matter, that the evidence warrants the necessary findings as to
the proposed Resolution of Necessity, then staff recommends that the City Council, in the
exercise of its discretion, and upon taking a separate vote on each proposed resolution:
RAMinutesk031604
18.3 Adopt a Resolution of Necessity and authorize and direct that eminent domain
proceedings be filed to acquire the subject property;
RESOLUTION NO. 04-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF, IN
CONNECTION WITH THE REALIGNMENT OF DIAZ ROAD
Advising that Mayor Pro Tern Comerchero, Councilman Roberts, and City staff had met with the
associated property owners, Public Works Director Hughes reviewed the staff report (as per
agenda material), noting the following:
• That to address property owner Massie's concern with regard to the loss of a left -turn
movement off realigned Diaz Road into the property's single driveway, a second
driveway may be feasible further south along the realigned Diaz Road with right in and
right out access
• That with regard to concerns raised by the Massie Trust, a resolution would be
anticipated which would be discussed in open session for a settlement
• That with regard to the Fee owner (Morter), the property owner was pleased with the
City's efforts
• That with regard to the Rancho California Business Park Association, a proposal was
submitted by the Association for settlement with regard to a portion of the issues
involved
• That although unresolved issues remain and continued negotiations will be necessary,
encouraged a resolution will be forthcoming.
Mr. David Beckman, 28835 Single Oak Drive, noted the following:
• That 50% of the properties which will be negatively impacted with this realignment are
owned by him
• That it is difficult to obtain ingress/egress along Single Oak Drive
• That the new parcel created with the realignment of Diaz Road has no provision for a
sidewalk
• That although measures need to be taken, the proposed measures will have an impact
on the Business Park
• That a signal at the upper part of Business Park Drive would be necessary to alleviate
congestion which will further devalue the properties.
Mr. Peter Racobs, 6670 Alessandro, Suite B, Riverside, attorney representing the Rancho
California Business Park Association, reiterated that the City Council will not be able to make
one of the four findings required by law in order to proceed with this condemnation — that an
offer has been made to the owners of the CC&Rs of the Business Park Association.
In response to Mayor Naggar, City Attorney Thorson clarified that adequate notice was given
with regard to the purchase of these properties and that negotiations will continue in an effort to
resolve noted concerns.
Public Works Director Hughes advised that new sidewalks would be installed along the
realigned Diaz Road along the west side and that the remnant parcel, when sold by the City, will
be conditioned to install sidewalks.
R \Minutes\031604
Having met with the associated property owners since the Council last met, Mayor Pro Tem
Comerchero relayed his support of the proposed recommendation.
Echoing Mayor Pro Tem Comerchero's comments, Councilman Roberts expressed support of
the proposal but continued to express concern with the U-turn at Rancho Way.
In response to Councilman Washington, Public Works Director Hughes advised that a traffic
signal would not be warranted at the upper intersection of Business Park Drive; that access
issues are being mitigated with the project; and that the proposed movement changes will
provide safer movements into Mr. Beckman's properties.
In order for the City to recruit more businesses to the Industrial Park area, Councilman Stone
commented on the need for proper ingress/egress for the Business Park; noted that it would be
in the public's best interest to proceed with this project; and advised that negotiations will
continue.
City Attorney Thorson read the resolution by title only.
MOTION: Councilman Stone moved to adopt Resolution No. 03-32. The motion was seconded
by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval.
City Attorney Thorson read the resolution by title only.
MOTION: Councilman Stone moved to adopt Resolution No. 03-33. The motion was seconded
by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval.
City Attorney Thorson read the resolution by title only.
MOTION: Councilman Stone moved to adopt Resolution No. 03-34. The motion was seconded
by Mayor Pro Tem Comerchero and voice vote reflected unanimous approval.
19 Status Update - Senate Bill 87 (Hollingsworth)
(At the request of the entire City Council)
RECOMMENDATION:
19.1 Provide direction to the City staff regarding Senate Bill 87 (Hollingsworth). An oral
update will be provided to the City Council at the meeting.
It was previously noted by Mayor Naggar that this item will be continued to the March 23,
2004, City Council meeting.
CITY MANAGER'S REPORT
Advising that students from Chaparral High School will be filming the State of the City Address,
City Manager Nelson noted that the event will be broadcast on Adelphia (Channel 28) at a later
date, noting that the dates and times will be provided to the Press and will be posted on the
Website. Inviting the public to attend the State of the City, Mr. Nelson advised that the event will
be on Thursday, March 23, 2004, at Pechanga, at 8:00 A.M. and that tickets are still available at
the Chamber of Commerce.
RAMinutes\031604 10
CITY ATTORNEY'S REPORT
With regard to Closed Session Item No. 1, City Attorney Thorson advised that the real property
matters were approved, earlier in the meeting, in Open Session and with regard to Item Nos. 2 —
5 (negotiations for real property and litigation), the City Council provided direction to staff to
pursue those negotiations but that there were no actions to report under the Brown Act. Mr.
Thorson as well noted that Mayor Pro Tern Comerchero was not present for any items
considered in Closed Session.
ADJOURNMENT
At 8:48 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
March 23, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CIVIC
City Clerk
[SEAL]
RAMinutes\031604 11
ITEM 3
RESOLUTION NO. 04-
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 $4,751,371.32.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 13`h day of April, 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
RJResos 2004/Resos 04-
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. 04-_ was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 13`h day of April, 2004 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos 2004/Resos 04-
CITY OF TEMECULA
LIST OF DEMANDS
03/18/04 TOTAL CHECK RUN:
03/25/04 TOTAL CHECK RUN:
04/01/04 TOTAL CHECK RUN:
03/25/04 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 04/13/04 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
GENERALFUND
$ 3,106,898.76
165
RDA DEV-LOW/MOD SET ASIDE
16,580.06
190
COMMUNITY SERVICES DISTRICT
176,147.87
192
TCSD SERVICE LEVEL B
40,243.71
193
TCSD SERVICE LEVEL C
45,148.64
194
TCSD SERVICE LEVEL D
589.14
210
CAPITAL IMPROV PROJECT FUND
881,425.96
261
CFD 88-12 ADMIN EXPENSE FUND
4,445.05
271
HARVESTON CFD 01-2 IMPROVEMENT FUND
2,725.00
280
REDEVELOPMENT AGENCY -CIP PROJECT
46,350.39
300
INSURANCE FUND
11,917.68
320
INFORMATION SYSTEMS
70,457.42
330
SUPPORTSERVICES
8,884.25
340
FACILITIES
18,923.93
475
WOLF CREEK CFD 2003
1,327.25
001
GENERAL FUND
224,992.07
165
RDA DEV-LOW/MOD SET ASIDE
6,226.26
190
COMMUNITY SERVICES DISTRICT
56,179.93
192
TCSD SERVICE LEVEL 8
108.62
193
TCSD SERVICE LEVEL C
5,272.11
194
TCSD SERVICE LEVEL D
793.40
280
REDEVELOPMENT AGENCY -CIP PROJECT
2,506.73
300
INSURANCE FUND
1,037.30
320
INFORMATION SYSTEMS
19,688.31
330
SUPPORTSERVICES
2,799.21
340
FACILITIES
5,702.27
PREPARED BY RETA
TOTAL BY FUND:
SPECIALIST
$ 499,078.40
3,428,914.58
498,072.13
325,306.21
$ 4,751,371.32
$ 4,426,065.11
325,306.21
$ 4,751,371.32
THAT THE FOLLOWING IS TRUE AND CORRECT.
GENIE RO S, DIRECTOR OF FINANCE
' I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
SHAM NELSON, CITY MANAGER
apChkLst
03/18/2004
11:44:OOAM
Final Check List
CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK OF CALIFORNIA
Check #
Date
Vendor
Description
Amount Paid
Check Total
90603
03/18/2004
005126 A E G SOLUTIONS
Auto CAD drawing sup CIP Div
107.35
107.35
90604
03/18/2004
004240 AMERICAN FORENSIC NURSES
DUI Drug & Alcohol Screening
358.50
358.50
90605
03/18/2004
006463 AMERICAN LANDSCAPE
Misc. irrigation repair parks
515.00
515.00
90606
03/18/2004
004022 AMERICAN MINI STORAGE, TE
Mar storage lease for unit B109
153.00
Mar storage lease for unit F105
144.00
297.00
90607
03/18/2004
000747 AMERICAN PLANNING ASSOCI
Ca I.E. Section/Mbrshp:D.Ubnoske
280.00
Zone Practice Publication
65.00
345.00
90608
03/18/2004
004446 AMERICAN SOCIETY OF CIVIL
Renew Membership: A. Attar
185.00
185.00
90609
03/18/2004
004169 ANAHEIM ORANGE COUNTY V
2004 Convention Svcs Directory Ad
1,800.00
1,800.00
90610
03/18/2004
002187 ANIMAL FRIENDS OF THE VALL
Feb animal control services
7,250.00
7,250.00
90611
03/18/2004
000101 APPLE ONE, INC.
Temp Help PPE 03/06 S. Willis
580.80
Temp Help PPE 02/21 S. Willis
580.80
Temp Help PPE 02128 S. Lee
528.00
Temp Help PPE 03/06 S. Lee
528.00
Temp Help PPE 02/28 S. Willis
522.72
Temp Help PPE 02/28 M. Alexander
116.16
Temp Help PPE 02128 C. Brown
60.80
2,917.28
90612
03/18/2004
001323 ARROWHEAD WATER INC
Bottled wtr:PW Maint Crew/West Win
401.12
401.12
90613
03/18/2004
007267 BLOOMER, MONICA
Refund:Gymnastics:Gymstars/Tert2
60.00
60.00
90614
03/18/2004
006721 BOISE CASCADE OFFICE
Delivery & Installation Furniture
234.43
234.43
90615
03/18/2004
006908 C C & COMPANY INC
Clown Family Fun Night 3/19/04
112.50
112.50
90616
03/18/2004
005660 CALIF EMS AUTHORITY
Paramedic Lic Renewal R. Nugent
130.00
130.00
90617
03/18/2004
004556 CALIF PLANNING & DEVEL REP
Annual subscr:CP&DR:#2070
249.00
249.00
90618
03/18/2004
002520 CALIF T'S SCREENPRINTING
Temecula Citizen Corps Shirts
176.71
176.71
Page:1
apChkLst
03/18/2004
11:44:00AM
Final Check List
CITY OF TEMECULA
Page: 2
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90619
03/18/2004
004896 CAPLINGER, DENNIS F.
EnMmmnt:3/20-21 Blue Grass Festival
3,500.00
3,500.00
90620
03/18/2004
000131
CARL WARREN & COMPANY I
Claim adjuster services
253.71
253.71
90621
03/18/2004
002534
CATERERS CAFE
TCSD Budget workshop
50.59
50.59
90622
03/18/2004
006660
CMTA
CMTA Conf 4/19-23 K. Grance
290.00
290.00
90623
03/18/2004
001193
COMP U S A INC
IS Unformatted tapes
1,583.99
Replacement lamp projector
390.03
IS computer supplies
239.62
2,213.64
90624
03/18/2004
007179
COMPUTER SERVICE COMPAN
Feb Traffic Signal Maintenance
7,088.57
Jan Traffic Signal Maintenance
6,904.48
13,993.05
90625
03/18/2004
003986
COZAD & FOX INC
Feb Ldscp Design:Pechanga Pkwy
2,800.00
2,800.00
90626
03/18/2004
003272
DAISY WHEEL RIBBON
GIS supplies
1,709.86
1,709.86
90627
03/18/2004
007479
DOMINGUEZ, LUCY
Refund:Photographing your kids
50.00
50.00
90628
03/18/2004
001669
DUNN EDWARDS CORPORATI
Graffiti removal supplies
205.16
205.16
90629
03/18/2004
001380
E S I EMPLOYMENT SERVICES
Temp Help PPE 03105 D. Kanigowski
1,333.33
Temp Help PPE 03/05 R. Gutierrez
1,192.80
2,526.13
90630
03/18/2004
007364
EMED COMPANY INC
Sign holders for emerg exit plans
120.52
120.52
90631
03/18/2004
003665
EMERITUS COMMUNICATIONS
Feb long distance phone svcs
66.27
66.27
90632
03/18/2004
002939
ENVIRONMENTAL SYSTEMS R
ESRI Maint. for GIS Division
12,737.88
12,737.88
90633
03/18/2004
006487
EUROPEAN CAFE & VINEYARD
Refreshments volunteer recognition
146.97
Refreshments budget meeting
31.25
178.22
90634
03/18/2004
007486
EYERMAN, KIRSTEN
Refund:TemMusicAcad:Jr. Keyboard
55.00
55.00
90635
03/18/2004
000165
FEDERAL EXPRESS INC
Express mail services
75.22
75.22
90636
03/18/2004
003174
FIREHOUSE MAGAZINE
1yr subscription:G. Patterson
30.00
30.00
Page2
apChkLst
03/18/2004
11:44:o0AM
Final Check List
CITY OF TEMECULA
Page: 3
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90637
03/18/2004
000166
FIRST AMERICAN TITLE
Lot Book Reprt: Anguiano
150.00
Lot Book Reprt: Bowman
150.00
300.00
90638
03/18/2004
007476
GASKINS, MARY
Refund:Sports-Intro to Track
75.00
75.00
90639
03/18/2004
007322
GOETTING, RUTH
Refund:Yoga-Lunchtime Fitness
57.00
57.00
90640
03/18/2004
003820
GREYBAR PRINTING SERVICE
Paramedic medical forms
309.78
309.78
90641
03/18/2004
002174
GROUP 1 PRODUCTIONS
Re-edit tourism video
100.00
100.00
90642
03/18/2004
005311
H2O CERTIFIED POOL WATER
CRC/TES Feb pool maint sew
1,882.09
1,882.09
90643
03/18/2004
004811
HEWLETT PACKARD
Stations Mobile Printer for Bt S
400.83
400.83
90644
03/18/2004
007477
HILL, CAROLYN
Refund:Outdoor Sketching
40.00
40.00
90645
03/18/2004
003296
INTL CODE COUNCIL,
'97 UBC Applications Manual
35.97
35.97
90646
03/18/2004
003266
IRON MOUNTAIN OFFSITE
Records mgmt microfilm storage unit
394.25
394.25
90647
03/18/2004
001186
IRWIN, JOHN
TCSD instructor earnings
76.00
76.00
90648
03/18/2004
007483
IWCE 2004
IWCE Conf: J. McBride 3/22-26
1,410.00
1,410.00
90649
03/18/2004
004682
JAURE, JOE G.
FY 02/03 CFD 88-12 Reimbursement
625.73
625.73
90650
03/18/2004
004908
JIFFY LUBE 1878
City Vehicle Maint Svcs:B&S Opt.
32.33
32.33
90651
03/18/2004
007468
JOHN W ILEY & SONS
JPM handbook:golf courses
69.98
69.98
90652
03/18/2004
007363
KANES RIVER
Entrtmmnt:3/20-21:Bluegrass Festival
2,000.00
2,000.00
90653
03/18/2004
001091
KEYSER MARSTON ASSOCIAT
Feb affordable housing svcs
330.00
330.00
90654
03/18/2004
004481
KIMLEY HORN & ASSOCIATES I
Dec Design Svcs: Trail Project
6,254.00
6,254.00
Page3
apChkLst
03/18/2004
11:44:OOAM
Final Check List
CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90655
03/18/2004
003631
KLEINFELDER INC
Jan Geotech Svc:R.C.Bridge Widen
3,466.50
3,466.50
90656
03/18/2004
007353
LEWIS, LYDIA
Refund:Woman's Self -Defense
20.00
20.00
90657
03/18/2004
003726
LIFE ASSIST INC
Paramedic Supplies
433.36
433.36
90658
03/18/2004
004141
MAINTEX INC
TCC Custodial Supplies
130.93
CRC Custodial Supplies
122.36
West Wing Custodial Supplies
34.28
287.57
90659
03/18/2004
002666
MASON & MASON REAL ESTA
Apprasial Svcs: Comm. Theater
4,618.75
Apprasial Svcs: Comm. Theater
1,381.25
6,000.00
90660
03/18/2004
007485
MGM GRAND HOTEL LLC
HtI:IWCE Conf:3/22-26:#PY8423
610.20
610.20
90661
03/18/2004
004951
MIKE'S PRECISION WELDING I
Park Equipment Repair
200.00
200.00
90662
03/18/2004
003163
MINOLTA BUSINESS SYSTEMS
CRC Copier Minolta Excess Copy Ch
712.88
CRC Minolta Copier Svc/Supplies
290.00
1,002.88
90663
03/18/2004
001892
MOBILE MODULAR
Mar Modular Bldg Rental:Stn 92
832.40
832.40
90664
03/18/2004
000883
MONTELEONE EXCAVATING
Var. City Rds Dirt Shoulder Grading
920.00
920.00
90665
03/18/2004
007011
MORRIS MEYERS MAINTENAN
FEB PARK JANITORIAL
4,500.00
4,500.00
90666
03/18/2004
004490
MUSCO SPORTS LIGHTING INC
Various Park Ballfield Lamps
2,243.94
Var Sports Prks Ballfield Lights
207.42
Credit:42 Lamps Returned
.1,832.83
618.53
90667
03/18/2004
007383
N C H CORPORATION
Absorbents for Haz Waste Spills:PW
685.32
685.32
90668
03/18/2004
002898
NIXON EGLI EQUIPMENT COMP
Misc. Parts:PW Asphalt Patch Truck
55.85
55.85
90669
03/18/2004
002139
NORTH COUNTY TIMES
Feb Public Ntcs:Plan/City Clerk
492.36
3/24/04-3/24/05 sub:4199638
100.80
3127/04-3/27/05 sub:4165222
100.80
693.96
Page:4
apChkLst
03/18/2004
11:44:00AM
Final Check List
CITY OF TEMECULA
Page: 5
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90670
03/18/2004
002105
OLD TOWN TIRE & SERVICE
City Vehicle MainURepair Svcs
3,211.17
City Vehicle MainURepair Svcs
269.84
City Vehicle MainURepair Svcs
189.77
City Vehicle MainURepair Svcs
137.42
City Vehicle MainURepair Svcs
77.63
City Vehicle MainURepair Svcs
47.50
3,933.33
90671
03/18/2004
007480
PATTERSON, GLENN
Reimb:Fire House World Cf:2/3-5/04
86.80
86.80
90672
03/18/2004
003663
PECHANGA BAND OF LUISENO
Conf:04/8-9/2004 Ty Davis
149.00
149.00
90673
03/18/2004
003218
PELA
Feb Plan Check Svcs:PIn Dept
6,662.00
Feb Ldscp Pln Ck/Insp.Svcs:Sprt Prk
1,548.00
8,210.00
90674
03/18/2004
000249
PETTY CASH
Petry Cash Reimbursement
354.03
354.03
90675
03/18/2004
000580
PHOTO WORKS OF TEMECULA
Feb Photo Development:CIP Div
12.21
12.21
90676
03/18/2004
006480
PIERRE SPRINKLER &
Vail Ranch Pkwy Mainline Repair
2,158.86
Credit:Billing Error/S-21 V.R. Area
-10.00
2,148.86
90677
03/18/2004
004515
PLASTIC LUMBER COMPANY I
Blank white sign arms: PW Maint
298.40
298.40
90678
03/18/2004
005939
POMMER, APRIL 1.
TCSD Instructor Earnings
64.00
64.00
90679
03/18/2004
000253
POSTMASTER
Express Mail & Postal Svcs
133.50
133.50
90680
03/18/2004
006613
PROJECT MANAGEMENT INST
renew membership: Amer Attar
119.00
119.00
90681
03/18/2004
004457
R J NOBLE COMPANY
Rel. Retention:Pavement Rehab:0213
31,656.20
31,656.20
90682
03/18/2004
002176
RANCHO CALIF BUS PARK ASS
Apr -Jun Diaz Rd Prop. Assn Dues
1,948.77
Apr -Jun C.H. Assn Dues
1,417.29
Apr --Jun C.H. Adj. Prop. Assn Dues
1,169.26
4,535.32
90683
03/18/2004
000262
RANCHO CALIF WATER DIST
Various Water Meters
2,575.31
2,575.31
90684
03/18/2004
000947
RANCHO REPROGRAPHICS
Dupl. Blueprints:J.Wamer Impry
6.47
6.47
90685
03/18/2004
004584
REGENCY LIGHTING
Var Sports Parks Lights/Tennis Courts
675.33
675.33
Pages
apChkLst
03/18/2004
11:44:OOAM
Final Check List
CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90686
03/18/2004
003742
REHAB FINANCIAL CORPORATI
Feb Res Impry Prgm Loan Svcs
8.00
8.00
90687
03/18/2004
002412
RICHARDS WATSON &
Jan 2004 Legal Services
169,163.70
169,163.70
90688
03/18/2004
000266
RIGHTWAY
Equip Rental - Paseo Park
60.78
60.78
90689
03/18/2004
000352
RIVERSIDE CO ASSESSOR
Mar Assessor Maps for B&S Dept
69.00
69.00
90690
03/113/2004
000411
RIVERSIDE CO FLOOD
Oct -Dec Plan Ck Fees:Pechanga Pkw
7,327.78
7,327.78
90691
03/18/2004
000406
RIVERSIDE CO SHERIFFS DEP
January 2004 Booking Fees
6,513.60
6,513.60
90692
03/18/2004
000271
ROBERT BEIN W M FROST & A
Jan Consult Svcs:1-15n9S/Santiago
3,812.03
Credit: Reimb Exceeds Contract Amt
-85.04
3,726.99
90693
03/18/2004
007113
KYLE, SHEILA H.
TCSD Instructor Earnings
795.20
795.20
90694
03/18/2004
001942
S C SIGNS
Nov -Dec Post Public Ntcs Signs:Pln
2,210.00
Jan -Feb Post Public Ntc Signs:Pln
1,785.00
Nov -Dec Post Public Ntc Signs:C.C.
595.00
4,590.00
90695
03/18/2004
005018
SACHER, SUZANNE L.
TCSD Instructor Earnings
72.00
TCSD Instructor Earnings
24.00
96.00
90696
03/18/2004
007487
SALGADO, GASPAR AND CESA
Relocation Assistance Payment
2,000.00
2,000.00
90697
03/18/2004
007487
SALGADO, GASPAR AND CESA
Relocation Assistance Payment
1,550.00
1,550.00
90698
03/18/2004
001500
SAN DIEGO REGIONAL TRAIN
Team Bldg Facilitator:01/20:B&S Opt
500.00
600.00
90699
03/18/2004
000278
SAN DIEGO UNION TRIBUNE
Feb Recruit Ads:H.R. Dept
727.01
727.01
90700
03/18/2004
003492
SCHOLASTIC SPORTS
City Ad/Spring Sports Poster:TVHS
100.00
100.00
90701
03/18/2004
003492
SCHOLASTIC SPORTS
City Ad/Spring Sports Poster:CHS
100.00
100.00
90702
03/18/2004
004609
SHREDFORCE INC
Mar Doc. Shred Svcs:Rcrd Mgmt
110.00
110.00
Page6
apChkLst
03/18/2004
11:44:OOAM
Final Check List
CITY OF TEMECULA
Page: 7
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90703
03/18/2004
000645 SMART & FINAL INC
High Hopes Prgm Supplies
143.56
Meeting Supplies for Fire Prev.
101.57
Neighborhood Events Rec Supplies
40.40
285.53
90704
03/18/2004
000537 SO CALIF EDISON
Mar 2-01-202-7330 Var. Street Lamps
36,652.72
Mar 2-01-202-7603 Arterial St Lt
13,808.87
Feb 2-00-397-5059 Various Mtrs
6,123.29
Mar 2-02-351-5281 CRC
5,298.72
Mar 2-00-987-0775 V.R. St Lt
4,637.94
Feb 2-05-791-8807 Various Mtrs
3,591.10
Mar 2-06-105-0654 Various Mtrs
2,335.37
Mar 2-10-331-1353 Fire Stn 84
893.24
Jan 2-00-397-5067 Correction Pmt
121.83
Mar 2-23-548-1975 Various Mtrs
27.72
Feb 2-14-204-1615 Front St Rdio
20.34
73,511.14
90705
03/18/2004
003840 STRONGS PAINTING
Paint Prk Lot Light Posts:Sports Prk
2,500.00
2,500.00
90706
03/18/2004
007478 SUMMERS, JOANN
Refund:Outdoor Sketching
40.00
40.00
90707
03/18/2004
000305 TARGET STORE
Father/Daughter Date Nite Supplies
159.49
159.49
90708
03/18/2004
004274 TEMECULA VALLEY SECURITY
CRC Locksmith Svcs
100.00
100.00
90709
03/18/2004
000919 TEMECULA VALLEY UNIFIED S
FY 02/03 Field Renovations
19,150.00
19,150.00
90710
03/18/2004
005964 TIM SKOPHAMMER GOLF
TCSD Instructor Earnings
748.00
748.00
90711
03/18/2004
006192 TRISTAFF GROUP
Temp Help We 02/29 Bradley
520.00
520.00
90712
03/18/2004
004001 U C REGENTS
Pest Control Handbook:TCSD
44.89
44.89
90713
03/18/2004
004261 VERIZON CALIFORNIA
Mar xxx-5072 General Usage
4,229.83
Mar xxx-1941 PTA CD TTACSD
58.18
Mar xxx-3851 General Usage
41.09
Credit:Oct-Feb xxx-0073
-3,681.44
647.66
90714
03/18/2004
004789 VERIZON INTERNET SOLUTION
Internet Svcs/EOC Backup @ Stn 84
69.95
69.95
90715
03/18/2004
004848 VERIZON SELECT SERVICES I
Mar Long Distance Phone Svcs
1,490.92
1,490.92
90716
03/18/2004
004200 VERIZON WIRELESS LLC
3/15-6114/04 Pager Rental:Stone
39.28
39.28
Page:7
apChkLst Final Check List Page: 8
03/18/2004 11:44:OOAM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
90717 03/18/2004 001342 WAXIE SANITARY SUPPLY INC CRC Maintenance Supplies 124.19 124.19
90718 03/18/2004 006612 WEATHERPROOFING TECH, I CRC Prev. Roof Maint Prgm
Roof Analysis Core Eval.:Sr Ctr
90719 03/18/2004 003730 WEST COAST ARBORISTS INC Jan Slope Tree Trimming Svcs
Jan Parks Tree Trimming Svcs
Feb Park Tree Trimming Svcs
Feb Slope Tree Trimming Svcs
90720 03/18/2004 003835 WEST COAST SUPPLY Replacement Filters for Pumps: PW
90721 03/18/2004 000621 WESTERN RIVERSIDE COUNC February 2004 TUMF Fees
90722 03/18/2004 000345 XEROX CORPORATION BILLIN Supplies for Copy Center
Supplies for Copy Center
Credit:Returned Drum/Toner Cartr
1,050.00
390.00 1,440.00
8,730.00
6,960.00
4,460.00
1,070.00 21,220.00
70.76 70.76
33,250.00 33,250.00
630.60
296.09
-369.59 557.10
Grand Total All Checks: 499,078.40
PageB
apChkLst
03/25/2004
4:49:52PM
Final Check List
CITY OF TEMECULA
Page: 1
Bank:
union UNION BANK OF CALIFORNIA
Check k
Date
Vendor
Description
Amount Paid
Check Total
290
03/25/2004
000246
PERS (EMPLOYEES' RETIREME
PIERS ER Paid Member Contr Pmt
58,631.99
58,631.99
291
03/25/2004
000444
INSTATAX (EDD)
State Disability Ins Payment
14,857.48
14,857.48
292
03/25/2004
000283
INSTATAX (IRS)
Federal Income Taxes Payment
58,759.96
58,759.96
293
03/25/2004
001065
NATIONWIDE RETIREMENT SO
Nationwide Retirement Payment
18,615.90
18,615.90
294
03/25/2004
000389
U S C M WEST (OBRA),
OBRA - Project Retirement Payment
2,234.28
2,234.28
295
03/24/2004
003562
FIRST AMERICAN TITLE INS. C
apn 910-262-004 French Vly property
666,206.00
666,206.00
90723
03/24/2004
004420
STATE COMP INSURANCE FUN
Annual Workers' Comp Premium
33,814.38
33,814.38
90724
03/25/2004
001523
A M BEST COMPANY, INC.
Subscription renewal:Risk Mgr
134.95
134.95
90725
03/25/2004
004148
AT&T
Long distance svcs: P.D.
174.01
174.01
90726
03/25/2004
000434
ACCELA.COM
04 User Conf:Brown/Ching:7/18-22
850.00
850.00
90727
03/25/2004
003821
ALLSTAR FIRE EQUIPMENT
Thermal Camera for Fire Dept
16,119.75
16,119.75
90728
03/25/2004
004240
AMERICAN FORENSIC NURSES
DUI Drug & Alcohol Screening
352.00
DUI Drug & Alcohol Screening
30.00
Credit: 4 RFS Billed to wmg City
-120.00
262.00
90729
O3/25/2004
001587
AMERICAN PUBLIC WORKS AS
Membership William Hughes 612062
147.50
147.50
90730
03/25/2004
000936
AMERICAN RED CROSS
Community Services Grant to RARC
9,500.00
9,500.00
90731
03/25/2004
005772
AMTEK INC
Cell Phone Accessories: IS
33.62
33.62
90732
03/25/2004
000101
APPLE ONE, INC.
Temp help PPE 3/6 Delarm
586.08
Temp help PPE 3/6 Alexander
128.70
714.78
90733
03/25/2004
002648
AUTO CLUB OF SOUTHERN CA
Membership: Randy West 41878414
44.00
44.00
Page:1
apChkLst
Final Check List
Page: 2
03/25/2004
4:49:52PM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90734
03/25/2004
002541
BECKER CONSTRUCTION SRV
R&R wood street signs to plastic signs
11,435.00
AC saw cutting svcs for Patch Crew
5,000.00
16,435.00
90735
03/25/2004
006721
BOISE CASCADE OFFICE
Office Supplies: Finance
428.72
Comer Desk: Police Dept
234.43
Office Supplies: Finance
227.03
Office Supplies: Finance
195.14
Office Supplies: Finance
67.07
Office Supplies: Finance
10.16
Credit: Return Bridge Desk:Police
-111.93
1,050.62
90736
03/25/2004
007470
BURNETT, BRIAN M
Old Twn Event:Bluegrass Festival
500.00
500.00
90737
03/25/2004
002363
C C P O A
Membership: Lynn Fanene
30.00
30.00
90738
03/25/2004
005384
CALIF BAGEL BAKERY & DELI
Rfrshmnts:Council closed session mtg
219.81
219.81
90739
03/25/2004
000647
CALIF DEPT OF CONSUMER A
Eng Ucense:Steve Beswick 41786
150.00
150.00
90740
03/25/2004
000790
CALIF DEPT OF PESTICIDE
Qualified applicator cert:Wiechec, M.
140.00
140.00
90741
03/25/2004
000398
CALIF MUNI TREASURERS ASS
CMTA Conf:4/19-23:G.Roberts
260.00
260.00
90742
03/25/2004
004971
CANON FINANCIAL SERVICES,
Apr lease pmt for City Copiers
6,797.24
Apr lease pmt for Stn 73 Copiers
328.63
7,125.87
90743
03/25/2004
004006
CARROLL, JOSEPH
Councilmember business photos
382.51
382.51
90744
03/25/2004
004381
CENTER FOR HEALTHCARE
ACLS certification renewal:Medics
50.00
50.00
90745
03/25/2004
004837
CHERRY VALLEY FEED & PET
Supplies for "Kaos" Police K-9
59.80
59.80
90746
03/25/2004
000137
CHEVRON U S A INC
Fuel expense for city vehicles
283.48
283.48
90747
03/25/2004
004405
COMMUNITY HEALTH CHARI
Community Health Charities Payment
163.00
163.00
90748
03/25/2004
004414
COMMUNITY WORKS DESIGN
Pechanga Pkwy soundwall Idscp impr
5,917.14
5,917.14
90749
03/25/2004
001193
COMP U S A INC
Inkjet Printer:Police
1,085.46
Computer Supplies: IS
22.61
1,108.07
Page2
apChkLst
03/25/2004
4:49:52PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90750
03/25/2004
004436
DANA WHARF SPORTFISHING
4/2 excursion: Whale Watching
294.00
294.00
90751
03/25/2004
001393
DATA TICKET INC
Jan parking citation processing secs
140.00
Jan parking citation processing svcs
100.00
240.00
90752
03/25/2004
002990
DAVID TURCH & ASSOCIATES
Mar/Apr Federal lobbyist svcs
6,000.00
6,000.00
90753
03/25/2004
003625
DAVIS, JOHN
TCSD instructor earnings
220.00
220.00
90754
03/25/2004
003945
DIAMOND ENVIRONMENTAL
Portables rental: Bluegrass Festival
340.43
340.43
90755
03/25/2004
000684
DIEHL EVANS & COMPANY LLP
2003 Audit Svcs:Single Audit
1,950.00
1,950.00
90756
03/25/2004
004192
DOWNS COMMERCIAL FUELI
Fuel for city vehicles: TCSD 61343
692.97
Fuel for city vehicles:PW Mntc 61353
517.04
1,210.01
90757
03/25/2004
001380
E S I EMPLOYMENT SERVICES
Temp help PPE 315 Hear
5,783.07
Temp help PPE 315 Rush
2,061.94
Temp help PPE 216 Jones
1,648.83
Temp help PPE 2120 Jones
1,626.54
Temp help PPE 315 Jones
1,616.08
Temp help PPE 315 Cammarota
1,408.38
Temp help PPE 315 Sang
1,270.91
Temp help PPE 315 Novotny
1,231.02
Temp help PPE 315 Lontok
1,200.00
17,846.77
90758
03/25/2004
002390
EASTERN MUNICIPAL WATER
95366-02 Diego Or Ldscp
72.62
72.62
90759
03/25/2004
006746
ECO NOMICS, INC
Trash collection base yr audit
1,147.50
1,147.50
90760
03/25/2004
000161
EDEN SYSTEMS INC
Eden Financials Software Support
31,414.25
Credit: Support Plus
-6,000.00
25,414.25
90761
03/25/2004
005052
EMCOR SERVICE
H.V.A.C. repair @ City Hall
320.46
320.46
90762
03/25/2004
000478
FAST SIGNS
T.Museum exhibit signs
27.15
27.15
90763
03/25/2004
001511
FIELDMAN ROLAPP & ASSOCIA
Financial analysis:Butterfield CFD svc
2,205.70
2,205.70
90764
03/25/2004
000166
FIRST AMERICAN TITLE
Lot Book Rept: Hogan E & C
150.00
150.00
Page3
apChkLst
Final Check List
Page: 4
03/25/2004
4:49:52PM
CITYOFTEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
90765
03/25/2004 003347
FIRST BANKCARD CENTER
TECHMENTOR REGISTRATION
TT TechMentor Conf:4/4-8:Hafeli
1,594.00
HYATT
SN Htl: City Mgr Conf:2/4-6/04
510.66
HYATT
JO Htl: City Mgrs Mtg:2/4-6:0'Grady
435.60
INOAX.COM
TT Canon powershot camera
337.98
CHIVALRY LIMOUSINE LLC
JM Van rental: Old Twn Tour
270.00
KIPLINGER CALIFORNIA LETTE
MN Subscription: Cal Letter
189.00
TARGET STORE
TT Supplies and HP 78
180.51
SOUTHWEST AIRLINES
MN AirFare:San Jose 3119/04
118.70
AMERICAN PUBLIC WORKS AS
WH Nat'l PW week posters
57.00
HUNTINGTON BEACH MRKT B
SN Meal: City Mgr Conf:2/4-6/04
42.32
RED ROBIN
TT Refrshmnts: Business Mtg
34.59
MARIE CALLENDER
MN Refshmnts:Business Mtg
24.46
ROSAS CANTINA RESTAURAN
SJ Refreshments: Staff Budget Mtg
23.02
STADIUM PIZZA
SJ Refrshmnts:Election coverage svcs
20.47
EARTHLINK INC
TT Internet svcs: Unlimited dail-up
10.97
AMPCO PARKING
MN Parking fees
1.00
3,860.28
90766
03/25/2004 001135
FIRST CARE INDUSTRIAL MED
EE physicals and drug testing
110.00
110.00
90767
03/25/2004 007472
HEILBRUN, FRED
Old Twn Event:Bluegrass Entertaimmnt
150.00
150.00
90768
03/25/2004 004811
HEWLETT PACKARD
Flat panel monkor:Police
1,939.50
1,939.50
90769
03/25/2004 005748
HODSON, CHERYL A.
Support Payment
34.05
34.05
90770
03/25/2004 001060
HYATT
Htl: TechMentor Of:4/4-8:Hafeli
775.88
775.88
90771
03/25/2004 000194
1 C M A RETIREMENT TRUST 45
1 C M A Retirement Payment
6,236.18
6,236.18
90772
03/25/2004 003938
IAN DAVIDSON LANDSCAPE - I
Feb design Svcs: Old Town Gateway
2,080.00
2,080.00
90773
03/25/2004 001377
INLAND EMPIRE MANAGERS
RVSD County Mgr Assoc: S. Nelson
25.00
25.00
PageA
apChkLst
03/25/2004
4:49:52PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90774
03/25/2004
001407
INTER VALLEY POOL SUPPLY I
Pool sanitizing chemicals
413.97
413.97
90T75
03/25/2004
002424
KELLEY DISPLAY INC
Western day's banners cleaning svcs
168.58
168.58
90776
03/25/2004
004481
KIMLEY HORN & ASSOCIATES I
Jan Dsgn Svcs:multi-purpose trail pdt
5,130.00
5,130.00
90777
03/25/2004
000206
KINKOS INC
Stationery paper/misc supplies
12.88
12.88
90778
03/25/2004
006654
LOST CANYON RANGERS
Old Tvm Event:Bluegrass Entertaimmnt
500.00
500.00
90779
03/25/2004
004141
MAINTEX INC
O.T. 6th Street Custodial Supplies
514.48
West Wing Custodial Supplies
185.85
O.T. 6th Street Custodial Supplies
29.59
729.92
90780
03/25/2004
004068
MANALILI, AILEEN
TCSD Instructor Eamings
910.00
TCSD Instructor Earnings
630.00
1,540.00
90781
03/25/2004
001256
MARRIOTT HOTEL
Htl:Comp.Forensics:4/19-22:Brown
518.96
518.96
90782
03/25/2004
005806
MATTHEWS, CATHERINE J.
Feb Street Addressing Svcs:B&S Dpt.
637.50
637.50
90783
03/25/2004
006571
MELODY'S AD WORKS
Reimb Expenses:Bluegrass Festival
200.00
200.00
90784
03/25/2004
001384
MINUTEMAN PRESS
Bus.Cards:Alves/Banlett/TinkerMagn
171.32
Business Cards:Police Callahan
42.83
214.15
90785
03/25/2004
004009
MISSION RESOURCE
.2 Acres/Mitigation Prg:Comm.Theater
4,000.00
4,000.00
90786
03/25/2004
004173
MONSTERTRAK
Recruitment Ads:Aquatics Smr Staff
320.00
Recruitment Ads:SMART Prgm Staff
200.00
520.00
90787
03/25/2004
000883
MONTELEONE EXCAVATING
Clean Channel behind Target Center
2,706.00
2,706.00
90788
03/25/2004
003964
OFFICE DEPOT BUSINESS SVS
Misc Office Supplies:Police
74.24
74.24
90789
03/25/2004
001171
ORIENTAL TRADING COMPANY
St. Patrick's Day Bingo Rec Supplies
127.92
St. Patrick's Day Bingo Rec Supplies
21.80
149.72
90790
03/25/2004
007491
OWENS, SARAH
Refund:Security Dep:CRC 3/13/04
100.00
100.00
90791
03/25/2004
002734
P V P COMMUNICATIONS INC
Motorcycle Helmets:Tem. Police
2,025.11
2,025.11
Pages
apChkLst Final Check List Page: 6
03/25/2004 4:49:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
90792 03/25/2004 003955 PANE CONSULTING SERVICE ( "Student" Badges:T.Museum 1,192.30 1,192.30
90793
03/25/2004
003218
PELA
Feb Ldscp Plan Ck:79S Medians
516.00
516.00
90794
03/25/2004
001958
PERS LONG TERM CARE FROG
PERS Long Tenn Care Payment
288.55
288.55
90795
03/25/2004
004790
PETER D BRANDOW & ASSOCI
Reimb:79S Sidewalk/Ldscp/Irr. Impry
313.93
Dsgn Svc:79S Sidewalk/Ldso/Irr. Impr
304.00
617.93
90796
03/25/2004
000249
PETTY CASH
Petty Cash Reimbursement
419.33
419.33
90797
03/25/2004
007471
PHILLIPS, RODGER
Enterlainment:Bluegrass Fest.:3/20-21
500.00
500.00
90798
03/25/2004
006084
POWER DISTRIBUTORS INC
Replace Ball field Light Lamps @ City
2,022.36
2,022.36
90799
03/25/2004
006075
PRUDENTIAL OVERALL SUPPL
Feb Var Opt Unifonn/Rr MattTwl Rent
795.40
Credit:No Doc's for 2 invoices
-80.00
715.40
90800
03/25/2004
004529
OUAID TEMECULA HARLEY-DA
Jan Repair/Maint Police Motorcycles
4,040.61
Feb Repair/Maint Police Motorcycles
2,269.13
6,309.74
90801
03/25/2004
005563
R E FLEMING CONSTRUCTION
Prgs Pmt #8:Children's Museum
12,637.22
Release Stop Ntc:C.Mus:S.G.Roofing
5,188.46
Stop Notice:C.Museum:S.G.Roofing
-5,188.46
12,637.22
90802
03/25/2004
004457
R J NOBLE COMPANY
Prgs Pmt 3:R.C. Rd Widen E/O Ynez
19,183.50
Prgs Pmt 2:R.C. Rd Widen E/O Ynez
4,387.50
23,571.00
90803
03/25/2004
000262
RANCHO CALIF WATER DIST
Various Water Meters
3,059.14
3,059.14
90804
03/25/2004
000947
RANCHO REPROGRAPHICS
Dup. Blueprints:Pablo Apis Park
395.66
Dup. Blueprints:Pauba Rd Impry
10.71
406.37
90805
03/25/2004
005972
RAU, ANDY J.
Entertainment:Bluegrass Fest.:3/20-21
800.00
800.00
90806
03/25/2004
004584
REGENCY LIGHTING
City Hall Electrical Supplies
63.36
63.36
90807
03/25/2004
003591
RENES COMMERCIAL MANAGE
Clean-up of Var. City Channel Areas
5,000.00
5,000.00
90808
03/25/2004
006483
RICHARDS, TYREASHA I.
TCSD Instructor Earnings
520.00
520.00
90809
03/25/2004
000266
RIGHTWAY
Equip Rental - Lng Cyn Crk Prk
59.79
59.79
Page£
apChkLst
03/25/2004
4:49:52PM
Final Check List
CITY OF TEMECULA
Page: 7
Bank:
union UNION BANK
OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90810
03/25/2004
000267
RIVERSIDE CO FIRE
Oct -Dec 2003:Fire Services
713,021.28
713,021.28
90811
03/25/2004
001592
RIVERSIDE CO INFO
Dec Police Radio Rentals
1,318.60
Jan Police Radio Rentals
1,235.60
Nov Police Radio Rentals
1,193.60
3,747.80
90812
03/25/2004
000955
RIVERSIDE CO SHERIFF SW ST
Good'OI Days Car Show:2/27-29/04
24,447.65
24,447.65
90813
03/25/2004
000406
RIVERSIDE CO SHERIFFS DEP
01/8-02/4/04 Law Enforcement
930,752.92
FY 03/04 Rate Adj. Law Enforcement
487,472.25
FY 03/04 Field Training
144,192.00
1,462,417.17
90814
03/25/2004
000406
RIVERSIDE CO SHERIFFS DEP
FY 03/04 Records Mgmt Sys Usage
110,006.00
110,006.00
90815
03/25/2004
001365
RIVERSIDE COUNTY OF
Renew Pennit:CRC Pool/Spa
470.00
470.00
90816
03/25/2004
003544
ROBERT SHEA PERDUE REAL
Appraisal Fee:APN roc-007
4,500.00
4,500.00
90817
03/25/2004
001624
ROBERTS, GENIE
Reimb:Oper. Budget Submittal Mtgs
93.97
93.97
90818
03/25/2004
006555
S B C PACIFIC BELL
Modular Router for I.S. Opt.
2,897.01
Maintenance/Modular Router:I.S.Dpt.
172.80
3,069.81
90819
03/25/2004
004598
S T K ARCHITECTURE INC
Feb Consultant Svcs:Roripaugh
3,105.60
3,105.60
90820
03/25/2004
005227
SAN DIEGO COUNTY OF
Support Payment
33.24
33.24
90821
03/25/2004
006815
SAN DIEGO, COUNTY OF
Support Payment
12.50
12.50
90822
03/25/2004
006176
SANTA ANA COLLEGE
Mgmt 20:J.Neuman:8/2-6/04
125.00
125.00
90823
03/25/2004
007492
SARIC, ROBERT
Refund:Eng Deposit:44064 Mnt View
995.00
995.00
90824
03/25/2004
004609
SHREDFORCE INC
Mar Doc Shred Svcs:P.D. Fmt St Stn.
24.00
24.00
90825
03/25/2004
004460
SILVERADO BLUEGRASS BAN
Entertainment:Bluegrass Fest.:3/20-21
1,300.00
1,300.00
90826
03/25/2004
000645
SMART & FINAL INC
Just 4 Kidz Program Supplies
74.37
Neighborhood Events Rec Supplies
23.73
98.10
Page:?
apChkLst
Final Check List
Page: 8
03/25/2004
4:49:52PM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90827
03/25/2004
000537 SO CALIF EDISON
Mar 2-19-999-9442 Various Mtrs
1,912.16
Mar 2-25-393-4681 T.E.S. Pool
421.87
Mar 2-23-365-5992 Fire Stn 92
305.03
Mar 2-24-817-8717 Old Kent Prk
214.88
Mar 2-24-628-8963 Btrfld Stage
27.49
Mar 2-24-151-6582 Overland Td
12.47
2,893.90
90828
03/25/2004
001212 SO CALIF GAS COMPANY
Var. City Facilities Gas Mtrs
4,442.93
Mar 095-167-7907-2 Fire Stn 84
238.43
4,681.36
90829
03/25/2004
006145 STENO SOLUTIONS TRANSCRI
Feb Transcription Svcs:Tem.Police
1,182.08
Jan Transcription Svcs:Tem.Police
1,077.12
2,259.20
90830
03/25/2004
003599 T Y LIN INTERNATIONAL
Feb Constr.Support:R.C.Bridge Widen
2,625.00
2,625.00
90831
03/25/2004
000305 TARGET STORE
Teen Programs Supplies
13.12
TCC Recreation Supplies
142.69
Parent & Me Program Supplies
96.16
Special Events Supplies
70.76
Neighborhood Events Rao Supplies
65.11
Teen Programs Supplies
21.52
409.36
90832
03/25/2004
004274 TEMECULA VALLEY SECURITY
CRC Locksmith Svcs
303.35
Fire Prev. Locksmith Svcs
34.48
337.83
90933
03/25/2004
000919 TEMECULA VALLEY UNIFIED S
Dec'03-Jan'04 Vehicle Fuel Usage
571.70
Feb 2004 Vehicle Fuel Usage
327.15
898.85
90834
03/25/2004
000668 TIMMY D PRODUCTIONS INC
Sound Vendor for Band Jam:3/5/04
225.00
225.00
90835
03/25/2004
003691 TRAFFICWARE CORPORATION
purch.SimTraf.6 upgrade software:PW
2,390.60
2,390.60
90836
03/25/2004
006192 TRISTAFF GROUP
Temp Help w/e 03114 Bradley
503.75
Temp Help We 03/07 Bradley
477.75
981.50
90937
03/25/2004
005592 TWINING LABORATORIES
Jan Svcs:Pechanga Pkwy Soundwall
10,247.91
10,247.91
90838
03/25/2004
007118 U S TELPACIFIC CORPORATIO
Mar Internet I Addresses Block
522.85
522.86
90839
03/25/2004
007493 UMEMOTO, CHRISTIAN
Refund:KidsLuvSoccer 4-5 Yr
75.00
75.00
90840
03/25/2004
004981 UNISOURCE SCREENING &
311-15 Background Screen
105.00
105.00
90841 03/25/2004 000325 UNITED WAY United Way Charities Payment 220.00 220.00
PageE
apChkLst Final Check List Page: 9
03/25/2004 4:49:52PM CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA
(Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90842
03/25/2004
004261 VERIZON CALIFORNIA
Mar xxx-0073 General Usage
257.64
Mar xxx-0074 General Usage
256.50
Mar xxx-1473 Old Town P.D. Stn.
118.86
Mar xxx-1603 City Hall
90.12
Mar xxx-3564 Alarm
55.91
Mar xxx-8573 General Usage
31.59
Mar xxx-3923 Stone
27.58
838.20
90843
03/25/2004
007482 WE CARE COMPANY
Deposit:Fire Safety Trailer
3,930.70
3,930.70
90844
03/25/2004
003756 WHITE HOUSE SANITATION
Mar Cleaning Svcs:Btdld Stage R.R.
50.00
50.00
90845
03/25/2004
007473 WITCHER, DENNIS R
Entertainment:Bluegrass Fest.:3/20-21
1,000.00
1,000.00
90846
03/25/2004
004880 WORLEY, JILL ANN
Entertainment:Bluegrass Fest.:3/20-21
800.00
800.00
Grand Total All Checks:
3,428,914.58
Page9
apChkLst
Final Check List
Page: 1
04/01/2004
9:50:57AM
CITYOFTEMECULA
Bank:
union UNION BANK OF CALIFORNIA
Check #
Date Vendor
Description
Amount Paid Check Total
296
03/31/2004 000166 FIRST AMERICAN TITLE
Old Twn property depst 922-032-021,
10,000.00 10,000.00
297 03/31/2004 000166 FIRST AMERICAN TITLE Old Twn property depst 922-042-007
90847
04/01/2004
004901 ADVENTURES IN TEAM ESTEE
Planning team building workshop
90848
04/01/2004
005735 AEROSURF INC
Apr/May/Jun Internet svcs
90849 04/01/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening
Credit: 385672 not in city's limits
90660
04/01/2004
006463 AMERICAN LANDSCAPE
Feb Idscp impr: Sports Park
Jan Idscp impr. Sports Prk
90851
04/01/2004
007280 AMERICAN MEDICAL RESPONS
Paramedic training supplies
90852
04/01/2004
000747 AMERICAN PLANNING ASSOCI
Membership: Emery Papp 117057
Membership: Don Hazen 092146
90853
04/01/2004
000936 AMERICAN RED CROSS
10 Pocket mask: Aquatics
90854 04/01/2004 004169 ANAHEIM ORANGE COUNTY V Anaheim/Orange Cty Visitor ad:Eco D
90855
04/01/2004
007521
ANDERSON, DIANE
90856
04/01/2004
000101
APPLE ONE, INC.
90857 04/01/2004 001561 ARCH WIRELESS
90858 04/01/2004 007344 ARROW TRUCK BODIES
90859 04/01/2004 001323 ARROWHEAD WATER INC
Refund: Cartooning- Aliens & Space
Temp help PPE 3/13 Delarm
Temp help PPE 3/13 Wills
Temp help PPE 3/13 Lee
Temp help PPE 3/13 Leibold
Temp help PPE 3/6 Alexander
Mar/Apr/May paging & rental svcs
PW mntc flat bed truck modifications
Bottled wtr sews ® City Hall
Bottled wtr sews 0 West Wing
Bottled wtr sews ® CRC
Bottled wtr sews @ T.Museum
Bottled wtr sews @ Skate Park
10,000.00
3,330.00
299.70
240.00
-30.00
138.00
104.55
105.00
404.00
255.00
120.00
1,875.00
22.50
617.76
580.80
528.00
131.25
12.87
647.45
4,174.40
355.17
165.08
61.32
19.91
17.02
10,000.00
3,330.00
299.70
210.00
242.55
105.00
659.00
120.00
1,875.00
22.50
1,870.68
647.45
4,174.40
618.50
Page:t
apChkLst
Final Check List
Page: 2
04/01/2004
9:50:57AM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check If
Date
Vendor
Description
Amount Paid
Check Total
90860
04/01/2004
007513
ATTAR, AMER
EE computer purchase prgm
1,774.83
1,774.83
90861
04/01/2004
002648
AUTO CLUB OF SOUTHERN CA
Membership: Eric Rodecker 52094984
44.00
44.00
90862
04/01/2004
000622
BANTA ELECTRIC-REFRIGERA
Electrical repairs @ Stn 92
540.00
Repair sound system: Old Town
500.00
1,040.00
90863
04/01/2004
002541
BECKER CONSTRUCTION SRV
Silt removal ® Via Lobo Channel
9,630.00
9,630.00
90864
04/01/2004
004262
BIO-TOX LABORATORIES
DUI Drug & Alcohol Screening
566.64
566.64
90865
04/01/2004
007519
BOW LIN, GEORGIA
Refund: Picnic Shelter rental
75.00
75.00
90866
04/01/2004
004176
BROADW ING
Long distance &Internet svcs
2,088.46
2,088.46
90867
04/01/2004
006777
BRUSHIA, MICHELLE
Refund: Cartooning- Sea Creatures
47.50
47.50
90868
04/01/2004
007520
BURGESS, MARY
Refund: Picnic Shelter rental
55.00
55.00
90869
04/01/2004
001159
CALIF DEPT OF JUSTICE
Feb Fingerprinting ID svcs:P.D.
2,368.00
Aug/Sep Fingerprinting ID svcs:P.D.
1,534.00
Jan Fingerprinting ID svcs:P.D.
1,363.00
5,265.00
90870
04/01/2004
005660
CALIF EMS AUTHORITY
Membership David Strickler P03421
130.00
130.00
90871
04/01/2004
007516
CALIF FIRE EXPLORING ASSN
Post Advisor Appliic Fee: Ty Davis - F
100.00
100.00
90872
04/01/2004
006406
CAMBEROS, DINO
Reimb:'04 CPRS Conf: 319-12/04
255.70
255.70
90873
04/01/2004
007505
CARREON, JONATHAN
Refund:Aquatics-Lifeguard Tmg
130.00
130.00
90874
04/01/2004
002534
CATERERS CAFE
Refreshments:'04 Volunteer luncheon
1,555.75
Refreshments: Calsense Training
99.23
1,654.98
90875
04/01/2004
005417
CINTAS FIRST AID & SAFETY
First aid supplies: PW Mntc Crew
40.62
First aid supplies: City Hall
38.47
79.09
90876
04/01/2004
007114
COLLABORATIVE FOR DISAST
Disaster Resistant Cf: 5/3-5:Colston
125.00
125.00
Page2
apChkLst
Final Check List
Page: 3
04/01/2004
9:50:57AM
CITY OF TEMECULA
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check &
Date
Vendor
Description
Amount Paid
Check Total
90877
04/01/2004
001193
COMP U S A INC
2 - 19" Viewsonic Monitors
1,720.79
19' Viewsonic Monitor: Fire Prev.
839.38
Misc computer supplies: IS
473.41
3,033.58
90878
04/01/2004
002147
COMPLIMENTS COMPLAINTS &
4 Easter Bunny Costume rentals
323.25
323.25
90879
04/01/2004
002945
CONSOLIDATED ELECTRICAL
Electrical supplies: TCSD
154.60
154.60
90880
04/01/2004
001264
COSTCO W HOLESALE
2- Easy up shades: Police Dept
418.05
418.05
90881
04/01/2004
003739
COTTON BRIDGES ASSOCIATE
Sept -Oct Housing Element svcs
375.00
375.00
90882
04/01/2004
006954
CRAFTSMEN PLUMBING & HVA
Install pressure regulator@ C.Museum
409.30
CRC plumbing repairs
175.00
CRC plumbing repairs
113.56
697.86
90883
04/01/2004
001320
CROWE-PELLETIER, JULIE
Reimb:CRPS Conf:3/10-13/04
48.97
48.97
90884
04/01/2004
004123
D L PHARES & ASSOCIATES
Apr Lease: Police Satellite Office
2,086.14
2,086.14
90885
04/01/2004
002900
DANIEL MANN JOHNSON
Nov -Jan eng svcs: Pala Rd Phase II
286.10
286.10
90886
04/01/2004
001716
DANS ROOFING
Res Imp Prgm: Waver, B & K
200.00
200.00
90887
04/01/2004
005291
DEGANGE, JOHN
EE computer purchase prgm
1,966.45
1,966.45
90888
04/01/2004
007514
DENHAM, THOMAS
Refund: Parking Cite 24274
325.00
325.00
90889
04/01/2004
007057
DERNBACH, ESTHER MARIE
TCSD instructor earnings
1,209.60
1,209.60
90890
04/01/2004
003945
DIAMOND ENVIRONMENTAL
Clean TCC Interceptors grease trap
276.00
Clean Sr Ctr Interceptors grease trap
276.00
Portable toilet: TCC wtr shut off
161.55
Clean CRC Interceptors grease trap
95.00
808.55
90891
04/01/2004
004263
DISPLAY TECH EXHIBITS
Table display case wAight:Eco Devel
2,873.69
2,873.69
90892
04/01/2004
003317
DOMENOE, CHERYL
Reimb:Technical Track:3/16-17
46.98
46.98
Page3
apChkLst
Final Check List
Page: 4
04/01/2004
9:50:57AM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90893
04/01/2004
001380
E S I EMPLOYMENT SERVICES
Temp help PPE 3/19 Jones
1,994.95
Temp help PPE 3/19 Cammarota
1,406.62
Temp help PPE 3/19 Lontok
1,200.00
4,601.57
90894
04/O1/2004
005052
EMCOR SERVICE
H.V.A.C. repair @ CRC
195.00
195.00
90895
04/01/2004
000164
ESGIL CORPORATION
Feb Plan check Svcs for B&S
5,568.66
5,568.66
90896
04/01/2004
006487
EUROPEAN CAFE & VINEYARD
Refreshments: Budget workshop
44.82
44.82
90897
04/01/2004
001056
EXCEL LANDSCAPE
Feb Idscp mntc: Slope
25,731.00
Feb Idscp mntc: Medians
6,924.00
Feb Idscp mntc: City Fac.
6,686.00
Feb Idscp impr: R.C. Slope
183.35
Feb Idscp impr: Comm Fac.
102.50
39,626.85
90898
04/01/2004
004464
EXXONMOBIL CARD SERVICES
Fuel expense for City vehicles
455.65
455.65
90899
04/01/2004
000165
FEDERAL EXPRESS INC
Express mail services
196.17
196.17
90900
04/01/2004
007502
FIREHOUSE TREASURES INC
Voorburg Fire Dept gift
580.00
580.00
90901
04/01/2004
007515
FIRERESCUE MAGAZINE
1 yr Subscription for FireRescue
28.95
28.95
90902
04/01/2004
004944
FULLCOURT PRESS
3 Part cash receipt forms: Finance
595.04
595.04
90903
04/01/2004
004188
HARRIS & ASSOCIATES
Feb audit svcs: Haveston CFD
2,725.00
2,725.00
90904
04/01/2004
002126
HILLYARD FLOOR CARE SUPPL
CRC gym floor refinishing supplies
2,246.22
CRC gym floor refinishing supplies
390.80
CRC gym floor refinishing supplies
220.29
CRC gym floor refinishing supplies
69.08
Credit: Returned gym floor supplies
-483.68
2,442.71
90905
04/01/2004
001407
INTER VALLEY POOL SUPPLY I
Pool sanitizing chemicals
165.29
165.29
90906
04/01/2004
000501
INTL INSTITUTE OF MUNICIPAL
Certification Fee: Michaels Ballreich
135.00
135.00
90907 04/01/2004 001186 IRWIN, JOHN TCSD instructor earnings 588.00 588.00
Page:4
apChkLst
04/01/2004
9:50:57AM
Final Check List
CITY OF TEMECULA
Page: 5
Bank:
union UNION BANK
OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90908
04/O1/2004
003046
K F R O G 95.1 FM RADIO
Advertising for Bluegrass Festival
1,000.00
1,000.00
90909
04/01/2004
001085
L N CURTIS & SONS
Stair chair handle lock: Medics
109.58
109.58
90910
04/01/2004
006744
LAMAR CORPORATION, THE
Mar billboard chg-out:Old Town
450.00
450.00
90911
04/O1/2004
004905
LIEBERT, CASSIDY & WHITMOR
Feb HR legal svos for TE06040001
360.00
360.00
90912
04/01/2004
004699
LYNN, TROY M
FY 02/03 CFD 88-12 Reimbursement
528.48
528.48
90913
04/01/2004
003782
MAIN STREET SIGNS
Signs/Hardware: PW Maint
1,743.27
1,743.27
90914
04/01/2004
000394
MAINTENANCE
'Permit Required':4/15:RT/JJ/JB
90.00
90.00
90915
04/01/2004
004141
MAINTEX INC
Parks Custodial Supplies
427.12
West Wing Custodial Supplies
340.97
Custodial Supplies: Senior Ctr
257.29
1,025.38
90916
04/01/2004
001967
MANPOWER TEMPORARY SER
Temp Help PPE 02/29 Almodovar
1,507.96
Temp Help We 03t07 A.AJJ.D.
1,259.64
Temp Help We 03/14 A.A./J.D.
1,181.20
3,948.80
90917
04/01/2004
002664
MAR CO INDUSTRIES INC
CRC Custodial Equip. Prev. Maint. Sv
125.00
125.00
90918
04/01/2004
003444
MARTIN & CHAPMAN COMPAN
'04 Directory of City Clerks in Calf.
30.86
30.86
90919
04/01/2004
007024
MEDINA, IGNACIO
Reimb Agrmnt Pmt:Soundwall Impry
400.00
400.00
90920
04/01/2004
006571
MELODY'S AD WORKS
Reimb Exp.:Var. Old Town Events
75.76
75.76
90921
04/01/2004
004894
MICHAEL BRANDMAN ASSOCIA
Jan Erg Svcs:Pechanga Pkwy Impry
2,630.00
Jan Eng Svcs: Pechanga Pkwy Impry
2,585.00
5,215.00
90922
04/01/2004
004951
MIKE'S PRECISION WELDING I
Park Equip. Welding Svcs
65.00
65.00
Pages
apChkLst
Final Check List
Page: 6
04/01/2004
9:50:57AM
CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90923
04/01/2004
001384
MINUTEMAN PRESS
Envelopes for T. Museum
288.36
Letterhead Supply for City Clerk
177.37
Envelopes for TCSD
161.85
Letterhead Supply for City Clerk
142.06
Envelopes for City Clerk
106.74
Business Cards: G.Wolnick
42.83
Business Cards: Z. Smith
42.83
Business Cards: M. Ballreich
42.83
1,004.87
90924
04/01/2004
004534
MOBILE SATELLITE VENTURES
Apr EOC Sin Satellite Phone Svcs
70.71
70.71
90925
04/01/2004
004586
MOORE FENCE COMPANY
Install fence: Children Museum
3,200.00
Res Imp Prgm: Schmidt, Barbara
2,445.00
5,645.00
90926
04/01/2004
001986
MUZAK INC
Apr music for phones: City Hall
120.86
Apr Music Broadcast: Old Town
64.86
185.72
90927
04/01/2004
002925
NAPA AUTO PARTS
Parts/Supplies for PW Maint
49.75
49.75
90928
04/01/2004
007503
NELSON, WENDY
Refund: Hawaiian: Beg Teen/Adult
30.00
30.00
90929
04/01/2004
006140
NORTH JEFFERSON BUSINESS
Apr -Jun Dues: Lot 17/PM 23561-2
329.00
329.00
90930
04/01/2004
002105
OLD TOWN TIRE & SERVICE
City Vehicle Repair/Maint Svcs
536.09
City Vehicle Repair/Maint Svcs
254.10
City Vehicle Repair/Maint Svcs
114.26
City Vehicle Repair/Main Svcs
32.42
936.87
90931
04/01/2004
007506
OLIVER, DOREEN JENNIFER
Refund: Prior Yr Assessments
1,699.55
1,699.55
90932
04/01/2004
007507
OLIVER, KENNETH CHARLES
Refund: Prior Yr Assessments
1,699.55
1,699.55
90933
04/01/2004
007384
OREGON MT. CONSTRUCTORS
Material Delivery Svcs: Sports Comple
6,600.00
6,600.00
90934
04/01/2004
001171
ORIENTAL TRADING COMPANY
Egg Hunt special event supplies
1,315.86
Finance recognition supplies
73.35
1,389.21
90935
04/01/2004
006939
PAINT CONNECTION, THE
Res Imp Prgm: Vasquez, Rigoberto
1,525.00
1,525.00
90936
04/01/2004
000472
PARADISE CHEVROLET CADI
Transmission for TCSD van
3,518.03
3,518.03
90937 04/01/2004 000359 PARKER, HERMAN Reimb:CPRS Conf:3/10-13/04 59.59 59.59
Pages
apChkLst
04/01/2004
9:50:57AM
Final Check List
CITY OF TEMECULA
Page: 7
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check#
Date
Vendor
Description
Amount Paid
Check Total
90938
04/01/2004
004074
PARTY CITY OF TEMECULA IN
Special Event Supplies
106.29
106.29
90939
04/01/2004
007517
PECHANGA RESORT & CASINO
Fire Expo & Sem:4/8-9/04:C.Calderon
149.00
Fire Expo & Sem:4/8-9/04:D.Sarmient
149.00
298.00
90940
04/01/2004
000249
PETTY CASH
Petry Cash Reimbursement
386.34
386.34
90941
04/01/2004
003493
PRO -CRAFT OVERHEAD DOOR
Res Imp Prgm: Bognacki, Christine
1,280.00
1,280.00
90942
04/01/2004
004029
R J M DESIGN GROUP INC
Jan Dsgn Svcs: Sports Complex Pdt
33,280.46
33,280.46
90943
04/01/2004
006664
R R M DESIGN GROUP
Consult Svcs:Citywide Dsgn Guideline
1,402.06
1,402.06
90944
04/01/2004
000262
RANCHO CALIF WATER DIST
Mar 01-99-02003-0 Floating Mir
246.02
Mar 02-79-10100-1 NW Sprts Prk
75.53
321.55
90945
04/01/2004
000947
RANCHO REPROGRAPHICS
Dup. Blueprints: Diaz Rd Realignment
59.35
59.35
90946
04/O1/2004
004584
REGENCY LIGHTING
Electrical Supplies: City Hall
562.31
Electrical Supplies: City Hall
88.83
Electrical Supplies: City Hail
63.36
714.50
90947
04/01/2004
002110
RENTAL SERVICE CORPORATI
Equipment Rental: PW Maint
334.26
Equipment Rental: PW Maint
17.80
Equipment Rental: PW Maint
8.58
360.64
90948
04/01/2004
007504
REUSING, HOLLY
Refund: Just 4 Kidz
30.00
30.00
90949
04/01/2004
001592
RIVERSIDE CO INFO
Feb P.D. Emerg Radio Rentals
1,235.60
1,235.60
90950
04/01/2004
000406
RIVERSIDE CO SHERIFFS DEP
FY 03.04 Facility Expense
198,155.39
198,155.39
90951
04/Ot/2004
000406
RIVERSIDE CO SHERIFFS DEP
February 2004 Booking Fees
7,728.00
7,728.00
90952
04/01/2004
005406
RIVERSIDE CO TRAIN OFF.
Prev. 2C:5f7-10 & 5/15:S.Branaugh
126.00
126.00
90953
04/01/2004
007184
RIVERSIDE POLICE
Correction of Deposft:R#519206
45.00
45.00
90954
04/01/2004
003587
RIZZO CONSTRUCTION INC
Install Mirror in W. Restroom @ CRC
815.00
815.00
Page:7
apChkLst
04/01/2004
9:50:57AM
Final Check List
CITY OF TEMECULA
Page: 8
Bank:
union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90955
04/01/2004
000815
ROWLEY, CATHY
TCSD Instructor Earnings
864.00
864.00
90956
04/01/2004
001309
RUSE, PHYLLIS
Reimb:CPRS Conf:3110-13104
47.97
47.97
90957
04/01/2004
007113
RYLE, SHEILA H.
TCSD Instructor Earnings
795.20
795.20
90958
04/01/2004
004562
SCHIRMER ENGINEERING COR
Feb'04 Plan Ck Svcs: Fire Prev.
400.00
400.00
90959
04/01/2004
004814
SIMON WONG ENGINEERING I
Dec -Feb Dsgn Svcs: Main St Bridge
12,968.20
12,968.20
90960
04/O1/2004
000645
SMART & FINAL INC
Just 4 Kidz Prgm Supplies
199.72
199.72
90961
04/01/2004
000537
SO CALIF EDISON
Mar 2-00-397-5042 City Hall
5,658.83
Mar 2-02-351-4946 Senior Ctr
850.81
Mar 2-18-937-3152 T.Museum
520.28
Mar 2-11-007-0455 6th Street
261.39
Mar 2-22-891-0550 Various Mtrs
253.81
Mar 2-20-817-9929 P.D.Fmt St Stn
163.93
Mar 2-18-049-6416 Front St Ped
148.06
Mar 2-21-911-7892 S.Side Prk Lot
121.28
Mar 2-21-981-4720 Hwy 79
51.66
Mar 2-19-171-8568 Wedding Chpl
46.16
Mar 2-24-572-8969 O.T. Front
46.09
Mar 2-24-634-0426 O.T. Front St.
43.70
Mar 2-22-057-2226 6th Street
43.21
Mar 2-22-496-3439 Winchester
41.62
8,240.83
90962
04/O1/2004
000282
SO CALIF MUNICIPAL ATHLETI
2004 Smr Adult Softball Rulebooks
828.00
828.00
90963
04/01/2004
000519
SOUTH COUNTY PEST
Pest Control Svcs: T. Museum
42.00
Pest Control Svcs: Wedding Chpl
32.00
74.00
90964
04/01/2004
005786
SPRINT
02/15-03/14/04 Cell Phone Svcs
6,020.68
Equipment:City Clerk/Council/I.S.
1,379.16
Mar Aoct Level Chrgs
33.87
7,433.71
90965
04/O1/2004
004420
STATE COMP INSURANCE FUN
Mar Workers' Comp Premium
43,440.90
43,440.90
90966
04/01/2004
000465
STRADLEY, MARY KATHLEEN
TCSD Instructor Earnings
640.00
TCSD Instructor Earnings
288.00
928.00
90967
04/O1/2004
002651
SUN BADGE COMPANY
Badge for Code Enforcement
80.58
80.58
PageE
apChkLst
04101/2004
9:50:57AM
Final Check List
CITY OF TEMECULA
Page: 9
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
90968
04/01/2004
000305 TARGET STORE
Misc. Office Supplies: PW
310.44
310.44
90969
04/01/2004
007512 TASSIN, CAROL
Refund:Cite #50330
325.00
325.00
90970
04/01/2004
006465 TEMECULA AUTO REPAIR
Fire Prev. Vehicle Maint. Svcs
29.71
29.71
90971
04/01/2004
006896 TEMECULA MUSIC ACADEMY 1
TCSD Instructor Earnings
396.00
396.00
90972
04/01/2004
000307 TEMECULA TROPHY COMPAN
Name badges Pins:CS Commissioner
37.71
Nameplate: P. Jacobs
7.64
45.25
90973
04/01/2004
004274 TEMECULA VALLEY SECURITY
Locksmith Svcs: Pauba Ridge Park
120.00
120.00
90974
04/01/2004
003031 TRAFFIC CONTROL SERVICE I
Traffic Control Supplies:PW Maint
110.44
110.44
90975
04/01/2004
006192 TRISTAFF GROUP
Temp Help w/e 03121 Bradley
620.00
520.00
90976
04/01/2004
004261 VERIZON CALIFORNIA
Mar xxx-2626 P.D. Storefront Stn
217.71
Mar xxx-2016 General Usage
108.20
Mar xxx-9897 General Usage
89.72
Mar xxx-3526 Fire Alarm
83.69
Mar xxx-2676 General Usage
28.87
528.19
90977
04/01/2004
004789 VERIZON INTERNET SOLUTION
Internet svcs:P.D. Stn: xx9549
211.58
Internet sves:P.D. Stn: xx4200
185.41
Internet Svcs: xx7411
69.95
Internet svcs: xx0544
69.95
536.89
90978
04/01/2004
007511 VLAHOS, CHRIS
EE Computer Loan Prgm
2,000.00
2,000.00
90979
04/01/2004
006248 WALKER, JESSICA
(8) $25.00 Egg Hunt Prizes:4/10
200.00
200.00
90980
04/01/2004
007510 WILLCOX, JAMES
Reimb:CPRS Conf:3/10-13t04
145.54
145.54
90981
04/01/2004
000348 ZIGLER, GAIL
Reimb:CPRS Conf:3/10-13t04
134.79
Reimb:Park Dedications supplies
76.10
210.89
Sub total for UNION BANK OF CALIFORNIA:
498,072.13
Page9
ITEM 4
APPROVAL
CITY ATTORNEY,
DIRECTOR OF F
CITY MANAGERC
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: April 13, 2004
SUBJECT: City Treasurer's Report as of February 27, 2004
PREPARED BY: Karin Grance, Revenue Manager
Shannon Domenigoni, Accountant
RECOMMENDATION: That the CityCouncil receive and file the CityTreasurer's Reportas of
February 27, 2004.
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 February 27, 2004.
FISCAL IMPACT: None
Attachments: City Treasurer's Report as of February 27, 2004
Cash Aeth* for the Month of February:
Cash and Inveshnents as of February 1, 2004
Cash Receipts
Cash Disbursements
Cash and Investments as of February 27, 2004
Cash and Investments Portfolio:
Type of Investment
Petry Cash
General Checking
Flex Benefit Demand Deposits
Local Agency Investment Fund
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Checking Account - Parking Citations
Certificate of Deposit - Retention Escrow
Bond Fund - CFD 88-12
(Money Market Account)
Delinquency Maintenance Account- CFD 88-12
(Investment Agreement)
Delmquenry Maintenance Account - CFD 88-12
(Money Market Account)
Reserve Fund - CFD 88-12
(Investment Agmemmt)
Reserve Account- CFD 88-12
(Money Market Account)
Special Tax Fund - CFD 01-2
(Money Market Account)
Admen Expense Fund - CFD 01-2
(Money Market Account)
Variable Bond Fund - CFD 01-2
(Money Market Account)
Interest Differential Fund - CFD 01-2
(Money Market Account)
Capital Improvement Fund - CFD 01-2
(Money Market Account)
Special Tax Fund - CFD 03-1
(Money Market Account)
Capital Interest Fund - CFD 03-1
(Money Market Account)
Reserve Fund - CFD 03-1
(Money Markel Account)
City Improvement Fund - CFD 03-1
(Money Market Account)
Cal Trans Improvement Fund - CFD 03-1
(Money Market Account)
Acquisition Account Fund - CFD 03-1
(Money Market Account)
Capital Interest Fund - CFD 03-3
(Money Market Account)
Reserve Fund - CFD 03-3
(Money Market Account)
City Improvement Fund - CFD 03-3
(Money Market Account)
EMWD Improvement Fund - CFD 03-3
(Money Market Account)
Acquisition Account Fund - CFD 03-3
(Money Market Account)
Cost of Issuance Fund - CFD 03-3
(Money Market Account)
City of Temecula
City Treasurer's Report
As of February 27, 2004
$ 128,899,119
4,699,044
(7,810,874)
$ 125,787,289
Maturity/
Purchase Termination
Market Par/Book
Institution
Yield
Date Date
Value Balance
City Hall
Na
$ 1,500
Union Bank
n/a
(2,435,463) (1)
Union Bank
n/a
12,040 (1)
State Treasurer-LAIF
1.440%
65,795,714 (2)
Federal Home Loan Bank
2.250%
5222003 6/192006
1,000,630 1,000,000
Federal Home Loan Mortgage Co
2,000%
6/62003 6/302006
998,960 1,000,000
Federal Home Loan Bank
1.885%
6262003 1232006
1,000,630 1,000,000
Federal Home Loan Bank
2.250%
6262003 7/242006
1,000,940 1,000,000
Federal Home Loan Bank
2.500%
7/162003 8/142006
2,005,000 2,000,000
Federal Home Loan Bank
3.430%
12/112003 6/152007
LWO,630 1,000,000
Federal Home Loan Bank
3.500%
12222003 6222007
2,002,500 1,997,500
Federal Home Loan Bank
3.375%
12292003 12292006
2,003,120 2,000,000
Federal Home Loan Mortgage Co
3,000%
12302003 3292007
1,000,490 996,000
Union Bank
n/a
3,630
CommunityNatimalBank
n/a
241,150
U.S. Bank (First Am Treasury)
0.460%
397,319
CDC Funding Corp
5.430 %
9112017
500,000
U.S. Bank (Fast Am Treasury)
0.460%
511,932
CDC Funding Corp
5.430 %
9/12017
1,531,469
U.S. Bank (Fast Am Treasury)
0.460%
83,012
U.S. Bank (Fast Am Treasury)
0.460%
817,467
U.S. Bank (Fast Am Treasury)
0.460%
771,126
U.S. Bank (Fast Am Treasury)
0.460%
2,749
U.S. Bank (Fast Am Treasury)
0.460%
131,087
U.S. Bank (First Am Treasury)
0.460%
3,533,520
U.S. Bank (Fast Am Treasury)
0,460 %
390,718
U.S. Bank (Fast Am Treasury)
0,460 %
44,636
U.S. Bank (First Am Treasury)
0.460%
872,718
U.S. Bank (Fast Am Treasury)
0.460 %
1,505,527
U.S. Bank (First Am Treasury)
0.460%
1,002,148
U.S. Bank (Fast Am Treasury)
0,460 %
2,293,538
U.S. Bank(Fast Am Treasury)
0.460%
1,080,158
U.S. Bank (First Am Treasury)
0.460%
2,171,743
U.S. Bank (Fast Am Treasury)
0.460%
8,627,476
U.S. Bank (Fast Am Treasury)
0.460%
3,628,444
U.S. Bank (First Am Treasury)
0.460%
9,914,363
U.S. Bank (First Am Treasury)
0.460%
143,526
.— f
Cash and I weshssents Footfall.:
Maturity/
Purchase Termination Markel
Par/Book
Type of Investment Institution
Yield Date Date Value
Balance
Redemption Fund - CFD 03-04 U.S. Bank (First Am Treasury)
0.460 %
61,414
(Money Market Account)
Reserve Fond - CFD 03-04 U.S. Bank (First Am Treasury)
0.460 %
99,664
(Money Market Account)
Improvement Fund - CFD 03-04 U.S. Bank (First Am Treasury)
0.460 %
1,041,727
(Money Markel Account)
Cost of Issuance Fund - CFD 03-04 U.S. Bank (First Am Treasury)
0.460 %
3,546
(Money Market Account)
Project Account -RDA TABS State Treasurer-LAIF
1.440%
6,218,605
(Local Agency Investment Fund)
Project Fund - TCSD COPS U.S. Bank (First Am Treasury)
0.460 %
9,497
(Money Market Account)
Project Fund - TCSD COPS State Treasurer-LAIF
1.440 %
2,785,976
(Local Agency Investment Fund)
$
125,787,289
(I) -This amount is net of outstanding checks.
(2)-At February 27, 2004 rural market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $54,142,480,776.
The City's proportionate sbare of that value is $65,834,630.
All investments are liquid and currently 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 for the
next six months.
Page 2
CITY OF TEMECULA
Cash and Investments Report
Through February 2004
Fund Total
001
GENERAL FUND
26,683,674.64
100
STATE GAS TAX FUND
109,581.47
101
STATE TRANSPORTATION FUND
73,121.07
120
DEVELOPMENT IMPACT FUND
14,798,489.72
140
COMMUNITY DEV BLOCK GRANT
0.00
150
AB 2766 FUND
96,758.70
160
AB 3229 COPS
111,723.00
165
RDA LOW/MOD - 20% SET ASIDE
7,256,052.71
170
MEASURE A FUND
4,012,107.36
190
TEMECULA COMMUNITY SERVICES DISTRICT
330,662.07
192
TCSD SERVICE LEVEL B
97,276.00
193
TCSD SERVICE LEVEL C
285,528.61
194
TCSD SERVICE LEVEL D
132,159.91
195
TCSD SERVICE LEVEL R
25,352.99
210
CAPITAL IMPROVEMENT PROJECTS FUND
20,490,759.75
261
CFD 88-12 ADMIN EXPENSE FUND
13,314.85
271
CFD 01-2 HARVESTON IMPROVEMENT FUND
3,533,519.59
274
AD03-4 JOHN WARNER ROAD-CIP
0.00
275
CFD03-3 WOLF CREEK-ADMIN EXPENSE
50,000.00
280
REDEVELOPMENT AGENCY - CIP PROJECT
5,920,695.23
300
INSURANCE FUND
1,201,396.77
320
INFORMATION SYSTEMS
617,358.48
330
SUPPORT SERVICES
185,456.34
340
FACILITIES
38,561.88
380
RDA 2002 TABS DEBT SERVICE FUND
1,426,189.58
390
TCSD 2001 COP's DEBT SERVICE FUND
134,463.47
460
CFD 88-12 DEBT SERVICE RESERVE FUND
3,434,692.82
470
CFD 01-2 HARVESTON DEBT SERVICE FUND
2,173,425.95
471
CFD 98-1 WINCHESTER HILLS DEBT SERVICE
11,472.13
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
6,299,175.99
474
AD03-4 JOHN WARNER ROAD DEBT SERVICE
1,206,351.62
475
CFD03-3 WOLF CREEK DEBT SERVICE FUND
25,565,711.20
Grand Total:
125,787,288.93
ITEM 5
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: ' , (City Manager/City Council
FROM: V, NVilliam G. Hughes, Director of Public Works/City Engineer
DATE: April 13, 2004
SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract No.
29133 (Located East of Ynez Road and North of Santiago Road)
PREPARED BY: Ronald J. Parks, Deputy Director of Public Works
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
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 29133.
2. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond
as security for monumentation for Tract Map 29133.
3. AUTHORIZE the release of the existing Faithful Performance and Monumentation
Bonds (in the form of Certificate of Deposits) for Tract Map 29133.
3. DIRECT the City Clerk to so advise the developer and surety.
BACKGROUND: On April 8, 2003, the City Council approved Tract Map No. 29133,
and entered into Subdivision Improvement Agreements with J. Michael Lanni. The original
subdivider has recently sold the project to Gallery Traditions Partners, LLC. Gallery Traditions
has submitted substitute bonds and agreements. The following lists existing securities and
agreements secured by J. Michael Lanni and posted by Harbor National Bank to be released:
Faithful Performance Bond (Certificate of Deposit) Account No. 002101061 in the
amount of $161,500 to cover street, drainage, sewer, and water improvements.
Monumentation Bond (Certificate of Deposit) Account No. 002101061 in the amount of
$2,500 to secure monumentation.
Accompanying the agreements submitted by the new owner are the following substitute bonds
posted by Developers Surety and Indemnity Company as follows:
Faithful Performance Bond No. 834040S in the amount of $240,909 to cover street,
drainage, sewer, and water improvements.
I
R:WAGENDA REPORTS\2004\041304\TM29133.Bond Substitution.DOC
Labor and Materials Bond No. 834040S in the amount of $120,460 to secure labor and
materials.
Monument Bond No. 834039S in the amount of $7,000 to secure monumentation.
The dollar amounts for the substitute Faithful Performance Bond and Monumentation Bond are
greater than the original bonds due to additional proposed improvement work as shown on the
approved revised improvement plans.
FISCAL IMPACT: None
ATTACHMENTS:
1. Project Vicinity Map
2. Tract Map 29133
2. Substitute Subdivision Improvement Agreement
3. Substitute Subdivision Monument Agreement
4. Substitute Subdivision Faithful Performance Bond
5. Substitute Subdivision Labor and Material Bond
6. Substitute Subdivision Monumentation Bond
2
RAAGENDA REPORTS\2004\041304\TM29133.Bond Substitution.DOC
�Fjjj] a G
� � C
W � €
U
o�¢o
NKp�zU<Oz
�< aWU wO � mU
mv�k'^vai
a�w
a a o0
V] Um020
amz Wo
E=o,2u
OF Nw
o¢oo
n daa
r �aWu
• 0°mz�zo
O o mo
zo�
60�
�2
O0I
F .a00
o V
o saw
wa�wo
aao wz
QQ4w
o
U
, mo zm
'g�mz
zz.V,
as
o->>
y�WFZp
SwONP
O
J 000ry
U3�Oa
a
w mpN
m
W If, _99ax�
8� �g`hah
�m 2�hha�
tla gshi��
P
is
4NNE[Pf
PS191Yys�
� �
{K
a.h
'rt83C
€i�Q
�
<'1F�
K
9tko
h€S�:
k�g�
F
L
O
N
W
m
O
f
121
E
h
a$
j�< $
�
• i �
z
R
�• R}'
%
ail
4
i9
oo
G Ii
g@$
�
h+ghg
IN
e
_o
S��
gY
i3
gi
�c'g�
ppgYg
o .
xN8
N n
•
n{ s n
N•
d
w," 4,,M4
9}
P$ 1 �9
� <h
OYpy� �3�
0
C"pFT� A
8
M
�98
m \� Olt,
4�gggxJ
6
Ty�f �P3�3t�
N
a umwl ��m.m'
A
h O
O
x
n ¢
JIO
^ Z m
F'
o
who
i@
3 1� . Cm�a �� ar rrrorp
f
Z
� b
�3S �
-
d
0 Z
q
NQo
N�d'Kj
F-
RV
WNU
6�
y
UmO�O
6mZWO
N
W
�
XMSy'l3'E
OFtnw
0-
OPo
F�<WU
N g
•OmZJO
O Om W
(jy
ge 1
m0
<OO
O Fezo
A
! m
<<�wi
A'.
<<aw
\}—
U W
�
O
-ZJ
1m-pq
Ow m2
O0FON
6zI.
v
W
N�o
0,io
om
N
S��S^
m
z
y��on
dWmJ
O
e
< MOR
r9
Z,m
8S.W a
6�
O
n
jrylp.Vj
< Si
F7
o sy.
a
rD <
z
n�
O
n
N
Z
UM
yJ
w
fa Os �v
�p I
8 R7
1111II11mil
11Ay
—
ktO+3. T
(NOTw�Os' IztO .ss7
I
l _
-
d
.-
f
IYMEZ ROAD
=
a
m
vic
96
eozzz
NOi'N X
rNEZ ROAD
pyp�
Ri
`J
ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: Ity Manager/City Council
Y'
FROM: " illiam G. Hughes, Director of Public Works/City Engineer
DATE: April 13, 2004
SUBJECT: Authorize Temporary Street Closures for Portions of Butterfield Stage Road
and Calle Chapos for Installation of Rancho California Water District
Transmission Mains
PREPARED BY: Ronald J. Parks, Deputy Director of Public Works
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council approve the temporary street closures for
portions of Butterfield Stage Road and Calle Chapos, and adopt a resolution entitled:
RESOLUTION NO.2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF BUTTERFIELD STAGE
ROAD AND CALLE CHAPOS (AS SHOWN ON THE ATTACHED
EXHIBITS A AND B) FOR A DURATION OF UP TO 30 DAYS TO
ALLOW FOR WATER TRANSMISSION MAIN CONSTRUCTION.
BACKGROUND: Increasing water supply demands in the northeasterly portion of the City
require that Rancho California Water District (RCWD) install new transmission water mains along
certain sections of Butterfield Stage Road, Calle Chapos, Nicolas Road and Murrieta Hot Springs
Road. The proposed water main system will connect two existing RCWD water zones located north
and south of La Serena Way. The two zones will be connected via the proposed extension of
Butterfield Stage Road between Chemin Clinet and Murrieta Hot Springs Road. The installation of
the water mains will occur concurrently with the construction of Butterfield Stage Road and Murrieta
Hot Springs Road extensions. Construction of the road extensions will be performed by the
developers of Shea Homes and Roripaugh Ranch pursuant to the conditions of approval for each
development.
The RCWD water main construction will consist of two phases as follows:
Phase 1 will include installation of major water pipeline facilities in Butterfield Stage Road between
La Serena Way and Murrieta Hot Springs Road, Calle Chapos between Butterfield Stage Road and
Walcott Lane, Nicolas Road between Butterfield Stage Road and Jessie Circle, and Murrieta Hot
Springs Road between Butterfield Stage Road and Pourroy Road. No full closures will be required
during Phase I construction and two-way traffic will be maintained.
1
R:\AGENDA REPORTS\2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc
Phase 2 will consist of the installation of pipeline facilities in Butterfield Stage Road between Chemin
Clinet and La Serena Way, and in Calle Chapos between Walcott Lane and Riverton Lane. The
portion of Calle Chapos between Walcott Lane and Riverton Lane will require full closure due the
limited width of the road. During the period of time between Phase 1 and 2, Butterfield Stage Road
will be constructed between Calle Chapos and Nicolas Road. This completed section of Butterfield
Stage Road will allow the necessary detour of the closed Calle Chapos during Phase 2. As
mentioned above, the portion of Butterfield Stage Road between Chemin Clinet and La Serena Way
will also require a temporary closure. This section of Butterfield Stage is currently under
construction by the developer and will be constructed to half width and paved full -section to final
surface elevations. The half -width construction of Butterfield Stage Road will be completed prior to
the start of RCWD's water main construction for Phase 2. Therefore, Phase 2 of the water main
construction will require the installation work to occur after construction of the half -width
improvements. The road section will be opened to traffic for approximately six months prior to the
start of Phase 2. A full closure is required along this portion of Butterfield Stage Road for the water
line installation due to the limited width of the graded half -width road and the size of the water main
to be installed. Once the water line has been installed the entire 12-foot traveled lane disturbed by
the trench excavation will be repaved by RCW D per City standards.
Both street closures will occurwithin a single 30-day period sometime during the months of October
and November of 2004. The actual street closure dates will be finalized once the contract has been
awarded by RCWD and a construction schedule is confirmed.
Traffic control plans for both Phases 1 and 2 have been approved. Signs indicating detour routes
will be posted as shown on the approved traffic control plan. Business and residents in the vicinity
of the work will be notified of impending work and street closures at least 14 days in advance of
construction. The contractor shall also post special advanced notification signs indicating duration
of construction, a minimum of one week prior to construction.
FISCAL IMPACT: None.
ATTACHMENTS:
1. Resolution No. 2004-
2. Exhibit "A" — Detour Route — Butterfield Stage Road
3. Exhibit "B" — Detour Route — Calle Chapos
2
RAGENDA REPORTS\2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc
RESOLUTION NO.2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF BUTTERFIELD STAGE
ROAD AND CALLE CHAPOS (AS SHOWN ON THE ATTACHED
EXHIBITS A AND B) FOR A DURATION OF UP TO 30 DAYS TO
ALLOW FOR WATER TRANSMISSION MAIN CONSTRUCTION.
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, Increasing water supply demands in the northeasterly portion of the City require
that Rancho California Water District install certain transmission water mains along portions of
Butterfield Stage Road, Calle Chapos, Nicolas Road and Murrieta Hot Springs Road ; and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve the
temporary street closures on Butterfield Stage Road between Chemin Clinet and La Serena Way
and on Calle Chapos between Walcott Lane and Riverton Lane to allow for construction certain
transmission water main improvements (RCWD Project No. 98020) during a single 30-day period
between October 1 and November 30, 2004; and,
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the City Engineer to permit the temporary street closures of Butterfield Stage Road and
Calle Chapos, as shown in Exhibit "A" and Exhibit "B" of this resolution and made a part thereof, for
a period of up to 30 days during construction of water facility improvements as noted above.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 131h day of April 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W.Jones, CMC, City Clerk
3
RIAGENDA REPORTS\2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc
[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. 2004- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 13th day of April 2004, by the following vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
RAAGENDA REPORTSt2004\041304\Butterfield Stage-Calle Chapos Street Closure.doc
a
wZZ : J N
W O Z
cZa
En
U
�
wU�WQOQ
�
o
wmON�
m���H I.-
o
U J
F a W s p a Z
w
Ud'
mZ U w
CJ 1=- O N
U1--
W
W
'Q
ti
U
N jr
30blS
`I`M' Iv q q
Q
a�3i��3u�e
Tr
O
L
H
Z I-
r<
U
� w
W Z
N
W
ZZ`
3N'dl
U U a
('
�p lloo-ivm p�
~
�t
w
a
N
CD
O�
}
O
26
Q �
Qf
W
A°
w w
G��
0
W
w
N vi
N
3
O
0
Q
W
z
H
_
N
o
J
v 4 d
U
W
r
�
r
Q
3
Q
w
ti�
O
U
uj
�Q
K
g
MURRIETA
SPECBE �SWI�GNSEE BELdrl
del
4
asp c? n
DRAWINGS
SHEETS 24-27
NOT TO SCALB
a
C3
TEMECULA wqY
ADVANCED NOTIACATION SIGN (TYP.)
CALLE CHAPOS FROM u
RIVERTON LANE TO
WALCOTT LANE WILL
BE CLOSED TO
THRU TRAFFIC FROM
DATE TO DATE,
LOCAL TRAFFIC ONLY
SPECIAL SIGN
ROAD SEE BELOW
a
SEE NOTE 4
4No CALLE CHAPOS
n poi
Cs(R) I
wI FUTURE STREET
FI NOT IN SERVICE
VISTA DEL
MONTE ROA
CALLE CHAPOS
DETOUR PLAN
NOT TO SCALE
EXHIBIT `B'
ITEM 7
CITY ATTORNEY
DIRECTOR OF FII
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
AL
FROM: /Wr William G. Hughes, Director of Public Works/City Engineer
DATE: April 13, 2004
SUBJECT: All -Way Stop Control — Meadows Parkway and Royal Oaks Drive
PREPARED BY: Ali Moghadam, Principal Engineer -Traffic
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT
THE INTERSECTION OF MEADOWS PARKWAY AND ROYAL
OAKS DRIVE
BACKGROUND: The City received a request to review the sight distance for vehicles
turning left from Royal Oaks Drive onto Meadows Parkway and for students on bicycles crossing
Meadows Parkway. An evaluation of the intersection's sight distance revealed that the sight
distance is limited due to alignment of Meadows Parkway.
The Caltrans Traffic Manual indicates that the multi -way stop signs may be useful at locations where
the volume of traffic on intersecting roads is approximately equal and/orwhere a combination of high
speed, restricted sight distance and an accident history indicates that assignment of right-of-way is
necessary. A Multi -Way Stop Warrant Analysis was performed to determine if the minimum warrant
criteria for the installation of an All -Way Stop Control were satisfied. Although the analysis indicates
that a multi -way stop control is notjustified at this location based on volume and accident history, the
analysis indicates that a multi -way stop control would be appropriate at this location because the
sight distance visibility falls below the minimum requirement for prevailing speeds.
At their meeting of March 25, 2004, the Public/Traffic Safety Commission considered the request
and approved (5-0) the staff recommendation to establish an All -Way Stop Control at the
intersection of Meadows Parkway and Royal Oaks Drive.
FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account
ATTACHMENTS:
1. Resolution No. 2004-
2. Exhibit "A" — Location Map
3. Exhibit "B" — Public/Traffic Safety Commission Agenda Report — March 25, 2004
r:\Agenda Report\2004\0413\stopmeadowsroyaloaks.reso
RESOLUTION 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT
THE INTERSECTION OF MEADOWS PARKWAY AND ROYAL
OAKS DRIVE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS
FOLLOWS:
SECTION 1. The City Council has considered the facts justifying the need for the stop signs
proposed for the location described in this resolution. The City Council hereby finds and determines
that installation of the stop signs pursuant to this resolution will enhance the public health and safety
and general welfare at this location and the proposed stop signs will not create any adverse
conditions in the area.
SECTION 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following
All -Way Stop intersection is hereby established in the City of Temecula.
Meadows Parkway and Royal Oaks Drive
SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 13th day of April 2004.
ATTEST:
Susan W. Jones, CMC, City Clerk
Michael S. Naggar, Mayor
r%Agenda Report\2004k04l3\stopmeadowsmyaloaks.reso
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 2004- was duly and regularly adopted by the City Council at a regular
meeting of the City Council on the 13th day of April 2004, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
r:\Agenda Report\2004\0413\stopmeadowsroyaloaks.reso
15
AGENDA REPORT
TO: Public/Traffic Safety Commission
FROM: eA)Ali Moghadam, P.E., Principal Engineer - Traffic
DATE: March 25, 2004
SUBJECT: Item 5
Multi -Way Stop Signs — Meadows Parkway and Royal Oaks Drive
RECOMMENDATION:
That the Public/Traffic Safety Commission recommend that the City Council adopt a resolution
establishing Multi -Way Stop signs at the intersection of Meadows Parkway and Royal Oaks Drive.
BACKGROUND:
The City received a request to review the sight distance for vehicles turning left from Royal Oaks
Drive onto Meadows Parkway and for students on bicycles crossing Meadows Parkway. The public
has been notified of the Public/Traffic Safety Commission's consideration of this issue through the
agenda notification process and by mail.
Meadows Parkway is classified as a 76 foot wide four (4) lane Major Highway on the City's General
Plan Circulation Element with two travel lanes in each direction, a raised median and a bike lane in
each direction. The Average Daily Traffic (ADT) on Meadows Parkway is approximately 4,800 south
of La Serena Way. The speed limit is posted at 45 MPH on Meadows Parkway.
Royal Oaks Drive is a 40 foot wide residential street with one travel lane in each direction. The
prima facie speed limit is 25 MPH on Royal Oaks Drive.
A review of the accident history for the twenty-four (24) month period from January 1, 2002 to
December 31, 2003, indicates that there was only one (1) collision at this intersection. This collision
however, was a left -turn collision and was not attributed to sight distance.
The Caltrans Traffic Manual indicates that the multi -way stop signs may be useful at locations where
the volume of traffic on intersecting roads is approximately equal and/orwhere a combination of high
speed, restricted sight distance and an accident history indicates that assignment of right-of-way is
necessary. Multi -way stop signs should not be used for controlling vehicular speed. There are
three (3) criteria that Caltrans has established for the evaluation of Multi -Way Stop signs. These
criteria are as follows:
Where signals are warranted and urgently needed, the multi -way stop may be an interim
measure that can be installed quickly to control traffic while arrangements are being made
for the signal installations.
c\tratri6commissn\agenda\2004\0325\wabashandsr7g/ajp
2. An accident problem, as indicated by five (5) or more reported accidents within a twelve
(12) month period of a type susceptible to correction by a multi -way stop installation. Such
accidents include right and left -turn collisions as well as right-angle collisions.
3. Minimum Traffic Volumes
a. The total v ehicular v olume a ntering t he i ntersection f rom a II a pproaches m ust
average at least 500 vehicles per hour for any eight (8) hours of an average day,
and
b. The combined vehicular and pedestrian volume from the minor street or highway
must average at least 200 units per hour for the same eight (8) hours, with an
average delay to minor street vehicular traffic of at least 30 seconds per vehicle
during the maximum hour, but
C. When the 85th percentile approach speed of the major street traffic exceeds 40
miles per hour, the minimum vehicular volume warrant is 70 percent of the above
requirements.
The Multi -Way Stop warrant analysis performed for the intersection indicates that the existing
volumes are considerably lower than the applicable warrant criteria. Based on the volume warrant
criteria multi -way stop controls are not justified at Meadows Parkway and Royal Oaks Drive.
A review of the prevailing speed data on Meadows Parkway indicates that the 851h percentile speed
is 50 MPH in the vicinity of the Royal Oaks Drive intersection.
An evaluation of the intersection's sight distance indicates that the visibility from Royal Oaks Drive
looking north was unobstructed. However, the sight distance visibility looking south from Royal
Oaks Drive falls below the minimum stopping sight distance for a 52 MPH speed due to the vertical
alignment of the roadway. A sight distance of approximately 500 feet is required for a prevailing
speed of 52 MPH. The evaluation determined that the sight distance visibility does not meet the
minimum requirement.
The warrant analysis indicates that multi -way stop controls are notjustified at this location based on
volume and accident history. However, the Caltrans Traffic Manual states that multi -way stop
controls may be considered at intersections where the sight distance cannot be improved by
removing the obstruction. Although it is likely that the installation of the stop sign will increase noise
levels due to vehicular acceleration and deceleration, staff recommends the installation of multi -way
stop signs at this location based on the lack of sufficient sight distance and visibility.
FISCAL IMPACT:
Funds are available for the installation of signs and associated pavement markings in the Public
Works Routine Street Maintenance Account.
Attachment:
1. Exhibit "A" — Location Map
2. Exhibit'B" — Multi -Way Stop Warrant Analysis
r:\tmfOc\wmmissn\agenda\2004\0325\wabashandsr79/ajp
ITEM 8
CITY ATTORNEY
DIRECTOR OF FI
CITY MANAGER
CITY OF TEMECULj
AGENDA REPORT
TO: City Manager/City Council
FROM: 4 william G. Hughes, Director of Public Works/City Engineer
DATE: April 13, 2004
SUBJECT: Acquisition Agreement for the Community Theater -Project No. PW02-23
PREPARED BY: Amer Attar, Principal Engineer
Marilyn Adarbeh, Property Agent
RECOMMENDATION: That the City Council:
Approve and authorize the City Manager to execute in substantially the form attached
hereto, the PURCHASE AND SALE AGREEMENT BETWEEEN CITY OF TEMECULA
AND DENNIS G. and PATRICIA A. MUNYON FAMILY TRUST, for the acquisition of
certain real property in the amount of $107,000.00 plus the associated escrow fees.
2. Direct the City Clerk to record the document
3. Adopt a Resolution entitled:
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY
INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS
PERMITTED BY GOVERNMENT CODE SECTION 27281
BACKGROUND: On February 24, 2003, the City Council approved the Appraisal Report
and authorized the City Engineer and the City's Property Agent, to make offers and negotiate
the acquisition of certain real properties required for the construction of the Community Theater,
Project No. PW02-23. On March 2, 2004, the City delivered to Dennis G. and Patricia A.
Munyon Family Trust an offer to purchase the property interests of a portion of Fourth Street as
shown on the Map of the Town of Temecula, which was vacated by Resolution No. 87-272 of
the City of Temecula per instrument no. 218023, dated July 29, 1987 Official Records of
Riverside County California. The portion to be acquired is part of APN 922-035-015 & 16, as
described in the Agreement. The negotiations have concluded as set forth herein. The
attached Purchase and Sale Agreement describe the details for the acquisition of the real
property interests necessary to construct the improvements for the future Community Theater.
The purchase amount, $107,000.00, is within the contingency amount the City Council
authorized for this purchase. Upon the approval of the Purchase and Sale Agreement and the
close of escrow, the City will own a portion of Fourth Street, vacated by Resolution 87-272 by
the City of Temecula, APN 922-035-015 & 16.
R:\agdrpt\2003\0610\PW02-11 automall Agree
Additionally, Government Code section 27281 permits governmental agencies to authorize one
or more of its officers or agents to accept and consent to acceptance for recordation any interest
in real estate. This authorization given to the Public Works Department, by resolution of the City
Council, will expedite the processing of the real estate transactions.
FISCAL IMPACT: The Community Theater, Project No. 02-23, is a Capital Improvement
Program Project for Fiscal Year 2003-2004 and is funded through the Redevelopment Agency.
Sufficient funds are available for the total acquisition costs and the associated escrow fees.
ATTACHMENTS:
1. Resolution No. 2004-
2. Project Location
3. Project Description
4. Purchase and Sale Agreement
R:\agdrpt\2003\0610\PW02-11 automall Agree
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY
INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS
PERMITTED BY GOVERNMENT CODE SECTION 27281
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, Government Code Section 27281 permits any political corporation or
governmental agency to authorize one or more of its officers to accept and consent to
acceptance for recordation any interest in real property;
WHEREAS, the City Council finds that authorizing the Director of Public Works to accept
deeds or grants conveying any interest in, or easement upon, real estate will speed up the
processing of real estate transactions;
WHEREAS, the City Council desires to authorize the Director of Public Works to accept
deeds or grants conveying any interest in, or easement upon, real estate;
NOW, THEREFORE BE IT RESOLVED;
The Director of Public Works is hereby authorized to accept deeds or grants conveying
any interest in, or easement upon, real estate for the City Council of the City of Temecula.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a
regular meeting held on the 13th day of April, 2004 by the following vote:
ATTEST:
Susan W. Jones, CMC, City Clerk
Michael S. Naggar, Mayor
R:\agdrpt\2003\0610\PW02-11 automall Agree
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. 2004- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on this 13th day of April, 2004 by the following vote:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R:\agdrpt\2003\0610\PW02-11 automall Agree
(
Q
k
7
\
a
I
,
N
\
}
A/4\k\\
/
k�
\\\\
�
;
§
\
\ \
\
\
§
m
~
){
"
\2
§
\j
\\*
)�
1
__
"
w0
\j
U
6
j g
8
)§(\
5
\)j\
\
m®)
\]
2#2
\\)0
±)
m
_
e
AA&
$�
2)
\
\d
4/
)
ƒ
2/
�
-
,
�
)\
(
?%
/\
)
a
)
)
)
K
®
)
/
A
QJ/me
£A
PROJECT: Old Town Community Theater
APN: 922-035-015 & 016
AGREEMENT
OF PURCHASE AND SALE
THIS AGREEMENT is entered into by and between the CITY OF TEMECULA
('Buyer") and Dennis G. and Patricia A. Munyon, Trustee of the Munyon Family Trust
dated 4/9/92 ("Seller").
RECITALS
A. Seller owns certain real property located in the City of Temecula,
Riverside County, California, bearing Assessor Parcel No. 922-033-015 & 016, more
particularly described in Exhibit "A" attached hereto and made a part hereof (the "Larger
Parcel").
B. Buyer desires to purchase a fee interest in the Larger Parcel, identified as
APN 922-033-015 & 016, shown on Exhibit "A" attached hereto and made a part hereof
(the "Property") and Seller desires to sell the Property.
C. The parties desire by this Agreement to provide the terms and conditions
for the purchase and sale of the Property.
AGREEMENT
The parties therefore agree as follows:
PURCHASE.
Buyer agrees to buy and Seller agrees to sell and convey the Property for
the purchase price and upon the terms and conditions hereinafter set forth.
ESCROW.
Upon execution of this Agreement by all parties, the parties shall open an escrow
(the "Escrow") with FIRST AMERICAN TITLE (the "escrow Holder"), for the purpose of
consummating the purchase and sale of the Seller's interest in the Property as
described herein. The parties hereto shall execute and deliver to Escrow Holder such
escrow instructions prepared by Escrow Holder as may be required to consummate the
transaction contemplated by this Agreement. Any such instructions shall not conflict
with, amend, or supersede any provisions of this Agreement. If there is any
inconsistency between such instructions and this Agreement, this Agreement shall
control unless the parties expressly agree in writing otherwise. The Escrow Instructions
shall include the following terms and conditions of sale:
Page 1 of 2
2.1 Purchase Price.
The total purchase price for the Property shall be the sum of One Hundred
Seven Thousand Dollars ($107,000.00) for an all-inclusive settlement. The purchase
price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit
prior to Close of Escrow the funds required to be deposited by it in order to allow the
Escrow to close.
2.2 Close of Escrow
Escrow shall close on or before sixty (60) days or sooner, following the
execution of this Agreement ( the "Close of Escrow"). If Escrow is not in a condition to
close by the Close of Escrow, any party who is not then in default may, in writing,
demand the return of its money and/or documents. Thereupon all obligations and
liabilities of the parties under this Agreement shall cease and terminate. If no such
demand is made, Escrow shall be closed as soon as possible thereafter.
2.3 Condition of Title to Property.
Seller shall cause the conveyance of his interests in the Property to Buyer
as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title
Policy") purchase price. The Title Policy shall show as exceptions with respect to the
Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any
exceptions to title representing monetary liens or encumbrances are hereby
disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause
the reconveyance, partial reconveyance, or subordination, as the case may be, of any
such monetary exceptions to Buyer's title to the Property at or prior to the Close of
Escrow.
2.4 Escrow and Closing Costs.
A. Because of Buyer's status as a public agency, no documentary
transfer tax will be payable with respect to this conveyance, pursuant to California
Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable
with respect to the recording of the Grant Deed, pursuant to Government Code Section
27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs
and expenses incurred herein.
B. To the extent that Seller has prepaid any taxes or assessments
attributable to the Property, Seller shall be solely responsible for obtaining any refund
due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at
Seller's sole cost, in obtaining said refund, if any. In no case, however, shall Buyer
credit or otherwise pay Seller fro that refund, if any, through or outside of Escrow.
Page 2 of 2
2.5 Deposit of Funds and Documents.
A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all
Escrow and Closing Costs as described above: (ii) the purchase price to be paid to
Seller through Escrow; (iii) such other documentation as is necessary to close Escrow.
B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the
properly executed Grant Deed for conveyance of his interests in the Property to Buyer;
and (ii) such other documents and sums, is any, as are necessary to close Escrow in
conformance herewith.
2.6 Buyer's Conditions Precedent to Close of Escrow.
The close of Escrow is subject to the following conditions:
(a) All representations and warranties of Seller set forth in this
Agreement shall be true and correct as of the date of the Close of Escrow: and
(b) Seller shall timely perform all obligations required by the terms of
this Agreement to be performed by them.
2.7 Seller's Conditions Precedent to Close of Escrow.
For the benefit of Seller, the Close of Escrow shall be conditioned upon
the timely performance by Buyer of all obligations required by the terms of this
Agreement.
3. REPRESENTATIONS AND WARRANTIES OF SELLER.
Seller makes the following representations and warranties with respect to
the Property, each of which shall survive Close of Escrow:
(a) The execution and delivery of this Agreement by Seller, Seller's
performance hereunder, and the consummation of the transaction contemplated hereby
will not constitute a violation of any order or decree or result in the breach of any
contract or agreement to which Seller is at present a party or by which Seller is bound;
(b) To Seller's knowledge, no litigation and no governmental,
administrative or regulatory act or proceeding regarding the environmental, health and
safety aspects of the Property is pending, proposed or threatened;
(c) Seller will not enter into any agreements or undertake any new
obligations prior to Close of Escrow which will in any way burden, encumber or
otherwise affect his interest in the Property without the prior written consent of Buyer;
Page 3 of 3
(d) Seller has and shall have paid, before Close of Escrow, his pro rata
share of all taxes and assessments levied and assessed against the Larger Parcel. If
not paid prior to Close of Escrow, Seller hereby authorizes Escrow holder to disburse to
the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy
his pro rata share of said taxes and/or assessments; and
(e) Seller is aware of his obligation under California Health and Safety
Code Section 25359.7 to disclose any knowledge which they may have regarding any
release of Hazardous Substances (as defined by applicable federal, state and local
statutes, rules and regulations) upon or under the Property. Seller warrants and
represents to Buyer that Seller is not aware that any such Hazardous Substances have
been generated, stored or disposed of upon or under the Larger Parcel.
4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE
A. By execution of his Agreement, Seller, on behalf of himself, his heirs,
executors, administrators, successors and assigns, hereby acknowledges that this
Agreement provides full payment for the acquisition of the Property by Buyer, and Seller
hereby expressly and unconditionally waives any claim for damages, relocation
assistance benefits, interest, loss of goodwill, severance damages, claims for inverse
condemnation or unreasonable precondemnation conduct, or any other compensation
or benefits other than as already expressly provided for in this Agreement, it being
understood that this is a complete and full settlement of all acquisition claims, liabilities,
or benefits of any type or nature whatsoever relating to or in connection with the
acquisition of the Property by Buyer.
B. This Agreement arose out of Buyer's efforts to acquire the Property
through its municipal authority. Seller, on behalf of himself, his heirs, executors,
administrators, successors and assigns, hereby fully releases Buyer, its successors,
agents, representatives (including attorneys), and assigns, and all other persons and
associations, known or unknown, from all claims and causes of action by reason of any
damage which has been sustained by Seller, or may be sustained by Seller, as a result
of Buyer's efforts to acquire the Property or to construct the works of improvement
thereon, or any preliminary steps thereto. This Agreement does not, and shall not be
construed to, require Seller to indemnify Buyer for damages which may arise as a result
of Buyer's efforts to construct improvements on the Property.
C. Seller herby acknowledges that he either has consulted with legal counsel,
or had an opportunity to consult with legal counsel, regarding the provisions of the
California Civil code section 1542, which provides as follows:
"A general release does not extend to claims
which the creditor does not know or suspect to
exist in his favor at the time of executing the
release, which if known by him must have
Page 4 of 4
materially affected his settlement with the
debtor'
Seller acknowledges that he may have sustained damage, loss, costs or
expenses which are presently unknown and unsuspected, and such damage, loss,
costs or expenses in the future. Nevertheless, Seller herby acknowledges that this
Agreement has been negotiated and agreed upon I light of that situation, and hereby
expressly waive any and all rights which they may have under California Civil Code
Section 1542, or under any statute or common law or equitable principal of similar
effect.
This acknowledgment and release shall survive the Close of Escrow.
5. REMEDIES.
If Seller defaults under this Agreement, then Buyer may, at Buyer's option,
terminate the Escrow or initiate and action for specific performance of this Agreement,
in addition to pursuing any other rights or remedies that Buyer may have at law or in
equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option,
terminate the Escrow or pursue any rights or remedies that Seller may have at law or in
equity.
6. MISCELLANEOUS.
A. Notice. Any notice to be given or other document or documents to
be delivered to either party by the other hereunder may be delivered in person or may
be deposited in the United States Mail in the State of California, duly registered or
certified, with postage prepaid, and addressed as follows:
Seller: Dennis G. & Patricia A. Munyon
945 N. Los Alisos
Fallbrook, CA 92028
Buyer: Peter Thorson
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Any notice or other document sent by registered or certified mail as
aforesaid shall be deemed to have been effectively served or delivered at the expiration
of twenty-four (24) hours following the deposit of said notice or other document in the
United States mail.
Page 5 of 5
B. Time of Essence. Time is of the essence with respect to each and
every provision hereof.
C. Assignment. Neither this Agreement, nor any interest herein, shall
be assignable by any party without prior written consent of the other parties.
D. Governing Law. All questions with respect to this Agreement, and
the rights and liabilities of the parties hereto, shall be governed by the laws of the State
of California.
E. Inurement. Subject to the restrictions against assignment as herein
contained, this Agreement shall inure to the benefit of, and shall be binding upon, the
assigns, successors in interest, personal representatives, estates, heirs and legatees of
each of the parties hereto.
F. Attorney Fees. In the event of any controversy, claim or dispute
between the parties hereto, arising out of or relating to this Agreement or the breach
thereof, the prevailing party shall be entitled to recover from the other party reasonable
expenses, attorney fees and costs.
G. Entire Agreement, This Agreement contains the entire Agreement
of the parties hereto, and supersedes any prior written or oral agreements between
them concerning the subject matter contained herein. There are no representations,
agreements, arrangements, or understandings, oral or written, between the parties
hereto, relating to the subject matter contained in this Agreement which are not fully
expressed herein.
H. Additional Documents. All parties hereto agree to execute any and
all additional documents and instruments necessary to carry out the terms of this
Agreement.
I. No Merger. All warranties, representations, acknowledgments,
releases, covenants and obligations contained in this Agreement shall survive delivery
and recordation of the Grant Deed.
J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents
to Seller that he is the City Manager of the City of Temecula and that he is authorized
by Buyer to execute this Agreement on its behalf.
K. Ratification. This Agreement is subject to approval and ratification
by the City Council of the City of Temecula.
L. Counterparts. This Agreement may be signed in counterpart or
duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a
signed original for all purposes.
Page 6 of 6
RIGHT OF POSSESSION.
"It is agreed and confirmed by the parties hereto that notwithstanding
other provisions in this agreement, the right of possession and use of the subject
property by the Buyer, including the right to remove and dispose of improvements, shall
commence upon execution of this document by the City Manager of the City of
Temecula or the close of escrow controlling this transaction, whichever occurs first, and
that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for
such possession and use, including damages, if any, from said date."
EXECUTED on the date or dates set forth below. This Agreement shall be
effective as of the date signed by all parties.
DATED: 3LI'7101 SELLER:
RECOMMENDED FOR APPROVAL:
0
DATED:
(to be dated by the Mayor)
BUYER
CITY OF TEMECULA
By:
Shawn Nelson, City Manager
ATTEST:
Susan W. Jones, CMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attomey
Page 7 of 7
ITEM 9
APPROVAL
CITY ATTORNEY
DIRECTOR OF FII
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
41W FROM: illiam G. Hughes, Director of Public Works/City Engineer
DATE: April 13, 2004
SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for Jefferson Avenue Pavement Rehabilitation — Phase 11,
from approximately 650 feet south of Overland Drive to Rancho California
Road; PW02-26
PREPARED BY: Amer Attar, Principal Engineer
Mayra De La Torre, Associate Engineer
RECOMMENDATION: That the City Council approve the Construction Plans and
Specifications and authorize the Department of Public Works to solicit construction bids for the
Jefferson Avenue Pavement Rehabilitation — Phase II from approximately 650 feet south of
Overland Drive to Rancho California Road; Project No. PW02-26.
BACKGROUND: The Jefferson Avenue Pavement Rehabilitation Project consists of two
(2) phases. A few years ago, Phase I addressed improvements along Jefferson Avenue from the
northerly City limit line to approximately 650 feet south of Overland Drive. This project, which is
Phase 11, i ncludes a bout 6 ,4001 inear f eet o f p avement rehabilitation along Jefferson Avenue
between approximately 650 feet south of Overland Drive to Rancho California Road.
Jefferson Avenue Pavement Rehabilitation - Phase II will include complete pavement
reconstruction, which will lower the roadway elevation within the project limits, minimal driveway and
curb & gutter removal and replacement, utility relocations, signing & striping, traffic control and other
appurtenant items. This project will ultimately improve and extend the life of the pavement. In
addition, because the roadway will be lowered, existing problems at many driveways due to high
elevations of the road will be eliminated.
The specifications and contract documents have been completed and the project is ready to be
advertised for construction bids. The contract document is available for review in the City Engineer's
office. The Engineer's Construction Estimate for this project is $2,200,000.00.
FISCAL IMPACT: The Jefferson Avenue Pavement Rehabilitation — Phase II is a Capital
Improvement Program Project and funded with Measure A and Capital Project Reserves. Once the
bids are received and the contract amount is known, it may be necessary to transfer funds from the
Capital Improvement Program Project for the Pavement Rehabilitation Program — Citywide.
ATTACHMENTS:
1. Location Map
2. Project Description
RAAGENDA REPORTST00410413MM02-20 BID.DOC
a
W
a
O
k�
F
z
�'
a
a
z
0
d
:�
F
d
0
L
z�
a
0
°
0
U H
o
M
v
O
E
N
Q
C
0
w
0
O
V
0
0
N
O
O
N
O
O
N
0
O O
0 ff o
N
M If
O
o
o A o
O O O
000
-: 0 0
C) h M
64 69 69
O
0
0
69
M� I
w
C
r
♦'
u
0
O
W
Lti
�
0
❑
0
c
0
•�
ab
au
7u
Cr
C
r
S7
7 O O
D O O
n a, M
7 M o0
.y .r
A `q W)11
r2
q
2
t
�
I
k
/
C*
�
k
)
B
)
k
?
f!}
]u
/
-
);
/
\
}
Wi
of
\}
}\}\}
\�
\
�
.
!
;
)$)0
\
\
)
k\))0
/
e
ITEM 10
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAI
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: 4Ailliam G. Hughes, Director of Public Works/City Engineer
DATE: April 13, 2004
SUBJECT: Professional Services Agreement for Geotechnical and Material Testing
Services — LOR Geotechnical Group, Inc.
Pechanga Parkway Phase IIA Storm Drain Improvements
Project No. PW99-11SD
PREPARED BY: Amer Attar, Principal Engineer - Capital Projects
Steven Beswick, Associate Engineer - Capital Projects
RECOMMENDATION: That the City Council:
1. Approve an agreement with LOR Geotechnical Group, Inc. in an amount not to exceed
$78,690.00 to provide as needed geotechnical and material testing services for the
Pechanga Parkway Phase IIA Storm Drain Improvements, Project No. PW99-1 1 SD, and
authorize the Mayor to execute the agreement.
2. Authorize the City Manager to approve amendments to the agreement not to exceed the
contingency amount of $7,869.00, which is equal to 10% of the agreement amount.
BACKGROUND: The Pechanga Parkway Storm Drain Improvements, Project No. PW99-11SD will
require g eotechnical, m aterials t esting, a nd s pecial i nspection s ervices. T he contract with LOR
Geotechnical Group, Inc. will provide the needed professional services for the project.
On March 23, 2004, the City Council awarded a construction contract forthe Pechanga Parkway Phase
IIA Storm Drain Improvements, Project No. PW99-11SD, to Yeager Skanska, Inc.. Thereafter, City
staff evaluated five proposals received for geotechnical and materials testing services for the subject
project. LOR Geotechnical Group, Inc. was selected to provide the needed services based upon their
experience with similar projects, previous work performed in Riverside County, and theirexpertise with
specific task assignments.
RAAGENDA REPORTS\2004\041304\GeetechM99-11 SD.a9r. DOC
FISCAL IMPACT: The geotechnical and laboratory materials testing services for the Pechanga
Parkway Phase IIA Storm Drain Improvement Project will be funded through Development Impact Fees
- Street Improvements, a contribution from the Pechanga Indian Tribe, the Wolf Creek Community
Facilities District, and AD-159. The total authorization for this professional services agreement is
$86,559.00, which includes the agreement in the amount of $78,690.00, plus the 10% contingency of
$7,869.00. Adequate funds are available in Account No. 210-165-668-5804.
ATTACHMENTS:
1. Project Location
2. Project Description
3. Agreement with LOR Geotechnical Group, Inc.
R:\AGENDA REPORTS\2004\041304\GemechPW99-11 SO. agr. DOC
-1
F
O
a
r_
x
O
3
Gr
O •�i
P. � G
oo�a000�
oo�oogoo� p ed.1 O O v1 O
d
F. e N mNd ... b o rn
u v ...� b
vj yr vi
O
0
N
O
O
O
0
0
0
3 rn o N
ado y 7 oMo
N D` �y W Vl Vl
O0 h Q N b
W N Q w M
=90
O pO O O. O,
O O m
N V O Ow h
.-+ N
f 69 69 fA V)
0
5
0
� U
p A
> F
O q N
b oo
m
G
co
N Q
U T y
A N
aA� c0 'u
51 w m
0
U AawF-
d
9
U
c
U
M
tira
a
p
U
O
rn
L
O
'O
O N
G
F O
7
0
F
Q
Q
U
U Cl
W
.-I F
w
W
M4
CITY OF TEMECULA
AGREEMENT
FOR
GEOTECHNICAL AND LABORATORY MATERIALS TESTING SERVICES
PECHANGA PARKWAY PHASE IIA STORM DRAIN IMPROVEMENTS
WOLF VALLEY CREEK CHANNEL — STAGE 1
PROJECT NO. PW99-11SD
THIS AGREEMENT, is made and effective as of April 13, 2004, between the City of
Temecula, a municipal corporation ("City') and LOR Geotechnical Group, Inc., ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on April 13, 2004, and shall remain
and continue i n e ffect u ntil t asks d escribed h erein a re c ompleted, b ut i n n o e vent I ater t han
December 31, 2005, 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 time faithfully, competently and to
the best of his or her ability, experience, and talent, performs 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 provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
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. Consultant shall not bill the City for any travel time and
expenses associated with it, nor shall the Consultant charge a set minimum number of hours
for each site visit. Any terms in Exhibit B other than the payment rates and schedule of payment
are null and void. This amount shall not exceed Seventy Eight Thousand Six Hundred Ninety
Dollars and No Cents ($78,690.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
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 prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the 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.
DEFAULT OF CONSULTANT.
a. The Consultant's failure to complywith 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
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and otherdocuments prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the Cityand
may be used, reused or otherwise disposed of by the Citywithout 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 written 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 written consent of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, 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:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
O6 92 covering 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 iability I nsurance s hall b e w ritten o n a p olicy f orm
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 peroccurrence 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) peraccidentfor
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; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the 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 primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self -insured
maintained by the 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 provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respectto
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Consultant shall f urnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
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 affecting 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 written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories 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
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 right 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 (1) 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:
To Consultant:
Mailing Address:
City of Temecula
PO Box 9033
Temecula, California 92589-9033
Attention: City Manager
Physical Address:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
LOR Geotechnical Group, Inc.
6121 Quail Valley Court
Riverside, California 92507
Attention: M. Kevin Osmun, PE, Vice President
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten 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 during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted.
18. PROHIBITED INTEREST. Noofficer, oremployeeof the CityofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Michael S. Naggar, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
LOR Geotechnical Group, Inc.
6121 Quail Valley Court
Riverside, California 92507
(909) 653-1760
M. Kevin Osmun, PE, Vice President
John P. Leuer, GE, President
(Signatures of two corporate officers required for Corporations)
LOR GEOTECHNICAL GROUP, INC.
Soil Engineering ♦ Geology ♦ Environmental
EXPANDED SCOPE OF SERVICES
WOLF VALLEY CREEK CHANNEL PROJECT
CITY OF TEMECULA, CALIFORNIA
PROJECT NO. PW 99-11SD, RFP NO. 126
REFERENCE NO. 2404A.P
APRIL 1, 2004
Prepared For:
City of Temecula
Capital Projects
43200 Business Park Drive
Temecula, California 92590
Attention: Mr. Steven Beswick
LOR GEOTECHNICAL GROUP, INC.
Soil Engineering ♦ Geology ♦ Environmental
April 1, 2004
City of Temecula
Capital Projects
43200 Business Park Drive
Temecula, California 92590
Attention: Mr. Steven Beswick
Reference No. 2404A.P
Subject: Expanded Scope of Services, Wolf Valley Creek Channel Project, City of
Temecula, California, Project No. PW 99-11 SD, RFP No. 126.
Reference: Proposal to Provide Professional Geotechnical and Construction Materials
Testing Services, Wolf Valley Creek Channel, (Project No. PW99-11SD),
Temecula, California, (RFP No. 126), dated March 8, 2004, Reference No.
2404.P.
Pursuant to your request, we are providing an expanded scope of services for the
professional geotechnical and construction materials testing for the Wolf Valley Creek
Channel project as outlined in the above referenced proposal provided by this firm. The
following is a time frame for each task and the personnel we will assign to the project.
For the length of the project we have used a time frame of 150 days.
At this point in time, it is impossible to determine which of our field technicians or deputy
inspector will be available for the project. We will endeavor to provide the same
personnel throughout the length of the project, but depending on the timing, this may
not be practical.
We have estimated that, based on the man hours we have proposed, the cost will be
Seventy -Eight Thousand Six Hundred Ninety Dollars ($78,690.00). If the deputy
inspector is required for the steel and concrete inspection, then an additional time of
City of Temecula Reference No. 2404A.P
April 1, 2004
200 hours would be necessary for an additional cost of Seventeen Thousand Dollars
($17,000).
Our cost will be billed on a time and materials basis with charges only for the actual
work conducted. Time tickets will be provided to your field inspector to accurately track
the time we are present on the project.
SCOPE OF WORK
The scope of work we are proposing for the project will be to provide compaction and
construction materials testing services. We propose the following items of work:
compaction testing for the grading of the alignment, the utility relocation, the backfill of
the RCB, the backfill of the new water line, street subgrade, aggregate base, and
asphalt concrete. Construction materials testing will consist of quality compliance of the
aggregate base, asphalt concrete, and Portland Cement Concrete supplied to the
project. Additionally, we will cast concrete cylinders during the concrete pours for the
project.
TASK ANALYSIS
The following task analysis provides a breakdown of the scope of work in more detail:
TASK
ASSIGNED
PERSONNEL
ESTIMATED
QUANTITY
UNIT COSTS
ESTIMATED
COST
Plan and Specification Review
John P. Leuer, GE
8 Hours
$180/hour
$1,440.00
Progress Meetings
John R. Muir,
Staff Engineer
24 Hours
$95/hour
$2,280.00
Grading of Channel Bottom
Field Technician
36 Hours
$85/hour
$3,060.00
Backfill of Utilities
Field Technician
24 Hours
$85/hour
$2,040.00
Backfill of Water Line
Field Technician
16 Hours
$85/hour
$1,360.00
Relocated Utilities Backfill
Field Technician
24 Hours
$85/hour
$2,040.00
Backfill of RCB
Field Technician
200 Hours
$85/hour
$17,000.00
Subgrade and Base Testing
Field Technician
36 Hours
$85/hour
$3,060.00
Asphalt Concrete Testing
Field Technician
16 Hours
$85/hour
$1,360.00
2
City of Temecula
April 1, 2004
Reference No. 2404A.P
TASK
ASSIGNED
PERSONNEL
ESTIMATED
QUANTITY
UNIT COSTS
ESTIMATED
COST
Miscellaneous Compaction
Testing (driveway, sidewalk,
curb & gutter)
Field Technician
24 Hours
$85/hour
$2,040.00
Concrete Sampling
Deputy Inspector
200 Hours
$85/hour
$17,000.00
Batch Plant Inspection
ACI Certified
Technician
160 Hours
$85/hour
$13,600.00
Laboratory Compaction
Laboratory Technician
8 Tests
$130/150/test
$1,080.00
Laboratory Sieve Analysis
Laboratory Technician
8 Tests
$65/test
$520.00
Laboratory Sand Equivalent
Laboratory Technician
9 Tests
$50/test
$450.00
Laboratory AC Extraction
Laboratory Technician
2 Tests
$200/test
$400.00
Laboratory AC Density
Laboratory Technician
2 Tests
$110/test
$220.00
Laboratory AC Stability
Laboratory Technician
2 Tests
$140/test
$280.00
Laboratory R-Value
Laboratory Technician
2 Tests
$230/hour
$460.00
Laboratory Concrete Breaks
Laboratory Technician
200 Breaks
$20/test
$4,000.00
Reports
John P. Leuer, GE
4 Reports
$1,250/report
$5,000.00
ESTIMATED TOTAL
$78,690.00
EXPANDED SCOPE OF SERVICES
Grading of the Channel Bottom
The grading of the channel bottom will entail the removal of unsuitable material and the
replacement of that material with compacted fill to grade. We expect an engineer,
geologist, or senior field technician from this firm will verify the suitability of the channel
bottom. The refilling operation with compacted material will be conducted by a senior
field technician. We anticipate a total of 36 hours will be necessary for the verification of
the bottom and the compaction testing during the filling of the channel bottom to grade.
Utility Backfill
During the construction of the project, utility lines will need to be relocated and new
utility lines, including water, will need to be installed. We anticipate a total of 64 hours of
technician time will be necessary for this portion of the project. In all likelihood, some of
3
LOR GEOTECHNICAL GROUP, INC,
Soil Engineering ♦ Geology ♦ Environmental
the utility backfill will be conducted while we are already on the site conducting other
work items, such as RCB backfill.
Concrete Sampling
We have proposed one set of five concrete cylinders per 150 cubic yards (c.y.) of
concrete placed or as requested by the field inspector. Maximum breaks would be one
at 7 days and two at 28 days with the remaining cylinders as spares. As on previous
City projects, we anticipate the field inspector will provide a time frame for us to be on
the site to cast the cylinders for the current day's pour. For a cost basis, we have
estimated 150 c.y. of concrete per day for 42 days and 3 days of miscellaneous
concrete for a total of 50 days. We have estimated 200 hours, or 4 hours per pour, for
the concrete cylinders. This will be conducted by an ACI certified or deputy inspector.
RCB Backfill
In addition to the concrete for the RCB, backfill compaction testing will also be
conducted. Once the backfill operation has started, we expect our field technician to be
on -site daily. Again, we have anticipated 200 hours of field technician time will be
required to provide to the compaction testing.
Street Testing
Testing of the street will entail testing of the subgrade, aggregate base, and asphalt
concrete. We have estimated 52 hours will be necessary to conduct these tests by our
field technician.
It is our understanding that our services will be provided on an on -call basis with the
scheduling to be conducted by your field inspector or project manager.
CLOSURE
We trust this expanded scope of services meets your needs. If you require additional
information or have any questions, please do not hesitate to contact this firm at your
convenience.
Respectfully submitted,
City of Temecula
April 1, 2004
LOR Geotechnical Group, Inc.
M. Kevin Osmun, PE, REA II
Vice President
John P. Leuer, GE
President
MKO:mmm
Distribution: Addressee (2) and via email
Reference No. 2404A.P
LORGEOTECHNICAL GROUP, INC.
Soil Engineering ♦ Geology ♦ Environmental
March 8, 2004
City of Temecula Reference No. 2404.P
Department of Public Works
43200 Business Park Drive
Temecula, California 92590
Attention: Mr. Steven W. Beswick, P.E., Associate Engineer - CIP
Subject: Proposal to Provide Professional Geotechnical and Construction Materials
Testing Services, Wolf Valley Creek Channel, (Project No. PW99-1 1 SD),
Temecula, California, (RFP No. 126).
Thank you for this opportunity to submit this proposal to provide professional
geotechnical and construction materials testing services for the Wolf Valley Creek
Channel, (Project No. PW99-1 1 SD), Temecula, California. We have reviewed your
Request for Proposal for this project which outlines the requirements for the materials
testing and geotechnical services for the project area.
t Based on our experience with public work agencies and Caltrans on similar projects we
are aware of the current soils and materials testing requirements for a project of this
nature. Our field and laboratory personnel are Caltrans certified to conduct the testing
required. For those elements of the project requiring Deputy Inspection for structural
' steel and structural concrete, LOR will provide this service with a qualified inspector.
Enclosed within please find the requested information qualifying LOR Geotechnical
i.
Group, Inc., to provide professional geotechnical and construction materials testing
services for the Wolf Valley Creek Channel. Your RFP dated February 24, 2004 is
+ considered in its entirety part of this proposal.
i
6121 Quail Valley Court ♦ Riverside, CA 92507 ♦ (909) 653-1760 • Fax (909) 653-1741
City of Temecula
March 8, 2004
Reference No. 2404.P
As you have questions concerning the information in our proposal, please do not
hesitate to contact this office at your convenience.
Respectfully submitted,
LOR Geote nical Group, Inc.
M. Kevin Osmun, PE
Vice President
MKO:mmm
' Distribution: Addressee (4)
9
. LOR GEOTECHNICAL GROUP, INC.
City of Temecula
March 8, 2004
A. SCOPE OF SERVICES
Reference No. 2404.P
LOR Geotechnical Group, Inc. shall perform the following services in accordance with
the City of Temecula's Quality Assurance Program and the project plans and
specifications:
• Review the project plans and specifications with emphasis on geotechnical and
construction materials testing services and attend progress meetings as
required.
• Our observations and field testing services shall be available 24 hours a day.
• Observation and field testing services during all phases of site grading (including
but not limited to removal of unsuitable soils, approval of areas to receive fill
and mass fill placement).
• Field observation and testing during trench backfilling operations, structural
backfill observation and compaction testings, as required.
• Field sampling and density testing during roadway subgrade, aggregate base,
and asphalt concrete placement.
• All necessary laboratory testing to support field services and additional R-value
testing as directed by the City. Testing will satisfy Caltrans and/or other
regulatory agency requirements.
I Concrete and structural steel inspection requiring a licensed Deputy Inspector,
as necessary.
r
• Batch plant inspections, for both asphalt concrete and concrete, as necessary.
• Concrete sampling and testing using an ACI Certified technician.
• Professional consulting services to support geotechnical and construction
materials testing services where items of work need correction and/or remedial
i.
recommendations, if needed.
• Preparation of field and final reports documenting all services provided.
1
i
LOR GEOTECHNICAL GROUP, INC.
City of Temecula
March 8, 2004
B. STATEMENT OF QUALIFICATIONS
Reference No. 2404.P
LOR Geotechnical Group, Inc. (LOR) has been providing professional geotechnical
consulting and construction materials testing services to the private and public sector
in southern California for over fifteen years. Our engineers, geologists, and technical
support personnel will be committed to serving the City of Temecula with personal,
timely, technical service. We believe that you will find our understanding of our duties
for this project to be unsurpassed and our individual and combined experience will be
an asset to the project team.
• LOR provides an organization of qualified personnel to support the technical
need of this project. Our laboratory is currently approved by the California
Department of Transportation (Caltrans). Our field and laboratory personnel are
Caltrans and American Concrete Institute certified. LOR will also provide special
inspection services for structural steel and structural concrete, if necessary.
Our organizational chart, resumes of the principals, and certificates follows.
LOR's office/laboratory is located at 6121 Quail Valley Court in the City of Riverside,
California. This location is approximately 30 minutes from the project. LOR
Geotechnical Group, Inc. has no other office.
C. INSURANCE REQUESTS
LOR Geotechnical Group, Inc. is able to meet all of the insurance requirements in the
RFP and, if selected, will make the City additionally insured.
i'
D. UNDERSTANDING OF THE PROJECT
As we understand it, the project will consist of a trap channel that will transition into
three 14-foot by 7-foot RCB along the proposed alignment. Some minor grading will
be required along the alignment prior to the construction of the storm drain
improvements. We will provide a qualified soil technician during the grading of the
channel. We understand that the Riverside County Flood control District (RCFCD) will
provide inspection of the storm drain improvement. We will provide an inspector and
deputy inspector for the concrete batch plant and at the pour during concrete
i placement.
`A
i
1. LOR GEOTECHNICAL GROUP, INC.
EXHIBIT B
PAYMENT RATE AND SCHEDULE
u
R9CIP\PROJECTS\PW 99\9Si 1SO Wolf Valley Creek ChannenAgreemen6\LOR Geotechnical Group Inc AgreementCoc
LOR GEOTECHNICAL GROUP, INC,
Soil Engineering ♦ Geology ♦ Environmental
FEE SCHEDULE
October 1, 2003
Geotechnical Engineering
LOR Geotechnical Group, Inc. provides geotechnical engineering services, including:
preliminary geotechnical investigations, foundation investigations, percolation feasibility
investigations, liquefaction evaluation investigations, as well as grading observation and
testing services.
Geological
LOR Geotechnical Group, Inc. provides geological services, engineering geology
investigations, seismic setting studies, slope stability investigations, liquefaction
susceptibility investigations, hydrology/water resource studies, and bedrock rippability
evaluations.
Environmental
LOR Geotechnical Group, Inc. provides, environmental site assessments, underground
storage tank investigations and remediation investigations, groundwater monitoring
systems, soil and groundwater sampling and analysis, and environmental studies for
property transfers.
All costs for Geotechnical Engineering, Geological, and Environmental Services are
based on the site and investigative parameters requested.
FEES
The hourly personnel charges and laboratory test unit rates are as follows:
Personnel Charges -Hourly
Principal Engineer
$180.00
Project Engineer/Geologist
$110.00
Staff Engineer/Geologist
$95.00
Soil Technician (Field or Laboratory)
$65.00
Soil Technician (Prevailing Wage)
$85.00
Drafting
$60.00
Clerical
$50.00
Laboratory Testing Charges - Unit Costs
Moisture Content
$10.00
Moisture/Unit Weight (Ring)
$16.00
Sieve Analysis (Soil)
$65.00
Sieve Analysis (Aggregate)
$85.00
Sand Equivalent
$50.00
Sand Equivalent - QC
$100.00
#200 Sieve Wash
$40.00
Mechanical Analysis
$140.00
Atterberg Limits
$140.00
Proctor (4")
$130.00
Proctor (6" or Cal-216)
$150.00
Consolidation
$130.00
Expansion Index
$120.00
Direct Shear
$180.00
R-Value
$230.00
Permeability
$350.00
Concrete Cylinder Compressive Strength
$20.00
Soluble Sulfate
$50.00
Chemical Tests
By Quote
Asphalt Concrete Density & Stability
$180.00
Asphalt Concrete Density
$110.00
Asphalt Concrete Stability
$140.00
Asphalt Extraction & Gradation
$200.00
TERMS
Reimbursable Expenses
Outside services performed by others and direct costs expended on the client's behalf
are charged at cost plus ten percent. These expenses include rental of drill rigs,
bulldozers, backhoes, travel and subsistence, permits, reproduction costs, etc.
Travel Time
Mileage, travel time, truck and standard equipment charges are included in the hourly
technician fee.
Overtime
The hourly prevailing wage rate is $85. An overtime rate of $105 will be used for time in
excess of 8 hours per day and Saturdays. An overtime rate of $125 will be added for
work on Sundays and an overtime rate of $165 will be used for work on Holidays.
Prepayments
A retainer of fifty percent of the total fee is required for all field studies. The balance of
the fee must be paid at the time the report is released to the client.
Billing
Billings will be provided periodically and will be classified by fee categories set forth
above or as given by proposal.
Terms of Payment
Invoices rendered for professional services are due upon presentation. A service
charge of 1.5 percent, per month, may be charged on accounts not paid within thirty
days to cover additional processing and carrying costs. Any attorney's fees or other
costs incurred in collecting any delinquent account will be paid by the client.
ITEM 11
CITY ATTORNEY
DIRECTOR OF FI
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: JW,
ty Manager/City Council
FROM: illiam G. Hughes, Director of Public Works/City Engineer
DATE: April 13, 2004
SUBJECT: Award the Construction Contract for Project No. PW04-03
Slurry Seal Project — FY 2003-2004
PREPARED BY.rmerAttar, Principal Engineer
Avlin R. Odviar, Assistant Engineer n
RECOMMENDATION: That the City Council:
Award a construction contract for Project No. PW04-03 Slurry Seal Project — FY 2003-
2004, to American Asphalt South, Inc. in the amount of $515,669.89 and authorize the
Mayor to execute the contract.
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $51,566.99, which is equal to 10% of the contract amount.
BACKGROUND: On February 24, 2004 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 involves surface cleaning and crack sealing designated roadways, applying Type I or
Type II Rubberized Emulsion — Aggregate Slurry (REAS), and replacing striping and pavement
markings. This will inhibit the infiltration of water into the road structural section and prolong the
service life of the pavement.
Five (5) bids were received and publicly opened on Thursday, March 25, 2004. The results were as
follows:
1. American Asphalt South, Inc.
$515,669.89
2. California Pavement
$520,934.71
3. Bond Blacktop, Inc.
$526,966.63
4. Pavement Coatings Co.
$596,985.31
5. Sudhaker Company Int'I
$608,705.75
A copy of the bid summary is available for review in the City Engineer's office.
RAGENDA REPORTS\2004\041304\PW04-03AWARD.DOC
Staff has reviewed the bid proposals and found several mathematical errors. The above bid results
reflect corrected dollar amounts. The corrections did not impact the position of the lowest
responsible bidder, American Asphalt South, Inc. of Fontana, California. American Asphalt South,
Inc. has extensive experience in the application of REAS and has successfully completed similar
projects for the City in the past.
The Engineer's estimate for this project was $740,000.00. The specifications allow forty-five (45)
working days for the completion of this project.
FISCAL IMPACT: Funds are available in the Public Works Department, Maintenance Division,
Routine Street Maintenance Fiscal Year 2003-2004 Operating Budget Account No. 001-164-601-
5402. The total project cost is $567,236.88, which includes the contract amount of $515,669.89
plus 10% contingency of $51,566.99.
ATTACHMENT:
1. Contract
2. Location Maps
RAAGENDA REPORTS\2004\041304\PW04-03AWARD.DOC
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW04-03
SLURRY SEAL PROJECT - FY 200312004
THIS CONTRACT, made and entered into the 131h day of April 2004, by and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and American Asphalt
South, Inc., hereinafter referred to as "CONTRACTOR."
W ITNESSETH:
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. PW04-
03, SLURRY SEAL PROJECT - FY 2003/2004, Insurance Forms, this Contract, and all
modifications and amendments thereto, the State of California Standard Plans and
Specifications for Construction of Local Streets and Roads, (latest edition), issued by the
California Department of Transportation, where specifically referenced in the Plans,
Special Provisions, 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 N O. P W04-03, S LURRY S EAL PROJECT - F Y 2 003/2004. 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 Provisions, and Technical Specifications, for PROJECT NO.
PW04-03, SLURRY SEAL PROJECT - FY 2003/2004.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT CA-1 ROPWRCJECTSIPW041MM3 Slurry Seal Prol FY0304WAERICANASPHAL71Co&N dot
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. 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. PW04-03, SLURRY SEAL PROJECT - FY 2003/2004
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.
3. 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.
4. 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: FIVE
HUNDRED FIFTEEN THOUSAND SIX HUNDRED SIXTY NINE DOLLARS and EIGHTY
NINE CENTS ($515,669.89), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed forty-five (45)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
5. 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
A. 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.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
CONTRACT CA-2 RICIPWR0JECMMD4TWW3 SimySeN Prq H03-04NMERICPNASPHALXmtatdot
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.
C. 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.
D. 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.
E. 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.
7. 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.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are available from the California
Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
CONTRACT CA-3 RICIPPROJECTS%PW04WW0403 Slu"Seal Proj FY03-04NMERICANASPHAMnta dot
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. 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.
12. 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.
13. 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.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. 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.
16. 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.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
CONTRACT CA4 RI CIPPROJECTSIPW04TW04-03 Sturry Seal Pq FY0304MERICANASPHALTICa&tr da
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.
18. 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.
19. 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.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of the City of Temecula has any interest, whether
contractual, non -contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than the City of Temecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. 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.
22. 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: Street Address:
William G. Hughes William G. Hughes
Director of Public Works/City Engineer Director of Public Works/City Engineer
City of Temecula City of Temecula
P.O. Box 9033 43200 Business Park Drive
Temecula, CA 92589-9033 Temecula, CA 92590-3606
CONTRACT CA-5 R:U"R0JECr&PWG4%PWW3 Slu Seal Prol M3-041AAERICANASPNALMwtxtdol
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED: CONTRACTOR
American Asphalt South, Inc.
14436 Santa Ana Ave.
Fontana, CA 92337
(909)427-8276
Lyle Stone, Secretary
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED: CITY OF TEMECULA
Michael S. Naggar, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
CONTRACT CA-6 R:10"ROJECTSTW04WW09-07 Slurry Seal Prot H0106NMERICPNNSPFKT'GantractUot
`-
y-+
X
W
GIUNOOD
AM N�
4e
S
IQ
lO )I'J
C
U K
ON
YU
NI
K
U
[�
z.0!!�
s
INA
_
N
LL
bJ
A
�_
1'
W
0
M
a
�
t
G
\(A
wzz
2
h
YUBALI0.
WILL
RO O
Ort
N
RA '; 4
RIVERL
VANNEERUN rj
Q� �
rc
6
S4i �
M\Yj C�J
0
A M
O
d
g
G
A
S
0b �
Y
�J aj 1
r�
5 HESTN
0PV
LO
co
M0SEL
E
h
N y?D
VIA Mtir"
f
3W
OAV OWd g
3�'T11tl8 <
H
U �
VERGES
i3 rc
Z V
C
TJ
� 54Y!>�
<<
S
h
fY J
Z2pd
r�
UDC
WA RENATE� !M �
U
d6
caWOOD
'
w�5
c+
s
50
IR
r
OE O pR o1
L
p5•
'p�
yl
SNP
z
Y
f
1
V
�®
NNCFJR MOPAW`�
i
W
/ I
ITEM 12
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Tim Thorson, Director of Information Systems
DATE: April 13, 2004
SUBJECT: Implementation of Geographic Information Systems (GIS)/Global Positioning
System (GPS) in Police Vehicles
RECOMMENDATION: That the Council approve a Pilot Evaluation of GIS/GPS in Police
Vehicles.
BACKGROUND: At your January 13, 2004 Council meeting, Councilman Jeff Stone noted
the benefits of having GIS/GPS in Fire vehicles. Councilman Jeff Stone further recommended
that City staff examine the feasibility of installing a digital map capability in Police Department
vehicles. The full City Council concurred with this recommendation, and the following
information has been prepared in accordance with Council direction.
For the past two years, the City's Fire Department has successfully used Plant Equipment's
Orion MapMobile software on Fujitsu 3500 Pen Tablets. These devices were integrated into
front line emergency fire response vehicles with Gamber/Johnson mounting bracket hardware.
All fire vehicles have mobile computers with mapping and GPS referencing capabilities and the
ability to access pre-plan/floor plan images stored within the computer.
Specifically the program provides all units with the ability of find the location of an emergency
incident and routing that unit to the location of the incident. The location to an incident can be
identified by asking the system to find an intersection, typing in an address, or by selecting the
desired area and zooming into it. The system provides a map and written directions indicating
the route to the incident and an icon displaying the current GPS location of the responding unit.
To find the location the system first searches the parcel database, and if it is unable to find a
match the street centerline data with its address range field is searched to find the location.
The mapping component of the program utilizes baseline GIS data including street centerline,
parcel, fire hydrant, city limits, schools, parks, public facilities, public safety facilities and
commercial centers. The parcel data provides the exact location of the incident and hydrant
information allows the responding unit to ascertain the side of the street and direction that the
equipment should be on. The other layers provide additional information to assist in referencing
the incident and identifying potentially sensitive locations.
DISCUSSION: In order to capture the benefits and lessons learned from the Temecula
Fire Department, a Police Department Pilot Evaluation is recommended by City Staff. The
following goals are proposed for this pilot evaluation:
• Deploy Plant Equipment's Orion MapMobile software in two designated police vehicles.
• Utilize/develop baseline map data that are accurate and easily updateable.
• Utilize hardware in the form of a stand alone tablet PC, which will be mounted on the
designated vehicles.
• Determine ways to coordinate with the County Sheriff to integrate this capability into
existing onboard Mobile Data Computer (MDC).
• Utilize/develop a program that integrates GPS technology.
Standalone Tablet PC's are recommended for this Pilot due to the ongoing integration issues
with existing County Sheriff MDC's. The long term goal of this program is to integrate GIS/GPS
technology with existing onboard County MDCs. This Pilot Evaluation should last for
approximately 6 months after which time a complete report will be provided to the Traffic
Commission and City Council with recommendations for deployment of the next phase of this
capability.
FISCAL IMPACT: Adequate funds are available in the Police Department line item budget
for this pilot evaluation.
ATTACHMENT: Cost Breakdown by item.
Attachment A
Price Cost Breakdown of GIS Pilot Systems
1. Tablet PC:
a) Two (2) HP TC1000 Tablet PC's
& Accessories
b) Two (2) AC/DC Power Adapters
Unit Price Total Price
$2,330.00
$130.00
$4,660.00
$260.00
2. Plant Equipment MapMobile License Fee
a) Two (2) Orion License Keys $165.00 $330.00
3. Gamber Johnson Vehicular Integration:
a) Two (2) Clamp $500.00 $1,000.00
b) Systems Integration Labor $500.00 $1,000.00
4. GPS:
a) Two (2) Trimble $350.00 $700.00
b) Miscellaneous Cables, Connectors & H/W $150.00 $300.00
Pilot Project TOTAL: $8,256.00
ITEM 13
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn Nelson, City Manager
DATE: April 13, 2004
SUBJECT: LNG/CNG Fueling Station Funding
PREPARED BY: Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council:
1. Designate $150,000 of AB 2766 funds as a cost share toward the public access
natural gas fueling station planned at the corner of Diaz Road and Rancho Way and
2. Authorize the City Manager to enter into any agreement as deemed necessary with
Down's Commercial Fueling and/or State of California on the utilization of AB 2766
funding
BACKGROUND: For several years, the City has been partnering with Down's
Commercial Fueling in their effort to secure enough grant funds to design and construct a clean
fueling station on their property.
Down's is planning to construct a publicly accessible liquefied natural gas (LNG) and liquefied to
compressed natural gas (LCNG) fueling station at the company's existing commercial fueling
facility located at 27985 Diaz Road. The construction of the station is estimated to be $833,333.
Down's has secured $250,000 from a 2001 South Coast Air Quality Management District
(AQMD) funding program, $215,518 from the California Energy Commission, $26,315 Downs
Commercial Fueling, $25,000 Riverside County (pending Board Decision April 131"), and the key
is a $166,500 grant application that is currently under consideration by the South Coast Air
Quality Management District. This decision is expected to be made April 23rd.
The City of Temecula's proposal to pledge a $150,000 towards this project will make this project
wholly funded with the pending decision by the Air District later this month.
The following represents the many advantages of such a project:
♦ This station will be the first of its kind in the United States where a publicly
accessible LNG facility will be established at an existing retail cardlock
fueling site;
The Temecula natural gas station is critically located less than one -mile
from Interstate 15 and two miles from Interstate 215. The nearest
compressed natural gas (CNG) station is currently in Hemet. Fueling at
this location requires an approximately 50-mile roundtrip from Temecula.
This is a significant barrier to improving the air quality in our part of the
South Coast Air Basin and to compliance with certain South Coast AQMD
regulations;
This strategically located station will utilize state-of-the-art equipment and
will serve a variety of light-, medium- and heavy-duty natural gas vehicles
from Camp Pendleton, Laidlaw Transit, CR&R refuse and the County of
Riverside. The station will also serve other clean fuel commercial trucks
and vehicles traveling throughout the region, and will help promote
increased use of clean -burning natural gas throughout the region;
♦ Approximately 10 tons of NOx per year will be reduced with the operation
of the vehicles that will fuel at the station;
♦ Approximately 673,000 annual LNG gallons confirmed from fleets either
from fleets already operating natural gas vehicles in the Temecula area,
or would deploy such vehicles;
♦ The Downs station will be part of the ICTC, a network of fueling facilities
that make interstate travel of LNG trucks possible, which has helped build
20 natural gas fueling stations and deploy over 450 natural gas trucks in
California and Nevada. The Temecula station fills an important gap in our
state's refueling infrastructure;
♦ The station will be compatible for the dispensing of hydrogen at a future
date, which would be accomplished with the installation of the reformer,
compressor, dispenser and storage tubes.
Since 1991, local governments have received AB 2766 funds to implement programs that
reduce air pollution from motor vehicles. The AB 2766 Subvention Program provides a funding
source for cities and counties to meet the requirements of federal and state Clean Air Acts, and
for implementation of motor vehicles measures in the SCAQMD Air Quality Management Plan
(AQMP).
Included in the City's CIP is a Park and Ride Project, that has AB 2766 funds programmed for
FY 2003-04. It is fair to predict that these dollars cannot be spent this fiscal year and can be
added to the balance of AB 2766 funds on hand, creating $150,000 that is eligible to be pledged
toward the Down's Commercial Fueling Project. It will be necessary to backfill these borrowed
funds towards the City's Park and Ride Project within the CIP with future AB 2766 funds or other
identified revenue.
FISCAL IMPACT: Funds are available and appropriate for such a use under the
City's AB 2766 Subvention Fund Program. Staff has also received authorization from AQMD
that this use of funds is acceptable for AB 2766 funds.
ATTACHMENTS: Letter of Support-LNG/CNG Station
Project Status and Funding Break Down
City of Temecula
43200 Business Park Drive • Temecula. CA92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033
(9091 506-5100 • Fax 1909) 694-6499
Michael S. Nagger I March 29, 2004
Mayor
Jeff Comerchero Mr. Mike Downs
Mayor Pro -Tern Downs Commercial Fueling, Inc.
1296 Magnolia Ave.
Ronald H. Roberts Corona, CA 92879-2098
Councilmember
Jeffrey E. Stone Re: Temecula Public Access LNG/LCNG Refueling Station
Councilmember CEC Contract Number 840948/ SCAQMD Contract Number
Chuck Washington 8437498734
Councilmember
Dear Mr. Downs,
(9091506-5100
FAX 694-6499 Please let this letter serve as City of Temecula's commitment to provide
$150,000 in AB 2766 funding as cost share toward the public access
natural gas fueling station planned for your card lock fueling facility
located at 27985 Diaz Road.
These funds will be allocated from the City of Temecula's AB 2766
Revenues. It is my intention to draft an agreement for Down's signature
that will identify the City's $150,000 contribution to this project. This
agreement shall be approved by the City Council and will be scheduled
for the next Council meeting, April 13, 2004.
The City of Temecula has been coordinating with the Interstate Clean
Transportation Corridor project, and anticipates that this station will
encourage fleets operating along the 1-15 corridor to consider using
natural gas -fueled trucks. The City of Temecula is pleased to add our
support to that already provided by the California Energy Commission,
the County of Riverside and the South Coast Air Quality Management
District. The City of Temecula is glad that our funding will complete the
funding package for this project, and we will work with Downs, the ICTC
and the other funding agencies to make sure that the station if fully
utilized.
cerely,
Ron Roberts
Temecula City Council Member
0 Nnfed on Recycled Paper
GLADSTEIN, NEANDROSS & AssocIATES, LLC..
Building an Environmentally & Socially Responsible Future
MEMORANDUM
TO: The Honorable Ron Roberts
Temecula City Council
FROM: Cliff Gladstein
Gladstein, Neandross & Associates, LLC
DATE: March 29, 2004
RE: TALKING POINTS ON THE DOWNS NATURAL GAS STATION
Per our meeting on March 16"i, I have enclosed some talking points addressing the benefits of
the natural gas station located at Downs Commercial Fueling in Temecula will bring to the
South Coast Air Basin.
A proposal was submitted to the South Coast AQMD's RFP for Proposals for Natural Gas
Fueling Station Infrastructure (RFP #P2004-09) on December 16, 2003 for $250,000. Due
to South Coast AQMD policy not to fund more than 50% of any project, the revised amount
being requested is $166,500 (see enclosed budget). The recommendations for proposals to
receive funding are to be brought to the April 23`d Technical Advisory Committee. While we
have made significant strides in the continued development of this project, it is absolutely
critical that this project be awarded this last piece of grant funding by the AQMD. We request
that you please discuss the importance of this project with your colleagues as soon as possible
in order to help ensure this project can finally be developed.
To assist in these efforts, we have prepared the following talking points:
♦ This station will be the first of its kind in the United States where a publicly
accessible LNG facility will be established at an existing retail cardlock fueling
site;
♦ The Temecula natural gas station is critically located less than one -mile from
Interstate 15 and two miles from Interstate 215. The nearest compressed
natural gas (CNG) station is currently in Hemet. Fueling at this location
requires an approximately 50-mile roundtrip from Temecula. This is a
significant barrier to improving the air quality in our part of the South Coast
Air Basin and to compliance with certain South Coast AQMD regulations;
♦ This strategically located station will utilize state-of-the-art equipment and will
serve a variety of light-, medium- and heavy-duty natural gas vehicles from
Gladstein, Neandross & Associates, LLC * 3015 Main Street, Suite 300 * Santa Monica, CA 90405
Tel: (310) 314-1934 * Fax: (310) 314-9196
TALKING POINTS ON THE DOWNS NATURAL GAS STATION
MARCH 29, 2004
PAGE
Camp Pendleton, Laidlaw Transit, CR&R refuse and the County of Riverside.
The station will also serve other clean fuel commercial trucks and vehicles
traveling throughout the region, and will help promote increased use of clean -
burning natural gas throughout the region;
♦ Approximately 10 tons of NOx per year will be reduced with the operation of
the vehicles that will fuel at the station;
♦ Approximately 673,000 annual LNG gallons confirmed from fleets either from
fleets already operating natural gas vehicles in the Temecula area, or would
deploy such vehicles;
♦ The Downs station will be part of the ICTC, a network of fueling facilities that
make interstate travel of LNG trucks possible, which has helped build 20
natural gas fueling stations and deploy over 450 natural gas trucks in California
and Nevada. The Temecula station fills an important gap in our state's
refueling infrastructure;
♦ The station will be compatible for the dispensing of hydrogen at a future date,
which would be accomplished with the installation of the reformer,
compressor, dispenser and storage tubes.
We appreciate the City of Temecula's support of this project, as well as your continued efforts to
assist in securing the necessary remaining South Coast AQNID funds for this project. Please let me
know if there is any further information about the project that I can provide to assist in your efforts.
Gladstein, Neandross & Associates, LLC * 3015 Main Street, Suite 300 * Santa Monica, CA 90405
Tel: (310) 314-1934 * Fax: (310) 314-9196
TALKING POINTS ON THE DOWNS NATURAL GAS STATION
MARCH 29, 2004
PAGE
Downs Commercial Fueling — Temecula LNG/LCNG Station Project Budget
n� s day d} i _io�t
nMU
Sh$a States
s ° togg,_
e"
t.m p ....... _
SCAQMD Natural
Fueling Station $ 250,000 30% Approved
Infrastructure Program
(P2001-35)
Approved
CEC Alternative Fuel $ 215,518 26% Funds must be spent by April 30,
PON 2004 or will be withdrawn
Approved
Downs Commercial Willing to contribute some funds,
Fueling $ 26,315 3% in addition to in -kind property
contribution.
Approved
Per telephone conversations with
County of Riverside $ 25,000 3% Marilyn Williams, letter
forthcoming
Approved
City of Temecula $ 150,000 18.00% Per e-mail from Councilmember
Roberts, letter forthcoming
TOTAL $ 833,333 100.00% 1
* Initially proposed amount of $250,000 revised to $166,500 due to South Coast AQMD policy and additional funds
secured.
Gladstein, Neandross & Associates, LLC * 3015 Main Street, Suite 300 * Santa Monica, CA 90405
Tel: (310) 314-1934 * Fax: (310) 314-9196
ITEM 14
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: Anthony J. Elmo, Director of Building & Safety
DATE: April 13, 2004
SUBJECT: Contract Inspection Services for Building and Safety
RECOMMENDATION: That the City Council:
1. Approve an Agreement for Consultant Services with P & D Consultants to provide supplemental
building inspection services to the Building and Safety Department in an amount of $33,000.00.
2. Approve a 10% contingency in an amount of $3,300.00
DISCUSSION: The City continues to experience a high level of construction activity. The City
Council approved, at mid -year, the hiring of two (2) additional contract building inspectors. P & D
Consultants has provided certified building inspectors to the City in the past and currently has
qualified staff available to begin work for the City, immediately.
FISCAL IMPACT: Funds are currently available under "Temporary Help" for this purpose.
R:\BROCR IE AGENDMND CONSULTANTS04.DOC 1 416104
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of April 13, 2004
between the City of Temecula, a municipal corporation, and P & D Consultants. In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on April 13th, 2004 and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2004, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The 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, attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the above tasks.
This amount shall not exceed Thirty three thousand dollars ($33,000) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services. The City Manager may approve additional work not to exceed ten
percent (10%) of the amount of the Agreement, but in no event shall such sum exceed Thirty Three
Hundred Dollars ($3,300.00). Any additional work in excess of this amount shall be approved by the
City Council.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first 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 non -disputed 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.
rbr kmemgmtAP&D03-04
5. 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 prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the 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 3.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, 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.
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 therefrom as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files, 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, reused or
otherwise disposed of by the City without the permission of the Consultant. With respect to
computer files, Consultant shall make available to the City, upon reasonable written request by the
City, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
r.br kmcAagmts\P&D03-04
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 written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which
the City, its officers, agents and employees may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Consultant's negligent or
wrongful acts or omissions in performing or failing to perform under the terms of this Agreement,
excepting only liability arising out of the negligence of the City.
9. PROHIBITED INTEREST. No member, officer, or employee of the City of
Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board
member, office 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 Article4.6 (commencing with Section 1220) of Division
4 of Title I of the Government Code of the State of California.
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:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
(4) Errors and omissions liability insurance appropriate to the
consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence 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: $1,000,000 per accident for bodily injury and
property damage.
rbr kYneAagmtsT&D03-04
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
(4) Errors and omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the 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 primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self -insured
maintained by the 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 complywith reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
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.
rbro kmcmgmtsT&D03-04
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 or agents 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
State and Federal laws and regulations which in any manner affect those employed by it or in any
way affect the performance of its service pursuant to this Agreement. The Consultant shall at all
times observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the 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 written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the 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
thereunder 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
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 right 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 (1) 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:
rbro lunej�agmts\P&D03-04
To City: City of Temecula
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant: P & D Consultants
999 Town & Country Road
4t' Floor
Orange, CA 92868
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the
City.
9. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this
Agreement, the prevailing party as determined by the Court, shall be entitled to actual and
reasonable attorney fees and litigation costs incurred in the litigation.
18. 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.
19. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
By
Michael Naggar, Mayor
Attest:
Susan W. Jones, CIVIC, City Clerk
rbrmlaneilagmisT&D03-04
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
BY.
P & D Consultants
Steven L. Patterson, Associate V.P.
r:brmktneilegnts\P&D03-04
EXHIBIT A
TASKS TO BE PERFORMED
Perform combination building inspection on an as -needed basis.
r:brmkxneAagmts\P&D03-04
i;*�-cn Iha
PAYMENT SCHEDULE
For and in consideration of the Contractor's services, inspection services shall be provided at the
rate of $75.00 per hour, plus $.36 per mile for each mile accumulated while performing inspection
services for the City. Should the City provide vehicular transportation for Contractor's use, no fees
shall be charge for mileage.
rbro kmemgmts\MD03-04
ITEM 15
APPROVAL
L
TTORNEY
TOR OF FINANCANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn Nelson, City Manager
DATE: April 13, 2004
SUBJECT: Opposition of AB 3007 (Plescia) Relating to Open Meetings
PREPARED BY: Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council adopt a resolution entitled
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA OPPOSING ASSEMBLY BILL 3007
(PLESCIA) WHICH DELETES FROM THE BROWN ACT
SUBJECTS THAT MAY BE DISCUSSED IN CLOSED
SESSION INCLUDING: REAL PROPERTY
NEGOTIATIONS, ANTICIPATED LITIGATION, AND
LIABILITY CLAIMS
BACKGROUND: Under the Ralph M. Brown Act, any person may request that a copy of
the agenda, or a copy of the agenda packet of documents, of any meeting or any regular
meeting of a legislative body of a local agency be mailed to that person and the legislative body
is permitted to charge a fee not to exceed the cost of providing the service. AB 3007 (Plescia)
proposes to make technical changes which in staff's opinion, are very substantive and
potentially damaging changes to closed session meetings.
Under the act, specified subjects may be discussed by the legislative body in closed session if
the agenda states certain information about the item of business to be discussed in closed
session and the legislative body subsequently reports any action taken in closed session and
the vote or abstention of every member present on the action.
AB 3007 would delete from the subjects that may be discussed in closed session real property
negotiations, discussion with legal counsel about anticipated litigation, and liability claims.
It is staffs recommendation that the City Council oppose AB 3007 and urge our legislators to do
the same. With the passage of this item, staff will develop formal letters of opposition coupled
with the approved resolution to be sent to all relevant parties associated with AB 3007.
The League of California Cities has already taken a formal position of opposition of AB 3007. In
addition, this bill is set for a hearing in Sacramento on April 28'h in the Assembly Local
Government Committee.
FISCAL IMPACT: None
ATTACHMENTS: Resolution No. 04-
RESOLUTION NO.04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA OPPOSING ASSEMBLY BILL 3007
(PLESCIA) WHICH DELETES FROM THE BROWN ACT
SUBJECTS THAT MAY BE DISCUSSED IN CLOSED
SESSION INCLUDING: REAL PROPERTY
NEGOTIATIONS, ANTICIPATED LITIGATION, AND
LIABILITY CLAIMS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
WHEREAS, AB 3007 (Plescia) would amend the Ralph M. Brown Act to delete from the
subjects that may be discussed in closed session; and
WHEREAS, AB 3007 would not allow real property negotiations to occur in closed
session as well as discussions with legal counsel about anticipated litigation and liability claims,
and
WHEREAS, the League of California Cities is strongly opposed to AB 3007, and
WHERAS, the City of Temecula will develop correspondence to send to appropriate
legislators reiterating the City's position with respect to AB 3007.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula hereby opposes the
Assembly Bill 3007 (Plescia) by the Legislature, and directs the City Council to notify
Assemblyperson Plescia, the Governor, the Assembly Local Government Committee,
Assemblyman Haynes and Senator Hollingsworth of its support.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 13th day of April 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 04- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 13`h day of April, 2004, by the following vote:
AYES: 0 COUNCILMEMBERS
NOES: 0 COUNCILMEMBERS:
3
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CIVIC
City Clerk
ITEM 16
APPROVAL
CITY ATTORNEY_
DIR. OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: April 13, 2004
SUBJECT: Amendment to Sales Tax Audit Agreement
Prepared by: Jason Simpson, Assistant Finance Director
RECOMMENDATION: That the City Council:
1) Approve the Fourth Amendment to the Sales Tax Consulting Services and Recovery Agreement
with Hinderliter De Llamas and Associates for $25,000;
2) Appropriate $25,000 in the Finance Department consulting services budget which is funded by
increased sales tax revenues.
3) Increase the Sales Tax Revenue estimates by $167,000.
DISCUSSION: On July 1, 2001 the City and Hinderliter De Llamas and Associates entered into an
agreement for sales tax audit and recovery. The original agreement has been amended three times prior
to this amendment for an extension of the agreement term and for a not to exceed total value of $25,000
annually. Sale tax audit and recovery requires a continuous effort to insure the City is credited with sales
tax by the State Board of Equalization. Recent efforts have resulted in additional sales tax recovery for
the City by Hinderliter De Llamas and Associates.
Payments to Hinderliter De Llamas and Associates are based on a monthly fee of $350 and a 15%
finder's fee for all new sales and/or use tax revenue received by the City as a result of audit and recovery
work performed by the Consultant. Through this agreement the Consultant maintains sales tax and audit
data bases which provide essential monthly and quarterly sales tax updates for the City. The consultant
also contacts the Businesses and State Board of Equalization to verify the accuracy of the sales tax
reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify
allocation formulas, and to return sales tax revenue due to the City. This year's sales tax recovery by the
Consultant has been greater than anticipated; therefore, it is necessary to increase the contract amount
to $25,000.
FISCAL IMPACT: The proposed appropriation will not impact the General Fund Balance, as Sales
Tax Revenue Estimates will also be increased to offset the additional expenditures.
Attachment: Fourth Amendment
FOURTH AMENDMENT TO AGREEMENT
BETWEEN
CITY OF TEMECULA AND HINDERLITER DE LLAMAS & ASSOCIATES
SALES TAX CONSULTING SERVICES & RECOVERY FEES
THIS FOURTH AMENDMENT is made and entered into as of April 13, 2004 by and
between the City of Temecula, a municipal corporation ("City") and Hinderliter de Llamas &
Associates ("Consultant'). In consideration 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, 2001 the City and Hinderliter de Llamas & Associates entered
into that certain agreement entitled "City of Temecula Contract
Agreement for Sales Tax Consulting & Recovery Fees Agreement').
B. On July 2, 2002 the agreement was amended to extend the term of the
agreement to June 30, 2003.
C. On April 3, 2003 the agreement was amended to increase the payment
for services in the amount of Six Thousand Four Hundred Dollars and No
Cents ($6,400.00).
D. On September 4, 2003 the agreement was amended to extend the term
of the to June 30, 2004, and to establish the annual not to exceed amount
payment of Twenty-five Thousand Dollars and No Cents ($25,000.00)
that was approved on April 3, 2003.
E. The parties now desire to amend the Agreement and increase the
payment for services by Twenty Five Thousand Dollars and No Cents
($25,000.00).
2. Section 4 Payment of the Agreement is hereby amended to read as follows:
4. Payment.
The C ity agrees to pay Consultant monthly, i n a ccordance 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 a ctual t ime s pent on t he a bove t asks. A ny t erms i n E xhibit B
other than the payment rates and schedule of payment are null and
void. This amount shall not exceed Fifty Thousand Dollars and No
Cents ($50,000.00) for the total term of the Agreement unless
additional payment is approved as provided by this Agreement.
3. Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "A" to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
P:\Finance\ContraclsA-L.Hindediter.Sales Tax.FIN03-15.Amend3.2003 1 9/9/03
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
AN
Michael S. Naggar, Mayor
ATTEST:
10
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONTRACTOR:
Hinderliter de Llamas & Associates
Attn: Lloyd de Llamas
1340 Valley Vista Drive #200
Diamond Bar, CA 91765
Phone (909) 861-4335
Fax (909) 861-7726
NAME:
TITLE:
Am
NAME:
TITLE:
Two Signatures Required for Corporations"
P:\Finance\ContractsA-L. Hinderliter.Sales Tax. FIN03-15.Amend3.2003 1 9/9/03
"Attachment A"
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Payment shall not to exceed $25,000.00 which includes costs for monthly and quarterly updates
and audit recovery work. Contractor shall establish the sales tax and audit data bases and shall
provide the monthly and quarterly updates referenced above for a fee of $350.00 per month,
invoiced quarterly.
Consultant shall be further paid 15% of all new Sales and/or Use tax revenue received by the
City as a result of audit and recovery work performed by the Consultant. Said percentage fee
will apply to fund transfers received for back quarter reallocations and monies received in the
first eight (8) consecutive reporting quarters following completion of the audit by the Consultant
and confirmation of corrections by the State Board of Equalization.
Consultant shall obtain City approval prior to beginning the work of correcting tax reporting
methodology or "point of sale" for specific businesses where said payment of the percentage fee
will be expected. Said approval shall be accomplished by the City Administrator or his
designated representative on the Sales Tax Audit Authorization form. The City shall pay audit
fees u pon C onsultant's s ubmittal o f e vidence o f S tate F and T ransfers and p ayments t o C ity
from businesses identified in the audit and approved by the City.
The above sum shall constitute full reimbursement to Consultant for all direct and indirect
expenses incurred by Consultant in performing audits including the salaries of Consultants
employees, and travel expenses connected with contacting local and out-of-state businesses
and the State Board of Equalization representatives.
PiFinance\ContractsA-L.Hindediter.Sales Tax.FIN03-15.Amend3.2003 1 919103
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
MARCH 23, 2004
A regular meeting of the City of Temecula Community Services District was called to order at 7:37
P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 5 DIRECTORS:
ABSENT: 0 DIRECTORS:
Comerchero, Naggar, Roberts, Stone, and
Washington
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
I:
Minutes
RECOMMENDATION:
1.1 Approve the minutes of March 16, 2004.
RECOMMENDATION:
2.1 Approve the First Amendment for a Professional Services Agreement with PELA,
a Landscape Architectural Firm, for TCSD landscape plan check and inspection
services in the amount $12,000 and authorize the Board President to execute the
agreement.
3 Facility, Restroom. and Picnic Shelter Janitorial Maintenance Services
RECOMMENDATION:
3.1 Award a 15-month contract to Morris Myers Maintenance to provide facility, park
restroom, and picnic shelter janitorial maintenance services. Contract term shall
commence on April 1, 2004 and continue through June 30, 2005;
3.2 Authorize the expenditure of funds in the amount of $75,000.00 for the base
contract and a contingency of 10% in the amount of $7,500.00 for supplemental
services.
Minutes.csd\032304 I
MOTION: Director Stone moved to approve Consent Calendar Items No. 1-3. The motion was
second by Director Comerchero and electronic vote reflected unanimous approval.
DIRECTOR OF COMMUNITY SERVICES REPORT
Community Services Director Parker invited the public to attend two new park sites dedication
ceremonies on Wednesday, March 24, 2004, at 3:30 P.M. — the Pauba Ridge Park (five -acre park)
and Serena Hills Park (three and a half -acre park).
GENERAL MANAGER'S REPORT
No comments.
BOARD OF DIRECTORS' REPORTS
No additional comments.
ADJOURNMENT
At 7:40 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, April 13, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, CIVIC
City Clerk/District Secretary
[SEAL]
Minutes.csd1032304
ITEM 2
APPROVAL
CITY ATTORNEY 11
DIRECTOR OF FINANC
CITY MANAGER 11
CITY OF TEMECULA
AGENDA REPORT
TO: Board of Directors
��
FROM: Herman D. Parker, Director of Community Services �n
DATE: April 13, 2003 l_/'
SUBJECT: TCSD Proposed Rates and Charges for FY 2004-2005
PREPARED BY: Barbara Smith, Management Analyst
RECOMMENDATION: That the Board of Directors:
Adopt a resolution entitled:
RESOLUTION NO. CSD 04-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT
TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR
2004-2005 AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING IN CONNECTION THEREWITH
BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority
of Community Services District Law and provides residential street lighting, perimeter landscaping
and slope maintenance, recycling and refuse collection, and unpaved road maintenance services in
the City of Temecula. The boundaries of the TCSD are coterminous with the City, and the City
Council also serves as the Board of Directors of the TCSD.
The four current service levels of the TCSD include:
1. Service Level B - Residential Street Lighting.
2. Service Level C - Perimeter Landscaping and Slope Maintenance.
3. Service Level D - Recycling and Refuse Collection.
4. Service Level R - Unpaved Road Maintenance.
Service Level B — Residential Street Lighting
The TCSD Rates and Charges for Service Levels B are not proposed to increase from last year's
rates.
R:\smithb\Assessments\04-05 Assessment\Stiff-Reno of Intent.DOC
04/05/2004
Service Level C — Perimeter/Slope Landscaping
All existing subzone rates within Service Level C are not proposed to increase from last year's rate,
however it is proposed to create two (2) additional subzones as follows:
Subzone Proposed Rate
C-9 $200.00
C-10 $100.00
Subzone C-9 is proposed for the Serena Hills Development and has 220 assessable parcels.
Subzone C-10 is proposed for the Harveston Development which has initially 300 assessable
parcels; additional parcels will be added in subsequent years as warranted. Subzone C-8 with an
approved rate of $20.00 was created last year however, assessments were not applied due to
construction delays. This year 420 parcels will be assessed in Subzone C-8. Within subzone C-4
with an approved rate of $175.00, an additional 775 parcels which represents the remaining number
of parcels in Crowne Hill will also be assessed.
Service Level D — Solid Waste/Recycling Services
The proposed residential rate for Service Level D is $179.68. The solid waste franchise agreement
provides for adjustments based upon changes in the Consumer Price Index (CPI) and Riverside
County landfill tipping fees. The CPI increase 2.6%; there is no landfill increase proposed for FY
04/05. The proposed rate is an increase of $3.40 over last year's rate, based on the increase in the
Consumer Price Index.
The FY 03-04 residential rate for Service Level D was proposed at $176.28 which was an
increase of $3.72 per parcel last year. However, at the Public Hearing on June 24, 2003, City
Council directed staff to reduce the assessment rate to $172.54, two (2) cents less than the prior
year. Further direction was that general fund would supplement the balance of $3.74 per each
residential parcel for FY 2003-2004.
The Third Amendment to the original agreement, dated July 25, 2000 CR&R, Inc. had agreed to
a moratorium on the residential rate for Trash and Recycling services for three (3) years. This
moratorium, coupled with the supplement directed by City Council in FY 03-04, resulted in our
residents experiencing no rate increase for solid waste services for a five year period. Without
the moratorium and Council supplement, residents would have experienced an increase of
$26.72 over the same five (5) year period.
The 2004-2005 rate increase of $7.34 per parcel is reflective of the cumulative rate increase over a
two year period.
Service Level R — Unpaved Street and Road Maintenance
Due to the formation of the John Warner Assessment District (JWAD) the number of assessable
parcels has decreased as well as the length of the road to be maintained. The assessment rate to
maintain the remainder portion of the road was recalculated to a reduced rate of $95.86 per
developed parcel and $47.93 per vacant parcel from the approved rate of $121.92 per developed
parcel and $60.46 for a vacant parcel. This represents a reduction of $26.06 per developed parcel
and $12.53 for a vacant parcel from Fiscal Year 2003-2004.
The TCSD is required to complete an annual levy process which includes adopting a resolution
accepting the filing of a report on the proposed rates and charges necessary to provide the
aforementioned services; noticing each affected property owner in the City; and conducting a public
RAsn*hb\Assessments\04-05 Assessment\Staff-Reso of Intent.DOC
04/05/2004
hearing to consider approving the proposed rates and charges.
Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report
on the proposed rates and charges for FY 2004-2005 and schedule a public hearing concerning
these issues for June 8, 2004. Staff will then proceed with noticing each affected property owner in
the City regarding the proposed rates and charges and the June 8th public hearing.
FISCAL IMPACT: The revenue generated from the TCSD FY 2004-2005 Rates and Charges will
fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse
collection; and street and road maintenance services in the City of Temecula. The proposed TCSD
levy budget for FY 2004-2005 is $5,528,711.
ATTACHMENTS: 1. Resolution of Intention for FY2OO4-2005 TCSD Rates and Charges.
2. Preliminary Levy Report for FY 2004-2005.
RAsmithb\Assessmems\04-05 Assessment\SUff-Reno of Inkm.DOC
04/05/2004
RESOLUTION NO. CSD 04-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT
TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR
2004-2005 AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING IN CONNECTION THEREWITH
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1,1989,
voters approved the formation of the Temecula Community Services District ("TCSD"), to provide
specified services to properties within its jurisdiction.
Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD
has prescribed, revised and collected rates and charges for the services furnished by it, and has
elected to have these rates and charges collected on the tax roll in the same manner, by the same
persons, and at the same time as, together with and not separately from, property taxes collected
within the TCSD in the same manner prescribed by Government Code Sections 61765.2 to 61765.6,
inclusive. The TCSD proposes to continue such rates and charges for the operation, maintenance,
servicing and administration of street lighting, perimeter landscaping and slope maintenance, refuse
collection, and unpaved street maintenance for the 2004-2005 fiscal year. All laws applicable to the
levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to
the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to
these rates and charges, except for California Revenue and Taxation Code Section 4831.
Section 3. Pursuant to Government Code Section 61621.2, the TCSD has caused a
written ("Report") to be prepared and filed with the Secretary of the TCSD, this Report contains a
description of each parcel of real property and the proposed amount of the rates and charges for
Fiscal Year 2004-2005. The Report is based upon a budget adopted by the Board of Directors for
the proposed services for specific areas where such services are provided including necessary staff
and administrative expenses. A summary of the Report containing the proposed rates and charges
is attached hereto as Exhibit A, entitled "Project Summary', and incorporated herein by this
reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available
for public inspection.
Section 4. The Board of Directors hereby acknowledges the filing of the Report, and
appoints the 8th day of June, 2004, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the
City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the
time and place for the public hearing on the Report and the proposed rates and charges. At the
public hearing, the Board of Directors will hear and consider all objections or protests, if any to the
Report. The Board may continue the hearing from time to time.
Section 5. The District Secretary is hereby directed to give notice of the filing of the
Report and of the time and place of the hearing on the Report pursuant to the requirements of
Government Code Section 61765.2. The District Secretary is further directed to give notice,
pursuant to Section 6 of Article XII ID of the California Constitution regarding any increases proposed
in the Report with respect to any of the rates and charges.
RAsn thb\Assess=ntN0"5 Assess=nt\SMff-Reso of Imm.DOC
04/01/2004
Section 6. The District Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Community Services District this 13th day of April 2004.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA 1
I HEREBY CERTIFY that the foregoing Resolution No. CSD 04- was duly adopted by
the Board of Directors of the Temecula Community Services District at the regular meeting thereof,
held on the 13th day of April 2004, by the following vote of the Board of Directors
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
RAsmithh\Asscssmems\04-05 Assessmem\Smff-Reso of ImaDOC
04/01/2004
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
On January 1, 2002, Muni Financial, Inc. was retained bythe Cityof Temecula to preparethe
Annual Levy Reportfor the Temecula Community Services District (TCSD) for the Fiscal Year 2004-
2005. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government
Code of the State of California, commencing with Section 61000 et sea., the TCSD has the powerto
levy and collect rates and charges in order to carryon its operations and to provide the services and
facilities furnished by it.
The levy and collection of the rates and charges is accomplished by the identification and
description of each parcel within a specific service level. A Service Level is a defined area that
provides a specific service, operation and maintenance and/or program to only those parcels
contained within that service level.
The TCSD is currently composed of four (4) service levels. The descriptions of the service
levels are as follows:
1. Service Level B - Residential Street Lights. Operations, maintenance, utility costs
and administration of all residential streetlights.
2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations,
maintenance, utility costs, improvements, and administration for all perimeter
landscaping and slope maintenance areas maintained by the TCSD.
3. Service Level D - Recycling, Refuse Collection. and Street Sweeping. Operations
and administration of the recycling and refuse program, and street sweeping
services for all single-family residential homes.
4. Service Level R - Street and Roads. Maintenance of unpaved streets and roads.
RAsmilhb\Assessm B\04-05 Assessment\Suff--Reso of Inlenl.DOC
04/O1/2004
The Financial Analysis contained herein contains each Service Level including with their totals for
Fiscal Year 2004-2005 to be as follows:
SERVICE LEVEL/LEVY BUDGET /SFR
Service Level B
$
578,859
$ 25.68
Service Level C
$
1,265,172
Variable
Service Level D
$
3,672,520
$179.89
Service Level R
$
12,160
Variable
TOTAL TCSD LEVY FY 2004-2005 $ 5,528,711
The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year
2004-2005 are as shown on the Levy Roll on file with the City Clerk/District Secretary.
RAsndthb\Assessments\04-05 Assessment\Staff-Reno of Intem.DOC
04/01/2004
CITY OF TEMECULA
ENGINEER'S ANNUAL LEVY REPORT
Temecula Community Services District
(TCSD)
Fiscal Year 2004/2005
INTENT MEETING: April 13 2004
PUBLIC HEARING: June 8, 2004
Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (909) 587-3500
Tel: (800) 755-MUNI (6864)
Fax:(909) 587-3510
MuniFinancial
Office Locations
Anaheim, CA
Jacksonville, FL
Lancaster, CA
Los Angeles Regional Office
Oakland, CA
www.muni.com
Pensacola, FL
Phoenix, AZ
Sacramento, CA
Seattle, WA
ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Rates and Charges for the:
Temecula Community Services District (TCSD)
City of Temecula
Riverside County, State of California
This Report and the information contained herein reflect the proposed budget for each
of the various services provided by the District and the rates and charges applicable to
those services as they existed at the time of the passage of the Resolution of Intention.
Reference is hereby made to the Riverside County Assessor's maps for a detailed
description of the lines and dimensions of parcels within the District. The undersigned
respectfully submits the enclosed Report as directed by the Board of Directors of the
Temecula Community Services District.
Dated this
day of 2004.
MuniFinancial
District Engineer
On Behalf of the City of Temecula and
The Temecula Community Services District
A
Scott Dippolito
Senior Project Manager, District Administration Services
In
Richard Kopecky
R. C. E. # 16742
TABLE OF CONTENTS
INTRODUCTION.............................................................................................1
II. PLANS AND SPECIFICATIONS.........................................................3
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES...........................................3
B. BUDGET AND LEVY SUMMARY...................................................................................3
C. DISTRICT SERVICES AND CHARGES...........................................................................5
III. CHANGES TO THE DISTRICT............................................................9
A. NOTABLE MODIFICATIONS TO THE DISTRICT...............................................................9
B. PROPOSED MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 2004/2005 .............10
IV. DISTRICT BUDGETS.............................................................................12
V. METHOD OF APPORTIONMENT....................................................14
APPENDIX A - 2004/2005 COLLECTION ROLL .............................16
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
INTRODUCTION
Upon incorporation of the City of Temecula ("City"), effective December 1, 1989,
voters approved the formation of the Temecula Community Services District
("District") to provide specified services to properties within its jurisdiction
previously provided by the County of Riverside ("County"). The boundary of the
District is coterminous with the City boundary and includes all parcels within the
City with the City Council acting as the Board of Directors ("Board") for the
District. The District collects property -related fees and charges ("Charges') in
order to provide services and maintain the improvements within the District. The
District was formed, and Charges are set and established, pursuant to the
Community Services District Law, Title 6, Division 3 of the California Government
Code ("CSD Law").
Each fiscal year, an Annual Levy Report is prepared, filed and approved by the
Board. This Annual Levy Report describes the District, any changes to the
District and the proposed Charges for the fiscal year. The Charges contained in
the Annual Levy Report are based on the historical and estimated cost to service
properties within the District. The services provided by the District and the
corresponding costs are budgeted and charged as separate Service Levels and
include all expenditures, deficits, surpluses, and revenues. Each parcel is
charged for the services provided to the parcel.
The District provides residential street lighting, perimeter landscaping and slope
protection, and refuse collection in numerous residential developments as well
as road improvement and maintenance within specified areas of the District.
Pursuant to Government Code Sections 61621 and 61621.2, the District has
prescribed, revised and collected rates and charges for residential street lighting
(Service Level B), perimeter landscaping (Service Level C), trash/recycling
(Service Level D), and road maintenance (Service Level R) services furnished by
the District, and has elected to have these rates and charges collected on the tax
roll in the same manner, by the same persons, and at the same time as, together
with and not separately from, its general taxes in the manner prescribed by
Government Code Sections 61765.2 to 61765.6, inclusive.
Pursuant to Government Code Section 61621.2, this Engineer's Annual Levy
Report ("Report") is prepared and presented to the Board to prescribe Service
Level B, Service Level C, Service Level D and Service Level R Rates and
Charges for the parcels and territories within the District.
MuniFinancial Page 1
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
The word "parcel," for the purposes of this Report, refers to an individual property
assigned its own Assessment Number or Assessor's Parcel Number by the
Riverside County Assessor's Office. The Riverside County Auditor/Controller
uses Assessment Numbers and specific Fund Numbers, to identify on the tax
roll, properties charged for District services.
A Public Hearing is held each year before the Board to allow the public an
opportunity to hear and be heard regarding the District. Following consideration
of all public comments and written protests at the noticed Public Hearing, and
review of the Engineer's Annual Levy Report, the Board may order amendments
to the Report or confirm the Report as submitted. Following final approval of the
Report, and confirmation of the Charges, the Board shall order the levy and
collection of Charges for Fiscal Year 2004/2005. In such case, the levy
information will be submitted to the Riverside County Auditor/Controller, and
included as Charges on the property tax roll for the various services provided in
Fiscal Year 2004/2005.
MuniFinancial Page 2
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
II. PLANS AND SPECIFICATIONS
A. General Description of the District and Services
The boundary of the District is coterminous with the City boundary, and
includes all parcels within the City of Temecula. The District provides certain
property related services and improvements consisting of four (4) separate
and distinct services referred to as Service Levels. Each parcel within the
District is charged proportionately for only those services attributable to the
parcel. Each Service Level has differing costs depending upon the services
provided. All parcels identified within a Service Level share in the cost of the
service. The costs associated with the service are proportionately spread
among all properties within that Service Level to which the service is
provided. Services and improvements provided through the District include
residential street lighting; perimeter landscape maintenance and slope
protection; a refuse and recycling collection program; and road improvement
construction and maintenance. The Service Levels are identified as follows:
Residential Street Lighting
• Perimeter Landscaping
• Trash/Recycling
• Road Maintenance
B. Budget and Levy Summary
The budgets for each Service Level are shown in detail in Section IV of this
report. Each Service Level provides different and specific services and
improvements to various parcels within the District. Only the parcels that the
services and improvements are levied for are included at each of the Service
Levels. The 'Total Levy Units" and the resulting "Charge Per Levy Unit'
(shown in Table 1), reflect a method of apportionment that most fairly
proportions the costs of the services to the parcels in that Service Level. The
"Total Levy Units" for Service Levels B, C, and D is based on a per parcel
count. For Service Level R, levy units are based on a Parcel Development
Unit (PDU), which is similar to a per parcel count, but makes a distinction
between developed and undeveloped parcels. For a more complete
description of the methods used for calculating the 'Total Levy Units" used for
each Service Level, please refer to (Section V), Method of Apportionment.
MuniFinancial Page 3
LO
U 0 C)C)N O N
O
y > O
U > N
`m
co
a)
T C Co
C Q y
O y
E
E d
o c
U o)
@ C
� W
U
d
E
d
F-
0)
C
Q
E
0
U
Ch
N
L
W
J
m
9
A
�
OOtOMM O) 000
7�D W V'O toNNO
N
)t') V O)
y
d
f
�
O O t O M M N I a N M
AMO
6
m
N- .-
rn
O
F- a t
U
T
>
o
0 0 0 0 0 0 0 0 0 0
0
0
0 0
10
J
O
r
0 0 0 0 0 0 0 0 0 0
OOi (p thM Oi000
O
O
00
N1
m
le
N
«
co
(V
m
O
C
o
F-
0
N
A
d j
o
e e e o 0 o e e o o
a
o 0
. r W d ++
O
O O O O O O O O O O
o A
d C J C
O
O O O O O O O O O O
N
O M
Z L
O
0 0 0 0 0 0 0 OO O�
O
u
00
N
Ua
y
LL
TY
co
O OOOOOOOOO
fD
(o O
L
40 > C
fD
O 000000000
W
N o0
{6 N
a
OmOInO i!)OiOOO
0)
m 0
L J=
b90ANNNN0
A
�0)
U
O
(o O V O O) O O O O
to
N
f Dvo
dT
N
O
O V NO A0000
P9
�O�
J
(D
co M0)M0 Nd
A
)):00
0
• 0
A V L 6 L6 a a o N a 0
N
1 N O)
Co
V 0 0 0 O) N V M
O
oo
fA IR
H
�
cli
p
d
O O o 0 0 0 0 0 0 0
O
N O)
ui
(D 07 cO )[j 01n G7000
N
U)�
fh
p
i
5R
A
U d
N
d
L
7
N a 0 A A 0
M
M
V W M
N M W O ON
A
W
AOf
O)
AaNT7 V'c0
IT
C
ALdN
N
a O) m (0 0J O N
w
O
cii
N
C
V�
Vi N N
W
M
1A
Q
cli
LL
�
o.
d
U
c
in
to
L
C
'O
Y
p
A
V
J
O
O1
V
d
CL
-
+`•
y
'y0
d
y
m
J�N C? N19 Aa0 OfU
L
a�-N
O
V
y
y
U N ai et N f0 A a0 p�
Ou*u #itit ik;m
O
.+
A
N O
J
a.
itU
F-
d
CI 01 m > > > > 4) N >
Y1
O
m
U>>>>>>>> > >
U
C1
4' ! >R'
>
•j
d
d d d d d d d d d
d d—
L
1
G) J J J J J J J J J J
y
y
41 J J d
d
d
d d d d d d
d
m� m
J
.d..d..d, Y
J 10 10 N 16 1p m
j
.d.
d d d 10 d
LL'K R'0'1'R'C'2' 0' K
J
J
J d N J
d C W T
-C Cc >
C;) U
j N L p
CL c
a _ a�i
d 'E � E
d O O
> ¢ C
N J Co d
d d
U (D 'y'
y
O a)d d U a)
@ C U >
co - co
d L E
SUN _
C
to Z co
0 _ O
O
o�@ a
.. O
y d
(DMC m
y t ( N
L
U
3�� t
C p d
7 d N
a F-- U )
� c _a
i p j
mN E
C COL a)d o F- a
,D N .p
yN N oa .L..
}
D ca
U U C
Mn m d 3
m LL C @ t
3 o u r
y NLoN w m c
7 �
O fH `O d
N 0
} O 0.2
1 d d c co
U F-
O N > L
N d m
UM3 c
_ C C
d N d m
c, T E o
y C 0 O
CD
y !EO
O m o
0 N
t0 " d y
O d y
U m a) U m
d w
Q L U {Cp O�
U cw zco
\�
m
IL
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
C. District Services and Charges
Service Level B, Residential Street Lighting — includes all developed
single family residential parcels and residential vacant lots for which the
District provides on -going servicing, operation, and maintenance of local
street lighting improvements. The current rate and charges for Service Level
B is $25.68 per residential lot and shall be applied to developed and
undeveloped residential parcels within the following Tracts and subdivisions
for Fiscal Year 2004/2005.
Service Level B Tracts
04153-00
19939-00
20882-03
21760-00
23100-07
23267-03
24134-03
28480-00
04188-00
19939-01
20987-00
21765-00
23100-08
23267-04
24135-00
28482-00
04457-00
19939-02
21067-00
22148-00
23101-01
23371-00
24135-01
28482-01
06559-00
20079-00
21082-00
22203-00
23101-02
23371-01
24135-02
28482-02
07401-00
20079-01
21082-01
22204-00
23101-03
23371-02
24135-03
28482-03
07402-00
20079-02
21082-02
22208-00
23101-04
23371-03
24136-00
28503-00
08369-00
20079-03
21082-03
22593-00
23101-05
23371-04
24136-01
28510-00
08369-01
20130-00
21082-04
22593-01
23101-06
23371-05
24136-02
28510-01
08369-02
20130-01
21340-00
22593-02
23125-00
23371-06
24136-03
28510-02
11087-01
20130-02
21340-01
22627-00
23125-01
23371-07
24182-01
28510-03
11087-02
20130-03
21340-02
22627-01
23125-02
23371-08
24182-02
28526-00
12189-01
20130-04
21340-03
22715-00
23125-03
23371-09
24182-03
28553-00
12189-02
20130-05
21340-04
22715-01
23126-00
23371-10
24182-04
28553-01
12189-03
20130-06
21340-05
22715-02
23128-00
23371-11
24183-00
28810-00
12189-04
20153-00
21340-06
22716-00
23142-00
23371-14
24183-01
29033-00
12189-05
20154-00
21340-07
22716-01
23143-00
23483-00
24184-00
29036-00
12189-06
20319-00
21430-01
22716-02
23143-01
24131-00
24184-01
29286-00
12189-07
20643-00
21561-00
22716-03
23143-02
24131-01
24185-00
29928-00
13060-01
20644-00
21672-01
22716-04
23143-03
24131-02
24185-01
29928-01
13060-02
20703-01
21672-02
22761-00
23143-04
24131-03
24185-02
29928-02
13060-03
20703-02
21672-03
22762-00
23143-06
24132-00
24186-00
29928-03
13060-04
20703-03
21672-04
22786-00
23143-07
24132-01
24186-01
29929-00
13060-05
20735-01
21673-00
22915-00
23143-08
24133-00
24186-02
29929-01
13060-06
20735-02
21673-01
22915-01
23143-09
24133-01
24186-03
30088-00
13060-07
20735-03
21673-02
22915-02
23143-10
24133-02
24187-00
PM 26488
13060-08
20735-04
21673-03
22915-03
23143-11
23173-01
24187-01
PM 27493
18518-00
20735-05
21674-00
22916-00
23173-00
23173-02
24187-02
PM 28122
18518-01
20735-06
21674-01
22916-01
23174-03
23173-03
24188-01
Old Town
18518-02
20735-07
21674-02
22916-02
23174-04
23173-04
24232-00
18518-03
20735-08
21674-03
22916-03
23174-05
23174-01
25004-01
18583-00
20735-09
21675-00
22962-00
23174-06
23174-02
25892-00
19872-00
20848-00
21675-01
23100-01
23177-00
24133-03
26488-00
19872-01
20879-00
21675-02
23100-02
23209-00
24133-04
27827-00
19872-02
20879-01
21675-03
23100-03
23220-00
24133-05
27827-01
19872-03
20882-00
21675-04
23100-04
23267-00
24134-00
27827-02
19872-04
20882-01
21675-05
23100-05
23267-01
24134-01
27827-03
19872-05
20882-02
21675-06
23100-06
23267-02
24134-02
28309-00
Muni Financial Page 5
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
Service Level C, Perimeter Landscaping — includes all developed single
family residential parcels and residential vacant lots for which the District
provides on -going servicing, operation, and maintenance of perimeter
landscaped areas and slopes within the public right-of-ways and dedicated
easements adjacent to and associated with certain tracts and subdivisions. The
level of maintenance required within these tracts and subdivisions vary
depending on operating costs. Ten (10) subzones and their corresponding rates
have been established within Service Level C.
• The proposed rate for C-1 is $ 46.00.
• The proposed rate for C-2 is $ 89.00.
• The proposed rate for C-3 is $116.00.
• The proposed rate for C-4 is $175.00.
• The proposed rate for C-5 is $ 70.00.
• The proposed rate for C-6 is $225.00.
• The proposed rate for C-7 is $129.00.
• The proposed rate for C-8 is $20.00.
• The proposed rate for C-9 is $200.00.
• The proposed rate for C-10 is $100.00.
The current rate and charges for Service Level C is per residential lot and shall
be applied to developed and undeveloped residential parcels within the
following Tracts and subdivisions for Fiscal Year 2004/2005.
Rate Level C-1
Tract Name
Presley Development
Rancho Solana
The Vineyards
Monte Vista
Rate Level C-2
Tract Name
Morrison Homes
Ridgeview
Winchester Creek
Woodcrest Country
Service Level C Tracts
Tract Numbers
23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01
26861-02 26861-03
22593-00 22593-01 22593-02
20879-00 20879-01
28309-00
Tract Numbers
22148-00
20735-07 20735-08
20130-00 20130-01
21340-00 21340-01
21340-07
21561-00 22208-00
20735-09 21764-00 27493-PM
20130-02 20130-03 20130-04 20130-05 20130-06
21340-02 21340-03 21340-04 21340-05 21340-06
MuniFinancial Page 6
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
Rate Level C-3
Tract Name
Tract Numbers
Martinique
23128-00
Rancho Highlands
20643-00
20644-00
21760-00
22203-00 22204-00 22761-00 22762-00
Saddlewood
18518-00
18518-01
18518-02
18518-03
Vintage Hills
22715-00
22715-01
22715-02
22716-00 22716-01 22716-02 22716-03
22716-04
22915-00
22915-01
2291502 22915-03 22916-00 22916-01
22916-02
22916-03
28122-PM
Lennar
29286-00
Rate Level C-4
Tract Name
Tract Numbers
Barclay Estates
25004-01
Meadow View
21765-00
Signet Series
20882-00
20882-01
20882-02
20882-03
Tradewinds
23125-00
23125-01
23125-02
23125-03
Village Grove
21672-01
21672-02
21672-03
21672-04 21673-00 21673-01 21673-02
21673-03
21674-00
21674-01
21674-02 21674-03 21675-00 21675-01
21675-02
21675-03
21675-04
21675-05 21675-06
Crowne Hill 23143-00 23143-01 23143-02 23143-03 23143-04 23143-06 23143-07
23143-08 23143-09 23143-10 23143-11
Rate Level C-5
Tract Name Tract Numbers
Temeku Hills 23371-00 23371-01 23371-02 23371-03 23371-04 23371-05 23371-06
23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 23371-15
28482-00 28482-01 28482-02 28482-03 28526-00 29033-00
MuniFinancial Page 7
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
Rate Level C-6
Tract Name Tract Numbers
Woodside 28510-00 28510-01 28510-02 28510-03
Rate Level C-7
Tract Name Tract Numbers
Vail Ranch 23173-00 23173-01 23173-02 23173-03 23173-04 23174-01 23174-02
23174-03 23174-04 23174-05 23174-06 28480-00 28832-00
Rate Level C-8
Tract Numbers
Loma Linda 19872-00 19872-01 19872-02 19872-03 19872-04 19872-05
Rate Level C-9
Tract Name Tract Numbers
Shea Homes 23209
Rate Level C-10
Tract Name Tract Numbers
Harveston Development 29928-00 29928-01 29928-02 29928-03
29929-00 29929-01
30088-00
Service Level D, Trash/Recycling Collection — provides for the operation
and administration of the refuse collection program including recycling and
street sweeping services for all developed single family residential homes
within the District. The rate and charges for Fiscal Year 2004/2005 for
Service Level D is $179.86 per single family residential home (developed
residential parcel) and will be applied to all parcels that have been identified
as developed residential homes.
Service Level R, Road Maintenance — provides funding for construction,
improvement, service and maintenance of public streets and roads
throughout the District. The services provided may include, but are not limited
to: renovation or restoration due to damage; flood and drainage control;
repairs and re -grading; and upgrades of the existing areas as required for
unpaved roads. All parcels identified within Service Level R, share in the cost
of the services provided. The costs associated with the services are
proportionately spread among all parcels within various areas (rate levels) of
the Service Level R. Service Level R currently has two (2) rate levels. The
level of maintenance required within these two (2) areas vary due to
MuniFinancial Page 8
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
operating costs, and therefore separate rate levels have been established.
Only the parcels within each of the two (2) boundary areas will be charged for
the costs associated with servicing and maintaining the roads and streets in
the area.
• Rate Level R-1 —The parcels within this rate level consists of seventy-
five (75) assessable parcels that have direct access to roads or streets
that are serviced and maintained through the District. This rate level
provides funding for servicing and maintenance of: Kimberly Lane;
Greenwood Lane; Liefer Road; Gatlin Road; Pala Vista. A total of 1.546
miles of roads are serviced and maintained in this area.
• Rate Level R-2 —The parcels within this rate level consists of thirty-four
(34) assessable parcels that have direct access to roads or streets that
are serviced and maintained through the District. This rate level provides
funding for servicing and maintenance of Santiago Roads. A total of 0.36
miles of roads are serviced and maintained in this area.
III. CHANGES TO THE DISTRICT
Changes or modifications to the District structure, if any, could include, but are
not limited to: changes or expansion in the existing improvements or in the types
of services provided; addition of new services or Service Levels; restructuring of
the current Service Levels; inclusion of parcels into the District or Service Levels;
or revisions in the method of apportionment. Changes or modifications within the
District that may affect the levy are outlined in the following.
A. Notable Modifications to the District
On March 4, 1997, the voters of Temecula approved a Special Tax to fund
citywide community services. This Special Tax replaced two existing Service
Levels, previously charged through the Community Services District.
Community Services, Parks, and Recreation — that provided for the
maintenance, service and operation of all public parks and recreation
services within the City.
Service Level A, Arterial Street Lighting and Medians — that provided
servicing, operation, and maintenance of traffic signals, street lighting and
landscaped medians along arterial streets.
Beginning in Fiscal Year 1997/1998 these two Service Levels were replaced
by the Special Tax and are no longer charged through the District.
MuniFinancial Page 9
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
B. Proposed Modifications of the District for Fiscal Year 2004/2005
The most notable modification to the District for Fiscal Year 2004/2005 is
related to the addition of improvements and expansion of existing services as
a result of new development. When a new residential tract is developed, the
District accepts additional improvements for maintenance and servicing.
Along with acceptance of the improvements, the parcels within those tracts
are included in the appropriate Service Levels. The improvements and
services for Service Levels B and C are typically tract or development specific
and therefore, all parcels within a tract or development are included in these
two Service Levels when the District accepts the improvements. Additionally,
individual residential parcels are included in Service Level D when a new
single family residential unit is identified and service is ordered.
Service Level B
Inclusions to Service Level B (Residential Street Lighting) include 863
additional residential units for Fiscal Year 2004/2005. The following tracts are
the new developments for Fiscal Year 2004/2005:
Tract Number
Total Number of Units
23143-00
96
23143-01
81
23143-06
114
23143-08
105
23143-10
71
23143-11
96
29928-00
37
29928-01
33
29928-02
39
29928-03
31
29929-00
47
29929-01
72
30088-00
41
Total
863
The number of units for each of the tracts referenced for inclusion in Service
Level B represents the total number of residential parcels and lots within that
tract. Although these tracts have been fully subdivided or a tract map has
been approved, in some cases, the actual Assessor's Parcel Numbers
(APN's) for each of the individual residential parcels may not have been
established by the County Assessor's Office. In such cases, the APN's
currently recognized by the County are assigned and charged for the number
of residential lots associated with each parcel within the tract. The new APN's
for each of the individual residential parcels and lots are expected to be
established by the time the levy is submitted to the County, but if not, the
existing APN's will be charged based on the number of residential lots
associated with each APN.
MuniFinancial Page 10
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
Service Level C
There are a total of 940 assessable parcels added to Service Level C
(Perimeter Landscaping), for FY 2004/2005. Subzone C-8 (Loma Linda
Tract), C-9 (Shea Homes) and C-10 (Harveston Development) have been
annexed into the District. The project areas were under construction during
FY 2003/2004. Maintenance of the perimeter landscaping and slopes has
been accepted by Temecula Community Services Department. The
estimated completion of construction is scheduled June of 2004. The new
subzones will be levied for the first time in FY 2004/2005.
In addition, 775 assessable parcels were also added to the existing subzone
C-4. The tract added is known as Crowne Hill Development. The tract will
levied for the first time in FY 2004/2005.
Service Level D
A total of 732 newly developed residential parcels have been identified and
added to Service Level D (Trash/Recycling) for Fiscal Year 2004/2005. New
single family residential units are identified each year and included in Service
Level D based city building permits and the waste hauler's updated service
records.
The actual cost per household for this service for Fiscal Year 2003/2004 was
$176.28. A contribution from the General Fund was used to offset the rate
increase, there by reducing the charge for this service to a rate of $172.54 for
Fiscal Year 2003/2004. For Fiscal Year 2004/2005, the actual cost per
household is $179.86. This represents a 2.03% increase to cover the
increased costs of providing this Service Level. For more information, please
refer to the section titled "District Budgets." The costs for the District
represents actual service costs, as provided in the City's franchise agreement
with the contracted waste hauler (CR&R).
Service Level R
There are 32 parcels that have been deannexed from Service Level R (Road
Maintenance) beginning Fiscal Year 2004/2005. The parcels are located in
the boundary area of Rate Level R-2. The parcels have become part of the
John Warner Assessment District. The assessment district was formed to
issue bonds to take over funding for servicing and maintenance along John
Warner Road, Lolita Road, Paulita Road and Clover Court. Consequently,
the costs to maintain the roads for the remaining parcels in Rate Level R-2
decreased from $121.92 to $95.86 per parcel development units. For details,
please refer to the section of this report titled "Method of Apportionment".
This change represents a 21.37% decrease as compared to the prior fiscal
year.
MuniFinancial Page 11
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
IV. DISTRICT BUDGETS
The Tables on the next two (2) pages shows the District budget for Fiscal Year
2004/2005.
FISCAL YEAR 2004/2005 DISTRICT BUDGET
Temecula Community Services District
Operating Budget Department Summary for the Year Ending June 30, 2005
Acct.
Budget Items No.
Level B
192
Level C
193
Level D
194
Level R
195
Total
District
PERSONNEL SERVICES
$4,959
$241,472
$38,471
$0
$284,902
Subtotal
$4,959
$241,472
$38,471
$0
$284,902
OPERATIONS MAINTENANCE
Repair & Maintenance Facilities 5212
$0
$46,000
$0
$0
$46,000
Office Supplies 5220
200
0
0
0
200
Printing 5222
0
0
11,000
0
11,000
Election Costs (Offset by Developer
Deposits) 5225
1,000
500
0
0
1,500
Dues and Memberships 5226
0
0
3,500
0
3,500
Postage and Packaging 5230
1,000
0
0
0
1,000
Property Tax Administrative Fees 5231
6,000
3,900
10,000
80
19,980
Utilities 5240
0
265,000
0
0
265,000
Small Tools and Equipment 5242
0
0
6,357
0
6,357
Consulting Services 5248
0
30,000
7,000
0
37,000
Other Outside Services 5250
0
0
5,200
0
5,200
Public Notices 5256
5,700
3,300
6,000
0
15,000
Mileage 5262
0
0
200
0
200
Recognition Program 5265
0
0
2,880
0
2,880
Subtotal 5200s
$13,900
$348,700
$52,137
$80
$414,817
MuniFinancial Page 12
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
FISCAL YEAR 2004/2005 DISTRICT BUDGET
Temecula Community Services District
Operating Budget Department Summary for the Year Ending June 30, 2005
Acct.
Budget Items No.
Level B
192
Level C
193
Level D
194
Level R
195
Total
District
OPERATIONS MAINTENANCE
Waste Hauling 5315
$0
$0
$3,581,912
$0
$3,581,912
Street Lighting 5319
560,000
0
0
0
560,000
Subtotal (5300s)
$560,000
$0
$3,581,912
$0
$4,141,912
Emergency Road Maintenance 5402
$0
$0
$0
$12,080
$12,080
Landscape Maintenance 5415
0
640,000
0
0
640,000
Landscape Rehabilitation 5416
0
35,000
0
0
35,000
Subtotal(5400s)
$0
$675,000
$0
$12,080
$687,080
Capital Outlay
$0
$0
$0
$0
$0
Subtotal
$0
$0
$0
$0
$0
TOTAL DIRECT DISTRICT COSTS
$578,859
$1,265,172
$3,672,520
$12,160
$5,528,711
EXPENDITURES/REVENUES
Reserve Collection (Contingency)
$0
$0
$0
$0
$0
Total Direct District Costs
578,859
1,265,172
3,672,520
12,160
5,528,711
TOTAL
EXPENDITURES/REVENUES
$578,859
$1,265,172
$3,672,520
$12,160
$5,528,711
CONTRIBUTIONS
Contributions from Other Fund
Revenue Sources
$26,200
$31,120
$37,317
$0
$94,637
Contributions from Other Revenue
Sources
0
31,316
0
31,316
Contributions from the General Fund
35,000
0
0
500
35,500
Fund Balance Contributions
35,979
0
53,291
2,501
91,771
TOTAL CONTRIBUTIONS
$97,179
$62,436
$90,608
$3,001
$253,224
Balance to Lev Budgeted
$481,680
$1,202,736
$3,581,912
1 $9,159
1 $5,275,487
MuniFinancial Page 13
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
V. METHOD OF APPORTIONMENT
As in past years, the cost to provide services within the District will be fairly
distributed among each eligible property.
Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping
and Slopes); and Service Level D (Trash/Recycling):
The following is the formula used to calculate each property's District charges by
the per parcel (residential lot) method.
Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge
Service Level R (Roads):
The Charge Per Levy Unit for Service Level R is based on a Parcel Development
Unit (PDU), which is similar to a per parcel charge, but makes a distinction
between developed and undeveloped parcels.
Parcel Development Units = 1.0 for Developed Parcels
Parcel Development Units = 0.5 for Undeveloped Parcels
Total Balance to Levy / Total Parcel PDU (in rate Level) = Parcel Charge
The following tables reflect the levy calculations for each Service Level.
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL B
Property Type
Parcel/Unit
X
Charge per
Parcel
=
Parcel
Charge
Multiplier
Single Family Residential Lot
1.00
$25.68
$25.68
Per Parcel
Vacant Residential Lot
1.00
$25.68
$25.68
Per Parcel
MuniFinancial Page 14
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL C
Property Type and Zone
Parcel/Unit
X
Charge per
Parcel
=
Parcel
Charge
Multiplier
Residential Lot C-1
1.00
$46.00
$46.00
Per Parcel
Residential Lot C-2
1.00
$89.00
$89.00
Per Parcel
Residential Lot C-3
1.00
$116.00
$116.00
Per Parcel
Residential Lot C-4
1.00
$175.00
$175.00
Per Parcel
Residential Lot C-5
1.00
$70.00
$70.00
Per Parcel
Residential Lot C-6
1.00
$225.00
$225.00
Per Parcel
Residential Lot C-7
1.00
$129.00
$129.00
Per Parcel
Residential Lot C-8
1.00
$20.00
$20.00
Per Parcel
Residential Lot C-9
1.00
$200.00
$200.00
Per Parcel
Residential Lot C-10
1.00
$100.00
$100.00
Per Parcel
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL D
Property'
el/Unit
X
Charge per
Parcel
=
Parcel
Charge
Multiplier
Single Family Residential Lotj
1.00
$179.86
$179.86
1 Per Parcel
* Developed residential parcel identified by CR&R for which refuse collections are available.
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL R
Property Type and Zone
Parcel/Unit
X
Charge
per Unit
=
Parcel
Charge
Multiplier
Single Family Residential Lot R-1
1.00
$115.26
$115.26
Per Parcel
Vacant Residential Lot R-1
0.50
$115.26
$57.64
Per Parcel
Single Family Residential Lot R-2
1.00
$95.86
$95.86
Per Parcel
Vacant Residential Lot R-2
0.50
$95.86
$47.94
Per Parcel
MuniFinancial Page 15
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2004/2005
Appendix A — 2004/2005 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as
shown on the County Assessor's map for the year in which this report is prepared.
A listing of parcels within this District, along with the charges, has been submitted to
the City Clerk and, by reference, is made part of this report.
MuniFinancial Page 16
CITY OF TEMECULA
ENGINEER'S ANNUAL LEVY REPORT
Temecula Community Services District
Appendix A —Collection Roll
Fiscal Year 2004/2005
INTENT MEETING: April 13 2004,
PUBLIC HEARING: June 8, 2004
Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (909) 587-3500
Tel:(800) 755-MUNI (6864)
Fax:(909) 587-3510
MuniFinancial
Office Locations
Anaheim, CA
Jacksonville, FL
Lancaster, CA
Los Angeles Regional Office
Oakland, CA
www.muni.com
Pensacola, FL
Phoenix, AZ
Sacramento, CA
Seattle, WA
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
MARCH 23, 2004
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:40
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT: 5 AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, and
Comerchero
ABSENT: 0 AGENCY MEMBERS: None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of March 16, 2004.
2 Old Town Property Acquisition Relocation Plan
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 04-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THE RELOCATION PLAN
FOR THE PROPOSED PARKING LOT PROJECT IN OLD
TOWN TEMECULA
(Item No. 2 was removed from the Consent Calendar for separate action.)
MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The
motion was seconded by Agency Member Stone and electronic vote reflected unanimous
approval.
R: Minutes.rda\032304
2. Old Town Property Acquisition Relocation Plan
RECOMMENDATION:
2.2 Adopt a resolution entitled:
RESOLUTION NO. RDA 04-05
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THE RELOCATION PLAN
FOR THE PROPOSED PARKING LOT PROJECT IN OLD
TOWN TEMECULA
Redevelopment Director Meyer presented the staff report (of record). For the record, Chairman
Jeff Comerchero announced that there were no members of the public wishing to speak on this
issue.
MOTION: Agency Member Roberts moved to approve staff recommendation. The motion was
seconded by Agency Member Stone and electronic vote reflected unanimous approval.
EXECUTIVE DIRECTOR'S REPORT
No comments.
AGENCY MEMBERS' REPORTS
No comments.
ADJOURNMENT
At 7:41 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, April 13, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
Jeff Comerchero, Chairman
R:\Minutes.rdak032304
ITEM 2
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAL
CITY MANAGER
CITY OF TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Chairman and Members of the Temecula Redevelopment Agency
Executive Director l
FROM: Jim O'Grady, Assistant City Manage
DATE: April 13, 2004
SUBJECT: Sale of Agency Property - 27500 Jefferson Avenue
RECOMMENDATION:
That the Agency approve an Agreement and Escrow Instructions with Richard and Lisa
Schoenfeld, owners of Kia World for the sale of Agency -owned property at 27500 Jefferson
Avenue.
BACKGROUND: The Temecula Redevelopment Agency owns property at 27500 Jefferson
Avenue, which has been leased for automobile sales/service as well as RV sales/service for
approximately 10 years. The Agency originally acquired this property from Norm Reeves
Honda as part of a deal which enabled Norm Reeves to move to the Temecula Auto Mall. The
Agency is currently leasing this property to Kia World for sales and service of new and used
vehicles.
The Agency has previously provided direction to sell this property and to negotiate a sales
agreement with Rick and Lisa Schoenfeld, doing business as Kia World. Staff has worked with
the Schoenfelds on such an agreement and recommends approval of the attached Agreement
and Escrow Instructions. Key points,of this agreement include:
• Purchase price of $2.1 million, with deposit of $200,000
• Anticipated close of escrow on or before May 7, 2004
• Buyer and Seller each pay customary closing costs
• Agency will assign its rights for cleanup of the previous soil contamination on this site
which is currently being provided by the Donna Reeves Trust
FISCAL IMPACT: Approval of this agreement will result in revenue to the Agency of
$2,100,000 less normal closing costs. No broker's commissions are involved. The Agency
will no longer receive lease income for this property.
ATTACHMENT: Purchase and Sale Agreement and Joint Escrow Instructions
Z.,IOGRADYJI27500JEFFERSONIAGENDA REPORT- SALE AGREEMENT TO K1A, 04-13-04.DOC 1 416104
AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
TO: First American Title Insurance Company Escrow No. 1395 4 3 9
3625 14th Street Escrow Officer: Ms. Debra Newton
Riverside, California 92501 Title Order No.
('Escrow Holder") Title Officer: Mr. Bill Callanan
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS ("Agreement") is made and entered into as of thi4jpday of March, 2004,
(the "Effective Date") by and between the REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA ("Seller"), and RICHARD and LISA SCHOENFELD, husband and wife,
individuals (collectively, "Buyer"), with respect to the following:
RECITALS:
A. Seller is the owner of that certain real property located in the City of
Temecula ("City"), County of Riverside, State of California, located at 27500 Jefferson Road,
consisting of improved land (the "Land"), all of which is described on Exhibit "A" attached
hereto, together with three (3) commercial building(s), associated parking areas and other
improvements located thereon (the "Improvements"). The Land, together with the
Improvements, shall hereinafter be collectively referred to as the "Property."
C. Seller desires to sell the Property to Buyer and Buyer desires to purchase
the Property from Seller upon the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained and the Recitals which are incorporated herein by this reference and for other
good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,
Seller and Buyer hereby agree that the terms and conditions of this Agreement and the
instructions to Escrow Holder with regard to the escrow ("Escrow") created pursuant hereto are
as follows:
AGREEMENT:
1. Purchase and Sale. Seller agrees to sell the Property to Buyer, and Buyer
agrees to purchase the Property from Seller, upon the terms and conditions herein set forth.
2. Purchase Price. The purchase price ("Purchase Price") for the Property
shall be Two Million and One Hundred Thousand Dollars ($2,100,000.00).
3. Payment of Purchase Price. The Purchase Price for the Property shall be
paid by Buyer as follows:
(a) Deposit. Upon the "Opening of Escrow" (as defined in Paragraph
4(a) below), Buyer shall deposit, or cause to be deposited with Escrow Holder, in cash,
11087-0001\766092v3.doe
by certified or bank cashier's check made payable to Escrow Holder, or by a confirmed
wire transfer of funds (hereinafter referred to as "Immediately Available Funds"), the
sum of Two Hundred Thousand Dollars ($200,000.00) (the "Deposit"). Escrow Holder
shall place the Deposit in an interest bearing account. The Deposit shall be applicable to
the Purchase Price upon the "Close of Escrow" (as defined in Paragraph 4(b) below) and
upon the expiration of the "Contingency Period" (as defined in Paragraph 7(a)(i) below)
shall be nonrefundable to Buyer unless Seller fails to convey the Property to Buyer as
provided herein and such failure constitutes a default by Seller hereunder. Subject to the
terms of sections 7 and 16 hereof, interest on the Deposit shall accrue for the benefit of
Seller.
(b) ClosingFunds. unds. At least one (1) business day prior to the Close of
Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in Immediately
Available Funds, the balance of the Purchase Price plus Escrow Holder's estimate of
Buyer's share of closing costs, prorations and charges payable pursuant to this
Agreement.
4. Escrow.
(a) Opening of Escrow. For purposes of this Agreement, the Escrow
shall be deemed opened on the date Escrow Holder shall have received a fully executed
original or originally executed counterparts of this Agreement from Seller and Buyer (the
"Opening of Escrow"). Escrow Holder shall notify Buyer and Seller, in writing, of the
date Escrow is opened. Buyer and Seller agree to execute, deliver and be bound by any
reasonable or customary supplemental escrow instructions of Escrow Holder or other
instruments as may reasonably be required by Escrow Holder in order to consummate the
transaction contemplated by this Agreement. Any such supplemental instructions shall
not conflict with, amend or supersede any portions of this Agreement. To the extent of
any inconsistency between the provisions of such supplemental instructions and the
provisions of this Agreement, the provisions of this Agreement shall control.
(b) Close of Escrow. For purposes of this Agreement, the "Close of
Escrow" shall be defined as the date that the grant deed ("Grant Deed"), generally in the
form of which is attached hereto as Exhibit "C", conveying the Property to Buyer, is
recorded in the Official Records of the Riverside County, California Recorder's Office
(the "Official Records"). Unless extended in writing by Buyer and Seller, this Escrow
shall close on or before May 7, 2004 (the "Closing Date").
(c) Notification Obligation of Escrow. Escrow hereby agrees for the
benefit of Seller to promptly notify Seller in the event that Buyers does not comply with
any of the provisions of this Agreement that require delivery of documents, funds or
notices to Escrow.
5. Condition of Title. It shall be a condition to the Close of Escrow for the
benefit of Buyer and Seller that title to the Property shall be conveyed to Buyer by the Grant
Deed subject to the following condition of title ("Condition of Title"):
11087-0001\766092v3.doc -2-
(a) a lien to secure payment of general and special real property taxes
and assessments, not delinquent;
(b) the lien of supplemental taxes assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue and Taxation Code;
(c) matters affecting the Condition of Title created by or with the
written consent of Buyer or which do not materially and deleteriously affect Buyer's
contemplated use of the Property;
(d) all matters which are or would be disclosed by the "Survey" (as
defined in Paragraph 7(a)(ii) below) of the Property which are approved or deemed
approved by Buyer as provided therein;
(e) all exceptions which are disclosed by the "Report" described in
Paragraph 7(a)(ii) below which are approved or deemed approved by Buyer as provided
therein;
(f) all matters which would be disclosed by a physical inspection of
the Property or which in any way affect title to the Property resulting from acts or
omissions of Buyer; and
(g) all applicable laws, ordinances, rules and governmental regulations
(including, but not limited to, those relative to building, zoning and land use) affecting
the development, use, occupancy or enjoyment of the Property.
6. Title Policy. Title shall be evidenced by the willingness of Escrow Holder
in its capacity as title insurer ("Title Company") to issue its CLTA Owner's Form Policy of Title
Insurance ("Title Policy") in the amount of the Purchase Price showing title to the Property
vested in Buyer, subject to the Condition of Title.
7. Conditions to Close of Escrow
(a) Conditions to Buyer's Obligations. Buyer's obligation to
consummate the transaction contemplated by this Agreement is subject to the satisfaction
of the following conditions for Buyer's benefit (or Buyer's waiver thereof, it being
agreed that Buyer may waive any or all of such conditions) on or prior to the dates
designated below for the satisfaction of such conditions. In the event Buyer terminates
this Agreement and the Escrow due to the nonsatisfaction of any of such conditions, then
Buyer shall be entitled to the return of the Deposit and all interest accrued thereon and
both Seller and Buyer shall be relieved of all further obligations and liabilities under this
Agreement (except for the indemnity and insurance obligations of Buyer set forth in
Paragraph 7(a)(i)(A) below and the covenants of Buyer set forth in Paragraph 22(a)
below, which shall survive any such termination).
(i) Contingency Matters. Buyer shall have until p.m, on that
date which is thirty (30) days following the Opening of Escrow (such period of
11087-0001\766092v3.doc -3-
time shall be referred to herein as the "Contingency Period') to satisfy itself, in
Buyer's sole and absolute discretion, as to the following matters:
(A) Buyer's Review of the Property and Related
Matters. Buyer shall be satisfied with all aspects of the Property and its
condition and suitability for Buyer's intended use thereof, including,
without limitation, the environmental condition of the Property, the
presence or absence of Hazardous Materials (as defined herein) on the
Property, the zoning for the Property and the availability of all permits,
licenses, variances and the like necessary for Buyer's intended use of the
Property. During the term of this Escrow, Buyer, its agents, contractors
and subcontractors shall have the right to enter upon the Property, at
reasonable times during ordinary business hours following not less than
twenty-four (24) hours prior notice to Seller, at Buyer's cost, to make such
inspections, surveys (including, without limitation, a new ALTA survey)
and tests as may be necessary in Buyer's discretion, including, without
limitation, soils tests, toxic waste analysis, geological and/or engineering
studies and land use or related studies; provided, however, if Buyer
proposes to make any tests in connection with any Phase II environmental
report or any other tests which involve drilling, boring or other similar
intrusive or invasive action on or under the Property, then Buyer shall
obtain Seller's written consent prior to making any such tests, which
consent may be withheld in Seller's sole, absolute and subjective
discretion. Buyer shall use care and consideration in connection with any
of its inspections or tests and Seller shall have the right to be present
during any inspection of the Property by Buyer or its agents. Buyer shall
restore the Property to its original condition after any and all tests and/or
inspections. Buyer hereby indemnifies, protects, defends (with counsel
chosen by Seller) and holds Seller and the Property free and harmless from
and against any and all claims, costs, losses, liabilities, damages, lawsuits,
judgments, actions, proceedings, penalties, demands, attorneys' fees,
mechanic's liens, or expenses of any kind or nature whatsoever, arising
out of or resulting from (i) any entry and/or activities upon the Property by
Buyer, Buyer's agents, contractors and/or subcontractors, and/or the
contractors and subcontractors of such agents, or (ii) from the enforcement
of this agreement of indemnity or the assertion by Buyer of any defense to
its obligations hereunder.
Prior to any entry upon the Property by Buyer's agents,
contractors, subcontractors or employees, for the purposes of such
investigations, Buyer shall deliver to Seller an original endorsement to
Buyer's commercial general liability insurance policy which evidences
that Buyer is carrying a commercial general liability insurance policy with
a financially responsible insurance company acceptable to Seller, covering
(i) the activities of Buyer, and Buyer's agents, contractors, subcontractors
and employees on or upon the Property, and (ii) Buyer's indemnity
obligation contained in this Paragraph 7(a)(i)(A). Such endorsement to
11087-000 1 \766092v3.doc 4-
such insurance policy shall evidence that such insurance policy shall have
a per occurrence limit of at least One Million Dollars ($1,000,000) and an
aggregate limit of at least Two Million Dollars ($2,000,000), shall name
Seller as an additional insured, shall be primary and noncontributing with
any other insurance available to Seller and shall contain a full waiver of
subrogation clause.
(B) Review and Approval of Documents and Materials.
Seller has previously delivered to Buyer or will, upon written request,
deliver to Buyer those documents and materials respecting the Property set
forth below (the "Documents and Materials"). The failure of Buyer to
disapprove any of the Documents and Materials on or before the
expiration of the Contingency Period shall be deemed to constitute
Buyer's approval thereof.
(a) Soils and Engineering Reports. All existing
and available soils, environmental and building reports and
engineering data pertaining to the Property and any and all
architectural studies, grading plans, topographical maps and
similar data regarding the Property in Seller's possession, if any;
and
(b) Leases and Contracts. Copies of all material
service and maintenance contracts and leases (and amendments
thereto) made by Seller currently in effect with respect to the
Property in Seller's possession, if any, and any terminations of
such contracts and leases (the "Contracts"). Prior to the expiration
of the Contingency Period, Buyer shall designate which contracts,
if any, Buyer approves and agrees to assume at the Close of
Escrow.
If, during the Contingency Period, Buyer determines that it
is dissatisfied, in Buyer's reasonable discretion, with any aspects of the
Property and/or its condition or suitability for Buyer's intended use or
with any of the Documents and Materials, then Buyer may terminate this
Agreement and the Escrow created pursuant hereto by delivering written
notice to Seller and Escrow Holder on or before the expiration of the
Contingency Period of Buyer's election to terminate, in which event: (i)
this Agreement and the Escrow created pursuant hereto shall terminate and
be of no further force or effect (except for the indemnity and insurance
obligations of Buyer contained above in Paragraph 7(a)(i)(A) and the
covenants of Buyer set forth in Paragraph 22(a) below, which shall survive
any such termination), (ii) Escrow Holder shall return to Buyer the
Deposit and all interest accrued thereon (less Buyer's share of escrow
cancellation charges), and (iii) Buyer shall return to Seller all Documents
and Materials previously delivered to Buyer by Seller. If Buyer fails to
deliver any such termination notice to Seller and Escrow Holder on or
11087-000 1 \766092v3.doc -5-
before the expiration of the Contingency Period, then Buyer shall be
deemed to be satisfied with all aspects of the Documents and Materials
and with all aspects of the Property, including, without limitation, the
condition and suitability of the Property for Buyer's intended use.
(ii) Buyer's Review of Title. Buyer shall have until that date
which is twenty (20) days after Buyer's receipt of the "Report" and the "Survey"
(as defined hereinbelow) (the "Title Review Period") to approve (A) a standard
preliminary report from the Title Company with respect to the Land, together with
the underlying documents relating to the Schedule B exceptions set forth in such
report (collectively, the "Report") and (B) the most recent survey of the Property
which is in Seller's possession, if any (the "Survey"). Buyer shall have until the
end of the Title Review Period to give Seller and Escrow Holder written notice
("Buyer's Title Notice") of Buyer's disapproval or conditional approval of any
matters shown in the Report or disclosed by the Survey to the extent the same
differs from the Condition of Title. The failure of Buyer to give Buyer's Title
Notice on or before the end of the Title Review Period shall be deemed to
constitute Buyer's approval of the condition of title to the Property. If Buyer
disapproves or conditionally approves any matter of title shown in the Report,
then Seller may, but shall have no obligation to, within thirty (30) days after its
receipt of Buyer's Title Notice ("Seller's Election Period"), elect to eliminate or
ameliorate to Buyer's satisfaction the disapproved or conditionally approved title
matters by giving Buyer written notice ("Seller's Title Notice") of those
disapproved or conditionally approved title matters, if any, which Seller agrees to
so eliminate or ameliorate by the Closing Date. If Seller does not elect to
eliminate or ameliorate any disapproved or conditionally approved title matters,
or if Buyer disapproves Seller's Title Notice, or if Seller fails to timely deliver
Seller's Title Notice, then Buyer shall have the right, upon delivery to Seller and
Escrow Holder (on or before five (5) days following the expiration of Seller's
Election Period) of a written notice, to either: (A) waive its prior disapproval, in
which event said disapproved matters shall be deemed approved; or (B) terminate
this Agreement and the Escrow created pursuant hereto. Failure to take either one
of the actions described in (A) and (B) above shall be deemed to be Buyer's
election to take the action described in (A) above. If, in Seller's Title Notice,
Seller has agreed to either eliminate or ameliorate to Buyer's satisfaction by the
Closing Date certain disapproved or conditionally approved title matters
described in Buyer's Title Notice, but Seller is unable to do so, then Buyer shall
have the right (which shall be Buyer's sole and exclusive right or remedy for such
failure), upon delivery to Seller and Escrow Holder (on or before one (1) business
day prior to the Closing Date) of a written notice to either: (x) waive its prior
disapproval, in which event said disapproved matters shall be deemed approved;
or (y) terminate this Agreement and the Escrow created pursuant hereto, in which
event Buyer shall be entitled to the return of the Deposit, together with all interest
accrued thereon while in Escrow. Failure to take either one of the actions
described in (x) and (y) above shall be deemed to be Buyer's election to take the
action described in (x) above. In the event this Agreement is terminated by Buyer
pursuant to the provisions of this Paragraph 7(a)(ii), neither party shall have any
11087-000 1 \7660920.doc -6-
further rights or obligations hereunder except that the indemnity and insurance
obligations of Buyer set forth in Paragraph 7(a)(i)(A) above and the covenants of
Buyer set forth in Paragraph 22(a) below shall survive any such termination.
(iii) Seller's Obligations. As of the Close of Escrow, Seller
shall have performed all of the obligations required to be performed by Seller
under this Agreement.
(b) Conditions to Seller's Obligations. For the benefit of Seller, unless
waived by Seller, the Close of Escrow shall be conditioned upon Buyer having timely
performed all of the obligations required by the terms of this Agreement to be performed
by Buyer.
8. Deposits by Seller. At least one (1) business day prior to the Close of
Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following
documents and instruments:
(a) Grant Deed. A counterpart of the Grant Deed, in the form attached
hereto as Exhibit `B", duly executed by Seller and acknowledged;
(b) Seller's Certificate of Non -Foreign Status. A certificate of non -
foreign status in the form attached hereto as Exhibit "C" ("Firpta Certificate") as to the
federal form, and California State Form FTB 590-RE, duly executed by Seller;
(c) Contracts. Any and all original Contracts;
(d) Assignment of Contracts and Assumption Agreement. An
Assignment of Contracts and Assumption Agreement ("Assignment of Contracts"), duly
executed by Seller, in the form attached hereto as Exhibit "D", pursuant to which Seller
shall assign to Buyer all of Seller's right, title and interest in, under and to the Contracts;
(e) Bill of Sale. A Bill of Sale ("Bill of Sale"), duly executed by
Seller in the form attached hereto as Exhibit "E", conveying all of Seller's right, title and
interest in and to any personal property owned by Seller which is used exclusively in
connection with the operation and/or maintenance of the Property.
9. Deposits by Buyer. Buyer shall deposit or cause to be deposited with
Escrow Holder the Deposit which is to be applied towards the payment of the Purchase Price and
the balance of the Purchase Price in the amounts and at the times set forth in Paragraph 3 above.
In addition, Buyer shall deposit with Escrow Holder prior to the Close of Escrow the following
documents and instruments:
(a) Grant Deed. A counterpart of the Grant Deed, duly executed by
Buyer and acknowledged;
(b) Assignment of Contracts. Counterpart of the Assignment of
Contracts, duly executed by Buyer; and
11087-0001\766092v3.doe -7-
Buyer. (c) Bill of Sale. Counterpart of the Bill of Sale, duly executed by
10. Costs and Expenses. Seller will pay the cost of the CLTA portion of the
Buyer's title insurance policy (excluding endorsements), documentary transfer taxes, recording
charges (if any) and half of the Escrow Holder's fees and charges. Buyer will pay for the ALTA
portion (if any) of the Buyer's title insurance policy, all title insurance endorsements and one
half of the Escrow Holder's fees and charges. If, as a result of no fault of Buyer or Seller,
Escrow fails to close, Buyer and Seller shall share equally all of Escrow Holder's fees and
charges.
11. Proration. The following prorations shall be made between Seller and
Buyer on the Close of Escrow, computed as of the Close of Escrow:
(a) Taxes and Assessments. Real and personal property taxes and
assessments on the Property shall be prorated on the basis that Seller is responsible for:
(i) all such taxes for the fiscal year of the applicable taxing authorities occurring prior to
the "Current Tax Period" (as hereinafter defined), and (ii) that portion of such taxes for
the Current Tax Period determined on the basis of the number of days which have
elapsed from the first day of the Current Tax Period to the Close of Escrow, inclusive,
whether or not the same shall be payable prior to the Close of Escrow. The phrase
"Current Tax Period" refers to the fiscal year of the applicable taxing authority in which
the Close of Escrow occurs. In the event that as of the Close of Escrow the actual tax
bills for the year or years in question are not available and the amount of taxes to be
prorated as aforesaid cannot be ascertained, then rates and assessed valuation of the
previous year, with known changes, shall be used, and when the actual amount of taxes
and assessments for the year or years in question shall be determinable, then such taxes
and assessments will be reprorated between the parties to reflect the actual amount of
such taxes and assessments.
(b) Rents and Security Deposits. Rent and other receivables, if any,
(collectively, "Rents") shall be prorated as of the Close of Escrow, except that Seller
shall, in its good faith discretion, deal with security deposits under leases as required or
permitted by such leases.
(c) Utilities. Gas, water, electricity, heat, fuel, sewer and other
utilities and the operating expenses relating to the Property shall be prorated as of the
Close of Escrow. If the parties hereto are unable to obtain final meter readings as of the
Close of Escrow then such expenses shall be estimated as of the Close of Escrow on the
prior operating history of the Property.
At least one (1) business day prior to the Close of Escrow the parties hereto shall
agree upon all of the proration to be made and submit a statement to the Escrow Holder setting
forth the same. In the event that any proration, apportionments or computation made under
this Paragraph 11 shall require final adjustment, then the parties hereto shall make the
appropriate adjustments promptly when accurate information becomes available and either party
11087-000 1 \7660920.doc -8-
hereto shall be entitled to an adjustment to correct the same. Any corrected adjustment or
proration will be paid in cash to the party entitled thereto.
12. Disbursements and Other Actions by Escrow Holder. Upon the Close of
Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated:
(a) Prorations. Prorate all matters referenced in Paragraph 11 based
upon the statement delivered into Escrow signed by the parties.
(b) Recordine. Cause the Grant Deed and any other documents which
the parties hereto may mutually direct, to be recorded in the Official Records.
(c) Funds. Disburse from funds deposited by Buyer with Escrow
Holder towards payment of all items chargeable to the account of Buyer pursuant hereto
in payment of such costs, including, without limitation, the payment of the Purchase Price
to Seller, and disburse the balance of such funds, if any, to Buyer.
(d) Title Policy. Direct the Title Company to issue the Title Policy to
Buyer.
(e) Documents to Seller. Deliver to Seller counterparts of the
Assignment of Contracts and Bill of Sale executed by Buyer.
(f) Documents to Buyer. Deliver to Buyer the Contracts, the Firpta
Certificate, Form FTB 590-RE, and the Assignment of Contracts and the Bill of Sale
executed by Seller.
13. Seller's Representations and Warranties. In consideration of Buyer
entering into this Agreement and as an inducement to Buyer to purchase the Property from
Seller, Seller hereby makes the following representations and warranties to Buyer as of the date
of this Agreement, each of which is material and being relied upon by Buyer:
(a) Authori Seller has the legal right, power and authority to enter
into this Agreement and to consummate the transactions contemplated hereby, and the
execution, delivery and performance of this Agreement have been duly authorized and no
other action by Seller is requisite to the valid and binding execution, delivery and
performance of this Agreement, except as otherwise expressly set forth herein.
(b) Foreign Person Affidavit. Seller is not a foreign person as defined
in Section 1445 of the Internal Revenue Code.
(c) Contracts. To Seller's actual knowledge, except for the Contracts
and the documents disclosed by the Condition of Title or provided to Buyer, Seller has
entered into no service or maintenance contracts or leases affecting the Property.
The "actual knowledge" of the Seller, as used in this Paragraph 13, means the actual, present
knowledge of the Executive Director as of the date of this Agreement, without any investigation
or inquiry of any kind or nature whatsoever.
11087-000 1 \766092v3.doc -9-
14. Buyer's Covenants. Representations and Warranties. In consideration of
Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer,
Buyer makes the following covenants, representations and warranties, each of which is material
and is being relied upon by Seller:
(a) Authori . Buyer has the legal right, power and authority to enter
into this Agreement and to consummate the transactions contemplated hereby, and the
execution, delivery and performance of this Agreement have been duly authorized and no
other action by Buyer is requisite to the valid and binding execution, delivery and
performance of this Agreement, except as otherwise expressly set forth herein.
(b) Seller's Environmental Inquiry. Buyer acknowledges and agrees
that the sole inquiry and investigation Seller has conducted in connection with the
environmental condition of the Property is to obtain the certain environmental report(s)
described in Exhibit " F" attached hereto, and that, for purposes of California Health and
Safety Code Section 25359.7, Seller has acted reasonably in solely relying upon said
inquiry and investigation.
(c) As Is. Buyer is acquiring the Property "AS IS" without any
representation or warranty of Seller, express, implied or statutory, as to the nature or
condition of or title to the Property or its fitness for Buyer's intended use of same. Buyer
is, or as of the expiration of the Contingency Period will be, familiar with the Property.
Buyer is relying solely upon, and as of the expiration of the Contingency Period will have
conducted, its own, independent inspection, investigation and analysis of the Property as
it deems necessary or appropriate in so acquiring the Property from Seller, including,
without limitation, an analysis of any and all matters concerning the condition of the
Property and its suitability for Buyer's intended purposes, and a review of all applicable
laws, ordinances, rules and governmental regulations (including, but not limited to, those
relative to building, zoning and land use) affecting the development, use, occupancy or
enjoyment of the Property.
Without limiting the generality of the foregoing, Buyer hereby expressly
waives and relinquishes any and all rights and remedies Buyer may now or hereafter have
against Seller, whether known or unknown, with respect to any past, present or future
presence or existence of "Hazardous Materials" (as herein defined) on, under or about the
Property or with respect to any past, present or future violations of any rules, regulations
or laws, now or hereafter enacted, regulating or governing the use, handling, storage or
disposal of Hazardous Materials, including, without limitation: (i) any and all rights
Buyer may now or hereafter have to seek contribution from Seller under Section 113(f)(i)
of the Comprehensive Environmental Response Compensation and Liability Act of 1980
("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of
1986 (42 U.S.C.A. §9613), as the same may be further amended or replaced by any
similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have
against Seller under the Carpenter -Presley -Tanner Hazardous Substance Account Act
(California Health and Safety Code, Section 25300 et seq.), as the same may be further
amended or replaced by any similar law, rule or regulation, (iii) any and all claims,
whether known or unknown, now or hereafter existing, with respect to the Property under
11087-000 1 \766092v3.doc -10-
Section 107 of CERCLA (42 U.S.C.A. §9607); and (iv) any and all claims Buyer may
now or hereafter have, whether known or unknown, now or hereafter existing, based
upon nuisance, trespass or any other common law or statutory provision. As used herein,
the term "Hazardous Material(s)" includes, without limitation, any hazardous or toxic
materials, substances or wastes, such as (A) those materials identified in Sections 66680
through 66685 and Sections 66693 through 66740 of Title 22 of the California
Administrative Code, Division 4, Chapter 30, as amended from time to time, (B) those
materials defined in Section 255010) of the California Health and Safety Code, (C) any
materials, substances or wastes which are toxic, ignitable, corrosive or reactive and which
are regulated by any local governmental authority, any agency of the state of California
or any agency of the United States Government, (D) asbestos, (E) petroleum and
petroleum based products, (F) urea formaldehyde foam insulation, (G) polychlorinated
biphenyls (PCBs), and (H) freon and other chlorofluorocarbons.
In addition, notwithstanding any other provision to the contrary in this
Agreement, nothing in this Agreement shall limit, restrict or curtail any obligation of Buyer to (i)
indemnify, protect and hold harmless Seller from a loss arising out of the environmental
condition of the Property or (ii) any obligation to remediate the environmental condition of the
Property.
BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
BY INITIALING BELOW, BUYER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE
MATTERS WHICH ARE THE SUBJWT OF PIF/FOREGOING WAIVERS AND
RELEASES: 1--- I O /
The waivers and releases by Buyer herein contained shall survive the
Close of Escrow and the recordation of the Grant Deed and shall not be deemed merged
into the Grant Deed upon its recordation.
(d) Effective as of the Close of Escrow, Seller assigns to Buyer,
without representation or warranty express or implied (except as set forth below in this
subsection (d), the nonexclusive rights of Seller under Section 12.2 of that certain Lease
Agreement dated January 25, 1994 between Seller, as lessor, and Donna L. Reeves Trust
11087-0001W660920.doc -11-
UTD 7-25-90, as lessee (as supplemented by Sections 23.7 and 23.11 of said Lease
Agreement). Seller and Buyer agree to reasonably cooperate with each other in enforcing
such rights against the lessee under said Lease Agreement for the benefit of both Buyer
and Seller, provide d that the attorneys' fees and costs of the cooperating party are paid by
the other party. Seller represents and warrants to Buyer that Seller has not amended or
modified Sections 12.2, 23.7 or 23.11 of the Lease Agreement. This subsection (d) shall
survive the Close of Escrow and the delivery and recordation of the Grant Deed.
(e) Limitation on Seller's Liability. Buyer represents and covenants
that Seller shall not have any liability, obligation or responsibility of any kind with
respect to the following:
(i) The content or accuracy of any report, study, opinion or
conclusion of any soils, toxic, environmental or other agent, representative,
attorney, employee, engineer or other person or entity who has examined the
Property or any aspect thereof,
(ii) The content or accuracy of any information released to
Buyer by an engineer or planner in connection with the development of the
Property;
(iii) The availability of building or other permits or approvals
for the Property by any state or local governmental bodies with jurisdiction over
the Property;
(iv) The availability or capacity of sewer, water or other utility
connections to the Property;
(v) Any of the items delivered to Buyer pursuant to Buyer's
review of the condition of the Property; and
(vi) The content or accuracy of any other development or
construction cost, projection, financial or marketing analysis or other information
given to Buyer by Seller or reviewed by Buyer with respect to the Property.
15. LIQUIDATED DAMAGES. IF BUYER COMMITS A DEFAULT
UNDER THIS AGREEMENT, THEN IN ANY SUCH EVENT, THE ESCROW HOLDER
MAY BE INSTRUCTED BY SELLER TO CANCEL THE ESCROW AND SELLER SHALL
THEREUPON BE RELEASED FROM ITS OBLIGATIONS HEREUNDER. BUYER AND
SELLER AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXISTING,
KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY
DIFFICULT TO ESTABLISH SELLER'S DAMAGE BY REASON OF BUYER'S DEFAULT
UNDER THIS AGREEMENT. ACCORDINGLY, BUYER AND SELLER AGREE THAT IN
THE EVENT OF DEFAULT BY BUYER UNDER THIS AGREEMENT, IT WOULD BE
REASONABLE AT SUCH TIME TO AWARD SELLER, AS SELLER'S SOLE AND
EXCLUSIVE REMEDY AT LAW, "LIQUIDATED DAMAGES" EQUAL TO THE DEPOSIT.
11087-000 1 \766092v3.doc -12-
THEREFORE, IF BUYER COMMITS A DEFAULT UNDER THIS
AGREEMENT, SELLER MAY INSTRUCT THE ESCROW HOLDER TO CANCEL THE
ESCROW WHEREUPON ESCROW HOLDER SHALL IMMEDIATELY PAY OVER TO
SELLER THE LIQUIDATED DAMAGES, IF HELD BY ESCROW HOLDER, AND SELLER
SHALL BE RELIEVED FROM ALL OBLIGATIONS AND LIABILITIES HEREUNDER,
AND, PROMPTLY FOLLOWING ESCROW HOLDER'S RECEIPT OF SUCH
INSTRUCTION, ESCROW HOLDER SHALL CANCEL THE ESCROW.
NOTHING IN THIS PARAGRAPH 15 SHALL (i) PREVENT OR PRECLUDE
ANY RECOVERY OF ATTORNEYS' FEES OR OTHER COSTS INCURRED BY SELLER
PURSUANT TO PARAGRAPH 20 HEREOF OR (ii) IMPAIR OR LIMIT THE
EFFECTIVENESS OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATIONS
OF BUYER CONTAINED IN PARAGRAPHS 7(a)(i)(A) AND 23 HEREOF. SELLER AND
BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE
PROVISIONS OF THIS PARAGRAPH 15 ANDWyer'
IA IMMEDIATELY
BELOW AGREE TO BE BOUND BY ITS TER
Seller's itiaal
16. AIV R OF RIGHT TO SPECIFIC PERFORMANCE. IF SELLER
SHALL FAIL TO CONVEY THE PROPERTY TO BUYER IN ACCORDANCE WITH THE
PROVISIONS OF THIS AGREEMENT, AND SUCH FAILURE CONSTITUTES A
DEFAULT HEREUNDER, THEN BUYER SHALL BE ENTITLED TO THE RETURN OF
THE DEPOSIT AND ALL INTEREST ACCRUED THEREON WHILE IN ESCROW BUT
BUYER SHALL NOT HAVE THE RIGHT TO RECEIVE ANY EQUITABLE RELIEF,
INCLUDING, WITHOUT LIMITATION, THE RIGHT TO RECORD A LIS PENDENS
AGAINST THE PROPERTY UNDER APPLICABLE LAW, OR TO PURSUE THE SPECIFIC
PERFORMANCE OF THIS AGREEMENT, BUT SHALL HAVE THE RIGHT TO PURSUE
AN ACTION FOR DAMAGES AGAINST SELLER RELATIVE TO SUCH DEFAULT.
SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND
UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH 16 AND BY THEIR INITIALS
IMMEDIATELY BELOW AGREE TO BE BOUNDS
Seller's In' ' is Byer Iniri s
17. D�Condemnation Prior to Closinn . Seller shall promptly notify
Buyer of any casualty to the Property or any condemnation proceeding commenced prior to the
Close of Escrow. If any such damage or proceeding relates to or may result in the loss of any
material portion of the Property, Seller or Buyer may, at their option, elect either to: (i)
terminate this Agreement, in which event all funds deposited into Escrow by Buyer shall be
returned to Buyer and neither party shall have any further rights or obligations hereunder, or
(ii) continue this Agreement in effect. If Buyer and Seller continue this Agreement in effect in
the case of damage to a material portion of the Property or in the case of condemnation to a
material portion of the Property or if the casualty or condemnation affects a non -material portion
of the Property, then upon the Close of Escrow, Buyer shall be entitled to any compensation,
11087-0001\7660920.doc -13-
awards, or other payments or relief resulting from such casualty or condemnation proceeding
relating to the Property which Seller is entitled to receive or which Seller has received and there
shall be no adjustment to the Purchase Price. Notwithstanding the foregoing, in no event shall
Buyer be entitled to receive any rental loss insurance proceeds or business interruption insurance
proceeds attributable to the period prior to the Close of Escrow. For purposes hereof, the term
"material portion of the Property" shall mean any portion of the Property, the reasonable cost or
repair of which exceeds Three Hundred Thousand Dollars ($300,000.00).
18. Notices. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered or sent by registered or certified
mail, postage prepaid, return receipt requested, telegraphed, delivered or sent by telex, telecopy
or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of
delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days
after the date of posting by the United States post office, (iii) if given by telegraph or cable, when
delivered to the telegraph company with charges prepaid, or (iv) if given by telex or telecopy,
when sent. Any notice, request, demand, direction or other communication sent by cable, telex
or telecopy must be confirmed within forty-eight (48) hours by letter mailed or delivered in
accordance with the foregoing.
To Buyer: Richard and Lisa Schoenfeld
lc,
nnLAT
r A eQ
Telephone:
Telecopy:
To Seller: Executive Director
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92590-9033
Telephone: (909) 694-6444
Telecopy: (909) 694-1999
With a copy to:
Richards, Watson & Gershon
Bruce Galloway, Esq.
333 South Hope Street, 38th Floor
Los Angeles, California 90071
Telephone: (213) 626-8484
Telecopy: (213) 626-0078
To Escrow Holder: First American Title Insurance Company
3625 14th Street
Riverside, California 92501
Attn: Ms. Debra Newton
11087-000 1 \766092v3.doc -14-
Telephone: (909) 787-1700 (x2723)
Telecopy: (909) 784-7956
Notice of change of address shall be given by written notice in the manner
detailed in this Paragraph 18. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to constitute receipt of
the notice, demand, request or communication sent.
19. Brokers. The parties hereto acknowledge and agree that Seller shall not be
obligated to pay to any real estate brokerage commissions, fees or charges with respect to this
transaction. If any claims for brokers' or finders' fees for the consummation of this Agreement
arise, then Buyer hereby agrees to indemnify, save harmless and defend Seller from and against
such claims if they shall be based upon any statement or representation or agreement by Buyer,
and Seller hereby agrees to indemnify, save harmless and defend Buyer if such claims shall be
based upon any statement, representation or agreement made by Seller.
20. Le ag 1 Fees. In the event of the bringing of any action or suit by a party
hereto against another party hereunder by reason of any breach of any of the covenants or
agreements or any inaccuracies in any of the representations and warranties on the part of the
other party arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment, or out of court settlement shall be entitled to have and
recover of and from the other party all costs and expenses of suit, including actual attorneys'
fees. Any judgment or order entered in any final judgment shall contain a specific provision
providing for the recovery of all costs and expenses of suit, including actual attorneys' fees
(collectively "Costs") incurred in enforcing, perfecting and executing such judgment. For the
purposes of this paragraph, Costs shall include, without limitation, attorneys' fees, costs and
expenses incurred in the following: (i) postjudgment motions; (ii) contempt proceeding; (iii)
garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankruptcy
litigation.
21. Assignment. Buyer shall not assign, transfer or convey its rights and/or
obligations under this Agreement and/or with respect to the Property without the prior written
consent of Seller, which consent Seller may withhold in its sole, absolute and subjective
discretion. Any attempted assignment without the prior written consent of Seller shall be void
and Buyer shall be deemed in default hereunder. Any permitted assignments shall not relieve the
assigning party from its liability under this Agreement.
22. 1031 Exchange Cooperation. If Buyer desires to effect a tax -deferred
exchange pursuant to Internal Revenue Code Section 1031, then Seller shall reasonably
cooperate with Buyer in connection therewith, provided that: (i) the date for the close of Escrow
shall not be delayed; (ii) Seller shall incur no additional expense by reason of such cooperation;
and (iii) Seller shall not be required to acquire title to any property in order to effect such
exchange.
23. Miscellaneous.
11087-0001\766092v3.doc _15-
(a) Survival of Covenants. The covenants, representations and
warranties of Buyer set forth in this Agreement shall survive the recordation of the Grant
Deed and the Close of Escrow and shall not be deemed merged into the Grant Deed upon
its recordation. The covenants, representations and warranties of Seller set forth in this
Agreement shall survive the recordation of the Grant Deed and Close of Escrow for a
period of six (6) months.
(b) Required Actions of Buyer and Seller. Buyer and Seller agree to
execute such instruments and documents and to diligently undertake such actions as may
be required in order to consummate the purchase and sale herein contemplated and shall
use good faith efforts to accomplish the Close of Escrow in accordance with the
provisions hereof.
(c) Time of Essence. Time is of the essence of each and every term,
condition, obligation and provision hereof. All references herein to a particular time of
day shall be deemed to refer to Los Angeles, California time.
(d) Counteparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute one and the same instrument.
(e) Captions. Any captions to, or headings of, the paragraphs or
subparagraphs of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or determination
of the validity of this Agreement or any provision hereof.
(0 No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, nor obligate any of the parties thereto, to any person or entity
other than the parties hereto.
(g) Exhibits. The Exhibits attached hereto are hereby incorporated
herein by this reference for all purposes.
(h) Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
(i) Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
0) Applicable Law. This Agreement shall be governed by and
construed and enforced in accordance with the laws of the State of California.
(k) Entire A eement. This Agreement supersedes any prior
agreements, negotiations and communications, oral or written, and contains the entire
agreement between Buyer and Seller as to the subject matter hereof. No subsequent
11087-0001\766092v3.doc -16-
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of either party shall be of any effect unless it is
in writing and executed by the party to be bound thereby.
(1) Partial Invalidity. If any portion of this Agreement as applied to
either party or to any circumstances shall be adjudged by a court to be void or
unenforceable, such portion shall be deemed severed from this Agreement and shall in no
way effect the validity or enforceability of the remaining portions of this Agreement.
(m) Successors and Assigns. Subject to the provisions of Paragraph 21
hereof, this Agreement shall be binding upon and shall inure to the benefit of the
successors and assigns of the parties hereto.
(n) Business Days. In the event any date described in this Agreement
relative to the performance of actions hereunder by Buyer, Seller and/or Escrow Holder
falls on a Saturday, Sunday or legal holiday, such date shall be deemed postponed until
the next business day thereafter.
(o) Interpretation and Construction. The parties agree that each party
has reviewed and revised this Agreement and have had the opportunity to have their
counsel and real estate advisors review and revise this Agreement and that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party
shall not apply in the interpretation of this Agreement or any amendments or exhibits
thereto. In this Agreement the neuter gender includes the feminine and masculine, and
singular number includes the plural, and the words "person" and "party" include
corporation, partnership, firm, trust, or association where ever the context so requires.
(p) Authori . The Chairperson or the Executive Director of the Seller
(acting alone or together) are hereby directed and authorized to execute such other
documents, including without limitation, amendments to this Agreement, certificates of
acceptance, exhibits or certifications, as may be necessary or convenient to implement the
terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
SELLER:
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA
11087-000 1 \766092v3.doc -17-
By:
Jeff Comerchero, Chairperson
ATTEST:
By:
Susan W. Jones, CMC
City Clerk/Agency Clerk
Approved as to form:
Richards, Watson & Gershon,
a professional corporation,
counsel to Agency
By:
eter Thorson, Agency Counsel
11087-0001\766092v3.doc -18-
Acceptance by Escrow Holder:
First American Title Insurance Company hereby acknowledges that it has
received originally executed counterparts or a fully executed original of the foregoing Agreement
of Purchase and Sale and Joint Escrow Instructions and agrees to act as Escrow Holder
thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow
Holder.
Dated: March _, 2004 First American Title Insurance Company
By:
Debra Newton, Escrow Officer and
Authorized Agent
11087-0001\766092v3.doc -19-
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 3, AS SHOWN BY PARCEL MAP 7913, AS PER MAP RECORDED
IN BOOK 35, PAGE 63 AND 64 OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA
11087-0001\766092v3.doc E)=T "A"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
THIS GRANT DEED AND ALL
TAX STATEMENTS TO:
C/o
(Above Space for Recorder's Use Only)
GRANT DEED
The undersigned grantors declare:
Documentary transfer tax is $[2,310.00]
( ) computed on full value of property conveyed, or
(X) computed on full value, less value of liens and encumbrances
remaining at time of sale.
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, THE REDEVELOPMENT AGENCY FOR THE CITY OF TEMECULA, a
public body, corporate and politic ("Grantor"), hereby GRANTS to RICHARD and LISA
SCHOENFELD, husband and wife, the following described real property (the "Property")
located in the revised, County of Riverside, State of California:
SEE EXHIBIT "1" ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE
SUBJECT TO:
Taxes and assessments.
2. All other covenants, conditions, restrictions, reservations, rights, rights of
way, easements, encumbrances, liens and title matters whether or not of record or visible from an
inspection of the Property and all matters which an accurate survey of the Property would
disclose.
BY ACCEPTANCE HEREOF, Grantee covenants, for itself and its successors
and assigns, to refrain from restricting the sale, lease, sublease, transfer, use, occupancy, tenure
or enjoyment of the Property on the basis of race, color, creed, religion, ancestry, sex, marital
status, national origin or age of any person, nor shall Grantee establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
11087-000 1 \766092v3.doc EXHIBIT "B"
Page 1
number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property.
All deeds, leases or contracts entered into with respect to the Property shall contain or be subject
to substantially the following nondiscrimination/nonsegregation clauses:
IN DEEDS: "The grantee herein covenants by and for himself or herself, his or
her heirs, executors, administrators and assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, national origin, sex, marital status, age or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed,
nor shall the grantee himself or herself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the land herein conveyed. The foregoing covenants shall run with the land."
IN LEASES: "The lessee herein covenants by and for himself or herself, his or
her heirs, executors, administrators and assigns, and all persons claiming under or through him or
her, and this lease is made and accepted upon and subject to the following conditions: That there
be no discrimination against or segregation of any person or group of persons, on account of age,
race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing,
subleasing, transferring, use or occupancy, tenure or enjoyment of the land herein leased nor
shall the lessee himself or herself, or any person claiming under or through him or her, establish
or permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or
vendees in the land herein leased."
IN CONTRACTS: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of race, color, creed, religion, age, national origin,
sex, marital status or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the land, nor shall the transferee himself or herself or any person claiming under or
through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the land."
All covenants contained in this Grant Deed shall run with the land for the benefit
of, and shall only be enforceable by, Grantor and its successors and assigns, without regard to
whether Grantor is or remains an owner of any land or interest therein to which such covenants
relate. In the event of a breach of any covenant contained in this Grant Deed, Grantor shall have
the right to exercise any right or remedy provided herein or otherwise available at law or in
equity, to enforce the curing of such breach.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as
of the _ day of 2004.
"Grantor" Redevelopment Agency of the City of Temecula,
Executive Director
11087-000 1 \766092v3.doc EXHIBIT " $"
Page 2
ATTEST:
Secretary
"Grantee"
11087-0001\766092v3.doc EXHIBIT "B"
Page 3
Legal Description of Property
PARCEL 3, AS SHOWN BY PARCEL MAP 7913, AS PER MAP RECORDED
IN BOOK 35, PAGE 63 AND 64 OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA
11087-0001\766092v3.doc ERHIBIT °B"
Page 4
SELLER'S CERTIFICATE
To inform Richard and Lisa Schoenfeld (the "Transferee") that withholding of tax
under Section 1445 of the Internal Revenue Code of 1986, as amended ("Code") will not be
required by the Redevelopment Agency of the City of Temecula (the "Transferor") upon the
transfer of certain real property by the Transferor to the Transferee, the undersigned hereby
certifies the following on behalf of the Transferor:
1. The Transferor is not a foreign corporation, foreign partnership, foreign
trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax
Regulations promulgated thereunder); and
2. The Transferor's U.S. employer or tax (social security) identification
number is
The Transferor understands that this Certification may be disclosed to the Internal
Revenue Service by the Transferee and that any false statement contained herein could be
punished by fine, imprisonment, or both.
Under penalty of perjury I declare that I have examined this Certification and to
the best of my knowledge and belief it is true, correct and complete, and I further declare that I
have authority to sign this document on behalf of the Transferor.
Redevelopment Agency of the City of Temecula
0
Executive Director
ATTEST:
Secretary
Approved as to form:
Agency Counsel
11087-0001\766092v3.doc EXHIBIT "C"
Page 1
ASSIGNMENT OF CONTRACTS AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT OF CONTRACTS AND ASSUMPTION AGREEMENT
("Assignment'), is made as of the _ day of , 2004, by and between
Redevelopment Agency of the City of Temecula ("Assignor") and Richard and Lisa Schoenfeld,
husband and wife, (collectively, "Assignee").
W ITNESETH:
WHEREAS, Assignor and Assignee have entered into that certain Agreement of
Purchase and Sale and Joint Escrow Instructions, dated Marc 2004 ("Agreement"), for the
purchase and sale of certain real property ("Property") more particularly described in Exhibit
"A" to the Agreement.
WHEREAS, this Assignment is being made pursuant to the terms of the
Agreement for the purpose of assigning to Assignee all of Assignor's rights, title and interest in
and to those certain service and maintenance contracts described on Exhibit "A" attached hereto
(the "Contracts").
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Assignment of Contracts. Assignor, without warranty, hereby grants,
assigns, transfers, conveys and delivers to Assignee the Contracts and all of Assignor's right,
title, interest, benefits and privileges thereunder, and Assignee hereby accepts such Assignment.
2. Assumption of Obligations. By acceptance of this Assignment, Assignee
hereby assumes and agrees to perform and to be bound by all of the terms, covenants, conditions
and obligations imposed upon or assumed by Assignor under the Contracts. Said assumption
shall have application only to those obligations under the Contracts first accruing or arising on or
after the delivery of this Assignment and shall have no application to obligations accruing or
arising prior to said date.
3. Successors and Assigns. This Assignment shall be binding upon and inure
to the benefit of the successors, assigns, personal representatives, heirs and legatees of the
respective parties hereto.
4. Attorneys' Fees. In the event of the bringing of any action or suit by a
party hereto against another party hereunder by reason of any breach of any of the covenants,
conditions, agreements or provisions on the part of the other party arising out of this Assignment,
then in that event the prevailing party shall be entitled to have and recover of and from the other
party all costs and expenses of the action or suit, including reasonable attorneys' fees.
5. Governing Law. This Assignment shall be governed by, interpreted
under, and construed and enforceable with, the laws of the State of California.
11087-0001\766092v3.doc E)=IT "D"
Page 1
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of
the date first hereinabove written.
"Assignor" Redevelopment Agency of the City of Temecula
Approved as to form:
Agency Counsel
By:
Chairman
ATTEST:
Secretary
"Assignee"
[Attach Schedule of Contracts]
11087-0001\766092v3.doc EXHIBIT " M
Page 2
BILL OF SALE
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, Redevelopment Agency of the City of Temecula ("Seller"), does hereby give
grant, bargain, sell, transfer and deliver unto Richard and Lisa Schoenfeld, husband and wife
(collectively "Buyer") all of that certain personal property listed on the attached Exhibit "A" (the
"Personal Property") which is owned by Seller and is located on and used in connection with the
real property more particularly described on Exhibit `B" attached hereto, which is being
conveyed to Buyer on or about of even date herewith. The Personal Property is hereby acquired
by Buyer "as -is" without any representation or warranty of any kind or nature of Seller, express,
implied or statutory, as to the nature of or title to the Personal Property or its fitness for Buyer's
intended use of same.
EXECUTED this of 2004
"Seller" Redevelopment Agency of the City of Temecula
By:
Chairman
ATTEST:
Secretary
[Attach Personal Property Description and Real Property Description]
11087-0001\766092v3.doc EXHIBIT `B"
Page 1
IDENTIFICATION OF TOXIC REPORTS
:Nib''
ADM
>Q 'w
F,
$ ; s�
."
FO
40F"
Site Closure Request —
Harrison/Roberts
10/07/03
Norm Reeves
Riverside County
Supplement
Environmental
Supergroup
Department of
Management
Environmental Health &
San Diego Regional
Water Quality Control
Board
Site Closure Request
Harrison/Roberts
08/10/03
Norm Reeves
Riverside County
Environmental
Supergroup
Department of
Management
Environmental Health &
San Diego Regional
Water Quality Control
Board
Site Assessment Report
Harrison/Roberts
06/23/03
Norm Reeves
Riverside County
Environmental
Supergroup
Department of
Management
Environmental Health &
San Diego Regional
Water Quality Control
Board
Hydrocarbon Impacted
Robert Blankenship
04/14/03
Kelly Winters
Kelly Winters
Groundwater Workplan
Harrison/Roberts
Riverside
Riverside County Dept
for Additional Site
Environmental
County Dept of
of Environmental Health
Assessment/Verification
Management
Environmental
Borings
Health
Hydrocarbon Impacted
Robert Blankenship
11/13/02
Kelly Winters
Kelly Winters
Groundwater
Harrison/Roberts
Riverside
Riverside County
Hydrocarbon Mass Data
Environmental
County
Department of
Management
Department of
Environmental Health
Environmental
Health
Soil Confirmation
Harrison/Roberts
07/15/02
Norm Reeves
Riverside County
Boring Report -
Environmental
Supergooup
Department of
Groundwater Sampling
Management
Environmental Health &
Report
San Diego Regional
Water Quality Control
Board
Soil Confirmation
Robert Blankenship
06/07/02
Dick Kennedy
Dick Kennedy
Borings
Harrison/Roberts
General Manager
General Manager
Environmental
Norm Reeves
Norm Reeves
Management
Supergroup
Supergroup
Groundwater Treatment
Harrison/Roberts
12/20/01
Riverside
Riverside County
Report— Quarterly
Environmental
County
Department of
Groundwater
Management
Department of
Environmental Health &
Monitoring Report
Environmental
San Diego Regional
Fourth Quarter 2001
Health
Water Quality Control
Board
11087-0001\766092v3.doe EYMIT "F"
Page 1
NAME4F_4EF,Q9T
AUTHOR
DATE
P PARED .tVxR1
IT+TT ?NOR . ,
F45R=
UIM�„OF,
Groundwater Treatment
Hanison/Roberts
09/25/01
Riverside
Riverside County
Report — Quarterly
Environmental
County
Department of
Groundwater
Management
Department of
Environmental Health
Monitoring Report
Environmental
Third Quarter 2001
Health
Groundwater Treatment
Harrison/Roberts
06/07/01
Riverside County
Report —Quarterly
Environmental
Department of
Groundwater
Management
Environmental Health &
Monitoring Report
San Diego Regional
Second Quarter 2001
Water Quality Control
Board
Groundwater Treatment
Harrison/Roberts
04/19/00
Riverside
Report — Quarterly
Environmental
County
Groundwater
Management
Department of
Monitoring Report
Environmental
First Quarter 2000
Health
Groundwater Pilot
Harrison/Roberts
03/11/99
Norm Reeves
Testing Report — Former
Environmental
Supergroup
Honda of Temecula
Management
Groundwater Sampling
Harrison/Roberts
06/30/98
Norm Reeves
Riverside County
Report
Environmental
Supergroup
Department of
Second Quarter 1998
Management
Environmental Health
Groundwater Sampling
Harrison/Roberts
12/30/97
Norm Reeves
Riverside County
Report
Environmental
Supergroup
Department of
Second Quarter 1998
Management
Environmental Health
Site Assessment Report
Harrison/Roberts
10/07/97
Norm Reeves
Mr. Marc Brown
Environmental
Supergroup
Hazardous Materials
Management
Specialist Riverside
County Department of
Health
Site Assessment
Harrison/Roberts
07/09/97
Norm Reeves
Mr. Marc Brown
Workplan
Environmental
Supergroup
Hazardous Materials
Management
Specialist Riverside
County Department of
Health
Site Assessment Report
Harrison/Roberts
04/17/97
Norm Reeves
Mr. Marc Brown
Environmental
Supergroup
Hazardous Materials
Management
Specialist Riverside
County Department of
Health
Site Assessment
Harrison/Roberts
02/05/97
Norm Reeves
Mr. Marc Brown
Workplan
Environmental
Supergroup
Hazardous Materials
Management
Specialist Riverside
County Department of
Health
Site Assessment Report
Harrison/Roberts
11/28/96
Norm Reeves
Mr. Marc Brown
Environmental
Supergroup
Hazardous Materials
Management
Specialist Riverside
County Department of
Health
11087-0001\766092v3.doc EXHIBIT'T'
Page 2
Site Assessment Harrison/Robe
Workplan Environmental
Management
CORRESPONDENCE
Norm Reeves
Supergroup
Mr. Marc Brown
Hazardous Materials
Specialist Riverside
County Department of
Health
-'w�ir
..+ve.•i..�sh"� k �`
�£.S:
Robert Blankenship
� S i-'fi+a�:L2.
Site ClosureRequestStatus and invoices.
02/16/04
Dick Kennedy
Harrison/Roberts
Environmental
Management
12/01/03
Dick Kennedy
Kelly Winters
Discussed case with San Diego Regional
County of Riverside
Water Quality Control Board — Case will
Community Health
be presented for closure to the local
Agency Department of
oversight program on January 13, 2004.
Environmental Health
09/03/03
Dick Kennedy
Kelly Winters
Reviewed the Site Closure Report of
County of Riverside
August 10, 2003 — needs additional
Community Health
information to process.
Agency Department of
Environmental Health
07/21/03
Jim O'Grady
Kelly Winters
HMMD evaluating the subject site for
County of Riverside
closure and awaiting a final closure report.
Community Health
Agency Department of
Environmental Health
07/08/03
Dick Kennedy
Kelly Winters
HMMD Updated Closure Requirements
County of Riverside
6/1/03
Community Health
Agency Department of
Environmental Health
05/08/03
Dick Kennedy
Kelly Winters
Reviewed Workplan for Additional Site
County of Riverside
Assessment/Verification and found
Community Health
acceptable with some stipulations.
Agency Department of
Environmental Health
04/14/03
Kelly Winters
Robert Blankenship
Letter of Summary of work proposed on
County of Riverside
Harrison/Roberts
hydrocarbon impacted groundwater.
Community Health
Environmental
Agency Department of
Management
Environmental Health
11/13/02
Kelly Winters
Robert Blankenship
Letter regarding Hydrocarbon impacted
County of Riverside
Harrison/Roberts
groundwater at 27500 Jefferson in response
Community Health
Environmental
to Sept 16 correspondence to calculate the
Agency Department of
Management
hydrocarbon mass and clean up level,
Environmental Health
09/16/02
Dick Kennedy
Kelly Winters
Letter regarding Underground Storage
County of Riverside
Tank UST Clean-up review of Soil
Community Health
Confirmation Boring Report/Groundwater
Agency Department of
Sampling Report of July 15, 2002.
Environmental Health
11087-0001\766092v3.doc EXHIBIT' '
Page 3
Robert Blankenship
Letter regarding Hydrocarbon impacted
06/07/02
Dick Kennedy
Harrison/Roberts
groundwater at 27500 Jefferson. Points to
Environmental
review.
Management
06/07/02
Dick Kennedy
Robert Blankenship
Soil confirmation borings in accordance
Harrison/Roberts
with work plan of April 8, 2002.
Environmental
Management
06/07/02
Dick Kennedy
Robert Blankenship
Hydrocarbon Impacted Groundwater
Norm Reeves Supergroup
Harrison/Roberts
Updates on recent developments — RCDEH
Environmental
Management
05/31/02
Dick Kennedy
Kelly Winters
Letter regarding underground storage tank
County of Riverside
UST clean-up with stipulations to April 8,
Community Health
2002 work plan.
Agency Department of
Environmental Health
06/11/01
Dick Kennedy
Robert Blankenship
Analyzed water samples with EPA method
Harrison/Roberts
8260 for third quarter July 2001
Environmental
Management
04/13/O1
Dick Kennedy
Robert Blankenship
Summary of activities and future actions
Harrison/Roberts
Environmental
Management
12/01/00
Dick Kennedy
Robert Blankenship
Summary of the groundwater treatment
Harrison/Roberts
project for month of November 2000 and
Environmental
items of interest
Management
11/08/00
Dick Kennedy
Robert Blankenship
Summary of the groundwater treatment
Harrison/Roberts
project for month of October 2000 and
Environmental
items of interest
Management
08/31/00
Glen Hams
Shawn Nelson
City knows of contamination and
Small Business
acknowledges responsibility.
Administration
04/25/00
RDA Agenda Report
John Meyer
Environmental Indemnification and
Remediation Agreement for sale of
Property to Richardson Real Estate, LLC
04/17/00
Dick Kennedy
Bob Blankenship
Fax - Site drawing and lab results from 1"
Norm Reeves Supergroup
Harrison/Roberts
quarter 2000.
Environmental
Management
12/21/99
Dick Kennedy
Bob Blankenship
Cleanup and abatement order of the
General Manager
Harrison/Roberts
RWQCB, dated December 13, 1999
Norm Reeves Supergroup
Environmental
Projected Schedule
Management
O8/05/99
Dick Kennedy
Robert Blankeuship
Summary of Costs to date and projects
Harrison/Roberts
costs to complete the project.
Environmental
Management
11087-0001\766092v3.doc EXHIBIT "F"
Page 4
k
08/05/99
Responsible Party
County of Riverside
Revised Local Oversight Program
Corrective action Guidelines for
underground storage tank cleanups in
Riverside County.
07/26/99
John Anderson - SD
Robert Blankenship
Proposal for the remediation of
Regional Water Quality
Harrison/Roberts
hydrocarbon impacted groundwater.
Control Board
Environmental
Management
07/22/99
Dori Malloy — Hazardous
Robert Blankenship
Summary of factors that they feel should
Materials Specialist —
Harrison/Roberts
allow treated groundwater to recharge the
Riverside County Dept of
Environmental
aquifer from which it is drawn
Environmental Health
Management
07/07/99
Corey Walsh
Robert Blankenship
Reasons for request to allow the treated
San Diego Regional
Harrison/Roberts
water to recharge the aquifer from which it
Water Quality Control
Environmental
is drawn
Board
Management
06/30/99
Dick Kennedy
Robert Blankenship
Follow up on phone conversation and
Harrison/Roberts
provide relevant documentation on the
Environmental
developments surrounding the property
Management
06/10/99
Dick Kennedy
Dori Malloy
Accepting Groundwater Pilot Testing
Report of March 11, 1999
O1/21/99
Preliminary Findings — Groundwater Pilot
Testing.
O1/13/99
Dick Kennedy
Robert Blankenship
Invoice for $33,994.76 and pump test
Harrison/Roberts
report
Environmental
Management
12/15/98
Dick Kennedy
Dori Malloy
Acknowledge receipt of Groundwater
Monitoring Well Installation and Pumping
Test Work plan of 11/16/98. Acceptance
with some stipulations.
03/18/97
Dick Kennedy
Don Hillberg
Attached invoice received from the State
General Manager
Management Assistant
Water Resources Control Board
Norm Reeves Supergroup
10/21/96
Dick Kennedy
Don Hillberg
Attached invoice received from the State
General Manager
Management Assistant
Water Resources Control Board
Norm Reeves Supergroup
06/03/96
Mary Jane McLarney
Don Hillberg
Memo - Jefferson Property Underground
Assistant City Manager
Tanks — Remaining item left open was the
City of Temecula
type on monitoring devises that was
needed.
05/28/96
Marc Brown
Dick Kennedy
Refer to May 9 Letter and retaining
Hazardous Materials
Norm Reeves Super
services of Thomas Fesseden
Specialist
Group
County of Riverside
05/09/96
Marc Brown
Dick Kennedy
Refer January 29, 1995 letter and how to
Hazardous Materials
Norm Reeves Super
address correspondence
Specialist
Group
County of Riverside
Department of
Environmental Health
11087-0001\766092v3.doe EXHIBIT "F"
Page 5
Marc Brown
Underground Storage Tank Cleanup
01/29/96
Donna L. Reeves
D.L. Reeves Inc.
Hazardous Materials
Riverside Dept of Environmental Health
Specialist
has entered into an agreement with the
County of Riverside
State of California Water Resources
Department of
Control Board to oversee cleanup.
Environmental Health
O1/25/96
Donna L. Reeves
State Water Resources
Notice of Requirement to Reimburse
D.L. Reeves Inc.
Control Board Division
of Clean Water
Programs
11/06/95
Mary lane McLamey
Dick Kennedy
Request for assistance from the City to
Assistant City Manager
Norm Reeves
reduce the penalty to a lower level
City of Temecula
Supergroup
11/06/95
Mary Jane McLamey
Dick Kennedy / Ron
Memo regarding use of s7500 Jefferson
Assistant City Manager
Bradley
Facility — acknowledging that Norm
City of Temecula
Reeves is authorized to lease property.
11/06/95
Mary Jane McLarney
Dick Kennedy
Letter - Today we awarded the bid to have
Assistant City Manager
Norm Reeves Super
tanks removed.
City of Temecula
Group
10/11/95
City of Temecula
John M. Fanning,
Delinquent Account —Notice of 100%
Honda of Temecula
Director
penalty assessed
County of Riverside
Department of
Environmental Health
10/02/95
Underground Storage Tank Official
Inspection Report
08/24/95
Mary Jane McLamey
Dick Kennedy
Letter confuming that Norm Reeves wants
Assistant City Manager
Norm Reeves
to continue their lease for another year.
City of Temecula
Suvergroun
07/28/95
Environmental Health Permit for both
Storage Tanks
07/19/95
Dick Kennedy
Genie Roberts
Health Permit for Underground Tanks —
Honda of Temecula
Director of Finance
Forwarding the invoice from the County
07/10/95
City of Temecula
John M. Fanning,
Permit costs and penalties.
Honde of Temecula
Director
County of Riverside
Department of
Environmental Health
07/10/95
Underground Storage Tank Permit
Application 500 gal
07/10/95
Underground Storage Tank Permit
Application 10,000 al
05/24/95
Dick Kennedy
K. C. Neer
Permits he received are not valid because
Norm Reeves
Management Assistant
they were filed with the incorrect Property
City of Temecula
Owner and Tank Owner information
05/22/95
Mr. John Frey
Scott F. Field of Burke,
Preliminary environmental site assessment
GEO Technical &
Williams & Sorensen
to the City of Temecula
Environmental
05/19/95
K. C. Neer
Scott F. Field of Burke,
Letter — Only has in his files the
Redevelopment Agency
Williams and Sorensen
Environmental Assessment Report of GEE,
and not the Supplemental Report
05/19/95
Scott Field
K. C. Neer
Dool Property and Honda Property
Burke, Williams and
Redevelopment Agency
Enclosing lease agreement and
Sorensen
L
amendments for the Honda
11087-0001\766092v3.doc EXHIBIT "F"
Page 6
05/19/95
Dick Kennedy
K. C. Neer
Request to send in copies of the monthly
Norm Reeves Honda
Management Assistant
reports completed by your Statistical
Inventory Reconciliation company.
029195
Donna L. Reeves
Marc Brown
Underground Storage Tank Cleanup
D.L. Reeves Inc.
Hazardous Materials
Notification of "unauthorized release".
Specialist
County of Riverside
Department of
Environmental Health
O1/24/95
Genie Roberts
Luci Romero
Memo outlining Ms. Romero's involvement
Interim Finance Officer
Financial Services
in the Honda Site Project— includes
City of Temecula
Administrator
Supplement to Report of Findings from
City of Temecula
Geotechnical & Environmental Engineers,
Inc.
O1/25/94
Underground Storage Tank Ownership
Transfer Form
03/01/ 33
County of Riverside Health Services
Agency Department of Environmental
Health Closure by Removal and
Underground Storage Tank Temporary
Closure
08/O1/92
UST Statistical Inventory Reconciliation
(SIR) Methods and Underground Storage
Tank Removal Contractors
11087-0001\766092v3.doc EYMIT' F"
Page 7
ITEM 17
APPROV
CITY ATTORNEY
DIRECTOR OF FII
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City o cll
FROM: Debbie Ubnoske, Director of Planning
DATE: April 13, 2004
SUBJECT: De Portola Road Planned Development Overlay (PA03-0721)
RECOMMENDATION: The Planning Commission recommends that the City Council:
Adopt a Resolution entitled:
RESOLUTION NO.04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A NEGATIVE DECLARATION
FOR A GENERAL PLAN AMENDMENT, OFFICIAL ZONING
MAP AMENDMENT, AND AMENDMENTS TO THE
OFFICIAL ZONING MAP AND MUNICIPAL CODE
ADOPTING THE DE PORTOLA ROAD PLANNED
DEVELOPMENT OVERLAY ZONING DISTRICT (PLANNING
APPLICATION 03-0721)
2. Adopt a Resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE GENERAL PLAN
AMENDMENT FOR PROPERTY LOCATED WEST OF THE
INTERSECTION OF DE PORTOLA AND MARGARITA
ROADS (PLANNING APPLICATION 03-0721)
3. Introduce and read by title only an Ordinance entitled:
ORDINANCE NO. 04-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP AND
MUNICIPAL CODE TO INCORPORATE THE DE PORTOLA
ROAD PLANNED DEVELOPMENT OVERLAY ZONING
DISTRICT (PLANNING APPLICATION NO. 03-0721)
BACKGROUND: On November 20, 2002, the Planning Commission recommended denial
of Valley Christian Fellowship's request to change the General Plan and Zoning designations
from Very Low Density Residential to Professional Office at the southwest corner of De Portola
and Margarita Roads. On January 14, 2003, the City Council considered the Commission's
recommendation and directed staff to forward the applicant's request to the General Plan
Community Advisory Committee (CAC) for their recommendation.
On April 29, 2003, the CAC considered this proposal and expanded their discussion to examine
the "big picture" in the Margarita and De Portola area. The CAC recommended that the General
Plan Land Use Designation for the six parcels at the southwest corner of De Portola and
Margarita Roads be changed from Very Low Density Residential to Professional Office. In
addition, half the CAC felt that the two parcels at the northwest corner of De Portola and
Margarita Roads should also be included. The Community Advisory Committee also
recommended that the City consider the adoption of a Planned Development Overlay zoning
district, because additional site specific standards could be developed to further protect the
surrounding area.
This recommendation was presented to the City Council at the June 24, 2003 City Council
meeting. At that meeting, the City Council directed that the Planning Commission evaluate a
General Plan Amendment (GPA) and Planned Development Overlay (PDO) on all eight parcels.
Following this meeting, staff began the process of working with a representative of the Los
Ranchitos Homeowners Association to identify and retain land uses that would support the
future hospital/medical facility while removing intrusive commercial businesses with the potential
to create noise or odor problems. In developing the PDO, staff started with the least intensive
commercial zone (Professional Office) and removed virtually all the non -office commercial uses.
Examples of the land uses that were removed include service stations, day care centers,
restaurants, conference facilities, and affordable housing projects.
The De Portola Road Planned Development Overlay zoning requirements, in addition to
restricting the potential land uses, also contained supplemental standards to further minimize
the potential impacts to the adjacent residential uses. Examples of these supplemental
requirements include:
• Additional building setbacks and perimeter landscape requirements adjacent to
residentially zoned properties.
• Reduced building heights and restrictions on architecture adjacent to residentially zoned
property.
• Restrictions on security and parking lot lighting adjacent to residentially zoned
properties.
• Requirements to maintain stream channel edge vegetation north of De Portola Road.
A copy of the text of the De Portola Road Planned Development Overlay is contained in
Attachment No. 4.
Prior to the Planning Commission's consideration, staff received a letter from the Los Ranchitos
Home Owners Association (HOA) reluctantly supporting the proposal. While the HOA sees the
need for and support the future hospital project, they have additional concerns that they would
like to the City to address as development proceeds in this area. The additional
concerns/requests of the HOA include: the need to discourage additional traffic on and access
to De Portola Road, the need to require landscape berms and larger trees adjacent to
residential uses, and the HOA's desire to ensure the continuation of an equestrian trail across
this area to connect to trail along De Portola Road through the Paloma del Sol Specific Plan and
maintain a rural street design for De Portola Road. The first two items have been addressed
within the PDO in Section 17.22.198.B.1 and 3. The trail continuation is already addressed in
the previously adopted Citywide Master Trails Plan. A modified roadway standard for De
Portola Road is best addressed through the ongoing General Plan Update. A copy of the Los
Ranchitos Home Owners Association letter is contained in Attachment No. 8. A detailed
analysis of the Association's comments is contained in the Planning Commission Staff Report
that is contained in Attachment No. 6.
Immediately before the Planning Commission hearing, staff received a letter from Sean
Malekzadeh. Mr. Malekzadeh is the owner of property located at the south of Pio Pico Road
and west of Margarita Road immediately north of the two properties north of De Portola Road.
Mr. Malekzadeh requested that the city include his property in the PDO. According to Mr.
Malekzadeh, he is currently working on a lot line adjustment with the neighboring property to
exchange the portion of his lot north of drainage channel for the neighbor's portion of their lot
south of the drainage channel. A copy of his letter is contained in Attachment No. 9.
The Planning Commission considered this item on February 18, 2004. At the hearing the
Commission considered the public testimony, and recommended that following changes to the
City Council:
1. To exclude the two parcels at the northwest corner of De Portola and Margarita
Roads from the proposed PDO.
2. To not include Mr. Malekzadeh's property into the PDO.
3. To increase the rear yard setback adjacent to any residentially zoned property from
25 feet to 30 feet.
4. Prohibit future trash enclosures in the supplemental landscape areas adjacent to
residentially zoned property.
The motion was approved by the Commission with a 4 to1 vote. Commissioner Ohlasso was in
opposition to the proposal because of the non-residential land uses and the potential traffic that
would be generated by a future hospital. A copy of the draft Planning Commission Minutes are
contained in Attachment No. 7. Following the Commission meeting, the owners of the two
properties at the northwest corner of De Portola and Margarita Roads submitted a letter
requesting that the City Council retain their parcels with the proposed PDO. A copy of their
letter is contained in Attachment No. 10.
If the City Council accepts the Planning Commission's recommendation to not include any
properties north of De Portola Road, staff recommends that the text of the Planned
Development Overlay be modified to remove Footnote 2 from Table 17.22.198 and the second
sentence from Subsection 17.22.198.B.6. These items are no longer needed if the parcels
north of De Portola Road are not included within the De Portola Road Planned Development
Overlay Zoning District.
The Initial Environmental Study for this project identified no potentially significant impacts and a
Negative Declaration was prepared. Issues related to Traffic/Circulation and Hazards were
identified with a "Less Than Significant Impact" because the anticipated daily vehicle trips along
the adjacent arterial roadways will not fall below the General Plan target of Level of Service "D".
The public review period for the Negative Declaration was from February 2, 2004 to February
22, 2004. No written comments or verbal testimony raising new issues or providing additional
information have been received. A copy of the Initial Environmental Study in contained in
The Initial Environmental Study for this project identified no potentially significant impacts and a
Negative Declaration was prepared. Issues related to Traffic/Circulation and Hazards were
identified with a "Less Than Significant Impact' because the anticipated daily vehicle trips along
the adjacent arterial roadways will not fall below the General Plan target of Level of Service "D".
The public review period for the Negative Declaration was from February 2, 2004 to February
22, 2004. No written comments or verbal testimony raising new issues or providing additional
information have been received. A copy of the Initial Environmental Study in contained in
Attachment No. 11.
If the City Council desires to include the property owned by Mr. Malekzadeh into the PDO, staff
believes that the inclusion of this property into the Project will not affect the validity of the
analysis or the conclusions. As a result, the Planning Commission recommends that the City
Council approve a Negative Declaration for the General Plan Amendment, Zoning Map
Amendment, and the De Portola Road Planned Development Overlay Zoning District.
FISCAL IMPACT: There will be no direct fiscal impacts as a result of these actions.
ATTACHMENTS:
1. Proposed Resolution Approving the Negative Declaration
2. Proposed Resolution Approving the General Plan Amendment
3. Proposed Ordinance
4. Proposed De Portola Road Planned Development Overlay District text
5. Planning Commission Resolution
6. Planning Commission Staff Report
7. Planning Commission Minutes
8. Original HOA Letter
9. Letter from Sean Malekzadeh
10. Additional Correspondence
11. Initial Environmental Study
12. Exhibits
RAP D 0\2003\De Portola Road PDO\Staff Report CCt.doc
ATTACHMENT NO. 1
PROPOSED RESOLUTION APPROVING THE NEGATIVE DECLARATION
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A NEGATIVE DECLARATION FOR A
GENERAL PLAN AMENDMENT, OFFICIAL ZONING MAP
AMENDMENT, AND AMENDMENTS TO THE OFFICIAL
ZONING MAP AND MUNICIPAL CODE ADOPTING THE DE
PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY
ZONING DISTRICT (PLANNING APPLICATION 03-0721)
WHEREAS, Valley Christian Fellowship originally submitted an application for a General
Plan Land Use and Zoning Map Amendment ("Application") on May 20, 2002; and
WHEREAS, this Application was considered by the Planning Commission and City
Council before being sent to the Community Advisory Committee for a recommendation; and
WHEREAS, the Community Advisory Committee provided a recommendation to the City
Council that the Council considered on January 14, 2003. At this time the City Council accepted
the Committee's recommendation and sent the Project back to the Planning Commission for
review and consideration; and
WHEREAS, staff prepared a project consisting of a General Plan Amendment, Zoning
Map Amendment, and Planned Development Overlay ("Project") based upon the direction
provided by the City Council; and
WHEREAS, the City prepared an Initial Environmental Study for the Project that
indicated no unmitigatable impacts on the environment. The Notice of Intent to approve a
negative declaration and Initial Environmental Study were circulated for pubic review and
comment as required by State Law. No substantial comments were received during the
comment period or at the public hearing; and
WHEREAS, the Planning Commission held duly noticed public hearing on February 18,
2004, and recommended that the City Council approve a negative declaration for the Project;
and
WHEREAS, the City Council has held a duly noticed public hearing on April 13, 2004
and considered the proposed Project and its impacts; and
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES
HEREBY RESOLVE AND DETERMINE THAT THERE WILL BE NO SIGNIFICANT
ENVIRONMENTAL EFFECT FROM THIS PROJECT, THAT THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLIED WITH, AND THAT
A NEGATIVE DECLARATION IS HEREBY APPROVED FOR PLANNING APPLICATION 03-
0721.
PASSED, APPROVED AND ADOPTED this _th day of 2004.
Michael S. Naggar, Mayor
ATTEST:
Susan Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof, held on the day of
, 2004 by the following vote of the Council:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan Jones, CMC, City Clerk
ATTACHMENT NO.2
PROPOSED RESOLUTION APPROVING THE GENERAL PLAN AMENDMENT
RESOLUTION NO.2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A GENERAL PLAN AMENDMENT
FOR PROPERTY LOCATED WEST OF THE INTERSECTION
OF DE PORTOLA AND MARGARITA ROADS (PLANNING
APPLICATION 03-0721)
WHEREAS, Valley Christian Fellowship originally submitted an application for a General
Plan Land Use and Zoning Map Amendment ("Application") on May 20, 2002; and
WHEREAS, this Application was considered by the Planning Commission and City
Council before being sent to the Community Advisory Committee for a recommendation; and
WHEREAS, the Community Advisory Committee provided a recommendation to the City
Council that the Council considered on January 14, 2003. At this time the City Council accepted
the Committee's recommendation and sent the project back to the Planning Commission for
review and consideration; and
WHEREAS, the Planning Commission held duly noticed public hearing on February 18,
2004, and recommended that the City Council approve the attached amendment to the General
Plan Land Use Map; and
WHEREAS, the City Council has held a duly noticed public hearing on April 13, 2004 to
consider the proposed General Plan Amendment; and
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF TEMECULA DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. Amendments to the General Plan Land Use Mao. The City Council
hereby amends the General Plan Land Use Map for the City of Temecula for the properties
identified as APN's 959-050-007 and 008, and 959-080-002, 003, 004 and 005, from Very Low
Density Residential to Professional Office.
Section 2. CEQA Compliance. The City Council has duly considered and approved
a Negative Declaration fort his project in accordance with the requirements of the C alifornia
Environmental Quality Act.
Section 3. Severability. The City Council hereby declares that the provisions of this
Resolution are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect
the validity of the remaining parts of this Resolution.
Section 4. The City Clerk shall certify the adoption of this Resolution.
Section 5. PASSED, APPROVED AND ADOPTED this _th day of
2004.
Michael S. Naggar, Mayor
ATTEST:
Susan Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof, held on the day of
, 2004 by the following vote of the Council:
AYES: 0 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan Jones, CMC, City Clerk
ATTACHMENT NO. 3
7�II�I�Tie]4
ORDINANCE NO. 04-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP AND
MUNICIPAL CODE TO INCORPORATE THE DE PORTOLA
ROAD PLANNED DEVELOPMENT OVERLAY ZONING
DISTRICT (PLANNING APPLICATION NO. 03-0721)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendments to the Official Zoning Map. The City Council hereby amends
the Official Zoning Map for the City of Temecula, for property identified with Assessor Parcel
Numbers 959-050-007 and 008, and 959-080-002, 003, 004 and 005, from Very Low Density
Residential to Planned Development Overlay No. 8.
Section 2. Municipal Code Amendment. The City Council hereby amends the
Municipal Code for the City of Temecula by adding Sections 17.22.190 through 198, the De
Portola Road Planned Development Overlay Zoning District, as contained in Exhibit A of this
Ordinance.
Section 3. CEQA Compliance. The City Council has duly considered and approved
a N egative D eclaration for t his p roject i n a ccordance w ith t he r equirements o f the C alifornia
Environmental Quality Act.
Section 4. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 5. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 6. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 7. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
this day of , 2004.
Michael S. Naggar, 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 the foregoing Ordinance No. 04- was duly introduced and placed upon its first reading
at a regular meeting of the City Council on the _ day of , 2004, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council of the
City of Temecula on the. day of , 2004 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
ATTACHMENT NO.4
PROPOSED PLANNED DEVELOPMENT OVERLAY TEXT
DE PORTOLA ROAD PLANNED DEVELOPMENT OVERLAY DISTRICT
17.22.190 TITLE
Sections 17.22.190 through 17.22.198 s hall be known as "PDO-8" (DePortola Road Planned
Development Overlay District).
17.22.192 PURPOSE AND INTENT
The DePortola Road Planned Development Overlay District (PDO-8) is intended to provide
regulations for the safe and efficient operation, and creative design of a unique commercial -
residential transitional area within the city. This special overlay zoning district regulation is intended
to permit a range of office and medical uses while protecting the quality of life in the adjacent large
lot residential community. Supplemental performance standards have also been provided to ensure
compatibility with the adjacent neighborhoods and to protect adjoining uses from excessive noise
and other potentially objectionable impacts.
17.22.194 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN
GUIDELINES
A. The list of permitted, conditionally permitted, and prohibited uses for the De Portola Road
Planned Development Overlay District is contained in Table 17.22.196.
B. Except as modified by the provisions of Section 17.22.198, the following rules and
regulations shall apply to all planning applications in this area.
The citywide Design Guidelines that are in effect at the time an application is
deemed complete.
2. The approval requirements contained in the Development Code that are in effect at
the time an application is deemed complete.
3. Any other relevant rule, regulation or standard that is in effect at the time an
application is deemed complete.
17.22.196 USE REGULATIONS
The list of permitted land uses for the De Portola Road Planned Development Overlay district is
contained in Table 17.22.196. Where indicated with a 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 zone.
RAP D O\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
A
Adult business -subject to Chapter 5.08 of the Temecula Municipal Code
Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.)
Aerobic/dance/gymnastic/jazzercise/martial art studios (greater than 5,000 sq. ft.)
Affordable Housing'
Airports
Alcoholism or drug treatment facilities
C
Alcohol and drug treatment (outpatient)
C
Ambulance services
Animal hospital/shelter
_
Antique restoration
_
Antique sales
_
Apparel and accessory shops
_
Appliance sales and repairs (household and small appliances)
-
Arcades (pinball and video games)'
Art supply stores
Auction houses
Auditoriums and conference facilities
Automobile dealers (new and used)'
Automobile sales (brokerage) -showroom only (new and used) -no outdoor display
-
Automobile repair services
_
Automobile rental
_
Automobile painting and body shop
-
Automobile salvage yards/impound yards
-
Automobile service stations with or without an automated car wash'
Automotive oil change/lube services with no major repairs
Automotive parts -sales
Automotive service stations selling beer and/or wine -with or without an automated
car wash
B
Bakery goods distribution
Bakery retail
RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
Bakery wholesale
Banks and financial institutions, without drive thru facilities
P
Banks and financial institutions, with only drive thru ATM facilities
C
Banks and financial institutions, with drive thru teller facilities
Barber and beauty shops
Bed and breakfast
Bicycle (sales, rentals, services)
Billiard parlor/pool hall
Binding of books and similar publications
Blood bank
Blueprint and duplicating and copy services
Bookstores (specialty, 5,000sq. ft. or less)
P
Bowling alley
Building material sales (with exterior storage/sales areas greater than 50 percent of
total sales area)
Building material sales (with exterior storage/sales areas less than 50 percent of
total sales area)
Butcher shop
C
Cabinet shop
_
Cabinet shops under 20,000 sq. ft.-no outdoor storage
-
Camera shop (sales/minor repairs)
-
Candy/confectionery sales
_
Car wash, full service
_
Carpet and rug cleaning
-
Catering services
-
Clothing sales
-
Coins, purchase and sales
-
Cold storage facilities
-
Communications and microwave installations2
-
Communications equipment sales
-
Community care facilities
P
Computer sales and service
P
R:\P D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
Congregate care housing for the elderly'.",s
p
Construction equipment sales, service or rental
-
Contractor's equipment, sales, service or rental
-
Convenience market
-
Costume rentals
-
Crematoriums
-
Cutlery
-
D
Data processing equipment and systems
-
Day care centers6
C
Discount/department store
Distribution facility
Drug store/pharmacy (no drive through, 5,000 sq. ft. or less)
P
Dry cleaners
C
Dry cleaning plant
-
E
Emergency shelters
-
Equipment sales and rentals (no outdoor storage)
-
Equipment sales and rentals (outdoor storage)
-
F
Feed and grain sales
-
Financial, insurance, real estate offices
P
Floor covering sales
Florist shop
P
Food processing
-
Fortune telling, spiritualism, or similar activity
-
Freight terminals
-
Fuel storage and distribution
-
Funeral parlors, mortuary
-
Furniture sales
-
Furniture transfer and storage
-
RAP 0 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
G
Garden supplies and equipment sales and service
-
Gas distribution, meter and control station
-
General merchandise/retail store less than 10,000 sq. ft.
-
Glass and mirrors, retail sales
_
Governmental offices
p
Grocery store, retail
_
Grocery store, wholesale
_
Guns and firearm sales
-
H
Hardware stores
_
Health and exercise clubs (5,000 sq. ft. or less)
-
Health and exercise clubs (greater than 5,000 sq. ft.)
-
Health food store
_
Health care facility
p
Heliports
Hobby supply shop
Home and business maintenance service
Hospitals
p
Hotels/motels
_
I
Ice cream parlor
_
Impound yard
_
Interior decorating service
-
J
Junk or salvage yard
-
K
Kennel
_
L
Laboratories, film, medical, research or testing centers
P
Laundromat
Laundry service (commercial)
RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
Libraries, museums and galleries (private)
Liquefied petroleum, sales and distribution
Liquor stores
Lithographic service
Locksmith
M
Machine shop
Machinery storage yard
Mail order businesses
Manufacturing of products similar to, but not limited to, the following:
Custom-made product, processing, assembling, packaging, and fabrication of goods
within enclosed building (no outside storage), such as jewelry, furniture, art objects,
clothing, labor intensive manufacturing, assembling, and repair processes which do
not involve frequent truck traffic.
Compounding of materials, processing, assembling, packaging, treatment or
fabrication of materials and products that require frequent truck activity or the
transfer of heavy or bulky items. Wholesaling, storage, and warehousing within
enclosed building, freight handling, shipping, truck services and terminals, storage
and wholesaling from the premises of unrefined, raw or semi refined products
requiring further processing or manufacturing, and outside storage.
Uses under 20,000 s . ft. with no outside storage
Massage
C
Medical equipment sales/rental
P
Membership clubs, organizations, lodges
-
Mini -storage or Mini -warehouse facilities'
-
Mobile home sales and service
-
Motion picture studio
_
Motorcycle sales and service
-
Movie theaters
-
Musical and recording studio
-
N
Nightclubs/taverns/bars/dance club/teen club
-
Nurseries (retail)
-
Nursing homes/convalescent homes
P
RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
O
Office equipment/supplies, sales/services
Offices, administrative or corporate headquarters with greater than 50,000 sq. ft.
Offices, professional services with less than 50,000 sq. ft., including, but not limited
to, business, law, medical, dental, veterinarian, chiropractic, architectural,
engineering, real estate, insurance
P
P
Paint and wallpaper stores
Parcel delivery services
Parking lots and parking structures
C
Pawnshop
Pest control services
Pet grooming/pet shop
Photographic studio
P
Plumbing supply yard (enclosed or unenclosed)
Postal distribution
Postal services
P
Printing and publishing (newspapers, periodicals, books, etc.)
Q
Reserved
R
Radio and broadcasting studios, offices
-
Radio/television transmitter
_
Recreational vehicle parks
-
Recreational vehicle sales
-
Recreational vehicle, trailer, and boat storage within an enclosed building
-
Recreational vehicle, trailer and boat storage -exterior yard
-
Recycling collection facilities
-
Recycling processing facilities
-
Religious institution, without a daycare or private school
C
Religious institution, with a private school
Religious institution, with a daycare
RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
Residential (one dwelling unit on the same parcel as a commercial or industrial use
for use of the proprietor of the business)
C
Residential, multiple -family housing
Restaurant, drive-in/fast food'
-
Restaurants and other eating establishments (with or without the sale of beer and
wine)
-
Restaurants and other eating establishments (with the sale beer, wine and distilled
spirits)
-
Restaurants with lounge or live entertainment
-
Retail support use to a non-commercial business (Limited to the sale of products
manufactured or assembled on -site and occupying less that 25% of the floor area of
the business)
-
Rooming and boarding houses
-
S
Scale, public
-
Schools, business and professional
P
Schools, private (kindergarten through Grade 12)
Scientific research and development offices and laboratories
C
Senior citizen housing (see also congregate care) °
-
Solid waste disposal facility
-
Sports and recreational facilities
-
Swap Meet, entirely inside a permanent building'
-
Swap Meet, Outdoor
-
Swimming pool supplies/equipment sales
-
T
Tailor shop
P
Taxi or limousine service
Tile sales
Tobacco shop
Tool and die casting
Transfer, moving and storage
Transportation terminals and stations
Truck sales/rentals/service
TVNCR repair
RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
Table 17.22.196
Schedule of Permitted Uses
De Portola Road Planned Development Overlay District
Description of Use
PDO-8
U
Upholstery shop
V
Vending machine sales and service
W
Warehousing/distribution
Watch repair
Wedding chapels
Welding shop
Welding supply and service (enclosed)
Y
Reserved
Z
Reserved
Notes:
1. Subject the supplemental development standards contained in Chapter 17.10.
2. Subject to standards of Chapter 17.40 of the Temecula Municipal Code.
3. See Chapter 5.22 of the Temecula Municipal Code.
4. In addition to any applicable supplemental development standards listed in
Chapter 17.10, housing projects not adjacent to residentially zoned property shall
use the density, open space, and general performance standards for the High
Density Residential zone. Housing projects adjacent to residentially zone property
shall use the density, open space, and general performance standards in the
Medium Density zone.
5. Serving beverages and simple morning and mid -day meals only.
6. Notwithstanding Section 17.10 of the Temecula Municipal Code, these uses
shall also be subject the supplemental development standards contained in
Section 17.22.198.
RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc
17.22.198 DEVELOPMENT STANDARDS
A. The development standards for the De Portola Road Planned Development Zone are shown
below in Table 17.22.198. When specific standards are not provided, the criteria in the
Development Code shall apply.
Table 17.22.198
Development Standards
De Portola Road Planned Development Overla District
Development Standards
PDO-8
Minimum net lot area
40,000 sq. ft.
Target floor area ratio
0.50
Maximum floor area ratio with intensity bonus as per Section
17.08.050
1.0
Minimum width at required front setback area
80 ft.
Minimum depth
120 ft.
Minimum frontage on a street
60 ft.
Minimum building setback adjacent to street:
Arterial streets
Collector and Local streets
20 ft.
20 ft.
Interior side yard adjacent to non -residentially zoned property
10 ft.
Interior side yard adjacent to residentially zoned property.
30 ft
Rear yard area adjacent to non -residentially zoned property
10 ft.
Rear yard areas adjacent to residentially zoned property.
30 ft.
Accessory structure-side/rear setback
5 ft.
Maximum height within 50 feet of residentially zoned property
35 ft.
Maximum height within 100 feet of residentially zoned property
40 ft.
Maximum height
50 ft.
Maximum percent of lot coverage
50%
Minimum required landscaped open space
25%
Supplemental minimum perimeter landscapin�q:'
Adjacent to residentially zoned property z
Across the street from residentially zoned property 3
25 feet
15 feet
Fence, wall or hedge -maximum height
6 ft.
Accessory structure -maximum height
12 ft.
Fence, wall or hedge screening outdoor storage
Outdoor storage
is not permitted
RAP D 0\2003\De Portola Road PDO\De Portola Rd PDO (PC Rec).doc 10
Table 17.22.198
Development Standards
De Portola Road Planned Development Overlay District
Development Standards I PDO-8
1. This requirement does not apply to new single-family detached residences.
Security light fixtures are not allowed in this area.
2. The two parcels north of De Portola Road have a rear property lines along an
existing drainage channel. To provide an incentive to preserve the riparian
vegetation along this channel, the existing vegetation may be applied to satisfy
much of this requirement. However, an additional 7 feet of landscaping must be
provided between the channel edge vegetation and the proposed development
(buildings, parking spaces, drive aisles, etc.).
3. Parking spaces and drive aisles are not allowed within the required perimeter
landscape areas except for the site -access driveways and building entrance walks
which are not required to be landscaped.
4. Trash enclosures shall not be located within the supplemental perimeter
landscape areas,
B. All development within PDO-8 shall also comply with the following supplemental
requirements.
Access/Circulation. Whenever possible, new direct non-residential vehicle access to
DePortola Road should be minimized. Whenever practical, shared reciprocal access
between adjacent parcels should be provided.
2. Location of Parking. Parking lots shall be located generally behind the proposed
structures so that buildings help screen the parking areas from adjacent residential
uses.
3. Landscape buffering. The landscaping shall include some mature trees ranging
from 24" to 48" box in size and should incorporate buffered landscape berms
adjacent to residentially zoned properties. Landscape buffers shall be located
outside of the walls used to screen these commercial uses.
4. Parking lot security lighting. To minimize adverse impacts from parking area, no
elevated fixtures may be located 40 feet of residentially zoned property.
5. Building and accent lighting. Wall pack style lighting is prohibited adjacent to
residential properties unless completely shielded to prevent any light spillage onto
adjacent properties.
6. Limitations to architectural styles. New structures adjacent to a residentially zoned
property shall maintain a predominately residential appearance. Except that
structures located at the northwest corner of Margarita and DePortola that are more
than more than 100 feet from the property line, may have a less residential
appearance. Architectural styles that appear "boxy' are strongly discouraged.
Illuminated Signage. No illuminated monument signage is allowed across the street
from residentially zone property. This provision does not apply to small onsite
directional (entry) signage. No illuminated wall signage above the first floor may face
residentially zoned property.
RAP D 020030e Portola Road PDO\De Portola Rd PDO (PC Rec).doc 11
ATTACHMENT NO. 5
PLANNING COMMISSION RESOLUTION PC 04-
DRAFT
PC RESOLUTION NO. -2004
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVED PLANNING APPLICATION NO. 03-0721
TO CHANGE THE GENERAL PLAN DESIGNATIONS FROM
VERY LOW (VL) DENSITY RESIDENTIAL TO PROFESSIONAL
OFFICE (PO), A ZONING MAP AMENDMENT FROM VERY
LOW (VL) DENSITY RESIDENTIAL TO PROFESSIONAL
OFFICE (PO), AND A MUNICIPAL CODE AMENDMENT TO
INCLUDE SECTION 17.22.190, DEPORTOLA PLANNED
DEVELOPMENT OVERLAY DISTRICT, ON 8 PARCELS
TOTALING 21.7 ACRES, LOCATED AT THE NORTHWEST
AND SOUTHWEST CORNER OF DE PORTOLA AND
MARGARITA ROADS IN THE CITY OF TEMECULA (APN'S
959-050-003, 004, 007, 008 & 959-080-002, 003, 004, 005)
WHEREAS, the City of Temecula filed Planning Application No. PA03-0721 (the
"Application"), in a manner in accord with the City of Temecula General Plan and Development
Code; and
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission considered the Application on February 18, 2004,
at a duly noticed public hearing as prescribed by law, at which time the City staff and interested
persons had an opportunity to, and did testify either in support or opposition to this matter; and
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission recommended approval of the Application without prejudice after
finding that the project proposed in the Application conforms to the City of Temecula General
Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findings. The Planning Commission in recommending approval without
prejudice of the Application makes the following findings:
A. The amendment is compatible with the health, safety and welfare of the
community.
B. The amendment is compatible with existing and surrounding uses.
C. The amendment will not have an adverse effect on the community and is
consistent with the goals and policies of the adopted General Plan.
RAP D 0\2003\De Portola Road PDO\Resolutlons\PC Reso.doc
t
DRAFT
Section 3. Recommendation. The Planning Commission for the City of Temecula
hereby recommends that the City Council approve Planning Application No. 03-0721 to change
the General Plan designations from Very Low (VL) Density Residential to Professional Office
(PO), a Zoning Map amendment from Very Low (VL) Density Residential to Professional Office
(PO), and a Municipal Code amendment to include section 17.22.190, DePortola Planned
Development Overlay District, on 6 parcels, located at the southwest corner of De Portola and
Margarita Roads in the City of Temecula (APN's 959-050-007, 008 and 959-080-002, 003, 004,
005) and adopt a Negative Declaration for the project.
Section 4. PASSED, APPROVED AND ADOPTED this 181h day of February 2004.
Dennis Chiniaeff, Chairperson
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. XXX was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof, held on the 181h day of February 2004, by the
following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
RAP D 0\2003\De Portola Road PDO\Resolutions\PC Reso.doc
2
ATTACHMENT NO. 6
PLANNING COMMISSION STAFF REPORT
ORIGINAL
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting: February 18, 2004
Prepared by: Sheila M. Powers Title: Associate Planner
File Number PA03-0721 Application Type: City Initiated General Plan
Amendment, Zone Map
Amendment, Development
Code Amendment
Project Description: A proposal to change the General Plan designations from Very Low
(VL) Density Residential to Professional Office (PO), a Zoning Map
amendment from Very Low (VL) Density Residential to Planned
Development Overlay (PDO), and a Development Codeamendment to
include Sections 17.22.190 through 17.22.198, DePortola Planned
Development Overlay District, on 8 parcels totaling 21.7 acres, located
at the northwest and southwest corner of DePortola and Margarita
Roads in the City of Temecula (APN's 959-050-003, 004, 007, 008 &
959-080-002, 003, 004, 005).
Recommendation: ® Recommend Approval to the City Council
(Check One)
❑ Deny
❑ Continue for Redesign
❑ Continue to:
❑ Recommend Approval with Conditions
❑ Recommend Denial
CEQA: ❑ Categorically Exempt (Class)
(Check One)
® Negative Declaration
❑ Mitigated Negative Declaration with Monitoring Plan
❑ EIR
R:\P D 0\20030e Portola Road PDOW STAFF REPORT.doc
PROJECT DATA SUMMARY:
Applicant: City of Temecula
Completion Date: January 26, 2004
Mandatory Action Deadline Date: February 18, 2004
Existing General Plan
Designation: Very Low Density Residential
Existing Zoning
Designation:
Proposed General
Plan Designation:
Proposed Zoning
Designation:
Surrounding Zoning
North:
South:
East:
West:
Lot Area:
BACKGROUND:
Low Densitv Residential
Professional Office
DePortola Road Planned Development Overlay District-8
Low Densitv Residential
Very Low Densitv Residential
8 Parcels (21.7 acres)
On November 20, 2002, the Planning Commission recommended denial of Valley Christian
Fellowship's request to change the General Plan and Zoning designations from Very Low
Density Residential to Professional Office on 21.7 acres located at the northwest and southwest
corner of DePortola and Margarita Roads. On January 14, 2003, the City Council considered
the Commission's recommendation and directed staff to forward the applicant's request to the
General Plan Community Advisory Committee (CAC) for their recommendation. On April 29,
2003, the CAC considered this proposal and expanded their discussion based on examining the
"big picture" land uses in the Margarita and DePortola area.
At that meeting, all eight CAC members present considered the project site and its immediate
vicinity as sensitive because of their proximity to residential areas (Los Ranchitos and Santiago
Ranchos). However, the CAC recognized the potential for the area to develop as non -very low
density residential because of its proximity to major streets and the proposed hospital. After
extensive discussion, the CAC recommended changing the General Plan designation of the
Valley Christian Fellowship's two parcels along with four other parcels immediately west of
Margarita Road. Half of the CAC members in attendance wanted to extend the Professional
Office area to include two additional parcels north of De Portola Road at the intersection of
Margarita Road. The CAC also felt that the best way to ensure compatibility of future
development with the adjacent residential area is to re -zone these parcels to Planned
Development Overlay (PDO). The PDO would allow the city to further limit the land uses
allowable in this area.
RAP D 0\2003\1)e Portola Road PDOWC STAFF REPORT.doc
At the June 24, 2003 City Council
recommendations and directed that th
ANALYSIS
e
To meet the needs of the future hospital, the neighborhood, and the community at large, the
PDO will restrict commercial and auto -oriented uses, and will require additional setbacks and
buffering adjacent to residentially zoned property areas. Working from the professional office
zone, staff met with a representative from the Los Ranchitos Homeowners Association (HOA) to
retain land uses that would support the future hospital/medical facility and remove intrusive
commercial businesses with the potential to create noise or odor problems.
In the process of developing this PDO, staff started with the least intensive commercial zone
(Professional Office) and removed virtually all the non -office commercial uses from the PDO.
This includes such potential incompatible uses as service stations, day care centers,
restaurants, conference facilities, and affordable housing projects.
Then, to minimize the potential impacts to, and conflicts with adjacent residential uses, stringent
setback, lighting, and landscape standards were developed. Examples of these stringent
requirements include the following:
• Additional building setbacks and perimeter landscape requirements adjacent to
residentially zoned properties.
• Reduced building heights and restrictions on architecture adjacent to residentially zoned
property.
• Restrictions on security and parking lot lighting adjacent to residentially zoned properties.
• Requirements to maintain stream channel edge vegetation.
The permitted use matrix and development standards for the PDO are contained in Attachment
Number 2. A comparison of the Professional Office requirements and PDO requirements are
listed in Attachment Number 3.
General Plan Conformity/Consistency
Staff has reviewed the General Plan to assess the potential consistency of the proposed
amendment with the adopted Goals and Policies primarily in the Noise, Circulation, Land Use
and Community Design Elements. After examining these Elements, the opinion of staff is that
the proposed change is consistent. The detailed review of the General Plan goals and policies is
provided below.
Noise Element
Goal No. 1 requires "Land use planning that provides for the separation of significant noise
generators from sensitive receptor areas." The discussion following this Goal states "Noise
hazard areas will be considered to include locations within the 65 CNEL [Community Noise
Equivalent Level] contour of master planned roadways, railroad corridors, aircraft flight paths,
and industrial facilities." The two policy statements that follow apply to this project:
R:\P D 0\2003\De Portola Road PDO\PC STAFF REPORT.doc
• 1.1 "Discourage noise sensitive land uses in noisy exterior environments unless
measures can be implemented to reduce exterior and interior noise to acceptable
levels. Alternatively, encourage less sensitive uses in areas adjacent to major
noise generators but require appropriate interior working environments."
• 1.8 "Minimize noise conflicts between land uses and the circulation network."
Section 4.A. Table 8-4 of the General Plan Noise Element indicates that exterior noise levels in
residential areas should not exceed 65 decibels. Table 8-3 in Section 2.D.1. indicates that future
noise levels on Margarita Road and will be in the range of 61.1 to 67.6 decibels at 100 feet from
the centerline of the street. Margarita Road is classified as a 110 foot -wide Arterial Roadway,
with a curb -to -curb dimension of 86 feet. Therefore, the 65-decibel noise contour would
encroach at least 57 feet into the parcel along Margarita Road, rendering at least 0.59-acres of
the site "undesirable" for residential development.
Furthermore, Table 8-3 in Section 2.D.1. indicates that future noise levels on DePortola Road
will be in the range of 54.4 - 64.0 decibels at 100 feet from the centerline of the street.
DePortola Road is classified as an 88 foot -wide Secondary Roadway, with a curb -to -curb
dimension of 68 feet. Therefore, the 65-decibel noise contour would encroach at least 42 feet
into the parcel along Margarita Road, rendering at least 0.23-acres of the site "undesirable" for
residential development.
The proposed Professional Office use with a Planned Development Overlay allows exterior noise
levels up to 70 decibels, which is higher than the projected noise level at the 100-foot noise
contour for Margarita Road. The traffic noise from Margarita Road and DePortola Road would
not as significantly impact Professional Office uses on the sites, allowing buildings to be located
closer to Margarita Road or DePortola Road and further away from existing residents. One
factor in recommending approval of the land use and zone change is the protection of residents
from excessive noise levels, and compliance with the aforementioned goal and policies. The
amendment to the Development Codeto include Sections 17.22.190 through 17.22.198
(DePortola Planned Development Overlay) will further allow staff to control future development
and its noise impacts within this area.
Circulation Element.
Goal No. 1 states that the City will "Strive to maintain a Level of Service "D" or better at all
intersections during peak hours and Level of Service "C" or better during non -peak hours." To
evaluate the General Plan level impacts concerning circulation, staff deferred to Policy No. 1.2
that states "Require an evaluation of potential traffic impacts associated with new development
prior to project approval, and require adequate mitigation measures prior to, or concurrent with,
development." Using the General Plan Traffic Study (Table 2 — Land Use Trip Generation
Factors), staff has determined that the overall number of vehicle trips that will potentially be
generated by this site could increase from 10 trips (using Low Density Residential) up to a
maximum of 5,208 trips per day (using Commercial Office category for the vehicle trip
generation. There is Professional Office trip generation category).
Since this intersection is combined of an arterial, major and secondary highway, staff has found
that the Level -of -Service at this intersection per the General Plan, would remain above a LOS-D,
as permitted by the General Plan, with the additional vehicle trips on any segment of either road.
Staff has determined the additional vehicle trips would have a less than significant impact.
R:\P D 0\2003\De Portola Road PDOW STAFF REFORTAd
When a future development application is received and processed, the intensity of the use will
be determined and, if necessary, mitigation measures will be implemented.
Land Use Element.
Goal No. 3 requires "A land use pattern that will protect and enhance residential neighborhoods."
The discussion following this goal states, "Future residential and non-residential development
should be compatible with the natural features of the site and the adjacent uses." The three
policy statements that follow apply to this project:
• 3.1 "Consider the compatibility of proposed projects on surrounding uses in terms of
the size and configuration of buildings, use of materials and landscaping,
preservation of existing vegetation and landform, the location of access routes,
noise impacts, traffic impacts, and other environmental conditions."
• 3.3' "Require parcels developed for commercial or industrial uses to incorporate
buffers that minimize the impacts of noise, light, visibility of activity and vehicular
traffic on surrounding residential uses."
• 3.32 "Protect single-family residential areas from encroachment by commercial uses."
Note: There are two Policies numbered "3.3" under Goal 3 of the Land Use Element
The Land Use Element Goals and Policies discussed in this section can be implemented through
the design process. The Development Review Committee (DRC) will ensure that a future
Development Plan submittal for this site will address these policies to further minimize potential
land use conflicts.
Community Design Element.
Goal No. 3 suggests "Preservation and enhancement of the positive qualities of individual
districts or neighborhoods." Because no development plan has been submitted with this
application, it is difficult to address issues of community design. The discussion following Goal 3
of the Community Design Element states, "Of particular importance, is the preservation of the
character of the single family neighborhoods and their protection from intrusions from buildings
that are "out of scale," incompatible land uses, and excessive vehicular traffic." Staff feels the
change of land use is appropriate, that vehicular traffic will not be significantly impacted, and that
design issues can be addressed with a subsequent Development Plan that conforms to the
policies of the Community Design Element. The following General Plan Community Design
Element policies may apply:
• 3.1 "Improve the appearance of neighborhood areas and the "edges" between
neighborhoods through landscaping, location of open space buffers, and special
landscape features"
• 3.2 "Preserve the scale and character of residential development by creating
appropriate transitions between lower density, rural areas, and higher density
development."
RV D 0\2003M3e Portola Road PDOW STAFF REPORTAd
• 3.3 "Encourage the use of creative landscape design to create visual interest and
reduce conflicts between different land uses."
The Community Design Element Goals and Policies discussed in this section will also be
implemented through proper planning and the design process. The Development Review
Committee (DRC) process will ensure that a future Landscape Plan submittal for this site will
address these policies to further minimize potential land use conflicts. The DRC will also
consider building mass, building orientation, site layout, ingress and egress, and buffering in
determining compliance with these goals and policies as implemented through the supplemental
requirements in Section 17.22.198.E of the PDO.
HOA Concerns
While the draft PDO was developed in collaboration with a representative of the HOA, it did not
represent the opinion of the entire Board. Therefore, a copy of the draft PDO was sent to the
HOA Board for their Board review. Staff received written comments from the Los Ranchitos
HOA Board on January 15, 2004 (Attachment Number 5). At the board meeting, after much
debate, the board concurred with the proposed changes. However, the HOA Board also
requested that the City consider the five following issues in their deliberations:
Additional traffic generated on DePortola Road should be discouraged
Staff Response: As development applications are submitted to the city, staff will review
each development application and traffic conditions on a case by case basis and try to
discourage traffic on DePortola to the maximum extent possible. This goal has been
included in the proposed PDO.
New direct non-residential vehicular access to DePortola Road should be discouraged.
Staff Response: The PDO could result in some new ingress/egress points along
DePortola. The location of reciprocal ingress/egress easements could reduce future
driveway locations. This goal has been included in the proposed PDO. The two parcels
north of DePortola and immediately west of Margarita have the potential to direct access
off of Margarita.
3. Buffers with landscape berms and mature 24"-48" box trees and shrubs adjacent to
residential land uses shall be required.
Staff Response: Staff agrees that additional buffering is needed adjacent to residentially
zoned properties. Staff has included this concern in the proposed PDO and has set
specific landscape buffering requirements. Future development will be required to have
25 feet of perimeter landscaping adjacent to residentially zoned properties and 15 feet of
landscaping perimeter across the street from residentially zoned properties. Provisions
to include some 24' 48" boxed trees has been incorporated into this PDO.
4. The existing equestrian/recreation trail within the Paloma/Paseo Del Sol project on the
north side of DePortola Road, east of Margarita Road, shall be connected to the LRHOA
trail system.
Staff Response: The City of Temecula Multi -Use Trail Master Plan indicates a proposed
public trail along DePortola Road and immediately west of Margarita Road. This
R:\P D 0\2003\De Portola Road PDOW STAFF REPORTAd
proposed trail will be addressed as new construction takes place along DePortola Road
on a case by case basis.
5. DePortola Road shall be restricted to the Rural Road section with no streetlights,
sidewalks or curb and gutter.
Staff Response: Staff has reviewed this request and is open to looking at a rural road
standard for portions of DePortola Road. Staff will also need to review public safety
requirements before making a final recommendation on a revised standard.
Resident Comments
While the draft staff report was being prepared, staff received a written comment on February 4,
2004 from Mr. Sean Malekzadeh, the owner of property located at the south of Pio Pico Road
and west of Margarita Road (Attachment No. 7). Mr. Malekzadeh is requesting that the city
include his property in the PDO. Currently, Mr. Malekzadeh has an application with the city for a
Lot Line Adjustment with his neighbor to the west, Mr. G.V. Salts. As a result of the Lot Line
Adjustment, the drainage channel will be on the east side of his property. Mr. Malekzadeh's
property is immediately north of the proposed PDO boundary between Margarita Road and the
drainage channel. Staff concurs that it could be logical to include Mr. Malekzadeh's property into
the zone change.
Conclusion
In summary, the proposed DePortola Road Planned Development Overlay District has been
designed to ensure land use compatibility between the existing residences, adjacent commercial
uses, and the future hospital. The proposed PDO allows only 28 out of the 60 land uses
available within the Professional Office Zone. This severely restricts the type of uses that can be
located here and allows for greater design control to ensure that only compatible land uses are
located here.
Environmental Determination
This project does not qualify for an exemption from CEQA, and as a result an Initial
Environmental Study was prepared. The Initial Environmental Study for this project identified no
potentially significant impacts and a Negative Declaration was prepared. Issues related to
Traffic/Circulation and Hazards were identified with a "Less Than Significant Impact" because
daily vehicle trips increases will remain above a Level of Service "D" based on the Circulation
Element of the General Plan. The public review period for the Negative Declaration was from
February 2, 2004 to February 22, 2004. At the time this report was prepared, no written
comments had been received.
R:\P D 0\2003\De Portola Road PDOW STAFF REPORT.doc
ATTACHMENT NO. 7
PLANNING COMMISSION MINUTES FROM THE FEBRUARY 18, 2004 MEETING
DRAFT
New Items
5 Planning Application No. P A03-0721 A proposal to change the General Plan designation
from Very Low (VL) Density Residential to Professional Office (PO). a Zoning Map
By way of PowerPoint, Associate Planner Powers clarified the staff report (as per agenda
material), highlighting the existing requirements of the Professional Office Zone and the
proposed DePotola Road Plan Development Overlay District (PDO); advising that Mr.
Malekzadeh, (property owner of property located southwest corner of Pio Pico and Margarita
Road) has requested to be included in the proposed Zone Change, and noting that staff would
not support his request.
For Commissioner C hiniaeff, P rincipal P lanner Hogan n oted t hat s taff would n of s upport t he
inclusion of Mr. Malekzadeh's property, which would further expand commercial development to
the north along Margarita Road.
At this time, the Public Hearing was opened.
Concurring with the staff report, Mr. Markham, 30105 Cabrillo Avenue, representing Los
Ranchitos HOA, highlighted the following concerns:
• Connecting of the existing equestrian trails with the Los Ranchitos Homeowners
Association trail system;
• Buffering with landscape berms through the use of 24" to 48" and shrubs adjacent to
residential land uses;
• Restricting De Portola Road to rural road section with no streetlights, sidewalks, or curb
and gutter.
In response to the Commissioners, Mr. Markham noted the following:
• That the hospital will have a 5' or 6' height landscape berm along De Portola Road
frontage as well as along the vacated Pio Pico Road area;
• That although the Homeowners Association (HOA) is not requesting a circulation
element change, it is being requested that the PDO include verbiage such as optional
interroadway standard may be used in rural semi -rural areas;
• That although reluctant, the HOA would concur with the proposed change for the two
parcels north of DePortola Road.
Mr. McNeff, 45627 Clubhouse Drive, representing Valley Christian Fellowship, relayed support
of the proposed recommendation and thanked the Planning Commission, staff, and citizens for
RAMinutesPC\021804 3
DRAFT
Their associated efforts and requested that reasonable access be provided to the church
property.
Ms. Carol Marsden, 30955 De Portola Road, expressed concern with her property being
commercially surrounded on two sides if this request were approved.
Relaying his desire to retain the rural setting, Mr. Evan Harbottle, 31655 Pio Pico Road,
expressed concern with traffic and traffic patterns, and noted that Santiago Homeowners
Association (HOA) have expressed objection to commercial property abutting residential
properties.
Mr. Kenneth Ray, 31647 P io P ico Road, President of the Santiago Rancho H OA, noted the
following:
• That the homeowners' would object to commercial properties abutting association
properties;
• That the association would support Los Ranchitos Homeowners Associations request of
no commercial outlet onto De Portola Road;
• That the two lots north of De Portola Road should not be included in the
recommendation.
At this time, the Public Hearing was closed.
Commissioner Chiniaeff expressed issues of concern with further extending the zoning to the
north and ensuring the preservation of the character of the area.
Assistant City Attorney Curly further clarified Planned Development Overlays (PDO)
Commissioner Mathewson concurred with Commissioner Chiniaeff with regard to limiting
extension of the two northerly parcels requesting that sufficient setbacks be imposed for trash
enclosures for the accessory structure and requesting that the rear yard setbacks from 25' to 30'
on parcels adjacent to residentials.
Expressing her opposition with the proposal, Commissioner Olhasso stated that a hospital in the
proposed area will be adding to existing traffic congestion and relayed the importance of
maintaining the large lots, open space, equestrian trails, and the character of the area.
Respecting the development of this project and relaying overall support of it, Chairman Telesio
expressed his opposition with expanding the proposed PDO Parcel No. 9 (Mr. Malekzadeh's
property) and concurred with previously made comments that De Portola Road should be the
boundry line and that the parcels to the north of that road should not be included in the
proposed PDO.
Having recently been appointed to the General Plan Committee, Mr. Telesio suggested that this
matter be forwarded to that committee for further review.
Principal Planner Hogan clarified that trash enclosures would not be allowed in the setback
areas adjacent to the residential zone property.
RAMinutesPC\021804 4
DRAFT
MOTION: Commissioner Chiniaeff moved to adopt PC resolution No. 2004-007, including the
correction for the trash enclosures and recommend that the City Council consider in the
adoption of the General Plan, a transition standard for De Portola Road from Margarita Road on
east into the Los Ranchitos area. Commissioner Mathewson seconded the motion and voice
vote reflected approval with the exception of Commissioner Olhasso who voted No.
PC RESOLUTION NO. 2004-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE A NEGATIVE DECLARATION FOR
PLANNING APPLICATION NO. PA03-0721, CONSISTING OF A
GENERAL PLAN AMENDMENT, A ZONING MAP
AMENDMENT, AND AN AMENDMENT TO THE MUNICIPAL
CODE ADOPTING THE DEPORTOLA ROAD PLANNED
DEVELOPMENT OVERLAY DISTRICT.
RAMinutesPC\021804 5
ATTACHMENT NO. 8
ORIGINAL HOA CORRESPONDENCE
Los
P.O. Box 4
Phone (909) 71
Officers 2003-2004
President, Larry Markham
Vice President, Neal Ziff
Secretary/Treasurer, Rebecca Weersing
Architectural & Environmental Control, Don Stowe
January 9, 2004
Mr. David Hogan, Principal Planner
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Dear Dave:
IAN 1 5 2004
Directors 2003-2004
Jeffrey Tomaszewski
Dee Messing
Doug Johnson
Subject: Request for General Plan Designation Change
Valley Christian Fellowship
GPA/CZ PA 02-0260
The LRHOA Board appreciates the opportunity to provide input on the proposed General Plan
designation for properties within LRHOA and adjacent to our boundaries.
Our Board, after much debate, reluctantly concurs with the proposed change. Although concurring, the
Board would like to continue to voice our concerns with the regard to the following issues:
Additional traffic generated on De Portola Road should be discouraged.
2. New direct non-residential vehicular access to De Portola Road should be discouraged.
Buffers with landscape berms and mature 24" to 48" box trees and shrubs adjacent to
residential land uses shall be required.
4. The existing equeshian/recreation trail within Paloma/Paseo del Sol project on the north side of
De Portola Road, east of Margarita Road, shall be connected to the LRHOA trail system. (see
attached)
De Portola Road shall be restricted to the Rural Road section with no streetlights, sidewalks or
curb and gutter. (see attached)
Request for General Plan Designation Change
Valley Christian Fellowship
GPA/CZ PA 02-0260
Page 2
6. The newly designated land use area shall be restricted to be consistent with Z1— Z3 of the
existing General Plan regarding the following:
a. Building mass and scale
b. Ranch residential architectural style
c. Lighting orientation
d. Acoustic orientation
e. Hours of operation
These are our ongoing concerns that impact the quality of life of our members.
Sincerely,
R. M kham
President
LRM/slg
Cc: Board Members
0Y:t7,t- y N a
9. Specific Plan Road
This designation is used for roadway facilities which are intended to function as.,
a Principal Collector or higher classification but lack final design definition due
to one or more. of the following features:
• Due to special Specific Plan project design considerations, typical standard
roadway cross sections may not be appropriate. Specific Plan design
concepts may can for special esthetics or functional treatments such as
landscaping, pedestrian facilities, streetscape features, adjacent land access
treatment, (eg. decorative paving, lamps, pedestrian furniture, signage,
bicycle oriented annuities etc.). These roadways am often -*referred to as
"Gateway" streets where project entry statements are made.
• Non -typical right-of-way sections may be desirable to accommodate special
design features discussed above.
• Alignment options may be present which cannot be finalized until Tentative
Tract or Plot Plans are developed.
• Special circumstances may result. in the desire tomaintain the street as
private instead of public.
Designation of Specific Plan Roadways on the Circulation Plan serves as a
Positive statement regarding the intended function of the roadway as a traffic
carrying component of the circulation system. The ultimate design features of
"Specific Plan Roads" are subject to the approval of City Staff and elected
officials.
Optional Rural Arterial Highway Standard
This optional interim roadway standard may be used in rural and semi -rural areas
with the following characteristics: (1) the adjacent parcels are used nrim"rito fnr
Features include:
A two lane cross section; however, in limited circumstances, left and right
turn lanes may be required at some intersections.
• Bike lanes will be located along only one side of the roadway to form a
continuous system along each street, when needed.
;i
7IRd-01WnN OLCUL • Date: NavemW 9, 1993
CITY OF T$MBCULA Circulation Element
` } Minimum intersection/access spacing along Rural Arterial Highways should
be approximately one sixteenth of a mile (33o feet). IDirect access from
private residential properties should be avoided where possible.
• Retention of the full general plan right-of-way.
• Should future traffic volumes on streets constructed to a Rural Arterial
Highway Standard reach Level -of -Service D, then the roadway should be
improved to full general plan standards.
These functional design guidelines will serve to assist the City in the development
of detailed roadway design standards for implementation of the Circulation Plan.
B. Development Impact Monitoring Program
The monitoring of traffic impacts associated with area development approvals is a
critical program which must be implemented to ensure that the City's transportation
goals are achieved. A carefully designed Development Impact Monitoring Program.
will provide the information necessary to:
• Ensure equitable participation by developers in the implementation of roadway
-� improvements throughout the City;
• Update. the City's short -and .long-range Roadway Implementation Phasing
` Program;
• Annually update the City's 5-year Capital Improvement Program;
• Update the City's Transportation Facilities Funding Program;
• Assess the performance of the City's Congestion Management Program;
• Adequately respond to development impact reporting requirements identified in
the Riverside County Congestion Management Program (CMP); and
• Guide itrture land use/development decisions.
7'0d-01"OP-MOLL • Date: Noarombdr 9, 1993 - Page 3.24
,TYPICAL ROADWA`" CROSS SECTIONS
* $ma alk
**To be used ,or outb pafto, Eke bm or ds"ss lute
* ## for tdertm Use In tnmtaard and Wpe IN arm wMMn
the Chy In meW, w000d", and oolomor RI➢htmt-wu
T h e C i t y o f
TEMECULA
General Plan Program
?W ROW
MEW
7➢•-,0,•
QPnONAL RURAL ARTMM ***
SPECIFT" PLAN OVERLAY
11
Approved Specific Plan
Areas
Proposed Specific Plan
Now: Sm m "of spedfic PIN
Amwfollowlngpagc.
h
TE
Gene
FIGURE 2-5
1!1
N
Vl
.ter
Inlh+l^
-;*iCc
NNN
Be
a
� g
0
to
o
e,8
I
mot
do
Ad
1w
a
�dyq
8
11=1
$-d
�3
I
Si3
0
�
•1
He
O d
$
g
a
g
$
��
y$s
o•�
,�
8a
g a �„
5'Pa_
g.� � •s
�
_'14
a
Ufa
a Fos
W R
9c
�a0.8I�
0b^
�BE
q
W-`p .,
���
8o$y
oa•c
1010•°
WSg
oWyo$v8
�108
U��gpgO
IO�IO Y�°
omp�_pg3Wg
F�E3�F�
F�•2SC._F��
F��FNStl�F'S"o
F$E2SC3��$V
�yR
o
�t
pov
`g-
oa
_
9
C
�N'O .
>2
s
m
m
o `_ta
;
n
ATTACHMENT NO. 9
LETTER FROM SEAN MALEKZADEH
SEAN MALEKZADEH
3772 Brennan Avenue
Perris CA 92571
(909)943-2548 FHFEB
Fax: (909)940-6078
0 4 2004
February 4, 2004
David Hogan
City of Temecula
P 0 Box 9033
Temecula CA 92589-9033
RE: Planning Application No. 03-0721
APN 959-020-028
Dear Mr. Hogan,
I wish to be added to the Planned Development Overlay Along De Portola Road because
I own property located on the comer of Pio Pico and Margarita Road, APN 959-020-028-
5. I am in the process of a lot line adjustment with G.V. Salts which will then put all of
my property on the east side of the flood control channel.
Sincerely,
jz-o�
Sean Malekzadeh
SM:sh
ATTACHMENT NO. 10
ADDITIONAL CORRESPONDENCE
Evelyn Love Norris
6821 Vianda Court
Carlsbad, CA 92009-5338
The City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA 92589-9033
Subject: Planning Application 03-0721
Attention: David Hogan, AICP, Principle Planner
Dear Mr. Hogan,
FEB 2 5 2004
My husband and I attended the Planning Commission meeting of February 18, 2004 concerning
the referenced Planning Application. Our interest is in the property under consideration north of the
de Portola throughway.
We were both impressed with the efficiency that was demonstrated in the conduct of city
planning meeting. Other city meetings we have witnessed have not been so efficiently conducted.
We are requesting that the Commission reconsider the Council's recommendation to remove
the lots north of de Portola from the rezoning application. Before this rezoning issue was brought to
our attention, we were not really aware that Temecula, a city growing in population very rapidly did
not have its own hospital. We are very pleased that there is one in the planning, now.
Having examined the plot map from the city, and attended the hearing, it became obvious to us
that the hospital will require considerable surrounding area facilities to make it efficient for the
citizens and attract the best medical professionals. It will not be very far in the future that more
commercial property will be needed.
The property is located very well for facilities to support the hospital. The gully running at the
western boundary of the property can serve as a buffer. There are ways to adequately protect the
adjoining property. At the beginning of the meeting, it was stated that there are acceptable plans to
protect the property to the west of the rezoned lots on de Portola.
We have had no on -going or immediate plans to sell the property under consideration, but in
the best interest of the city to develop a viable hospital and supporting medical offices, it seems
prudent to have property already zoned for their placement as the hospital is built and will
undoubtedly need to grow.
We respectfully request that the property north of the de Portola be reinstated as part of the
rezoning plan. We are the owners of the property at 43939 Margareta. (Lot 23 MB059/053
TR3752
The owners: Evelyn Love Norris, Corwyn R. Love, Marian Brown, Verna Lee Youngman
Respectfully,
Evelyn Love Norris and Lloyd R. Norris
Copies to Each owner
p � 9 R 0 T I
MAR 2 3 2004 D
By
March 15, 2004
The City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA. 92589-9033
Attn: David Hogan, AICP, Principle Planner
Re: Planning Application 03-0721
Dear Mr. Hogan:
As owner of the property at 43980 Margarita in Temecula, I am hereby requesting
reconsideration of the Council's recommendation to remove the lots north of de Portola
from the rezoning application. The proposed hospital will isolate these lots, and I concur
with the feelings of the other owners of these lots that this is not fair to us.
I would very much appreciate your cooperation in accomplishing the reinstatement of the
lots north of de Portola in the rezoning plan. Please advise if there is anything I can do to
assist in this regard.
Sincerely, //�' A
�(Sfe y !/ y/
Iris Abernathy
(Trust U/W/O G.W. Abernathy, Deceased)
22489 Bear Creek Dr. N.
Murrieta, CA. 92562
909/696-5747
ATTACHMENT NO. 11
INITIAL ENVIRONMENTAL STUDY
n
z
of Temecula
OCity
R1989
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title
DePortola Road Planned Development Overlay District
(Planning Application 03-0721
Lead Agency Name and Address
City of Temecula
P.O. Box 9033 Temecula, CA 92589-9033
Contact Person and Phone Number
Sheila M. Powers, Associate Planner 909 694-6400
Project Location
Located along the north and south sides of De Portola Road and
immediately west of Margarita Road in the City of Temecula (APN's
959-050-003, 004, 007, 008 & 959-080-002, 003, 004, 005
Project Sponsor's Name and
City of Temecula
Address
Planning Department
43200 Business Park Dr.
Temecula, CA 92589-9033
General Plan Designation
Existing: Very Low Density Residential (VL)
Proposed: Professional Office PO
Zoning
Existing: Very Low Density Residential (VL)
Proposed: DePortola Road Planned Development Overlay District
PDO
Description of Project
A proposal to change the General Plan designations from Very Low
(VL) Density Residential to Professional Office (PO), amend the
Zoning Map from Very Low (VL) Density Residential to Planned
Development Overlay (PDO), and a Municipal Code amendment to
add Sections 17.22.190 through 17.22.198 to the Development Code
on 8 arcels totaling 21.7 acres.
Surrounding Land Uses and Setting
The surrounding land use to the north of DePortola Road and
east of Margarita Road is comprised of single family
residences. Portions south of DePortola Road are vacant or
developed with office uses. East of Margarita Road there is
residential and commercial uses.
Other public agencies whose
None
approval is required
RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc
n
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages.
Land Use Planning
Hazards
Population and Housing
Noise
Geologic Problems
Public Services
Water
Utilities and Service Systems
Air Quality
Aesthetics
Transportation/Circulation
Cultural Resources
Biological Resources
Recreation
Energy and Mineral Resources
Mandatory Findings of Significance
✓
None
Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will not
✓
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
I find that the proposed project MAY have a significant effect(s) on the environment, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
1O
Signature Date
L* Pow
Printed Name for
Z•2•D
CG1 Of-TVrALW1Av
RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc
2
0
I
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
1. LAND USE AND PLANNING. Would the proposal:
i.a.
Conflict with general plandesignation orzoning? 1,3
✓
1.b.
Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over theproject? 1,2
✓
i.c.
Be incompatible with existing land use in the vicinity? 1
✓
i.d.
Affect agricultural resources or operations (e.g. impacts to
soils or farmlands, or impacts from incompatible land uses)?
2
✓
1.e.
Disrupt or divide the physical arrangement of an established
communi includin low-income or minori communit ? 1
✓
2. POPULATION AND HOUSING. Would the proposal:
2.a.
Cumulatively exceed official regional or local population
projects? 1,2
✓
2.b.
Induce substantial growth in an area either directly or
indirectly (e.g. through project in an undeveloped area or
extension of major infrastructure)? 1,2
✓
2.c.
Displace existing housing, especially affordable housing?
1,2,3
✓
3. GEOLOGIC PROBLEMS. Would the proposal result in or
Expose people to potential impacts involving?
3.a.
Fault rupture? 1,2
✓
3.b.
Seismic ground shaking? 1,2
✓
3.c.
Seismic ground failure, including liquefaction? 1,2
✓
3.d.
Seiche, tsunami, or volcanic hazard? 1,2
✓
3.e.
Landslides or mudflows? 1,2
✓
V.
Erosion, changes in topography or unstable soil conditions
form excavation, grading or fill? 1,2
✓
3. .
Subsidence of the land? 1,2
✓
3.h.
Expansive soils? 2
✓
3.i.
Unique geologic or physical features? 2
✓
4. WATER. Would the proposal result in:
4.a.
Changes in absorption rates, drainage patterns, or the rate
and mount of surface runoff?
✓
4.b.
Exposure of people or property to water related hazards such
as flooding? 2
✓
4.c.
Discharge into surface waters or other alteration of surface
water quality (e.g. temperature, dissolved oxygen or
turbidity)?
✓
RAP D 0\2003\De Portola Road PDO\FA03 IES De Portola Road PDO.doc
4
0 i
Issues and Supporting Information Sources
Potentially
Significant
.Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
4.d.
Chan es in the amount of surface water in any water body?
✓
4.e.
Changes in currents, or the course or direction of water
Movements?
✓
4.f.
Change in the quantity of ground waters, either through direct
additions or withdrawals, or through interception of an aquifer
by cuts or excavations or through substantial loss of
groundwater recharge capability?
✓
4. .
Altered direction or rate of flow ofgroundwater?
✓
4.h.
Im acts to groundwater quality?
✓
4.i.
Substantial reduction in the amount of groundwater.
Otherwise available for public water supplies?
✓
5. AIR QUALITY. Would the proposal:
5.a.
Violate any air quality standard or contribute to an existing or
projected air quality violation?
✓
5.b.
Expose sensitive receptors topollutants? 2
✓
5.c.
Alter air movement, moisture or temperature, or cause any
change in climate? 2
✓
5.d.
Create objectionable odors? 2
✓
6. TRANSPORTATION/CIRCULATION. Would the proposal result in:
6.a.
Increase vehicle trips or traffic congestion? 2,3
✓
6.b.
Hazards to safety from design features (e.g. sharp curves or
dangerous intersections or incompatible uses)? 2
✓
6.c.
Inadequate emergency access or access to nearby uses?
✓
6.d.
Insufficient parking capacity on -site or off -site? 3
✓
6.e.
Hazards or barriers for pedestrians or bicyclists?
✓
6.f.
Conflicts with adopted policies supporting alternative
transportation e.. bus turnouts, bicycle racks)?
✓
6. . I
Rail, waterborne or air traffic impacts?
✓
7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to:
7.a.
Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, animals and
birds)?
✓
7.b.
Locally designated species (e.g. heritage trees)? 1,2
✓
7.c.
Locally designated natural communities (e.g. oak forest,
Coastal habitat, etc.)?
✓
7.d.
Wetland habitat e.. marsh, riparian and vernal pool)?
✓
7.e.
Wildlife dispersal or migration corridors?
✓
RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc
0
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
impact
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
8.a.
Conflict with adopted energy conservationplans? 1
✓
8.b.
Use non -renewal resources in a wasteful and inefficient
manner? 1,2
✓
8.c.
Result in the loss of availability of a known mineral resource
that would be of future value to the region and the residents
of the State? 1,2
✓
9. HAZARDS. Would the proposal involve:
9.a.
A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemical or radiation)? 1,2
✓
9.b.
Possible interference with an emergency response plan or
emergency evacuation Ian?
✓
9.c.
The creation of any health hazard or potential health hazard?
✓
9.d.
Exposure of people to existing sources of potential health
hazards?
✓
9.e.
Increase fire hazard in areas with flammable brush, grass, or
trees? 1
✓
10. NOISE. Would the proposal result in:
i O.a.
Increase in existing noise levels?
✓
1 O.b.
I Exposure of people to severe noise levels?
✓
11. PUBLIC SERVICES: Would the proposal have an effect
upon, or result in a need for new or altered government
Services in any of the following areas:
11.a.
Fireprotection?
✓
11.b.
Policeprotection?
✓
11.c.
Schools?
✓
11.d.
Maintenance of public facilities, including roads?
✓
11.e.
Other governmental services?
✓
12. UTILITIES AND SERVICES SYSTEMS: Would the proposal
Result in a need for new systems or supplies, or substantial
Alterations to the following utilities:
12.a.
Power or natural as?
✓
12.b.
Communications systems?
✓
12.c.
Local or regional water treatment or distribution facilities?
✓
12.d.
Sewer or septic tanks?
✓
RAP D 0/200300 Portola Road PD0\FA03 IES De Portola Road PDO.doc
6
0
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
12.e.
Storm water drainage?
✓
12.f.
Solid waste disposal?
✓
12. .
Local or regional water supplies?
✓
13. AESTHETICS. Would the proposal:
13.a.
Affect a scenic vista or scenic highway? 1,2
✓
13.b.
Have a demonstrable negative aesthetic affect?
✓
13.c.
Create light orglare?
✓
14. CULTURAL RESOURCES. Would the proposal:
14.a.
Disturb paleontological resources? 1,2
✓
14.b.
Disturb archaeological resources? 1,2
✓
14.c.
Affect historical resources? 1
✓
14.d.
Have the potential to cause a physical change which would
affect unique ethnic cultural values? 1
✓
14.e.
Restrict existing religious or sacred uses within the potential
impact area? 1
✓
15. RECREATION. Would the proposal:
15.a.
Increase the demand for neighborhood or regional parks or
other recreational facilities? 1,2
✓
15.b.
I Affect existing recreational opportunities?
✓
16. MANDATORY FINDINGS OF SIGNIFICANCE.
16.a.
Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
✓
16.b.
Does the project have the potential to achieve short-term, to
the disadvantage of long-term, environmentalgoals?
✓
16.c.
Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the effects of
past projects, the effects of other current projects, and the
effects of probable future projects).
✓
16.d.
Does the project have environmental effects which will cause
substantial adverse effects on human beings, either direct)
✓
RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc
7
Potentially
Potentially Significant Unleas less Than.
Significant Mitigation Significant No
.Impact .Incorporated Impact Impact
Issues and Supporting Information Sources
or indirectly?
Comments:
The project consists of a change in the General Plan and Zoning designations for 8 parcels to create a
transitional land use district between a very low density residential community and an office commercial area
along an arterial roadway. The proposed Planned Development Overlay (PDO) will allow some office and light
commercial uses while limiting building heights and requiring additional landscaping and building setbacks
adjacent to residentially zoned properties. These restrictions will ensure future land use compatibility with the
adjacent commercial and residentially zoned property. The project will not directly result in any land use
changes. Future new construction will receive appropriate environmental review when specific project details
are known.
The proposed project will not significantly affect the remaining:
• Air quality
• Groundwater and surface runoff
• Geologic concerns
• Biological impacts
• Energy and minerals
• Noise
• Public services
• Utilities and services
• Aesthetics
• Cultural resources
• Recreation
This project will be consistent with the adopted General Plan. This potential future land use changes are
consistent with the following General Plan policies: Noise 1.1 and 1.8, Circulation 1.2, Land Use 3.1, 3.2, and
3.3, and Community Design 31, 3.2, and 3.3. The proposal is not inconsistent with any of the remaining
policies. The proposed PDO could result in additional vehicle trips on adjacent General Plan level roadways.
Under the most extreme development scenario, it is estimated that development consistent with this PDO
could generate approximately 5,100 additional vehicle trips. If all those remaining trips are added to the
anticipated build out traffic projections to each of the four adjacent arterial road segments, the resulting traffic
volumes maintain the General Plan LOS "D" target.
As a result, the impacts of this project are not expected to be significant.
SOURCES
1. City of Temecula General Plan.
2. City of Temecula General Plan Final Environmental Impact Report.
3. City of Temecula Development Code and Official Zoning Map
RAP D 0\2003\De Portola Road PDO\EA03 IES De Portola Road PDO.doc
ATTACHMENT NO. 12
EXHIBITS
RAP D M20030e Portola Road PDO\Staff Report CC1.doc
Sean Malekzaden
Owner requesting to be included in
zone change from VL to PDO.
7
Legend
PDO
Centerline A
Parcels
100 0 100 200 FeM
Th m. a.m by tM City pTemevla caopapic
baorm Syw . yn. m.ae.m em nb.. eab
p RNeralae Cabey. T My p Ts.cWe.avn..
.enw4 ar legal r.pm Wfty br eb Mwmetlon c in
m Nia map. Dab iMarmMian rep.enbE. 01. map
are aubjW b opda oral moJiactlbn. T DaoprMh
ldwmabon SyM arM oMer aova.M Id ba O.rbE turtle
m.t wrrM In/ametlan. 1TIa map la rot brnprFt b nWa.
rlpa4pii m�viw.}vo�ega�ptlo_9. epr
0
1
5
F
0
3
De Portola Road
Planned Development Overlay District
PA03-0721
ITEM 18
CITY ATTORNEY
DIRECTOR OF FII
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/Ci C,puncil
FROM: Debbie Ubnos Director of Planning
DATE: April 13, 2004
SUBJECT: Environmental Assessment (EA) 103 — Winchester Road Widening
PREPARED BY: Emery J. Papp, AICP, Associate Planner
RECOMMENDATION: That the City Council adopt a Mitigated Negative Declaration
for EA-103, the Winchester Road Widening Project.
BACKGROUND: The Harveston Specific Plan was adopted by the City Council in August
2001. The Final EIR for the Specific Plan included Mitigation Measures to reduce the traffic
impacts caused by development of the Specific Plan. The improvements to the intersection of
Winchester Road at Jefferson Avenue were identified as a mitigation measure in the EIR. A
Development Agreement with Lennar Communities also identified the timing of these proposed
improvements. The recommended improvements for this intersection include:
1. Adding an eastbound right turn lane;
2. Adding a northbound right turn lane (dual right);
3. Convert southbound through/left to a dedicated left turn lane; and
4. Convert southbound right turn lane to a shared through and right turn lane.
As part of this project, the Public Works Department has requested adding a raised center
median on Jefferson Avenue (approximately 900 feet in length), north of Winchester Road. The
purpose of the median is to prevent left turn movements in this congested area of Jefferson
Avenue and to improve the flow of traffic. The proposed median will not require widening
Jefferson Avenue. Approximately 12 feet of landscaped area for approximately 700 linear feet
on both sides of Winchester Road will be removed as a result of this project.
R:\E A\EA103 Winchester Road Widening\CC Agenda Report 04-13-04.doc
1
ENVIRONMENTAL DETERMINATION:
This project is not exempt from CEQA and an Initial Study was prepared. While no
significant impacts were identified, Planning Staff feels that the removal of mature
landscaping along both sides of Winchester Road could have a negative impact on
aesthetics in the project area. As a result, staff recommends adding a mitigation measure
requiring that landscape construction plans be submitted with the bid package and that the
Planning Department be provided an opportunity to review and comment on the proposed
landscape plan. The public review period for the Negative Declaration was from March 24,
2004 to April 12, 2004. At the time this report was prepared, no comments had been received.
FISCAL IMPACT:
Funding for the widening project has been obtained and identified in the Capital Improvement
Program.
ATTACHMENTS:
1. Initial Environmental Study
2. Notice of Proposed Negative Declaration
3. CIP Project Description
RAE A\EA103 Winchester Road Widening= Agenda Report 04-13-04.doc
2
ATTACHMENT NO. 1
INITIAL ENVIRONMENTAL STUDY
R:\E A\EA103 Winchester Road Widening\CC Agenda Report 04-13-04.doc
3
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Environmental Checklist
Project Title
Winchester Road Widening Project
Environmental Assessment No. 103
Lead Agency Name and Address
City of Temecula
P.O. Box 9033,
Temecula, CA 92589-9033
Contact Person and Phone Number
Emery J. Papp, Associate Planner
909 694-6400
Project Location
Winchester Road, west of Jefferson Avenue; and Jefferson Avenue,
north of Winchester Road in the City of Temecula, Riverside County,
California (see attached map). The widening of Winchester Road
will affect properties with the following APNs: 909-270-019 & 020,
909-270-042 & 043, 909-281-017 & 019, 909-282-002 & 012
Project Sponsor's Name and Address
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
General Plan Designation
Winchester Road - Major Highway — 4 lanes
Jefferson Avenue - Major Highway — 4 lanes
Zoning
Not Applicable
Description of Project
The widening of eastbound and westbound Winchester Road, west
of Jefferson Avenue (approximately 700 linear feet) will provide
dedicated turn lanes to facilitate turning movements without
impeding through -traffic. This project will also construct a raised
median island (approximately 900 linear feet) on Jefferson Avenue,
north of Winchester Road.
Surrounding Land Uses and Setting
The project is within an area of the City that is built -out with
Commercial and Business Park uses. Surrounding land uses are as
follow:
East of Jefferson Ave: Commercial
West of Jefferson Ave to the:
North: Commercial and Business Park
South: Commercial
Other public agencies whose approval
None
is required
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
1
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages.
Land Use Planning
Hazards
Population and Housing
Noise
Geologic Problems
Public Services
Water
Utilities and Service Systems
Air Quality
Aesthetics
Transportation/Circulation
Cultural Resources
Biological Resources
Recreation
Energy and Mineral Resources
Mandatory Findings of Significance
✓
None
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will not
✓
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
I find that the proposed project MAY have a "potentially significant impact' or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is re uired, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Signature
Date
Emery J. PaQQ, AICP Associate Planner
Printed name
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
2
1. Land Use and Planning. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Phvsicallv divide an established community?
✓
b.
Conflict with applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
✓
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
C.
Conflict with any applicable habitat conservation plan or
✓
natural communit conservation Ian?
Comments:
a. No Impact. This project will provide for additional lanes to facilitate turn movements to/from
Winchester Road, and place a median island to prevent turn movements on Jefferson Avenue in an
established commercial/industrial area. No through -capacity will added from the construction of this
project. This project will require the removal of a portion of the landscaped areas fronting
commercial and industrial buildings to accommodate the additional turn lanes. This project will not
divide the established community.
b. No Impact. The Circulation Element of the City of Temecula General Plan contains provisions for
obtaining additional right-of-way for existing General Plan level streets at strategic locations when it
becomes necessary to do so. This project is identified in the certified Harveston Specific Plan FEIR
as a mitigation measure to address traffic impacts resulting from the construction of that project.
Implementation of this mitigation measure is required, and doing so will not conflict with any plan or
ordinance adopted by the City of Temecula. Construction of the proposed project will require that
the City of Temecula obtain additional right-of-way on Winchester Road.
C. No Impact. The landscaped areas along both sides of Winchester Road that will be removed are
areas that are part of the built environment. There are no native areas that will be disturbed as part
of this project, and none of the areas impacted by this project are located within a habitat
conservation plan or a community conservation plan area. As a result, this project will have no
impact on land use.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
3
2. POPULATION AND HOUSING. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Inco orated
Impact
Impact
a.
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
✓
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
b.
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
✓
elsewhere?
C.
Displace substantial numbers of people, necessitating the
✓
construction of replacement housing elsewhere?
Comments:
a. No Impact. The construction of road improvements is confined to an area of the City that is built
out with commercial and industrial uses. The primary purpose of the project is to provide additional
turn movement lanes to relieve congestion in the through -lanes in the area, and to prevent left turn
movements within a heavily congested section of Jefferson Avenue. This project is not expected to
induce residential and population growth in the area.
b. - c. No Impact. The construction of road improvements is confined to an area of the City that is built
out with commercial and industrial uses. This project will not displace any housing units or local
residents. This project will have no impacts on population or housing.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
4
3. GEOLOGY AND SOILS. Would the project?
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Inco orated
Impact
Impact
a.
Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
i)
Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
✓
on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii
Strong seismic ground shaking?
✓
iii
Seismic -related ground failure, including liquefaction?
✓
iv
Landslides?
✓
b.
Result in substantial soil erosion or the loss of topsoil?
✓
C.
Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
✓
and potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d.
Be located on expansive soil, as defined in Table 1801-B
of the Uniform Building Code (1994), creating substantial
✓
risks to life or property?
e.
Have soil incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
✓
where sewers are not available for the disposal of
wastewater?
Comments:
a. i-iii. Less Than Significant Impact. The construction of the proposed road improvements will be along
existing, dedicated right-of-way. Winchester Road and Jefferson Avenue are classified as four -lane
major highways. Winchester Road crosses the Wildomar Fault zone to the west of Jefferson
Avenue. Jefferson Avenue is within the fault zone. However, widening the roadway and
constructing raised median islands will not increase the probability of a seismic event along the
Wildomar fault. The new turn lanes and median will be designed and constructed using best
management practices to reduce potential damage from occurring during a seismic event. The
proposed project will not expose people or structures to any significant impacts or effects caused by
geology or soils beyond those already present and evaluated in the Master Environmental
Assessment and Final EIR for the City of Temecula General Plan. No additional mitigation is
required.
a. iv. No Impact. The proposed project is within an area that is relatively flat. There are no hillsides in
proximity to the project site and, therefore, this project will not expose people or property to the risk
of landslides.
b. No Impact. The construction of the proposed road improvements will require the removal of
existing landscaping and topsoil to allow for an aggregate base and the widening of the existing
road surface. The project will not cause soil erosion or the substantial loss of topsoil.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.dcc
5
C. Less Than Significant Impact. The construction of the proposed road improvements will be along
existing, dedicated right-of-way. Winchester Road and Jefferson Avenue are classified as four -lane
major highways. The road segments for this project are within an area identified in the City of
Temecula General Plan as a Liquefaction Hazard Area. However, widening the roadway and
constructing raised median islands will not increase the probability of liquefaction occurring in the
project area. The new turn lanes and median will be designed and constructed using best
management practices to reduce potential damage from occurring in the event liquefaction occurs.
The proposed project will not expose people or structures to any significant impacts or effects
caused by geology or soils beyond those already present and evaluated in the Master
Environmental Assessment and Final EIR for the City of Temecula General Plan. No additional
mitigation is required.
d. No Impact. The USDA Soil Survey for Riverside Area, California indicates that the underlying soils
are of the Grangeville series, which are primarily fine sandy loams over course, gravelly sand.
Clayey soils are not present and, therefore, the project is not located on expansive soils.
e. No Impact. The project area is served by existing wastewater and storm water collection and
conveyance systems capable of supporting the area. No septic systems exist or are proposed in
the project area.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
6
4. HYDROLOGY AND WATER QUALITY. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Violate any water quality standards or waste discharge
✓
requirements?
b.
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
✓
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
C.
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
✓
stream or river, in a manner, which would result in
substantial erosion or siltation on- or off -site?
d.
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
✓
amount of surface runoff in a manner that would result in
flooding on- or off -site?
e.
Create or contribute runoff water that would exceed the
capacity of existing or planned storm water drainage
✓
systems or provide substantial additional sources of
polluted runoff?
f.
Otherwise substantially degrade water quality?
✓
g.
Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or /Flood
✓
Insurance Rate Map or other flood hazard delineation
map?
In.
Place within a 100-year flood hazard area structures that
✓
would impede or redirect flood flows?
i.
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
✓
result of the failure of a levee or dam?
j.
Inundation by seiche, tsunami, or mudflow?
✓
Comments:
a. —j. No Impact. The construction of road improvements will not substantially alter the existing drainage
pattern of the area, or contribute runoff water that would exceed the capacity of the existing storm drain
system. The proposed road improvements are not expected to affect hydrology or water quality
standards beyond current roadway runoff levels. The improvements will not expose people or property
to any new significant impacts or effects caused by flooding. As a result, no significant impacts are
expected to occur.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
7
5. AIR QUALITY. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Conflict with or obstruct implementation of the applicable
✓
air quality plan?
b.
Violate any air quality standard or contribute substantially
✓
to an existing or projected air quality violation?
C.
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non -
attainment under an applicable federal or state ambient
✓
air quality standard (including releasing emissions that
exceed quantitative thresholds for ozoneprecursors?
d.
Expose sensitive receptors to substantial pollutant
✓
concentrations?
e.
Create objectionable odors affecting a substantial number
✓
of people?
Comments:
a. No Impact. The construction of road improvements will have no impact on existing air quality plans or
monitoring plans.
b. Less Than Significant Impact. The construction of road improvements will have temporary effects on
air quality. Construction activities will have the potential to create fugitive dust. However, construction
and earth -moving activity will require adequate watering to reduce the potential for dust. Also, asphalt
paving will cause volatile organic compounds to be released into the air. Approximately 627 tons of
asphalt concrete will be needed for the widening project. However, because of the relative small
amount of new roadway surface (less than one -quarter mile) and the temporary impact of the release of
VOCs, this impact is considered to be less than significant.
c. No Impact. The construction of road improvements will have temporary effects on air quality.
However, construction activities are unavoidable and will not result in a long-term cumulatively
considerable net increase of any criteria pollutant.
d. No Impact. There are no sensitive receptors in proximity to the project area.
e. No Impact. This project will not create objectionable odors affecting a substantial number of people.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
8
6. TRANSPORTATION/TRAFFIC. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Intonation Sources
Impact
Incorporated
Impact
Impact
a.
Cause an increase in traffic that is substantial in relation
to the existing traffic load and capacity of the street
system (i.e., result in a substantial increase in either the
✓
number of vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections?
b.
Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
✓
management agency for designated roads or highways?
C.
Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
✓
results in substantial safety risks?
d.
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
✓
incompatible uses (e.g., farm equipment)?
e.
Result in inadequate emergency access?
✓
f.
Result in inadequate parking capacity?
✓
g.
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
✓
bicycle racks?
Comments:
a. No Impact. This project will provide for additional lanes to facilitate turn movements to/from
Winchester Road, and place a median island to prevent turn movements on Jefferson Avenue in an
established commercial/industrial area. No through -capacity will added from the construction of this
project. The proposed improvements are consistent with the General Plan Circulation Element
requirements for a four -lane major highway and are not expected to attract additional vehicle trips to the
area. Once constructed, the new turn lanes will facilitate turning movements at the intersection which
will relieve congestion, improving capacity at the intersection. No additional impacts are anticipated as
a result of this project.
b. No Impact. Implementation of this project will lead to a slight incremental improvement in overall level
of service at this intersection.
c. No Impact. Implementation of this project will not have an impact on air traffic patterns.
d. No Impact. Implementation of this project will not increase hazards. The construction of dedicated
turn lanes and a median island will better direct traffic to help avoid vehicular accidents.
e. No Impact. Implementation of this project will lead to a slight incremental improvement in overall level
of service at this intersection. This could conceivably improve emergency vehicle access and response
times.
f. No Impact. Implementation of this project will not affect existing off-street parking.
g. No Impact. Implementation of this project will not conflict with adopted policies, plans, or programs
supporting alternative transportation.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
9
7. BIOLOGICAL RESOURCES: Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
✓
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
b.
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, and regulations or by the
✓
California Department of Fish and Game or US Fish and
Wildlife Service?
C.
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
✓
coastal, etc.) through direct removal, filing, hydrological
interruption, or other means?
d.
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
e.
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
✓
ordinance?
f.
Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community Conservation
✓
Plan, or other approved local, regional, or state habitat
conservation Ian?
Comments:
a. — f. The construction of road improvements will not significantly affect biological resources. The proposed
project will place impervious surfaces on existing road right-of-way. The project will permanently
remove some man-made landscaped areas along the sides of the existing roads, but there is no
suitable habitat in these areas for wildlife. The existing right-of-way is established and there are no
threatened or endangered species that would be impacted by this project.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
10
8. MINERAL RESOURCES. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Im act
Impact
a.
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b.
Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use Ian?
Comments:
a. — b. The construction of road improvements will not consume any non-renewable resources in a wasteful
manner. The project will not reduce regional or locally important resources. As a result, no impacts to
energy or mineral resources are expected to occur from this project.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
11
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and SupportinQ Information Sources
Impact
Incorporated
Impact
Impact
a.
Create a significant hazard to the public or the
environment through the routine transportation, use, or
✓
disposal of hazardous materials?
b.
Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
✓
accident conditions involving the release of hazardous
materials into the environment?
C.
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
✓
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
d.
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
✓
would it create a significant hazard to the public or the
environment?
e.
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles or a public airport or public use airport, would the
✓
project result in a safety hazard for people residing or
working in the project area?
f.
For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
✓
working in the project area?
g.
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
✓
evacuation Ian?
h.
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
✓
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Comments:
a. — h. The construction of road improvements will not expose area residents to any new hazards or
hazardous materials not already transported through this area or found in adjacent neighborhoods.
The project could feasibly result in a slight reduction of hazards by creating a safer route through the
project area with the creation of dedicated turn lanes and raised median islands. The project is not
located within the safety area for any public or private airports. As a result, no impacts are expected
from this project.
RAE A\EA103 Winchester Road Widening\FA 103 Winchester Rd. Widening.doc
12
10. NOISE. Would the project result in:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Exposure of people to severe noise levels in excess of
standards established in the local general plan or noise
✓
ordinance, or applicable standards of other agencies?
b.
Exposure of persons to or generation of excessive
✓
roundborne vibration or groundborne noise levels?
C.
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
✓
ro.ect?
d.
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
✓
without theproject?
e.
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
✓
project expose people residing or working in the project
area to excessive noise levels?
f.
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
✓
project area to excessive noise levels?
Comments:
a. No Impact. The construction of road improvements will not significantly impact noise in the project
area. Some additional construction -related noise is expected to occur while the project is being
constructed. However, these impacts will be of relatively short duration and will largely be confined to
daylight hours when businesses in the area are less likely to be bothered or affected.
b. Less Than Significant Impact. The construction of roadway improvements will result in a short-term
temporary increase in the amount of noise and vibration. However, no significant impacts or long-term
impacts are anticipated.
c. No Impact. Traffic levels are not expected to increase and, therefore, noise from traffic is not expected
to increase. No new noise impacts are expected to occur as a result of vehicular traffic.
d. Less Than Significant Impact. The construction of roadway improvements will result in a short-term
temporary increase in the amount of noise and vibration. However, no significant impacts or long-term
impacts are anticipated.
e. No Impact. The project is not within an airport land use plan or within two miles of an existing public
airport.
f. No Impact. The project is not within an airport land use plan or within two miles of an existing private
airport or airstrip.
RAE A\EA103 Winchester Road Widening\FA 103 Winchester Rd. Widening.doc
13
11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or
altered Government services in any of the following areas:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Would the project result in substantial adverse physical
impacts associates with the provisions of new or
physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction
of which could cause significant environmental impacts,
in order to maintain acceptable service ratios, response
times or other performance objectives for any of the
public services?
b.
Fireprotection?
C.
Policeprotection?
d.
Schools?
e.
Parks?
f.
Other public facilities?
Comments:
a. — I. No Impact. The construction of road improvements will not affect the demand for, or adversely effect,
public services. However, this project may result in a small incremental increase in road maintenance
and landscape maintenance costs. The project is also expected to provide an incremental
improvement in the provision of police, fire and ambulance services by improving traffic flow and
reducing potential response times. As a result, no effects are expected from this project.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.cim
14
12. UTILITIES AND SERVICE SYSTEMS: Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Exceed wastewater treatment requirements of the
✓
applicable Regional Water Quality Control Board?
b.
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
✓
facilities, the construction of which could cause significant
environmental effects?
C.
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
✓
construction of which could cause significant
environmental effects?
d.
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
✓
new or expanded entitlements needed?
e.
Result in a determination by the wastewater treatment
provider that serves or may serve the project that it has
adequate capacity to serve the project's projected
✓
demand in addition to the provider's existing
commitments?
f.
Be served by a landfill with sufficient permitted capacity to
✓
accommodate the roject's solid waste disposal needs?
g.
Comply with federal, state, and local statutes and
✓
regulations related to solid waste?
Comments:
a. — g. No Impact. The construction of road improvements will not affect existing public utilities or service
systems. The project is expected to tie into and to use the existing storm runoff system serving this
area. As a result, no significant impacts are expected from this project.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
15
13. AESTHETICS. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Issues and Supporting Information Sources
Significant
Impact
Mitigation
Incorporated
Significant
Impact
No
Impact
a.
Have a substantial adverse effect on a scenic vista?
✓
b.
Substantially damage scenic resources, including, but not
limited to, trees, rock outcropping, and historic building
✓
within a state scenic highway?
C.
Substantially degrade the existing visual character or
quality of the site and its surroundings?
✓
d.
Create a new source of substantial light or glare that
would adversely affect day or nighttime views in the
✓
area?
Comments:
a. No Impact. There are no scenic vistas or scenic resources within the proposed project area.
b.-c. Less Than Significant Impact. The construction of road improvements will have a temporary affect
on views in the area. Mature trees and other landscaping will need to be removed during construction.
After road construction is complete, the landscaping will be replaced with like or similar species in the
remaining landscaped areas. There are no roads in the project area that have been designated as a
scenic roadway.
As a result of the landscaping removal, City Staff recommends adding the following mitigation measure:
Mitigation Measure 13.1. The Public Works Department require that landscape construction plans be
submitted with the bid package and that the Planning Department be provided an opportunity to review
and comment on the proposed plans to ensure adequate and compatible replacement of the
landscaping to be removed.
d. No Impact. There will be no increase in the amount of street lighting and, therefore, there will be no
impacts associated with glare. As a result, no significant impacts are anticipated.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
16
14. CULTURAL RESOURCES. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Intonation Sources
Impact
Incorporated
Impact
Impact
a.
Cause a substantial adverse change in the significance of
a historical resource as defined in Section 1506.5?
b.
Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 1506.5?
C.
Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d.
Disturb any human remains, including those interred
outside of formal cemeteries?
Comments:
a. — d. No Impact. The roadway and shoulder areas of the project area have been extensively graded and
maintained for years and the discovery of cultural resources is not expected to occur in such highly
disturbed soil conditions. As a result, no impacts are anticipated.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
17
15. RECREATION. Would the project:
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b.
Does the project include recreational facilities or require
the construction or expansion of recreational facilities that
might have an adverse physical effect on the
environment?
Comments:
a. — b. No Impact. The widening of Winchester Road and the construction of median islands on Jefferson
Avenue will not affect the demand for, or adversely affect, recreational facilities. As a result, no impacts are
expected from this project.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
18
16. MANDATORY FINDINGS OF SIGNIFICANCE.
Potentially
Potentially
Significant Unless
Less Than
Significant
Mitigation
Significant
No
Issues and Supporting Information Sources
Impact
Incorporated
Impact
Impact
a.
Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number of
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
b.
Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable futureprojects?)
C.
Does the project have environmental effects that will
cause substantial adverse effects on human beings,
either directly or indirectly?
Comments:
a. No Impact. The project area is not located within an area having the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,
reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or prehistory. The project area is within an
established commercial/industrial area. The project will permanently remove some man-made
landscaped areas along the sides of the existing roads, but there is no suitable habitat in these areas
for wildlife. The existing right-of-way is established and there are no threatened or endangered species
that would be impacted by this project.
b. No Impact. The widening of Winchester Road for dedicated turn lanes and the construction of median
islands on Jefferson Avenue will meet current and future traffic and circulation needs within the project
area west of Interstate 15. The need to widen Winchester Road was identified in the approved
Harveston Specific Plan (Harveston). These improvements were anticipated in the Harveston EIR and
the timing of construction was identified in a Development Agreement with the City. Residential units
are currently being constructed in Harveston, therefore, the construction of road improvements are
necessary at this time.
c. No Impact. The cumulative impacts of the ultimate build -out for the project area (to General Plan
standards) were addressed in the City General Plan and Final EIR that were adopted in November of
1993. This project will provide benefits that outweigh any potential impacts associated with the
construction of the project. The project will not have environmental effects that will cause substantial
adverse effects on human beings, either directly or indirectly and, therefore, a Negative Declaration is
proposed for this project.
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
19
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a.
Earlier analyses used. Identify earlier analyses and state where they are available for review.
b.
Impacts adequately addressed. Identify which affects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
C.
Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated,"
describe the mitigation measures that were incorporated or refined from the earlier document and the
extent to which they address site -specific conditions for the project.
The City of Temecula General Plan and the Environmental Impact Report for the City General Plan are
available for review at the public counter of the Planning Department located at 43200 Business Park Drive in
Temecula.
SOURCES
1. City of Temecula General Plan (November 9, 1993)
2. City of Temecula General Plan Final Environmental Impact Report (November 9, 1993)
3. Harveston Specific Plan
4. Harveston Specific Plan EIR
5. Harveston Specific Plan Development Agreement
RAE A\EA103 Winchester Road Widening\EA 103 Winchester Rd. Widening.doc
20
EA 103 PROJECT AREA
Proposed Media
Proposed Widenin
Legend N
® Affected Parcels W E
Parcels
Highways S
• v
Streets
O City Boundary
400 0 400 800 1200 1600 2000 2400 Feet
ATTACHMENT NO. 2
Notice of Proposed Negative Declaration
RAE ATA103 Winchester Road Widening= Agenda Report 04-13-04.doc
4
City of Temecula
Planning Department Notice of Proposed Negative Declaration
PROJECT: Winchester Road Widening — Environmental Assessment No. 103
APPLICANT: City of Temecula
LOCATION: Winchester Road, west of Jefferson Avenue; and Jefferson Avenue, north of
Winchester Road in the City of Temecula, Riverside County, California (see
attached map). The widening of Winchester Road will affect properties with the
following APNs: 909-270-019 & 020, 909-270-042 & 043, 909-281-017 & 019, 909-
282-002 & 012
DESCRIPTION: The widening of eastbound and westbound Winchester Road, west of Jefferson
Avenue (approximately 700 linear feet) will provide dedicated turn lanes to facilitate
turning movements without impeding through -traffic. This project will also construct
a raised median island (approximately 900 linear feet) on Jefferson Avenue, north
of Winchester Road.
The City of Temecula intends to adopt a Negative Declaration for the project described above. Based
upon the information contained in the attached Initial Environmental Study and pursuant to the
requirements of the California Environmental Quality Act (CEQA); it has been determined that this project
as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the
City Council intends to adopt a Negative Declaration for this project.
There are no mitigation measures required to reduce or mitigate the impacts of this project on the
environment.
The Comment Period for this proposed Negative Declaration is March 24, 2004 to April 12, 2004. Written
comments and responses to this notice should be addressed to the contact person listed below at the
following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at
43200 Business Park Drive.
The public notice of the intent to adopt this Negative Declaration is provided through:
X The Local Newspaper. _ Posting the Site. X Notice to Adjacent Property Owners.
If you need additional information or have any questions concerning this project, please contact EmeryJ.
Papp, Associate P m%r at (90 69 6400.
Prepared by: Emery J. Papa, AICP, Associate Planner
( ' nat re) I I (Name and Title)
RAE A\EA103 Winchester Road WideningWOTICE OF PROPOSED NEGATIVE DECLARATION.doc
1
City of Temecula
Planning Department Agency Distribution List
PROJECT: Winchester Road Widening - Environmental Assessment No. 103
DISTRIBUTION DATE: March 24, 2004 to April 12, 2004 CASE PLANNER: Emery J. Papp
CITY OF TEMECULA:
Building & Safety ..................................... ( )
Fire Department .................................... ( X )
Police Department ................................ (X )
Parks & Recreation (TCSD) .................. (X )
Planning, Advance .................................. ( )
Public Works ......................................... (X )
STATE:
Caltrans..................................................
Fish& Game ..........................................
Mines & Geology ....................................
Regional Water Quality Control Board...
State Clearinghouse ..............................
State Clearinghouse (15 Copies)...........
Water Resources ...................................
FEDERAL:
Army Corps of Engineers ........................
Fish and Wildlife Service .........................
REGIONAL:
Air Quality Management District .............. ( )
Western Riverside COG ......................... ( )
CITY OF MURRIETA:
Planning..................................................
RIVERSIDE COUNTY:
Clerk of the Board of Supervisors............ ( )
Airport Land Use Commission .................( )
Engineer..................................................( )
Flood Control ........................................ (X )
Health Department ..................................( )
Parks and Recreation ..............................( )
Planning Department ...............................( )
Habitat Conservation Agency (RCHCA) .. ( )
Riverside Transit Agency .........................( )
UTILITY:
Eastern Municipal Water District...........
(X )
Inland Valley Cablevision ......................
(X )
Rancho CA Water District .....................
(X )
Southern California Gas .......................
(X )
Southern California Edison ...................
(X )
Temecula Valley School District ..............(
)
Metropolitan Water District ......................(
)
OTHER:
Pechanga Indian Reservation ............... (X )
Eastern Information Center ..................... ( )
Local Agency Formation Comm .............. ( )
RCTC...................................................... ( )
Homeowners' Association ........................( )
R:\E A\EA103 Winchester Road Widening\NOTICE OF PROPOSED NEGATIVE DECLARATION.doc
2
ATTACHMENT NO. 3
CIP Project Description
RAE XEA103 Winchester Road Widening= Agenda Report 04-13-04.doc
5
W
A
U
ti
D
�
U "
'y
U�
U
R
O
u
o ^
C�.
O °
fp1
i o
.+ p
N
b
U O
W
N
Cd
W
b '1
U
O
°
h
p
O
O
U
ViVF/F/A1 O
G
�
Q
00 p
N
O
� N
b Q
G
m
d
yI Y`
Q.I
u
Q
Pi Pi
q A
G
v�
F
y
v
o
0
0
M
O
N
N
l-
8
O
'C
C-
h
vi
613
cn
wi
ss
es
0
0-
N
�b
N
O
O
N
O
N
O
O
O
O
O
0
0
0
O
O
V
C
M
O
N
N
h
N
H
d
b
CD
0
O
A
N
vj
es
ss
sv
• O
N
W
0
U
p
q
U
a
y
�q
'�
O
O
'U7
❑❑
0.�F
d�UAFF
Wv°�
ITEM 19
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Shawn Nelson, City Manager
DATE: April 13, 2004
SUBJECT: Opposition of SB 744 (Dunn). Planning: Housing. (At the request of
Mayor Naggar)
PREPARED BY: Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA OPPOSING SENATE BILL 744 (DUNN)
WHICH TRANSFERS LOCAL LAND USE AUTHORITY
TO THE STATE ALLOWING THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD) THE AUTHORITY TO
OVERRULE LOCAL DECISIONS
BACKGROUND: At the request of Mayor Naggar, the City of Temecula is opposing SB 744
(Dunn), because the bill gives the California Department of Housing and Community
Development (HCD) the authority to overturn local land use decisions after hearing appeals
from housing development applicants who were previously denied approval or granted approval
with conditions by a local agency. HCD is empowered to overrule local decisions that it views
as "not reasonable or consistent with local housing needs."
This measure significantly increases the leverage of developers over local communities, by
authorizing a developer to attempt an "end -run" around any local conditions imposed on a
housing development that has been approved at the local level. A developer could seek to
overturn any local conditions, if the Department decides that the local conditions are "not
reasonable." The Department is empowered to "order" the local agency to modify or remove
any such condition, and the developer and panel can enforce this decision in court.
This measure is a clear transfer of local land use authority to the state, and places the interests
of developers over the interests of the communities and their elected representatives. Under
this legislation, even if the conditions imposed by a local government are legally valid, they may
still be overturned based upon a political decision by the Department.
Besides the loss of local authority, this level of state oversight is unwarranted. Developers who
believe that a local government has unjustly treated their projects currently have recourse to the
courts under Anti-Nimby Law [Section 65589.5 of the Government Code].
In staff's opinion, SB 744 seeks to empower developers to overturn locally imposed conditions,
but ignores the affects of recent state -imposed conditions such as prevailing wage requirements
which can increase the costs of affordable housing by over 20 percent.
This bill has passed the Senate Floor and is now in the Assembly where it will likely be assigned
to the Assembly Housing and Community Development Committee. It is also quite possible that
this bill will be "double referred" meaning it will be heard by both the Housing Committee and the
Local Government Committee.
Senator Hollingsworth is a Principal co-author and is one of two republican Senators who
supported this bill. The City was not contacted by Senator Hollingsworth's Office in advance of
the introduction of this bill. Should the City Council elect to take a position of opposition on SIB
744, letters will be prepared to be sent to the above -mentioned committees as well as Senator
Hollingsworth and Senator Dunn.
FISCAL IMPACT: None
ATTACHMENTS: Resolution No. 04-
RESOLUTION NO.04-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA OPPOSING SENATE BILL 744
(DUNN) WHICH TRANSFERS LOCAL LAND USE
AUTHORITY TO THE STATE ALLOWING THE
CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD) THE
AUTHORITY TO OVERRULE LOCAL DECISIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, Senate Bill 744 gives the California Department of Housing and
Community Development (HCD) and Developers the power to determine conditions for approval
of local projects - even in cases where a local government has already approved a project in
accordance with the law; and
WHEREAS, Senate Bill 744 empowers HCD to hear appeals from developers, whose
projects were approved with conditions or additional requirements, effectively encouraging a
them to attempt an end -run" around any local conditions imposed on a housing development
that has been approved at the local level; and
WHEREAS, Senate Bill 744 gives the Department discretion to decide that the conditions
or requirements imposed by the local government render the provision of housing "infeasible" or
,.not reasonable or consistent with meeting local housing needs," and to order the local agency
to modify or remove any such condition or requirement and to issue any necessary permit or
approval; and
WHEREAS, even in cases where conditions imposed by local government are legally
valid, they may still be overturned based upon a political decision by the Department under this
legislation; and
WHEREAS, Senate Bill 744 also gives HCD and Developers the power to overtum
legally valid local government decisions to deny a project if the Department considers the local
agency decision unreasonable or inconsistent with meeting local housing needs; and
WHEREAS, Senate Bill 744 is duplicative and unnecessary because developers who
believe that a local government has unjustly treated their projects already have recourse to the
courts under Anti-Nimby Law [Section 65589.5 of the Government Code]; and
WHEREAS, Senate Bill 744 fails to recognize that recent state -imposed conditions such
as prevailing wage requirements have a serious impact on housing cost and can increase the
costs of affordable housing by over 20 percent.
WHEREAS, the League of California Cities and other California cities are strongly opposed
to Senate Bill 744.
Resos\99-88
NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Temecula opposes SB
744 (Dunn), regarding the preemption of local land use authority by the California Department of
Housing and Community Development.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 13th day of April, 2004.
Mike Naggar, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution
No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular
meeting thereof held on the 13th day of April, 2004, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
Resos\99-88
ITEM 20
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Herman D. Parker, Director of Community Services
DATE: April 13, 2004
SUBJECT: Veteran's Memorial
RECOMMENDATION: That the City Council:
1) Approve the Temecula Duck Pond as the location for the installation of the Veteran's
Memorial.
2) Approve the conceptual Master Plan for the Veteran's Memorial entitled "Letters
Home" created by artist Chistopher Pardell.
3) Approve the agreement between the City of Temecula and the artist Christopher
Pardell for the design, artistic development and sculpture elements of the Veteran's
Memorial entitled "Letters Home" in an amount of $178,307 with a 10% contingency
of $17,831.
4) Appropriate an additional amount of $110,435 from General Fund Undesignated
Fund Balance to the Veteran's Memorial project.
BACKGROUND: In June of 2003 the City Council approved a project in the City's CIP to
design and construct a Veteran's Memorial at a park site within the City of Temecula to honor
veterans who have served in conflict and served our Country. In July of 2003 the Community
Services Department released an RFQ calling for artist with experience in the design, development
and construction of public art. The RFQ was mailed to over 35 artist across the country. Through
an evaluation and interview process, which involved community input, the City Council sub-
committee selected a proposal from Christopher Pardell entitled "Letters Home' as the Veterans
Memorial to be installed here in the City.
The sub -committee working with staff held meetings with the local VFW to gather their input and
also the American Legion. A community workshop was also held to gather community input with
regards to how the monument should look and what it should contain. The proposals from two (2)
artists finalist were posted on the City's website for review and comment from the general public for
approximately 8 weeks. Several residents voiced their input and comments and a great deal of
support was gathered for this project. The recommended artwork depicts a soldier sitting in a
bunker made of sand bags, his gun resting at his side, taking a quiet moment to reflect as he writes
a letter home. The scale of the piece is intended to convey that soldiers are not heroic in stature nor
aspiration -they are our neighbors, they are like us. The words of their letters home convey their
RAZIGLERG\RECORD&REPORnO41304 CC Veterans Memorial.doc
similarity to us, their hopes and dreams, to ours. They are not larger than life figures; they are real
people who suffer and sacrifice for the benefit of us all.
The life-size bronze statue is surrounded by seat walls and display actual letters that soldiers from
various American conflicts have written home. A single tree is planted within a retaining wall with a
plaque that reads Liberty Tree. Low level lighting illuminates a brick paver pathway of approximately
eight (8) steps leading up to the monument area. These brick pavers are intended to be available
for the public to purchase and recognize a member of their family who served in one of the branches
of the U.S. military. Embedded in the north facing terrace wall are five (5) bronze emblems
representing each branch of the U.S. military.
The memorial is designed to be installed into the west facing slope of the Temecula Duck Pond, just
below Pat and Oscar's Restaurant. It is designed to aesthetically fit into the serene environment
that exists at our Temecula Duck Pond.
The City of Temecula Public Works department will administer the construction and development of
the hardscape and landscape for the monument.
FISCAL IMPACT: The scope of service for the design, artistic development and
sculpture elements of this project is $178,307 with a 10% contingency of $17,831. An additional
$110,435 of General Fund Undesignated Fund Balance is needed for this project to cover the cost
of administration, landscape and hardscape, engineering and construction of retaining walls,
irrigation and brick paver pathways.
ATTACHMENTS: Artist Agreement
Artist Rendering
R:\ZIGLERG\RECORDS\REPORT\041304 CC Veterans Memorial.doc
CITY OF TEMECULA
AGREEMENT FOR
DESIGN AND CREATION OF A VETERANS' MEMORIAL
THIS AGREEMEMT is made and entered into as of April 13, 2004, by
and between the City of Temecula ("City"), and Christopher Pardell ("Artist"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. RECITALS. This Agreement is made with respect to the following facts
and purposes, each of which is acknowledged as true and correct by the parties.
a. The City Council advertised for artists to prepare a design and
conceptual representations for a Veteran's Memorial to be built in the City's Duck
Pond Park.
b. Proposals were submitted as part of the artistic competition and the
City Council chose the Artist's design for the Veteran's Memorial.
C. The Artist's design includes substantial elements of art and
sculpture in the Veteran's Memorial which constitute the bulk of the physical
works to be installed on the Site. The artistic and sculptural aspects of the
Veteran's Memorial are an integral part of the Memorial and cannot be
constructed and installed without the personal work of the Artist and the closed
coordination of the construction of the hardscape portions of the Work with
artistic and creative design review of the Artist.
d. Based on the findings set forth above, the City Council hereby
finds and determines that the method of selecting the Artist for the Veteran's
Memorial has enabled the City to obtain excellent bids from qualified Artists who
can create the artistic elements of the Veteran's Memorial and closed supervise
and manage the construction of these artistic elements in accordance with
applicable Building Codes and City Standards for the protection of the public
health, safety and general welfare. The City Council further finds and determines
that based upon the findings set forth above, full compliance with the otherwise
applicable requirements of the Public Contracts Code would be unavailing, would
not produce an advantage for the City, and would thus be undesirable,
impractical, and impossible. The City's authority to proceed with the structural
renovation in this manner was established in Graydon v. Pasadena
Redevelopment Agency et al. (1980) 104 Cal. App. 2"d 631 and the cases cited
therein and subsequent to this decision.
RAZIGLERG\XAGREEMN\Veterans Memorial AgrQement Pardell.DOC
2. SCOPE OF ARTISTIC WORK Artist shall construct and install all of
the work described in the Scope of Work, attached hereto and incorporated herein as
Exhibit A. ("Artistic Work") and shall provide and furnish all the labor, materials,
necessary tools, expendable equipment, and all utility and transportation services required
for the Artistic Work. City shall be responsible for construction of the concrete,
landscaping, irrigation and electrical work required for the Veterans Memorial, as
described in Exhibit B ("Hardscape Work") with the Artist closely supervising and
coordinating the Hardscape Work so as to implement the Veterans Memorial design and
preserve the artistic and creative elements of the Veterans Memorial design. The Artistic
Work shall be completed within the time set forth in this Agreement. Artist shall not
commence the Artistic Work until such time as directed in writing by the City. Exhibits
A and B are attached hereto and incorporated herein as though set forth in full.
3. COST OF ARTISTIC WORK. For the Artistic Work described in
Section 2 of this Agreement Artist shall receive the sum of one hundred seventy-eight
thousand three hundred seven dollars ($178,307.00) payable in accordance with the
Schedule of Payments, attached hereto and incorporated herein as Exhibit C.
4. PERFORMANCE. Artist shall at all times faithfully, competently and to
the best of his ability, experience, and talent, perform all tasks described herein. Artist
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Artist hereunder in
meeting its obligations under this Agreement.
5. CITY APPROVAL. All plans and specifications for the Artistic Work
shall be approved by the Director of Community Services. All labor, materials, tools,
equipment, and services shall be furnished and work performed and completed subject to
the approval of the Director of Community Services. The quality of the workmanship
shall be guaranteed for one year from date of acceptance.
6. CHANGE ORDERS. The City Manager may approve change orders and
additional payment not to exceed ten percent (10%) of the contract amount without
further approval of the City Council. Change orders exceeding these limits shall be
approved by the City Council.
7. WAIVER OF CLAIMS. On or before making final request for payment
under Paragraph 2., above, Artist shall submit to City, in writing, all claims for
compensation under or arising out of this contract; the acceptance by Artist of the final
payment shall constitute a waiver of all claims against City under or arising out of this
Contract except those previously made in writing and request for payment. Artist shall
be required to execute an affidavit, release and indemnify agreement with each claim for
payment.
RAZIGLERG\XAGREEMN\Veterans Memorial AgrQament Pardell.DOC
8. PREVAILING WAGES. To the extent Artist engages in any work
subject to prevailing wage requirements pursuant to the provisions of Section 1773, et
seq., of the Labor Code of the State of California, Artist shall pay the applicable
prevailing wages in accordance with law. Pursuant to Section 1773 of the Labor Code,
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 Artist 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. Artist shall post a copy of such wage rates
at the job site and shall pay the adopted prevailing wage rates as a minimum. Artist shall
comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of
the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Artist shall forfeit
to the City, as a penalty, the sum of $50.00 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.
9. 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 Artist at
least ten (10) days prior written notice. Upon receipt of said notice, the Artist 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 Artist the actual value of the work performed up to the time of
termination. Upon termination of the Agreement pursuant to this Section, the Artist will
submit a final invoice to the City detailing the work performed to the date of the
termination.
10. DEFAULT OF ARTIST.
a. The Artist's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Artist is in default for cause under
the terms of this Agreement, City shall have no obligation or duty to continue
compensating Artist for any work performed after the date of default and can terminate
this Agreement immediately by written notice to the Artist. If such failure by the Artist
to make progress in the performance of work hereunder arises out of causes beyond the
Artist's control, and without fault or negligence of the Artist, it shall not be considered a
default.
b. If the City Manager or his delegate determines that the Artist is in
default in the performance of any of the terms or conditions of this Agreement, it shall
R:\ZIGLERG\XAGREEMN\Veterans Memorial Agr*ment Pardell.DOC
serve the Artist with written notice of the default. The Artist 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 Artist 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.
11. INDEMNIFICATION. The Artist agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and
against any and all claims, demands, losses, defense costs or expenses, or liability of any
kind or nature which the City, its officers, agents and employees may sustain or incur or
which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Artist's negligent or wrongful acts or omissions in performing or
failing to perform under the terms of this Agreement, excepting liability arising out of
the wrongful conduct or negligence of the City.
12. LIABILITY INSURANCE. Artist 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 Artist, its contractor, subcontractors, agents, representatives, or
employees. Within ten (10) days of the signing of this Agreement by Artist and the City,
Artist shall provide the City with evidence of the required insurance as provided in this
Paragraph.
as:
a. Minimum Scone of Insurance. Coverage shall be at least as broad
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State
of California and Employer's Liability Insurance. Worker's
compensation insurance shall be required only if Artist
employs persons as defined by the Workers Compensation
Law. To the extent Artists employs no persons, he shall
certify such fact to the Director of Community Services and
shall not be required to obtain Workers Compensation and
Employer's Liability Insurance.
(4) Design engineers or architects preparing plans and
specifications for the project shall have profession liability
insurance with policy limits of $1 million per claim and in
the aggregate.
RAZIGLERGAAGREEMNWeterans Memorial Agr4ement Pardell.DOC
than:
b. Minimum Limits of Insurance. Artist shall maintain limits no less
(1) General Liability: One million dollars ($1,000,000) per
occurrence 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: Five hundred thousand dollars
($500,000) per accident for bodily injury and property
damage.
(3) Employer's Liability: One million dollars ($1,000,000) per
accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City Manager. At the option
of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects the City, its officers, officials, employees and volunteers; or
the Artist shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Artist;
products and completed operations of the Artist; premises
owned, occupied or used by the Artist; or automobiles
owned, leased, hired or borrowed by the Artist. 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 Artist's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any
insurance or self -insured maintained by the City, its
officers, officials, employees or volunteers shall be excess
of the Artist's insurance and shall not contribute with it.
R:\ZIGLERGUCAGREEMN\Veterans Memorial Agr66ament Pardell.DOC
(3) Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not
affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) The Artist's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to
the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the
City.
f. Verification of Coverage. Artist 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 Artist's insurer may provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these
specifications.
g. Artist, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which
requires every employer to be insured against liability for Workman's
Compensation or undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of the work of this Contract."
13. COMPLETION DATE: LIOUIDATED DAMAGES. Time is of the
essence in this Contract. Contractor agrees to complete the Artistic Work by November
10, 2004, unless extended by the Director of Community Services. In the event the
Artistic Work is not completed by said date, Artist shall pay to the City the sum of five
hundred dollars per day as liquidated damages. Artist acknowledges and agrees that the
City's actual damages for its failure to complete the Artistic Work by said date will be
difficult if not impossible to calculate and that Artist agrees that the amount of the
liquidated damages is a fair and reasonable amount given the nature of the Artistic Work
being performed and the needs of the City. Artist shall not be responsible for delays
R: ZIGLERG\XAGREEMN\Veterans Memorial Ag Bement Pardell.DOC
beyond his reasonable control or delays cause by the failure of the City or its contractors
to meet deadlines for construction and installation of the Hardscape Work.
14. INDEPENDENT CONTRACTOR. Artist 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 Artist shall at all times be under Artist's
exclusive direction and control. Neither City nor any of its officers, employees or agents
shall have control over the conduct of Artist or any of Artist's officers, employees or
agents, except as set forth in this Agreement. Artist 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. Artist shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner.
a. No employee benefits shall be available to Artist in connection
with the performance of this Agreement. Except for the fees paid to Artist as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Artist for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Artist for injury or sickness arising out of performing services
hereunder.
15. LEGAL RESPONSIBILITIES. The Artist shall keep itself informed of
State and Federal laws and regulations which in any manner affect those employed by it
or in any way affect the performance of its service pursuant to this Agreement. The
Artist shall at all times observe and comply with all such laws and regulations. The City,
and its officers and employees, shall not be liable at law or in equity occasioned by
failure of the Artist to comply with this section.
16. ARTIST'S INDEPENDENT INVESTIGATION. No plea of ignorance
of conditions that exist or that may hereafter exist or of conditions of difficulties that may
be encountered in the execution of the work under this Contract, as a result of failure to
make the necessary independent examinations and investigations, and no plea of reliance
on initial investigations or reports prepared by City for purposes of letting this Contract
out to proposal will be accepted as an excuse for any failure or omission on the part of the
Artist to fulfill in every detail all requirements of this Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension
of time.
17. ARTIST'S AFFIDAVIT. After the completion of the Artistic Work
contemplated by this Contract, Artist shall file with the City Manager his affidavit stating
that all workmen and persons employed, all firms supplying materials, and all
subcontractors on the Artistic Work have been paid in full, and that there are no claims
outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
R:\ZIGLERGV{AGREEMN\Veterans Memorial Agr�bment Pardell.DOC
18. BOOKS AND RECORDS. Artist's books, records, and plans or such
part thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the City.
19. UTILITY LOCATION. City acknowledges its responsibilities with
respect to locating utility facilities pursuant to California Government Code Section
4215. Artist shall make himself aware of the locations of all utilities and take care not to
interrupt utility service or damage utility facilities during his work on the site.
20. REGIONAL NOTIFICATION CENTERS. City agrees to contact the
appropriate regional notification center in accordance with Government Code Section
4215.
21. INSPECTION. The Artistic 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 Artist and any of
its suppliers. Artist 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 Artistic Work. The Artistic 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 Artistic
Work.
22. DISCRIMINATION. Artist represents that it has not, and agrees that it
will not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex, age, or handicap.
23. WRITTEN NOTICE. Any notices which either party may desire to give
to the other party under this Agreement must be in writing and may be given either by (i)
personal service, (ii) delivery by a reputable document delivery service, such as but not
limited to, Federal Express, that provides a receipt showing date and time of delivery, or
(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt
requested, addressed to the address of the party as set forth below or at any other address
as that party may later designate by Notice:
To City: City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attention: City Manager
To Artist: Christopher Pardell
1048 Via Zancas
Fallbrook, Ca. 92028
R:\ZIGLERGVCAGREEMN\Veterans Memorial Agr*ment Pardell.DOC
24. ASSIGNMENT. The Artist shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written
consent of the City.
25. LICENSES. At all times during the term of this Agreement, Artist shall
have in full force and effect, all licenses required of it by law for the performance of the
services described in this Agreement.
26. GOVERNING LAW. The City and Artist understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of
the parties to this Agreement and also govern the interpretation of this Agreement. Any
litigation concerning this Agreement shall take place in the municipal, superior, or federal
City court with jurisdiction over the City of Temecula.
27. WAIVER OF CERTAIN ARTISTIC RIGHTS. As part of the
payment for the design and construction of the Artistic Work, Artist hereby conveys to
the City the design, concept, and images of the Artistic Work, and further conveys any
and all other rights and interest Artist may have in the Artistic Work. Artist
acknowledges and agrees that Artist has no further rights in the design, concept and
images of the Artistic Work except as may be granted in writing by the City by a separate
written document. Artist hereby consents to and authorizes the City to use the Artistic
Work for any purposes, and further consents to and agrees that City shall have the right to
destroy the Artistic Work, without.firther notice to or consent of the Artist. Artist also
hereby consents to and authorizes the destruction of any of the Artistic Work which, in
the sole opinion of the City Manager, has become damaged by any cause, without further
notice to or consent of the Artist. Artist hereby waives his rights under Civil Code
Sections 438.2 et seq.
26. PROHIBITED INTERESTS. No officer or employee of the City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the
proceeds thereof, the Artist, or Artist=s sub -Artists for this project, during his or her
tenure or for one year thereafter. The Artist 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 Artist
or Artist=s subcontractors on this project. Artist 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..
27. 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.
RAZIGLERGVCAGREEMN\Veterans Memorial Agroment Pardell.DOC
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Attest:
Michael Naggar
Mayor
Susan Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
ARTIST
Christopher Pardell
R:\ZIGLERG\XAGREEMN\Veterans Memorial Ag*@ment Pardell.DOC
EXHIBIT A.
SCOPE OF ARTISTIC WORK
Veteran's Memorial for the City of Temecula
The Artist's fee will cover the creative, supervisory and organizational services
provided by Christopher Pardell, the Artist, and Kathy McNeeley, the Project
Coordinator. Those items not showing a dollar amount are covered by the artist's fee,
except for where specified as being the responsibility of the City
The site of the Veterans Memorial is the North-East side of the Temecula Duck
Pond. This site was chosen by the selection committee for its high visibility, central
location, and the popularity the park enjoys among the citizens of Temecula.
The Veterans Memorial Project will be broken down into three phases:
Phase 1(April 24th through July 3rd, 2004) - Finalization of Design
Once the City of Temecula and the Artist have signed this Agreement for, work
will begin and the City will pay the Artist half of the design fee, $65,000.
The Artist will obtain an insurance policy to cover the scope of work $7,500
within ten (10) of the signing of this Agreement by both parties. The insurance policy
will cover the construction and installation of the Artistic Work. After completion, the
artwork will be covered by the City's blanket insurance policies.
By May 31, 2004, all design aspects of the project will be finalized and
completed; including the overall design, the creation of the sculptural maquette, the
specification of all materials for the project and the letters to be used in the installation.
The final art and masters for the five branches of service plaques will be completed and
sent to the foundry for casting.
Plans will be finalized, sub -contractors selected and signed, and the plans
engineered by a licensed and independent civil engineer: $4,700.
Kathy McNeeley will investigate whether the most recent soils report for the site
can be used by the engineer. If not, a soils report will be commissioned: $1,368.
Planning & Safety approval for the construction plans will be obtained.
By May 15, 2004 the day maquette will be submitted to the City for approval.
Upon approval, the artist will have a mold made on the day maquette: $900.
By June 10, 2004, a plaster casting from the maquette mold will be provided to
Cyber FX- the selected subcontractor for the digital enlargement process. Over the
R:\ZIGLERG\XAGREEMN\Veterans Memorial Agirgment Pardell.DOC
following 3 weeks Cyber FX will scan the maquette and cut the full size armature in
foam for both the figure and the sandbag section of the wall, as well as outputting the
small scale master for the consumer scale figurine version of the sculpture: $13,738
By , 2004, the full sized foam model of the sandbag portion of the
seating wall will be provided to the concrete contractor for the purpose of creating a
concrete pouring form.
By 2004, the mold made from the maquette will be shipped to
the selected foundry to begin the bronze casting process for the maquette-sized version.
The Artist will provide the original day maquette or a casting of the maquette to be
presented at the ground -breaking ceremony on or before Independence Day, July 4, 2004.
The Artist will finish and make a mold on the small-scale master for the consumer
version of the sculpture and provide manufacturing source information to the City for the
production of this item. The City will be responsible for the ordering, production and
sales of the consumer size version of the sculpture.
The graphic art for the letters to be used will also be finalized by
2004 and sent to the chosen subcontractor for production of the ceramic tile "Letters".
Pavers for the installation will be purchased by the selected hardscape contractor
and provided to the City. The City will be responsible for promoting the engraved pavers,
sales of pavers and the engraving of donor's names. City shall make every effort to
complete the pavers in time for installation. The plans denote that the pavers will be
installed in such a way that the City can remove, engrave, and re -install pavers as needed
in the future.
Phase one will end with all design, permit and approval issues finalized and the
sculpting of the full size figure underway.
Phase II (July 4th, through October 8th, 2004) - Hardscape and Casting Phase
This phase will begin with ground breaking for the "setting" of the memorial
(retaining wall, seating area, access walkway and stepped walkway) on the specified site
by the chosen subcontractors.
City shall commence the Hardscape Work on or before July 4, 2004.
Concurrent with the commencement of the Hardscape Work, the artist will be
sculpting the full size figure in day. The foam armature provided by Cyber FX will be
covered with a thin layer of day for creating the surface detail. Artist will enlist the
assistance of apprentices for this portion of the process and anticipates that the Artist will
have a finished sculpture by July 18, 2004.
Once completed, a mold will be made on the full size sculpture, which will take
another week Two assistant moldmakers will be hired to assist in making the molds:
$5,000.
RAZIGLERGAAGREEMMVeterans Memorial AMment Pardell.DOC
The mold will then be shipped to the selected bronze foundry for casting. The
casting process will take approximately three months. The foundry will be paid a deposit
of $2,000.
The project coordinator will coordinate the production and delivery of the "letter"
tiles to the construction site: $3,000
The Artist will make the first of two trips to the bronze foundry during the casting
process to chase (touch up) the waxes that will be taken from the mold of the life-sized
figure: $1,250.
Toward the end of Phase I the five bronze plaques representing the five branches
of military service will be finished and delivered to the site for installation: $1,300.
By this time the City will have finished, and delivered to the site for installation,
all the engraved pavers that were sold up to this time. City Services will be able to
continue the engraving and setting of pavers after dedication of the memorial, if needed.
Phase two will be completed when all hardscape has been finished - including the
buried or embedded portions of the electrical and watering systems, and the final grade
applied to the site.
Phase III (October 9th through November loth„ 2004) Landscape and Sculptural
Installation
The artist will make a second trip to the Colorado foundry to approve welding on
the sculpture and supervise patination: $1,250.
The foundry will ship the finished bronze to the artist and be paid the remainder
of their fee: $6,000.
Once all landscaping work is complete, a bobcat will be rented to carry the
finished bronze figure to the site for installation in the days prior to the dedication: $300.
The City will be responsible for any dedication ceremony to be held.
R:\ZIGLERG\XAGREEMN\Veterans Memorial Ag*Ament Pardell.DOC
EXHIBIT B
CITY RESPONSIBILITY FOR HARDSCAPE CONSTRUCTION
CITY RESPONSIBLITLY FOR CONSTRUCTION OF HARDSCAPE WORK
The City of Temecula shall be responsible for the installation of the hardscape
components of the Veterans Memorial which are not part of the Artistic Work described
in Exhibit A, which hardscape work consist of landscaping, irrigation, concrete, and
electrical work as will be specified in the final plans for the Veterans Memorial
("Hardscape Work").
At this initial stage of the design of the Veterans Memorial, the Hardscape Work
will include, but not be limited to:
1. Demolition of the existing pond -side park bench;
2. grading and excavation of the Site before setting formwork for the
foundation;
3. Both the irrigation and electrical system will be tapped into at the existing
lines on site. The irrigation split off from the lines exposed in excavation
for the foundation- the electrical system will be wired to the existing
circuit at the "rook" bollard light already installed along the pond -side
walkway.
4. If the City requires separate circuits or water lines for either the electrical
or irrigation system for the memorial, then the City will be responsible for
bringing those services to the excavated area of the memorial site.
Installation of the buried portions of the watering system, and to specify
any required soil amendments for backfilling planting beds and retaining
walls as well as the placement of the specified boxed tree.
6. The existing park watering system will be modified to accommodate the
installation and insure proper coverage of the areas surrounding the
installation.
R:\ZIGLERG\XAGREEMN\Veterans Memorial Agg4ment Pardell.DOC
EXHIBIT C.
SCHEDULE OF PAYMENT
City shall pay to Artist fifty percent (50%) of the contract amount upon the
execution of the Agreement by both the Artist and the City. Artist shall be
responsible for the payment of all materials, supplies and third party costs for
the design and installation of the Artistic Work as described in Exhibit A.
2. The remainder of the contract amount shall be paid to Artist forty days
following the recordation of the certificate of completion, provided that the
amounts of any stop notices and the City's costs of resolving the stop notices
shall be deducted from the payment until such time as the stop notice(s) are
resolved.
R:\ZlGLERG\XAGREEMN\Veterans Memorial Agqa6ment Pardell.DOC
5^ w1t,
Nila 37;
"Nili,I1
- fti 1 Wr A
4�Z
Nil
Ohl
Mitt-
N I "k
11 41
A41",
L" o
k NO,
'W.:N
REQUESTS TO SPEAK
Date
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
I wish to speak on Agenda Item No.
For Against
Subject:
1a,) b� �2nCf
Name: �5� \1��� nIxslt_x
Address:
Phone:
City/State/Zip
If you are representing an organization or group, please gives the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You..
Date I wish to speak on Agenda Item No.
For Against
Subject: �26�1 fG WDel � l} &C,4&��� 1
4-A of
Name: '5�dM 9 a- 7
Address:
Q% State/Zip
Phone:
If you ate representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
t, I �After completing, please return to the City Clerk. Thank You. � 1�
Date '7 ` i ' J I wish to speak on Agenda Item No. e4—
For Against
Subject:
Name: \ JAC— 'g- : '
Address: ' ��`� City/State/Zip
Phone: � ,. .
If you are representing an organization or group, please give the name:
�C
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
A er co pleting, please return to the City Clerk. Thank You.
Date I wish to speak on Agenda Item No.
For Against
Po b- GJ44 wlCalls
Name:
Address: ���� � City/State/Zip
Phone:
If you ate representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date L —�� I wish to speak on Agenda Item No.
For
Against I
Name: ///���
Gj��% ' City/State/Zip
Phone: /
If you are representing an organization or group, please give the name:
iS (:: /px/L y (: GSM r,-e^j'ZG,
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date I 'sh to speak on Agenda Item No.
For Against
Name: (" 6 C-6 1 /V\ GL 1 "0
Address:
you are representing an organization or group, please give the name:
IP P-4-<CA-
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date 13 J4PP,
For
Subject:
V,o4e im C (f nt
I wish to speak on Agenda Item No. 21)
Against
Address: �+, City/State/Zip
Phone:
If you are representing an organization or group, please give the name:
Y-IZ-T�ap(ws OF pozg--z 4N W'gkS
GA • /aS92
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date / I wish to speak on Agenda Item No. ZD
For Against
Subjec
l PPP.fA2,2/ �t� o�
Address:
Phone:
State/Zip�'� "
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date h L I wish to speak on Agenda Item No. s Q
For Against
Subject: l I f
Name:
Address: City/State/Zip
Phone:
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You..
Date ?✓ Oy I wish to speak on Agenda Item No. / /
For Against IV SPIO"08T of PuJrf/�/�wC—
[ p.NNi sSto iu ,e 6CorsMcivD.YTi�N
Subject:
DeF10PA m1-1a RP. ➢spa
Name: /lEA/i7/BTiV Xwt'
Address: /'WCity/State/Zip—7-kX1,EGyC-W
Phone: $—
If you are representing an organization or group, please give the name: ��1l
/i�.rlycsto_5 av,pV IZ5 /tSSoG/.giro/✓
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
G% After completing, please return to the City Clerk. Thank You.
Date l ' 13 • I wish to speak on Agenda Item No. I
For >/ Against
Subject:
Name: L ✓- c N� / ti ✓r`
Address: ! City/State/Zip � e� �- / -, � / Z �c % Z—
Phone:
If you are representing in organization
or group, please give the name:
�,5 e, , 4---/, r 1'l d '�—
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date -(—/ 3 - a 7 I wish to speak on Agenda Item No. / %
For It Against
Subject:
Name: 411 /!ZC/V L
Address: City/State/Zip Tootec(eA
Phone: /
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date / 3 I wish to speak on Agenda Item No.
For Against
Subject:
Name: y 9 'tlmleI5 n
Address: City/State/Zip
Phone:
If you are representing an organization or group, please give the name:
of �39 32t,e
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA �'7
After completing, please return to the City Clerk. Thank You. '
Date '4 `l I wish to speak on Agenda Item No.
For Against
_
- City/State/Zip
Phone:
you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date � I wish to speak on Agenda Item No. 11
For Against ,�
Oity/State/Zip ``QiMX'�
Phone:
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
r
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date - i 3 — U
For
vw
I wish to speak on Agenda Item No. 12
Against
Name:
�ity/State/Zip
Phone*. �
`e MCC AB
If you are representing an organization or group, please givs tthe name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date r' , ;J / c 't
For
Subject:
I wish to speak on Agenda Item No.
Against
i
AP RQo\J �-- o�
meolfani �,� J�Fr�rzso�
Name: Jvo lTH- �N
Address: )�ity/State/Zip ti U f�l t mil .
Phone: vl g
If you are representing an organization or group, please give the name:
3�-vFE2sc)<-, W Fj�- PLAzA - o�,)"Lvz
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date 5113ID`'l I wish to speak on Agenda Item No.
For Against
Subject:
Name: 0*'J' a n-C 5 07
Address: City/State/Zip
Phone: '�)
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date �� t �✓ ��
For
Subject:
Mf-D t rtN 01
I wish to speak on Agenda Item No. I O
Against
Name: U') A 2 A
A-IGZ
Address: ` ALECity/State/Zip T6'frl E C ol-4 Ctr
Phone: 9z590
If you are representing an organization or group, please give the name:
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECUI A
After completing, please return to the City Clerk. Thank You.
Date �%' �1I Oq
For
Subject:
I wish to speak on Agenda Item No.
Against_
L
Name:
Address: State/Zip 7eu�� Cf) �/�5`7(�
Phone:
If you are representing an organization or group, please give the name:
/ham -
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
REQUEST TO SPEAK
CITY OF TEMECULA
After completing, please return to the City Clerk. Thank You.
Date .'? • I wish to speak on Agenda Item No.
q
For Against
Subject. 1-
3 3
Name:
Address: City/State/Zip
Phone:
If you are representing an organization or group, please give the name:
/5wvl-, &- A^,� -�,�l.1-7/(1-�
The Mayor or presiding officer will call your name when the matter comes up. Please go the
public podium and state your name and address for the record.
DOCUMENTS SUBMITTED
FOR THE RECORD
a'
Bouris Living Trust
Andrew & Gwen Pool
Scott & Lynette Montgomery
- Sun City, CA 92586
March 2, 2004
Regina Danner
Los Angeles, CA 90071-3101
FAX #
RE: Assessor's Parcel
Dear Ms. Danner,
/3 -O V cc /ry
WV" 'P-
Our previous offer of $101,528.00 was a middle of the road asking price. We did not ask
for a high price with the intention of bargaining. Your reply on February 12, 2004, rejects
the negative impact of closer traffic. Because Matt used the term "severance," we wonder
whether you consulted further with the appraisers or pulled this word out of their original
proposal.
Our main complaint is with the quality of the appraisers. The appraisal that Temecula paid
for is 12 pages —six pages discuss valuing the portion. The appraisal we paid for in
December, 2000, is approximately 200 pages. Your appraisal has many properties that
were in my appraisal. The appraisers make the statement that there are NO "market
conditions (time) adjustments." The Council determined that to be false. We believe the
statement "we have concluded that there are no severance damages as a result of the part
acquired or the construction in the manner proposed," will also be determined false if the
Council sees the facts. The building location was not plotted on a parcel map and no
consideration was given the fact that all other parcels in the area are buffeted by parking
lots. Other buildings will have traffic 15-20% closer. We will have traffic, large semi
trucks and trash trucks braking at a signal light, 40% closer to our large windows facing
the street.
We want to restate the fact that $101,528.00 was a fair offer. If the Council wants to go
only on price and totally avoid the issue of impending traffic, we will try to show the value
by price.
We purchased the building in December, 2000. We used a value of $20 per square foot
which our appraisers computed at that time. In 2000, we were collecting a 10% cap rate.
We have recently purchased buildings in Temecula and Murrieta at a 7% cap rate. The
10% cap returned $15,000.00 triple net on a $1,500,000.00 purchase in 2000. The building
today would sell for $2,571j428.57 if we would sell at a 7% cap. This is a 71% increase in
price. Allowing some value to the building itself, the land has at least appreciated 60%.
This $12.00 per square foot increase would bring the total price to $97,291.00 with no
regard for vibration and noise from the heavy noisy rattling garbage trucks.
I would like to present my case to the City Council. They will see that the appraisal was
very short sighted.
Sincerely,
Mike nouns & Lora blese Nouns, Trustees
Andrew & Gwen Pool
DOCUMENTS SUBMITTED
FOR THE RECORD
1-13-off
0 1
WESTMAR
COMMERCIAL REAL ESTATE
April 13, 2004
Honorable City Council Members
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Re: Winchester Road Widening/Jefferson Median
Project Number PW 00-27
1 represent the project commonly known as Winchester Plaza, which is located at the Northwest Corner of
Winchester Road and Jefferson Avenue, consisting of one 17,299 s.f. retail center (Starbucks, Mail Mart,
Subway, etc) and one 46,787 s.f. office building. I have attended all workshops and traffic commission
meetings, and have also met independently with surrounding property owners and consultants.
We respectfully request the CounciI's .consideration in providing a 30 to 60 day extension of the issues
surrounding the Winchester Road Widening/Jefferson Median in order to allow the owners of the projects
located at that intersection time to complete an independent traffic analysis, which is currently being
conducted.
Public Works should be commended on their efforts to hold public workshops and work with the private
sector on this issue However, though an Initial Environmental Report was obtained, it covered topics of
"Population and Housing" "Biological" "Mineral", etc. In addition, the Report's scope of work was for a
widening of Winchester, but not a widening of Jefferson, where, in fact, Public Works is planning on
widening Jefferson to accommodate the median. We further noted the following:
1. The driveways that have the most turn movements are the driveways that Public Works wants
to severely decrease access.
2. The Study only analyzes the widening of Winchester, not the widening of Jefferson.
3. The Study does not analyze traffic flow, or impact on businesses should the median be
installed
After the second workshop, some property owners decided to engage a firm to conduct an independent
traffic analysis which would contain data that is a material part of this important topic.
1 recently attended the 2004 State of the City, and the ground breaking of the Old Town Temecula
Community Theater. During these two events I heard the leaders of our fine city refer to some of the
following important qualities of the City:
To quote Mike Naggar: "Take what we have and make it work - take a square peg and
make it fit into a round hold". The property owners need to rely on the City to make this work
as these businesses have to survive and continue to thrive. They survived the competition that
sprouted on the east side of the freeway and need our help in surviving the traffic safety
modifications. Please remember that the future modifications of overpasses, including the
French Valley Parkway will eventually reduce the traffic flow through this intersection.
• To quote Chuck Washington: "Temecula is unique in its ability to get things done". The
property owners need to rely on the City to think creatively in the logical steps of modifying the
BROKERAGE O DEVELOPMENT CONSULTING O PROPERTY MANAGEMENT
41623 MARGARITA ROAD, SUITE 100, TEMECULA, CA 92591 0 PHONE 909-491-6300 • FAX 909-491-6330
tragic flow without removing access to the businesses. During the workshops we made
suggestions to public works for their consideration.
• To quote Harry Clark: "You never regret doing something right". The property owners need
to rely on the City to do the right thing in protecting these businesses by allowing the property
owners sufficient time to conduct the traffic analysis and research to support feasible options.
• To quote Pat Birdsall: "I believe in the residents of Temecula (...to pass Measure C... ).
These residents that the City relied on are the residents, businessmen/women, and customers who
will now be negatively impacted by the lack of access.
To hear what our customers were saying, we sought their feedback on a questionnaire (see sample attached
-we had nearly 100 responses):
Would you continue to come to my business:
1. If to enter the center, while heading north on Jefferson (toward Murrieta) you
were required to make a U-Turn at Richie's Diner in order to turn around and come
back. 72% responded "NO".
2. If to exit the center desiring to head north on Jefferson (toward Murrieta), you
were required to make a U-Turn at Winchester Road in order to turn around and head
north. 52% responded "YES".
Our suggestions to Public Works were as follows:
Make a full length median a "last resort". Initially, please conduct the following:
a. Install a light either at Sanborn or at the Richie's Diner driveway
b. Slow the traffic down (current speeds are 45-50 mph)
c. Install the median only partially in order to accommodate the two-lane left turn onto the
freeway overpass
We support the efforts to create a safer traffic situation; however, we believe with further creative
approaches we can protect the traveler and the businesses.
Reess��pectfully,
Carl iene M. Anderson
Managing Agent and Co -Owner
QUESTIONNAIRE
Jefferson Median
Dear Valued Customer:
The City of Temecula is current conducting engineering studies in order to install a median along Jefferson
Avenue, which would eliminate a left had turn from Jefferson into our Center, though U-Turns at Richie's
Diner would be available for your use.
Would you continue to come to my business:
1. If to enter the center, while heading north on Jefferson (toward Murrieta) you were required to
make a U-Turn at Richle's Diner, in order to turn around and come back
Y / No
2. If to exit the center desiring to head north on Jefferson (toward Murrieta), you were required to
make a U-TurnatQWinchester Road in order to turn around and head north.
ignature