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051104 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 11, 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. 2004-06 Resolution: No. 2004-47 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Shanti Ryle Invocation: Father Timothy Robinson of St. Nicholas Orthodox R:\Hgenda\051104 1 Flag Ceremony: Cub Scout Pack No. 148 ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Mental Health Month Proclamation Water Awareness Month Proclamation National Public Works Week Proclamation Film Festival Marketing Video 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. R:\Agenda\051104 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 13, 2004; 2.2 Approve the minutes of April 20, 2004. 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 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of March 31, 2004. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL R:\Hgenda\051104 6 Street Name Change from Stanko Circle to Castle Court RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME FROM STANKO CIRCLE TO CASTLE COURT Parking Restrictions — Westside Business Park RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF THE CITY OF TEMECULA ESTABLISHING: A NO PARKING ZONE ON DENDY PARKWAY, REMINGTON AVENUE, VIA INDUSTRIA, ROICK DRIVE, COLT COURT, AND BOSTIK COURT AS SHOWN ON EXHIBIT A; AND A NO PARKING MONDAY THROUGH FRIDAY ZONE ON ZEVO DRIVE AS SHOW ON EXHIBIT A Roripaugh Ranch Open Space Grading and Restoration Agreement RECOMMENDATION: 8.1 Approve the Open Space Grading and Restoration Agreement for the Roripaugh Ranch Project and accept the surety bonds from Ashby USA, LLC. Winchester Road Widening — Proiect No. PW00-27 — Acquisition Agreement — BP We: Coast Products, LLC RECOMMENDATION: 9.1 Approve and authorize the Mayor to execute in substantially the form attached hereto, the Purchase and Sale Agreement between the City of Temecula and BP West Coast Products, LLC for the acquisition of certain real property in the amount of $92,000.00 plus the associated escrow fees; 9.2 Direct the City Clerk to record the document; 9.3 Adopt a resolution entitled: R:\Agenda\051104 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 10 Community Theater — Proiect No. PW02-23 — RECOMMENDATION: 10.1 Approve and authorize the City Manager to execute in substantially the form attached hereto, the Purchase and Sale Agreement between the City of Temecula and Michael Butler -Grass Valley Associates for the acquisition of certain real property in the amount of $16,000.00 plus the associated escrow fees; 10.2 Direct the City Clerk to record the document; 10.3 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 11 Second Reading of Ordinance No. 04-04 (Grading, Erosion and Sediment Control) RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO.04-04 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING TITLE 18 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO GRADING, EROSION, AND SEDIMENT CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A GRADING MANUAL SETTING FORTH THE ADMINISTRATIVE PROCEDURES AND TECHNICAL REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE R:Wgenda\051104 12 Second Readinq of Ordinance No. 04-05 (PERS) RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 04-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMS (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:Wgenda\051104 Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-05 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 April 20, 2004. Sports Complex — Proiect No. PW01-17CSD — and authorization to solicit Construction Bids RECOMMENDATION: 2.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Sports Complex at Pechanga Parkway and Deer Hollow — Project No. PW01-17CSD. R:%genda\051104 Award the Construction Contract for Project No. PW02-02 — Pablo Apis Park Add Amenities RECOMMENDATION: 3.1 Award a construction contract for Project No. PW02-02 Pablo Apis Park Add Amenities to Vido Samarzich, Inc. in the amount of $327,081.00 and authorize the Mayor to execute the contract; 3.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $32,708.10 which is equal to 10% of the contract amount; 3.3 Approve a budget transfer in the amount of $90,000.00 from the Rancho California Sports Park Channel Silt Removal project to the Pablo Apis Park Add Amenities Project to cover construction and administrative costs. 4 First Amendment to the Excel Landscape, Inc. Maintenance Services Contract RECOMMENDATION: 4.1 Approve the First Amendment to the contract with Excel Landscape, Inc. to include the landscape maintenance services of sports parks, north slope areas and to allow for the addition of supplemental landscape maintenance service areas/sites; 4.2 Authorize the expenditure of $406,205.00 for landscape maintenance services for sports parks, north slopes and supplemental landscape maintenance service areas/sites and approve 15% contingency for extra work items in the amount of $60,930.00. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, May 25, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\051104 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 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 April 20, 2004. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, May 25, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive. Temecula. California. R:\Agenda\051104 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 13 Winchester Road Widening — Jefferson Avenue Medians — Project No. PW00-27 RECOMMENDATION: 13.1 Receive and file status update for the construction of the median on Jefferson Avenue, north of Winchester Road as presented by staff at the April 20, 2004 meeting. 14 Potential Uses for recently acquired property in Old Town (at the request of Mayor Pro Tem Comerchero) RECOMMENDATION: 14.1 Provide direction to staff on public use alternatives for the recently acquired properties in Old Town. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next Regular City Council meeting, Tuesday, May 25, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. 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(1 ftl ttl U W p y �❑❑ U U 7 y� W N � U 0.0 � o ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 13, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:01 P.M., on Tuesday, April 13, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Absent: 0 Councilmember: PRELUDE MUSIC Comerchero, Roberts, Stone, Washington, and Naggar None The prelude music was provided by Joanne Algier INVOCATION The invocation was given by Pastor Randy Ponder of Lamb of Life ALLEGIANCE The flag ceremony was presented by Councilman Roberts. PRESENTATION/PROCLAMATIONS National Crime Victim's Ri-ghts Week Proclamation Ms. Camille Dudek accepted the proclamation and invited the viewing public to the Victims' Rights Celebration on Wednesday, April 21, 2004, at 12:00, in front of Courtside on Auld Road in Murrieta. California Park and Recreation Society Presentation Ms. Karen Reams, Region No. 4 representative for the Recreation Society, honored the City with two Awards of Sunset Film and Concert Series Logo and the Marketing Gardner Murder Mystery weekend. Temecula Valley Women's Club Presentation Board of Directors for the Park and Excellence for 2003 for the Summer Theme Campaign for the Erie Stanley On behalf of the Temecula Valley Women's Club, Ms. Linda Woods presented a check to the City in the amount of $10,000 for the Children's Museum; provided a brief overview of the organization's fundraising efforts, commenting on the Home Tour and noting the this year will be the 201h anniversary of the Home Tour. Mayor Pro Tern Comerchero extended his appreciation of the organization's generosity. Temecula Valley Garden Club Proclamation With appreciation, Ms. Felicia Hogan and Ms. Suzanne Puma accepted the proclamation and invited the City Council and the viewing public to 19th anniversary of the Flower Show at the Mary Phillips Senior Center on April 24, 2004, noting that the admission will be free. RAMinutes\041304 PUBLIC COMMENTS A. Mr. Sam Pratt, 40470 Brixton Cove, commented on the World Health Organization B. Advising that the Great Tractor Race has lost the use of its current site, Mr. Jack Kay, 40200 Paseo Sereno, Chairman of Southwest Events, requested the City's assistance in finding a new location, commenting on the site bordered by Jefferson Avenue and Cherry Avenue and advising that Flood Control has been contacted. Mayor Naggar suggested that a representative of the organization contact the City Councilmembers. C. Addressing the red light abuse problem throughout the City, Mr. John Dedovesh, 39450 Long Ridge, recommended the possibility of exploring the use of red light cameras, noting that additional enforcement will not resolve the issue. D. Mr. Mike Bouris, 33801 Zeiders, Menifee, owner of property located on the southwest corner of Jefferson Avenue and Winchester Road, expressed concern with the lack of property value increase within the last three years. CITY COUNCIL REPORTS A. Having had the opportunity to provide a tour of the Children's Museum to the Mayor of Anaheim and his wife as well as other representatives from the City of Anaheim, Councilman Roberts commented on the enthusiasm expressed by those individuals. As Vice President of the Southern California Association of Governments, Mr. Roberts commented on the Regional Transportation Plan, noting that this plan will plan for the next 25 years; that the plan is adopted every three years; and that it encompasses the entire Southern California area. With regard to the LNG/CNG Fueling Station (Consent Calendar Item No. 13), Councilman Roberts advised that sufficient local monies are available to proceed with this project. B. Having attended the Groundbreaking Ceremony of the Old Town Community Theater, Mayor Pro Tern Comerchero advised that the theater should be open mid year next year and commented on the promises that will be achieved in Old Town through this theater, the Children's Museum, and the new restaurant. In an effort to make the final determination on whether the rate fee is too high or the existing route is a problem, Mr. Comerchero advised that the RTA Commuter Link Bus Route rider ship fee from the City to Oceanside will be decreased from $4.00 to $1.00. Mr. Comerchero expressed his sincere sympathy to Mr. Bill Harker for the loss of his wife, Evelyn Harker. In memory of Mrs. Evelyn Harker, Mayor Naggar called a moment of silence. C. Commenting on the City's current road improvements, Mayor Naggar advised that as much of the work as possible is being completed at night in an effort to mitigate impacts but noted that some of the work must be completed during the day and, therefore, requested the residents' patience. RAMinutes\041304 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 28, 2004; 2.2 Approve the minutes of March 16, 2004. 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04-37 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 5 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of February 27, 2004. WX616luIF, 1:1Nby-wel11 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. RAMinutes\041304 3 RECOMMENDATION: 6.1 Approve the temporary street closures for portions of Butterfield Stage Road and Calle Chapos; 6.2 Adopt a resolution entitled: RESOLUTION NO. 04-38 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. 04-39 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 (Considered under separate discussion; see page 7.) 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: R:\Minutes\041304 10 RESOLUTION NO.04-40 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 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 II from approximately 650 feet south of Overland Drive to Rancho California Road; Project No. PW02-26. 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 Project No. PW04-03 - Slurry Seal Project — FY 2003- 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. R:\Minutes\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. 04-41 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. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-6 and 8-13 (Item No. 7 was pulled for separate discussion; see page 7.). Councilman Roberts seconded the motion and the electronic vote reflected unanimous approval. R:\Minutes\041304 CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION All -Way Stop Control — Meadows Parkway and Royal Oaks Drive RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04-39 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 Public Works Director Hughes presented the staff report (as per agenda material). Expressing concern with the site distance as well as the existing speed limit, Ms. Carol Malin, 41507 Eagle Parkway, expressed her support of a stop sign but also requested the placement of a crosswalk at this location. Relaying the City's procedure for the placement of crosswalks, Mr. Hughes commented on the false sense of security that crosswalks provide. For the safety of the children, Mayor Pro Tern Comerchero expressed his concern with installing a stop sign without a crosswalk and, thereby, creating a dangerous situation and, therefore, suggested that staff explore alternatives to notify upcoming motorists of the approaching crosswalk. Being aware of other locations where the City has installed a stop sign along with a crosswalk, Councilman Roberts advised that he could support a crosswalk. To ensure the safest possible intersection, Councilman Washington concurred with Public Works Director Public Works Director Hughes' comment that crosswalks create a false sense of security and expressed support of exploring alternatives but reiterated his concurrence with Mr. Hughes. MOTION: Mayor Pro Tern Comerchero moved to adopt Resolution No. 04-39 and to have the Public Traffic Safety Commission readdress the matter within 60 days after the stop signs have been installed. The motion was seconded by Councilman Washington and the electronic vote reflected unanimous approval.. At 7:52 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:56 P.M., the City Council resumed with regular business. COUNCIL BUSINESS ITEM CONSIDERED OUT OF ORDER 19 Veteran's Memorial RECOMMENDATION: 19.1 Approve the Temecula Duck Pond as the location for the installation of the Veteran's Memorial; RAMinutes\041304 19.2 Approve the conceptual Master Plan for the Veteran's Memorial entitled "Letters Home" created by artist Christopher Pardell; 19.3 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; 19.4 Appropriate an additional amount of $110,435 from General Fund Undesignated Fund Balance to the Veteran's Memorial project. Community Services Director Parker highlighted the staff recommendation; provided an overview of the RFQ proposal process; and introduced Mr. Christopher Pardell who, further by way of a PowerPoint presentation, described the conceptual Master Plan of the Veterans' Memorial (Letters Home) Lieutenant Colonel Tyler, representing the Veterans of Foreign Wars, expressed her delight with the proposed memorial and invited the City Council and the public to the Veterans Center Ribbon Cutting Ceremony at 28075 Diaz Road, on Friday, April 16, 2004, at 4:00 P.M. Honoring those veterans in attendance, Mr. David Micheal, 30300 Churchill Court, requested the City Council's support of this lasting memorial; that a tree be planted along with the placement of a plaque; that it be designated as the Liberty Tree; and that the plaque read as follows: This memorial is for the men and women who had the courage to stand up for their beliefs; answering a call of their Nation; and risking their lives to protect freedom — the People of Temecula honor their deeds. In closing, Mr. Micheal commented on the pavers which may be purchased through the local VFW, in honor of a veteran, and then placed on the paver walkway. Comparing the proposed memorial comparable to the memorials in Washington, D.C., Mr. Wayne Hall, 42131 Agena Road, encouraged the City Council's support of this project. Commending artist Christopher Pardell on his ability to capture the City's intent, Mayor Pro Tern Comerchero thanked the veterans' group for their input; expressed support of the proposed language as recommended by the VFW; and concurred with the proposed recommendation. Thanking the veterans for their service, Councilman Stone as well extended appreciation to Mayor Pro Tern Comerchero for his efforts associated as a Committee member addressing the memorial. Having a concept of this memorial, Mr. Stone commended the artist for making it a vision and for his ability to interpret the City's intent and supported the proposed recommendation along with the proposed pavers. Having as well recently visited the memorials in Washington, D.C., Councilman Roberts commended the artist on a job well done; supported the proposed language; and thanked the veterans for their contribution. Mayor Naggar advised that the proposed monument will be paid for through development impact fees (art in public places). Expressing his enthusiasm with the artist's story of this memorial, Mr. Naggar requested that this story be attached to a photo and placed at City Hall. In an effort to maintain the artistic integrity of this memorial, Mayor Pro Tem Comerchero suggested that a paver, honoring a fallen veteran, be inscribed with specific insignia. MOTION: Mayor Pro Tern Comerchero moved to approve the staff recommendation along with the proposed dedication language as submitted by the Veterans and to incorporate the artist's RAMinutes\041304 8 story along with a photo of the memorial at City Hall. The motion was seconded by Councilman Stone and the electronic vote reflected unanimous approval. In response to Councilman Stone, Community Services Director Parker advised that it would be staff's intent to have this memorial installed by November 11, 2004. At 8:37 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:50 P.M., the City Council resumed with regular business. Due to not feeling well, Councilman Washington went home and was not in attendance for the remaining portion of the meeting. RETURNED TO REGULAR AGENDA ORDER PUBLIC HEARINGS 17 De Portola Road Planned Development Overlay (PA03-0721) RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 04-42 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. 04-43 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. 04-03 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) R:\Minutes\041304 Planning Director Ubnoske reviewed the staff report (as per agenda material), advising that the Planning Commission had approved the proposed recommendation along with the following amendments: • To exclude the two parcels (Parcel Nos. 1 and 2 of the PDO map) in the northwest corner of Margarita and De Portola Roads from the proposed rezone • To exclude the parcel north of De Portola Road (Parcel No. 9 of the PDO map) • To increase rear yard setbacks adjacent to any residentially zoned property from 25' to 32' • To prohibit trash enclosures in the supplemental landscape areas which are adjacent to any of the residentially zoned property Although of the opinion that Parcel Nos. 3-8 would be appropriate to rezone as Professional Office because of the proximity to Margarita Road and the future hospital, it was noted that the Planning Commission expressed significant concern with further intruding into the residential area north of De Portola Road and viewed De Portola Road as the logical division. It was noted by staff that the owner of Parcel No. 9 had requested to be included in the rezone after the Commission had considered the matter and that no applications have been received with regard to Parcel Nos. 1 and 2. Conveying Los Ranchitos Homeowners Association's desire to retain the rural nature of De Portola Road, Public Works Director Hughes advised that, as part of the Circulation Element, De Portola Road will be designed as a rural collector road which will provide a high level of carrying capacity but would not include hardscape improvements as in particular urban streets such as street lights, sidewalks, curbs, gutters, median islands, etc.; that staff is currently exploring a standard for this site as well as other locations to maintain a wide right of way such as a trail/walking systems from the roadway and planted medians to divide the two directions of traffic, advising that the review of such a standard should be completed with the Circulation Element and the General Plan amendment, not with the proposal because the adoption should be for the entire corridor not just these parcels. With regard to access needs, Mr. Hughes advised that those issues are not determined until staff is aware of the type of project and that the requested approvals for land uses also include constraints, requiring that access points will not be approved unless completed in a manner approved by the City. For Councilman Roberts, Planning Director Ubnoske noted that the hospital is currently in the preapplication process and that access needs would be determined through a traffic study. Considering the intense use of this site, Public Works Director Hughes noted that staff will explore all options as to access through the preapplication process, advising that a traffic study must be completed and methods of establishing trip generation factors are still under review. In response to Councilman Stone, Chairman Connerton of the Public Traffic Safety Commission noted that half of the General Plan Advisory Committee concurred that Parcel Nos. 1 and 2 should be included in the rezone with minimum access off De Portola Road and that the other half did not. For Mayor Naggar, Planning Director Ubnoske noted that, as per the PDO supplemental design standards regarding access/circulation — a standard for non-residential development that minimized the number of access points onto De Portola Road and the use of shared access where possible; that Parcel Nos. 6, 7, and 8 will be the rear of the hospital and, therefore, will be under hospital ownership; that plans indicate the construction of a wall which would further limit access; and that no applications have been received for Parcel Nos. 3, 4, and 5 but that language in the PDO will explore joint access. RAMinutes\041304 10 At this time, the public hearing was opened. As a Vietnam War veteran, Mr. Kenneth Ray, 31647 Pio Pico Road, representing the Santiago Ranchos Homeowners Association, relayed his appreciation of the Council's support of the memorial. With regard to the proposed requests, Mr. Ray relayed the Association's support of the Planning Commission's recommendation that De Portola Road be the dividing line between commercial property to the south and residential neighborhoods on the north; opposed the inclusion of Parcel Nos. 1 and 2 into the commercial overlay; and concurred with Los Ranchitos Association's desire to retain the rural nature of De Portola Road and, therefore, limit commercial access from Parcel Nos. 3 — B. Mr. Larry Markham, 30105 Cabrillo, representing the Los Ranchitos Homeowners Association, expressed the Association's support of the proposed change and concurred with the Planning Commission's recommendations and requested that the following verbiage be amended in the Development Standards Table: landscape buffering: landscaping shall include some mature trees ... and shall incorporate landscape buffered berms ... and that the trail shall be connected ... Planning Director Ubnoske expressed no concern with the recommended verbiage. Concurring with the proposed uses, Mr. Mike McNeff, 45627 Clubhouse Drive, representing Valley Christian Fellowship — owners of Parcel No. 3, relayed concern with maintaining the marketability of this property as it pertains to ingress and egress, advising that the property is currently for sale. To ensure the viability of the hospital, Mr. Lloyd Norris, 6821 Vianda Court, Carlsbad, representing the owners of 43939 Margarita Road (Parcel No. 1), requested that this parcel be included in the rezone. Ms. Nicolle Storman, 31531 Pio Pico Road, expressed concern with the visual and noise pollution and its potential devaluation of the property; requested that a visually appealing wall be constructed around her property and the hospital; and requested that an Impact Study (traffic study) be completed and distributed to the residents. In response to Ms. Storman, Public Works Director Hughes informed that once a project is presented to staff, the completion of an analysis will be required. Ms. Carol Marsden, 30955 De Portola Road, expressed concern with the devaluation of properties. At this time, the public hearing was closed. Realizing the needs for a hospital facility in this City, Councilman Stone viewed De Portola Road as the appropriate demarcation of the zone change; noted that because of the elementary school across from Parcel Nos. 1, 2, and 9, commercial uses may not be appropriate; and, therefore, relayed his support of not including Parcel Nos. 1, 2, and 9 in the rezone. With regard to staffs recommendation to rezone Parcel Nos. 3-8, Mr. Stone concurred; expressed concern with regard to ingress and egress; requested that the City explore mitigation measures to minimize impacts; requested that projects be conditioned to mitigate traffic, noise, and safety concerns; requested the use of mature trees only; and that the equestrian trails be preserved and connected to the regional trail system. RAMinutes\041304 11 Supporting the Planning Commission's recommendation, Councilman Roberts relayed his opposition to rezoning Parcel Nos. 1 and 2. Prior to starting this process, Deputy City Manager Thornhill noted that the hospital has volunteered to create a buffer between Parcel Nos. 6, 7, and 8 as well as any other desired parcels. Also supporting the Commission's recommendation, Mayor Pro Tern Comerchero as well viewed De Portola Road as the natural demarcation line and, therefore, would not support the rezoning of Parcel Nos. 1, 2, and 9 and expressed support of any mitigation measures necessary to mitigate impacts. Echoing his fellow Councilmembers' comments, Mayor Naggar reiterated the need for proper mitigation measures to ensure adequate buffering; advised that because of ingress and egress, he would envision a trail connection on the south side of De Portola Road. In response to Mr. Naggar, Public Works Director Hughes noted that the General Plan designation for De Portola Road is a secondary four -lane road, less than Margarita Road but similar to Meadows Parkway. MOTION: Councilman Stone moved to adopt Resolution No. 04-42 and No. 04-43. Mayor Pro Tern Comerchero seconded the motion and the electronic vote reflected approval with the exception of Councilman Washington who was absent. City Attorney Thorson introduced and read by title only Ordinance No. 04-03. MOTION: Councilman Stone moved to introduce Ordinance No. 04-03 with the following amendments: Modify the text of the PDO to remove Footnote 2 from Table 17.22.198 as the second sentence from Subsection 17.22.198136; modify the test of the PDO Section B3 to read as follows:... landscaping shall include mature trees ranging from 24" to 48" box in size and shall incorporate buffered landscape berms adjacent to residentially zoned properties; modify the text of the PDO Section B6 to delete the following sentence: except that structures located at the northwest corner of Margarita Road and De Portola Road that are more than 100 feet from the property line may have a less residential appearance; modify the test of the PDO Section B to add No. 8 which shall read as follows: Equestrian Trail — the existing trail west of this PDO Zone shall be continued along De Portola Road to the intersection of Margarita Road and De Portola Road. Councilman Roberts seconded the motion and the electronic vote reflected approval with the exception of Councilman Washington who was absent. 18 Environmental Assessment (EA) 103 — Winchester Road Widening RECOMMENDATION: 18.1 Adopt a Mitigated Negative Declaration for EA-103 —the Winchester Road Widening Project. By way of a PowerPoint presentation, Public Works Director Hughes reviewed the staff report (as per agenda material), relaying the Public Traffic Safety Commission's support of staff's recommendation and noting the following: That the median will stretch from Winchester Road to Richie's Diner driveway; that a long left -turn pocket will be provided to allow for storage and to allow access to commercial sites to the north, to permit U-turns, and to utilize the driveways which would be reduced to right -turn in and out access; RAMinutes\041304 12 That westbound access on Winchester Road may be obtained through the AM/PM and through the commercial site to the west of AM/PM; That an eastbound left-hand turn pocket will be provided at the north end of the median to ensure cars may enter the sites on the east side of Jefferson Avenue. Informing the City Councilmembers that the associated business owners had requested more time to review possible options, Public Works Director Hughes advised that it would be staffs goal to complete these improvements prior to the upcoming Holiday Season; noted that the environmental approval is critical to complete the necessary acquisitions of three additional parcels; and stated that streets with medians provide more capacity than those with no medians. At this time, Mr. Hughes showed a video reflecting the unsafe movements that occur at the area of discussion. For Councilman Stone, Public Works Director Hughes noted that because of a capacity problem with the single left-hand turn lane, the storage requirements for the double left-hand turn lane must remain as proposed. At this time, the public hearing was opened. Commenting on the cut -through traffic on the back side of his property, Mr. Jack Williams, 41640 Yorba Avenue, owner of Richie's Diner, requested that the Council address this issue; noted that seniors have a difficult time with the ingress/egress to this site; that the proposal should include the widening of the Richie's Diner driveway; spoke in support of Mr. Markham's recommendation; and expressed appreciation to Mr. Hughes and the Public Works Department staff. In closing, Mr. Williams relayed his appreciation to the City for the proposed Veterans' memorial. Ms. Judith Burns, 465 South Mathilda Avenue, Suite 109, Sunnydale, owner of Jefferson Creek Plaza, relayed her concern with the ingress and egress for this Plaza; commented on associated safety concerns; and noted that left-hand turns out of the Plaza should be prohibited. Ms. Carliene Anderson, 41623 Margarita Road, #100, representing Winchester Plaza (Starbucks Center), requested that action on the proposal be continued for 30 to 60 days in order to complete a traffic study and expressed a desire to determine the possibility of shortening the double left-hand turn, traveling south, to allow a pocket to permit left-hand turns. Advising that she could support a modified median, Ms. Anderson as well concurred with the installation of a light. Viewing the existing traffic problem as one that exists more than two hours a day, Councilman Roberts requested that a traffic analysis of the dates and times of injury and non -injury accidents. For Councilman Stone, Public Works Director Hughes clarified that even though the City Council were to approve the Environmental Assessment, negotiations with regard to the proposed median may proceed and noted that without this median, this project may not proceed, advising that staff would continue to work with the business owners and traffic engineers. Mayor Pro Tern Comerchero suggested to move forward with the proposed recommendation in an effort to proceed in a timely fashion but to reagendize the item for the May 11, 2004, City Council meeting in order for staff to explore possible options as a result of the traffic study. RAMinutes\041304 13 Mr. David Thompson, 27315 Jefferson Avenue, Suite J, owner of Mail Mart, apprised the Councilmembers of the direct impact this project would have on his business. Confirming that safety should be top priority, Ms. Dawn Fujiwara, 27309 Jefferson Avenue, A- 102, business owner at Jefferson Creek Plaza, stated that the elimination of left-hand turn access out of the center would be detrimental; that her loss would be more the loss of new business versus already established business; and concurred with the installation of a modified median such as plastic barriers prior to the installation of a concrete barrier. Mr. Larry Markham, 41635 Enterprise Circle, representing Ms. Anderson and Ms. Burns, advised that traffic counts are being completed; suggested the installation of a driveway that would be skewed versus off set to meet the Public Works Department criteria; expressed concern with impacts as a result of the French Valley Interchange and the interconnect with Caltrans signal and control on SR 79 North; expressed concern with the environmental document making no reference to the Jefferson Avenue widening only to Winchester Road widening; noted that land uses will divide an area; and commented on air quality, traffic, and hazards as a result of U-turns on Jefferson Avenue. In response to Councilman Stone, Mr. Markham agreed that the Mitigated Negative Declaration may be adopted and that negotiations may continue in order to reagendize the matter for the May 11, 2004, City Council meeting. Advising that the median and stacking distance design is being designed to handle peak -hour problems as they currently exist, Public Works Director Hughes noted that other circumstances such as SR 79 North, French Valley Interchange, etc. were considered during the design of this project. Commenting on the effectiveness of the Winchester Road median which was installed several years ago, Councilman Roberts advised that since the installation of this median, accidents have decreased and, therefore, he relayed his support of this project. In an effort to create the best possible solution that will benefit all those associated, Councilman Stone viewed the existing problem as a circulation disaster and stated that measures will be undertaken to ensure business integrity as well as the residents' safety. MOTION: Councilman Roberts moved to adopt the Mitigated Negative Declaration for this project and to reagendize this item for the May 11, 2004, City council meeting in order to discuss the completed traffic study. The motion was seconded by Mayor Pro Tern Comerchero and the electronic vote reflected approval with the exception of Councilman Washington who was absent. Reiterating everyone's goals to address the safety and circulation issues, Mayor Pro Tern Comerchero supported the motion in order to provide adequate input and to create the best solution. 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: R:\Minutes\041304 14 RESOLUTION NO. 04-44 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 Senior Management Analyst Adams presented the staff report (as per agenda material). Advising that the County had unanimously opposed the passage of this bill, Councilman Stone questioned why Senator Hollingsworth would support a bill of this nature. Councilman Roberts noted that he has agendized the matter to be discussed at the May 6, 2004, Southern California Association of Governments Regional Council. For Mayor Naggar, City Manager Nelson advised that Senator Hollingworth's office was notified that the City Council would be discussing this matter but that the City has received no communication from the Senator's office with regard to this bill and its potential impacts to the City. Mayor Naggar informed the residents that the proposed bill would be an unfunded mandate and suggested that letters of support for the opposition of this bill be transmitted to other cities and counties. MOTION: Councilman Stone moved to adopt Resolution No. 04-44. The motion was seconded by Councilman Roberts and the electronic vote reflect approval with the exception of Councilman Washington who was absent. 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. (Discussed out of order; see pages 7-8.) R:\Minutes\041304 15 CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there were no reportable actions from Closed Session. ADJOURNMENT At 11:15 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, April 20, 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, CMC City Clerk [SEAL] R:\Minutes\041304 16 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 20, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:00 P.M., on Tuesday, April 20, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 3 Councilmembers: Stone, Washington, and Comerchero Absent: 2 Councilmember: Naggar and Roberts PRELUDE MUSIC The prelude music was provided by Eve Craig. The invocation was given by Pastor Lance Kerwin of Calvary Chapel Temecula ALLEGIANCE The flag ceremony was presented by Councilman Stone. PRESENTATION/PROCLAMATIONS Temecula Valley High School Wrestling Champions Recognizing the wrestlers for their achievement on 10 consecutive league championships and 14 CIF Championships, individual certificates were presented to the wrestler of the year, the coaches, as well as each individual wrestler. Child Abuse Prevention Month Proclamation On behalf of the Prevent Child Abuse Southwest Riverside County Group, Ms. Melissa Donaldson, with appreciation, accepted the proclamation. Boys and Girls Club Week Proclamation Thanking the City Council for its continued support, Ms. Michelle Arelleno accepted the proclamation. Interstate 15 Interregional Partnership Project (IRRP) Presentation Highlighting the City's participation with Western Riverside Council of Governments (WRCOG) and the San Diego Association of Governments in a job housing study to explore the balance of jobs and housing in the two regions as well as the possibility of bringing jobs closer together with housing and where not possible to try to mitigate the impacts particularly transportation impacts associated with commuting, Assistant City Manager O'Grady noted that the study has resulted in a number of conclusions and findings. At this time, Mr. O'Grady introduced and thanked Mr. Bill Hodge from WRCOG and Mr. Jeff Martin of San Diego Association of R:\Minutes\042004 Governments for their associated efforts. By way of a PowerPoint presentation, Mr. Hodge further commented on the efforts of the 1-15 Interregional Partnership focused on the 1-15 corridor between San Diego County and Southwest Riverside County, noting the following: • Housing affordability • Jobs per household • Ratio of job to workers • Owning a single-family home a priority for 1-15 commuters • Interregional commuters increasing • Recommended strategies o Program strategies o Transportation strategies o Housing strategies o Economic Development strategies • 1-15 Interregional Partnership Work program Mayor Pro Tern Comerchero thanked and congratulated Mr. Hodge as well as Mr. Martin on their associated efforts. For Councilman Washington, Mr. Martin commented on the short-range economic development strategies identified for San Diego County and advised that both San Diego North Economic Development Council and the San Diego Regional Economic Development Corporation are supportive of this collaborative effort. In response to Mr. Martin, Mr. Washington relayed that efforts would be appreciated in determining job growth in Southwest County. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS No comments. 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 March 23, 2004. R:\Minutes\042004 2 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Tract Map No. 29798-4 (located south of Loma Linda Road, east of Pechanga Parkway, north of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 4.1 Approve Tract Map No. 29798-4 in conformance with the conditions of approval; 4.2 Approve the Subdivision Improvement Agreement; 4.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials Bond, and Monument Bond as security for the agreements. RECOMMENDATION: 5.1 Approve Tract Map No. 29798-6 in conformance with the conditions of approval; 5.2 Approve the Subdivision Improvement Agreement; 5.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials Bond, and Monument Bond as security for the agreements. 6 Tract Map No. 29798-7 (located south of Loma Linda Road, east of Pechanga Parkway, north of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR RECOMMENDATION: 6.1 Approve Tract Map No. 29798-7 in conformance with the conditions of approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials Bond, and Monument Bond as security for the agreements. RAMinutes\042004 7 Temporary Street Closure request for Easter Seals Walk-a-Thon in Old Town (Old Town Front Street between Moreno Road and Second Street) RECOMMENDATION: 7.1 Deny a request to close Old Town Front Street and authorize staff to work with the applicant to identify an alternative location for the Easter Seals Walk-a-Thon event. P Award of Construction Contract for the Diaz Road Realignment (Phase 1) — Traffic Signals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive - Proiect No. PW95-27 RECOMMENDATION: 8.1 Award a construction contract for the Diaz Road Realignment (Phase 1) — Traffic Signals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive - Project No. PW95-27 to Vance Corporation in the amount of $573,628.00 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $57,362.80 which is equal to 10% of the contract amount; 8.3 Approve a transfer in the amount of $99,000.00 from the Diaz Road at Rancho Way Signal project and $586,000.00 from the French Valley Parkway Southbound Off - ramp Project to the Diaz Road Realignment Project (Phase 1) — Traffic Signals at Diaz Road at Rancho Way and Rancho California Road at Business Park Drive Project for a total transfer amount of $685,000.00 to cover construction and administrative costs. RECOMMENDATION: 9.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Traffic Signal Installation — Meadows Parkway at La Serena — Project No. PW03-07 — Meadows Parkway at Rancho Vista — Project No. PW03-08. 10 Community Grant Agreement with the Temecula Sister City Association RECOMMENDATION: 10.1 Approve a grant in the amount of $7,500.00 for the Temecula Sister City Association for fiscal year 2003-2004. R:\Minutes\042004 11 Contract for Space Planning, Workstation Furniture. and Wiring RECOMMENDATION: 11.1 Approve the contract with Boise Office Solutions to provide space planning and workstation furniture for City Hall as well as the West Wing Maintenance Facility in the amount of $58,883; 11.2 Authorize the City Manager to approve additional payment not to exceed a 15% contingency in the amount of $8,832; 11.3 Appropriate $72,266 from General Fund undesignated reserves to fund this contract and the MIS rewiring necessary (estimated $5,300). 12 Wolf Valley Creek Channel — Infrastructure Funding and Acquisition Agreement RECOMMENDATION: 12.1 Approve the Wolf Valley Creek Channel — Infrastructure Funding and Acquisition Agreement (the Acquisition Agreement) in substantially the form attached to this report and authorize the Mayor to execute the agreement; 12.2 Direct the City Clerk to record the document. 13 Second Reading of Ordinance No. 04-03 RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 04-03 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) MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-13. Councilman Washington seconded the motion and the electronic vote reflected approval with the exception of Mayor Naggar and Councilman Roberts who were absent. At 7:29 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:31 P.M., the City Council resumed with regular business. R:\Minutes\042004 COUNCIL BUSINESS PUBLIC HEARINGS 14 City of Temecula Grading, Erosion, and Sediment Control Ordinance RECOMMENDATION: 14.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04-04 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING TITLE 18 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO GRADING, EROSION, AND SEDIMENT CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A GRADING MANUAL SETTING FORTH THE ADMINISTRATIVE PROCEDURES AND TECHNICAL REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE 14.2 Confirm that the adoption of this ordinance represents components of the City's adopted General Plan and is exempt form further review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City's General Plan was certified on November 9, 1993. Public Works Director Hughes reviewed the staff report (of record), clarifying the proposed the ordinance. At this time, the public hearing was opened. There being no public input, the public hearing was closed. City Attorney Thorson read by title only the ordinance. MOTION: Councilman Stone moved to introduce Ordinance No. 04-04. The motion was seconded by Councilman Washington and the electronic vote reflected approval with the exception of Mayor Naggar and Councilman Roberts who were absent. COUNCIL BUSINESS 15 Update on Senate Bill 87 (Hollingsworth) RECOMMENDATION: 15.1 Receive and file the status update on SB 87 (Hollingsworth). Senior Management Analyst Adams reviewed the staff report (as per agenda material). It was the consensus of the Council to receive and file the report. R:wlinutes\042004 16 Resolution of Intention and Ordinance amending PERS Contract RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO.04-46 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA 16.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEMS (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA Director of Human Resources Assistant to the City Manager Yates reviewed the staff report (as per agenda material). MOTION: Mayor Pro Tern Comerchero moved to adopt Resolution No. 04-46. The motion was seconded by Councilman Stone and the electronic vote reflected approval with the exception of Mayor Naggar and Councilman Roberts who were absent. MOTION: Mayor Pro Tern Comerchero moved to introduce Ordinance No. 04-05. The motion was seconded by Councilman Stone and the electronic vote reflected approval with the exception of Mayor Naggar and Councilman Roberts who were absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that the City Council provided direction to him as well as staff with respect to the one real estate matter and noted that any final approvals of those agreements would be discussed in Open Session. R:\Minutes\042004 ADJOURNMENT At 7:40 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, May 11, 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\042004 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 $4,441,315.13. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 11 th day of May, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 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 11'h day of May, 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 04/15/04 TOTAL CHECK RUN: $ 1,617,618.96 04/22/04 TOTAL CHECK RUN: 546,280.01 04/29/04 TOTAL CHECK RUN: 1,953,503.94 04/22/04 TOTAL PAYROLL RUN: 323,912.22 TOTAL LIST OF DEMANDS FOR 05/11/04 COUNCIL MEETING: $ 4,441,315.13 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,598,870.82 165 RDA DEV-LOW/MOD SET ASIDE 67,389.45 190 COMMUNITY SERVICES DISTRICT 222,160.72 192 TCSD SERVICE LEVEL B 39,495.67 193 TCSD SERVICE LEVEL C 40,462.91 194 TCSD SERVICE LEVEL D 10,752.50 210 CAPITAL IMPROV PROJECT FUND 1,555,676.98 261 CFD 88-12 ADMIN EXPENSE FUND 5,703.81 280 REDEVELOPMENT AGENCY -CIP PROJECT 484,165.75 300 INSURANCE FUND 9,653.26 320 INFORMATION SYSTEMS 53,213.15 330 SUPPORTSERVICES 15,925.40 . 340 FACILITIES 13,330.49 475 WOLF CREEK CFD 2003 602.00 $ 4,117,402.91 001 GENERAL FUND 224,278.90 165 RDA DEV-LOW/MOD SETASIDE 5,470.28 190 COMMUNITY SERVICES DISTRICT 56,966.98 192 TCSD SERVICE LEVEL B 108.62 193 TCSD SERVICE LEVEL C 5,039.49 194 TCSD SERVICE LEVEL D 793.45 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,271.03 300 INSURANCE FUND 1,037.30 320 INFORMATION SYSTEMS 20,136.02 330 SUPPORTSERVICES 1,858.74 340 FACILITIES 5,951.41 323,912.22 TOTAL BY FUND: $ 4,441,315.13 PREPARED BY RET/A�WESTON, ACCOUNTING SPECIALIST I HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENT RO R D�IyRE�C///T//�O/� R OF FINANC E ' I i � , , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAWN NELSON, CITY MANAGER apChkLst Final Check List Page: 1 04/15/2004 3:02:27PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 305 04/09/2004 003562 FIRST AMERICAN TITLE INS. C Winchester Rd impr apn 909-282-002 66,820.00 66,820.00 306 04/13/2004 007586 GRAND CAPITAL ESCROW Purch. depst APN 922-032-020 307 04/15/2004 000166 FIRST AMERICAN TITLE Property purch depst apn 922-062-016 91277 04/15/2004 004973 ABACHERLI, LINDI TCSD instructor earnings 91278 04/15/2004 003859 ALL ABOUT SELF STORAGE T.Museum ann'I storage unit lease 91279 04/16/2004 002877 ALTA LOMA CHARTER LINES Magic Mountain 4/6 Teen Excursion 412 Family Excursions: Whale watchi 91280 04/15/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening DUI Drug & Alcohol Screening 91281 04/15/2004 004022 AMERICAN MINI STORAGE, TE Apr storage unit B109 lease pmt Apr storage unit F105 lease pmt 91282 04/15/2004 004446 AMERICAN SOCIETY OF CIVIL Membership: Scott Harvey 306039 91283 04/15/2004 002187 ANIMAL FRIENDS OF THE VALL Mar animal control services 91284 04/15/2004 000101 APPLE ONE,INC. 91285 04/15/2004 003376 ARTS COUNCIL, THE 91286 04/15/2004 004855 BABER, GABRIELE 91287 04/15/2004 007581 BARKER, DOUG Temp help PPE 3/27 Wills Temp help PPE 3127 Douvres Temp help PPE 3/27 Lee Temp help PPE 3/27 Medina Temp help PPE 3/27 Alexander Community Grant Agreement 3rd Otr TCSD instructor earnings Refund:Special event insurance 91288 04/15/2004 004778 BERRYMAN & HENIGAR INC Mar temp B&S inspector help: Grance Jan -Mar design:R.Calif Rd widening 91289 04/15/2004 007538 BEST ROOFING & Refund:Weed Abate apn 945-150-016 91290 04/15/2004 006721 BOISE CASCADE OFFICE Office Supplies: Fire Prev. 21,142.00 51,035.00 571.60 2,300.00 701.75 451.13 750.00 300.00 153.00 144.00 230.00 7,250.00 580.80 540.00 528.00 479.16 326.70 10,000.00 336.00 147.06 11,647.32 1,066.50 470.00 46.88 21,142.00 51,035.00 571.60 2,300.00 1,152.88 1,050.00 297.00 230.00 7,250.00 2,454.66 10,000.00 336.00 147.06 12,713.82 470.00 46.88 Page:1 apChkLst Final Check List Page: 2 04/15/2004 3:02:27PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 91291 04/15/2004 002099 BUTTERFIELD ENTERPRISES Apr restroom lease in Old Town 826.00 826.00 91292 04/15/2004 003138 CAL MAT PW patch truck materials 1,937.46 1,937.46 91293 04/15/2004 003138 CAL MAT PW patch truck materials 196.88 PW patch truck materials 124.17 PW patch truck materials 61.31 382.36 91294 04/15/2004 000413 CALIF DEPT OF FISH & GAME Streambed Alteration Agnnt:6-2003-02 1,390.50 1,390.50 91295 04/15/2004 007585 CALIF STORMWATER QUALITY Design Stormwater Practices:4/22:L 175.00 175.00 91296 04/15/2004 007488 CALIPER CORPORATION TransCAD Software License: PW 10,784.61 10,784.61 91297 04/15/2004 006075 CAMPBELL, KENTON SCOTT TCSD instructor earnings 438.40 438.40 91298 04/15/2004 000387 CAREER TRACK SEMINARS Front Desk Safety W rkshp 298.00 298.00 91299 04/15/2004 007114 COLLABORATIVE FOR DISAST '04 Disaster Resistant CA:5/4:Arbogas 125.00 125.00 91300 04/15/2004 006910 COLOR ME MINE OF TEMECUL TCSD instructor earnings 576.00 576.00 91301 04/15/2004 006553 COMMUNITY NATIONAL BANK Ret. to Escrow:Soundwall 29,653.20 29,653.20 91302 04/15/2004 002147 COMPLIMENTS COMPLAINTS & Cowboy Costumes for Volunteer Rao 280.15 280.15 91303 04/15/2004 006954 CRAFTSMEN PLUMBING & HVA Repair toilet ® CRC 480.00 480.00 91304 04/15/2004 007556 CUSTOM WOOD Sister Cities Voorburg display box gift 250.00 250.00 91305 04/15/2004 003006 DEWITT CUSTOM PAINTING Res Imp Prgm: Lovell, Beverly 2,100.00 2,100.00 91306 04/15/2004 000684 DIEHL EVANS & COMPANY LLP '04 RDA Wkshp:4/30:Simpson 175.00 175.00 91307 04/15/2004 007584 DISNEY'S GRAND CALIF HOTE Htl:Calif Travel Mrkt:4/21-24:Wolnick 679.65 679.65 91308 04/15/2004 007479 DOMINGUEZ, LUCY Refund:Photography: Beginning 85.00 85.00 Page2 apChkLst Final Check List Page: 3 04/16=04 3:02:27PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91309 04/15/2004 001669 DUNN EDWARDS CORPORATI Supplies for graffiti removal 449.91 449.91 91310 04/15/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 4/2 Heed Jensen Temp help PPE 4/2 Rush Temp help PPE 4/2 Jones Temp help PPE 4/2 Kanigowski Temp help PPE 4/2 Cammarota Temp help PPE 4/2 Sang Temp help PPE 4/9 Lontok Temp help PPE 4/2 Novotny Temp help PPE 4/2 Gutierrez 91311 04/15/2004 003665 EMERITUS COMMUNICATIONS Mar long distance phone svcs 91312 04/15/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments:4/6 Employee Luncheo 91313 04/15/2004 000165 FEDERAL EXPRESS INC Express mail services 91314 04/15/2004 007568 FINE ARTS NETWORK Refund:Security Deposit 91315 04/15/2004 004239 FISHER MERRIMAN SEHGAL Mar design svcs: Comm. Theater 91316 04/15/2004 007576 FITZPATRICK, KELLY 91317 04/15/2004 003281 FOREMOST PROMOTIONS 91318 04/15/2004 007073 GERSLEY, MISTY LYNNE 91319 04/15/2004 007571 GIRVIN, LAYNE Refund:Color Me Mine -Kids Var crime prevention supplies:Police Var crime prevention supplies:Police Var crime prevention supplies: Police Var crime prevention supplies: Police Var crime prevention supplies:Police Var crime prevention supplies: Police Retumed:crime prevention supplies TCSD instructor earnings TCSD instructor earnings Refund: Security Deposit 5,724.00 1,638.62 1,564.68 1,480.06 1,412.10 1,236.84 1,200.00 1,198.80 1,192.80 64.59 1,885.63 39.34 100.00 7,674.00 60.00 400.76 118.95 118.95 118.95 118.95 118.95 -777.36 100.80 100.80 100.00 16,647.90 64.59 1,885.63 39.34 100.00 7,674.00 60.00 218.15 201.60 100.00 Page3 apChkLst Final Check List Page: 4 04/16/2004 3:02:27PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check H Date Vendor Description Amount Paid Check Total 91320 04/15/2004 000177 GLENNIES OFFICE PRODUCTS Office supplies: PW Land Devel. 811.15 Office Supplies: Human Resources 355.17 Office Supplies: RDA LOW/MOD 351.72 Office Supplies: Info System 335.65 Office Supplies: City Mgr 325.79 Office Supplies: TCSD 258.80 Office Supplies: Police 138.89 Office Supplies: Bldg & Safety 117.26 Office supplies: Eco Devel 111.30 Office supplies: T. Museum 21.98 2,827.71 91321 04/15/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prev. 27.61 27.61 91322 04/15/2004 007583 GRANDPA'S ANTIQUE DEPOT L Seeburg Juke Box for C.Museum 91323 04/15/2004 001609 GREATER ALARM COMPANY I Target sub-stn alarm monitoring svcs 91324 04/15/2004 006502 GUADERRAMA, RHONDA Refund:Cake Decoration -Kids 91325 04/15/2004 005311 H2O CERTIFIED POOL WATER CRC/TES Pool mntc svcs & supplies 91326 04/15/2004 000378 HAFELI, THOMAS Reimb:TechMentor Sprg 04:414-8 91327 04/15/2004 002372 HARMON, JUDY TCSD instructor earnings 91328 04/15/2004 004833 IMPERIAL PAVING COMPANY I R&R A.C.0 Solana/Margarita Rd 91329 04/15/2004 004624 INGERSOLL-RAND EQUIPMENT New seat for Patch Truck Roller 91330 04/15/2004 001517 INTEGRATED INSIGHTS DBA: H Apr ee assistance program coordinato 91331 04/15/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 91332 04/15/2004 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 91333 04/15/2004 001186 IRWIN, JOHN DJ svcs: Volunteer recog. luncheon TCSD instructor earnings 91334 04/15/2004 005928 JUTKIEWICZ, ROBIN J. TCSD instructor earnings 3,555.75 3,555.75 66.00 66.00 15.00 15.00 2,247.36 2,247.36 214.34 214.34 316.80 316.80 34,597.00 34,597.00 186.13 186.13 678.30 678.30 219.86 219.86 397.25 397.25 200.00 40.00 240.00 132.00 132.00 Page:4 apChkLst 04/15/2004 3:02:27PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91335 04/15/2004 001091 KEYSER MARSTON ASSOCIAT Mar design svcs: Affordable Housing 1,673.13 Mar design svcs: Educational facility 1,653.25 3,326.38 91336 04/15/2004 004481 KIMLEY HORN & ASSOCIATES I Feb Design svcs: Multi -Purpose Trail 2,623.00 2,623.00 91337 04/15/2004 006578 KOOBA, CELESTE Reimb. for recreation supplies MPSC 69.81 69.81 91338 04/15/2004 001085 L N CURTIS & SONS Bolt Cutters for Fire Dept 215.50 215.50 91339 04/15/2004 001719 L P A INC Prepare Library grant application svcs 2,650.00 2,650.00 91340 04/15/2004 007570 LAKE ELSINORE H.S. ROTC Refund:Secudry Deposit 100.00 100.00 91341 04/15/2004 006744 LAMAR CORPORATION, THE Apr Old Town billboard lease 2,500.00 Change out Old Town Billboard 450.00 2,950.00 91342 04/15/2004 003286 LIBRARY SYSTEMS & SERVICE Mar svcs-library system agrmnt 12,652.56 Mar svcs-library system agrmnt 1,423.16 14,075.72 91343 04/15/2004 004230 LINCOLN EQUIPMENT INC Portable battery pace clock motor:TCS 104.18 104.18 91344 04/15/2004 007578 LORITZ, MELISSA Refund:Digital Cameras 1-Begin 30.00 Refund:Digital Cameras 1-Begin 30.00 60.00 91345 04/15/2004 006897 LORY, SUSAN, J. TCSD instructor earnings 252.00 252.00 91346 04/15/2004 004087 LOW E'S Misc hardware supplies: City Hall 982.72 Misc hardware supplies: City Hall 238.30 1,221.02 91347 04/15/2004 007565 LYMAN, ROBERT Refund: MPSC rental deposit 93.00 93.00 91348 04/15/2004 006182 M C M CONSTRUCTION, INC. Prgs Pmt #7: R.C. Bridge Widening 253,448.00 253,448.00 91349 04/15/2004 003782 MAIN STREET SIGNS Misc. Hardware for Signs: PW Maint. 193.95 193.95 91350 04/15/2004 000394 MAINTENANCE Registration:PW Staff:Admin Day:4/22 200.00 200.00 91351 04/15/2004 004141 MAINTEX INC Custodial Supplies: West Wing 119.09 119.09 91352 04/15/2004 001967 MANPOWER TEMPORARY SER Temp Help We 3128 A.A.M.D. 1,133.52 1,133.52 Pages apChkLst 04/15/2004 3:02:27PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91353 04/15/2004 000217 MARGARITA OFFICIALS ASSN Mar Softball Officiating Svcs 3,175.00 3.175.00 91354 04/15/2004 005114 MCCARTHY, CATHY Reimb:CPRS Conf:3110-13/04 49.05 49.05 91355 04/15/2004 003800 MCLAUGHLIN ENGINEERING Prgs Pmt #6: J. Warner Drain Impry 104,493.15 Amend #1 Pmt: J. W. Drain Impry 43,876.61 CCO #3 Pmt: J. Warner Drain Impry 11,268.50 Constr.of AC Dike along J.W. Rd. 7,512.75 Credit: Amt. Exceeds Contract -2.70 167,148.31 91356 04/15/2004 007575 MEJIA, SUSIE Refund: Ex: Whale Watching 18.00 18.00 91357 04/15/2004 007210 MIDORI GARDENS Irrigation Repairs 0 Meadows Park 105.48 105.48 91358 04/15/2004 001384 MINUTEMAN PRESS "Electrical' Labels: B&S Dept. 146.65 146.65 91359 04/15/2004 006146 MT SAN JACINTO COMMUNITY Crystal Reports Training: 3/17-25/04 3,360.00 3,360.00 91360 04/15/2004 007573 MURCHISON, ANN-BRITT Refund:Music for Children 37.00 37.00 91361 04/15/2004 001986 MUZAK INC Repair/Mainz Svcs: Sound System 177.24 177.24 91362 04/15/2004 007224 N E C BUSINESS NETWORK Relocated/Extended Cables: I.S. 310.10 310.10 91363 04/15/2004 006077 N T H GENERATION COMPUTIN Onsite SANity Check Service:4/1/04 4,800.00 On site Support SOL server:3/2 1,350.00 6,150.00 91364 04/15/2004 002139 NORTH COUNTY TIMES Mar Public Ntcs:C.Clerk/Planning 1,293.60 Mar Easter Egg Hunt Ad: TCSD 184.66 1,478.26 91365 04/15/2004 002139 NORTH COUNTY TIMES as recruitment ads for H.R. dept. 1,019.40 1,019.40 91366 04/15/2004 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 821.20 821.20 91367 04/15/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 157.68 City Vehicle Repair/Maint Svcs 71.32 City Vehicle Repair/Maint Svcs 43.95 City Vehicle Repair/Maint Svcs 41.68 City Vehicle Repair/Maint Svcs 21.34 City Vehicle Repair/Maint Svcs 5.00 340.97 Page£ apChkLst Final Check List Page: 7 04/15/2004 3:02:27PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91368 04/15/2004 002668 OMEGA LAKE SERVICES Mar Duck Pond Water Maint. Svcs 647.50 647.50 91369 04/15/2004 007384 OREGON MT. CONSTRUCTORS Material Delivery Svcs:Sports Comple 91370 04/15/2004 004389 OUT OF THE ORDINARY Finance Team BIdg:5/06/04 91371 04/15/2004 004074 PARTY CITY OF TEMECULA IN ee luncheon supplies:4/08104 91372 04/15/2004 004538 PAULEY EQUIPMENT COMPAN mule rental for special events:Code E 91373 04/15/2004 003218 PELA Mar Plan Check Svcs:Planning Mar Ldscp Plan Cks: Sports Complex 91374 04/15/2004 004790 PETER D BRANDOW & ASSOCI Mar Dsgn Svcs:79S Sidewalk/Ldscp 91375 04/15/2004 000249 PETTY CASH 91376 04/15/2004 005939 POMMER, APRIL I. 91377 04/15/2004 000253 POSTMASTER Petty Cash Reimbursement TCSD Instructor Earnings Express Mail & Postal Svcs 91378 04/15/2004 000254 PRESS ENTERPRISE COMPAN Mar Recruitment Ads for H.R. Dept. 91379 04/15/2004 002880 PRO -CRAFT SASH & SUPPLY Res Imp Prgm: Sieveke, Debie 91380 04/15/2004 003697 PROJECT DESIGN CONSULTAN Feb Eng/Architectural Svcs:79S Media Mar Eng/Architectural Svcs:79S Media 91381 04/15/2004 004318 R J BULLARD CONSTRUCTION Prgs Pmt #12: Soundwall Impry Ret. w/h Pmt #28-12:Soundwall Impry 91382 04/15/2004 002072 RANCHO CALIF WATER DIST Plan Ck Fees:Tem.Sports Complex 91383 04/15/2004 000262 RANCHO CALIF WATER DIST Various Water Meters Various Water Meters Various Water Meters Various Water Meters 91384 04/15/2004 000947 RANCHO REPROGRAPHICS Dupl. Blueprints:79S Sidewalk/Ldscp 147,570.00 1,735.00 185.93 130.00 14,030.00 473.00 152.00 543.97 96.00 94.60 3,611.55 700.00 7,202.26 1,610.00 296,532.00 -29,653.20 3,864.00 13,568.87 815.03 197.35 119.06 147,570.00 1,735.00 185.93 130.00 14,503.00 152.00 543.97 96.00 94.60 3,611.55 700.00 8,812.26 266,878.80 3,864.00 14,700.31 692.40 Page:7 apChkLst 04/15/2004 3:02:27PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91385 04/15/2004 007536 REALTY WORLD Refund:Weed Abate apn 921-242-00 124.00 124.00 91386 04/15/2004 004584 REGENCY LIGHTING Electrical Supplies: City Hall 63.36 63.36 91387 04/15/2004 000266 RIGHTWAY Equip Rental - Paseo Park 60.78 Equip Rental - Veteran's Park 59.79 Equip Rental - Riverton Park 59.79 Credit: Invoice Over Payment -62.80 Credit: Invoice Over Payment -70.61 46.95 91388 04/15/2004 000268 RIVERSIDE CO HABITAT Jan -Mar K-Rat Payment 3,665.00 3,665.00 91389 04/15/2004 000357 RIVERSIDE CO FY 02/03 Final:Traffic Signal Maint. 6,574.48 6,574.48 91390 04/15/2004 001097 ROADLINE PRODUCTS INC Maintenance Supplies:PW Stencil Trk 1,680.10 1,680.10 91391 04/15/2004 000271 ROBERT BEIN W M FROST & A Feb Prof Svcs:Prjt Study Report:115/7 365.97 365.97 91392 04/15/2004 005018 SACHER, SUZANNE L. TCSD Instructor Earnings 60.00 60.00 91393 04/15/2004 000278 SAN DIEGO UNION TRIBUNE as recruitment ads for H.R. dept. 629.22 529.22 91394 04/15/2004 007574 SCHULZ, JEANETTE Refund: Ex: Whale Watching 13.00 13.00 91395 04/15/2004 007489 SIX FLAGS MAGIC MOUNTAIN Magic Mtn excursion: CRC 676.50 676.50 91396 04/15/2004 007566 SLATER, CYNITA Refund:Park-Picnic Area:4/03/04 25.00 25.00 91397 04/15/2004 000645 SMART & FINAL INC Supplies for Easter Egg Hunt: 4/10/04 1,765.60 Supplies for Teen Prgm 58.69 Supplies for Band Jam: 4/2/04 6.44 1,830.73 91398 04/15/2004 000537 SO CALIF EDISON Apr 2-01-202.7330 Citywide Str. Lamp 35,956.98 Apr 2-01-202-7603 Arterial Str. Lights 13,828.87 Apr 2-02-351-5281 CRC 5,206.46 Apr 2-00-987-0775 Vail Ranch 4,574.33 Mar 2-05-791-8807 Various Meters 3,576.60 Apr 2-22-417-8772 Rancho Vista 2,749.93 Apr 2-06-105-0654 Various Mtrs 2,190.29 Apr 2-10-331-1353 Fire Stn 84 763.50 Apr 2-23-548-1975 Various Mtrs 29.58 68,875.54 Pages apChkLst Final Check List Page: 9 04/15/2004 3:02:27PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91399 04/15/2004 000519 SOUTH COUNTY PEST Pest Control Svcs: CRC 90.00 Pest Control Svcs: Fire Stn 92 42.00 132.00 91400 04/15/2004 004496 SPARKS EXHIBITS & Amend #4 Prgs Pmt: C. Museum 172,474.20 172,474.20 91401 04/15/2004 002015 STAR WAY PRODUCTIONS Audio Svcs:Bluegrass Festival:3/20-21 91402 04/15/2004 002366 STEAM SUPERIOR CARPET CL Replace Carpet wlrile:CRC Teen Roo Carpet Cleaning Svcs @ City Hall Carpet Cleaning Svcs @ West Wing Carpet Cleaning Svcs 0 Sr Ctr Wax CRC Teen Room Floor Cleaning Kitchen @ CRC 91403 04/15/2004 006145 STENO SOLUTIONS TRANSCRI Mar Transcription Svcs:Tem. Police 91404 04/15/2004 007569 T.V. JEHOVAH'S WITNESS Refund:Sec. Deposit:CRC:4/04/04 91405 04/15/2004 000305 TARGET STORE Office Supplies for PW Dept. Office Supplies for PW Dept. Easter Egg Hunt Supplies: TCSD 91406 04/15/2004 006914 TEMECULA COPIERS INC. Mar copier usage charges: City Hall 91407 04/15/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs: Parks/West Wing 91408 04/15/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 91409 04/15/2004 003862 THYSSENKRUPP ELEVATOR. 91410 04/15/2004 000668 TIMMY D PRODUCTIONS INC 91411 04/15/2004 003715 TMT-PATHWAY. LLC 91412 04/15/2004 007572 TOLLER, D'VORAH Elevator Maint Svcs: City Hall Credit Monitoring Svcs Exceeds DJ/MC Svcs: Easter Egg Hunts: 4/10 DJ for Teen Prgm Dance:4/9/04 Traffic Marking Pelnt:PW Stencil Trk Red Curb Marking Paint for City Parks Refund: Exercise -Belly Dancing 91413 04/15/2004 000978 TRAUMA INTERVENTION PRG 3rd Qtr Emerg. Response Vol. Prgm 91414 04/15/2004 004846 UNITED GREEN MARK INC Irrigation Supplies for Slopes 3,200.00 3,375.00 2,200.00 800.00 350.00 300.00 250.00 FPilx . r rr w, 304.34 118.56 49.36 3,584.27 93.05 140.00 1,025.88 -5.88 450.00 350.00 6,897.36 446.09 35.00 2,181.25 93.16 3,200.00 7,275.00 954.88 100.00 472.26 3,584.27 93.05 140.00 1,020.00 800.00 7,343.45 35.00 2,181.25 93.16 Page9 apChkLst Final Check List Page: 10 ON15/2004 3:02:27PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91415 04/15/2004 006637 V C A CODE GROUP Mar Plan Check Svcs: B&S Dept. 19,124.06 19,124.06 91416 04/15/2004 004504 VAIL RANCH SELF STORAGE Apr OFfsite Storage for Records Mgmt 30.00 30.00 91417 04/15/2004 004261 VERIZON CALIFORNIA Mar xxx-1540 O.T. Prk Lot 89.72 Apr xxx-1941 PTA CD TTACSD 56.83 Apr xxx-3851 General Usage 40.70 Mar xxx-5840 General Usage 31.19 Mar xxx-5780 General Usage 31.19 Mar xxx-2730 Elevator 28.87 Mar xxx-2670 911 Auto Dialer 28.87 307.37 91418 04/15/2004 004789 VERIZON INTERNET SOLUTION Internet Svcs/EOC Backup @ Stn 84 69.95 69.95 91419 04/15/2004 007579 WEBER, MOLLY Refund:Color Me Mine -Kids 60.00 60.00 91420 04/15/2004 007577 WEIR, JOYCE Refund:Yoga for Seniors 72.00 72.00 91421 04/15/2004 007587 W EISZ, FRED Release Claims Agrmnt Pmt 2,000.00 2,000.00 91422 04/15/2004 000621 WESTERN RIVERSIDE COUNC Mar 2004 TUMF Fees 73,150.00 73,150.00 91423 04/15/2004 004829 WILSON GROUP LLC, THE Apr State Lobbyist Svcs for City Issue 3,500.00 3,500.00 91424 04/15/2004 007588 WOLNICK, GLORIA Adv:Calif. Travel Mrkt: 4/22-23/04 100.00 100.00 91425 04/15/2004 007141 ZIGLER, GAIL L. TCSD Instructor Earnings 705.60 705.60 91426 04/15/2004 007567 ZOYLOPOULOS, CATHERINE Refund:Sec. Deposit:MCP#1:5/0a/04 167.00 167.00 Sub total for UNION BANK OF CALIFORNIA: 1,617,618.96 Page:10 apChkLst Final Check List Page: 1 04/22/2004 10:42:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check R Date Vendor Description Amount Paid Check Total 308 04/22/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 19,004.37 19,004.37 309 04/22/2004 000444 INSTATAX (EDD) State Disability Ins Payment 14,976.75 14,976.75 310 04/22/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 59,202.36 59,202.35 311 04/22/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr. Payme 58,854.08 58,854.08 312 04/22/2004 000389 U S C M WEST (OBRA), OBRA- Project Retirement Payment 2,170.44 2,170.44 91427 04/16/2004 000418 RIVERSIDE CO CLERK & Record Neg. Declaration on Deportola 1,314.00 1,314.00 91428 04/22/2004 007440 1 ST CLASS COLLISION MURRIE Repairs to Fire volunteers vehicle 1,200.00 1,200.00 91429 04/22/2004 005277 2 H CONSTRUCTION INC Jan prgss pmt: C. Museum Prjt 14,414.58 14,414.58 91430 04/22/2004 002786 4N6XPRT SYSTEMS Auto Stats software for Police 398.88 398.88 91431 04/22/2004 007598 ABCO 100 Travelers Insurance for Sister City Trip 119.60 119.60 91432 04/22/2004 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 16.81 16.81 91433 04/22/2004 005288 ADAMS, GREG Reimb: AED/CPR ad in School Pub 139.00 139.00 91434 04/22/2004 000936 AMERICAN RED CROSS Certificate Fees for Lifeguard 80.00 Certificate Fees for Lifeguard 72.00 152.00 91435 04/22/2004 005772 AMTEK INC Cell phone car charger: IS 60.34 60.34 91436 04/22/2004 000101 APPLE ONE, INC. Temp help PPE 4/3 Medina 566.28 Temp help PPE 4/3 Douvres 540.00 Temp help PPE 4/3 Lee 455.40 Temp help PPE 4/3 Alexander 304.92 1,866.60 91437 04/22/2004 002W AUTO CLUB OF SOUTHERN CA Membership: Kevin Harrington 89552 44.00 Membership: Matt Wiechec 88552195 44.00 Membership: Marianne Parker 88551 44.00 Membership: Brad Buron 88550918 44.00 Membership: Chris Payne 72238014 44.00 220.00 Page:1 apChkLst ' Final Check List Page: 2 04/22/2004 10:42:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91438 04/22/2004 000622 BANTA ELECTRIC-REFRIGERA Install TCC refrigerator defrost timer 320.00 320.00 91439 04/22/2004 007385 BAUDVILLE INC Employee recognition prgm supplies 271.14 271.14 91440 04/22/2004 004262 BIO-TOX LABORATORIES DUI Drug & Alcohol Screening 808.61 DUI Drug & Alcohol Screening 447.61 1,256.22 91441 04/22/2004 006721 BOISE CASCADE OFFICE 10 - IC recorders for Police dept 586.59 Office Supplies: Finance 103.71 Office Supplies: Finance 99.45 Office Supplies: Fire Prevention 37.85 827.60 91442 04/22/2004 001159 CALIF DEPT OF JUSTICE Fingerprinting ID svcs:Police Dept 2,244.00 2,244.00 91443 04/22/2004 007589 CAPELLI INC. Refund: Security deposit 100.00 100.00 91444 04/22/2004 000131 CARL WARREN & COMPANY I Claim adjuster services 885.23 885.23 91445 04/22/2004 004006 CARROLL, JOSEPH Chuck Washington business photos 253.16 253.16 91446 04/22/2004 007600 CEBALLOS, NANCY Refund: Picnic shelter rental 30.00 30.00 91447 04/22/2004 004602 CHALLENGER DOOR'S Res Imp Prgm: Vasquez, Rigoberto 725.00 725.00 91448 04/22/2004 000137 CHEVRON U S A INC City vehicles fuel a)pane: Police 330.69 City vehicles fuel expense:Police/CM 317.95 648.64 91449 04/22/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 91450 04/22/2004 000447 COMTRONIX OF HEMET Motorcycle radio installation:Police 2,498.18 Motorcycle radio installation:Police 2,498.18 Motorcycle radio installation:Police 2,498.00 7,494.36 91451 04/22/2004 002631 COUNTS UNLIMITED INC Citywide traffic count data collection 865.00 865.00 91452 04/22/2004 003945 DIAMOND ENVIRONMENTAL Portable restroom rental:De Portola R 62.86 62.86 91453 04/22/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 947.99 Fuel for city vehicles: PW Mntc 61353 707.06 1,655.05 91454 04/22/2004 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 245.65 245.65 Page2 apChkLst ' 04/22/2004 10:42:39AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 91455 04/22/2004 006746 ECO NOMICS, INC Base yr trash collection audit svcs 3,569.50 3,569.50 91456 04/22/2004 000164 ESGIL CORPORATION Mar B&S plan check svcs 13,761.80 13,761.80 91457 04/22/2004 006487 EUROPEAN CAFE & VINEYARD REFRESHMENTS: COUNCIL MEETI 230.48 230.48 91458 04/22/2004 004464 EXXONMOBIL CARD SERVICES City vehicles fuel expense: Police/CM 346.40 346.40 91459 04/22/2004 000165 FEDERAL EXPRESS INC Express mail services 155.56 155.56 91460 04/22/2004 001511 FI ELDMAN ROLAPP & ASSOCIA Financial analysis:Butterfield CFD 1,052.66 1,052.66 91461 04/22/2004 000166 FIRST AMERICAN TITLE Lot Book Report: Cruz 150.00 Lot Book Report: Shaw 150.00 Lot Book Report: Mendoza 150.00 450.00 91462 04/22/2004 001135 FIRST CARE INDUSTRIAL MED Employee physicals and drug testing 215.00 215.00 91463 04/22t2004 000172 G A S S 1 yr sub GASS comprehensive plan 190.00 190.00 91464 04/22/2004 000177 GLENNIES OFFICE PRODUCTS Skate Park Cash Register 70.72 70.72 91465 04/22/2004 001609 GREATER ALARM COMPANY I Alarm monitoring:Police storefront 87.00 87.00 91466 04/22/2004 004053 HABITAT WEST INC Mar Lg Cnyn Basin Mntc Agrmt 558.33 Feb Lg Cnyn Basin Mntc Agrmt 558.33 Apr Lg Cnyn Basin Mntc Agrmt 558.33 1,674.99 91467 04/22/2004 002906 HEMET FENCE COMPANY Res Imp Prgm: Vasuez, Rigoberto 2,540.00 2,540.00 91468 04/22/2004 001013 HINDERLITER DE LLAMAS & AS 4th Qtr Sales tax consulting/recovery 6,864.93 3rd QIr Sales tax consultingtrecovery 6,608.67 13,473.60 91469 04/22/2004 005748 HODSON, CHERYL A. Support Payment 56.75 56.75 91470 04/22/2004 006074 ICC Disabled Access Sem:4/29:Staff 100.00 100.00 91471 04/22/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 6,236.18 6,236.18 Page3 apChkLst Final Check List Page: 4 0422/2004 10:42:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 91472 04/22/2004 001407 INTERVALLEY POOL SUPPLY I Pool sanitizing chemicals 158.93 158.93 91473 04/22/2004 004603 JOHNSON POWER SYSTEMS Repair EOC Generator ® CRC 786.94 786.94 91474 04/22/2004 004115 K T U & ASSOCIATES Feb Roripaugh ranch mstr desgn svcs 2,131.86 2,131.86 91475 04/22/2004 007400 KASPEROWICZ, JOHN 91476 04/22/2004 000205 KIDS PARTIES ETC 91477 04/22/2004 001282 KNORR SYSTEMS INC 91478 04/22/2004 001085 L N CURTIS & SONS Recycling Exhibit: Childrens Museum Recycling Exhibit: Childrens Museum Special Event Party Jumps Chem Feed pump for CRC pool Stair chair handle lock: Medics 91479 04/22/2004 001719 L P A INC Feb design svcs: Library prjt 91480 04/22/2004 000945 L P S COMPUTER SERVICE Repair HP U 400/4050/8500 printers Replace Epson tractor feed Repair U 8550 printer Credit: Overpayment on Acct 91481 04/22/2004 007595 LEAK, ANTHONY Refund:Sec. Deposit:CRC:4/10/04 91482 04/22/2004 004905 LIEBERT, CASSIDY & W HITMOR Mar HR legal svos for TE060400001 91483 04/22/2004 004087 LOWE'S Misc hardware supplies: TCSD 91484 04/22/2004 007518 LYNN PEAVEY COMPANY Crime scene privacy screens: Police 91485 04/22/2004 004141 MAINTEX INC Custodial Supplies: Old Town Custodial Supplies: CRC Custodial Supplies: T. Museum Custodial Supplies: TCC Custodial Supplies: Sr Ctr 91486 04/22/2004 002693 MATROS, ANDREA TCSD Instructor Earnings 91487 04/22/2004 007214 MAUREEN KANE & ASSOCIATE Tech Track/Clerk Tm:6/8-11/04 6,750.00 3,500.00 720.00 2,100.12 137.71 11,427.50 495.54 229.26 95.00 -616.35 576.00 344.22 626.90 447.62 323.98 320.01 205.39 199.76 dYrEQy 1,760.00 10,250.00 720.00 2,100.12 137.71 11,427.50 203.45 100.00 576.00 344.22 626.90 1,496.76 160.00 1,760.00 Page:4 apChkLst ' 04/22/2004 10:42:39AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91488 04/22/2004 007210 MIDORI GARDENS Mar Ldscp Maint: Neighborhood Parks 28,026.35 28,026.35 91489 04/22/2004 005887 MOFFATT & NICHOL ENGINEER Feb Consult Svcs: F.V. Pkwy/I-15 1,300.00 1,300.00 91490 04/22/2004 007224 N E C BUSINESS NETWORK Telephone System Repair/Maint 10,820.64 10,820.64 91491 04/22/2004 002037 NEXUS INTEGRATION SERVICE Provide Cabeling:Children's Museum 4,165.95 4,165.95 91492 04/22/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 31.34 31.34 91493 04/22/2004 003955 PANE CONSULTING SERVICE ( 2004 S.M.A.R.T. Prgm T-Shirts 2,259.15 2,259.15 91494 04/22/2004 006073 PAPP, EMERY Reimb:'04 Planner's Institute:3/31-4/3 296.24 296.24 91495 04/22/2004 003218 PELA Feb TCSD Ldscp Plan Ck Svcs 6,230.00 Mar TCSD Ldscp Plan Ck Svcs 5,750.00 Jan TCSD Ldscp Plan Ck Svcs 1,030.00 13,010.00 91496 04/22/2004 001958 PERS LONG TERM CARE FROG PERS Long Tenn Care Payment 288.55 288.55 91497 04/22/2004 000249 PETTY CASH Petty Cash Reimbursement 249.15 249.15 91498 04/22/2004 000580 PHOTO WORKS OF TEMECULA Mar Film/Photo Dev: Econ Dev 148.57 148.57 91499 04/22/2004 000252 POLYCRAFT INC Gym Res./Non Res. I.D. Card Stickers 396.52 396.52 91500 04/22/2004 000254 PRESS ENTERPRISE COMPAN TCSD/RDA Spec. Events Ads 1,219.50 1,219.50 91501 04/22/2004 005852 RAMONA VNA & HOSPICE Donation:Memory of Evelyn Harker 50.00 50.00 91502 04/22/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 6,572.42 6,572.42 91503 04/22/2004 004584 REGENCY LIGHTING Electrical Supplies: Var. Parks 188.93 188.93 91504 04/22/2004 007596 RHONDA ASSOCIATION, THE Refund:Sec. Deposit:CRC:4/7/04 100.00 100.00 91505 04/22/2004 002412 RICHARDS WATSON & Feb 2004 Legal Services 187,033.64 187,033.64 Pages apChkLst 04/22t2G04 - 10:42:39AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91506 04/22/2004 006483 RICHARDS, TYREASHA I. TCSD Instructor Earnings 224.00 224.00 91507 04/22/2004 000352 RIVERSIDE CO ASSESSOR Apr Assessor Maps for B&S Dept. 9.00 9.00 91508 04/22/2004 000418 RIVERSIDE CO CLERK & Ntc/Ezempt.:E.A. 109:S.G.Bike/Tmil 64.00 64.00 91509 04/22/2004 000418 RIVERSIDE CO CLERK & Mar Aperture Card Duplicates: PW 24.10 24.10 91510 04/22/2004 000873 ROBERTS, RONALD H. Reimb:Leag/Cities Congr. Cf:3/5-10/ 67.87 67.87 91511 04/22/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 91512 04/22/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 91513 04/22/2004 007597 SCOTT, SEAN 0. Refund:Sec. Deposit:CRC:4/10/04 100.00 100.00 91514 04/22/2004 004609 SHREDFORCE INC Apr Doc. Shred Svcs: City Hall 110.00 Apr Doc. Shred Svc: P.D. O.T. Sm 24.00 134.00 91515 04/22/2004 000537 SO CALIF EDISON Mar 2-00-397-5059 Various Mfrs 6,681.17 Mar 2-19-999-9442 Various Mtrs 1,350.05 Apr 2-25-393-4681 T.E.S. Pool 474.40 Apr 2-24-628.8963 Btrfld Stage 25.40 8,531.02 91516 04/22/2004 001212 SO CALIF GAS COMPANY Apr City Facilities Gas Meters 2,529.07 Apr 095-167-7907-2 Fire Stn 84 140.05 2,669.12 91517 04/22/2004 007599 SOLANO PRESS BOOKS Land Use and Planning Law Book 59.63 59.63 91518 04/22/2004 004247 STERICYCLE INC Mar Med. Waste Collection Svcs 93.60 93.60 91519 04/22/2004 006465 TEMECULA AUTO REPAIR Paramedic Vehicle Repair/Maint Svcs 279.48 Paramedic Vehicle Repair/Maint Svcs 129.00 408.48 91520 04/22/2004 007340 TEMECULA VALLEY FIRE EOUI Fire Extinguisher Maint Svc: City Hall 17.00 17.00 91521 04/22/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs: 6th St. Park 88.23 Locksmith Svcs: Mercantile Bldg 7.24 95.47 91522 04/22/2004 004875 TEMECULA VALLEY TIME MAC TCSD Instructor Earnings 1,216.00 1,216.00 PageB apChkLst ' Final Check List Page: 7 041=004 10:42:39AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91523 04/22/2004 006192 TRISTAFF GROUP Temp Help w/e 04/04 Bradley 416.00 416.00 91524 04/22/2004 007118 U S TELPACIFIC CORPORATIO Apr Internet IP Addresses Block 539.75 539.75 91525 04/22/2004 004981 UNISOURCE SCREENING & 3/16-31/04 Background Ck Svcs: H.R. 365.00 365.00 91526 04/22/2004 000325 UNITED WAY United Way Charities Payment 91527 04/22/2004 004261 VERIZON CALIFORNIA Apr xxx-5072 General Usage Apr xxx-0073 General Usage Apr xxx-1473 P.D. Storefront Stn Apr xxx-1603 City Hall Apr xxx-8573 General Usage Apr xxx-3923 Stone 91528 04/22/2004 007208 VINCES SPAGHETTI EXPRESS Refreshments: Mother/Son Date Nits, 91529 04/22/2004 004426 VINTAGE FRIENDS Tombstones: Every 15 Min Pgrm 220.00 4,090.08 255.50 127.91 89.73 30.16 27.16 495.00 .r W Sub total for UNION BANK OF CALIFORNIA: r rr 4,620.54 495.00 546,280.01 Page:? apChkLst Final Check List Page: 1 04/29/2004 1:53:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 91530 04/29/2004 004148 A T & T Description Amount Paid Check Total Long distance svcs: P.D. 94.55 94.55 91531 04/29/2004 003394 AIRGAS Acetylene torch & supplies: Stn 73 91532 04/29/2004 006915 ALLIE'S PARTY EQUIPMENT Equip rental for Bluegrass Festival Equip rental: Comm Theater ceremon 91533 04/29/2004 006463 AMERICAN LANDSCAPE Mar Idscp mntc: Sports Park Mar Idscp mntc: North Slope Credit: Requirements not meet:N.Slope Credit: Requirements not meet:Sprts Prk 91534 04/29/2004 000747 AMERICAN PLANNING ASSOCI Membership: Stuart Fisk, AICP 1277 91535 04/29/2004 000936 AMERICAN RED CROSS 91536 04/29/2004 005772 AMTEK INC 91537 04/29/2004 000101 APPLE ONE, INC. 91538 04/29/2004 006300 ASSOCIATION OFAMERICAN Lifeguard training supplies:Aquatics Misc. Cell Phone Accessories Misc. Cell Phone Accessories Temp help PPE 4/17 Medina Temp help PPE 4/10 Medina Temp help PPE 4/3 Wills Temp help PPE 4/17 Douvres Temp help PPE 4/10 Douvres Temp help PPE 4/17 Wills Temp help PPE 4/17 Lee Temp help PPE 4/10 Lee Temp help PPE 4/10 Wills Temp help PPE 4/10 Alexander Temp help PPE 4/17 Alexander Membership: John DeGange 900033 91539 04/29/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Steven Sterling 885522 91540 04/29/2004 000622 BANTA ELECTRIC-REFRIGERA Install CRC pool pump float switch Install CRC pool pump control circuit Electrical repairs: CRC 91541 04/29/2004 007605 BARKER, DOUG Refund:Security Depst/Cancelled even 91542 04/29/2004 002541 BECKER CONSTRUCTION SRV Citywide A.C. Saw cutting for PW mnt J. Smith Channel silt removal Svcs 1,537.86 211.27 25,645.82 15,533.00 -6,080.00 -8,825.00 303.00 18.96 7.76 580.80 580.80 580.80 540.00 533.25 464.64 422.40 422.40 348.48 304.92 297.66 140.00 3,275.00 475.00 175.00 225.00 5,000.00 3,000.00 90.99 1,749.13 26,273.82 303.00 160.00 26.72 5,076.15 140.00 44.00 3,925.00 225.00 8,000.00 Page:1 apChkLst 04/29/2004 1:53:OOPM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 91543 04/29/2004 006721 BOISE CASCADE OFFICE office supplies: Finance 25.13 25.13 91544 04/29/2004 001089 CALIF DEBT & INVESTMENT Debt Financing Sem:5/6-7:DeLaTorre 250.00 250.00 91545 04/29/2004 004241 CALIF DEPT OF ARCHITECT State plan check fees: Public Library 2,979.56 2,979.56 91546 04/29/2004 005375 CAMMAROTA, SUSAN POWWOW FAM Tour supplies 237.86 237.86 91547 04/29/2004 004971 CANON FINANCIAL SERVICES, May lease pmt for City Copiers 6,797.24 May lease pmt for Sm 73/CRC Copies 328.63 7,125.87 91548 04/29/2004 007609 CARE -RITE RECREATIONAL SE Refund:Security Deposit 100.00 100.00 91549 04/29/2004 002534 CATERERS CAFE Refreshments: Budget Workshop 71.43 Refreshments: Campus Ad Hoc Mtg 24.47 Refreshments: Budget Meeting 23.18 119.08 91550 04/29/2004 004381 CENTER FOR HEALTHCARE ACLS certification renewals: Medics 25.00 25.00 91551 04/29/2004 007490 CENTRAL COAST mrktg: Good Old Day car show shirts 212.60 212.60 91552 04/29/2004 001249 CENTRE FOR ORG EFFECTIVE MGMT ACADEMY FOR MID-MGMT 5,550.00 Consultant for Exec. Mgmt Retreat 1,850.00 7,400.00 91553 04/29/2004 007608 CHAPARRAL HIGH SCHOOL Refund:Security Deposit 100.00 100.00 91554 04/29/2004 000442 COMPUTER ALERT SYSTEMS Install C.Museum alarm system 1,500.00 1,500.00 91555 04/29/2004 007469 CONQUEST MARKETING GROU supplies for Just 4 Kidz: TCSD 125.00 125.00 91556 04/29/2004 003739 COTTON BRIDGES ASSOCIATE Oct -Apr General plan update svcs 4,777.50 4,777.50 91557 04/29/2004 006954 CRAFTSMEN PLUMBING & HVA CRC plumbing Svcs 1,435.80 1,435.80 91558 04/29/2004 004123 D L PHARES & ASSOCIATES May Lease & Maint: Police Satellite 2,086.14 2,086.14 91559 04/29/2004 007627 DANFORD, RUBY Refund: ExSr:Welk:l Love You 40.00 40.00 91560 04/29/2004 003006 DEWITT CUSTOM PAINTING Res Imp Prgm: Vega, T. & C. 1,750.00 1,750.00 Page2 apChkLst 04/29/2004 1:53:OOPM Final Check List CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 91561 04/29/2004 001669 DUNN EDWARDS CORPORATI Supplies for graffiti removal: PW mntc 91562 04/29/2004 001380 E S I EMPLOYMENT SERVICES Temp Help PPE 4/16 Heer/Jensen Temp help PPE 4/16 Rush Temp help PPE 4/16 Novotny Temp help PPE 4/16 Cammarota Temp help PPE 4/23 Kanigowski Temp help PPE 4/16 Jones Temp help PPE 4/16 Lontok Temp help PPE 4/23 Gutierrez Temp help PPE 4/16 Sang Temp help PPE 4/2 Barreda Temp help PPE 4/16 Barreda 91563 04/29/2004 005052 EMCOR SERVICE H.V.A.C. Compressor repair @ CRC H.V.A.C. repair @ City Hall H.V.A.C. Repair 0 City Hall 91564 04/29/2004 007611 EMPIRE PRODUCTIONS Refund:Security Deposit 91565 04/29/2004 005251 EQUIPMENT REPAIR SERVICE Mobile equip repair svcs:PW mntc Mobile equip repair svos: PW mntc 91566 04/29/2004 006487 EUROPEAN CAFE & VINEYARD Refreshment: Comm Theater ceremon 91567 04/29/2004 001056 EXCEL LANDSCAPE 91568 04/29/2004 001701 EXCEL RENTAL CENTER 91569 04/29/2004 000165 FEDERAL EXPRESS INC Mar Idscp impr:Tradewinds slope Mar Idscp impr: Vail Ranch Prkwy Mar Idscp impr:Crowne Hill Slope Mar Idscp impr:Vail Ranch Prkwy Mar Idscp impr:Meadows Prkwy Mar Idscp impr:Vail Ranch Prkwy leaf blower rental: PW mntc Express mail services Express mail services Amount Paid 53.68 5,167.47 1,691.19 1,579.67 1,350.58 1,331.48 1,231.21 1,200.00 1,192.80 1,097.15 1,091.20 1,078.40 1,469.56 540.53 227.50 Iu1ar.11 1,931.75 1,038.00 300.00 252.00 243.02 198.36 165.00 ff WEl 114.10 61.32 Page: 3 Check Total 53.68 18,011.15 2,237.59 100.00 1,539.34 1,831.75 2,196.38 11.98 175.42 Page3 apChkLst Final Check List Page: 4 04/29/2004 1:53:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91570 04/29/2004 003347 FIRST BANKCARD CENTER 007028 AMERICAN AIRLINES TT Airfare:TechMentor Cf:Hafeli 511.90 006937 SOUTHWEST AIRLINES TT AirFare: Accela Cf:Krueger/Thorso 468.40 001193 COMP U S A INC TT External zip drive:GIS 180.62 002652 PAT & OSCARS RESTAURANT SJ Refreshments:Council Mtg 158.31 007023 HUNGRY HUNTER JO Refreshments: Mayor's Meeting 146.57 000871 HILTON SN Meals/Htl:CPRS Conf:3110-13 145.24 006937 SOUTHWEST AIRLINES MN AirFare:League Comm Mtg:3/19 92.00 006077 N T H GENERATION COMPUTIN TT LC -LC Cable kit: IS 82.97 007632 FILMTOOLS #2 TT Telephone holsters: IS 59.71 005786 SPRINT TT replace fee for lost phone: IS 35.00 004020 MISSION INN FOUNDATION SJ Meal:Tech Expo:Jones/Thorson 31.75 000609 DOUBLETREE HOTEL MN Htl:League Comm Mtg:3/19 18.72 005568 MAIN STREET SUB STATION TT Refreshments: Team Building 15.11 006938 EARTHLINK INC TT Council members Internet svcs 12.83 006942 ONTARIO AIRPORT MN Prkg:League Comm Mtg:3/19 12.00 007594 EXPEDIA.COM TT Agent fee:TechMentor Cf:Hafeli 5.00 1,976.13 91571 04/29/2004 007623 FOLLOSCO, GRACE Refund:Musicians Wksp-Beg Strings 121.00 121.00 91572 04/29/2004 000795 FRED PRYOR SEMINARS/CARE Mistake -free Grammar:6/24:Lariccia 99.00 99.00 91573 04/29/2004 000795 FRED PRYOR SEMINARS/CARE Stress mgmt: 5/20:Lariccia/Ching 78.00 78.00 91574 04/29/2004 007616 GARCIA, PATRICIA Refund: Park -Picnic Area 30.00 30.00 91575 04/29/2004 000177 GLENNIES OFFICE PRODUCTS Office supplies: Medic/Prevention 555.54 555.54 91576 04/29/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prevention 49.98 49.98 91577 04/29/2004 000175 GOVERNMENT FINANCE OFF] Membership: Kadn Landfried-Grance 200.00 200.00 91578 04/29/2004 007620 HEWETT, JACYLN Refund: Ex Sr: Welk: I Love You 80.00 80.00 Page:4 apChkLst 04/29/2004 1:53:OOPM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 91579 04/29/2004 004811 HEWLETT PACKARD 3 HP LaserJet 1300 Printer 1,192.79 1,192.79 91580 04/29/2004 007508 HILTI INC Fire Equip for Homeland security 2,436.63 2,436.63 91581 04/29/2004 007619 HUBLER, BRIAN Refund:Parking Citation #1551 50.00 50.00 91582 04/29/2004 007614 HUMES, WENDY Refund: Kids Love Soccer 80.00 80.00 91583 04/29/2004 000193 I C M A Pub: '04 Muni Yr Book 43052 102.03 102.03 91584 04/29/2004 007610 ICTV Refund:Security Deposit 83.00 83.00 91585 04/29/2004 002166 INGRAM ELECTRIC Tract lights for T. Museum 11,000.00 11,000.00 91586 04/29/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 262.92 262.92 91587 04/29/2004 006113 INTL ASSN OF FIRE CHIEFS- IA Membership: Jim McBride 61109 230.00 Membership: Howard Windsor 61519 230.00 460.00 91588 04/29/2004 004444 INTUIT IT SOLUTIONS Track it inventory records upgrade 444.38 444.38 91589 04/29/2004 003280 JON LASKIN BAND Apr 17 Youth jazz festival 0 Wrkshp 200.00 Apr 17 Youth jazz festival @ Roses 200.00 400.00 91590 04/29/2004 007612 KING, TERESA Refund: Kids Love Soccer 10.00 10.00 91591 04/29/2004 002863 LAW SON PRODUCTS INC supplies for catch basin: PW mntc 356.28 356.28 91592 04/29/2004 007621 LEWIS, DARCY Refund: Kids Luv Soccer Pre 4-6/F 80.00 80.00 91593 04/29/2004 003286 LIBRARY SYSTEMS & SERVICE Refreshment: Volunteer luncheon 1,304.00 1,304.00 91594 04/29/2004 004087 LOWE'S hardware supplies: West Wing 59.23 59.23 91595 04/29/2004 004697 LOWES HIW INC hardware supplies: City Hall 579.07 579.07 91596 04/29/2004 004772 MAACO AUTO PAINTING & BOD B&S Vehicle Repairs 178.45 178.45 Pages apChkLst 04/29/2004 1:53:OOPM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91597 04/29/2004 003782 MAIN STREET SIGNS Street name signs/supplies 1,092.59 Pechanga Pkwy Imprv/Start date signs 774.18 Var. Signs for TCSD 533.36 2,400.13 91598 04/29/2004 000394 MAINTENANCE Edut`JTech Conf:10/5-7/04:R.West 300.00 300.00 91599 04/29/2004 004141 MAINTEX INC City Hall Custodial Supplies 41.78 41.78 91600 04/29/2004 007580 MAJOR JEWELERS Refund:Tiny Tots -Fab 4's 51.00 51.00 91601 04/29/2004 004068 MANALILI, AILEEN TCSD Instructor Earnings 947.52 947.52 91602 04/29/2004 001967 MANPOWER TEMPORARY SER Temp Help w/e 4/04 A.A./J.D. 741.40 741.40 91603 04/29/2004 004BO3 MAPLOGIC CORPORATION Arcgis spatial analyst 8.3 S. U 4,784.10 Sales Tax for inv# MLC-2004-105 -344.10 4,440.00 91604 04/29/2004 003800 MCLAUGHLIN ENGINEERING Prgs Pmt #7:J.W. Rd. Impry 144,861.74 144,861.74 91605 04/29/2004 007622 MENCH, JOANN Refund: Exercise -Belly Dancing 30.00 30.00 91606 04/29/2004 004951 MIKE'S PRECISION WELDING I CRC Repair Broken Gate 250.00 250.00 91607 04/29/2004 001384 MINUTEMAN PRESS Envelopes for B&S Dept 200.09 Business Cards: S. Jones 42.83 Business Cards: L. Nottingham 42.83 285.75 91608 04/29/2004 001892 MOBILE MODULAR Apr Modular Bldg Rental:Stn 92 832.40 832.40 91609 04/29/2004 005887 MOFFATT & NICHOL ENGINEER Feb Consultant Svcs:F.V. Pkwy 12,248.15 12,248.15 91610 04/29/2004 007613 MORELLI, ANTHONY Refund:ExSr:Carlsbad Flwr Flds 15.00 15.00 91611 04/29/2004 007011 MORRIS MEYERS MAINTENAN Mar Park Janitorial svcs: City Wide 4,500.00 4,500.00 91612 04/29/2004 002257 MOST DEPENDABLE FOUNTAI City 3 3/8"x26" Hose:TCSD Maint 112.00 112.00 91613 04/29/2004 007629 MUHS NIGHTHAWKS BAND SO Refund:Security Deposit:MPSC 100.00 100.00 PageB apChkLst 04/29/2004 1:53:OOPM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 91614 04/29/2004 000230 MUNIFINANCIAL Jan -Mar Assessment Eng Svcs 191.53 191.53 91615 04/29/2004 001986 MUZAK -SOUTHERN CALIFORN May music for phones: City Hall 120.86 120.86 91616 04/29/2004 007628 OAKES,DARLENE Refund: Yoga for Seniors -Fri 8.00 8.00 91617 04/29/2004 003964 OFFICE DEPOT BUSINESS SVS Office Supplies: PD Storefront Sm 320.88 320.88 91618 04/29/2004 007320 OFFICE ERGONOMIX 2 Workrite Keyboards under Desk Tra 1,380.28 1,380.28 91619 04/29/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 621.58 City Vehicle Repair/Maint Svcs 108.12 City Vehicle Repair/Maint Svcs 102.50 City Vehicle Repair/Maint Svcs 90.21 City Vehicle Repair/Maint Svcs 36.19 958.60 91620 04/29/2004 001171 ORIENTAL TRADING COMPANY Easter Rec. Supplies for MPSC 101.35 '04 Vol. Recogn. Luncheon Decoration 55.30 Sales Tax -3.98 152.67 91621 04/29/2004 004074 PARTY CITY OF TEMECULA IN High Hopes Prgm Recreation Supplies 17.20 17.20 91622 04/29/2004 002331 PEP BOYS INC Parts/Supplies for PW Maint Div 401.93 401.93 91623 04/29/2004 007625 PETERS, CYNTHIA Refund:Color Me Mine:Adult Ceramics 40.00 40.00 91624 04/29/2004 000249 PETTY CASH Petty Cash Reimbursement 505.72 505.72 91625 04/29/2004 004957 PREMIER Fire Prev. Uniform Shirts:Sister Cities 1,416.91 1,416.91 91626 04/29/2004 005075 PRUDENTIAL OVERALL SUPPL Mar Uniforms/Flr Mats/Towels:City Fa 994.25 994.25 91627 04/29/2004 007549 QUICK DECK INC Handicap access ramps: C. Theater 1,475.17 1,475.17 91628 04/29/2004 002012 R D O EQUIPMENT COMPANY Parts/Svcs for PW Maint Back -Hoe 690.14 Parts/Svcs for PW Maint Back -Hoe 54.16 Parts/Svcs for PW Maint Back -Hoe 21.61 Credit: Items Retumed/Ref.#537841 -21.61 744.30 91629 04/29/2004 004792 R H A LANDSCAPE ARCHITECT Consultant Svcs:Vail Ranch Park "C' 381.17 381.17 Page:7 apChkLst 04/29/2004 1:53:OOPM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91630 04/29/2004 007604 RAMOS, ANTONIO Refund:Security Deposit:TCC 100.00 100.00 91631 04/29/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 10,020.94 10,020.94 91632 04/29/2004 000947 RANCHO REPROGRAPHICS Dupl. Blueprints: Jefferson Pvmnt Reh 455.57 455.57 91633 04/29/2004 005062 RAWLINGS, PHIL Reimb:Fire House World:2/3-5/04 130.61 130.61 91634 04/29/2004 004584 REGENCY LIGHTING City Hall Electrical Supplies 118.96 118.96 91635 04/29/2004 003591 RENES COMMERCIAL MANAGE Citywide R.O.W's Clean-up 5,000.00 Appl./"Aqua Master" to City Channels 4,500.00 9,500.00 91636 04/29/2004 002110 RENTAL SERVICE CORPORATI Parts: PW Maint Div 6.74 6.74 91637 04/29/2004 000266 RIGHTWAY Equip Rental - Riverton Park 59.79 Equip Rental - Veteran's Park 59.79 Equip Rental - Lng Cyn Crk Prk 59.79 179.37 91638 04/29/2004 000353 RIVERSIDE CO AUDITOR Redevelopment ERAF Shift 445,334.00 445,334.00 91639 04/29/2004 000411 RIVERSIDE CO FLOOD Feb Plan Check Fees:Pechanga Pkwy 259.90 259.90 91640 04/29/2004 000355 RIVERSIDE CO REGISTRAR OF Change Election Date/Even Yrs Ntcs 15,463.50 15,463.50 91641 04/29/2004 000406 RIVERSIDE CO SHERIFFS DEP 3/4-31/04: Law Enforcement 872,890.47 872,890.47 91642 04/29/2004 000406 RIVERSIDE CO SHERIFFS DEP Mar'04 Booking Fees 11,481.60 11,481.60 91643 04/29/2004 004904 RIVERSIDE CO Trans. Comm. Wrkshp:5/6:B.Hughes 50.00 50.00 91644 04/29/2004 001365 RIVERSIDE COUNTY OF Renew Permit: Paloma Del Sol Prk 81.00 Renew Permit: R. Vista Snack Bar 81.00 162.00 91645 04/29/2004 003587 RIZZO CONSTRUCTION INC Remove Toilet Facility @ Btrfld Prk 4,819.00 4,819.00 91646 04/29/2004 007626 RIZZO, MICHELLE Refund: Creative Dance-3-4/Mon. 17.50 17.50 91647 04/29/2004 007606 ROBERTS, MARIA Refund:Dance:Tot Pre Dance 62.50 62.50 PageE apChkLst 04/29/2004 1:53:OOPM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 91648 04/29/2004 004562 SCHIRMER ENGINEERING COR Mar Fire Prev. Plan Check Svcs 6,000.00 6,000.00 91649 04/29/2004 004814 SIMON WONG ENGINEERING I Mar Dsgn:Main Str. Bridge/Murrieta C 14,759.79 14,759.79 91650 04/29/2004 000645 SMART & FINAL INC Fire Prevention Supplies 53.52 53.52 91651 04/29/2004 000537 SO CALIF EDISON Apr 2-02-351-4946 Sr Ctr 731.00 Apr 2-18-937-3152 T. Museum 505.04 Apr 2-23-365-5992 Fire Sin 92 272.69 Apr 2-22-891-0550 Various Mtrs 238.37 Apr 2-11-007-0455 6th Street 231.96 Apr 2-20-817-9929 P.D. Front St Sin 144.40 Apr 2-21-911-7892 S.Side Prk Lot 108.18 Apr 2-21-981-4720 Hwy 79 51.18 Apr 2-19-171-8568 Wedding Chpl 50.82 Apr 2-22-057-2226 6th Street 40.01 Apr 2-22-496-3439 Winchester 38.36 Apr 2-14-204-1615 Front St Rdio 13.59 2,425.60 91652 04/29/2004 004496 SPARKS EXHIBITS & Prgs pmt: C. Museum 230,556.18 230,556.18 91653 04/29/2004 004163 SPORTS CHALET Softballs for TCSD adult softball 1,474.02 1,474.02 91654 04/29/2004 005786 SPRINT Apr Acct Level Chrgs 33.87 33.87 91655 04/29/2004 003000 STATE WATER RESOURCES Permit Renewal Fee:Pechanga Pkwy 332.00 332.00 91656 04/29/2004 003000 STATE WATER RESOURCES N.O.I. Renewal Fee:R.C.Bridge Widen 308.00 308.00 91657 04/29/2004 003000 STATE WATER RESOURCES N.O.I. Renewal Fee:Community 261.00 261.00 91658 04/29/2004 004570 STEPHEN G WHITE, MAI Appraisal Svcs: Butterfield Stage Rd C 7,500.00 7,500.00 91659 04/29/2004 003599 T Y LIN INTERNATIONAL 2/28-4/02 Dsgn svcs:R.C.Bridge Widening 2,007.61 2,007.61 91660 04/29/2004 007607 T.V.U.S.D. CHILD CARE Refund:Security Deposit:4/01/04 100.00 100.00 91661 04/29/2004 000305 TARGET STORE Teen Prgm Recreation Supplies 57.70 57.70 Page9 apChkLst Final Check List Page: 10 04/29/2004 1:53:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 91662 04/29/2004 006465 TEMECULA AUTO REPAIR Fire Prev. Vehicle Maint. Svcs 948.85 Fire Prev. Vehicle Maint. Svcs 76.93 1,025.78 91663 04/29/2004 000307 TEMECULA TROPHY COMPAN Nameplates/Badge:PW/Fire Prev 74.83 74.83 91664 04/29/2004 004873 TEMECULA VALLEY HISTORI Heritage Luncheon:5/6104:J.O'Grady 35.00 35.00 91665 04/29/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs: N/S Park 105.00 Locksmith Svcs: Pauba Ridge Park 67.27 172.27 91666 04/29/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 300.00 300.00 91667 04/29/2004 006192 TRISTAFF GROUP Temp Help We 04/11 Bradley 529.75 Temp Help We 04/18 Bradley 520.00 1,049.75 91668 04/29/2004 004036 U S FLAG ETIQUETTE Renew U.S. Flag Advisory Svcs 60.00 60.00 91669 04/29/2004 002065 UNISOURCE Paper Supplies for City Hall 2,082.84 2,082.84 91670 04/29/2004 004981 UNISOURCE SCREENING & 4/1-15/04 Background Screen Svcs 101.00 101.00 91671 04/29/2004 004261 VERIZON CALIFORNIA Apr xxx-0074 General Usage 256.57 Apr xxx-2626 P.D. Storefront Stn 223.32 Apr xxx-2016 General Usage 104.36 Apr xxx-3526 Fire Alarm 83.72 Apr xxx-3564 Alarm 55.81 Apr xxx-2676 General Usage 27.91 751.69 91672 04/29/2004 004789 VERIZON INTERNET SOLUTION Internet svcs:xx4200:P.D. Satellite Stn 39.95 Internet svcs:xx9549:P.D. Satellite Stn 39.95 79.90 91673 04/29/2004 004848 VERIZON SELECT SERVICES I Apr Long Distance Phone Svcs 1,802.03 1,802.03 91674 04/29/2004 007615 WALLING, MARCY Refund: Exercise-Yoga/Fine the Powe 52.00 52.00 91675 04/29/2004 003756 WHITE HOUSE SANITATION Apr Cleaning Svcs:Btrfld Stage R.R. 50.00 50.00 91676 04/29/2004 006290 WOODCREST VEHICLE CENT Shotgun Mounts: P.D. Motorcycles 2,552.67 2,552.67 91677 04/29/2004 003434 Z E P MANUFACTURING Maint Supplies for PW Maint Div 302.27 302.27 Sub total for UNION BANK OF CALIFORNIA: 1,953,503.94 Page:10 CIA MA C! APPROVAL CITY ATTORNEY DIRECTOR OF F CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 11, 2004 SUBJECT: City Treasurer's Report as of March 31, 2004 PREPARED BY: Karin Grance, Revenue Manager Shannon Domenigoni, Accountant RECOMMENDATION: That the City Council receive and file the CityTreasurer's Report as of March 31, 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 March 31, 2004. FISCAL IMPACT: None Attachments: City Treasurer's Report as of March 31, 2004 City al Temecula City Teea omW. Report As of March 31, 2004 Cash Activity for the Month of March: Cash and Immmdmmis as of Much 1, 2004 Cash Receipts Cash D-ubuarments Cash and Immmhvtb as of Much 31, 2004 Cash and Investments Portfolio: Maturity/ Purchase Temtination Typeoflnxuhnrnt Institution Yield Date Date Petry Cash City mu IV. Cmeml Checking Union Bank n/a FIm BanditDenund Deposits Union Bank Wa Local Agency Investment Fund State Treasures-fAIF 1.474% Federal Agency -Callable Federal Home Loan Mortgage Co 2.000% 6/6/2003 Federal Agency -Callable Federal Homelnan Bank 1.885 % 6/262003 Federal Agmey-Callable Federal Home Loan Bank 2.250% 6262003 Federal Agency -Callable Fed al Homeloan Bank 2.500% 7/162003 Federal Agency -Callable Federal He. Loan Mortgage Co 3.000% 12/302003 Federal Agency- Callable Federal Home Loan Bank 3.000% 3292004 Checking Account- Parking Citations Union Bank Na Certificate ofDepovt- Retention Hsam,e CmmnunityNational Bank des Bond Ford - CFD 88-12 U.S. Bank (Pint Am Treasury) Na (Money Market Account) Delinquency Maintenance Account -CFD 88-12 CDC Funding Corp 5.430% (hnesnu at Agremnaa) Delinquency Maintenance Account -CFD 88-12 U.S. Book (First Am Treasury) 0.470% (Money Marled Account) Be. Fund -CFD 88-12 CDC Funding Corp 5.430% (Imuhnmt Agreement) Reserve Account -CFD 88-12 U.S. Bank (First An Treasury) 0.480% (Money Market Account) Special Tax Fund - CFD 01-2 U.S. Bank (Find Am Treasury) OA70 % (Money Market Account) Admin ExpenaeFood -CFD 01-2 U.S. Bank (Fiat An Treasury) 0.470% (Money Market Account) Variable Bond Fund -CFD 01-2 U.S. Bank(First An Treasury) 0.470% (Money Market Account) Interest Differential Fond - CFD 01-2 U.S. Bank (First Am Treasury) 0.470 % (MoncyMarket Account) Improtanent Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.470% (Money Market Account) Special Tax Fund - CFD 03-1 U.S. Bank (Fiat An Treasury) 0.470% (Money Maid Account) Capital lateral Fund - CFD 03-1 U.S. Bank (Fiat Am Treasury) 0.470% (Money Market Account) R6ereeFund - CFD 03-1 U.S. Bank (First An Treasury) OA70 % (Money Market Account) Races Fund-CFD03-1 Smte Treasure-LAIF 1.474% (Local Agency Imeshnmt Fund) City hoprovesnent Fund - CFD 03-1 U.S. Bank (Find Am Treasury) 0.470 % (Money Market Account) City hnpowanmt Fund -CFD 03-1 StmeTreaswer-LA117 1.474% (Local Agency lnHxnuent Fund) Cal Trani hsqrovunent Fund- CFD 03-1 U.S. Bank (Firs[ Am Treasury) 0.470% (Money Market Account) Cal Trans hrWrownan Fund-CFD 03-1 U.S. Bank (First An Treasury) 1.474% (local Agency Invesrmatt Food) Acquisition Account Fund - CFD 03-1 U.S. flank (First An Treasury) 0.470% (Money Market Armand) Acquisition Account Proud - CFD 03-1 U.S. Bank (Fiat An Treasury) 1.474 % (Local Agency Imesbnad Fund) Capital tender Fund -CFD 03-3 U.S. Bank (Fiat Am Treasury) 0.470% (Monty Market Account) Capital Interest Fund-CFD 03-3 State Tlrasuer-LA1F 1.474% (Local Agency In.trae n Pund) R..Fmd - CFD 03-3 U.S. Bank (First Am Treasury) 0.470% (Money Market Account) Reserve Fund-CFD 03-3 State Trcmucu-LAIF 1.474% (local Agency Imutmav Fund) CityInTm t Fund - CFD 03-3 U.S. Bank (First Am Treasury) 0.470% (Money Markd Account) City JnFrovunmt Fund -CFD 03-3 StateTreasurc-LAIF 1.474% (Local Agencylnwstmmt Fund) EMWD hnprownml Fund-CFD 03-3 U.S. Bank(Fint An Treasury) 0.470% (Money Market Account) 6/30/2006 123/2006 W 2006 8/142006 329/2007 12282007 9/l2017 9112017 S 125,787,289 5,204,252 (6,959,514) S 124,032,027 Market Par/Book Value Balance $ 1,500 2,055,821 (1) (1) 63,095,714 (2) 1,001,280 1,000,000 1,000,310 1,000,000 1,000,630 1,000,000 2,002,500 2,000,000 1,004,380 996,000 4,017,520 4,000,000 7,528 241,150 0 500,000 595,122 1,531,469 17 804,886 771,306 2,750 131,134 3,534,778 12,136 44,652 1,018 872,000 1,063 1,505,000 505 1,002,000 361 2,294,000 912 834,0W 1,517 2,171,000 3,549 8,627,000 737 Cub and Investments Porlfollo: Maturity/ Purchase Termination Market Pre/Bnok Tyyeoflnwstram hrstitution Yield Date Date Value Balance FMWD hnprusenea Fund-CFD 03-3 State Treasurer-LAIF 1.474% 3,629,000 (Local Agency lnmtmed Fund) Acquisition Account Fund - CFD 03-3 U.S. Bank (First Am Treasury) 0.470% 3,894 (Money Market Account) Acquisition Account Fund-CFD 03-3 StateTreumer-WF 1.474% 9,914,000 (local Agency Investment Fund) Cost oflssuanceFred -CFD 03-3 U.S. Bank(First Am Treasury) 0.470% 91,089 (Money Market Account) Redemption Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.470% 41,091 (MmcyMaket Account) ResermFund -CFD 03-04 U.S. Bank(Fhst Am Treasury) 0.470% 99,700 (Money Market Account) lurpmverient Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.470% 790,092 (Morey Makd Amunp Cost oflvsummFmd - CFD 03-04 U.S. Bards (Feat Am Treasury) 0.470% 3,547 (Money Market Accoum) Resins Account-RDATABs U.S. Bra(First Am Treasury) n/a 1 (SurdyBond) Project Account - RDATABs U.S. Bank (First Am Treasury) 0.470% 31,213 (Money Market Account) Project Account -RDA TABS State Treasma-LAIF 1.474% 5,859,604 (ocal Agency Investment Fund) Installment Payment Fund - TCSD CON U.S. Bank (First Am Treasury) 0.470% 132,691 (Money Market Account) Delimy Cost Food - TCSD CON U.S. Bank (First Am Treasury) Na 2 (Money Market Account) Project Fund - TCSD COPs U.S. Bank (First Am Treasury) OA70 % 9,501 (Money Market Account) project Fund -TCSD COPS State Treasury -LAW IA74% 2,785,976 (local Agony Invest env Fond) $ 124,032,021 (t}This amount is net of outstanding checks. (2)-Af Much 31, 2004 foal market value (including armed interest) for the Local Agmcyhtmtmmt Fund (LAIF) was $52,143,789,481. The Citys pmportimate share of that value is $63,143,327. All inmhnenis are liquid and ca ready available The City of Temecula'e portfolio is in compliance with the investment policy. Adequate funds will be available to mxt budgeted and usual expenditures of the City for the next six months. Pwno'J CITY OF TEMECULA Cash and Investments Report Through March 2004 Fund Total 001 GENERAL FUND 26,471,477.99 100 STATE GAS TAX FUND 338,524.62 101 STATE TRANSPORTATION FUND 73,121.07 120 DEVELOPMENT IMPACT FUND 15,164,939.94 140 COMMUNITY DEV BLOCK GRANT 33,260.80 150 AB 2766 FUND 116,375.02 160 AB 3229 COPS 111,723.00 165 RDA LOW/MOD - 20% SET ASIDE 7,131,277.44 170 MEASURE A FUND 4,230,518.36 192 TCSD SERVICE LEVEL B 64,463.69 193 TCSD SERVICE LEVEL C 183,360.37 194 TCSD SERVICE LEVEL D 129,320.28 195 TCSD SERVICE LEVEL R 25,352.99 210 CAPITAL IMPROVEMENT PROJECTS FUND 19,461,445.98 261 CFD 88-12 ADMIN EXPENSE FUND 8,869.80 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 3,534,778.10 274 AD03-4 JOHN WARNER ROAD-CIP 0.00 275 CFD03-3 WOLF CREEK-ADMIN EXPENSE 50,000.00 280 REDEVELOPMENT AGENCY -CIP PROJECT 6,124,226.85 300 INSURANCE FUND 1,185,547.30 320 INFORMATION SYSTEMS 482,155.16 330 SUPPORT SERVICES 164,483.15 380 RDA 2002 TABS DEBT SERVICE FUND 1,196,926.77 390 TCSD 2001 COP's DEBT SERVICE FUND 134,463.49 460 CFD 88-12 DEBT SERVICE RESERVE FUND 3,062,692.20 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 2,161,072.29 471 CFD 98-1 WINCHESTER HILLS DEBT SERVICE 11,472.13 473 CFD 03-1 CROW NE HILL DEBT SERVICE FUND 5,918,370.54 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 1,186,436.17 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 25,275,370.99 Grand Total: 124,032,026.49 ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Peter Thorson, City Attorney DATE: May 11, 2004 SUBJECT: Community Facilities District No. 88-12 (Ynez Corridor) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens PREPARED BY: Polly von Richter, Senior Debt Analyst RECOMMENDATION: That the City Council adopts a resolution entitled: RESOLUTION NO.04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL BACKGROUND: On October 7, 1997, the City of Temecula became the governing entity for Community Facilities District No. 88-12 ("CFD 88-12") which was originally established in 1988 by the County of Riverside for certain improvements on Ynez Road. Bonds were issued by CFD 88-12 in 1992 in order to fund the improvements. In June 1998, these bonds were refunded and new bonds were issued in their place. These bonds are repaid through parceled special taxes. Such taxes are collected in bi-annual installments and are placed on the County's tax roll rather than being hand -billed. R:Vgendas\03 Agwdw\Stafl Report - CFD 88-12 Foredosum 20D4.dw As a result of property owners' failure to pay the special taxes, the properties with the following parcel numbers within CFD 88-12 are currently delinquent: 921-730-004-2 921-730-005-3 921-730-006-4 921-730-007-5 921-730-008-6 921-730-009-7 921-730-010-7 921-730-011-8 921-730-012-9 921-730-013-0 921-730-014-1 921-730-015-2 921-730-023-9 The delinquent parcels are located in the area just south of the auto park. As of April 13, 2004, the tax year 03/04 delinquencies for on these parcels is $99,101. In January 2004, the City of Temecula initiated foreclosure proceedings on these parcels for the 02/03 tax delinquencies in the amount of $99,267. At that time, the property owner filed for bankruptcy protection and our efforts to collect the delinquent taxes through foreclosure have been stayed. The current year delinquencies will be added to past delinquencies when a Proof of Claim is submitted to the bankruptcy court. As the governing body of CFD 88-12, the City of Temecula is obligated to foreclose upon the delinquent parcels pursuant to its responsibilities under the bond indentures. In order for the City to proceed with its foreclosure action, it must first seek to "strip" the existing delinquencies from the County's tax rolls. In order to achieve this, the City Council must adopt a resolution which strips the delinquencies from the County's tax rolls. Subsequently, the City must file a Notice of Stripping, which effectively relieves the County Tax Collector from further responsibility in the collection and/or foreclosure upon the delinquent parcels. The goal of the action is to obtain payment of the special taxes due along with interest, penalties and costs of collection. The property owner will be given every opportunity to pay the amounts due, but the City must formally proceed with the foreclosure actions. FISCAL IMPACT: The delinquencies on these parcels in the amount of $99,101 will be used to satisfy the debt service requirement on the outstanding bonds. ATTACHMENTS: Resolution No. 04- Exhibit A to Resolution No. 04- R:Wgendn\04 Agendas\StaH Report - CFD 88-12 Foredosure 2004AM RESOLUTION NO. 04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. The County of Riverside, California, did previously undertake proceedings to and did establish a community facilities district pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 (hereinafter "Mello -Roos Act'), as codified, Government Code section 53311, et seq.; and B. The County of Riverside did previously issue special tax bonds pursuant to the applicable provisions of the Mello -Roos Act to finance public improvements; and C. Pursuant to the Mello -Roos Act, the timely collection of the special tax installments are necessary for the timely payment of all principal and interest on the special tax bond and each special tax levy thereof and interest and penalties thereon constitute liens against the lots and parcels of land against which they are made, until the same are paid; and D. Certain special taxes have not been paid when due, and certain special taxes may not be paid in the future; and E. The County of Riverside has covenanted with the owners of the special tax bonds to commence and diligently pursue foreclosure actions again those parcels of land subject to the delinquent payment of special taxes; and F. The City of Temecula, as successor -in -interest to the County of Riverside, desires to assume the duty of the County of Riverside Tax Collector in collecting upon the existing delinquencies in the Community Facilities District No. 88-12; and G. Under the provisions of Section 53356.1 of the California Government Code, the City Council is authorized, at any time prior to the expiration of four years subsequent to the last maturity of the principal of bonds secured by assessment or reassessment, to order the same to be collected by an action brought in the Superior Court to foreclose the liens of delinquent special taxes; and H. Under the provision of Section 53356.2 of the California Government Code, when such foreclosure actions are ordered, the county tax collector is to be credited upon the current tax roll with the amount charged against the tax collector on account of the delinquent special taxes to be sued on and to be relieved of further duty in regard thereto and a Notice of Intent to Remove Delinquent Special Tax Installments from the Tax Rolls to be recorded with the county recorder's office in the county in which the real property is located. Section 2. The City Council of the City of Temecula hereby orders that the delinquent payments of special taxes for CFD 88-12 with respect to those parcels identified on "Exhibit A" attached hereto and incorporated herein, and all subsequent delinquent special taxes with respect to those parcels which are not paid when due, be collected by action brought in the Superior Court of Riverside to foreclose the liens thereof. Section 3. The City Attorney is hereby authorized and directed to institute such actions in the name of the City to foreclose the liens of all such delinquent special taxes. Section 4. The City Clerk, in cooperation and in conjunction with the City Attorney, is hereby authorized and directed to prepare and cause to be recorded with the County Recorder of the County of Riverside a Notice of Intent to Remove Delinquent Special Tax Installments from the Tax Roll. Section 5. The City Clerk, in cooperation and in conduction with the City Attorney, is hereby authorized and directed to transmit a certified copy of this Resolution to the Auditor/Controller's office of the County of Riverside together with such other documents and the payment of such fees as is necessary or appropriate to credit the County of Riverside Tax Collector upon the tax roll with the amounts charged against the Tax Collector on account of the delinquent special tax installments to be sued upon and to relieve the Tax Collector of further duty in regards thereto. Section 6. The City Manager, in cooperation and in conjunction with the City Attorney, is hereby authorized and directed to take such further actions as may be necessary or convenient to recover the special taxes due from the properties and to prosecute the foreclosure actions. Section 7. The City Clerk's shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on May 11, 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, 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 111" day of May, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Asses=crs Number ------------- CrD 88-12 (INEZ CORRIDOR) NORTH PLAZA 921-730-004-2 921-730-005-3 921-730-006-4 921-730-007-5 921-730-008-6 921-730-009-7 921-730-010-7 921-730-011-8 921-730-012-9 921-730-013-0 921-730-014-1 921-730-015-2 921-730-023-9 December 10, 2003 3,110.43 April 10, 2004 3,110.43 December 10, 2003 5,404.21 April 10, 2004 5,404.21 December 10, 2003 12,297.58 April 10, 2004 12,297.58 December 10, 2003 2,197.72 April 10, 2004 2,197.72 December 10, 2003 1,188.93 April 10, 2004 1,188.93 December 10, 2003 1,104.86 April 10, 2004 1,104.86 December 10, 2003 2,017.57 April 10, 2004 2,017.57 December 10, 2003 1,993.56 April 10, 2004 1,993.56 December 10, 2003 1,357.06 April 10, 2004 1,357.06 December 10, 2003 1,489.16 April 10, 2004 1,489.16 December 10, 2003 1,537.20 April 10, 2004 1,537.20 December 10, 2003 8,358.51 April 10, 2004 8,358.51 December 10, 2003 7,493.84 April 10, 2004 7,493.84 ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Anthony J. Elmo, Director of Building and Safety DATE: May 11, 2004 SUBJECT: Street Name Change from Stanko Circle to Castle Court RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 04_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME FROM STANKO CIRCLE TO CASTLE COURT. DISCUSSION: The Property Owners of Stanko Circle have requested a street name change to Castle Court. These are newly constructed homes in the Crown Hill Development. The Building and Safety Department has received responses supporting the proposed name change from sixteen (16) of the seventeen (17) residential property owners on this street. The seventeenth dwelling remains vacant at this time. This request has been reviewed and accepted by the Riverside County 911 coordinator. FISCAL IMPACT: None 515104 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME FROM STANKO CIRCLE TO CASTLE COURT The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, Section 3409.1 and 3408.1 and 34092 of the Government Code provides for changing the name of a public street, and: WHEREAS, the owners of the properties located on Stanko Circle in Tract 23143-10 have requested a name change from Stanko Circle to Castle Court: WHEREAS, all property owners are in favor of renaming the street to Castle Court. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula determines and orders that the name of Stanko Circle be changed to Castle Court. PASSED, APPROVED AND ADOPTED this 11th day of May, 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, 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 11th day of May, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk We, the Residents of the Crown Hill Development, do hereby voice our objection to the name of our street, "Stanko Circle", and our preference to formally rename our street as: (1) Cambridge Drive; or (2) Windsor Court; or (3) Castle Court Lot # Lot # Lot # �✓� Current Address # Print je),i % Sign. Current Address # S 1 o Circle Temecula CA 92592 Lot # 6{- Current Address # V T Print �7ac1e9 l�- �-i c GA � Sign — Lot # J Current Address / Prim i i1 e h ---,s c , L,W VV,4-(\- Si( Lot # Current Address # �jq� / Print G lGr � ✓Cs Sign_ Lot # _ C,,urrAnt Addressl# T2 3 0 Print I" �.a , �`-"` �"1 C�c cY / Sign_ Lot # Current Address # t/ Print Sign Lot # t� Current Address # S,� t4 I G Lot # �—�U Current u />/F Lot #I I Current / Pnn /:)- C Lot # I Current / Print Lot # /�\3 Current Print P h ext, I At: Address # 313 I cl Lot # I 'J Current Address # 3 a3 Ucl Stanko Circle, Temecula, CA 92592 Print Sign Lot # , I cj Current Address # 3 a 3 J Q Stanko Circle, Temecula, CA 92592 Lot # 1 U Current Address # 3 3 S b Print th i Gl, � C Vc� r-C,tC sign Lot 9 7 Current Address # 3 a "" ITEM 7 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 14VWilliam G. Hughes, Director of Public Works/City Engineer DATE: May 11, 2004 SUBJECT: Parking Restrictions — Westside Business Park 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: 1. A "NO PARKING" ZONE ON DENDY PARKWAY, REMINGTON AVENUE, VIA INDUSTRIA, ROICK DRIVE, COLT COURT, AND BOSTIK COURT AS SHOWN ON EXHIBIT "A"; and 2. A "NO PARKING, MONDAY THROUGH FRIDAY" ZONE ON ZEVO DRIVE AS SHOWN ON EXHIBIT "A". BACKGROUND: In June 2003, Staff received a request from the Public/Traffic Safety Commission Chairman to review the posted "No Parking' signs in the Westside Business Park area and to bring the issue back to the Commission for further consideration. In December 2003, the Public/Traffic Safety Commission approved a staff recommendation to establish a parking restriction on Diaz Road between Winchester Road and Dendy Parkway, and to remove the existing "No Parking" signs on Dendy Parkway, Remington Avenue, Zevo Drive, Rio Nedo, Via Industria, Calle Empleado, Roick Drive, Colt Court, and Bostik Court. At the meeting of January 13, 2004, the City Council approved the parking restriction on Diaz Road. The City Council also directed staff to forward this item to the Public/Traffic Safety Commission to consider that parking be restricted on the remaining existing streets in the Westside Business Park, Monday through Friday, with parking allowed on Saturday and Sunday only. At the meeting of April 22, 2004, the Public/Traffic Safety Commission approved a recommendation (3-2) that the City Council establish a "full-time" parking restriction on all streets in Westside Business Park and a Monday through Friday parking restriction on Zevo Drive. FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account. r.,Agenda ReponQ004\0511\parking restrictions— Westside Business Park. reso ATTACHMENTS: 1. Resolution No. 2004- 2. Exhibit "A!'— Location Map 3. Exhibit "B" — PubliGTraffic Safety Commission Agenda Report — April 22, 2004 2 r\Agenda Repor62004\0511\parking restrictions — Westside Business Park. reso RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING: 1. A "NO PARKING" ZONE ON DENDY PARKWAY, REMINGTON AVENUE, VIA INDUSTRIA, ROICK DRIVE, COLT COURT, AND BOSTIK COURT AS SHOWN ON EXHIBIT "A"; and 2. A "NO PARKING, MONDAY THROUGH FRIDAY" ZONE ON ZEVO DRIVE AS SHOWN ON EXHIBIT "A". THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 10.16.160, of the Temecula Municipal Code, "No Parking" zones are hereby established in the City of Temecula on the following streets: Dendy Parkway Diaz Road to Winchester Road Remington Avenue Diaz Road to Winchester Road Via Industria Rio Nedo to Roick Drive Roick Drive Via Industria to Winchester Road Colt Drive Winchester Road to End Bostik Drive Winchester Road to End SECTION 2. Pursuant to Section 10.16.160, of the Temecula Municipal Code, "No Parking, Monday through Friday' zone is hereby established in the City of Temecula on the following street: Zevo Drive Diaz Road to Winchester Road SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 111h day of May 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Nagger, Mayor 3 c\Agenda Report\2004\0511\parking restrictions — Westside Business Park. 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 11 th day of May 2004, by the following vote: AYES: 0 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 rAAgenda Report\2004\0511\parking restridions — Westside Business Park.reso AGENDA REPORT TO: Public/Traffic Safety Commission FROM: QAli Moghadam, P.E., Principal Engineer, Traffic DATE: April 22, 2004 SUBJECT: Item 3 Parking Restrictions — Westside Business Park RECOMMENDATION: That the Public/Traffic Safety Commission recommend: That the City Council adopt a resolution establishing a parking restriction on all streets in Westside Business Park; and 2. That the City Council adopt a resolution establishing a parking restriction on Zevo Drive between Diaz Road and Winchester Road, Monday through Friday only. BACKGROUND: At the meeting of February 26, 2004, the Public/Traffic Safety Commission approved a recommendation (3-1) that the City Council adopt a resolution establishing a full time parking restriction on all streets in the Westside Business Park. Staff was directed to bring this item back to the Commission to consider the feasibility of allowing on -street parking on Saturdays and Sundays on Zevo Drive to accommodate the heavy demand for on -street parking. The proposed part-time restriction has the concurrence of Equity Management, who represents the Westside Business Park Association and the Sunridge Community Church. The public has been notified of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification process and by mail. FISCAL IMPACT: Attachment: 1. Exhibit "A"— Location Map 2. Exhibit "B" — Public/Traffic Safety Commission Meeting Agenda Report, February 26, 2004 r.\taff c\commissn\agenda\2004\o122\Promenade/ajp ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: May 11, 2004 SUBJECT: Roripaugh Ranch Open Space Grading and Restoration Agreement PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council approve the Open Space Grading and Restoration Agreement for the Roripaugh Ranch Project and accept the surety bonds from Ashby USA, LLC. BACKGROUND: On November 26, 2002, the City Council approved the Roripaugh Ranch Specific Plan. As part of this approval, two hundred and one acres were designated as preserved habitat area. The ownership of this open space has been transferred to the City with the recordation of the grant deed on May 22, 2003. The grading plan necessitates Ashby USA to complete daylight grading within the open space which will result in 9.6 acres of the habitat area being impacted. Also, in March 2003 approximately 9 acres of additional habitat area was inadvertently impacted by the developer. Based on the ratio established by the United States Department of Fish and Wildlife Service (USFWS), Ashby USA will be required to restore a total of 33.49 acres of the habitat area to mitigate these impacts. The Mitigation Plan has been approved by the USFWS and is provided as an attachment to the Restoration Agreement. The Restoration Agreement requires Ashby USA to complete at their own expense the installation and monitoring of the mitigation area. Ashby USA will be responsible for meeting the final success criteria at the discretion of the USFWS. To insure the completion of the restoration, surety bonds will be provided for Faithful Performance in the amount of $1,004,700 and for Labor and Materials in the amount of $502,350. FISCAL IMPACT: None ATTACHMENTS: Open Space Restoration and Grading License Agreement RAMcCadhMAgenda Rewfts Ronpaugh Open Space Restoration Agreement.doc CITY OF TEMECULA OPEN SPACE GRADING AND RESTORATION AGREEMENT RORIPAUGH RANCH PROJECT THIS AGREEMENT is made and entered into by and between the City of Temecula, California a Municipal Corporation of the State of California ("City"), and Ashby USA, LLC, a California limited liability company ("Ashby") and shall be dated as of May 11, 2004. In consideration of the mutual promises contained herein and for other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which the parties agree, are true and correct: a. CITY is the owner of approximately 201 acres of preserved habitat land ("Preserved Habitat Area"). The Preserved Habitat Area was conveyed to CITY by ASHBY on May 23, 2003 and is legally described and depicted on Exhibit A. b. The Preserved Habitat Area has been dedicated to the protection of habitat required to maintain ecosystems essential for the preservation of species of plants and animals and related purposes by a "Declaration of Covenants, Conditions and Restrictions" executed by the CITY and recorded on May 23, 2003 as Documents No. 2003-376191 in the Official Records of the County of Riverside. C. In March 2003, approximately 8.96 acres of the Preserved Habitat Area was impacted by ASHBY. The impacted area included an estimated 4.33 acres of Riversidean Sage Scrub, 2.42 acres of transitional/degraded Riversidean Sage Scrub, and approximately 2.2 acres of ruderal, weed or agricultural areas. d. The United States Department of Interior Fish and Wildlife Service ("USFWS") has approved a "Mitigation Plan for Impacts to Areas Within the Jurisdiction of the United States Department of Interior Fish and Wildlife Service Under Section 10(a)(1) (B) of the Endangered Species Acton on April 13, 2004 as Log No. FWS- WRIV-725.9 ("Restoration Plan"). A true, correct and complete copy of the Restoration Plan as approved by the USFWS is attached as Exhibit B. e. Pursuant to the Restoration Plan, ASHBY is required to restore 21.65 acres of Riversidean Sage Scrub (4.33 acres at 5:1 ratio) to offset the unauthorized impacts to mature Riversidean Sage Scrub impacted by ASHBY's activities. f. ASHBY also desires to complete daylight grading which will result in an additional 9.6 acres of the Preserved Habitat Area being impacted. The Restoration Plan, therefore, requires restoration of 11.84 acres of Riversidean Sage Scrub in addition 772478.3 5/4/04 to the 21.65 acres required to be restored as a result March 2003 impacts, for a total restoration of 33.49. g. The Restoration Plan also sets for the amount of habit to be restored, the plant materials to be planted and maintained, the methods of restoration, and the time periods for restoration. The Restoration Plan requires ASHBY to complete the restoration and meet the Success Criteria, even if accomplishment of this requirement exceeds the five-year monitoring program set forth in the Restoration Plan. h. The purpose of this Agreement is to provide the authority for ASHBY to enter onto the Habitat Preservation Area to complete the restoration as required by the Restoration Plan. 2. Grant of License. CIYY hereby grants to ASHBY, and its duly authorized contractors, a license to use a portion of the Habitat Preservation Area for the purpose of: (1) completing daylight grading as described on and in accordance with the Grading Plans, specifications and grading permit approved by the City on March 26, 2004, which plan, specifications and permit is on file in the office of the Director of Public Works ("Grading Plans"; and (2) provide all labor and materials required for the restoration of approximately 33.49 acres of the Habitat Preservation Area in order to complete the restoration of said area in accordance with the terms of the Restoration Plan ("Restoration Area"), subject to the terms of this Agreement. The CITY and ASHBY also entered into a Subdivision Improvement Agreement for the grading dated September 23, 2003. The Restoration Area is described and depicted on Exhibit C. This license includes, without limitation, the right to go on to the Restoration Area for the purposes of grading and salvage, site preparation, planting, installation of irrigation, monitoring of growth, and maintenance of plant materials in accordance with the Restoration Plan. 3. ASHBY Obligation With Respect to Davlight Grading and Habitat Restoration. a. ASHBY shall, at its own cost and expense: (1) complete the daylight grading as described on the Grading Plans; and (2) provide all labor and materials required and install the irrigation and plant material for the restoration of approximately 33.49 acres of the Habitat Preservation Area in accordance with the terms of the Restoration Plan. b. ASHBY shall also: (1) fulfill all requirements of the Restoration Plan within the times required by the Restoration Plan; (2) comply with all requirements of the City's Grading Ordinance and the Grading Plans; and (3) comply with all applicable federal, state and local laws and regulations concerning the grading and restoration operations. C. Pursuant to the requirements of Labor Code Section 1720, ASHBY shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the work required by this Agreement. In accordance 772478.3 5/4/04 2 with 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 on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. ASHBY shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rate as a minimum. ASHBY shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, ASHBY 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 Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. 4. Security. a. To assure faithful performance of this Agreement in regard to the Work on Restoration Area I, ASHBY shall secure and maintain for the benefit of CITY a Performance Bond in the penal sum of four hundred fifty eight thousand four hundred dollars ($458,400.00) which amount is one hundred percent of the estimated cost of the improvements for Restoration Area I. The Performance Bond for Restoration Area I shall be approved by the City Attorney in substantially the form set forth in Exhibit D. To assure faithful performance of this Agreement in regard to the Work on Restoration Area II, ASHBY shall secure and maintain for the benefit of CITY a Performance Bond in the penal sum of five hundred forty six thousand three hundred dollars ($546,300.00) which amount is one hundred percent of the estimated cost of the improvements for Restoration Area II. The Performance Bond for Restoration Area II shall be approved by the City Attorney in substantially the form set forth in Exhibit D. ASHBY may elect to provide one Performance Bond for Restoration Areas I and II. b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Work on Restoration Area I required by this Agreement, ASHBY shall secure and maintain for the benefit of CITY a Labor and Materials Bond in the additional amount of fifty percent (50%) of the Performance Bond for Restoration Area I. The Labor and Materials Bond for Restoration Area I shall be approved by the City Attorney in substantially the form set forth on Exhibit E. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Work on Restoration Area II required by this Agreement, ASHBY shall secure and maintain for the benefit of CITY a Labor and Materials Bond in the additional amount of fifty percent (50%) of the Performance Bond for Restoration Area II. The Labor and Materials Bond for Restoration Area II shall be approved by the City Attorney in substantially the form set forth on Exhibit E. ASHBY may elect to provide one Labor and Materials Bond for Restoration Areas I and II if he elects to use one Performance Bond for Restoration Areas I and II. 772478.3 5/4/04 C. The securities required by this Agreement shall be kept on file with the City Clerk. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 5. Inspection. ASHBY shall at all times maintain proper facilities and safe access for inspection of the Work by CITY inspectors and USFWS inspectors and to the shops wherein any work is in preparation. Upon completion of the Work ASHBY may request a final inspection by the Director of Community Service ("Director"), or his or her authorized representative. If the Director, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the Director shall certify the completion of the Work to the City Council. The Work shall not be finally accepted unless all aspects of the Work have been inspected and determined to have been completed in accordance with the terms of this Agreement. ASHBY shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of Work shall be released upon the final completion and acceptance of the Work by the City and a written unconditional determination by the USFWS Project Manager that the approved success criteria have been met as required by the Restoration Plan. Acceptance of the Work on behalf of CITY shall be made by City Council upon recommendation of the Director after final completion and inspection of all work. Such acceptance shall not constitute a waiver of defects by CITY. b. Security given to secure payment to the contractor, his or her subcontractors and to persons famishing labor, materials or equipment shall, six months after the completion and acceptance of the Work, be reduced to an amount equal to the total claimed by all claimants for who lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the Director to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. C. The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Iniury to the Work. ASHBY shall replace or have replaced, or repair or have repaired, as the case may be, all portions of the Work or property of the CITY which are destroyed or damaged as a result of any work under this Agreement. ASHBY shall bear the entire cost of replacement or repairs of any and all public or public utility 772478.3 5/4/04 4 property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners, including the costs of restoration of any additional habitat area as may be required by any federal, state or local agency. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the Director. 8. Permits. ASHBY shall, at ASHBY'S expense, obtain all necessary federal, state and local permits and licenses for the construction and installation of the Work, give all necessary notices and pay all fees and taxes required by law. 9. Default of ASHBY. a. Default of ASHBY shall include, but not limited to, ASHBY'S failure to timely commence the work required by this Agreement; ASHBY'S failure to timely complete the work required by this Agreement; ASHBY'S failure to timely cure any defect in the work required by this Agreement; ASHBY'S failure to perform substantial work for a period of 20 calendar days after commencement of the work required by this Agreement; ASHBY'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which ASHBY fails to discharge within thirty (30) days; or ASHBY'S failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of ASHBY'S obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by ASHBY. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the work required by this Agreement and, therefore, CITY damages for ASHBY'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. C. In the event of ASHBY'S default under this Agreement, ASHBY authorizes CITY to perform such obligation twenty days after mailing written notice of default to ASHBY and to ASHBY'S Surety, and ASHBY agrees to pay the entire cost of such performance by CITY. d. CITY may take over the work required by this Agreement and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of ASHBY, and ASHBY'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in 772478.3 5/4/04 completing the work, such materials, appliances, plant and other property belonging to ASHBY as may be on the site of the work and necessary for performance of the work. f. In the event that ASHBY fails to perform any obligation hereunder, ASHBY agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. g. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of ASHBY. 10. Ashby Not Agent of CITY. Neither ASHBY nor any of ASHBY'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of ASHBY'S obligations under this Agreement. 11. Injury to Work. Until such time as the work required by this Agreement is accepted by CITY, in whole or in part, ASHBY shall be responsible for and bear the risk of loss to any of the work. Until such time as all work required by this Agreement are fully completed and accepted by CITY, ASHBY will be responsible for the care, maintenance of, and any damage to the work. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the work or improvements by the City. All such risks shall be the responsibility of and are hereby assumed by ASHBY. 12. Ashby's Obligation To Warn Public During Construction Until final acceptance of the Work, ASHBY shall give good and adequate wanting to the public of each and every dangerous condition existent in said work, and will take all reasonable actions to protect the public from such dangerous condition. 13. Vesting of Ownersbin. Upon acceptance of the Work on behalf of CITY and recordation of the Notice of Completion as provided in this Agreement, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for injury to persons or property occasioned by reason of the acts or omissions of ASHBY, its agents or employees in the performance of this Agreement. ASHBY fii Cher agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of ASHBY, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Work. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Work, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of the Work. Acceptance by the CITY of the Work shall not constitute an 772478.3 5/4/04 assumption by the CITY of any responsibility for the design or construction of the Work or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by ASHBY submitted to the Director before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Work, ASHBY shall remain obligated to eliminate any defect in design or dangerous condition causes by the design or construction defect, however ASHBY shall not be responsible for routine maintenance, except for the maintenance and monitoring required by the Restoration Plan. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Work. It is the intent of this action that ASHBY shall be responsible for all liability for design and construction of the Work or installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 15. Insurance. ASHBY shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work pursuant to this Agreement by the ASHBY, its agents, contractors, representatives, or employees. 1 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 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. less than: b. Minimum Limits of Insurance. ASHBY shall maintain limits no (1) General Liability: Two million dollars ($2,000,000) 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. 772478.3 5/4/04 7 (2) Automobile Liability: One million dollars ($1,000,000) 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 Director. At the option of the Director, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, agents, volunteers and employees; or the ASHBY 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, agents, volunteers and employees are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the ASHBY; products and completed operations of the ASHBY; premises owned, occupied or used by the ASHBY; or automobiles owned, leased, hired or borrowed by the ASHBY. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, agents, employees or volunteers. (2) For any claims related to this project, the ASHBY's insurance coverage shall be primary insurance as respects the City, its officers, officials, agents employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, agents, employees or volunteers shall be excess of the ASHBY'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, agents, employees or volunteers. (4) The ASHBY'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 772478.3 5/4/04 8 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 Director. f. Verification of Coverage. ASHBY shall fiunish 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 ASHBY's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. ASHBY, 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 Worker'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." 16. Time of the Essence. Time is of the essence of this Agreement. 17. Time for Completion of Work/Time Extension ASHBY shall complete the daylight grading on or before August 1, 2004. ASHBY shall complete salvage of the Riversidean Sage Scrub, Mitigation Site final grading, site preparation, irrigation installation, and mitigation plantings on or before December 31, 2004. ASH13Y shall complete restoration of the Preserved Habitat Area, including without limitation, the Monitoring Program, in accordance with and as required by the Restoration Plan. ASHBY shall comply with the time periods for completion of the Monitoring Program as set forth in the Restoration Plan, provided, however, that ASHBY shall do whatever work is required to complete the Monitoring Program and any work required to obtain the unconditional written approval of the USFWS that the final success criteria of the Restoration Plan have been met, even if such work exceeds the time periods set forth in the Restoration Plan. In the event good cause exists as determined by the Director of Community Services, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director. Any such extension may be granted without notice to ASHBY'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director shall be the sole and final judge as to whether or not good cause has been shown to entitle ASHBY to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which ASHBY, could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by ASHBY, shall constitute good cause for an extension of time for completion. As a 772478.3 5/4/04 condition of such extension, the Director may require ASHBY to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the Director. 18. Legal Responsibilities. The ASHBY shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The ASHBY 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 ASHBY to comply with this section. 19. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: Herman Parker Director of Community Services City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to ASHBY: Ashby USA, LLC 470 East Harrison Street Corona, Ca. 92879 20. Administrative Fee. ASHBY shall pay to the CITY concurrently with the execution of this Agreement by the CITY the sum of six thousand dollars ($6,000) for the administrative costs incurred by the City in processing this Agreement. 21. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 22. Litigation. In the event that litigation is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 23. Exhibits. The following Exhibits are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description and Depiction of the Habitat Preservation Area 772478.3 5/4/04 10 Exhibit B Restoration Plan Exhibit C Legal Description and Depiction of the Restoration Area Exhibit D Form of Performance Bond Exhibit E Form of Labor and Materials Bond 24. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter contained herein. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. Nothing contained in this Agreement shall modify, nor is intended to modify the terms of any other agreements between the parities pertaining to the Roripaugh Ranch Project. [End of Agreement] 772478.3 5/4/04 11 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. ASHBY USA, LLC By: _ Name: Title: CITY Attest: Michael Naggar Mayor Susan W. Jones, CMC City Clerk Approved as to Form: Peter M. Thorson City Attorney 772478.3 514104 12 Exhibit A Legal Description and Depiction of Preserved Habitat Area THE LAND REFERRED TO HEREIN AS THE "LAND" IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 772478.3 5/4/04 13 EKWIT uAn DEDICATION OF HABITAT AD•161•SHCP That portion of the North one-half of the North one-half of Section 20, Township 7 South. Range 2 West, San Bernardino Meridian, in the City of Temecula, County of Riverside, State of California, according to the Official Plat of said Land filed in the District Land Office, described as follows: Commencing at the Northeast comer of said Section; thence along the north line of said Section North 88037105" West, 267.00 feet to the westerly line of the land described in a Deed to the Metropolitan Water District of Southern California recorded January 2,1968 as Instrument No. 27 of Official Records in the office of the County Recorder of said county and the TRUE POINT OF BEGINNING; thence along said the westerly line South 20013'05" West, 523.01 feet; thence leaving said westerly line, North 72'43'38" West, 14.42 foot to the beginning of a tangent curve, concave southwesterly and having a radius of 1655.00 feet; thence northwesterly 83.95 feet along said curve through a central angle of 02'54'23"; thence North 75'38'01" West, 1274.67 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 1545.00 feet; thence Northwesterly 312.72 feet along said curve through a central angle of 11*35'49' thence North 64002' 12" West, 200.00 feet to the north line of said Section; thence along said north line, South 88037'05" East, 1983.53 feet the TRUE POINT OF BEGINNING. RESERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an casement for fuel modification purposes over any portion of the Property requited to perform fuel modification and brush clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property approved for such purposes by any government eotity, said area to be delineatod upon issuance of said govemmettt approval. ALSO RESERVING the right to reseed and maintain the Property in accordance with the AD-161-SHCP Management and Maintenance Agreement, Assessrocut No. 006-001 and 006-W3, Issued by the County of riverside on August 2, 1998, ALSO RESERVING the right to access the Property for any of the above described purposes. P'WASIIAO005Ugal DewriptionaVotae.doc The above -described parcel of land contains approximately 12.45 acres. That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to herein as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit 'B" of this Grant Deed (the "Dominant Tenement', and shall be binding upon and run with the Dominant Tenement and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under tbs. Servient Tenement, as necessary to perform such work. Unless otherwise set forth above, each casement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DAVID EVANS AND ASSOCIATES, INC. 5•7-03 la�tZ-ts• Cliffoa A. Simental, PLS Date ft L.S. No.5022 Expires:12-31-05 PAMASHBOOOSUgal DescriplonsUowa.doc 1 V4 PROPOSED SLOPE AND DRAINAGE FACILITIES EASEMENT 8•J7'05'E] 198J.SJ' PROPOSED 100' FWL�� WDIFICATION ZONE 4.02•SI'2J'' "655. 00' L�BJ.95' i egcrloN zo r. 7 G. I?. 2 W. r S. ig.. M. MURPoEtA HOT SPRINGS TEMECUL4 T.P.O.D. N88•J7'O5'N 267.00' sj5z1loN SO' EASEAENT TO kw PER I INST Av. :of a REC 3/1160 40' EASEAE d TO RCIV RER INST.ONO. Of-50019I VICINITY MAP aw G� EASEMENT AREA DESCRIDED HEREIN Fn E� EASEMENT AREA a 12.45 ACRES EXHIBIT "B" 1op 1 HABITAT AD-161-SHCP Asmms nx' DAVID EVANS S AND ASSOCIATES, i 9, AM . r anf OF TEM GMA CWM OF MVEJMM STATE OF C&FORMA sroio3 1"+400' EXHIBIT "A" DEDICATION OF HABITAT AD-161-SHCP That portion of Sections 20, Township 7 South. Range 2 West, San Bernardino Meridian, in the City of Temecula, County of Riverside, State of California, according to the Official Plat of said Land filed in the District Land Office, described as follows: Beginning at the Northeast comer of said Section 20; thence along the east line of said Section 20, South 0°34'31" West, 587.79 feet; thence South 55026'06" West, 37.04 feet to a point on curve, concave northerly and having a radius of 2945.00 fed, a radial line of said curve to said point bears South 14033153" West; thence Westerly 139.19 feet along said curve through a ocntral angle of 2142'29"; thence North 72043'38" West, 220A3 feet to the easterly line of the land described in a Deed to the Metropolitan Water District of Southern California recorded January 2.1968 as Instrument No. 27 of Official Records in the office of the County Recorder of said county; thence along said easterly line North 20013105" East, $43.28 feet to the north line of said Section 20; thence along said north line, South 88937'05" East, 193.04 feet to tbo Point of Beginning. RESERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the property required to perform fuel modification and brush clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING, for a period of ten (10) years, an east for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, ovewr any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of said government approval. ALSO RESERVING the right to re -seed and maintain the Property in accordance with the AD- 161-SC11P Management and Maintenance Agreement, Assessment No. 006al and 006-003, issued by the County of riverside on August 2,1998. ALSO RESERVING the right to access the Property for any of the above described purposes. P:WMASI3B00051L.cga1 Desoripfion3uotbbSEC20.doe THIS DEDICATION IS SUBJECT TO that certain 50.00 foot wide easement to the Metropolitan Water District of Southern California recorded March 7,1960 as Instrument No. 20189 of the official records of the County Recorder of Riverside County. THIS DEDICATION IS SUBJECT TO that certain 40.00 foot wide easement to Rancho Califoraia Water District recorded June 29, 2001 as Instrument No. 01-300190 of the official records of the County Recorder of Riverside County. The above -described parcel of land contains approximately 3.80 acres. That certain real property set forth at Exhibit "A" of this Grant Deed shall. be referred to herein as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit "B" of this Grant Deed (the "Dominant Tenemenei, and shall be binding upon and run with the Dominant Tenement and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the purposes) set forth within the reservation, and for access, ingress and egress across, over and under the Servient Teueumu, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate. DAVID EVANS AND ASSOCIATES, INC. Q 96444— a— b;L 5-1-03 '* thr tt•3r-o5 � Cliffo Simental, PIS Date L.S. No.5022 Expires: 12-31-05 l': MSIM0005Eto Desoflpdonsx1otbb5BC20.d0c N Q 6cvo'29" Ra2945.00' L=139. 19' QZ N72.43'38 "W 220.43' P. 0. B. ® 588' 37'05 "E 193.04' NE COR SEC 20 Q4 S55.26'06'W 37.04' COUNTY OR _ RI YEROX9 CITY or ?EiSlECULA� .4(RAD) EASEAGVT Pi 6'7 INST NO 20189 REC J/7/60 WO' EASEMENT M RCYD PER Mr. N0. O1 J00194 REC 6129101 s.5CrJ0JY zo -------------------I 40' EASEMENT TO RCIID IPfR INST. N0. 01 300194 REC 61JOM nAW TION ZDW 1 1, ray' "PROPOSED SLOPE AND 1 r ORAINAGE FACILITIES T EASEMENT 1 1 J 8j50rJON 21 J J / s., y RJ Z WJ; l7 J 9J MJ MUMEIA HOT SPRNOS J� ®EASEMENT AREA DESCRIBED HEREIN VICINITY MAP EASEMENT AREA a 3.80 ACRES SU. EXHIBIT "B" DEDICATION OF +� HABITAT AD-161-SHCP I nx DAVID EVANS COUWY .� OF omm s AND ASSOCIATES, �, STAU Ca CAU OFM ,. EXHIBIT "A" DEDICATION OF HABITAT AD•161-SHCP That portion of Section 21, Township 7 South. Range 2 West, San Bernardino Meridian, in the County of Riverside, State of California, according to the Official Plat of said band filed in the District Land Office, described as follows: Beginning at the Northwest corner of said Section 21; thence along the north line of said Section 21, North 88029'3T' East, 814.77 feet to the beginning of a non-tangettt curve, concave westerly and having a radius of 1945.00 feet, a radial line of said curve bears North 64°04'40" Easy thence Southerly 707.82 fed along said cum through a antral angle of 20°51'03', thence South 41°16'45" West, 50.65 feet; thence South 87037'4T' West 143.29 fed to the beginning of a tangent curve, concave northerly and having a radius of 2945.00 feet; thence Westerly 173.17 feet along said curve through a central angle of 3°22'09"; thence North 0°33'47" East, 574.36 feet; thence South 88°34'20" West, 600.15 feet to the west Tune of said Section 21; thence along said west line North 0°34'31" East ,145,09 feet to the Point of Beginning. RESERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the Property required to perform fuel modification and brush clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVINn9, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of said government approval. P:MWSHBOOMLegal Descrip6ons\IotbbSEC21.doc ALSO RESERVING an easement for grading, realignment and coastruction of Santa Oertrudis .Channel in accordance with approved governmental plans, said area to be delineated upon recordation of the final map for subdivision of adjacent property. AISO RESERVING for a period of four (4) years, a temporary easement for rehabilitation and restoration of the airfield over the area shown on the map attached as Exhibit B. ALSO RESERVING the right to access the Property for auy of the above described purposes. The above -described parcel of land contains approximately 179.55 acres. That certain teal property set forth at Exhibit "A" of this Grant Deed shall be referred to herein as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit'S" of this Grant Deed (the "Dominant Tenement"), and sball be binding upon and run with the Dominant Tenement and the Servient Tenement Each of the easements reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress and egress across, over and under the Servient Tenement, as necessary to perform such work, Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Servient Tenement, as described by each reservation of easement. shall terminate. DAVID EVANS AND ASSOCIATES, INC. Clifforli K. Simental, PL.S Date L.S. No.5022 Expires: 12-31-05 MA41SHBt)0o51Logal DoscriptionsMatmdoc N U1 S67.37'47"W f43.29' O A=3.22'09' R4945.00' L-173. 17' P. 0.8. 40' EASEAENT TO y RCWO PER lNST. 70 / �_NO. 02-042f51 ODUN7'Y OF �� / / REC 1/24/2002 N64.04'40'E / �•_�---------- N88 29 37 E f4.77 fRA01 _RIYERWDE ._ � of TY OF' i _ _ _ _ - - -+ PROPOSED SLOPE TEMEOULA ` AND DRAINAGE \fie ` FACILITIES 660•�5' i+ EASEWNT ' SB8.34 20'W ��u , �p PROPOSED f00' FUE v '? , + Z4 o F AA70/FICATIQV ZO1VE M h + . i PROPOSED AND DRAINAGE i PRO�£D 100' FUEL EASEMENTS t r N001FICATIO➢V ZOWE 541.16'45'W 2 O S R G R AO 50. 66' EASEAENI a7 NO 20f8gPfR l I RfC 3/7/60 r � � I y0. SL G J-yI DJY 21 O(I �-t0' EASEAEN7 fD MUMETA NOT SPRINGS RCW PER Mr. 4kv R0. 014000194 ,em,u REC 6/28/O/ . SEC 7 J 0jV 20 ( `-11 TEMECUUI 7 /��a .G�J' 7J J 9J; Jl J WJ 9, MJ EASEMENT AREA HEREIN L111 d EASEMENT AREA DESCRBED 6.800 ACRES VICINITY MAP EXHIBIT "B" DEDICATION OF HABITAT A AD-161-SHCP TLX DAVID EVANS '�—an • sr. AND ASSOCIATES, ® couHTr STATE Of CNYFOINA , . EXH[BTI"'A" DEDICATION OF HABITAT AD•161-SHCP That portion of Section 21, Township 7 South. Range 2 West, San Bernardino Meridian, in the County of Riverside, $rate of California, according to the Official Plat of said Land filed in the District Land Office, described as follows: Commencing at the Northwest corner of said Section 21; thence along the north line of said Section 21, North $M9'37" Bast, 958.80 feet to the TRUE POINT OF BEGINNING; thence continuing North 8802917" Bast, 4337.60 feet to the northeast comer of said Section 21; thence along the east line of said Section, South 0059' 15" Wes4 1959.71 feet; thence North 8M'30" West, 331.31 feet; thence South 60°42139" West, 96.06 feet; thence North 89°10'21" West, 92.70 feet; thence North 5040'54" West,142.81 feet; thence North 37°18'47" Bast, 85.50 fact; thence North 25*31'18" East,112.71 feet; thence North 8011'S4" East, 112.76 feet; thence North 0°50'32" West, 262.15 feet; thence North 2r54'31" West,192.56 feet; thence North 40°55'28" West, 372.57 feet; thence North 24016'06" West,163.27 feet; thence North SW11'52" West, 146.69 feet; thence South 59053121" West, 91.23 feet; thence South 31°08'49" West,146.57 feet; thence South 03*09' 12" West, 6932 feet; thence South 27042'32" East,157A2 feet; thence South 49918' 18" Eas4 61.50 feet thence North 68°29' 19" Bast,150.04 fat; thence South 41058'23" East,153.10 feet; thence South 301110' 17" West,129.03 feet; thence South 46017' 16" East,. 70.83 feet; thence South 10°59' 54" Eas4 41.74 feet; thence South 71 °33'56" Wat4183.58 feet; thence South 55°57'01" Wes4 292.00 feet; thence South 45627'34" West, 97.37 feet; thence South 40050106" West,160.77 feet; thence South 51*06109" West 146.91 fect; thence South 61056'22" West 264.03 feet; P:WIASHB0005VA0 DesaiptionAlotm.doc them North 83050' 16" West,159.06 feet; thence Notch 90°00'W' West, 283.29 feet; thence South 81026'09" West, 356.89 feet; thence South 72°09'30" West, 161.36 feet; thence South 57°40'46" West, 87.87 feet; thence South 83°3L'23" West, 386.16 feet; thence North 84012'29" West, 129.22 feet; thence South 84027'26" West, 193.91 feet; thence South 63956'w' West, 113.99 feet; thence South 89*41'59" West 162.15 feet; thence South 74940'27" West, 84.91 feet; thence South 47654101" West, 206.41 feet; thence South 81036,13" Wem 465.73 feet; thence South 71°51'23" West, 6057 feet; thence North 64009' 59" West, 116.35 feet; thence North 38015' 19" East, 77.68 foot to the beginning of a tangent curve, concave westerly and having a radius of 1677.00 foot; thence Northerly 1102.66 feet along said curve through a central angle of 37040'23"; thence tangent to said curve, North 00*34156" East, 350.12 feet to the beginning of a tangent curve, concave westerly and having a radius of 2077.00 feet; thence Northerly 901.25 feet along said curve through a central angle of 24051'42" to the TRUE POINT OF BEGINNING. RESERVING an easement for slope and drainage purposes, including construction and maintenance of drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for fuel modification purposes over any portion of the property required to perform fuel modification and brush clearance in accordance with applicable government requirements, said area to be delineated upon recordation of the final map for subdivision of adjacent property. ALSO RESERVING an easement for construction, maintenance and traversal of a Fire Road over that portion of the Property designated by said purposes by any governmental agency with responsibility for the provision of fire service, said area to be delineated upon issuance of said governmental approval. ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes, including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property approved for such purposes by any government entity, said area to be delineated upon issuance of saidgovemment approval. PAMASHBOOOS epl DescriptionsVotw.doe ALSO RESERVING the right to reseed and maintain the Property in accordance with the AD- 161-SHCP Management and Maintenance Agreement, Assessment No. 006.001 and 006-W3, issued by the County of riverside on August 2,1998. ALSO RESERVING the right to access the Property for any of the above described purposes. THIS DEDICATION IS SUBJECT TO that certain 40.00 foot wide easement to Rancho California Water District recorded January 24, 2002 as Instrument No. 02-042151 of the official records of the County Recorder of Riverside County. The above -described parcel of land contains approximately 6.80 acres. That certain real property set forth at Exhibit' A" of this Grant Deed shall be refetrod to herein as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to that certain real property described at Exhibit'B" of this Grant Deed (die "Dominant Tenement'), and shall be biudiog upon and run w;tb the Dominant Tenement and the Servient Tenement. Each of the easements teserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, iagtess and egress across, over and under the Servicnt Tenement, as necessary to perform such work. Unless otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to perform work upon the Setvient Tenement, as described by each reservation of easement, shall terminate. DAVID EVANS AND ASSOCIATES, INC. 0- Q144d Ia. hAL 5--f•o3 * . 0.1 - ; Clif% SLmeptal, PL$ Date ar L.S. No.5022 Expires: I2-31-05 P:WW RBOOo5VAgaiDosctipdonsllothbS=1.doc • 958.80' — NBB•19'J7"£ Oj N� Q N h , � I 0 r W 1\ t; 0. K88.29'37'f 037.60' —�- ® 561•56'22"w ® N63.so, 16'w ® N90'00'001w " ® 58f •26'09'W ® S72.09'30'W ® Ss7•40'461w 19 S8.i•31123" W ® N64.12'29'w EASEMENT AREA DESCRIBED HEREIN EASEMENT AREA • 179.65 ACRES EXHIBIT "B" . l - DAVID EVANS AND ASSOCIATES, ® S84.27'26"W f93.91' 264.03' ® S63.56'06'W ff3.99' 159.06, ® S89.41'39'W 162.15' 283.29' S74.40'27'W 84.91' 356.89, ® 547.54'0f'W 206.4f' f6f.36' 58f•36'13W 'fa.73' 87.87, ® $7f'51'2.T'w 60.57' 386,16' ® N64.09159'W 116.38, 129.22' © tf38•f5'19'E 77.68, ® Qa37.40'23'Ref677.00' LM102.66' N0•34'56'E 350. 12' ® A44.51'42' Rp2077.00' Lr90f.25' DEDICATION OF HABITAT AD-161-SHCP COUNTY OF ftIYERSIOE � sieros STATE W CAL"MA r,Z Qi N89.26'30'11 33f.31' ®N80.11'52'W 146.69 ®S71.33'56'W 183.58' 0S60.42'39'W 86.06' 0S59.53'2f'w 9f.23' 0S55.57'01'W 292.00' QN89.10'211W 92.70' ®SJf'08'49''d 146.57' 0545.27'34"W 97.37' Q N05•40'54'W 142.81' ®S0l •09'12'W 69.52' 0 540'50'06'W f 60. 77' Q N37• f8'471E 85.50' @ $27.42'32'E 157.42' 0 $51.06'09'W 146.91, © N25.31 ' 18'E f 12. 71 ' 0549' 18'WE 61. 50' ® S6f • 5022'W 264, 03' tQN08.111641' 112.76' ®M68429'19'$ 150.01 ®N83.50'16'W 159,06, QN00.50'32'M 262.f6' ®S41•58'23'E 133,10, ON90•00100'W 283,20, QN22.54'311W 102,56' 0630' 10'17'W 129.03' ®581'26'09"W 366.89' O N40-55'28'W 572.57' ®546' 17' f 6'E 70.83' ®572909'30V 16f .36' 0N24•f6'06'W 163.27, 0Sf0'59'S4`P 41.74' ®EASEMENT AREA DESCRIBED HEREIN EASEMENT AREA - 170.55 ACRES IT "B" DEDICATION OF HABITAT AD-161-SHCP DAVID EVANS AND ASSOCIATES, C0181TY OF RIVERSIDE STATE OF CA SOFO A Exhibit B Restoration Plan MITIGATION PLAN FOR IMPACTS TO AREAS WITHIN THE JURISDICTION OF THE UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE UNDER SECTION 10(a)(1)(B) of the ENDANGERED SPECIES ACT of 1973 MINOR AMENDMENT FOR THE RORIPAUGH RANCH PORTION of the ASSESSMENT DISTRICT 161 (AD 161) SUBAREA HABITAT CONSERVATION PLAN CITY OF TEMECULA RIVERSIDE COUNTY, CALIFORNIA April 5, 2004 Prepared for: Ashby USA, LLC Contact: Richard Ashby 470 East Harrison Street Corona, California 92789-1314 Telephone: (909) 898-1692 Prepared by: Glenn Lukos Associates 29 Orchard Lake Forest, California 92630-8300 Contact: Sally Davis and Darlene Shelley Telephone: (949) 837-0404 I. DESCRIPTION OF THE PROJECT A. Responsible Parties 1 B. Location of Project 1 C. Brief Summary of Overall Project 1 11. GOALS OF THE COMPENSATORY MITIGATION 3 A. Habitat to be Restored 3 B. Time Lapse Between Impacts and Expected Mitigation Success 4 C. Estimated Implementation Cost 4 IMPLEMENTATION PLAN FOR THE COMPENSATORY MITIGATION SITE 5 A. Rationale for Expecting Implementation Success 5 B. Responsible Parties 5 C. Implementation Schedule 5 D. Protection of Existing Habitat 7 E. Biological Supervision 7 F. Restoration Landscape Contractor 7 G. Salvage of RSS Vegetation and Topsoil S H. Site Preparation q I. Planting Plan 10 F. Irrigation Plan 13 IV. PERFORMANCE STANDARDS AND SUCCESS CRITERIA 14 A. Target Vegetative Survival Indicators: 14 B. Target Vegetative Habitat Indicators: 14 C. Final Success Criteria Resoultion 15 D. Agency Confirmation 15 i MINOR AMENDMENT FOR THE RORIPAUGH RANCH PORTION of the ASSESSMENT DISTRICT 161 (AD 161) SUBAREA HABITAT CONSERVATION PLAN CONCEPTUAL MITIGATION PLAN I. DESCRIPTION OF THE PROJECT A. Responsible Parties Applicant/Permittee: Ashby USA, LLC Contact: Richard Ashby 470 East Harrison Street Corona, California 92879-1314 Telephone: (909) 898-1692 Preparer of Mitigation Plan: Glenn Lukos Associates, Inc. Contact: Sally Davis 29 Orchard Lake Forest, California 92630-8300 Telephone: (949) 837-0404 B. Location of Project Roripaugh Ranch (Project Site) is located in the City of Temecula, Riverside County, California as depicted on the U.S. Geological Survey (USGS) topographic map Bachelor Mountain, California (dated 1953 and photorevised in 1973). Regionally, the Project Site is bounded by the proposed alignment of Murrieta Hot Springs Road to the north, the proposed alignment of the Butterfield Stage Road to the south, Leon Road to the west, and the Johnson Ranch to the east [Exhibit 1]. The Project Site is located at 33032136"N Latitude and 117°03'10"W Longitude [Exhibit 21. The proposed 33.49-acre Mitigation Site is located on -site; 15.28 acres are located directly north of Murrieta Hot Springs Road; 18.21 acres are located north of project development east of the Butterfield Stage Road [Exhibit 3]. C. Brief Summary of Overall Project The 262 acres of Roripaugh Ranch open space includes 201 acres of preserved habitat as required in the Assessment District 161 Subarea Habitat Conservation Plan (AD 161 SHCP) as required for the federal Endangered Species Act Section 10(a) permit number TE-030505-0 issued by the United States Fish and Wildlife Service (USFWS) on December 4, 2001. The 201 acres of conserved land has been dedicated by deed restriction to the County Parks and Open Space Department. In March 2003, an estimated 8.95 acres of the conservation area were inadvertently impacted by the Applicant, including an estimated 4.33 acres of Riversidean sage scrub (RSS), 2.42 acres of transitional/degraded RSS, and 2.2 acres of ruderal, weedy, or agricultural areas. Ashby USA will restore 21.65 acres (4.33 acres at 5:1 ratio) of RSS to offset the unauthorized impacts to mature RSS.1 In order to complete daylight grading, an additional 9.26 acres of the conservation area will be impacted within the daylight -grading limit, including an estimated 4.44 acres of RSS and 1.97 acres of transitional RSS. Ashby USA will restore 8.88 acres (4.44 acres at 2:1 ratio) of RSS to offset impacts to mature RSS, and 2.96 acres (1.97 acres at 1.5:1 ratio) of transitional RSS for a total restoration of 11.84 acres of RSS.2 Ashby USA will restore 11.84 acres of RSS in addition to the 21.65 acres required for restoration of the previous impacts, for a total of 33.49 acres of RSS based on the estimated impacts. The proposed mitigation will be a part of the 201-acre Multiple Species Subarea Habitat Conservation Plan (MSSHCP) as authorized by the AD 161 MSSHCP Implementing Agreement and USFWS Section 10(a) permit. TABLE 1 SUMMARY OF IMPACTS TO RSS 5:1 Ratio for 2:1 Ratio for 1.5:1 Ratio for Impacts to Impacts to Impacts to Total RSS Impacted Mature RSS Mature RSS Transitional RSS Acres 4.33 acres mature RSS 21.65 acres 21.65 4.44 acres mature RSS 8.88 acres 8.88 1.97 acres transitional RSS 2.96 acres 2.96 1 TOTAL 33.49 'Ashby USA conserved 2.6 more acres in the Roripaugh Ranch conservation area than was originally anticipated in the SHCP. The conservation area in the SHCP was anticipated to be 201.0 acres, and 203.6 acres were conserved. Since the type of vegetation on the additional conserved habitat consists of a combination of disturbed habitat and RSS, USFWS has agreed that the additional conserved habitat will offset the unauthorized impacts to 2.42 acres of transitional/degraded RSS. P If impacts from the daylight grading are less than estimated, the amount of required restoration will be adjusted based on the above ratios. 2 II. GOALS OF THE COMPENSATORY MITIGATION The goals of the proposed mitigation program are to ensure that functions and values lost during inadvertent and proposed daylight grading will be regained within the 33.49-acre mitigation site. This plan proposes to restore all disturbed areas to original grade and revegetate the site to achieve a self-sustaining vegetative cover, consistent with the cover in the adjacent mature RSS, by the end of the five-year maintenance and monitoring period. The restored RSS areas are intended to be of equal or higher quality than the habitat removed. Specific goals for the establishment and restoration of RSS include: creation of self-perpetuating restoration areas requiring no artificial input for recruitment and propagation of desirable plant species; and restoration or enhancement of wildlife habitat areas that allow for the entire range of biological components, processes, and interactions, including natural processes of ecological succession, in the restored plant community. A. Habitat to be Restored The proposed mitigation is itemized below: 1. Prior to daylight grading operations, topsoil and associated vegetative matter will be removed from the 9.26-acre area that contains high quality RSS, and stockpiled prior to conducting the proposed daylight grading. This material will be utilized in the restoration site. 2. Directly following daylight grading operations, 21.65 acres of RSS habitat will be restored, resulting from unauthorized impacts to an estimated 4.33 acres of mature RSS habitat. An additional 11.84 acres of RSS habitat will be restored, resulting from impacts to 4.44 acres of mature RSS and 1.97 acres of transitional RSS. The Mitigation Site will be planted with native plant species common to adjacent Riversidean sage scrub habitat, including California sagebrush (Artemisia californica), hoary saltbush (Atriplex canescens), brittlebush (Encelia farinosa), interior goldenbush (Ericameria linearifolia), pine -bush (Ericameria pinifolia), California buckwheat (Eriogonum fasciculatum), deerweed (Lotus scoparius), chaparral mallow (Malacothamnus fasciculatus), white sage (Salvia apiana), and yucca (Yucca whipplei parishii). Implementation of this plan will result in a net increase in suitable habitat for the coastal California gnatcatcher (Polioptila californica californica), the Stephens' kangaroo rat (Dipodomys stephensi), Quino checkerspot butterfly (Euphydryas editha quino), Bell's sage sparrow (Amphispiza belli belli), orange -throated whiptail (Cnemidophorus hyperythrus beldingi), San Diego homed lizard (Phrynosoma coronatum blainville:), and southern California rufous -crowned sparrow (Aimophila ruficeps canescens). Further, this plan will create quality habitat within the most valuable habitat areas and provide a connection between MSHCP preserved lands and local wildlife linkage corridors. B. Time Lapse Between Impacts and Expected Mitigation Success Project grading activities will commence upon receipt of permits with project impacts expected to occur immediately thereafter. Final grading, planting, and irrigation shall begin upon completion of daylight grading. Within one year of the completion of mitigation installation it is expected that immature RSS vegetative structure will exist such that insects and birds will utilize the Mitigation Site for foraging. The Mitigation Site is expected to provide a greater degree of forage and shelter within two years, although woody shrubs will take approximately three to five years to become established. C. Estimated Implementation Cost TABLE 2 ESTI MATED MITIGATION COST; FOR INSTALLATIOIN OF 33.49 ACRES Task Estimated Cost Grading N/A Mobilization $5,000 Site Preparation° $4,000 Irrigation Installation $267,920 Installation (includes plants and seeds) $187,486 Installation Monitoring $10,000 Total $474,406 3 The cost estimate for mitigation site grading is beyond the expertise of the preparet of this plan. The cost estimate for chipping, mixing, storing, hydromulching, and spreading salvaged material cannot be determined until the quantity of salvaged material is known. 0 III. IMPLEMENTATION PLAN FOR THE COMPENSATORY MITIGATION SITE A. Rationale for Expecting Implementation Success The property within the Mitigation Site boundaries is a good candidate for habitat establishment for several reasons and will result in more overall benefit to the watershed to which the proposed impact site contributes. First, the plant palette is based on research conducted on existing vegetation in the adjacent open space that grows on slope aspects and soils that correspond with the Mitigation Sites. The RSS restoration will utilize species native to the surrounding area and will receive supplemental irrigation to assist in the establishment of the plant material. B. Responsible Parties The Applicant will be responsible for the implementation and completion of the mitigation project. Applicant: Ashby USA, LLC Contact: Richard Ashby 470 East Harrison Street Corona, California 92879-1314 Telephone: (909) 898-1692 Consultant: Glenn Lukos Associates, Inc. Contact: Sally Davis 29 Orchard Lake Forest, California 92630-8300 Telephone: (949) 837-0404 C. Implementation Schedule Salvage of RSS and topsoil, Mitigation Site final grading, site preparation, irrigation installation, and mitigation plantings shall begin after completion of daylight grading construction activities and shall be installed no later than December 31, 2004. The Project Biologist will supervise and provide biological monitoring during project construction, site preparation, installation of plant materials, and maintenance. Prior to daylight grading, topsoil and high quality RSS (duff) to be salvaged will be removed and transported to a temporary holding area until they can be re -applied to the Mitigation Sites. Duff removal in salvageable RSS areas will be conducted and stockpiled on -site. Site preparation will begin following the completion of the Mitigation Site grading. Planting activities shall take place between October and December to take advantage of natural rainfall and reduce erosion caused by bare graded areas. The following is an outline of the estimated schedule and phasing of restoration activities as well as necessary contracting requirements. Detailed information on each of these requirements is 5 discussed in Section III, Implementation Plan for the Mitigation Site and Appendix C, Standard Specifications. Pre -Grading Develop a grading plan for the Mitigation Sites. The grading plan shall be approved by USFWS. Contracting Requirements 1. Retain Project Biologist. 2. Contract with S&S Seed Company by June 2004 to collect local seed material from the Project Site or adjacent areas. 3. Contract with Tree of Life Wholesale Nursery by June 2004 to contract -grow native plants propagated from the Project Site or adjacent areas. 4. Contract with a qualified Landscape Contractor with a minimum of five years experience in sage scrub restoration projects. Grading and Salvage 1. Project Biologist will identify and flag areas for vegetation (duff) and soil salvage. 2. Project Biologist will monitor construction -grading activities. 3. Create on -site nursery for salvage materials. 4. Salvage soil and stockpile on nursery site. 5. Chip salvageable sage scrub (duff) and mix with salvaged soil. 6. Arrange salvaged duff and topsoil in berms 7. Hydromulch salvaged material 8. Weed salvage beans on an ongoing basis. Site Preparation 1. Weed RSS restoration sites. 2. Apply salvaged soil and duff to restoration sites. 3. Layout and install temporary irrigation system. 4. Flag plant locations for containerized plants. 5. Prepare planting holes for container stock. Planting Install container stock and hydroseed. D. Protection of Existing Habitat Prior to commencement of clearing, grubbing, or grading operations, the limits of the protection zones shall be clearly marked using a combination of silt fencing and biological fencing. Where the impacted area is adjacent to RSS preserved area, silt fence material will be keyed into the soil with biological fencing attached. Initial clearing and grubbing activities will be supervised by a qualified biological monitor who is permitted by USFWS to conduct CAGN surveys. The biological monitor will be on -site during initial clearing of RSS to insure that no direct impacts occur to transient gnatcatchers. E. Biological Supervision A biological monitor will be employed during all phases of the proposed project to oversee vegetation mowing, clearing, grubbing, grading, and construction activities to ensure that all avoidance and minimization measures are followed. A Project Biologist will be retained to coordinate implementation of the restoration plan, and will serve as liaison between the property owner, the landscape contractor, and USFWS. It will be the responsibility of the Project Biologist to oversee, monitor, and document the implementation of the mitigation plan, based on field conditions and unforeseen circumstances. All deviations from this plan shall be reported to the Project Biologist. The names, addresses, and phone number of the biological monitors shall be submitted to and be approved by USFWS prior to ground -disturbing activities. Prior to grading, biological monitors shall contact USFWS to verify that the limits of construction have been properly staked and are readily identifiable. The biological monitor will be present on -site just prior to and during initial grading to minimize take and harassment of gnatcatchers. This monitor will have the authority to halt project actions to allow any gnatcatcher threatened by construction activities to escape direct harm. Monitors shall submit a report to USFWS at the end of March, June, September, and December of each year documenting the implementation of all grading and construction minimization measures. F. Restoration Landscape Contractor Native plant revegetation and restoration efforts require specialized knowledge of implementation and maintenance procedures, particularly water requirements for native plants and knowledge of native and non-native plant species. Landscape contractors who perform residential and commercial landscaping in southern California generally do not have the expertise to perform this work. Restoration and maintenance on the Roripaugh Ranch project shall be performed by a qualified landscape contractor with a minimum of five years of experience in sage scrub restoration projects. The landscape contractor, hereinafter referred to as the Contractor, will be required to demonstrate experience in this field to the Project Biologist prior to contracting with the Applicant. The Contractor shall possess C27 and PCA licenses. G. Salvage of RSS Vegetation and Topsoil Areas within the daylight grading footprint that contain high quality RSS habitat will have the vegetation and the top six inches of topsoil removed for salvage prior to conducting daylight grading. This material will be stockpiled for reapplication on the Riversidean sage scrub restoration sites. Prior to any clearing, grabbing, or grading activities, all areas containing salvageable RSS vegetation (duff) to be salvaged shall be identified and clearly marked by the Project Biologist. All salvage work shall be conducted under the direction of the Project Biologist, and in the presence of a qualified biologist with a valid USFWS section 10(a)(1)(A) gnatcatcher recovery permit. The Contractor will be responsible for the maintenance of the salvaged material in the interim period prior to the, ultimate installation of the Mitigation Site. Salvage activities shall consist of the salvage of RSS duff and associated topsoil using the techniques described below. The vegetation and topsoil salvage will be accomplished when the soil is dry. No topsoil removal will occur during the wet season. The salvage, stockpiling, and placement of topsoil will occur only when the soil is dry for two reasons: 1.) the compaction potential is much reduced in dry soil; and 2.) desirable nutrient cycling microbes produce dormant spores during the dry season that are less perishable than their active growth forms. During soil salvage operations the Project Biologist will be on -site periodically to ascertain the actual desired depth of soil salvage and vegetation to be salvaged. A flat pad for stockpiling the topsoil on -site will be constructed by the grading contractor when the soil is dry, prior to salvage operations. Three to six inches of topsoil shall be collected using a bulldozer or scraper, transported to the nursery site, and covered with a tarp. RSS grubbed from the daylight grading area shall be transported to the nursery site. The Contractor shall chip, crash, cut and/or shred the salvaged vegetation. The crushed duff material shall be mixed with the topsoil and stockpiled in the designated area on -site. Stockpiles shall be less than four feet in height and width and stored in rows or berms. The stockpiles shall be fenced for protection from vandalism or accidental impact during construction. During the rainy season a silt fence shall be placed around the stockpile to hinder erosion. The stockpile shall be hydromulched for erosion control immediately following the completion of the salvage operations. Hydromulching shall be applied in a homogenous liquid slurry consisting of water, organic soil stabilizer, and cellulose wood fiber in a one-step process. Perennial weeds that grow on the stockpile will be controlled before their setting of seed. Weed control can be accomplished manually by the use of a hoe to uproot the entire plant, a mower or weed whip to cut plants, or by herbicide application. Herbicide application must be conducted by a licensed Pest Control Operator (PCO) under the direction of a licensed Pest Control Advisor (PCA). H. Site Preparation Site preparation shall consist of Mitigation Site final grading, distribution of salvaged materials, clearing and controlling all exotic plants, trenching and installation of irrigation components, removing trash and debris, preparing planting holes, and doing any other work necessary to make ready the area for planting. Final Grading The Mitigation Site will be graded so that the natural contours of the adjacent areas are matched. A final grading plan will be submitted to USFWS for review and approval. Duff Re -Application If feasible, the stockpiled crushed duff material shall be applied to a depth of six -inches on the Mitigation Site. Following application, the Contractor shall imprint the site with a sheep's -foot under the direction of the Project Biologist. Exotic Vegetation Control The predominance of non-native, invasive weed species throughout California has presented a challenge to most native revegetation projects. Weedy species are opportunistic, rapidly colonizing disturbed sites such as a revegetation site. This can lead to the displacement of native species if the weedy species are not properly treated. All undesirable exotic plants will be eradicated either during initial site grading or prior to site preparation. If grading precedes planting by more than a few months, it will be necessary to eradicate all undesirable exotic plants that have become established prior to planting and seeding of the Mitigation Site. If deemed necessary, a "grow -and -kill" cycle will be established during that period. Grow and kill is a cycle of applying water, germinating the non-native, invasive species, and spraying with the appropriate chemical. This allows a large portion of the seed load currently present in the soil to be removed. Removing the competition early in the life cycle of native plants helps to ensure more rapid growth and cover of the native species. The initial eradication of pest plants shall be performed by hand, by the use of pesticides, or by other methods approved by the Project Biologist. Weed control will be maintained throughout the monitoring period. Weeds will be controlled before their setting of seed. Ongoing weed control will be accomplished manually by the use of a hoe or other tool to uproot the entire plant, a mower or weed whip to cut plants, or by herbicide application. The type, quantity, and method of herbicide application will be determined by a California licensed Pest Control Advisor (PCA) who will inspect the site, write project recommendations and submit same to the Project Biologist for approval. Pesticide recommendations shall include, but are not limited to, the pesticides to be used, rates of application, methods of application, and areas to which pesticides are to be applied. A licensed Pest Control Operator (PCO) may work under the supervision of the PCA who will employ best management practices regarding the timing, quantity, and type of herbicide for each species. The PCA will determine both immediate and follow-up herbicide application for each species. The Project Biologist will direct the Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible. I. Planting Plan Planting shall consist of planting container stock, applying mulch, and hydroseeding. No planting shall be done in any area until the area concerned has been prepared in accordance with the plan and presents an appearance satisfactory to the Project Biologist. The Project Biologist shall be on -site daily during all phases of plant installation. Plant Palettes The Mitigation Site will be vegetated with plant species native to RSS habitats. The proposed revegetation plant palette for the RSS habitat type is designated below in Tables 4. The plant palette defines species, spacing, and total quantity of plants required. For the seeded species, pounds of seed per acre and total seed quantity are also specified. Source of Plant Materials It is preferred that the source of all propagules and seed used at the Mitigation Site be from the site or adjacent areas. If not available, the remainder of propagules and seed required will be from wild sources within Riverside County, and collected as close to the Mitigation Site as possible to preserve regional genetic diversity. Collected seeds will be used in the seed mix and/or grown as container stock for the Mitigation Site. Contract Growing Contract growing of all container stock for this project shall be with Tree of Life Wholesale Nursery. Contract collection of seeds shall be with S&S Seed Company. Substitution of plant material at the time of planting depends solely upon the discretion of the Project Biologist. Contact Pat Slat or at Tree of Life Wholesale Nursery (949) 728-0685 and Jody Miller at S&S Seeds (805) 684-0436). The contract shall be in place by June 1, 2004 to assure availability of plants and seed. The Contractor is responsible for notifying the nursery of the proposed date of installation to ensure proper hardening -off. The nursery shall harden -off all plant materials in full sun and out from under misting systems at least two weeks prior to plant installation. The Contractor shall provide Tree of Life and S&S Seeds with a delivery schedule for all plant materials. 10 Container Plants One -gallon container stock shall be utilized for container stock production. All plant materials will be inspected by the Project Biologist and approved as healthy, disease free, and of proper size prior to planting. Overgrown, root -bound container stock will be rejected. Mycorrhizal Fungi Mycorrhizae are specialized fungi found on plant roots. A symbiotic relationship exists between plant roots and mycorrhizae wherein the plants benefit from the increased ability to take up nutrients and withstand drought when mycorrhizae are present. This relationship is essential to the growth rate, well being, and longevity of native plant communities. Plant utilization of mycorrhizal fungi markedly increases the success of revegetation on disturbed or degraded lands. All appropriate container -grown plants, except those know to be non -host species, shall be inoculated with mycorrhizal fungi prior to delivery to the job site. Flagging of Plant Locations Container stock will be laid out in such a manner that mimics natural plant distribution (i.e., in clusters and islands) to emulate regional reference sites. Prior to container stock installation, the Project Biologist will flag individual plant locations in the field with pin -flags that will be color coded as to plant species. A list of species with their appropriate color code will be provided to the installation contractor prior to plant installation. Planting Method for Container Stock Container stock will be thoroughly watered the day before planting. One -gallon container stock will be planted in a hole measuring at least twice the diameter of the container and twice the depth. The container will be upended into the palm of the hand to avoid damage to the root structure and placed in the planting hole. The top of the root ball will be set one inch above finish grade. The planting hole will be backfilled with native soil. A three-inch high, hand -compacted earth berm, approximately 36 inches in diameter, will then be constructed around each container plant. This watering basin will be maintained until the plants are no longer irrigated. Mulch will be applied as a top dressing, 2 to 3 inches thick, but must not come in contact with the crown of the plant. Container stock will be watered immediately after installation. Hydroseeding with Mycorrhizae The Mitigation Site will be hydroseeded immediately after installation of container stock. The ground will be thoroughly wetted prior to hydroseeding. Hydroseeding will proceed after the Project Biologist has certified that hydroseed site preparation work has been completed. Hydroseeding will be performed only during low wind conditions. The hydroseeder must be cleaned before application. The hydroseed mix will consist of a slurry mixture containing the specified seed, water, AM-120 or Grolife, amendments, cellulose wood fiber, and organic soil stabilizer as indicated in Appendix C, Standard Specifications. 11 Riversidean Sage Scrub This plan calls for the establishment of 33.49 acres of Riversidean sage scrub (RSS) habitat. A total of 15.28 acres will be installed directly north of Murrieta Hot Springs Road, while 18.21 acres will be installed east of the realigned Butterfield Stage Road and adjacent to the northern boundary of the development [Exhibit 3]. This habitat type will be planted with native plant species common to adjacent Riversidean sage scrub habitat, including California sagebrush (Artemisia californica), hoary saltbush (Atriplex canescens), brittlebush (Encelia farinosa), interior goldenbush (Ericameria linearifolia), pine -bush (Ericameria pinifolia), California buckwheat (Eriogonum fasciculatum), deerweed (Lotus scoparius), chaparral mallow (Malacothamnus fasciculatus), white sage (Salvia apiana), and yucca (Yucca whipplei parishii). The planting palette for RSS is presented in Table 2 below. TABLE 2 Botanic Name Common Name Stock T e Plant Spacing No. per Acre Total Qty. Artemisia califomica California sagebrush 1 gal T o.c. 160 5,358 Atriplex canescens Hoary saltbush 1 gal 8' o.c. 20 670 Encelia farinosa Brittlebush 1 gal 8' O.C. 70 2,344 Ericameria linearifolia Interior goldenbush 1 gal 8' o.c. 35 1,172 Ericameria pinifolia Pine -bush 1 gal 8' O.C. 25 837 Eriogonum fasciculatum California buckwheat 1 gal 8' o.c. 160 5,358 Lotus scopanus Deenveed 1 gal 8' o.c. 85 2,847 Malacothamnus fasciculatus Chaparral mallow 1 gal 8' O.C. 40 1,340 Salvia apiana White sage 1 gal 8' O.C. 110 3,684 Yucca whipplei parishii Yucca 1 gal 8' O.C. 80 2,679 Total Container Stock 785 26,290 Seed Lbs per Total Lbs. Acre Artemisia califomica California sagebrush seed 4.0 134.0 Encelia farinosa Brittlebush seed 2.5 83.7 Ericameria linearifolia Interior goldenbush seed" 2.0 67.0 Ericameria pinifolia Pine -bush seed 1.0 33.5 Enodictyon crassifolium Yerba santa seed 1.5 50.2 Eriogonum fasciculatum California buckwheat seed 1 4.0 134.0 Gutierrezia califomica Broom matchweed seed 1.5 50.2 Hazardia squarrosa Saw-toothed goldenbush seed 1.0 33.5 Hemizonia fesciculate Fasciculated tarweed seed 1.0 33.5 Isomeris arborea Bladderpod seed 1.5 50.2 Lotus scoparius Deerweed seed 3.0 100.5 Malocothamnus fasciculatus 1 Chaparral mallow seed 1.0 33.5 Salvia apiana White sage seed 2.5 83.7 Total Seed Stock 1 26.5 887.5 12 F. Irrigation Plan Supplemental irrigation is to be used solely for the purpose of establishing the plants at the Mitigation Site and is of a temporary nature. The goal of the irrigation program is to obtain germination and growth with the least amount of irrigation. Frequent irrigation encourages weed invasion and leaches nutrients from the soil. The Mitigation Site will initially be supported by a short-term automatic irrigation system. The container stock will be irrigated as long as necessary to establish the root systems in the native soils, approximately two or three years. The main line will be installed below -grade. All lateral lines will be installed above -grade for ease of removal and inspection. The irrigation system plan will be designed after approval of the Mitigation Site final grading plan. The final design will include the layout and size and number of low -impact sprinkler heads. The system will include an automatic controller, solar if necessary. The irrigation system shall include the following components in the design: • a mainline with lateral lines and gate -valves to separately manage the various aspects of the slopes, as necessary. • lateral lines shall be laid out along the contour of the slope in order to mange the top of slope separately from the lower slope. • sprinkler heads shall be sized to accommodate the infiltration rate of the particular soils. • the system shall be laid out to provide head -to -head coverage. • the irrigation system shall be designed with quick -coupler valves to allow for hose connections and hand watering of plants. • all risers shall be between 12-inches and 18-inches in height. The critical period for irrigation is during the first winter and early spring following planting. During this time, roots are not well established and an unseasonable drought can cause high mortality. During dry periods after plant installation, the Project Biologist and the Contractor will regularly inspect soil moisture. Watering during the summer dry season will occur as frequently as required. After the initial plant establishment period, water will be applied infrequently and only as required to prevent the mortality of plants and seedlings. The irrigation methods employed will attempt to mimic wet rainfall years by incorporating evenly spaced, infrequent, deep applications of water. The soil shall be irrigated to full field capacity to the desired depth of approximately 18 to 24 inches during plant establishment. Allow the soil to dry down to approximately 50-percent of field capacity in the top 6 to 10 inches before the next irrigation cycle. When the plantings are sufficiently established and no longer require supplemental irrigation, the Project Biologist shall notify the Contractor to remove all above -grade irrigation system components from the Mitigation Site. 13 IV. PERFORMANCE STANDARDS AND SUCCESS CRITERIA Performance Standards are based on the stated goals of the program, the design of the Mitigation Site, and functional assessment criteria. This mitigation program considers the HGM functions of both the jurisdiction to be impacted and proposed mitigation jurisdiction to confirm that the functions of the replacement mitigation equal or exceed those of existing USFWS jurisdiction. A. Target Vegetative Survival Indicators: Measurable performance standards for the RSS plant community will be a minimum of 80-percent survival of container stock the first year and 100-percent survival thereafter. B. Target Vegetative Habitat Indicators: First -Year Monitoring Success Standard: A minimum of 35-percent coverage by native species; No greater than 5-percent coverage by non-native species. Second -Year Monitoring Success Standard: A minimum of 50-percent coverage by native species; No greater than 5- percent coverage by non-native species. Third -Year Monitoring Success Standard: A minimum of 70-percent coverage by native species; No greater than 5- percent coverage by non-native species. Fourth -Year Monitoring Success Standard: A minimum of 80-percent coverage by native species; No greater than 5- percent coverage by non-native species. Fifth -Year Monitoring Success Standard: A minimum of 90-percent coverage by native species; No greater than 5- percent coverage by non-native species. Additional criteria, listed below, will be considered as indicators of successful revegetation throughout the life of the project. Diversity of Vegetation To avoid a monoculture or limited species diversity within the established habitat, a minimum of six species native to the target habitat types must represent five -percent (each) of the total vegetational composition within the revegetation areas, with no single species representing over 75- percent composition. The low percentage representation is due to the expectation that this diversity will be provided by native herbs that would not normally represent a significant percentage of total vegetation cover in a mature habitat. 14 C. Final Success Criteria Resolution Final success criteria will not be considered to have been met until a minimum of two years after all human support, including artificial irrigation, has ceased. USFWS, at their discretion, may terminate the effort and at such time the City of Temecula will release the bond. D. Agency Confirmation The mitigation will not be considered complete without an on -site inspection by a USFWS project manager and written confirmation that approved success criteria have been achieved. s:/01382-7c.mit.dm 15 Cathy McCarthy From: Jonathan D_Snyder@rl.fws.gov Sent: Tuesday, April 13, 2004 9:52 AM To: Cathy McCarthy Cc: pmolah@hotmail.com; Jeanne Deringer; estanton@clnm.org Subject: Re: Roripaugh Ranch Restoration Plan Dear Cathy, Per Peter's request, this e-mail is being sent to 1) provide documentation that the Carlsbad Fish and Wildlife Office has approved the proposed restoration plan, and 2) provide an estimate of the amount necessary to complete the proposed restoration so that the project could be bonded. The amount in Table 2 of the proposed restoration plan ($474,406) would only cover the installation of the vegetation and not the maintenance and monitoring necessary to reach the success criteria. As a ballpark figure, we usually estimate coastal or Riversidean sage scrub restoration to cost about $25,000 per acre. This amount can vary by the project, but it seems to work as an estimate. Based on some feedback we have received recently from consultants, this estimate may even be a little low, but there are certain features of the proposed Roripaugh Ranch restoration that could make the restoration there a little easier than it would be in other cases, so the figure of $25,000 per acre should be a good estimate in this case. At $25,000 per acre, this total amount of the proposed restoration would be $837,250 (25,000 x 33.49). Note that this figure does not include permanent maintenance of the restored habitat (ongoing weed control, trash collection, patrol, etc.), which would be performed by the Center for Natural Lands Management. The Center has estimated to that this would cost about an additional $50,000, and we expect that funding will be provided to the Center for this purpose. Please call or e-mail if you have any additional comments or questions about the proposed restoration. Thank you for your coordination. Sincerely, Jonathan Snyder 6010 Hidden Valley Road Carlsbad, CA 92009 (760) 431-9440 x307 jonathan_d_snyder@rl.fws.gov Exhibit D Form of Faithful Performance Bond CITY OF TEMECULA FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC (hereinafter designated as 'Principal') have entered into an agreement entitled "Open Space Grading and Restoration Agreement Roripaugh Ranch Project' dated as of May 2004 ("Agreement'), whereby Principal agrees to grade portions of property owned by the City and to restore the protected habitat on certain portions of said property pursuant to the Restoration Plan described in the Agreement, which Agreement is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful Performance of the agreement: NOW, THEREFORE, we the Principal and as surety ("Surety"), are held and firmly bound unto the City of Temecula, California, in the penal sum of ($ .00) lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, its successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. 772478.3 5/4/04 16 As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 2004 PRINCIPAL ASHBY USA, LLC By: _ Name Title: SURETY By: Name: Title: [seal of Surety] APPROVED AS TO FORM ON BEHALF OF THE CITY: Peter M. Thorson, City Attorney 772478.3 5/4/04 17 Exhibit E Form of Labor and Materials Bond CITY OF TEMECULA LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Ashby USA, LLC (hereinafter designated as 'Principal') have entered into an agreement entitled "Open Space Grading and Restoration Agreement Roripaugh Ranch Project' dated as of May 2004 ("Agreement'), whereby Principal agrees to grade portions of property owned by the City and to restore the protected habitat on certain portions of said property pursuant to the Restoration Plan described in the Agreement, which Agreement is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and NOW, THEREFORE, we the Principal and as Surety ("Surety), are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of ($ .00), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor pursuant to the Agreement, the Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefof, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 772478.3 5/4/04 18 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 20_ PRINCIPAL ASHBY USA, LLC By: _ Name: Title: SURETY By: Name: Title: [seal of Surety] APPROVED AS TO FORM ON BEHALF OF THE CITY: Peter M. Thorson, City Attorney 772478.3 5/4/04 19 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OFFINAN CITY MANAGER R CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 11, 2004 SUBJECT: Winchester Road Widening, Project No. PW00-27 Acquisition Agreement — BP West Coast Products, LLC PREPARED BY: Amer Attar, Principal Engineer Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Approve and authorize the Mayor to execute substantially the form attached hereto, the PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND BP West Coast Products, LLC, for the acquisition of certain real property in the amount of $92,000.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document 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 July 22, 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 Winchester Road Widening, Project No. PW00-27. The attached Purchase and Sale Agreement describes the details for the acquisition of the real property interests necessary to construct the improvements for the future Winchester Road Widening. The purchase amount of $92,000.00, is the amount negotiated and within the limits authorized by the City Council. Upon the approval of the Purchase and Sale Agreement and the close of escrow, the City will own the easement on APN 909-281-017. 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. R:\agdrpt\2004\0511\PW02-23 purchase of BP West Coast FISCAL IMPACT: The Winchester Road Widening Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2004 budget. Adequate funds are available in Account No. 210- 165-608-5700 for the total acquisition cost of $92,000.00 plus the associated escrow fees. ATTACHMENTS: 1. Resolution No. 2004- 2. Project Location 3. Project Description 4. Purchase and Sale Agreement R:\agdrpt\2004\0511\PW02-23 purchase of BP West Coast 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 11th day of May, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor 3 R:\agdrpt\2004\0511\PW02-23 purchase of BP West Coast 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 111h day of May 2004 by the following vote: AYES: 0 COUNCILMEMBERS: 1►Lil �i=dilfiP►[ iT::x1l ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RAagdrpt\2004\0511\PW02-23 purchase of BP West Coast m cl a fE Q' O H U 0 3 7 a O O O O O 0 0 0 0 0 H v> sus v� sv ss C) 0 O O N r O b 0 0 N b O N O N 0 0 N O O O O CD O O O O O It0 0 0 7 O cn O N N n 69 ff} V% E9 E9 7 y � rn O 7 W M 0000 n N O vi e9 of of ss y U o _0 m 0 zj 0 E Q Q0 A h O U H p 611�f1,p I PROJECT: Winchester Road widening APN: 909-281-017 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ('Buyer") and BP West Coast Products, LLC, a Delaware limited liability company ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 909-281-017, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Larger Parcel'). B. Buyer desires to purchase a permanent street easement and a temporary construction easement in the Larger Parcel, identified as APN 909-281-017, 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. 2. 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 Page 1 of 7 V2 QARE"MIN\NAJ001Eminent Domain\ARCO Site #05500 _PurSaleAgrt_City of Temecula_V2.DOC 3/29/04 l control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total purchase price for the Property shall be the sum of Seventy Eight Thousand Two Hundred Dollars ($92,000.00) 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 its interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy"). 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 for that refund, if any, through or outside of Escrow. Page 2 of 7 V2 Q:\REWDMIN\NAJOO\Eminent Domain\ARCO Site #05500 _PurSaleAgrt_City of Temecula_V2.DOC 3/29/04 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 its interests in the Property to Buyer; and (ii) such other documents and sums, if 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 best actual 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 7 V2 QARRADMIMNAM Eminent Domain\ARCO SRe #05500 _PurSaleAgrt_City of Temecuta_V2.DOC 3/29/04 (d) Seller has and shall have paid, before Close of Escrow, its 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 its pro rata share of said taxes and/or assessments; and (e) Seller is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which it 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 hereby advises Buyer that Seller is currently and for some time has been actively engaged in the operation of a retail gasoline service station on the Larger Parcel, and that in connection with Seller's business, petroleum products have been and are presently being stored, used, and dispensed on and from the Larger Parcel in compliance with all applicable laws, regulations, and ordinances to which Seller and Seller's business are subject. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A. By execution of this Agreement, Seller, on behalf of itself, its 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 itself, its 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 it 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 Page 4 of 7 V2 0AREWDMIN NAMMEminent DomainWRCO SBe #05500 _PurSaleAgrt_City of Temecula_V2.DOC 3/29/04 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' Seller acknowledges that it 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 hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which it 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 an 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: BP West Coast Products LLC Attn: Mally Marsh 4 Centerpointe Drive La Palma, CA 90623 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 Page 5 of 7 V2 0AREWDMUNAM Eminent DomainXARCO SRe #05500 _PurSaleAgrt_City of Temecula_W.DOC 3/29/04 of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. 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. Mike Naggar represents to Seller that he is the Mayor 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. Page 6 of 7 V2 OAREWDMIMNAJOWminent DomainWRCO Site #05500 _PurSaleAgrt_City of Temecula_V2.DOC 3/29/04 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. 7. 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 Mayor 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: o RECOMMENDED FOR APPROVAL: M DATED: (to be dated by the Mayor) Page 7 of 7 SELLER: BP West Coast Products LLC By: W. Fillmore Woo , Jr. Vice President BUYER CITY OF TEMECULA On Mike Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM. - Peter M. Thorson, City Attorney V2 0ARE\ADMIN\NAJ00\Eminent Domain\ARCO Site #05500 _PurSaleAgrt_City of Temecula_V2.DOC 3/29/04 EXHIBIT "A" LEGAL DESCRIPTION: PARCELI THAT PORTION OF PARCEL 15 OF PARCEL MAP 19582-2, AS SHOWN BY MAP ON FILE IN BOOK 147, PAGES 3 THROUGH 6 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 15; THENCE SOUTH 48 DEG. 03' 33" WEST ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 15, A DISTANCE OF 181.33 FEET; THENCE SOUTH 41 DEG. 51' 27" EAST, A DISTANCE OF 232.76 FEET, TO THE SOUTHEASTERLY LINE OF SAID PARCEL 15; THENCE NORTH 48 DEG. 08' 33" EAST ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 142.95 FEET, TO AN ANGLE POINT THEREON; THENCE NORTH 05 DEG. 13' 54" EAST, A DISTANCE OF 31.32 FEET, TO THE NORTHEASTERLY LINE OF SAID PARCEL 15; THENCE NORTH 37 DEG. 40' 46" WEST ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 212.00 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION IS MADE PURSUANT TO LOT LINE ADJUSTMENT NO. 2620, APPROVED BY THE RIVERSIDE COUNTY PLANNING DEPARTMENT ON JANUARY 28, 1988, AND RECORDED MARCH 17, 1988 AS INSTRUMENT NO. 71282, OFFICIAL RECORDS. PARCEL II: AN EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF DRIVEWAY APRONS, DRIVEWAYS AND RELATED APPURTENANCES, OVER STRIPS OF LAND 20.00 FEET WIDE, LYING WITHIN PARCELS 14 AND 15 OF PARCEL MAP 19582-2, AS SHOWN BY MAP ON FILE IN BOOK 147, PAGES 3 THROUGH 6 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BUT OUTSIDE OF THAT PORTION DESCRIBED IN PARCEL 1 ABOVE, DESCRIBED AS FOLLOWS: (A) A STRIP OF LAND 20.00 FEET WIDE, THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" DESCRIBED ABOVE; THENCE SOUTH 48 DEG. 08' 33" WEST, 55.00 FEET. THE SIDE LINE OF STRIP (A) IS TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHEASTERLY LINE OF SAID PARCEL 14 AND AT A LINE DRAWN AT RIGHT ANGLES TO THE COURSE DESCRIBED ABOVE. (B) A STRIP OF LAND 20.00 FEET WIDE, THE NORTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT "B" DESCRIBED ABOVE; THENCE NORTH 41 DEG. 51' 27" WEST, 55.00 FEET. THE SIDE LINE OF STRIP (B) IS TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE SOUTHEASTERLY LINE OF SAID PARCEL 15 AND AT A LINE DRAWN AT RIGHT ANGLES TO THE COURSE DESCRIBED ABOVE. EXCEPTING THEREFROM GAS RIGHTS BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY, BY DEED RECORDED JUNE 15, 1988 AS INSTRUMENT NO. 162907 OFFICIAL RECORDS. APN:909-281-017-7 and 051-733-795-2 and 008-370-112-8 EXHIBIT "A" ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: May 11, 2004 SUBJECT: Community Theater -Project No. PW02-23 Acquisition Agreement for Access — Michael Butler, Grass Valley Associates 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 THE CITY OF TEMECULA AND Michael Butler -Grass Valley Associates, for the acquisition of certain real property in the amount of $16,000.00 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 access to the Community Theater, Project No. PW02-23. On March 2, 2004, the City delivered to Michael Butler -Grass Valley Associates an offer to purchase the property interests of a portion of Fourth Street as shown on the Map of the Town of Temecula. This portion 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 922-036-033, as described in the Agreement. The negotiations have concluded as set forth herein. The attached Purchase and Sale Agreement describes the details for the acquisition of the real property interests necessary to construct the improvements and provide access for the future Community Theater. The purchase amount, $16,000.00, is the 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 the needed portion of Fourth Street. RAagdrpt\2004\0511\PW02-23 Butler puch agreemt 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 approved in the Fiscal Year 2003-2004 budget. It is funded through the Redevelopment Agency. Sufficient funds are available in Account No. 210-190-167-5700 for the total acquisition costs of $16,000 and the associated escrow fees. ATTACHMENTS: 1. Resolution No. 2004- 2. Project Location 3. Project Description 4. Purchase and Sale Agreement RAagdrpt\2004\0511\PW02-23 Butler puch agreemt 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 111h day of May, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor RAagdrpt\2004\0511\PW02-23 Butler push agreemt 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 11th day of May, 2004 by the following vote: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:\agdrpt\2004\0511\PW02-23 Butler push agreemt x 0 U ai F u 0 L a z O ti E4 W A K H d dP" ."y Ha � a •o c h 0 O O O 00 n0 n00 N " N O O .+ N [h 'R w N c U U M M ° 00 n 69 69 V) V) 69 it y OS go 00 0 N 0 e 0 N b O O N O O N 0 0 y M O Vl v �o rn ao m N N cYi Vi Vi Vi 69 C N N O 10 w 7 Co O N M M 69 Vi fA V) ) o N W Vf Vf 69 VI %O n V) Vi Vi W O 0 U a h CD° o Q (O� DO o 0 d z a 'aO y O 7 0op �w 64aaH U u a �V�11 _ b a " F ¢ ci A 00 .�i PROJECT: Old Town Community Theater APN: 922-036-033 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ('Buyer") and Michael Butler -Grass Valley Associates, a California general partnership ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 922-036-033, 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 922-036-033, 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: 1. 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. 2. 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 7 2.1 Purchase Price. The total purchase price for the Property shall be the sum of Sixteen Thousand Dollars ($16,000.00) 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 Proaertv. 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 7 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 7 (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 7 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: Michael Butler -Grass Valley Associates P. O. Box 460 Chicago Park, CA 95712 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 7 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 additional documents and instruments Agreement. All parties hereto agree to execute any and necessary to carry out the terms of this 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 7 7. 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: `1- r 'L — 6 q— SELLER: RECOMMENDED FOR APPROVAL: 21 DATED: (to be dated by the Mayor) Michael Butler - Grass Valley Associates LL'Lq CITY OF TEMECULA 0 Shawn Nelson, City Manager ATTEST. - Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Page 7 of 7 CITY OF TEMECULA EXHIBIT "A" RIGHT-OF-WAY DEDICATION BEING A PORTION OF FOURTH STREET AS SHOWN BY THE MAP OF THE TOWN OF TEMECULA ON FILE IN MAP BOOK 15 PAGES 725-726, OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF THE 80 FOOT RIGHT OF WAY OF FRONT STREET AND THE CENTERLINE OF FOURTH STREET (FOURTH STREET 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) AS SHOWN ON A RECORD OF SURVEY ON FILE IN BOOK 112 PAGES 24-25; THENCE SOUTH 44031'28" WEST, 30.00 FEET, ALONG SAID CENTERLINE OF FOURTH STREET TO AN INTERSECTION WITH THE PROLONGATION OF THE SOUTHERLY RIGHT- OF-WAY OF FRONT STREET AS SHOWN ON SAID MAP OF THE TOWN OF TEMECULA AND ALSO ON SAID RECORD OF SURVEY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 45030'48" EAST, 18.00 FEET, ALONG SAID PROLONGATION OF THE SOUTHERLY RIGHT-OF-WAY OF FRONT STREET; THENCE SOUTH 44"31'28" WEST, 6.00 FEET, PARALLEL WITH AND 18.00 FEET SOUTHEAST OF SAID CENTERLINE OF FOURTH STREET; THENCE NORTH 45°30'48" WEST, 6.00 FEET; THENCE SOUTH 44°31'28" WEST, 104.03 FEET, PARALLEL WITH AND 12.00 FEET SOUTHEAST OF SAID CENTERLINE OF FOURTH STREET TO POINT ON THE PROLONGATION OF SOUTHEASTERLY LINE OF LOT 15, BLOCK 27 AS SHOWN ON SAID MAP OF THE TOWN OF TEMECULA AND ALSO ON SAID RECORD OF SURVEY; THENCE NORTH 45°31'00" WEST, 12.00 FEET, ALONG THE PROLONGATION OF SAID SOUTHEASTERLY LINE OF LOT 15 TO A POINT ON SAID CENTERLINE OF FOURTH STREET; THENCE NORTH 44031'28" EAST, 110.03 FEET, ALONG SAID CENTERLINE OF FOURTH STREET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 1356.28 SQUARE FEET, 0.0311 ACRES MORE OR LESS. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART HEREON. PREPARED UNDER THE SUPERVISION OF KE�COZAD No.46159 REGISTERED CIVIL ENGINEER NO. 26159 o Exp.3/31/O6 EXPIRES: 03-31-2006 Iv F:\A002201 \dwg\esmt\Fourth_02SAVE. doe EXHIBIT " B " RIGHT OF WAY DEDICATION CENTERLINE OF 80' RIGHT -OF -MAY FRONT STREET PER Y.B. 15/725-726 t R.S. 112/24-25 S443031'28"W S45'30'48"E o o _ol T.P.0.6 18.00' _ _ L _ S44'�'287W 9 F-1 J 42 6'� -12 ��10' STRIP VAC. PPEEqI� INST. 146491 30'*12 N45' 30' 48=W — — DATED: 4-23-75 O.R. 9 6.00' 9 10 0 nco -13 � p• — 0- — — — — — — — I o� 1'f M qt r? rr� Z 1 J l -17 -19 SCALE IN FEET 1 = 50' 20 N 2-1 30' 30' 22 INDICATES VACATED BY RESOLUTION NO. 87-272, RECORDED JULY 29. 1987 AS INST. NO. 218023, OR ®INDICATES RIGHT-OF-WAY DEDICATION TO CITY OF TEMECULA xxxx RIVER _ STREET Alder.° Z1 ' 10"W PREPARED FOR• OffY of TB ECt" 43200 BUSINESS PARK OR. TEMECULA. CA 92590 RECORD OWNER: MICHAEL BUTLER GRASS VALLEY ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP APN: 922-036-033 PREPARED BY: • ENGINEERS 4a"Af. MUNICIPAL CONSULTANTS ,ofM440MIFf ^r • SURVEYORS/GPSFAJFdf� PLANNERS 151 South Girord Street • Hemet, Co 92544 • (909) 652-4454 FAX (909) 766-8942 E-MAIL kbcozod.com 01COW12 84/17/0 11Q&59 ITEM 11 ORDINANCE NO. 04-04 AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, ADDING TITLE 18 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO GRADING, EROSION AND SEDIMENT CONTROL, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A GRADING MANUAL SETTING FORTH THE ADMINISTRATIVE PROCEDURES AND TECHNICAL REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE The City Council of the City of Temecula, does ordain as follows: Section 1: Growth and development have created permanent changes to the City's landscape and its natural resources. Open space and naturally vegetated areas have been permanently altered through clearing and grading activities associated with construction and land development. Loss of ground cover, coupled with grading, excavation, and compaction of the land contributes to decreased groundwater infiltration, increased storm water flow, erosion and increased sediment runoff into streams and other water bodies. Controlling erosion and sedimentation represents a vital component of protecting the water quality of our watercourses, water bodies and wetlands. Section 2: Grading and land clearing activities also impact the City's aesthetic value and community character. Establishing minimum standards and requirements relating to land grading, clearing, excavations and fills, and procedures by which these standards and requirements may be enforced, will help to ensure soil is not stripped and removed from lands in the City, leaving them unsightly and susceptible to erosion, subsidence, faulty drainage and sediment deposition. Section 3: It is desirable to adopt regulations for grading private property that will help to ensure that future grading, clearing and development of land within the City occurs in the manner most compatible with surrounding areas, and is paramount to protecting life, limb and property, and promoting and enhancing the general public welfare and a superior community environment. Section 4: The Temecula Municipal Code is hereby amended by adding Title 18, consisting of Articles 1 through 11, and the various Chapters and Sections within each Article, to read as follows: RJOrds 20041Ords 04-04 1 Sections: 18.01.020 18.01.040 18.01.060 18.01.080 18.01.020 Title TITLE 18 THE CITY OF TEMECULA GRADING, EROSION, AND SEDIMENT CONTROL ORDINANCE Chapter 18.01 ARTICLE 1. GENERAL PROVISIONS Title Grading Manual Purpose Scope The ordinance codified in these chapters shall be known as the "City of Temecula Grading, Erosion, and Sediment Control Ordinance" and will be referred to herein as "this Ordinance." 18.01.040 Grading Manual The Director of Public Works/City Engineer ("City Engineer") shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" ("Grading Manual"). The City Engineer shall have the authority to change, update or revise the Grading Manual as necessary in order to implement the provisions of this Ordinance and all revisions thereto arising from time to time. In the event of any conflict between the Grading Manual and this Ordinance, the more restrictive provisions shall govern. The provisions of the Grading Manual shall, to the extent they are made conditions of a permit by the City Engineer, be binding upon the permittee and those claiming under said permittee. 18.01.060 Purpose This Ordinance is enacted for the purpose of regulating grading activity on property within the city limits of the City of Temecula to safeguard life, limb, health, property and the public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public or private storm water conveyance facilities and surface waters; and to ensure that the intended use of a graded site within the city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable City ordinances and zoning regulations. 18.01.080 Scope This Ordinance sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from construction, grading, excavation, and land clearing activities. This Ordinance establishes procedures for issuance, administration and enforcement of permits for RJOrds 2004/Ords 04-04 such activities. Any such grading activities within the city limits of the City of Temecula shall conform to the provisions of this Ordinance and the Grading Manual and other applicable provisions of the City's Municipal Code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this Ordinance or the Grading Manual, the applicable provisions of the City's Municipal Code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this Ordinance and the City's Municipal Code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the City Engineer. Chapter 18.03 ARTICLE 2. PERMITS REQUIRED Sections: 18.03.020 Permits Required 18.03.040 Permit Exemptions 18.03.020 Permits Required No person shall conduct any grading, stockpiling, excavating, paving, earth moving, filling, clearing, disking, brushing, or grubbing on natural or existing grade, or perform work that is preparatory to grading, without first having obtained a permit in accordance with this Ordinance, except as specified below in Section 18.03.040, "Permit Exemptions," and without having obtained coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity (if applicable). 18-03.040 Permit Exemptions Grading permits are not required for A. An excavation below the existing finished grade for recompaction within the building zone (within five feet (6) of footings) or for basements and footings for a building, mobile home, retaining wall, septic system, well, or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet (2') after the completion of such structure. B. Cemetery graves; C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the Federal, State, County, or City Governments, or by a local agency as defined by Government Code Section 53090 through 53095 (special districts). This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights -of -way or easements of the above agencies; E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public right-of-way permit; RJOrds 2004/Ords 04-04 F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: 1. When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.09.120 (D), "Administrative Clearing Permit" of this Ordinance. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which, (a) is less than two feet (2') in vertical depth, or (b) which does not create a cut slope greater than three feet (T) in vertical height and steeper than two horizontal to one vertical (2:1). This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Ordinance. A fill less than one foot (1) in vertical depth, placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical (5:1), or less than three feet (T) in depth, not intended to support structures or mobile homes, which does not exceed fifty (50) cubic yards on any one site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Ordinance. J. The construction or maintenance of roads or facilities for the generation, storage or transmission of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Standard Urban Storm Water Mitigation Plan (SUSMP) requirements. A SUSMP high priority project includes the construction or reconstruction of 5,000 square feet of pavement in a parking lot, street, road or highway. K. The maintenance of private roads by private individuals or their agents, but not the construction or widening of such roads. Work may be subject to SUSMP requirements. L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Planning that such clearing and brushing will not cause significant damage to any rare, endangered or protected species of plant or wildlife or cause any significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space. R:/Ords 2004/Orris 04-04 4 M. Clearing and brushing, expressly for the following purposes: Routine landscaping and maintenance of already landscaped areas, and the removal of dead or diseased trees or shrubs. 2. Clearing which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An Administrative Clearing Permit, in accordance with Section 18.09.120 (D) of this Ordinance, shall be required for any purpose that is not specifically addressed by the construction permit. Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: a. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the General Plan, or the finally adopted plan of any public agency or governmental office with jurisdiction over the site, or shown on any approved Specific Plan; or b. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool, or riparian habitat, except as provided in exemption "P", below; or C. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency Flood Plain Maps, or on City revised maps except as provided in subsection "P", below. O. Repaving, resurfacing, and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. Work may be subject to SUSMP requirements. P. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct or redirect drainage from adjacent properties, nor 2. Divert the outflow of drainage from the existing or natural discharge point of the property, nor 3. Concentrate or accelerate the flow of drainage as it leaves the property, nor 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands. RJOrds 2004/Ords 04-04 Sections: 18.06.020 18.06.040 18.06.060 18.06.080 18.06.100 18.06.120 18.06.140 18.06.160 Chapter 18.06 ARTICLE 3. GRADING APPLICATION REQUIREMENTS Grading Application Plans and Specifications Geotechnical (Soils) Reports Seismicity Reports Dust Prevention and Control Plan Haul Route Plan Erosion and Sediment Control Plan Expiration and Renewal of Application and Grading Plans 18.06.020 Grading Application To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the City Engineer for that purpose. 18.06.040 Plans and Specifications A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geological reports, erosion and sediment control plans, proof of application for coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity, and all other information required by the City Engineer as specified in Subarticle 3.1 of the Grading Manual, and payment of the appropriate fees. The information required on the application form shall be kept current until the conclusion of the permitted activities. B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020, "Permits Required" of this Ordinance shall be prepared and signed by the Engineer of Record. This requirement may be extended to any project when, in the opinion of the City Engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with Subarticle 3.1 of the Grading Manual. 18.06.060 Geotechnical (Soils) Reports A. Surface and Subsurface Conditions. The City Engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this Ordinance and Subarticle 3.6 of the Grading Manual. B. Supplemental Reports/Data. The City Engineer shall require such supplemental reports and data, as he deems necessary upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic RJOrds 20041Ords 04-04 soil -testing laboratory, with written analysis and recommendation, to be utilized during any required revegetation. C. Waiver of Geotechnical Report Requirements. For a specific project, the City Engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The City Engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a). 18.06.080 Seismicity Reports - Alquist-Priolo Earthquake Fault Zoning Act A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions (tracts); all grading projects that propose the development of critical and major structures as defined by the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et seq.) and the provisions specified in Subarticle 3.6 (E), "Seismicity Reports" of the Grading Manual. 18.06.100 Dust Prevention and Control Plan Dust prevention and control procedures shall be employed while construction activity occurs to minimize wind borne particles. At minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track -out and haul routes shall comply with South Coast Air Quality Management District (AQMD) Rule 403 (Fugitive Dust Emissions) and the provisions of Subarticle 3.8 of the Grading Manual. 18.06.120 Haul Route Plan Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route shall be approved by the City Engineer in accordance with the provisions of Subarticle 3.9 of the Grading Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this Ordinance. Vehicular track -out shall be controlled, as directed by the City Engineer, to prevent sediment deposition outside of the project site boundaries. 18.06.140 Erosion and Sediment Control Plan All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways in accordance with the provisions of Chapter 18.15 of this Ordinance and Subarticle 6 of the Grading Manual. RJOrds 2004/Ords 04-04 18.06.160 Expiration and Renewal of Application and Grading Plans A. Applications for which no permit is issued within 180 days following the date of application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the City Engineer without additional notice to the applicant. B. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit grading plans and pay the most current plan check fee. D. Plan check fees shall be forfeited for all expired permits. Sections: 18.09.020 18.09.040 18.09.060 18.09.080 18.09.100 18.09.120 18.09.140 18.09.160 18.09.180 18.09.200 18.09.220 18.09.240 18.09.260 18.09.280 Chapter 18.09 ARTICLE 4. GRADING PERMIT REQUIREMENTS Permit Issuance — Terms and Conditions Responsibility of Permittee Contractor Qualifications Right of Entry Tentative Subdivision or Use Permit Required Types of Permits Protection of Adjoining Property Protection of Utilities Maintenance of Protective Devices Time of Operations Debris on Public Streets Disposal of Materials Expiration and Renewal of Permits Denial of Permit 18.09.020 Permit Issuance — Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports, and other requirements of this Ordinance, the City Engineer may issue a permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this Ordinance and the Grading Manual. B. The City Engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060, "Hazardous Conditions" of this Ordinance. C. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and R:/Ords 2004/Ords 04-04 specifications attached to the permit and approved by the City Engineer. A separate permit shall be required for each (noncontiguous) grading project. 18.09.040 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the permit as outlined in the applicable sections of this Ordinance, the Grading Manual, and as contained on the approved grading plans and geotechnical reports, The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the City's Standard Grading Notes, as identified in the Appendix section of the Grading Manual. 18.09.060 Contractor Qualifications All persons performing work pursuant to this Ordinance shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 18.09.080 Right of Entry As a prerequisite for issuance of any grading permit, the owner, contractor, or authorized agent of the site to be graded acknowledges and grants permission to the City for right of entry into the site for inspection, emergency work, or correction of grading not performed in compliance with the terms and conditions of the permit. The owner, contractor, or authorized agent shall agree to indemnify the City for any claims or damages, which may result from the City's entry onto the property including any corrective or emergency action taken pursuant to such right of entry. 18.09.100 Tentative Subdivision or Use Permit Required Under either of the following circumstances, a permit shall not be issued unless and until a tentative map or a conditional use permit has been approved by the City: A. If the purpose of the proposed grading or clearing is to prepare the land for a subdivision or for some use for which a conditional use permit is required; or B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the City Engineer finds that the purpose of the proposed grading or clearing is to prepare the land for subdivision or for some use for which a conditional use permit is required. 18.09.120 Types of Permits A. Rouqh or Precise Grading. The City Engineer may issue a rough or precise grading permit for grading work upon completion of an application in accordance with Subarticle 3.1 of the Grading Manual. The issuance of building permits shall be determined as follows: 1. Building permits may be issued for a site graded under a precise grading permit upon completion and approval of the rough grade inspection as specified in Subarticle 7.6 of the Grading Manual. R:/Ords 2004/Ords 04-04 2. Building permits shall not be issued for a site graded under a rough grading permit unless a precise grading permit has been issued. C. Stockpiling. Upon approval by the City Council, a stockpile permit may be issued for the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued rough or precise grading permit within six (6) months of issuance of a stockpile permit, unless modified by the City Council, in accordance with Subarticle 4.3 of the Grading Manual. D. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading or administrative clearing permit in accordance with Subarticle 4.2 of the Grading Manual. E. Borrow Sites. A grading and/or administrative clearing permit shall not be issued when, in the opinion of the City Engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow pit on the grading site. F. Paving. No person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of five thousand (5,000) square feet for any commercial, industrial, multi -residential, or other parking lot, without a valid grading permit for such paving. Maintenance and repaving of existing paved sections shall be exempt from this requirement. G. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without a grading permit unless (i) the requirement for a grading permit is waived by the City Engineer, or (ii) the grading is performed as interim protection under emergency flood fighting conditions, or (iii) a separate improvement plan for such alteration is signed by the City Engineer. H. Rock Blasting. No rock blasting shall be permitted until a preblast survey of the surrounding property is conducted to the satisfaction of the City Engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer, as specified in Subarticle 4.6 of the Grading Manual. 18.09.140 Protection of Adjoining Property. Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth of ten feet (10') or more below the grade and within ten feet (10) of the property line(s) shall protect the excavation so that the soil of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner(s) not less than ten (10) days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. RJOrds 2004/Orris 04-04 10 B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure not less than ten (10) days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all State and Federal regulations, including but not limited to, obtaining CAL OSHA permits D. No grading shall be approved which, in the opinion of the City Engineer, physically prevents the use of existing legal access to any parcel. 18.09.160 Protection of Utilities. A. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining grading activities to the area permitted on the approved plans. This responsibility applies within the limits of grading or clearing and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert, Inc. and coordinate the proposed excavation with all interested utility companies, districts, and agencies. 18.09.180 Maintenance of Protective Devices. The owner of the property on which a fill or excavation has been made pursuant to a permit granted under the provisions of this division, or any other person or agent in control of such property shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices such as erosion and sediment controls and planting shown in the approved plans and specifications or in the record drawings or required by the permit. Facilities dedicated for use by the public and accepted for such use by a public agency are excepted. 18.09.200 Time of Operations. A. Time of any grading, clearing and equipment operations pursuant to this Ordinance shall be consistent with City Ordinance No. 94-25. Grading operations within one -quarter (1/4) mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or nationally recognized holidays. The City Engineer may extend the hours permitted for grading or equipment operations if the City Engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community. B. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this ordinance. Residents working on their R:/Ords 2004/Ords 04-04 11 property are exempt from the prohibition of construction activities on Sundays and holidays but shall comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. 18.09.220 Debris on Public and Private Streets This Ordinance forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public right-of-way. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public right-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.120, "Grading and Erosion Control Securities" for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading to insure the cleanup of public streets. 18.09.240 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and Subarticle 4.4 of the Grading Manual. 18.09.260 Expiration and Renewal of Permits A. A grading permit shall be valid for a period of six (6) months from the date of issuance. B. The time limitation for all grading permits is also subject to the following provisions: Change of ownership. A permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required for completion of the work. a. If the time limitations of paragraph (A) of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the City Engineer, no charge shall be made for the issuance of a new permit. b. If changes have been made to the plans and specifications last submitted to the City Engineer, fees based on the valuation of the additional or new work, additional yardage and necessary plan checking shall be charged to the permit applicant. C. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.100, "Grading, Erosion and Sediment Control Securities" of this Ordinance. 2. Permit Extensions. The City Engineer may extend the time limit on permits by one (1) or more successive periods of up to one -hundred eighty (180) days upon written request by the applicant showing to the satisfaction of the City Engineer R:/Ords 2004/Ords 04-04 12 that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather -related delays. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather -related problems not considered at the time the permit was originally issued. C. As a condition of the extension of any time period, the City Engineer may require the payment of additional permit, plan checking, inspection, and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. 18.09.280 Denial of Permit A. Hazardous Conditions. A permit shall not be issued in any case where the City Engineer determines that the work as proposed by the applicant will: Expose any property to landslide or geologic hazard; or 2. Adversely interfere with existing drainage courses or patterns; or 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt, or debris on any other property or public or private street; or 4. Create any hazard to person or property; or 5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts. B. General Conditions. A permit shall not be issued if any of the following apply: 1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this Ordinance; 3. If the required security is not posted; 4. If the application contains false information. C. Other. The City Engineer shall deny the issuance of a permit if prohibited by a duly elected moratorium, court order, injunction, or other legal order; if the applicant or owner has failed to comply with the provisions of this Ordinance; or if the work proposed is not consistent with the City's General Plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or approved subdivision map. RJOrds 2004/Ords 04-04 13 Sections: 18.12.020 18.12.040 18.12.060 18.12.080 18.12.100 18.12.120 18.12.140 18.12.160 18.12.020 Cuts Chapter 18.12 ARTICLE 5. GRADING DESIGN STANDARDS Cuts Fills Setbacks Terraces and Terrace Drains Subsurface Drainage Pad Grading Asphalt Concrete Pavement Disabled Access Unless otherwise recommended in the geotechnical engineering and engineering geology reports, or both, and approved by the City Engineer, cuts slopes shall be no steeper than two (2) horizontal to one (1) vertical (2:1). All cuts and excavations shall conform to the provisions of this Ordinance and Subarticle 5.1 of the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor cuts not intended to support structures. 18.12.040 Fills Unless otherwise recommended in the geotechnical engineering or engineering geology reports, or both, and approved by the City Engineer, fills shall conform to the provisions of Subarticle 5.2 of the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the City Engineer for minor fills not intended to support structures. 18.12.060 Setbacks The setbacks and other restrictions specified by Subarticle 5 of the Grading Manual are minimum and may be increased by the City Engineer, pursuant to the recommendation of a civil or geotechnical engineer, to prevent damage to adjacent properties from erosion or to provide access for slope and drainage structure maintenance. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer. 18.12.080 Terraces and Terrace Drains Drainage facilities and terraces shall conform to the provisions of Subarticle 5.7 of the Grading Manual unless otherwise approved by the City Engineer. 18.12.100 Subsurface Drainage A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability, and as recommended by the geotechnical engineer, geologist, and/or engineering geologist. RJOrds 20041Ords 04-04 14 B. All canyons and buttress fills shall be provided with sub drains approved by the City Engineer. 18.12.120 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five (5) horizontal to one (1) vertical (5:1). Such runoff shall conform to the provisions of Subarticle 5.8 of the Grading Manual. 18.12.140 Asphalt Concrete Pavement Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses shall conform to the provisions of Subarticle 5.9 of the Grading Manual unless otherwise approved by the City Engineer. 18.12.160 Disabled Access All site development and precise grading shall be designed to provide access to all entrances and exterior ground -floor exits and to normal paths of travel in accordance with California Disabled Access Regulations (California Code of Regulations, Title 24, Part 2). Chapter 18.15 ARTICLE 6. EROSION AND SEDIMENT CONTROL Sections: 18.15.020 Construction Runoff Compliance 18.15.040 Erosion and Sediment Control Plans Required 18.15.060 Erosion and Sediment Control Systems 18.15.080 Temporary Site Vegetation — When Required 18.15.100 Erosion and Sediment Control Maintenance 18.15.120 Erosion and Sediment Control — Agricultural 18.15.140 NPDES Requirements 18.15.020 Construction Runoff Compliance A. All individual proposed construction and grading projects shall implement measures to ensure that pollutants from the site will be reduced to the Maximum Extent Practicable (MEP) and will not cause or contribute to an exceedance of water quality objectives. All grading and construction activities will be in compliance with applicable ordinances, permits and other applicable requirements. B. The permittee shall adhere to the following requirements: Develop and implement a plan to manage storm water and non -storm water discharges from the site at all times in accordance with Subarticle 6 of the Grading Manual. Projects disturbing one (1) acre or more of soil are required to generate a Storm Water Pollution Prevention Plan (SWPPP) per the State General Construction Permit; R:/Ords 2004/0rds 04-04 15 2. Minimize grading or conduct phased grading operations during the wet season and coincide grading with seasonal dry weather periods to the extent feasible. If grading does occur during the wet season, implement additional BMP's for any rain events, which may occur, as necessary for compliance; 3. Emphasize erosion prevention as the most important measure for keeping sediment on site during construction; 4 Utilize sediment controls as a supplement to erosion prevention for keeping sediment on -site during construction; 5. Minimize exposure time of disturbed soil areas; 6. Temporarily stabilize and reseed disturbed soil areas as rapidly as possible; 7. Permanently revegetate or landscape as early as feasible; 8. Stabilize all slopes; and 9. Provide evidence of existing permit coverage of the General Construction Permit, if applicable. 10. Implement the applicable requirements of the City's Standard Erosion and Sediment Control Notes, as identified in the Appendix of the Grading Manual. Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the General Construction Permit or other individual NPDES permit. 18.15.040 Erosion and Sediment Control Plans Required A. No grading work will be allowed on any single grading site under permit unless the City Engineer has approved an erosion and sediment control plan. B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, curbs, gutters, streets, drainage inlets, private and public storm water conveyance systems, environmentally sensitive areas, adjacent properties and watercourses in accordance with the provisions of this Chapter and Subarticle 6 of the Grading Manual. C. All erosion and sediment control "Best Management Practices" (BMPs) outlined in the Storm Water Pollution Prevention Plan (SWPPP), if applicable, will be shown on the erosion and sediment control plan and implemented prior to October Vt of each year. 18.15.060 Erosion and Sediment Control Systems A. The permittee shall be responsible for control of erosion and sediment discharge on and from all areas of grading until acceptance of the completed grading by the City Engineer. This responsibility extends to completed and occupied lots. Necessary materials shall be available onsite and stockpiled at convenient locations to facilitate rapid construction RJOrds 2004/Ords 04-04 16 of temporary devices, with equipment and workers for emergency work available at all times during the rainy season. B. No grading work shall be allowed on any site when the City Engineer determines that erosion, mudflow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. C. All removable protective devices shown on the erosion and sediment control plan and outlined in the SWPPP, if applicable, shall by in place at the end of each working day during the rainy season. If the permittee does not install or maintain erosion and sediment controls, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "Grading, Erosion and Sediment Control Securities" of this Ordinance is restored by the permittee. D. BMP's shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: An effective combination of erosion and sediment controls shall be implemented within seven (7) working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the City Engineer. 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during, and after any in -channel work. E. The faces of cut and fill slopes shall be prepared and maintained to control against erosion and sediment discharge. F. Permittee shall implement BMPs year round and can vary based on wet and dry seasons. Permittee shall also implement additional site specific BMPs, as necessary, to comply with this ordinance which may be more stringent than those required under the General Construction Permit. G. Permittee shall implement additional controls for construction sites tributary to Clean Waters Act (CWA) section 303(d) water bodies impaired for sediment. Each Permittee shall implement additional controls for construction sites within or adjacent to or discharging directly to receiving waters within environmentally sensitive areas. RJOrds 2004/Orris 04-04 17 H. Permittee shall conduct construction site inspection for compliance with this ordinance and all applicable permits. 18.15.080 Temporary Site Vegetation — When Required Unless recommended otherwise by the City Engineer, temporary site vegetation shall be required on any portion of the site upon three (3) months of grading inactivity for that portion of the site or expiration of a grading permit in accordance with Section 18.09.260, "Expiration and Renewal of Permits" of this Ordinance. In this instance, cut and fill slopes requiring erosion control shall be vegetated in accordance with Subarticle 6 of the Grading Manual. Erosion control vegetation is considered temporary, and shall not negate any City requirement or condition of approval to install permanent landscaping. Clearing of existing vegetation shall not occur until all BMP's have been installed. 18.15.100 Erosion and Sediment Control Maintenance. A. Prior to and after each rainstorm, silt and debris shall be removed from check dams, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, silt fences and other private and public storm water conveyance systems shall be dewatered to prevent overfilling between storm events. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. D. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. E. The premittee shall be responsible for continual maintenance of the devices during the construction activities. In the event of failure or refusal by the permittee to properly maintain the devices, the City Engineer may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include mobilization costs plus the costs of doing the work in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. F. In the event the City Engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. G. If any grading or clearing subject to Section 18.03.020 "Permits Required" of this Ordinance has commenced on private property without a valid grading permit, the property owner will be required to stop work and prepare and implement an erosion and sediment control plan which has been approved by the City. In the event of failure by the property owner to install an approved erosion and sediment control system, the City Engineer may cause work to be done to protect adjacent private and public property. The cost shall be charged to the owner in accordance with subsection (E) of this section. RJOrds 2004/Ords 04-04 18 18.15.120 Erosion and Sediment Control — Agricultural A. Resource Conservation Plans. For all lands used for agricultural purposes within the City of Temecula, the property owner shall cause to be prepared a resource conservation plan, utilizing the best management practices for the prevention of erosion and sedimentation. The resource conservation plan shall be prepared by the USDA Soil Conservation Services or a registered agricultural engineer consultant. B. Implementation of Resource Conservation Plans. The resource conservation plans to be prepared for best management practices implementation is to be prioritized based upon the soil conservation service "soil erosion hazard map" with those areas of high erosion hazard receiving top priority. Resource conservation plans for agricultural areas shall be submitted for review and filing by the City after acceptance by the Regional Water Quality Control Board C. Annual Report. The property owner of agricultural land shall be responsible for the preparation and submittal to the City Engineer an annual report setting forth their progress in the preparation of resource conservation plans and best management practices implementation. Progress reports may be required more frequently if deemed necessary by the City Engineer. 18.15.140 National Pollution Discharge Elimination System (NPDES) Requirements A. General Requirements. The permittee shall abide by all of the provisions set forth in the State Water Resources Control Board (SWRCB) NPDES General Permit for construction activity, if applicable. A Waste Discharge Identification Number (WDID) issued by the SWRCB shall be provided to the City prior to any grading. All grading activities subject to the regulations of this ordinance shall be designed and conducted to minimize runoff of sediment and all other pollutants onto public properties, other private properties and into waters of the United States as required by this section and City Municipal Code, Title 8, Chapter 8.28, Storm Water/Urban Runoff Management and Discharge Control, in accordance with Subarticle 6 of the Grading Manual. B. Responsibility. It shall be the permittee's responsibility to obtain the NPDES application package, submit the Notice of Intent (NOI) and appropriate fee to the SWRCB, complete all site -specific Storm Water Pollution Prevention Plans (SWPPP), monitoring and reporting program plans, reports, certifications, and other information required by the permit and or requested by the Regional Water Quality Control Board (RWQCB), SWRCB, United States Environmental Protection Agency (USEPA), or the City Engineer. The permittee shall update all plans as construction activities are modified from their original schedule and/or progress as originally planned. The permittee shall also maintain the site throughout the duration of the project as required by the permit. All of the information noted above shall be maintained on -site during construction and shall be presented upon demand by the SWRCB and/or City of Temecula inspectors. NPDES requirements will remain in effect until Notice of Termination (NOT) requirements are fulfilled. R:/Ords 2004/Ords 04-04 19 Chapter 18.18 ARTICLE 7. GRADING INSPECTION Sections: 18.18.020 Inspections Required 18.18.040 Grading Requirements 18.18.060 Transfer of Responsibility 18.18.080 Notification of Noncompliance 18.18.100 Special Inspections 18.18.120 Stopping and Correction of Work 18.18.020 Inspections Required All grading operations for which a permit is issued pursuant to the provisions of this Ordinance shall be subject to inspection by the City Engineer or his or her representative. 18.18.040 Grading Requirements A. Civil Engineer. It shall be the responsibility of the civil engineer who prepared the grading plans to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any City Engineer approved alternatives into the grading plan. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the City Engineer. 2. The civil engineer shall be responsible for the preparation of plan revision, and upon completion of the work, the submission of as -graded drawings incorporating all changes and/or additions made during construction. 3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall submit a written statement as evidence that rough grading for land development has been completed within standard tolerances in accordance with the approved plans and that all embankments and cut slopes and pad sizes are as shown on the approved plans. B. Geotechnical Engineer. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and preparing the preliminary geotechnical engineering report, determining the suitability of soils during grading, providing compaction inspection and testing, and preparing the final geotechnical engineering report. C. Engineering Geologist. The engineering geologist's area of responsibility shall include, but not be limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his findings to the geotechnical engineer for engineering analysis. RJOrds 2004/Ords 04-04 20 D. Landscape Architect. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape and irrigation plans. The landscape architect shall also prepare plan revisions, as required by the City Engineer, and shall submit as -graded drawings incorporating all changes and/or additions made during construction. All ground cover shall provide one hundred percent (100%) coverage within nine (9) months of planting, or additional landscaping shall be required in order to meet this standard. 18.18.060 Transfer of Responsibility. If the civil engineer, engineer of record, the geotechnical engineer, the engineering geologist, or the grading contractor of record is changed during the course of the work, the project shall be stopped until: The permittee submits a letter of notification verifying the change of the responsible professional; and 2. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He or she must state that they assume all responsibility within his or her purview as of a specified date. All exceptions shall be justified to the satisfaction of the City Engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. 18.18.080 Notification of Noncompliance If, in the course of fulfilling their responsibility under this division, the engineer of record, the geotechnical engineer, the engineering geologist, or the testing agency finds that the work is not being performed in accordance with approved plans, specifications, or this Ordinance, the discrepancies shall be reported immediately in writing to the grading contractor, the permittee and the City Engineer. Recommendations for corrective measures shall be submitted for approval to the City Engineer. 18.18.100 Special Inspections The City Engineer may establish special inspection requirements in accordance with Section 1701, "Special Inspections", of the California Building Code, amended, for special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the City Engineer, it is necessary to supplement the resources or expertise available for inspection. 18.18.120 Stopping and Correction of Work. A. The provisions of Section 104.2.4, "Stop Orders", of the California Building Code shall apply to all grading work. Whenever the City Engineer or his or her representative RJOrds 2004/Orris 04.04 21 determines that any work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the City Engineer to proceed with the work. B. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the City Engineer may require that such work be exposed for examination. Such work may be subject to additional inspection fees in accordance with Section 18.24.040(D), `Grading Permit and Inspection Fee" of this Ordinance. C. If the City inspector finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information which was required for issuance of the grading permit, he may issue a stop work order until a revised grading plan has been approved by the City Engineer. D. If, during the course of any clearing, grubbing or grading operations, discovery is made of items of archaeological or paleontological interest, the permittee shall immediately cease operation in the area of discovery and notify the City inspector. Discoveries that may be encountered include, but are not limited to, dwelling sites, stone implements or other artifacts, animal bones, and fossils. The permittee shall obtain the services of a qualified archeologist or paleontologist to investigate the site and assess the significance of the find. Under no circumstances shall anyone remove or disturb any artifacts or remains. Work shall be resumed in the area of discovery at the direction of the City Engineer. E. Work may resume and the stop order shall be rescinded upon the City Engineer's determination that conditions have changed, corrections have been made, or the causes or actions which required a stop order have been remedied or alleviated to his or her satisfaction. Chapter 18.21 ARTICLE 8. COMPLETION OF WORK Sections: 18.21.020 Final Reports 18.21.040 Notification of Completion 18.21.020 Final Reports Upon completion of the rough grading work and at final completion of the work, the City Engineer may require the written approvals, reports, plans and supplements specified in Subarticle 8 of the Grading Manual. 18.21.040 Notification of Completion The permittee or his agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, RJOrds 2004/Orris 04-04 22 including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance, i.e., release of security deposits, shall not be granted until the plantings have become established. The establishment of such erosion and sediment control plantings shall be certified by a licensed landscape architect and approved by the City Engineer. Chapter 18.24 ARTICLE 9. GRADING FEES AND SECURITIES Sections: 18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee 18.24.040 Grading Permit and Inspection Fee 18.24.060 Review of Geotechnical Reports Fee 18.24.080 Refunds 18.24.100 Cost Recovery Fees 18.24.120 Grading, Erosion and Sediment Control Securities 18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee. Before accepting an application and a set of plans and specifications for review, the City Engineer shall collect a plan -checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this Ordinance shall pay all fees and/or deposits as required by this Ordinance and by City Council resolution establishing applicable fees and deposits. 18.24.040 Grading Permit and Inspection Fee A. All applicants requesting a rough or precise grading permit, stockpile permit, or administrative clearing permit as required by this Ordinance shall pay all fees and/or deposits as required by this Ordinance and by City Council resolution. B. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project as indicated in the City's fee schedule. C. A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site. D. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Ordinance, except where it can be proven to the satisfaction of the City Engineer that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Ordinance. RJOrds 2004/Orris 04-04 23 18.24.060 Review of Geotechnical Reports Fee Before accepting a geotechnical (soils) report for review, the City Engineer shall collect a report review fee. A separate fee will be charged for each individual report fee submitted for review. The amount shall be as set forth by City Council resolution. 18.24.080 Refunds After submittal and commencement of processing by the City, no fee collected pursuant to this division, shall be refunded in whole or in part, except as provided as follows: A. Inspection fees may be refunded, less any City expenses incurred, including an overhead charge of twenty percent (20%), at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the grading application has expired or has been withdrawn. B. No refund shall be made if the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done on the grading work itself. C. No refund shall be made pursuant to this section if a request for refund is submitted to the City more than one (1) year from the date of payment of the fee as to which a refund is claimed. 18.24.100 Cost Recovery Fees If the City Engineer performs emergency work relating to grading and erosion and sediment control on private property, he shall charge the property owner all direct and indirect costs that are necessary to complete the work to his satisfaction. Any costs assessed against the property owner under this section may be appealed to the City Council in accordance with Section 18.27.100, "Appeals" of this Ordinance. 18.24.120 Grading, Erosion and Sediment Control Securities A. Security required. A grading permit shall not be issued unless the permittee first posts a security with the City comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, in an amount specified in Subarticle 9 of the Grading Manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance, as follows: 1. A cash deposit, in accordance with Subarticle 9 of the Grading Manual, may be required by the City Engineer to ensure the elimination of hazardous conditions and the emergency maintenance of erosion and sediment control systems. 2. A cash deposit, in accordance with Subarticle 9 of the Grading Manual, may be required by the City Engineer for stockpiles to ensure their removal in accordance with Section 18.09.120(C), "Types of Permits" of this Ordinance. 3. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) RJOrds 2004/0rds 04-04 24 bond or other approved security that covers all such projects may be accepted in an amount determined by the City Engineer. B. Failure to Complete the Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Engineer may order work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done. C. Default in Performance Conditions. Whenever the City Engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this Ordinance, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. The surety shall pay the City for actual costs in accordance with Section 18.24.100, "Cost Recovery Fees" of this Ordinance. Chapter 18.27 ARTICLE 10. ORGANIZATION AND ENFORCEMENT Sections: 18.27.020 Powers and Duties of the City Engineer 18.27.040 Violations and Penalties 18.27.060 Hazardous Conditions 18.27.080 Public Nuisance 18.27.100 Appeals 18.27.020 Powers and Duties of the City Engineer The provisions of section 202, Powers and Duties of Building Official, of the California Building Code shall apply to the City Engineer and his or her representative for all grading construction and earthwork to be done as required by any conditions of a permit issued pursuant to this Ordinance. 18.27.040 Violations and Penalties A. It shall be unlawful for any person, firm or corporation to do grading work in the City of Temecula, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance or State or Federal Law. B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of occupancy may be withheld on property on which a violation of the provisions of this Ordinance exist, including work not performed in accordance with the approved plans, until such violation(s) has been corrected to the satisfaction of the City Engineer. RJOrds 2004/Ords 04-04 25 C. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this Ordinance are permitted, continued or committed by such person, firm or corporation and shall be punishable as provided for in Chapter 1.20, "General Penalty" of the Temecula Municipal Code. 18.27.060 Hazardous Conditions A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities. B. The City Engineer or their designee (including City Code Enforcement) may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection (A) of this section. C. Upon confirmation of a hazardous condition, the City Engineer or their designee (including City Code Enforcement) shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance. D. The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs as required. In the event that corrective action is not completed within the period specified in writing, the City may exercise any available recourse for correction of said hazardous condition in accordance with Title 8, Chapter 8.12, "Nuisances" of the Temecula Municipal Code. 18.27.080 Public Nuisance For purposes of this Ordinance, the following shall constitute a public nuisance: A. Any grading or other work conducted without a permit where it is required by this Ordinance. B. Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this Ordinance. C. Any grading or other work, which fails to be done as required by any conditions of a permit, issued pursuant to this Ordinance. D. The existence of a hazardous condition as defined in Section 18.27.060, "Hazardous Conditions" of this Ordinance upon the determination by the City Engineer that such condition exists. R:/Ords 2004/Ords 04-04 26 1&27.100 Appeals A. The applicant, permittee, or any person(s) not satisfied with the decision by the City Engineer in regards to issuance of a grading permit or the performance of the permitted work, may file a written appeal to the City Clerk for a hearing before the City Council. B. Any such appeal must be made within three (3) calendar days following the decision. C. The City Council will set a hearing to consider the appeal at the earliest possible regularly scheduled City Council meeting. D. The City Council, after receiving and considering all testimony and pertinent documents, may: Uphold the City Engineer's decision; or 2. Approve the appeal; or 3. Modify the City Engineer's decision, consistent with the requirements of this Ordinance. Chapter 18.33 ARTICLE 11. DEFINITIONS OF TERMS Whenever, in this Ordinance and the Grading Manual, or in any resolution or standard adopted by City Council pursuant to this Ordinance, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent that some other meaning is intended: "Administrative Clearinq Permit" means a permit that authorizes the clearing, brushing, or grubbing of a portion of land beyond that scope exempted from the permit process by this Ordinance. "As -Graded" means the site configuration upon completion of grading. This includes all horizontal and vertical dimensions and relationships and all physical features installed, reconstructed, eliminated, or altered by the grading operations as shown on the record drawings prepared by the Engineer of Work. "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "path of travel". "Accessibility" means the combination of various elements in a building or area, which allows access, circulation, and the full use of the building and facilities by handicapped persons. "Applicant" means any person, corporation, partnership association of any type, public agency or any other legal entity who submits an application for a grading permit pursuant to this Ordinance. R:/Ords 2004/Orris 04-04 27 "Approval" means that the proposed work or completed work conforms to the requirements of this Ordinance, in the opinion of the City Engineer. "ASTM Standards" means the American Society for Testing Materials, which develops standardized test methods, specifications, practices, guides, classifications and terminology in such subject areas as metals, paints, construction, consumer products and many others. "Base" means a layer of specified material of planned thickness placed immediately below the pavement or surfacing. "Bedrock" means in -place solid rock. "Best Management Practices" (BMPs) means the management practices, operating procedures, and devices implemented to prevent or reduce the discharge of pollutants directly or indirectly to public or private drainage systems. "Bench" means a relatively level step excavated into soil materials on which fill is to be placed. "Borrow" means soil material acquired from an off -site location for use in grading on a site. "Buttress Fill" means an engineered fill designed to stabilize an adverse geologic condition (landslide, adverse bedding, etc.). "Certify" or "Certification" means a signed written statement that the specific inspections and/or tests required to be performed on real property have been performed and that the works comply with the applicable requirements of this Chapter, the plans, and the permit. "City Engineer" means the Director of Public Works/City Engineer of the City of Temecula or his or her duly delegated representative. "Civil Engineer" means a professional engineer registered in the State of California to practice in the field of civil engineering. "Clearing. Brushing and Grubbing" means the removal or disturbance of vegetation (grass, brush, trees, and similar plant types), weed abatement, manmade structures, environmentally sensitive species and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any means for purposes of development or compliance with laws, rules or regulations. For purposes of this chapter, references to "clearing" means clearing, brushing and grubbing individually and separately. "Compaction" means the densification of a fill by mechanical or other acceptable means. "Construction Site" means any project requiring a local grading or building permit, including projects requiring coverage under the General Construction Permit. "Contour Grading" means grading that creates or results in land surfaces that reflect the pre - graded natural terrain or that simulates natural terrain (i.e. rounded, non -planer surfaces and rounded, non -angular intersections between surfaces). "Crib Wall" means a crib type wall as described in the most recent publication of "Standard Plans", Department of Transportation, State of California. RJOrds 2004/Orris 04-04 28 "Cross -Lot Drainage" means any drainage course created through grading or excavation that crosses on to another lot either within or outside the subdivision or construction site. "Curb Cut" means the interruption of a curb at a pedestrian way, which separates surfaces that are substantially at the same elevation. "Curb Ramp" means a sloping pedestrian way, intended for pedestrian traffic, which provides access between a walk or sidewalk to a surface located above or below an adjacent curb face. "Cut" see definition for "Excavation." "Dry Season" means May I't thru September 30'" of each year. "Engineer of Record" means the professional engineer holding a current registration in the State of California who supervised the design and signed the grading plan accepted by the City Engineer. "Erosion" means the process by which the ground surface is worn away as a result of the movement of wind or water. "Erosion and Sediment Control Plan" is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall provide for protection of exposed soils and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. "Erosion and Sediment Control System" means any combination of desilting facilities, retarding basins, flow decelerators, and/or erosion protection (including effective planting and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site. "Excavation" or "Cut" means an act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed, or relocated, and shall include the conditions resulting there from. "Expansive Soils" is any soil with an expansion index greater than twenty (20), as determined by the Expansive Index Tests of the California Building Code. "Fault" means a fracture in the earth's crust along which movement has occurred. A fault, as defined by the California Division of Mines and Geology, is considered active if the movement has occurred within the last eleven thousand years (Holocene geologic time). "Fill" means a deposit of soil, sand, gravel, rock, or other material placed by artificial means. "Fugitive Dust" means the particulate matter entrained in the ambient air as a result of man- made fugitive dust sources as determined by South Coast Air Quality Management District Rule 403. "General Construction Permit" means the permit issued by the SWRCB to regulate discharges from construction activity. R:/Ords 2004/Ords 04-04 29 "Geohvdrologv" means all groundwater information, water -well usage rate requirement, seepage elevations, pollution evaluations, projected usage rate considerations, evaluations of impact on existing and future users, and long term projections appropriate to site development. "Geologic Hazard" means any geologic feature capable of producing structural damage or physical injury. Geologic hazards include: A. Landslides and potential slope instabilities resulting from bedding faults, weak clay stone beds, and over steepened slopes. B. Deposits potentially subject to liquefaction, seismically induced settlement, severe ground shaking, surface rupture, debris flows, or rock falls resulting from fault activity. C. Deposits subject to seepage conditions or high -ground water table. "Geotechnical Engineering Report" means a geotechnical report prepared under the responsible supervision of a geotechnical engineer and approved by the City Engineer or his representative, which includes: A. Preliminary information concerning engineering properties of soil and rock on a site prior to grading, present, historical, and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquefaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use. B. A grading report which includes information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use. "Grade" means the vertical elevation of the ground surface. A. "Existing grade" means the ground surface prior to any grading activity. B. "Finish grade" means the final grade of the site, which conforms precisely to the City - approved plans, approved construction changes or approved record drawings. C. "Natural grade (or natural ground)" means the ground surface unaltered by artificial means. D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete. "Grading," means any process of excavation or filling or combination thereof. "Greenbook Standards," means the most recent publication of the Standard Specifications for Public Works Construction, which provides specifications that, have general applicability to public works projects. RJOrds 2004/0rds 04-04 30 "Hillside Site," means a site where the existing grade is 20 percent (%) or greater and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property. "Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. "Ke a ' means an excavated trench into competent earth material beneath the toe of the proposed fill slope. "Landslide" means a perceptible down slope movement of rock, soil, or artificial fill ranging in speed from moderately slow (slump) to very rapid (avalanche). "Maximum Extent Practicable (MEP)" means the technology based standard established by Congress in the Clean Waters Act, Section 402(p)(3)(B)(iii) that operators of MS4 permits must meet. To achieve the MEP standard, municipalities must employ whatever Best Management Practices are technically feasible (i.e. are likely to be effective) in combination with treatment methods serving as a backup. "Mined Lands" includes the surface, subsurface, and groundwaters of an area in which surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such area, land excavations, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other related materials or property are located. "Municipal Separate Storm Sewer System/MS4 (Permit)" means the certification/regulation requirements that the City must meet to allow storm water discharges into the Waters of the State. "Natural Terrain" means the lay of the land prior to any grading or other artificial landform modification. "National Pollutant Discharge Elimination System (NPDES)" means the permitting and program requirements established by the Federal Clean Water Act and administered by the Environmental Protection Agency to regulate the discharge of pollutants to waters of the United States. "Owner" means a person who owns a site upon which is located grading, clearing, mining, quarrying, and/or commercial extraction operations that are being conducted or may be conducted. "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that provides free and unobstructed access to and egress from a particular area or location for pedestrians and/or wheelchair users. "Permit" means the authorization issued pursuant to this Ordinance, together with the application for the same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications thereto. RJOrds 2004/0rds 04-04 31 "Permittee" means any person, property owner, contractor or authorized agent to whom a permit is issued pursuant to this Ordinance. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec. 3501) "Pollutant" means any agent that may cause or contribute to the degradation of water quality. The term may include, but is not limited to, dredged spoil, rock, sand, silt, solid and liquid waste, oil, fuels, construction related materials, debris and other contaminates. "Precise Conformance", for purposes of this ordinance, means: A. Pad elevations within plus or minus four -tenths of a foot of planned elevation or approved construction change: B. Street subgrade within plus or minus four hundredths of a foot of planned elevation or approved construction change; C. Slope grades within plus or minus one foot of planned elevation or approved construction change; D. Rock slopes (rip -rap armoring) and horizontal locations within two feet of planned elevation and location or approved construction change; E. Drainage gradient to within two -tenths of one percent of planned slope or approved construction change; and F. Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" (Green Book). "Precise Grading Permit" means a permit that is issued on the basis of approved plans that show the precise locations of structures, finished elevations, drainage details and all on -site improvements on a given property. "Priority Development Projects" means new development and redevelopment projects, as indicated in the City's MS4 permit requirements. "Quarrying " means the process of removing or extracting stone, rock, or similar materials from an open excavation for financial gain. "Rainy Season" means the period beginning October 1s` and ending April 30th the next calendar year. "Record Drawings" means plans prepared by the engineer of work subsequent to the completion of all work on the approved plans and approved changes thereon depicting the as - graded condition. "Regional Water Quality Control Board" (RWQCB) means the Regional Water Quality Control Board for the San Diego Region, which includes the City of Temecula. RJOrds 2004/Ords 04-04 32 "Retaining Wall" means a wall designed to resist the lateral displacement of soil or other materials. "Rough Grading Permit" means a permit that is issued on the basis of approved plans that show finished elevations, interim building pad elevations and drainage. "Site" means the real property on which activities subject to this Ordinance may occur. "Slope" means an inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Slope Revegetation" means the planting of graded slopes with native and/or naturalizing plant species, which, after an initial establishment period, usually requiring irrigation, will survive with normal precipitation. "Slope Stability' shall be defined as follows: A. "Gross stability" means the factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face. B. "Surficial stability" means the factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face. "Soil" means any rock, natural soil, or fill, and/or any combination thereof. for all or portions of Los Angeles, Orange, San oversees air pollution emissions from stationary generated by construction activity. SCAQMD) means the regulatory authority Bernardino and Riverside Counties that sources, including fugitive dust sources "State Water Resources Control Board" (SWRCB) means the regulatory authority that allocates water rights, adjudicates water right disputes, develops statewide water protection plans, establishes water quality standards, and guides the nine Regional Water Quality Control Boards located in the major watersheds of the state. "Stockpile" means a temporary uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved, or relocated at a later date. "Stop Work Order" means an order issued by a City official who requires that specific activity or all activity on a work site be stopped. "Storm Water" means surface runoff and drainage associated with storm events. "Storm Water Management Plan (SWMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used for storm water and non -storm water management during the permitted activity. "Storm Water Pollution Prevention Plan" (SWPPP) means a document (other than a Storm Water Management Plan), which meets the requirements set out in the State General Construction Storm Water Permit or the State General Industrial Storm Water Permit. The RJOrds 2004/Ords 04-04 33 SWPPP submitter to the City must describe the BMPs to be implemented to meet the requirements of this Ordinance. "Sub -base" means a layer of specified material of planned thickness between a base and the subgrade. "Subgrade" means the soil prepared to support structures, or that portion of the roadbed on which pavement, surfacing, base or subbase, or layer of other material is placed. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from Priority Development Projects. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. "Topsoil" means soil which is within the uppermost horizon of a soil profile, and which contains organic matter, nutrients, and microorganisms necessary for plant growth. "Ultimate Right -of -Way" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the Ultimate Right -of -Way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the Ultimate Right -of -Way shall be considered to be the existing right-of-way. "Watercourse" means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water. "Watershed" means the geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also know as a drainage area, catchment, or river basin. "Waters of the State" means any water, surface or underground, within the boundaries of the State, including a MS4. Section 5: The provisions of Title 18, Articles 1 through 11, shall apply to all grading permits issued on or after the effective date of this Ordinance. Section 6: The City Council authorizes and directs the Director of Public Works/City Engineer to prepare and utilize a manual of standards setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and requirements shall be entitled "Administrative and Technical Procedures Manual for Grading, Erosion, and Sediment Control' in substantially the form set forth in Exhibit A. Section 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. R:/Ords 2004/Ords 04-04 34 Section 8: The potential grading and land clearing activities regulated by this Ordinance represent components of the adopted General Plan that has already received the appropriate review when the General Plan was approved. Based on this fact, the City Council hereby finds that the adoption of this Ordinance is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City General Plan was certified on November 9, 1993. Section 9: The City Clerk shall certify the Ordinance and cause it to be published as required by law. This Ordinance shall take effect on the 30'h day after adoption pursuant to state law. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 1 Vh day of May, 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, do certify that the foregoing Ordinance No. 04-04 was dul� introduced and placed upon its first reading at a regular meeting of the City Council on the 20t day of April, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 11'h day of May, 2004 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2004/Ords 04-04 35 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ADMINISTRATIVE AND TECHNICAL PROCEDURES FOR GRADING, EROSION & SEDIMENT CONTROL "GRADING MANUAL" Approved CITY OF TEMECULA GRADING MANUAL TABLE OF CONTENTS Subarticle Section Title Paqe Subarticle 1 GENERAL PROVISIONS 1.1 Authority.........................................................................................................1 1.2 Purpose..........................................................................................................1 1.3 Adoption and Revision...................................................................................1 Subarticle 2 (Intentionally left blank) Subarticle 3 GRADING APPLICATION REQUIREMENTS 3.1 Grading Application, Plans and Specifications..............................................2 3.2 Other Grading Plan Clearances.....................................................................3 3.3 Rough Grading Plan......................................................................................3 3.4 Precise Grading Plan.....................................................................................5 3.5 Single (Custom) Residential Lots...................................................................5 3.6 Geotechnical (Soils) Reports.........................................................................6 3.7 Other Data (Hydrology, Limits of Inundation, etc.).........................................8 3.8 Dust Prevention and Control Plan..................................................................8 3.9 Haul Route Plan.............................................................................................9 Subarticle 4 GRADING PERMIT REQUIREMENTS 4.1 Permit Issuance...........................................................................................11 4.2 Administrative Clearing Permits...................................................................11 4.3 Stockpile Permits.........................................................................................12 4.4 Disposal of Materials....................................................................................13 4.5 Final Reports................................................................................................13 4.6 Rock Blasting...............................................................................................13 Subarticle 5 GRADING DESIGN STANDARDS 5.1 Cuts..............................................................................................................15 5.2 Fills...............................................................................................................15 5.3 Berms...........................................................................................................17 5.4 Expansive Soils............................................................................................17 5.5 Retaining Walls............................................................................................18 5.6 Setbacks......................................................................................................18 FigureA Setbacks......................................................................................................19 5.7 Terracing and Drainage...............................................................................20 5.8 Pad Grading.................................................................................................21 5.9 Asphalt Concrete Pavement and Base Standards......................................22 5.10 Driveways.....................................................................................................23 Subarticle 6 EROSION AND SEDIMENT CONTROL 6.1 Erosion and Sediment Control Plans...........................................................24 6.2 BMP Implementation....................................................................................25 6.3 Temporary Site Vegetation..........................................................................26 Table 1 Long Term Erosion and Sediment Control Cover..................................26 6.4 NPDES Requirements.................................................................................28 Subarticle 7 GRADING INSPECTION 7.1 Site Inspections............................................................................................29 7.2 Excavation and Fill Inspection.....................................................................29 7.3 Concrete or Gunite Drainage Device Inspection.........................................29 7.4 Other Drainage Devices...............................................................................30 7.5 Paving Inspection.........................................................................................30 7.6 Rough Grade Certification...........................................................................31 7.7 Sediment Control Facilities..........................................................................31 7.8 Final Inspection............................................................................................31 Subarticle 8 COMPLETION OF WORK 8.1 Final Reports................................................................................................32 Subarticle 9 GRADING FEES and SECURITIES 9.1 Grading, Erosion and Sediment Control Plan Checking Fees.....................34 9.2 Grading Permit and Inspection Fees........................................................... 34 9.3 Grading Permit Renewal Fees.....................................................................34 9.4 Reinspection Fees.......................................................................................34 9.5 Grading, Erosion and Sediment Control Securities.....................................34 APPENDIX APPENDIX A Grading Plan Submittal & Permit Application..............................................36 APPENDIX B Security Agreement and Bond Forms..........................................................37 APPENDIX C Grading Plans/Subsurface Sewage Disposal System.................................38 APPENDIX D Review Under Earthquake Fault Zoning Act................................................39 APPENDIX E Standard Erosion and Sediment Control Notes...........................................40 APPENDIX F Standard Grading Notes..............................................................................41 APPENDIX G Agreement to Obtain Grading Permit for Lots on Dirt Roads ......................42 CITY OF TEMECULA ADMINISTRATIVE AND TECHNICAL PROCEDURES MANUAL FOR GRADING, EROSION AND SEDIMENT CONTROL SUBARTICLE 1. GENERAL PROVISIONS 1.1 AUTHORITY Section 18.01.040, "Grading Manual," of the City of Temecula Grading, Erosion and Sediment Control Ordinance (hereinafter referred to as the "Grading Ordinance") authorizes the Director of Public Works/City Engineer (hereinafter referred to as the "City Engineer") to formulate such rules, procedures and interpretations as may be necessary to administer the Grading Ordinance. Such rules, procedures, interpretations and amendments thereto shall be referred to as the "City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" (hereinafter referred to as the "Grading Manual") upon approval by the City Council. 1.2 PURPOSE The purpose of the Grading Manual is to assist users of the Grading Ordinance by supplementing it with detailed information regarding rules, procedures, interpretations, standard specifications, requirements, forms and other information applicable to control grading, excavation, land clearing and erosion and sediment control. The Subarticles in the Grading Manual are organized to follow the content of the Articles in the Grading Ordinance. Should any portion of the Grading Manual be found in conflict with the provision of the Grading Ordinance, the more restrictive provision shall apply. 1.3 ADOPTION AND REVISION The provisions of the Grading Manual, including revisions and additions thereto, shall be prepared by the City Engineer, and shall become effective upon being approved by the City Engineer. 3.1 SUBARTICLE 3. GRADING APPLICATION REQUIREMENTS GRADING APPLICATION, PLANS AND SPECIFICATIONS A grading permit application shall consist of the following items and forms completed and signed by the applicant or his representative unless otherwise specified by the City Engineer: A. Application Form. The following information is required on the application form: 1. Name, address and telephone number of the applicant, with date of application. 2. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the grading activities, and the respective tasks. 3. Name, address and telephone number of the person responsible for the preparation of the site map and grading plan, erosion- and sediment -control plan, geotechnical engineering, and engineering geology reports. 4. Names, addresses and telephone numbers of any and all persons responsible for archeological, paleontological, and/or other cultural resource investigations and reports. 5. Signature of the owners of the site, or of an authorized representative. 6. Name, address and telephone number of a person authorized to take corrective action in the event of an emergency. Note: The information listed In paragraphs (1) through (6) of subsection A of this section shall be kept current until the conclusion of the permitted activities. B. The completed application shall be submitted for review and approval along with the following items, completed and signed by the applicant or his representatives, unless otherwise waived by the City Engineer: 1. Itemized transmittal letter. 2. Grading plan (six (6) folded sets of prints). 3. Erosion and sediment control plan (six (6) folded sets of prints). 4. Preliminary Soils/Engineering Geologic Investigation Reports (three (3) bound sets). 5. Hydrology and Hydraulic Report (three (3) bound sets, if required). 6. Title Report (three (3) sets). 7. City Conditions of Approval, if associated with Development Application (three (3) sets). 8. Application Fees; Initial Plan Check Fees. 9. Letters of permission from the owners of any adjacent properties that are proposed to be graded on. 10. Dust Prevention and Control Plan. 11. Haul Route Plan for import or export of material, including source of borrow material or disposal site. 3.2 3.3 C. Grading and Erosion and sediment control Plan Requirements: 1. Information on Plans and Specifications: Plans submitted for approval shall be drawn to minimum scale of 1" = 40', ink on reproducible Mylar sheets measuring 24" x 36" and shall be of sufficient clarity to indicate the nature and extent of the work proposed. 2. The first sheet of each set of plans shall give the location of the work and the name and address and telephone number of the owner, the engineer of record, the project geotechnical engineer, engineering geologist, the person available on 24-hour call to provide erosion and sediment control installation and, when required, the project paleontologist and archaeologist. 3. Plan pages shall be oriented so that the "North Arrow" is specified at the top right side of each page. OTHER GRADING PLAN CLEARANCES A. Prior to issuance of a grading permit, written clearances or permits may be required from, but not limited to, the following agencies and/or City Departments: 1. California State or Regional Water Quality Control Board (401 Certification) 2. California Department of Fish and Game 3. Riverside County Flood Control and Water Conservation District 4. California Division of Industrial Safety 5. Temecula Fire District (fuel modification) 6. United States Army Corps of Engineers (404 Certification) 7. Riverside County Geologist (Seismic areas) 8. South Coast Air Quality Management District (Dust control) 9. U.S. Fish and Wildlife Service 10. Regional Water Quality Control Board (NPDES requirements) 11. Temecula Building Department (retaining walls) 12. Temecula Planning Department (Environmental clearances, as may be required, to implement the California Environmental Quality Act (CEQA); and any land use permits that may be required in accordance with the City's Development Code.) 13. Temecula Community Services Department (parks and perimeter landscaping) B. The applicant shall be responsible for submitting copies of the grading plans to the applicable divisions or agencies and obtaining all required clearances or permits associated with the grading project. C. Drainage Easements. For all drainage -ways where the functioning of the drainage - way is essential to the protection and use of multiple properties, a covenant and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainage -ways on the owner of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the permittee. Such easements shall be subject to approval of the City Engineer and City Attorney and recorded prior to issuance of the grading permit. ROUGH GRADING PLAN A. Six (6) sets of the grading plans shall be required and shall contain, but not be limited to, the following information: Existing and proposed topography of the site, taken at a maximum contour interval of two feet (2') so as to define the topography over the entire site. Ninety percent (90%) of the contours shall be plotted within one (1) contour interval of the true location. 2. A minimum of two (2) contour intervals that extend a minimum of fifty feet (50') off -site or sufficient to show on -and off -site drainage; 3. Site's property lines, shown in true location with respect to the plan's topographic information; 4. Location and graphic representation of all existing and proposed natural and man-made drainage facilities; 5. Detail (plan and section) of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as part of the proposed work, together with a map showing the drainage area and the calculated runoff of the area served by any drain, and the calculated carrying capacity of such drains; 6. Location and graphic representation of proposed excavations and fills, of onsite storage of soil and other earth material, and of on -site disposal; 7. Location of existing vegetation types and the location and type of vegetation to be left undisturbed; 8. Location of proposed final surface runoff, erosion and sediment control devices; 9. Estimated quantity of soils material, in cubic yards, to be excavated, filled, stored or otherwise utilized on site; 10. Outline of methods to be used in clearing vegetation and in storing or disposing of the cleared vegetative matter; 11. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners, which are within one hundred feet (100') of the property or which may be affected by the proposed grading operations; 12. North arrow, written and graphic scales 13. Location and type of easements within twenty feet (20') of the site boundary, together with the available information on the type and location of facilities they contain; 14. If the grading project includes the movement of soils material to or from the site, the permittee shall submit the haul route plan for review and approval by the City Engineer prior to the issuance of a grading permit. 15. Additional plans, drawings, calculations, environmental impact information, or other reports required by the City Engineer. 16. Erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways, 17. Location of any on -site or adjacent off -site public utilities (i.e. water, sewer, gas, power, telephone, CAN, etc.) 3.4 PRECISE GRADING PLAN A. The plans shall include the following in addition to the above items listed for Rough Grading Plans: 1. The footprint or allowable building area of all proposed structures (including appurtenances). 2. Setback distances between structures and top and toe of slopes. 3. Detailed finish grade and finish floor elevations. 4. Flow lines for lot drainage. 5. Details for building footing and side -yard swale relationship (including extra - height of footing). 6. All proposed concrete flatwork and/or driveways. 7. All disabled access requirements in accordance with Section 18.12.160 "Disabled Access" of the Grading Ordinance. B. The precise grading plan shall identify all previous rough grading plans issued for the project site. It may include sheets from the rough grading plan that show original topography in lieu of reproducing original contours on the precise plan. 3.5 SINGLE (CUSTOM) RESIDENTIAL LOTS A precise grading plan shall be submitted as part of the application for a building permit for all custom residential building sites. The precise grading plan shall include, but not be limited to: A. Existing contours and proposed grades. B. Pad and finished floor elevations; footprints of existing and proposed structures; and elevations of all existing and proposed structures. C. Location and dimensions of all proposed and existing public improvements and utility connections, septic tanks and leach fields (if applicable), easements, and rights -of -way. Include onsite and offsite improvements. D. Location of existing fire hydrants on both sides of the property. E. Existing topography including natural features to be preserved (i.e., rocks, trees, structures, water courses, streets, trails, slopes, wells, etc.) to at least fifty (50) feet from the perimeter of the subject property at a minimum of four -foot (4') intervals. F. Cross -sections at all property lines. G. Streets: typical cross -sections, improvements, utilities, rights -of -way. H. Label all slope rates (2:1 maximum). I. Limits of FEMA floodplain, floodway and floodwater surface elevations. 5 J. Drainage and flood control facilities (size and type). Delineate special hazard zones (i.e., earthquake faults, liquefaction, subsidence, etc.) K. Include all grading notes, erosion and sediment control notes, and relevant details, sections, etc. L. Proposed Fire Department vehicle access roads and/or turnarounds in compliance with California Fire Code (CFC) Section 902. 3.6 GEOTECHNICAL (SOILS) REPORTS A. Three (3) bound copies of each geotechnical report required in this section shall be submitted as part of the application for a grading permit. Each report shall contain all information applicable to the project, including specific geologic constraints that may affect grading and development of the site. B. Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit. Preliminary (Initial) Geotechnical Reoort: The preliminary geotechnical report shall be prepared subsequent to a subsurface. investigation of the site and shall include information and data regarding the nature, distribution and strength of existing soil and rock on the site, the physical properties of existing soils, slope stability analysis, fill/alluvial settlement analysis, liquefaction potential analysis, conclusions as to adequacy of the site for the proposed grading; recommendations for general and corrective grading procedures, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present, foundation and pavement design criteria, and shall provide other recommendations, as necessary, commensurate with the project grading and development. 2. Preliminary (Initial) Engineering Geology Report: a. Engineering geology reports shall be required for all developments where geologic conditions are considered to have a substantial effect on existing and/or future site stability. This includes grading on hillside sites where the height of cut slopes exceeds six (6) feet unless the requirement is waived by the City Engineer. This requirement may be extended to other sites suspected of being potentially adversely affected by faulting, fissuring, or differential settlement. b. The preliminary engineering geology report shall include a comprehensive description of the site topography and geology including a geology map; an opinion as to the adequacy of the proposed development from an engineering geologic standpoint, and opinion as to the extent that known or reasonably inferred instability on adjacent properties may adversely affect the project, a description of the nearest potentially active faults and their locations, a description of the field investigation and finds, conclusions regarding the effect of geologic conditions on the proposed development, and specific recommendations for plan modifications, corrective grading and/or special techniques and systems to facilitate a safe and stable development and shall provide other recommendations as necessary, commensurate with the project grading and development. The preliminary engineering geology report may be combined with the preliminary geotechnical engineering report. C. Erosion and Sediment Control Plan. An erosion and sediment control plan shall indicate proposed measures for the control of runoff, erosion and sediment movement. The erosion and sediment control plan shall emphasize erosion control with sediment control as a supplement to erosion prevention and shall include, at a minimum, the measures designed to meet the standards established in Subarticle 6 "Erosion and Sediment Control." Unless waived by the City Engineer, the erosion and sediment control plan for the site shall be approved prior to issuance of a grading permit. A copy of the approved erosion and control plan shall be maintained in an obvious and accessible location on the grading site. D. Work Schedule: The applicant shall submit a masterwork schedule showing the following information: Proposed grading schedule, A proposed schedule for installation of all interim and permanent erosion and sediment control measures, and 3. A proposed schedule for construction of final improvements. E. Seismicity Reports. Prior to issuance of a grading permit, all grading projects that lie within an earthquake fault zone shown on the maps prepared by the State Geologist pursuant to the Alquist- Priolo Earthquake Fault Zoning Act ("Act") shall submit the following information to the City Engineer for review by the County of Riverside Transportation and Land Management Agency/Planning Division (TLMA): 1. Four (4) wet signed copies of the site specific, geologic/fault hazard report. a. The report shall be issued by a geologist who is registered in the State of California; shall define and delineate any hazard of surface fault rupture; and shall be prepared in accordance with the requirements of the Act. b. The report shall include the appropriate site maps and assessor's parcel numbers for the applicable lot(s). C. A check or money order, payable to the Riverside County Planning Department for the current review fee charges by the County for Alquist Priolo report review. (Refer to Section I(a)(4) of the Review Under Earthquake Fault Zoning Act, identified in the Appendix of the Grading Manual.) 2. Upon filing of the above information and appropriate fees with the City Engineer, it shall be referred to the TLMA for review by a State Licensed Geologist. The County will work directly with the Registered Geologist who prepared the report, to obtain an acceptable report. Copies of the review/comment letters will be forwarded to the City Engineer. 3. Upon an acceptable report being obtained, the TLMA will prepare a letter that includes the conclusions and recommendations of the consultant's report, conditions of approval, and a statement indicating approval of the report. Copies of the final report and approval letter will be transmitted to the City Engineer and the California Division of Mines and Geology, in compliance with the Act. 3.7 OTHER DATA (HYDROLOGY. LIMITS OF INUNDATION, GROUNDWATER, ETC.) A. Unless waived by the City Engineer, the applicant shall submit hydrology and hydraulic calculations and drainage area maps to determine the quantity of runoff generated by or tributary to the site, and its effects on the site or upon upstream or downstream properties. Erosion and sediment transfer studies, and other supporting data may be required. B. Limits of inundation on the subject property during specified storm frequencies shall be delineated on the grading plan, along with the submittal of supporting calculations. C. The engineer of record responsible for the preparation of the plans shall certify that the building pads to be created through any proposed grading are free from inundation from runoff from specified storms and to provide floodplain elevations and widths, sheet flow depths, floodway elevations and widths, and any other data required by the City Engineer, or by any applicable County, State, or Federal flood protection insurance program or requirement. D. The engineer of record or applicant shall prepare and submit suitable studies and data regarding percolation and permeability characteristics of the soils and their suitability for the use of septic tanks and leach fields, groundwater hydrology studies, data, and tests regarding the quantity and quality of groundwater which can be produced from properties not served by City water system, and its adequacy for domestic and agricultural use and for fire protection E. Identify location of any public well. The Rancho California Water District may require a Source Water Assessment report that identifies mitigation measures for sub -surface septic systems. 3.8 DUST PREVENTION AND CONTROL PLAN A. A Dust Prevention and Control Plan shall be submitted in conjunction with a grading plan or other plan involving the movement or stockpiling of soil. The City Engineer may also require the submittal of a Dust Prevention and Control Plan for other development as deemed necessary. At a minimum, the following conditions concerning the Dust Prevention and Control Plan shall apply: 1. The plan shall demonstrate that fugitive dust emissions will be controlled twenty- four (24) hours a day, seven (7) days a week, whether or not there is current activity on the site. 2. The plan shall identify the name and phone number of the person responsible for ensuring the plan is implemented and who can be contacted in the event of a dust complaint after normal working hours. 3. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled depending on the particular site conditions and circumstances. Dust control measures shall include, but are not limited to, the application of water or dust palliatives; the installation of wind fencing; treatment of staging areas; and the establishment of performance standards for maintaining the site in a moist condition. 4. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with a chemical stabilizer, or plant materials and an irrigation system consistent with Section 18.15.060, "Erosion and Sediment Control Systems" of the Grading Ordinance. 5. If the importing or exporting of soil is necessary as demonstrated by the cut and fill quantities on the grading plan, the dust control plan shall include procedures for the control of dust resulting from the loading or transportation of soil from, to, or within the project site, and on public roadways. B. SCAQMD Review. All projects with more than one hundred (100) acres of disturbed surfaces at any given time, and/or projects which move more than ten thousand (10,000) cubic yards of soil on at least three (3) days per year, MUST submit a dust control plan to South Coast Air Quality Management District (SCAQMD) for review and approval. In such instances, the applicant shall obtain SCAQMD approval of the dust control plan prior to issuance of a grading permit by the City. 3.9 HAUL ROUTE PLAN Where soils material is moved on public roadways from or to the site of an earth grading operation, the following requirements shall apply: A. Prior to issuance of a grading permit, the haul route shall be approved by the City Engineer. Deviation from this designated haul route shall constitute a violation of the conditions of the permit issued under the provisions of the Grading Ordinance. B. At least twenty-four (24) hours before hauling is to commence, the applicant shall notify the City Engineer. C. In lieu of covering hauled loads, haul vehicles will comply with the freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. D. The permittee shall be responsible for maintaining public rights -of -way used for hauling purposes in a condition free of dust, earth material or debris, attributed to the grading operation. E. Dust control measures, consistent with the provisions of Subarticle 3.8 of the Grading Manual, shall be implemented. F. Loading and transportation of soils material from or to the site shall be accomplished within the limitations established in Section 18.09.200, "Time of Operations," of the Grading Ordinance. G. Access roads to the site shall be only at points designated on the approved grading plan. H. The last fifty -feet (50') of access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent (3%) and be constructed of gravel or equivalent material to prevent mud and debris from dropping from wheels onto street travel lanes. Mud Plates, Shaker Plates and/or additional equipment shall be required at the City inspectors discretion. There must be three hundred feet (300') clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred feet (300') sight distance cannot be obtained, flagmen shall be posted. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway. Advance warning signs shall be posted on the public roadway four hundred feet (400') on either side of the access intersection, carrying the words "Truck Crossing." The signs shall be diamond shaped with an orange background; each side being thirty inches (30") in length with black letters five inches (5") in height. The sign shall be placed six feet (6') from the edge of the pavement, and the base of the sign shall be five feet (5') above the pavement level. Signs may be higher in areas conflicting with pedestrian, bicycle or equestrian traffic and shall be covered or removed when the access is not in use. K. The permit shall specify other conditions, including the posting of a cash bond, which may be determined necessary by the City Engineer, to minimize disruption of normal traffic activities and public inconvenience, and to prevent or minimize damage to public or pdvate streets or improvements. L. Protection of public utilities. 10 SUBARTICLE 4. GRADING PERMIT REQUIREMENTS 4.1 PERMIT ISSUANCE For subdivisions, a rough grading permit may be issued after the approval of a Tentative Tract or Parcel Map. Grading permits subject to the above subdivision requirements shall not be issued prior to approval of the Tentative Map unless approved by the City Engineer. 4.2 ADMINISTRATIVE CLEARING PERMITS An administrative clearing permit shall not be issued until all of the following have occurred to the satisfaction of the City Engineer: A. For development related clearing, where the proposed clearing and grubbing is in anticipation of, or pursuant to, development of the affected property, the following shall be accomplished: 1. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." 2. All applicable discretionary approvals for development of the land shall have been issued, and 3. All required environmental mitigation measures shall have been implemented, and 4. All required dust control measures shall have been implemented in accordance with Subarticle 3.8. 5. All applicable fees and deposits shall have been paid, and 6. A satisfactory clearing plan shall have been approved, and 7. An erosion and sediment control plan shall have been approved and security posted to assure implementation. 8. Any clearing done pursuant to this section shall conform to the location, extent and purpose authorized explicitly by the applicable approvals for development of land. B. For non -development clearing in all other instances where development is not anticipated, the following shall be accomplished: 1. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." 2. A clearing plan showing the location of existing natural vegetation, locations of all existing buildings or structures on the property and the specific area to be cleared shall have been approved. 3. Photographs of the site and surrounding properties that clearly indicate existing conditions and vegetation shall be submitted. 11 4.3 4. All required dust control measures shall have been implemented in conformance with Subarticle 3.8, "Dust Prevention and Control Plan." 5. A biological report or other documentation which indicates the quantity and quality of existing vegetation as potentially suitable habitat for sensitive species, and any potential impacts on the suitability of remaining habitat on site and adjacent properties shall be submitted and approved by the Director of Planning (on disturbed sites, this report may be required to recommend revegetation with native plants). 6. All required environmental mitigation measures shall have been implemented as may be required by previously adopted environmental studies. 7. An erosion and sediment control plan shall have been approved and cash security posted to assure implementation. 8. An archaeological resources report that indicates the location of sensitive resources, as determined by a qualified archaeologist or paleontologist, shall have been submitted and approved. STOCKPILE PERMITS A stockpile permit is subject to the following conditions: A. Environmental review and approval by the City Planning Department in order to comply with the California Environmental Quality Act (CEQA). B. Approval by the City Council in accordance with Section 18.09.120(C), "Types of Permits" of the Grading Ordinance. C. Completion of a grading application in accordance with Subarticle 3.1, "Grading Application, Plans and Specifications." D. A site plan must be prepared by a registered civil engineer showing quantity, height, location, haul route, and method of stockpiling. E. A certification shall be required on stockpiled soil by a soils engineer for the acceptability of the soil prior to trucking to the site. F. An erosion and sediment control plan must be prepared by a registered civil engineer. G. A Dust Prevention and Control Plan in accordance with Subarticle 3.8, "Dust Prevention and Control Plan" H. The implementation of an effective combination of erosion and sediment controls is required between October 1" to April 3e in accordance with the erosion and sediment control requirements identified in Subarticle 6. Runoff from stockpiled areas shall be controlled to prevent erosion or resultant sedimentation of receiving waters. I. Stockpiled soil shall not be placed below the high-water rim of any surface water bodies, within the 100-year floodplain of any surface streams or creeks, or in any other location from which it would be susceptible to erosion into the receiving water. J. The permit costs shall be based on the quantity of the soils material. The soil shall be removed from the site or compacted and graded thereon under a subsequently issued 12 rough or precise grading permit within six (6) months of issuance of a stockpile permit, unless modified by the City Council. 4.4 DISPOSAL OF MATERIALS The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of Temecula Municipal Code, Title 8, Chapter 8.20, Waste Management. A. Waste materials, debris, vegetation and other rubbish shall be disposed of at a City approved off -site disposal site and/or recycling center. B. All concrete, asphalt, aggregate or sand base material, cement block, trees shrubs, bushes, and all other recyclable material generated during cleaning, demolition, clearing and grubbing or other phases of work shall be disposed of at City -approved recycling centers. C. The permittee may contract with the City's Franchisee for solid waste removal and recycling services. 1. The pemittee may use the services of another vendor provided that the recyclable materials are either donated or sold to the vendor. Under no circumstances may a vendor, other than the Franchisee, charge the permittee for recycling bin rental, recycling services, consultation, or any other service related to the recycling or solid waste disposal. 2. Unless the permittee is using the Franchisee for recycling services, the permittee shall supply proof of disposal of material at a City -approved recycling center, including verification of tonnage by certified weighmaster tickets. If weighmaster tickets are not available, the permittee and the City Engineer shall agree on the estimate of tonnage prior to disposal at the recycling center. D. Questions regarding the removal of construction waste or recyclable materials should be directed to the City of Temecula Community Services District at (909) 694-6480. 4.5 FINAL REPORTS Rough grade and final soil and engineering geology reports shall be submitted in accordance with Subarticle 8.1, "Final Reports." 4.6 ROCK BLASTING No rock blasting shall be permitted until a preblast survey of the surrounding property is conducted to the satisfaction of the City Engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the City Engineer. All blasting shall conform to the requirements of the City Engineer. A. The contractor shall prepare a site plan, to scale, showing where the blasting will occur and all the buildings and utilities within five hundred feet. B. A preblast survey of all buildings and all public utilities within three hundred feet (300) will automatically be required. Other structures within five hundred feet (500') should be surveyed, if they are more than fifteen (15) years old and/or sensitive, such as historical 13 buildings. The preblast surveys shall be submitted with the permit application. Alternately, a letter from an authorized survey service may be submitted with a scale drawing showing distances to all structures to be surveyed prior to the blast. C. A seismic monitor shall be located adjacent to the closest building or most sensitive building. The seismic recording shall be submitted to the project inspector as soon as they are available. D. Ground accelerations shall be limited to one foot (1') per second per second (fpss) in the area of new construction, and one-half (0.5) fpss around older or sensitive buildings. E. The blasting contractor shall provide written notification to all residents within five hundred feet (500') of the blast area. At a minimum, the notice is to be in the form of a door -hanger stating the approximate time the blast or blasts will occur. The notices are to be in place at least forty-eight (48) hours prior to blasting. F. The applicant shall pay an appropriate administrative fee for processing of each blasting permit. 14 SUBARTICLE 5. GRADING DESIGN STANDARDS 5.1 CUTS A. Degree of Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, but in no case shall it be steeper than two horizontal to one vertical (2:1). No slopes shall exceed thirty feet (30) in vertical height without a terrace, except under the following conditions: 1. The project applicant (property owner) provides a geotechnical engineer's report and/or and engineering geologist's report stating that the project site has been investigated and specifically recommends that a cut slope at a steeper angle will be stable and not create a hazard to public or private property, or environmental considerations dictate otherwise; and 2. The City Engineer approves such recommendation. The City Engineer may require specific recommendations from the geotechnical engineer and/or engineering geologist to support any such recommended deviations; and approve the recommendation as submitted, approve the recommendation subject to specified conditions, or deny the recommendation. 5.2 FILLS A. Fill Location. The toe of the fill shall be no closer than twelve feet (12') horizontally to the top of an existing or planned cut slope. The area beyond the toe of the fill shall be sloped for sheet overflow or a protected drain shall be provided. B. Degree of Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use, but in no case shall it be steeper than two horizontal to one vertical (2:1). C. Rounding of Slopes. Fill slopes shall be rounded off so as to blend with the natural terrain. D Temporary Slopes. Exceptions to the above may be made for temporary slopes upon written request at the discretion of the City Engineer where the public health, safety, or welfare is not threatened. For purposes of this Grading Manual, a "temporary slope" refers to a slope that would be removed or reconstructed within a twenty-four (24) month period. E. Preoaration of Ground. The ground surface shall be prepared to receive fill by removing vegetation, non- complying fill, topsoil and other unsuitable materials, and by scarifying to provide a bond with the new fill. Where existing slopes exceed five feet (6) in height and/or are steeper than five horizontal to one vertical (5:1), the ground shall be prepared by benching into sound bedrock or other soils material as determined by the geotechnical engineer and approved by the City Engineer. The lowermost bench or keyway beneath the toe of a fill slope shall be a minimum fifteen feet (16) in width. The ground surface below the toe of fill shall be prepared for sheet flow runoff. 2. Where fill is to be placed over a cut slope, the bench under the toe of the fill shall be at least fifteen feet (15') wide and shall meet the approval of the geotechnical engineer and/or engineering geologist as a suitable foundation for fill. 15 Fill Material Only soils material free from tree stumps, organic matter, trash, garbage, sod, peat and similar matter shall be permitted. Exceotion: Rocks larger than six inches (6") in greatest dimension shall not be used unless the method of placement is properly devised, continuously inspected and supervised by the geotechnical engineer. In addition, the following shall also apply: 1. Prior to issuance of a grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rocks sized greater than six inches (6") in greatest dimension shall be ten feet (10') or more below grade, measured vertically, or as recommended by the geotechnical engineer or engineering geologist. 3. Rocks shall be placed so as to assure filling of all voids with fines. Note: When the design of the development or covenants and restrictions clearly provide irrevocable assurance that no structure or utilities will be placed on precisely definable areas, these burial depths may be reduced with the approval of the City Engineer. G. Compaction. 1. All fill shall be compacted to a minimum of ninety percent (90%) of maximum density as determined by the most current California Building Code Standards, or equivalent, as approved by the City Engineer. 2. Locations of field density tests shall be determined by the soil engineer or approved testing agency and shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed. Testing in areas of a critical nature or special emphasis shall be in addition to the normal representative samplings. Field density shall be determined in accordance with the most current California Building Code Standards, or equivalent, as determined by the City Engineer. 3. Exceptions: a. Where lower density and very high potential expansion characteristics as defined by the most current California Building Code exist, lesser compaction may be granted by the City Engineer upon justification and recommendation by the geotechnical engineer. 4. Fill slopes shall be compacted to the finish slope face as specified in sub- paragraph G (1) of this Section. The soil engineer shall provide specifications for the method of placement and compaction of the soil within the zone of the slope face. Sufficient maximum density by test methods set forth in the most current California Building Code, or an equivalent method approved by the City Engineer, shall be performed during the grading operations to verify that the maximum density curves used are representative of the soils material placed throughout the fill. 16 5.3 I,I H. Buttress/Stabilization Fills. Recommendations for buttress fills or stabilization fills by the geotechnical engineer shall be accompanied by a report setting forth the soil or geologic factors necessitating the buttress/stabilization fill, stability calculations based on both static and pseudostatic conditions, (pseudostatic loads need not normally be analyzed when bedding planes are flatter than twelve degrees from the horizontal) laboratory test data upon which the calculations are based, a copy of the approved grading plan showing the location of the buttress/stabilization fill, a scaled section of the buttress/stabilization, and recommendations with details of subdrain requirements. Utility Line Backfills. 1. Backfill for on -site utility line trenches such as water, sewer, gas, and electrical services shall be compacted and tested in accordance with sub -paragraph G (1) of this Section. Alternate materials and methods may be used for utility line backfill, provided that the material specification and method of placement are recommended by the geotechnical engineer and approved by the City Engineer prior to backfilling. 2. The final utility line backfill report from the project geotechnical engineer shall include a statement of compliance by the geotechnical engineer that the tested backfill is suitable for the intended use. BERMS Unless waived by the City Engineer, a compacted berm shall be constructed at the top of all slopes steeper than five to one (5:1) and greater than two feet (2') in vertical length. The berm shall conform the slope and shall be a minimum of six inches (6") high and one foot (V) wide. EXPANSIVE SOILS A. Tests for expansive soils shall be performed on soils within four feet (4) of the finish grade of any area intended or designed as a location for a building. Whenever expansive soils are encountered: The permittee shall cause such expansive soil to be removed to a minimum depth of four feet (4') below finish grade and replaced with properly compacted, nonexpansive soil; or 2. The geotechnical engineer may recommend a modification to the requirement for removal and replacement of the expansive soils. B. In general, at the discretion of the geotechnical engineer, expansive soil from cut areas shall be placed in the lower extremities of embankments, and non -expansive materials shall be reserved, stockpiled, or otherwise handled so that they may be placed as a cap over expansive soils. C. Expansive soils that cannot be disposed of on -site, as described above, shall be disposed of off -site by either: Disposal outside the City limits in accordance with Subarticle 4.4, "Disposal of Materials." 17 2. Disposal at another location within the City, provided said location is covered by a grading permit or stockpile permit and the expansive soils can be disposed of at said location with the written approval of the owner and geotechnical engineer. 5.5 RETAINING WALLS A. Retaining walls shall be specified by referencing a current City -adopted standard design with clear notation on the plans of specific wall heights, dimensions, reinforcement options, exception, and modifications. All exceptions and modifications shall be justified by the civil engineer to the satisfaction of the Temecula Department of Building and Safety. B. Retaining wall designs shall be performed by a registered structural engineer or a registered civil engineer competent in structural calculations. Complete structural calculations shall be provided to the Temecula Department of Building and Safety for review and approval, and determination if a building permit is required. C. Cross -sectional views of all retaining walls shall be provided on the grading plan. D. Where a driveway, roadway, or parking area is within five feet (S) of the top of a retaining wall, a vehicle guardrail shall be constructed to the specifications approved by the Department of Building and Safety. E. The grading plan shall clearly indicate which walls are to be constructed and inspected under the authority of a building permit after rough grade approval. Any temporary slopes shall be clearly shown on the plan. 5.6 SETBACKS A. General. The setbacks and other restrictions specified by this Grading Manual are minimum and may be increased by the City Engineer or by the recommendation of a civil or geotechnical engineer, if necessary for safety and stability, to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the City Engineer. 1. Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) and structures shall be provided in accordance with Figure A set out in this Section. b. The tops and toes of slopes shall be set back from the outer boundaries of the permit area, including slope rights areas and easements, and from structures in accordance with Figure A, "Setbacks" of this section. Lot lines shall be located at the top of slopes, including berms, wherever practicable. C. Where the requirements of the California Building Code or Title 17, "Zoning" of the Temecula Municipal Code exceed the minimum setbacks specified herein, the more restrictive setback provisions shall apply. B. Earthquake Fault Zones. All projects that lie within an earthquake fault zone, as identified in Subarticle 3.6, "Seismicity Reports" shall comply with the setback requirements established in accordance with the Alquist-Priolo Earthquake Fault Zoning Act. 18 FIGURE A SETBACKS Min. Setback From Adjacent 31"e ^� a b c d e 0<6 3' 7' 3' S' 1' 6-14 V 7 H 2 " in. H/5 14-30 5' H/2 H/5 +30 5' 10' 15' 10' 6' Table A PA NOTES: HOW Fret Max. Hw Setback f 0-6 3' 3'min. 6-12 H/2 H/2 /2— +30 6' 15' 1. PA means permit area boundary and/or property line; MFD means manufactured slope. 2. Setbacks shall also comply with the Development Code. 3. Table A applies to manufactured slopes 2:1 or steeper natural slopes. Setbacks from natural slopes flatter than 2:1 shall meet the approval of the City Engineer. 4. "b" may be reduced to five feet (6) minimum if an approved drainage device is used; roof gutters and downspouts may be required. 5. "b" may be reduced to less than five feet (5) if no drainage is carried on this side and if roof gutters are included. 6. If the slope between "a" and "b" levels is replaced by a retaining wall, "a" may be reduced to zero and "b" remains as shown in Table A. The height of the retaining wall shall be controlled by the City of Temecula Development Code standards. 7. "b" is measured from the face of the structure to the top of the slope. 8. "d" is measured from the lower outside edge of the footing along a horizontal line to the face of the slope. Under special circumstances "d" may be reduced as recommended in the approved soil report and approved by the City Engineer. 9. The use of retaining walls to reduce setbacks (Figure B) shall be approved by the City Engineer. 10. "f" may be reduced if the slope is composed of sound rock that is not likely to produce detritus and is recommended by the soil engineer or engineering geologist and approved by the City Engineer. it. "a" and "e" shall be two feet (2) when PA coincides with Arterial or local street right-of-way and when improved sidewalk is adjacent to right-of-way. 12. "e" shall be increased as necessary for interceptor drains 19 5.7 TERRACING AND DRAINAGE A. Terraces. Slopes greater than thirty (30) feet in height require terraces at least six feet (6') in width established at not more than thirty foot (30') vertical intervals on all cut or fill slopes to control surface drainage and debris [except where only one (1) terrace is required, which shall be at mid -height.] For cut or fill slopes greater than sixty feet (60') and up to ninety feet (90') in vertical height, one terrace at approximately mid -height shall be twelve feet (12') in width. Terrace widths and spacing for cut and fill slopes greater than ninety feet (90') in vertical height shall be designed by a professional engineer and approved by the City Engineer. Suitable access shall be provided to allow for cleaning and maintenance. B. Terrace Drains. Terrace drains shall be constructed on all terraces, using concrete with suitable reinforcement, with a minimum gradient of three percent (3%) and shall be paved with reinforced concrete, or approved equal, not less than three inches (3") in thickness. Construction of the drains shall be such that concrete is a minimum of one-half inch ('/:") below (and a maximum of four inches (4") below) the surface elevation of the adjacent grade. The terrace drain shall have a minimum depth at the deepest point of one foot (1') and minimum width of three feet (3') (measured across the top) and shall be designed to accommodate the runoff intercepted. 2. Unless otherwise approved by the City Engineer, a single run of terrace drain shall not collect more than 13,500 square feet (projected) of drainage area without discharging into a down drain or other approved collection device. Splash walls, velocity reducers, flow spreaders and other structures shall be provided to the satisfaction of the City Engineer. All down drains shall be constructed of concrete with suitable reinforcement and shall equal the cross - sectional area of the terrace drain or be a pipe of approved material and of twelve inches (12") minimum diameter. 3. Construction of the terrace drains shall be as described for gutters and down drains herein, and shall be located on the terraces with one (1) side of the ditch at least two feet (2') from the toe of slope. C. Interceptor Drains. Concrete interceptor drains shall be installed along the top of all manufactured slopes where the tributary drainage area Flows toward the slope and has a drainage path to top of slope greater than forty feet (40') measured horizontally. Interceptor drains shall be paved with a minimum of three inches (3") of reinforced concrete. They shall be designed to contain the 100-year flow and have a minimum depth of eighteen inches (18") and a minimum paved width of thirty-six inches (36") measured horizontally across the drain. The slope of the drain shall be approved by the City Engineer. D. Subsurface Drainage 1. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability, and as recommended by the geotechnical engineer, geologist, and/or engineering geologist. 2. All canyons and buttress fills shall be provided with sub drains approved by the City Engineer. 20 5.8 Pad Grading A. Storm Water Runoff. Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five to one (5:1). Such runoff shall be provided for as follows: Each lot shall be graded so that storm water will drain from the back and through the side yard and front yard with a grade of one percent (1 %) minimum directly to an abutting street or approved drainage facility, without flowing across other lots or cut and fill slopes. Pads shall be rough graded to a minimum slope of one and one-half percent (1 '/z %) to insure that finished grading provides one percent (1%) minimum slope on swales. Where the velocity of the flow is found to be erosive, an improved drainage device shall be required. 2. When the above is not possible, as determined by the City Engineer, storm water shall be collected along the top of banks or at the rear of the graded lots by means of improved gutters, interceptor drains five feet (5') from the structure, or in area drains and carried to properly sized outfalls or devices which shall not be allowed to drain across the surface of sidewalks. 3. Area drains shall be sized by engineer's hydraulic calculations and in every case shall be a minimum of six inches (6") in diameter and constructed of solid wall pipe (not corrugated). Minimum slope shall be two percent (2%) and cleanouts shall be provided every one hundred feet (100') and at angle points and junctions in the system. An alternative overflow shall be designed and constructed to insure the safety of the structure and adjacent properties in the event of drain blockage. 4. All foundations shall be designated and installed to produce a finished floor elevation a minimum of six inches (6") above surrounding grade. 5. No landscape area shall allow ponding of water within five feet (5) of any structure. Irrigation and rain runoff shall not be designed to overflow sidewalks or patio areas. a. Catch basins and area drains shall be installed in all landscape areas adjacent to structures and bounded by hardscape areas within five feet (6) of the structure. Catch basins in these areas shall be provided at a minimum of every ten feet (10') measured longitudinally along the face of the structure. B. Finished Grading. Unless otherwise approved by the City Engineer, finished grading shall slope away from the perimeter of the building toward the pad swale (that goes around the building) at a slope of two percent (2%) for a minimum of five feet (6). This requirement shall also apply to all flatwork and landscaped areas adjacent to the structure. The discharge from any down drain, ditch, or pipe shall be controlled so as to prevent the erosion of the adjacent grounds and installed a minimum of five feet (6) beyond any structure at the top or toe of the slope. Velocities shall be reduced by means of adequately sized aprons of rock, grouted riprap, or box - type energy dissipaters. Riprap sizing shall be designed based upon flow velocities and riprap shall be placed in a manner so as not to create other erosion problems and in conformance with Greenbook standards. 21 2. Surface drainage shall not be carried across a lot or parcel within three feet (3') of a structure without the use of an approved drainage structure. 3. Roof gutter downspouts shall be discharged to five feet (5') beyond the structure and to landscape areas where practicable. Roof gutters shall not be tied into sanitary sewer systems. 5.9 ASPHALT CONCRETE PAVEMENT AND BASE STANDARDS A. Requirements. For the purpose of this section, asphalt concrete (A.C.), aggregate base (A.B.), prime coat, tack coat and seal coat shall meet the current standards of the City for road construction and/or the approval of the City Engineer. B. Cost Estimates: Asphalt concrete is classified as a secondary drainage device when used for roadway and parking lot surfacing and other similar uses. Accordingly, the cost of all paving, with the exception of single-family driveways, shall be included in the engineer's cost estimate. C. Subgrade Compaction: Subgrade soils material shall be compacted to a minimum of twelve inches (12") in depth and shall comply with all other requirements of this division. D. Soil Sterilization: Unless otherwise approved by the City Engineer, subgrade soils material shall be sterilized to preclude plant growth. E. Pavement Structural Section. The project geotechnical engineer, or design civil engineer, shall recommend a pavement structural section(s) for parking lots/service roads, private streets, and dedicated streets for all developments based on: 1. Soils test of the subgrade soil(s) performed in accordance with the latest revision of ASTM Standards; and 2. Anticipated traffic and/or loading conditions. Design shall be in accordance with the Caltrans Highway Design Manual, as amended. The structural sections shall be not less than the minimum standards established by the City. Minimum traffic index for pavement design shall be six (6). 3. All adjoining pavement edges shall be saw cut for butt joints or ground with a minimum of one and one-half inches (1.5") for an asphalt overlay. No feathering is allowed. 4. Minimum overlay depth shall be one and one-half inches (1.5"). 5. A minimum slope of two percent (2%) shall be utilized on all asphalt pavement sections including parking lots. Concrete drainage structures placed at less than one percent (1 %) slope shall have grade stakes set by the engineer of work at no greater than twenty foot (20') intervals. 6. Maximum gradient for parking stalls shall be eight percent (8%). 7. Maximum gradient for parking lots shall be eight percent (8%) for every twenty horizontal feet (20'). 22 5.10 DRIVEWAYS A. Whenever access is taken from a street, alley or driveway to an off-street parking area serving four (4) or less dwelling units, the driveway or other vehicular access way shall have a maximum grade of fifteen percent (+15%) or minus six percent (-6%) measured from the street, alley or driveway grade along the driveway center line, for a distance of not less than eighteen feet (18') from the street, alley or driveway right-of-way line or minimum distance and grade as established by the Temecula Fire Department. B. Whenever access is taken from a street, alley or driveway to an off-street parking area serving industrial, commercial or professional uses, public or community facilities, or five (5) or more dwelling units, the driveway or other vehicular access way shall have a maximum grade of fifteen percent (+15%) or minus two percent (-2%) measured from the street, alley or driveway grade along the driveway center line, for a distance of not less than eighteen feet (18') from the street, alley or driveway right-of-way line or minimum distance and grade as established by the Temecula Fire Department. Note: Required driveway improvements must be completed prior to issuance of a certificate of occupancy. 23 SUBARTICLE 6. EROSION AND SEDIMENT CONTROL 6.1 EROSION AND SEDIMENT CONTROL PLANS Prior to issuance of a grading permit, plans for erosion and sediment control shall be prepared and submitted for review and approval to the City Engineer. The erosion and sediment control plans shall include, but not be limited to, the following information: A. Pre -Construction drawing(s) that illustrate at least the following: 1. Existing topography with contour intervals. 2. Existing drainage basins. 3. Existing runoff patterns. 4. Location and nature of existing sensitive areas (i.e., wetlands, creeks) 5. Proposed temporary desilting facilities and erosion and sediment controls necessary to protect adjacent properties from sediment deposition. 6. General location of where structural BMP's are to be installed. 7. General location of where nonstructural BMP's for erosion and sediment control are to be installed while construction activities occur. 8. Construction time schedule. 9. Inspection and maintenance requirements. B. Post -Construction drawing(s) that illustrate al least the following: 1. Proposed topography with contour intervals. 2. Proposed drainage patterns. 3. Proposed runoff patterns. 4. Disturbed lands where erosion and sediment control methods are to be installed. 5. Detailed information on erosion and sediment control measures (including vegetation establishment specifications, quantity, and cost estimates). 6. Post -construction BMP inspection and maintenance requirements. C. If agreed upon by the City Engineer, the Pre -Construction and Post -Construction plans can be combined into one set of drawings. However, existing features shall be printed in faded dash lines and new features in solid lines. D. All drawings shall have a maximum scale of 1-inch equal to 100-feet, ink on reproducible mylar sheets measuring 24-inches by 36-inches. E. The erosion and sediment control standard notes including the name, address, and a 24- hour phone number of the person responsible for installing and maintaining the erosion and sediment control system and performing emergency erosion and sediment control work; F. The name, address and signature of the civil engineer or person who prepared the plan; G. The streets, easements, drains, and other improvements, which will exist as of October 1 St. H. The placement and location of sediment control measures including spacing, alignment, and typical detail and slope planting or other measures to control erosion from all disturbed portions of the property in accordance with Section 18.15.060, "Erosion and Sediment Control Systems" of the Grading Ordinance. 24 Access routes to all such erosion and sediment control facilities and how access shall be maintained during inclement weather. All State and Federal erosion and sediment control requirements shall be met. K. All erosion and sediment control plans are a first "appraisal" of what may be necessary to minimize the discharge of sediment from a construction site. Consequently, modification and updates to approved plans are expected to occur that ensures effective control of sediment and erosion. The City of Temecula reserves the right to require updates, deletions, and other modifications to the plans. 6.2 BMP IMPLEMENTATION A. Permittee shall implement Best Management Practices (BMPs) that ensure the following at all construction sites: 1. Erosion prevention; 2. Minimum grading activities during the rainy season; 3. Slope stabilization; 4. Phased grading; 5. Revegetation as early as feasible; 6. Preservation of natural hydrologic features; 7. Preservation of riparian buffers and corridors; 8. Maintenance of all source control and treatment control of BMPs; and 9. Retention and proper management of sediment and other construction pollutants on site. B. Temporary and/or permanent erosion devices shall include, but are not limited to mulching, seeding, soil binders, turf reinforcement mats, blankets, temporary and/or permanent vegetation, or other devices or methods as approved by the City Engineer. Jute netting shall not be utilized as a stand-alone erosion control method. Temporary erosion controls are required on all slopes over 3' in height between October 15' and April 30"' unless 70% vegetative cover has been established. C. For prolonged periods of inactivity, erosion control shall include protection of all slopes in excess of three feet (3') in accordance with this Manual and Section 18.15.080, "Temporary Site Vegetation — When Required" of the Grading Ordinance, unless otherwise approved by the City Engineer. Slopes may require an adequate sprinkler system to be installed. Vegetation shall be installed, fully germinated, and shall cover the required slopes prior to October 1s' of each year. D. Temporary and/or permanent sediment control devices shall include, but are not limited to, desilting basins, check dams, chevrons, cribbing, riprap, gravel and/or sand bags, fiber rolls, earth berms, filter cloth, silt fences, stabilized construction entrances or other devices or methods as approved by the City Engineer. E. Desilting basins, if applicable, shall be constructed prior to grading operations and compacted to ninety percent (90%) of maximum density. A spillway constructed of erosion resistant materials (i.e. plastic, PCC) shall be installed for overflow, as designed by the Engineer of Record. A geotechnical engineer's report, which includes the type of field-testing performed, location and results of the testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. Desilting basins shall be provided adjacent to drainage inlets and/or outlets located throughout the graded site or constructed around the perimeter of projects, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a 25 period of time adequate to allow reasonable settlement of suspended particles. Grading cost estimates shall include maintenance and ultimate removal costs for temporary desilting basins. G. The erosion and sediment control provisions shall take into account drainage patterns during the current and future phases of grading throughout the rainy season and shall include, but not be limited to, directing drainage away from the edge of top of slopes. H. Paved streets, sidewalks and other improvements shall be protected from pollutant discharge and be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering to clean the streets is prohibited. 6.3 TEMPORARY SITE VEGETATION A. General Requirements. Pursuant to Section 18.15.080, "Temporary Site Vegetation — When Required", of the Grading Ordinance, all cut and fill slopes requiring erosion control shall be vegetated with drought tolerant grass or ground cover in order to protect the slopes from erosion and instability. 1. Slopes exceeding three feet (3) in vertical height shall be planted with long-term drought -tolerant groundcover, with species, sizes and spacing per Table 1, below. The plants selected and methods used shall be suitable for the soil and climatic conditions found on the site according to their water needs. Plant materials and planting patterns may be varied upon the recommendation of a landscape architect with approval of the City. TABLE 1 LONG TERM EROSION AND SEDIMENT CONTROL GROUND COVER Plant Size Maximum Spacing Baccharis species Flats 12" on center Delos erma>Alba=-White Trailing Ice Plant Flats 12" on center Drosanthemum s ecis — Ice Plant Flats 12" on center Lam ranthus s ecis — Ice Plant Flats 12" on center Lonicera japonica — Honeysuckle Flats 12" on center M o orum parvifolium -M o orum Flats 12" on center B. Erosion and sediment control — Landscape and Irrigation Plan Requirements. Landscape plans shall be submitted for all slopes exceeding three feet high. A landscape plan shall include: a. A slope planting schedule that provides common and scientific names and specifications of all plants, including the names of all species, number and size of each tree and shrub and the spacing of plants. b. The location of the planting. C. Details necessary to complete the project including scope of work, materials to be used (seed mixtures, plant species listed by size, 26 quantity, fertilizer used and rate of application), construction methods, maintenance and timetable for project completion. Irrigation Plan Requirements. a. Except where approved by the City, slopes required to be planted shall be provided with an approved automatic system of irrigation designed to cover all portions of the slope and shall indicate the extent of the work proposed. Care shall be taken to minimize runoff. Turf areas shall be irrigated separately from slope areas. Specifications for proposed devices, size and type of pipe, flow and precipitation rates are to be included on the erosion and sediment control landscape plan. b. Irrigation systems shall provide minimum head to head coverage. Provide overlap as required to allow for seasonal high winds and heat. C. Provide separate valves for sprinklers/rotor where located with more than 7' of vertical change. d. Provide check valves as required to eliminate low head drainage. e. Irrigation systems may be located above grade except where adjacent to vehicular or pedestrian traffic where they shall be located below grade. f. An approved backflow prevention device shall be installed in each irrigation system that conforms to Chapter 10 of the Uniform Building Code. Prior to City approval, any reclaimed water irrigation systems are subject to approval by the State Water Quality Control Board. g. All irrigation is to be designed per the requirements of Municipal Code Chapter 17.32, Water Efficient Landscape. C. Planting Method. Minimum requirements shall include, but not be limited to: Planting holes for all plants shall encourage deep percolation of irrigation. Mulch shall be applied to the surface area to minimize evaporation. 2. Long term ground cover shall be spaced so as to achieve one hundred percent (100%) coverage of the slope in as short a time as possible. 3. The finish grade and drainage shall promote healthy plant growth and minimize erosion and runoff. D. All vegetation planted in accordance with this section shall be maintained in a healthy, vigorous condition. Slopes affected by the future installation of walls, fences, swimming pools or any other buildings shall be properly replanted upon completion of the subsequent projects. E. A grading and erosion and sediment control security shall be required in accordance with Subarticle 9.5, "Grading, Erosion and Sediment Control Securities." F. A final planting inspection shall be required for all sites requiring erosion and sediment control planting. For sites requiring a performance security, slope certification shall be approved prior to building permit final inspection. 27 6.4 G. Landscape/irrigation plan check fees, in accordance with the City's Fee Schedule, shall be paid prior to acceptance of the plans for review. Inspection fees shall be paid prior to final inspection and release of any performance security. In accordance with Section 18.15.140, "NPDES Requirements" of the Grading Ordinance, the State Water Resources Control Board (SWRCB) has outlined waste discharge requirements associated with grading and construction activity, as follows: A National Pollution Discharge Elimination System (NPDES) permit will be required for all construction sites that disturb an area of one (1) acre or more, or are part of a larger common plan of development or sale. Prior to issuance of a grading permit for sites meeting these criteria, each applicant shall provide an NPDES permit number to the city engineer. a. A complete NPDES permit application package for discharges associated with construction activity and general requirements may be obtained from the SWRCB web site at: www.swrcb.ca.gov/stormwtr/construction.htmi 2. The NPDES permit requires the following information to be filed with the SWRCB: a. A Notice of Intent (NO[). The NOI application is in the construction permit package. 3. The San Diego Regional Water Quality Control Board requires that the following documents be generated and maintained up to date at the construction site throughout the duration of the project: a. A storm water pollution prevention plan (SWPPP). The conditions are outlined in the construction permit package. b. A monitoring and reporting program. The requirements are outlined in the construction permit package. B. Any necessary dewatering methods shall conform to the regulations of the San Diego Regional Water Quality Control Board. 28 SUBARTICLE 7. GRADING INSPECTION 7.1 SITE INSPECTIONS A. Prior to the approval of any building or grading plans and specifications, the City Engineer or his or her representative may inspect the site to determine that the plans and specifications are current and reflect existing conditions. B. Prior to any grading, brushing or clearing, there shall be a Pre -Construction Meeting held at a location specified by the Public Works inspector. Prior to placement of curb and gutter or placement of pavement base material, there shall be a Pre -Paving Meeting held on the site. The permittee, or his agent, shall notify the City Public Works inspector at least five (5) working days prior to requesting a Pre -Construction or Pre -Pave meeting and shall be responsible for notifying all persons responsible for grading or paving related operations. C. The permittee shall notify the City Engineer by 4:00 p.m. one working day ahead of the time that the work will be ready for inspection. Requests for final inspection shall be made in accordance with Subarticle 7.8, "Final Inspection." 7.2 EXCAVATION AND FILL INSPECTION Excavation and fill inspections are required as follows: A. Canyon Cleanout: After all brush and unsuitable material has been removed and an acceptable base has been exposed, but before any fill is placed. B. Toe Bench and Key: After the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed. C. Over -excavation: After the area has been excavated but before fill is placed. D. Excavation: After the fill has started, but before the vertical depth of the excavation exceeds ten feet (10'), and every ten -foot (10') interval thereafter. E. Fill: After the fill has started, but before the vertical height of the fill exceeds ten feet (10') and every ten -foot (10') interval thereafter. 7.3 CONCRETE OR GUNITE DRAINAGE DEVICE INSPECTION Concrete or gunite drainage device inspections are required as follows: A. Alley gutter and/or concrete swale: Subgrade: After subgrade is prepared and required reinforcement placed; 2. Concrete: During concrete placement; B. Curb and Gutter (Private Property): Subgrade: After subgrade is made, forms in place (control string or wire for slip form), with required reinforcement; 2. Concrete: During concrete placement; 29 C. Terrace Drains. Down Drains, Brow Ditches. and All Other Paved Drainage Devices: 1. Subgrade: After grade is made but prior to placement of welded wire mesh or reinforcing steel; 2. Reinforcement: After thickness control wire and reinforcing steel or welded wire are in place; 3. Concrete: During concrete or gunite placement. 7.4 OTHER DRAINAGE DEVICES Drainage devices other than concrete or gunite inspection are required as follows: A. Subdrains: 1. After excavation but prior to placement of filter material and pipe. The sub drainpipe and filter material shall be on -site for inspection. 2. After filter material and subdrain has been placed but prior to covering with backfill; B. Storm drains and Inlets: 1. All excavation of trenches and trench shoring shall be performed in compliance with the conditions of the most current Cal/OSHA Construction Safety Orders, Article 6; Section1541 and Section 1541.1, inclusive. 2. All storm drains and inlets shall be constructed with proper bedding in compliance with Section 306-1.2.1 of the most current Greenbook Standards. 3. After placement of storm drains but prior to covering with backfill, the engineer of record shall provide written certification indicating precise conformance to line and grade on any storm drain being placed flatter than two percent (2%) grade; 4. After placement of inlet forms but prior to placement of concrete, the engineer of record shall provide written certification indicating precise conformance to line and grade of all structures. C. Earth Swales: Prior to rough grading approval, storage of combustible materials, or lumber drop, and also; 2. Prior to final grading approval. 7.5 PAVING INSPECTION Paving inspection is required as follows: A. Subgrade: Inspection is required after subgrade has been established, tested, and approved by the geotechnical engineer, or his qualified representative. The geotechnical engineer shall leave a field memo or compaction test results on site. The engineer of work shall provide written certification indicating precise conformance to line and grade; 30 B. Base: After base course has been placed, tested, and approved by the geotechnical engineer, or his qualified representative, but prior to soil sterilizer and asphalt placement, the geotechnical engineer shall leave a field memo on site to provide compaction test results. Material delivery tickets shall be required. C. Utility Agency Clearance Required: After completion of the curb and gutter improvements and prior to paving certification, clearance letters from all affected utility companies shall be submitted to the project inspector. D. Asohalt Concrete: During asphalt placement, to verify compliance with plans and specifications, continuous inspection shall be provided by an approved testing agency, retained by the owner or geotechnical engineer of record, or its qualified representative. Material delivery tickets shall be required. 2. Prior to application of seal coat, the paved surface shall be water tested to reveal any irregularities and shall be patched where required. Material delivery tickets shall be required after placement of seal coat. 7.6 ROUGH GRADE CERTIFICATION Rough grade inspection is required as follows: The permittee shall request a rough grade inspection upon completion of the rough grading. The engineer of record must submit written certification attesting to precise conformance to line and grade and proper excavation and preparation of all areas ready to receive concrete structures to be built under the grading permit. Under normal circumstances, all subdrains and slope drains shall be in place and approved as a condition for rough grading approval. The geotechnical engineer must submit a final geotechnical report certifying the grading along with successful compaction test results. These reports must be submitted to the Public Works Department along with all required development fees prior to rough grade approval and building permit issuance. 7.7 SEDIMENT CONTROL FACILITIES Sediment control facilities inspection is required as follows A. After excavation of desilting basins but prior to fill placement, prefabricated devices are to be available on -site for inspection. B. After fill placement for desilting basins but prior to placement of concrete or other non - erosive materials. C. After installation of an erosion and sediment control system in accordance with an approved erosion and sediment control plan and the requirements of the City Engineer. 7.8 FINAL INSPECTION The permittee or his agent may request a final inspection upon completion of all work, including installation of all drainage structures and other protective devices, and submittal of all agency approvals and required reports. An as -built plan may be required if, in the opinion of the City Engineer, the finished site differs significantly from the approved grading plan. 31 SUBARTICLE 8. COMPLETION OF WORK 8.1 FINAL REPORTS A. Upon completion of the rough grading work and prior to issuance of a building permit, the City Engineer will require: 1. A written statement by the engineer of record certifying the grading as being in precise conformance with the approved grading plan and which specifically states the following items were performed under his supervision, and are shown correctly on the record drawings: a. Staking of line and grade for all engineered drainage devices and retaining walls (rough grading). b. Setting of all monuments in accordance with recorded tract map (rough or final grading). C. Staking of property comers for proper building and slope location, d. Location of permanent walls or structures on property comers or property lines where monumentation is not required (final grading). e. Location and inclination of all manufactured slopes (rough and final grading). f. Construction of berms and positive building pad drainage (rough and final grading). 2. A final geotechnical engineering report prepared by the geotechnical engineer, including type of field testing performed, suitability of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the geotechnical engineering investigation report. Each field density test shall be identified, located on a plan or map, the elevation of test and the test method of obtaining the in -place density described: either ASTM Standards or the approved equal shall be so noted. The geotechnical engineer shall provide written approval as to the adequacy of the site for the intended use, as affected by geotechnical engineering factors, and a statement of compliance to finish grade. Such report may consist of a series of reports at various stages of construction. 3. A geologic report prepared by the engineering geologist, including final description of the geology of the site including any new information disclosed during the grading, and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide written approval as to the adequacy of the site for the intended use as affected by geologic factors, a statement of compliance to finish grade, and when required by the City Engineer, shall submit an as -graded geologic map. B. Upon the final completion of the work under the grading permit, but prior to the release of grading securities or issuance of a certificate of occupancy, the City Engineer will require: A record drawing, prepared on a compact disc and mylar, signed and dated by the engineer of record which shall include original and as -graded ground surface elevation, pad elevation, slope ratios, and elevations and locations of all surface 32 and subsurface fills, subdrains, and general location and depth of all areas of removal of unsuitable soil; 2. Supplemental soils and geologic reports for all work done subsequent to rough grade approval. 33 SUBARTICLE 9. GRADING FEES AND SECURITIES 9.1 GRADING, EROSION AND SEDIMENT CONTROL PLAN CHECKING FEES All fees for grading, erosion and sediment control plan checking for each site shall be in conformance with the City's Fee Ordinance. Erosion and sediment control plans checked after a grading permit has been issued will be treated as a substantial revision for the purpose of determining plan check fees. 9.2 GRADING PERMIT AND INSPECTION FEES A. Grading permit and inspection fees for each site shall be paid in conformance with the City's Fee Ordinance. B. The fee for additional work under an existing grading permit, including erosion and sediment control, shall be computed as specified in the City's Fee Ordinance. No allowance for reduced earthwork volume or valuation shall be permitted. 9.3 GRADING PERMIT RENEWAL FEES The fee for renewing an expired grading permit shall be as specified in Section 18.09.260, "Expiration and Renewal of Permits" of the Grading Ordinance. 9.4 REINSPECTION FEES When any reinspection is required due to the negligence of the permittee, his agent or other responsible persons, or due to the failure of said persons to comply with previous correction instructions, a fee as established by resolution shall be charged by the City Engineer for each such reinspection. The fee shall be paid before any further inspections are made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Manual, but as to controlling the practice of calling for inspection before the job is ready for such inspection. 9.5 GRADING, EROSION AND SEDIMENT CONTROL SECURITIES A. The amount of the grading, erosion and sediment control security shall be based on twenty percent (20%) of the cost of the project cut or fill volume, whichever is greater, plus a fee of two dollars ($2.00) per cubic yard for each cubic yard in excess of one thousand (1,000) cubic yards; fifty percent (50%) of the cost of the on -site, non -City maintained drainage improvements; and one hundred percent (100%) of the total estimated cost of the erosion and sediment control system. A minimum -security amount of two thousand dollars ($2,000) is required for each grading permit. 1. The amount of the security may also be increased by the City Engineer up to 100% of the cost of the total cut or fill volume, whichever is greater, and 100% of the on -site drainage facilities if the potential hazards or nature of the project, in the opinion of the City Engineer justifies such an increased amount. 2. The City Engineer may require that up to twenty-five percent (25%) of the grading and erosion and sediment control security be submitted in cash, with a maximum amount of forty thousand dollars ($40,000) in a form immediately available to the City to satisfy the cost of correcting any deficiency, hazard or injury created by the work or in violation of the conditions of the permit or the 34 Grading Ordinance. The minimum cash deposit shall be five hundred dollars ($500). 3. Cash Deposits. Cash deposit(s), if required pursuant to paragraphs A(1) and A(2) above, do not release the obligation of the applicant or the surety to satisfy the cost of correcting the deficiency or hazard or injury created by the work. If the amount of the cash deposit is insufficient to satisfy the said costs of the work performed by the City, the City Engineer may invoice the applicant in accordance with Section 18.24.080, "Cost Recovery Fees" of the Grading Ordinance. If the applicant fails to pay such amount within five (5) days from the date of the invoice and restore the cash deposit to its original amount, the City Engineer may revoke the grading permit until such fees and deposits are paid. Any unused portion of the cash deposit(s) will be refunded to the applicant upon final completion of the work to the satisfaction of the City Engineer. 4. Term. The term of each security shall begin upon the dated of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the City Engineer. 5. Forms. Every security and agreement shall be made pursuant to the standard forms contained in Appendix B and approved as to form by the City Attorney. 6. Substitutions. Upon approval of the City Engineer, a substitute bond or letter of credit may be filed in lieu of any bond or letter of credit described in this section if it is suitable to ensure completion of the work remaining to be performed, 35 APPENDIX A Grading Plan Submittal & Permit Application 36 vl' i PROJBCPNO. PERMIT NO. CITY OF TEMECULA ENGINEERING DEPARTMENT 43200 Business Park Dr., Temecula, CA M90 Ph:909-694.6411 * Fax- M-694.6475 GRADING PLAN SUBMITTAL & PERMIT APPLICATION Date Applied: ***INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED *** A. APPLICANT INFORMATLON 1. Applicant's Name: Hailing Address: Telephone No.: 2. Owner's Name: Mailing Address: Telephone No.: 3. Civil Engineer's Name: Mailing Address: Telephone No.: Fax No.: Fax No.: Fax No.: NOTE. If more than one person is involved in the ownership of the property being developed, a separate page must be attached to this application which lists the names and addresses of all persons having an interest in the ownership of the property. 1. Project No. & Title: MtW /Pavel itgF P d rfaa, CO.P, starts Fax* Rateaace, da) 2. Project Approval Date: usereso:nVM LqAMMBVVURMNWADMPMMMMGmftPeMkAppkada r_ PROPERTY INFORMATION 1. Assemes Parcel No.: 2. General Location (shed address, ea): 3. Gross Acreage of Project: 4. Gross Acreage of ra Ea proposed for grading: _ (4rc►udin; Septic Sysiea: with field do expansion am) ffn M S. Does grading plan also In Jude Mt work 6: structural improvements such as parking lob, storm drain structures, walls, gutters, eta YES NO If YES, please describe: 6. Will improvements Include subsurface septic systems? 7. Soils Testing Firm Name: Mailing Address: k & Telephone No.: Fax No.: & Will submittal include Hudrobgy / Hydraulic Study? YES i:Cs7 R,M 9. Will submittal Include Conditions of Approval? YES NO SIGNATURE OF APPLICANT: AUTHORITY FOR THIS APPUCATION IS HEREBY GIVEN: SIGNATURE OF PROPERTY OWNER(S): DATE (WrWm Audwrixy May Be Anaehed) 11.a.ba flln Mt R1f ANtwWWWwk VMATWM PMUrr.Wha9m Fan Amae,em APPENDIX B Security Agreement and Bond Forms 37 Recording Requested by City of Temecula When Recorded mail to: City of Temecula Office of the City Clerk Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 CITY OF TEMECULA GRADING, SEDIMENT AND EROSION CONTROL AGREEMENT DATE OF AGREEMENT: NAME OF APPLICANT: (Referred to as "APPLICANT") NAME OF DEVELOPMENT: TRACT/PARCEL MAP NO (If applicable): GRADING SITE/LOCATION (orAPN): GRADING PLAN NO: GRADING PERMIT ESTIMATED TOTAL COST OF GRADING, DRAINAGE, SEDIMENT, AND EROSION CONTROL IMPROVEMENTS: COMPLETION TOTAL AMOUNT OF SECURITY: $ Total Amount Posted as Cash Deposit:: Amount of Security Posted Other than Cash: NAME OF SURETY AND BOND NO: THIS AGREEMENT is made and entered into by and between the City of Temecula, California, a Municipal Corporation, (hereinafter referred to as "CITY"), and the APPLICANT. RECITALS A. APPLICANT has applied for a Grading Permit pursuant to the provisions of the Temecula Municipal Code (hereinafter referred to as "Code") to perform grading work including excavation, fill, installation drainage facilities, stockpiling, clearing and grubbing, landscaping, erosion control or any combination thereof and erosion and sediment control protection within the CITY, more specifically described in the application for a Grading Permit referred to above and incorporated by reference. B. The Grading Plans and Specifications for the work to be performed under the Grading Permit have been approved by the City Engineer. C. The Grading work shall be performed in accordance with the Code, all City standards, specifications and policies and the Grading Plans identified on Page 1 of this Agreement. D. Title 18; Article 9 of the Code requires the Applicant to post a bond or other acceptable form of security with the City to cover the cost of the grading and erosion control work prior to issuance of a Grading Permit. E. An estimate of the cost of the grading, erosion and sediment control work to be performed has been submitted by the APPLICANT and approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit A to this agreement. NOW, THEREFORE, in consideration of the issuance of the Grading Permit by the CITY, the APPLICANT and the CITY agree as follows: APPLICANT'S Obligation to Perform the Grading. Erosion and Sediment Control Work APPLICANT shall: a. Complete by the time established in Paragraph 16 of this Agreement and at the APPLICANT'S own expense, all grading, drainage, landscape, erosion and sediment control work required by the Grading Permit in accordance with the approved Grading Plans, Code and the CITY's standards, guidelines, and grading manual. b. Maintain any and all erosion and sediment control devices in a manner acceptable to the City Engineer. If the City Engineer determines that the erosion and sediment control measures or devices are not adequate or are not being maintained in an acceptable manner, or that a hazardous condition exists due to the work being done or from erosion, the APPLICANT shall take immediate action to correct hazardous conditions, install additional erosion and sediment control devices, or repair the existing erosion and sediment control system. Notification will be made by telephone to the 24-hour emergency number on the plans. If there is no answer, or the contact person fails to take necessary action within the time specified by the City Engineer, the City Engineer may cause corrective action to be taken and the costs of said corrective action shall be deducted from the cash deposit posted by the APPLICANT. C. Any funds withdrawn by the City Engineer from the cash deposit shall be replaced by the APPLICANT within five (5) days of notice from the City Engineer to do so. The City Engineer may order all work on the project stopped until such time as the cash deposit is restored to its original balance. This provision shall also apply to offsite desiltation basins, which, in the opinion of the City Engineer, are impacted by siltation originating from the APPLICANT'S development site. d. Make an inspection of the desiltation basin(s) and other erosion and sediment control devices after each runoff producing rainfall and repair or restore the basin or device when the accumulation of silt or sediment reduces the design performance below acceptable levels in the opinion of the City Engineer. 2. Securities. The APPLICANT agrees to maintain in place said bonds and securities in the amount shown for performance of the terms and conditions of this Agreement and any time extensions granted by the City Engineer. APPLICANT further agrees that if the opinion of the City Engineer, the amount of said bonds or securities becomes insufficient, APPLICANT agrees to renew each and every bond or security amount with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Not withstanding any other provision herein, if APPLICANT fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified the APPLICANT of the insufficiency of the sureties or the amount of the bonds, or both. 3. Release of Securities. The security required by this Agreement shall be released as follows: a. Security given to guarantee performance of the grading and erosion control work as authorized pursuant to the Grading Permit and this Agreement shall be released upon acceptance of the work by the City Engineer subject to the following provisions: (1) Upon written application for release by the APPLICANT, the City Engineer may release a portion of the security as grading is completed and accepted. The City Engineer shall not authorize the release of the grading and erosion control security to an amount, in his or her opinion, below that required to guarantee the completion of any work or any other obligation imposed by the Code, Grading Permit, conditions of approval for the development or this Agreement. (2) All or any portion of the cash security deemed necessary by the City Engineer, shall be retained to guarantee maintenance and repair of desiltation basins and other erosion control devices. The remaining cash security shall be released, without interest, upon determination of the City Engineer that the grading site has been adequately and permanently safeguarded against erosion and all temporary desiltation basins and erosion control devices have been removed. (3) The CITY may retain from the security released an amount sufficient to cover costs, expenses and fee, including attorney's fees. 4. Acquisition of Easements. The APPLICANT shall not commence any offsite grading until proof of all necessary easements and/or written legal permission or title is submitted to the City Engineer. 5. Right of Entry. Inspection, and Approval. APPLICANT shall at all times allow the CITY, or its authorized agents, to enter upon the grading site for the sole purpose of inspecting the site in accordance with the conditions and requirements of the grading permit and to accomplish any emergency or erosion control work. Upon completion of the work, the APPLICANT shall request a final inspection by the City Engineer. If the City Engineer determines that the work has been completed in accordance with this Agreement, he shall certify completion of the work. APPLICANT shall bear all costs of inspection and certification. 6. Injury to Public or Private Property and Improvements or Public Utilities Facilities. APPLICANT shall replace or have replaced, or repair or have repaired, as the case may be, all public and private property and improvements or public utilities facilities which are damaged or destroyed as a result of any work under this Agreement. APPLICANT shall bear the entire cost of replacement or repair of said property, improvement s, or utilities damaged or destroyed by reason of any work done under this Agreement, whether such property or utilities are owned by the United States or any agency thereof, or the State of California, or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 7. Permits. APPLICANT shall obtain all permits, approvals and licenses necessary for the grading activity; give all necessary notices and pay all fees and taxes required by law. 8. Notice to City Engineer. APPLICANT, his agents and employees, shall give the notice to the City Engineer at least five (5) working days prior to beginning any work approved under said permit in order to schedule a pre -construction meeting with the City's Public Works Inspector. For all regular inspections, the APPLICANT shall notify the City Engineer by 4:00 p.m., one working day ahead of the time the work will be ready for inspection. 9. Default of the APPLICANT. In the event the APPLICANT fails to comply with the above terms and conditions, the Surety shall comply with any lawful order of the City Engineer requiring the work authorized and affected by the Permit to be completed and that the premises covered by the permit be made safe to life and property to the satisfaction of the City Engineer, and in such event such Surety fails to promptly do so, the Surety shall pay the CITY all costs and expenses incurred by CITY in completing the work authorized by the permit making the premises safe to the satisfaction of the City Engineer. If the APPLICANT, or his agents or employees neglects, refuses or fails to perform the work to insure its completion within the specified time, or if the APPLICANT violates, neglects, refuses or fails to perform satisfactorily any of the provision of the plans and specifications, APPLICANT shall be declared in default of this Agreement and notice in writing of such default shall be served upon APPLICANT by the City Engineer. The City Engineer shall have the power to terminate all rights of the APPLICANT because of neglect or default. The determination by the City Engineer of the questions as to whether any of the terms of the Agreement or specifications have been performed satisfactorily shall be conclusive upon the APPLICANT, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to any and all rights and remedies available to the CITY under law or in equity. In the event the CITY is required to complete all or part of the improvements as set forth above, the APPLICANT hereby grants to the CITY and to any agent or employee of the CITY, the irrevocable permission to enter upon the lands of the above referenced grading activity for the purpose of completing the improvements. This permission shall terminate in the event that the APPLICANT has completed the work within the time specified or any extension thereof granted by the City Engineer. 10. Applicant not Agent of CITY. Neither APPLICANT or any of the APPLICANT'S agents or contractors are or shall be considered to be agents of the CITY in connection with the performance of APPLICANT'S obligations under this Agreement. 11. Iniury to Work. Until such time as the grading, erosion and sediment control improvements are approved by the City Engineer, APPLICANT shall be responsible for and bear the risk of loss to any of the grading, erosion and sediment control improvements. Until such time as all improvements required by this Agreement are fully completed and approved by the City Engineer, APPLICANT will be responsible for the care, maintenance of and any damage to such work. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work specified in this Agreement prior to the completion and approval of the work. All such risks shall be the responsibility of and are hereby assumed by APPLICANT. 12. APPLICANT'S OBLIGATION TO WARN PUBLIC DURING GRADING AND EROSION CONTROL WORK. Until final approval of the grading and erosion control improvements, the APPLICANT shall give good and adequate warning to the public of each and every dangerous condition existent or adjacent to such grading work and will take all reasonable action to protect the public from such dangerous conditions. 13. Indemnity/Hold Harmless. APPLICANT agrees that neither the City nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any works permitted under said Grading Permit. It is also understood and agreed that APPLICANT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any work permitted under said Grading Permit. Said indemnification and agreement to defend and hold harmless shall extend to injuries to persons and damages to or taking of property resulting from the design, construction or grading as provided herein, and in addition, to adjacent properties and improvements located thereon as a consequence of the diversion of waters from the design or construction of drainage systems, private streets, grading and other development improvements. For a period of one (1) year after the issuance of the certificate of completion, the APPLICANT shall perform all maintenance and comply with all conditions required under said permit, the CODE, and all other applicable laws ordinances and regulations. In addition, the APPLICANT shall remain obligated to eliminate any defect in design or any dangerous condition caused by the design or grading but, if not in ownership of the property, shall not be responsible for routine maintenance. Provisions of this requirement shall remain in full force and effect for ten (10) years following acceptance of the grading work. It is the intent of this section that APPLICANT shall be responsible for all liability for design and construction of the grading, erosion and sediment control work done pursuant to this agreement and that CITY shall not be liable for any act or omission in approving, reviewing, checking, or correcting any plans or specification or in approving, reviewing or inspecting any work or grading. The grading, erosion and sediment control security shall not be required to cover the provisions of this paragraph. 14. Sale or Disoosition of Property. Sale or other disposition of the property will not relieve the APPLICANT from the obligations set forth in this Agreement. If APPLICANT sells the property to any other person, the APPLICANT may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the APPLICANT may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve APPLICANT of the obligations under Paragraph 13 for the work done by the APPLICANT. 15. Time of the Essence. Time is of the essence of this Agreement. 16. Time for Completion of Work/Time Extensions. APPLICANT shall complete grading work required by this Agreement within six (6) months of this Agreement. It is further agreed by and between the parties hereto, including the surety of sureties on the bonds securing this Agreement that, in the event it is deemed necessary to extend the time of completion for the work contemplated to be done under this Agreement, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the APPLICANT and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds. APPLICANT further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein. 17. Legal Responsibilities. The APPLICANT shall keep informed of all local, State and Federal laws and regulations, which in any manner affect those employed by it, or in any way, affect the performance of its obligations pursuant to this Agreement and the Grading Permit. The APPLICANT shall at all times observe and comply with all such laws and regulations. The CITY, its officers and employees, shall not be liable at law or in equity occasioned by failure of the APPLICANT to comply with this section. 18. No Vesting of Rights. Performance by APPLICANT of this Agreement shall not e construed to vest APPLICANT'S rights with respect to any change in any zoning or building law or ordinance. 19. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this paragraph. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: William G. Hughes Director of Public Works/City Engineer 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to APPLICANT: Contact Name: Company Address: Notice to SURETY: Contact Name: Company Address: 20. Severability. It is understood and agreed by the parties hereto that if any par, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, tern of provision held to be invalid. 21. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 22. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terns of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 23. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this Agreement. 24. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modification, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate part shall be the City Manager. IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. APPLICANT` By: Name: By: (Proper Notarization of APPLICANT'S signature is required and shall be attached) 'Two signatures are required for corporations unless corporate documents are provided that indicates otherwise. CITY OF TEMECULA Mayor ATTEST: Susan W. Jones, CMC City Clerk FOR APPROVAL: William G. Hughes Director of Public Works/City Engineer APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA GRADING, EROSION AND SEDIMENT CONTROL SURETY BOND WHEREAS, the City of Temecula, State of California, and (hereinafter designated as "Principal') have entered into that certain agreement entitled "Grading, Sediment, and Erosion Control Agreement," dated 20_ and identified as Grading Permit No. ("Agreement'). The Agreement is hereby referred to and made hereof as though set forth in full. WHEREAS, Principal is required under the terms of the Agreement to (1) complete certain grading, erosion and sediment control work, and (2) furnish a bond to guarantee the faithful performance of the Agreement. NOW, THEREFORE, we the Principal and as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of ($ 1 lawful money of the United States, for the payment of such sum will and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As part of the obligation secured herby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension, alteration or addition to the terms of the Agreement or to the grading and erosion control work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does herby waive notice of any such change, extension, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety named, on, 20_ [SEAL] SURETY: (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney [SEAL] PRINCIPAL: * By: (Name) (Title) By: (Name) (Title) *Two Signatures are required for corporations unless documents are provided that indicate otherwise. [Letterhead of Issuing Bank] LETTER OF CREDIT NO. (Grading, Erosion and Sediment Control Faithful Performance Security) City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ATTENTION: William G. Hughes, Director of Public Works/City Engineer REFERENCE: Irrevocable Letter of Credit No. We hereby establish our Irrevocable Letter of Credit number in the amount Of DOLLARS ($ ) in favor of the City of Temecula, a municipal corporation of the State of California, hereinafter referred to as "City." This letter of credit is issued in pursuant to the requirements of that certain agreement entered into between City and ("Principal"), entitled "Grading, Sediment and Erosion Control Agreement," dated as of ("Agreement") covering certain grading, erosion and sediment control work to be done at: by Principal and in accordance with said Agreement. This Letter of Credit is available to City against City's draft(s) drawn at sight on us when accompanied by: City's written statement (signed by the City Engineer, City Manger, or City Attorney) certifying that there has been failure of the Principal to adhere to the provisions of the above agreement regarding the grading and erosion control work and further that amount of the draft accompanying this statement is now due and payable. Partial drawings are permitted. All drafts under this Letter of Credit shall be marked "Drawn under Irrevocable Letter of Credit Number issued by (Bank and address) This Letter of Credit expires one (1) year from the date hereof and shall be deemed automatically extended without amendment for a one (1) year period upon such date and upon each anniversary of such date, unless at least sixty (60) days prior to such date or each anniversary of such date we notify the City Clerk, in writing, by registered mail, that we elect not to extend the Letter of Credit. Upon receipt by City of such notice, City may automatically draw the full amount remaining on this Letter of Credit by clean draft, with no supporting documents, and Bank will pay City upon receipt of such draft. LETTER OF CREDIT We expressly agree with City that all drafts drawn under and in compliance with the terms of this Letter of Credit shall be duly honored by us. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC publication No. 500 to the extent it is not inconsistent with applicable laws of the State of California. Financial Institution: Signature Title: (Note: Letter must be on Bank letterhead) APPROVED AS TO FORM: Peter M. Thorson, City Attorney Principal: By: Signature CITY OF TEMECULA APPROVED: Genie Roberts, Director of Finance GRADING BOND RELEASE Please complete the following to receive the $995 Engineering Refundable Deposit Name of Person to Receive Check: Street Address: City: State: Zip Code: Phone Number: SIGNATURE OF APPLICANT: AUTHORIZATION TO RECEIVE CHECK IS HEREBY GIVEN: SIGNATURE OF PROPERTY ONAWER(S): Name) (Written Authority May Be Attached) U0&Md 0111&ra10t R^L &.%'VM1FMNL5SGF"LNG PF1t.N17SG3d1M i4mit Amrw=m APPENDIX C Grading Plans/Subsurface Sewage Disposal Systems 38 COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH HEALTH SERVICES AGENCY 4080 LEMON STREET, 2ND FLOOR,P.O. BOX 1206 RIVERSIDE, CA 92502 OFFICE: (909) 955-8980 FAX: (909) 955-8903 ww%y Ivcocb Arg TO: WHOM 1T MAY CONCERN FROM: /0!�GREGOR DELLENBACH, Interim Supervisor RE: GRADING PLANS/SUBSURFACE SEWAGE DISPOSAL SYSTEMS The following information shall be addressed and depicted by a Registered Civil Engineer (RCE), Geologist with soils percolation expertise on all proposed and final grading plans for subdivisions, parcel maps. commercial and single family dwelling plot plans where SUBSURFACE SEPTIC SEWAGE DISPOSAL IS INTENDED: I. The proposed cuts and/or fills in the areas of the sewage disposal systems. 2. The primary sewage disposal system and its IW/o expansion area 3. The elevation of the individual building pads in reference to the elevation of the sewage disposal system. 4. The original tile line to be installed and all required expansion area shall be located in a natural undisturbed soil at the depth of the percolation tests performed. 5. On grading plans stamped by the Registered Civil Engineer (R.C.E.), who did not perform the soil feasibility. percolation report. the RCE will then be required to obtain a written statement and/or a signed stamp from the soils engineer of record on the grading plan as to the appropriateness of the grading plan in accordance with the soils percolation test on record. 6. Grading plans specific to the above shall be submitted to Department of Environmental Health for review and approval. GD:dr (909)955-8980 Qrrau.doc 12-22-99 APPENDIX D Review Under Earthquake Fault Zoning Act C OF COUNTY OF RIVERSIDE TRANSPORTATION AND • LAND MANAGEMENT AGENCY �`�� Richard K. Lwhbrook Alawy September 4, 2001 Planning Department Temecula Planning Department Gary Thornhill, Department City Manager P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Akm J. Laurance, AJ.CP. Planning Dirww Subject Agreement to Provide Alquist-Priolo Earthquake Fault Report Review Services Dear Sir or Madam: As you may know, we have provided reviews of geologic reports for projects within cities in the past under an informal agreement between the City and the Planning Department. Recently we have become aware of the legal risk under this kind of informal arrangement, therefore we are currently initiating a formal agreement which defines the County requirements for reviewing Alquist-Priolo Earthquake Fault Reports sent to us by the City prior to permit approval. The attached agreement will first need to be reviewed and approved by City Council, whereupon it will then be sent for review and approval by the County Board of Supervisors. Attached you will find the agreement with the County requirements for reviewing Alquist-Pdoto Earthquake Fault Reports. We sincerely hope that by initiating this process we can continue to serve you in the most efficient and effective manner. Please reply to the attention of the undersigned when returning the signed agreement. Please do not hesitate to call me. at (909) 955-3211 N you have any question concerning this matter. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Aleta J. LauffAoe,_AC Manning Director Chief Engineering Geologist WAH:aaf# Riverside Of6x• 4oso Lemon Strwt, 96 Flog Indio Office- 92.675 Hwy 111, 2" Floor P.O. bm 1409• Riverside, California 92502-1409 Room 209, Indio. C &forma 92201 "- --- -.-- .,cm 041 oov'? . U.. MAI Rfi0.1040 PA Mu ri" California 9250 (909) 600.6170 • Fax (909) 600.6145 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT This agreement is made and entered into this 13th day of, n,,.,.mINpr , 2001, between the County of Riverside (hereinafter COUNTY'), on behalf of its Transportation and Land Management Agency/Planning Division (TLMA), and the City of Temecula (hereinafter "CITY'). RECITALS 1. CITY has a need for review of site -specific geologic reports prepared and submitted pursuant to the Alquist-Priolo Earthquake Fault Zoning Act ("Act') regarding the incorporated areas of the CITY. 2. TLMA has a State Registered Geologist who has the expertise, and knowledge to perform the services needed by the CITY. 3. COUNTY and CITY desire to specify the terms and conditions under which the services shall be provided. Section I TLMA agrees: 1. 'Upon request from CITY, to provide the review and approval by a State Registered Geologist prior to permit approval by the CITY as required by the Act. 2. To perform the services to the same extent and in the same manner as it does similar review services for itself, in accordance with the following procedure: a. The following items should be transmitted to TLMA: 1. Four (4) wet signed copies of the site specific, geologic/fault hazard report. 2. The assessor's parcel number(s) for the applicable lots. 3. The CITY's case number. and appropriate case maps. 4. A check, payable to Riverside County Planning Department for the current review fee charges by the County for Alquist-Priolo report review. See County Ordinance 547 and 671. These fees are subject to a one and one half percent (1.5%) Land Management System Fee Surcharge. This surcharge is. added to the total fees per the fee schedule. A copy of the current fee schedule is attached. b. Upon receipt of the report and fees, the report is assigned a County Geologic Report Number. The report is reviewed and a site visit is made within 30 days of receipt of the transmittal package. COUNTY will work directly with the Registered Geologist who prepared the report, to obtain an acceptable report. Copies of review letters with comments will be sent to the CITY. C. Upon an acceptable report being obtained, a letter that includes the conclusions and recommendations of 2 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT 9 the consultant's report, appropriate conditions of approval for the project, and a statement indicating approval of the report is prepared. Copies of the final, approved report and the letter will be transmitted to CITY and the California Division of Mines and Geology, in compliance with the Act. 3. To retain, consistent with State law, all documents submitted and documentation thereafter generated by COUNTY relating to the services performed hereunder. Section II CITY agrees: 1. To submit all necessary documentation for review to COUNTY. 2. To collect and forward to COUNTY with the documentation, the appropriate fee evidencing the cost of review. 3. That CITY shall indemnify and hold COUNTY, its officers, agents and employees free and harmless from any liability whatsoever based or asserted upon any claims arising out of the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, relating to or in anyway connected with the services contemplated by this agreement to the same extent as CITY is required to indemnify and hold its officers, agents and employees free and harmless. CITY shall defend, at its expense, including reasonable attorney, 3 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT F y, this Agreement shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 6. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 7. Any notice required or authorized under this Agreement shall be in writing. If notice is given by United State mail, it shall be sent registered or certified mail, return receipt requested, addressed as follows: city of County of Riverside TLMA/Director of Planning 4080 Lemon St., 9th Flr Riverside, CA 92501 8, This agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the provisions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in 5 AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT rj l] connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto. Date: ATTEST: Gerald A. Maloney Clerk of the Board By: Deputy (SEAL) Dated: )i' 15 LI County of Riverside By: Ci D:\Files\Wp\Agreement Alquist-Priclo Act.doc 6 Chairperson, Board of Supervisors of: or eff Comerchero APPROVED AS TO FORM: r Peter Thorson, ty ttorney AGREEMENT FOR REVIEW UNDER EARTHQUAKE FAULT ZONING ACT APPENDIX E Standard Erosion and Sediment Control Notes [ia CITY OF TEMECULA EROSION AND SEDIMENT CONTROL NOTES Information on this plan is for erosion and sediment controls only. See the Grading Plan for additional requirements. A combination of erosion and sediment controls must be in place for all soil -disturbing activities by October 1 of each year and, at a minimum, maintained throughout the rainy season (October 1 - April 30). 2. Discharger Contact Information: Of (Responsible Person) (Firm) at (24-Hour Phone Number) 3. The Discharger is responsible for the implementation and maintenance of all erosion and sediment control work, and shall insure that work is in accordance with this approved plan. If soil disturbance meets or exceeds one acre, a Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB) shall be provided to the City. In addition, all erosion and sediment controls outlined in the site's Stormwater Pollution Prevention Plan (SWPPP) shall also be implemented, or as directed by the city's NPDES inspector. 4. The Discharger shall be available with equipment and workers for emergency work at all times during the rainy season. Necessary materials shall be stockpiled at convenient locations on site to facilitate rapid construction and maintenance of temporary erosion and sediment controls. Temporary erosion and sediment controls shall consist of, but not be limited to, constructing facilities and taking measures necessary to prevent, reduce, control, and abate damage due to water, mud, and debris resulting from erosion and sediment transport/deposition to public and private property from construction activities of this project. 5. Clearing shall be limited to areas that will receive immediate grading. A combination of erosion and sediment controls shall be implemented in areas that have been cleared. These measures may include, but shall not be limited to: seeding, mulching, blankets, mats, desilting basins, graded berms, sand and/or gravel bags, fiber rolls, filter cloth, silt fences, check dams, chevrons, drainage inlet protection, etc. Care shall be exercised to preserve vegetation beyond the grading limits. 6. All erosion and sediment controls shall be implemented and maintained (i.e. inspected, restored, repaired, or modified) on a continual basis throughout the site during construction activities to protect downgrade perimeters, adjacent properties, environmentally sensitive areas, watercourses, curbs, gutters, streets, drainage inlets, and other private and public stormwater conveyance systems. 7. All removable erosion controls, such as blankets and mats, shown on this plan, and outlined in the SWPPP (if applicable), shall be in place at the end of each working day throughout the rainy season. Similar control devices shall be implemented during the dry season, as applicable, to mitigate dust from wind erosion. 8. During the non -rainy season, sediment controls, such as curb and gutter chevrons, drainage inlet protection, sediment tracking controls, etc., shall be implemented. In addition, any non- stormwater discharges associated with construction -related activities must be prevented from reaching streets, curbs, gutters, and all other stormwater conveyance systems. Routine street cleaning shall be performed by dry methods only (i.e. street sweeping). If street washing is required, appropriate Best Management Practices (BMPs) shall be installed to directly address the washwater, or as directed by the city's NPDES inspector. 9. All construction entrances shall be stabilized (i.e. gravel, shaker plates, etc.) year-round to prevent mud, sediment, and dust from being tracked out of the site by vehicular traffic. 7 of 2 Revised 04/07/2004\ 10. All silt and debris shall be removed from check dams, silt fences, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, and other private and public stormwater conveyance systems prior to and after each rainstorm. Drainage inlets shall be protected to prevent sediment and debris from entering downstream stormwater conveyance systems. 11. The Discharger shall conduct operations in such a manner that stormwater runoff will be contained on site through desilting basins, earth berms, etc., or filtered through a series of BMPs, such as sand/gravel bags, silt fence, fiber rolls, filter cloth, etc., to the stormdrain system. 12. The Discharger shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. Conformance with the requirements of this plan shall in no way relieve the Discharger from his responsibilities to this site and protecting adjacent properties. 13. Temporary or permanent desilting basins are to be constructed, if applicable, prior to grading operations and shall have a means for dewatering to prevent overfilling between storm events. 14. Stormwater runoff from graded areas shall not be carried over graded slopes. Temporary erosion and sediment controls are required on all manufactured slopes until 70% vegetative cover has been established or as determined by the city's NPDES inspector. Slopes must have erosion and sediment controls in place prior to October 1. Slopes constructed after October 1st shall have erosion and sediment controls as the construction of slope progresses. All graded slopes 3' or more in height shall include, but not be limited to, seeding, mulching, soil stabilizers, soil binders, vegetation, or have erosion control blankets, such as straw, coconut, straw/coconut composite, polypropylene mats, or other acceptable materials installed. Jute netting shall not be used as a stand-alone erosion control. In addition, sediment controls shall be placed at the toe of the slope and in increments of 10 feet measured vertically on the face of slope for grades of 3:1 and greater. 15. Paved streets, sidewalks, and other improvements shall be maintained free of loose soil, construction -related materials, debris, and waste at all times. Material storage and waste handling areas shall be established. Appropriate secondary containment shall be implemented for materials having a potential for spills or leaks. Concrete wash -out pits shall be constructed, if applicable, and shall be located away from streets and sidewalk right-of-ways. 16. Emergency accesses shall be maintained at all times (including access to neighboring properties). 17. No obstruction or disturbance, other than filtering BMPs, shall occur to any existing public, or private, stormwater conveyance system during the rainy season, unless adequate temporary/permanent drainage facilities have been approved and installed to carry surface water to the nearest practical stormdrain or natural water course. 18. Fill areas shall have erosion and sediment controls implemented while being brought up to grade to eliminate, reduce, and control erosion and the siltation of downstream facilities and adjacent areas during construction phases. These measures may include, but are not limited to, temporary downdrains, either in the form of pipes or paved ditches with protected outfall areas; earth berms at the top of slopes to address surface runoff; erosion control blankets; seeding or mulching; confined ponding areas to desilt runoff; temporary check dams and fiber rolls to filter runoff; sand/gravel bag protection around inlets; and appropriate grading to direct drainage away from the edge of the top of slopes shall be constructed and maintained on those fill areas where earthwork operations are not in progress. 19. The Department of Public Works' approval of this plan does not relieve the Discharger from his/her responsibilities for the correction of errors and omissions discovered during construction. Upon request, the required plan revisions shall be promptly submitted to the Department of Public Works for approval. 20. The Department of Public Works reserves the right to make changes or modifications to this plan as deemed necessary. 2 of Revised 04/07/2004\ APPENDIX F Standard Grading Notes 41 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT GRADING NOTES For Mass, Rough, and Precise Grading Plans 1. All grading and related activities shall conform to the 1998 California Building Code, Appendix Chapter 33, as amended by Ordinance 99-23, and if applicable, to the State Water Resources Control Board NPDES General Permit for Construction Activities. 2. Building pad and drainage swale slopes shall be a minimum of 1%. Drainage swales shall be a minimum of 0.2' deep and be constructed a minimum of 2' away from the top of graded slopes. Finish grade shall slope away from all exterior walls at not less than '/4" per foot for a minimum of 3 feet. 3. Maximum cut and fill slopes shall be 2:1. 4. Provide, as applicable, concrete brow ditches designed to convey 100-year storm flows, or provide graded berms, along the top of all graded slopes over 3' in vertical height or that are adjacent to graded areas to direct surface runoff away from the top of slopes. 5. All grading shall be done under the supervision of a Registered Civil Engineer, Soil Engineer, or Engineering Geologist who shall certify that all fills have been properly placed and who shall submit a final compaction report for all fills over 1' deep. 6. A Registered Civil Engineer shall submit to the City of Temecula's Public Works Department a written certification of completion of rough grading in accordance with the approved grading plan prior to issuance of the building permit. Certification shall be to line, grade, elevation and location of cut / fill slopes. 7. Final compaction report will be required for all fills greater than one foot. 8. All grading shall be done in conformance with recommendations of the preliminary soils investigation by dated . Two sets of the final compaction report shall be submitted to the Public Works Department which shall include foundation design recommendations and certification that grading has been done in conformance with the recommendations of the preliminary soils report. 9. The contractor shall notify the Public Works Department at least 48 hours in advance requesting finish lot grade and drainage inspection. This inspection must be approved prior to building permit clearance for each lot. Public Works Department Phone: (909) 694-6411 10. Cut and fill slopes shall be protected with a combination of erosion and sediment controls to protect the slope from erosion and instability during the grading phase. 11. Post -grading activities shall include, but not be limited to, installing, where applicable, groundcover, trees, shrubs, or a combination thereof in accordance with City codes prior to the approval of final inspection. Slopes over 4' in vertical height shall have permanent irrigation systems with backflow prevention devices per the U.P.C. Revised 04/07/2004 12. Fill material shall not be placed on existing ground until the ground has been cleared of weeds, debris, topsoil, and other deleterious material. If steep sloping terrain occurs upon which fill is to be placed, the terrain must be cleared, keyed, and benched into firm natural soil for full support. A Registered Civil Engineer, Soil Engineer, or Engineering Geologist shall approve placement of fill. 13. Temporary drainage shall be provided until permanent drainage structures are installed. Protective measures shall be implemented to protect adjoining and downstream properties from silt deposition and ponding water during grading operations. 14. Dust shall be controlled by methods approved by the City Engineer. 15. Stability calculations with a factor -of -safety of at least one and five -tenths (1.5) shall be submitted to the Public Works Department by a Registered Civil Engineer, Soil Engineer, or Engineering Geologist for cut and fill slopes over 30' in vertical height. 16. A Registered Civil Engineer or Licensed Land Surveyor shall submit certification of building pad elevations. Where specific elevations are required, the elevation (with respect to mean sea level) shall be given. If an elevation with respect to adjacent ground surface is required, the actual distance above the adjacent ground shall be given. 17. EROSION AND SEDIMENT CONTROL: The permittee shall abide by all of the requirements outlined in the City of Temecula Erosion and Sediment Control standard notes throughout the duration of the project, including adherence to the State NPDES Permit for Construction Activities, if applicable. 18. Existing drainage courses shall continue to function during the rainy season. No obstruction of flood plains or natural water courses shall be permitted. 19. All property corners shall be clearly delineated in the field prior to commencement of any construction/grading. 20. The permittee must obtain an encroachment permit prior to any work within a public right-of-way. 21. Approval of these plans by the City or its agents does not relieve the applicant and his engineer from the responsibility for the correction of errors or omissions discovered during construction. Upon request, the appropriate plan revisions shall be promptly submitted to the City Engineer for review and approval. 22. The issuance of this permit by the City of Temecula does not imply or provide any clearances from state or federal agencies regulating the provisions of state or federal endangered species acts or water quality regulations. The Contractor/Owner/Developer is responsible for obtaining the appropriate clearances from these agencies prior to any site disturbances or grading. Revised 04/07/2004 APPENDIX G Agreement to Obtain Grading Permit for Lots on Dirt Roads Affecting Real Property 42 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, CMC City Clerk P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 MAIL TAX STATE MENTS TO: CITY OF TEMECULA 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27393 Space above this line for Recorder's Use Only AGREEMENT TO OBTAIN GRADING PERMIT FOR LOTS ON DIRT ROADS AFFECTING REAL PROPERTY THIS AGREEMENT is made and entered into as of 20L, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "City" and hereinafter referred to as "Owner." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. RECITALS. This Agreement is made and entered into with respect to the following facts, which are acknowledged as true and correct by the parties hereto: a. Developer is the owner of real property (the "Property") located at , Temecula, California, which is more particularly described on Exhibit A, Legal Description, attached hereto and incorporated herein as though set forth in full ('Property"). b. Owner is desirous of obtaining approval of a Grading Permit from the City to grade a located at C. The General Plan along with City Improvement Standard Drawings classify streets and provide for construction standards, respectively that affect those streets dedicated to the City in the general area of Property. d. The City has determined that habitable structures having access from dirt roads present a clear threat to the public health and safety due to a lack of reliable and or timely access by emergency vehicles. In addition, California Fire Code section 903 requires " All Weather Access" be provided prior to construction of any structure. Allowing people to build individual dwelling units without making the road improvements as required of subdivision tracts continues to exacerbate this potentially life threatening problem. Once structures are built on these dirt roads, residents are typically hesitant to contribute to paved street improvements citing that they were allowed to build, but not understanding that it is not the City's responsibility to make the road improvements to enhance their property. REVISED: 1/1/2004 C. Owner warrants and represents that it is the sole owner of the Property and that no other person or persons hold any legal or equitable interests in the Property, including deeds of trust or liens. Section 2. AGREEMENT TO ISSUE GRADING PERMIT. As a condition of issuing a grading permit the applicant agrees to sign an Agreement to Participate in Assessment District Affecting Real Property for the construction of and further agrees that a building permit will not be issued until such time that an all weather access road is constructed from the drive access serving the lot to an acceptable improved paved road. The design of the all weather access road shall be approved by the Director of Public Works/City Engineer and the Temecula Fire Prevention Bureau. The City Council may establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism that may include the construction of at some time in the future. The applicant agrees that the issuance of a grading permit does not obligate the City to construct the all weather access road or to establish an assessment district, community facilities district, bridge and thoroughfare fee district, or a similar fair and appropriate financing mechanism for the construction of Section 3. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Owner. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to the Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. Section 4. TIMING. This Agreement shall be submitted prior to issuance of a grading permit. The Owner agrees he shall submit this completed, signed, and notarized agreement prior to obtaining a grading permit. Section 4. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. Section 5. BINDING EFFECT. a. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of the City in carrying out its statutory responsibilities under California law and to enforce the provision of the Temecula General Plan. The covenants contained in this Agreement shall be binding for the benefit of the City and its successors and assigns, and such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. b. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Section 6. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing parry in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. REVISED: 1/1/2004 Section 7. NOTICES. Any notices or other correspondence between the parties shall be sent to the following unless either parry gives the other notice of a change of address: CITY OF TEMECULA Shawn D. Nelson, City Manager P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 OWNER Notice shall be effective upon personal delivery, delivery by courier service or three business days following deposit in the United States Mail, postage prepaid, certified. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson City Manager ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson CityAttorney OWNER REVISED: 1/1/2004 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 20_, before me, personally appeared [ ] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER [ ] INDIVIDUAL(S) [ ] OFFICER(S) (TITLE[S]): [ ] PARTNER(S) [ ] ATTORNEY -IN -FACT [ ] TRUSTEE(S) [ ] SUBSCRIBING WITNESS [ ] GUARDIAN/CONSERVATOR [ ] OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies): ITEM 12 ORDINANCE 04-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMS (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, that an amendment to the contract between the City Council of the City of Temecula and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. WHEREAS, the Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. WHEREAS, this ordinance shall take effect 20 days after the date of its adoption, and prior to the expiration of 20 days from the passage thereof shall be published at least once in the Californian, a newspaper of general circulation, published and circulated in the City of Temecula and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 111h day of May, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk (SEAL] RJOrds 2004/Orris 04-05 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 20t' day of April, 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 111' day of May, 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN; 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2004/Orris 04-05 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CaIPERS (225-7377) CERTIFICATION OF EMPLOYEE ELECTION I hereby certify that the following employees of the City of Temecula have expressed their approval or disapproval of said agency's intention to amend its contract to provide Section 21354.4 (2.5% @ 55 Full formula) on the basis described in the Resolution of Intention adopted by said agency's governing body on April 20 , 2004 , in such manner as to permit each employee to separately and secretly express his choice and that the outcome of such election was as follows: Number of Number of votes employees approving said eligible to vote participation Local Miscellaneous Members as defined in Govt. Code Section 20383 170 134 Clerk or Secretary Date (Amendment) PERS-CON-15 (Rev. 9/03) Number of votes disapproving said participation CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the City Council ofthe (governing body) :y of Temecula (public agency) on which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Clerk/Secretary Title Date PERS-CON-12A (rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council ofthe (governing City of Temecula (public agency) on (date) Clerk/Secretary Title PERS-CON-12 (rev. 1/96) TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 20, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:29 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 3 DIRECTORS: Comerchero, Stone, Washington ABSENT: 2 DIRECTORS: Naggar, Roberts Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 2 3 1.1 Approve the minutes of April 13, 2004. RECOMMENDATION: 2.1 Accept the construction of the Children's Museum Building Shell Improvements — Project No. PW02-01 CSD as complete; 2.2 File the Notice of Completion, release the Performance Bond, and accept a one- year Maintenance Bond in the amount of 10% of the contract; 2.3 Release the Labor and Materials bond seven months after the filing of the Notice of Completion if no liens have been filed. Amendment No. 1 to the fourth of July Fireworks Presentation Contract RECOMMENDATION: 3.1 3.2 Award Amendment No. 1 to contract with Pyro Spectaculars, Inc., extending the term of the current agreement to add two calendar days; Approve an amount of $30,000 for preparation and display; Minutes.csdk042004 3.3 Approve a 10% contingency for an amount no to exceed $3,000. 4 Temecula High School Gymnasium Joint Use Agreement RECOMMENDATION: 4.1 Approve in substantial form the Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District for a Gymnasium at Temecula Valley High School. It was noted by City Attorney Thorson that because the proposed recommendation does not pertain to the operation of the museum and that the action would primarily be ministerial, Director Comerchero may vote with regard to Item No. 2 (Children's Museum). MOTION: Director Comerchero moved to approve Consent Calendar Items No. 1-4. The motion was second by Director Stone and electronic vote reflected approval with the exception of Directors Naggar and Roberts who were absent. DEPARTMENTAL REPORT No additional comment. DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comment. ADJOURNMENT At 7:31 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 11, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary Minutes.c M042004 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER tAf TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM:Herman Parker, Director of Community Services illiam G. Hughes, Director of Public Works/City Engineer DATE: May 11, 2004 SUBJECT: Sports Complex, Project No. PW01-17CSD Approval of the Plans and Specifications and Authorization to Solicit AConstruction Bids PREPARED BY: 4fDAmerAttar, Principal Engineer 0NtLVard Maxwell, Associate Engineer RECOMMENDATION: That the Board of Directors approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Sports Complex (at Pechanga Parkway and Deer Hallow), Project No. PW01-17CSD. BACKGROUND: The City's consultant, RJM, has completed the plans and specifications for the Sports Complex (at Pechanga Parkway and Deer Hallow), Project No. PW01- 17CSD. The Project is identified in the Capital Improvement Program for Fiscal Years 2004-2008. The project Base Bid items will construct four lighted baseball fields, four lighted soccer fields, a concession stand, two restroom structures, a maintenance building, tot lot/playground, picnic areas, barbecues, benches, drinking fountains, lighted walkways and approximately 460 parking spaces. The project Additive Bid items will construct four lighted basketball courts, shade structures at the picnic area adjacent to playground and soccerfields, ball fields, concession/restrooms, in addition to the installation of perennial ryegrass overseed in hybrid Bermuda turfgrass at the ball fields. The specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The contract documents are available for review in the City Engineer's office. The Engineer's Construction Estimate is $12,056,410 for the base bid items and $ 592,335 for the additive bid items. Staff will evaluate the bids once they are received and will bring their recommendations concerning the additive bid items to the Board at the time of the contract award. Staff is currently working on hiring a supplier/contractor to furnish and install the synthetic turf soccer fields. These fields will be constructed under a separate contract. The contract documents for the sports complex require the contractor to grade the sites of the synthetic turf and coordinate with the installer. The Engineer's Estimate for the synthetic soccer fields is $ 3,000,000. FISCAL IMPACT: The Sports Complex is a Capital Improvement Project and is funded through Development Impact Fee — Parks & Recreation and Quimby, Certificates of Participation Bond Proceeds, Capital Project Reserves, Proposition 40, and the Wolf Creek Community Facilities District. Sufficient funds are appropriated to cover the estimated construction costs. RMGENDA REPORTS@00410511041PW01-17CSDBID.DOC ATTACHMENTS: 1. Project Locations 2. Project Descriptions RAAGENDA REPORTS12004\0511041PW01-17CSDBID.DOC yC W a 0 V a 0 a m d :. .. F u ram, a z� h N ( § E k / k \ ■ }� \ / d ] f.C4§§\a/ �* kQ CD CD )�J \ #/It Q co )� \ A. k �//J// 0§\ ///u/wuw \|\ ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINAL CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: May 11, 2004 SUBJECT: Award the Construction Contract for Project No. PW02-02 Pablo Apis Park Add Amenities PREPARED BY: William G. Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer �d�]uL4L�.lJt��[�]:��iFtiiiLaY.F7Ti51�]R-�. i.7�3i Award a construction contract for Project No. PW02-02 Pablo Apis Park Add Amenities, to Vido Samarzich, Inc. in the amount of $327,081.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $32,708.10, which is equal to 10% of the contract amount. 3. Approve a budget transfer in the amount of $90,000.00 from the Rancho California Sports Park Channel Silt Removal project to the Pablo Apis Park Add Amenities Project, to cover construction and administrative costs. BACKGROUND: On November 25, 2003 the Board of Directors approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The Pablo Apis Park is part of the Vail Ranch area, which was recently annexed into the City. Currently the existing park does not meet the Temecula Community Services District's standards. This project adds the various park amenities that will bring the park up to City standards. The project involves site demolition, removal and disposal of unsuitable material and adds various park amenities including but not limited to a tot lot, picnic shelters, tables, benches, walkways, drinking fountain, trash receptacles, park sign, play area signs, landscaping, irrigation system, wood fiber and other ancillary work. Three (3) bids were received and publicly opened on Tuesday, April 13, 2004. The results were as follows: 1. Vido Samarzich, Inc. 2. South West General Contractors 3. Grand Pacific Contractors $327,081.00 $330,000.00 $366,497.45 RAAGENDA REPORTS\2004\051104\PW02-02AWARD.DOC A copy of the bid summary is available for review in the City Engineer's office Staff has reviewed the bid proposals and found Vido Samarzich, Inc. of Alta Loma, California to be the lowest responsible bidder for this project. Staff has contact references and determined that Vido Samarzich, Inc. has satisfactorily performed similar type of work in other cities. The Engineer's estimate for this project was $277,000.00. The specifications allow sixty (60) working days for the completion of this project. FISCAL IMPACT: The Pablo Apis Park Add Amenities Project is a Capital Improvement Program Project funded through Development Impact Fees — Parks and Recreation. The transfer of $90,000.00 from the Rancho California Sports Park Channel Silt Removal Project is necessary to cover the construction and administrative costs for this project. The total project construction cost is $359,789.10 which includes the contract amount of $327,081.00 plus 10% contingency amount of $32,708.10. ATTACHMENT: 1. Project Location 2. Project Description 3. Contract RAGENDA REPORTS\2004\051104\PW02-02AWARD.DOC T r eo w I I I W Oy m a 5 O O 0 F! W w H o cm o 000 o O o 0 08�C "o U p N M U 64 69 69 69 CD 0 r 0 0 N O O N b O N O O O N O O O O C O O / v O OM r ~ O O N M N vq Ea vj 6'3 O O O O y d 0 0 0 0 q vl n O O OIO � In [t M will I TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW02-02 PABLO APIS PARK ADD AMENITIES THIS CONTRACT, made and entered into the IIth day of May, 2004 by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and Vido Samarzich, Inc., hereinafter referred to as "CONTRACTOR." W ITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02- 02, PABLO APIS PARK ADD AMENITIES, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (latest Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW02-02, PABLO APIS PARK ADD AMENITIES. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714)517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW02- 02, PABLO APIS PARK ADD AMENITIES. 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. CONTRACT C-1 RACIPIPROJECTMPW021PW02-02 Park Site C1Contract.doc 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. U nless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 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. PW02-02, PABLO APIS PARK ADD AMENITIES All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. 3. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED TWENTY SEVEN THOUSAND EIGHTY ONE DOLLARS and NO CENTS ($327,081.00 ), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Sixty (60) working days, commencing with delivery of a Notice to Proceed by the DISTRICT. Construction shall not commence until bonds and insurance are approved by the DISTRICT. 5. CHANGE O RDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. 6. 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. CONTRACT C-2 RACIPTROJECTSTW021PW02-02 Park Sde=ontraddoc 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 DIRECTORS, 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 o r a bout the thirtieth (30th) d ay o f each successive month a s t he work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. 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 Board 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 the DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by the DISTRICT. CONTRACTOR is required to promptly notify the DISTRICT of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to the DISTRICT, 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 DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT C-3 R:ICIPIPROJECTSNW021PW02-02 Park Site ClContraadoc 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Directors has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the DISTRICT, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 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 the DISTRICT, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to the DISTRICT'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 District officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General 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. CONTRACT C-4 R:\CIP\PROJECTS\PW02\PW02-02 Park Site C\Contrad.doc 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 the DISTRICT. 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 DISTRICT. 17. INSPECTION. The work shall be subject to inspection and testing by the DISTRICT and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 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 District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Temecula Community Services District of 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 Temecula Community Services District 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 Temecula Community Services District 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 Temecula Community Services District of 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. CONTRACT C-5 RICIPPROJECTS\PW021PW02-02 Park Site MContracldoc 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: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-6 RACIPIPROJECTSNW02WW02-02 Park Site ClContract.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: CONTRACTOR Vido Samarzich, Inc. 4972 Crestview Place Alta Loma, CA 91701 (909) 987-6377 Vido Samarzich, President Print/Type Name Print/Type Title (Two Signatures of Corporate Officers Required for Corporations) APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President CONTRACT C-7 RACIPIPROJECTMPW02TW02-02 Park Site MContract.doc ITEM 4 APPRO CITY ATTORNEY DIRECTOR OF FINACE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: May 11, 2004 SUBJECT: First Amendment to the Excel Landscape, Inc. Maintenance Services Contract PREPARED BY: /"Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: The Board of Directors: 1. Approve the First Amendment to the contract with Excel Landscape, Inc. to include the landscape maintenance services of sports parks, north slope areas and to allow for the addition of supplemental landscape maintenance service areas/sites. Authorize the expenditure of $406,205.00 for landscape maintenance services for sports parks, north slopes and supplemental landscape maintenance service areas/sites, and approve 15% contingency for extra work items in the amount of $60,930.00. BACKGROUND: The Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Landscape Maintenance Services on March 11, 2003. The TCSD received six (6) proposals, which were evaluated to determine qualifications and to assess the competitiveness of their pricing. Staff interviewed representatives from the five (5) qualified bidders in order to determine each company's ability to provide the services required in the City of Temecula. On June 10, 2003 contracts were awarded to Mariposa Horticultural Enterprises, Inc., Pierre Sprinkler and Landscape and American Landscape Management, Inc. Mariposa Horticultural Enterprises and Pierre Sprinkler and Landscape were not able to satisfy all of the requirements of their contracts and as a result of this, both Pierre Sprinkler and Landscape and Mariposa Horticultural Enterprises contracts were terminated effective December 31, 2003. On November 25, 2003 the Board of Directors awarded contracts to Midori Gardens, Inc. and Excel Landscape, Inc. to take over landscape maintenance services for these areas effective January 1, 2004. Both Midori Gardens, Inc. and Excel Landscape, Inc. provided proposals in March 2003. Midori Gardens, Inc. was awarded a 36 month contract to provide landscape maintenance services RdHARRINGKIAGENDA.RPTCC LS MANT SERVICES 2003-04 Excel LS Amend.doc for neighborhood parks and Excel Landscape, Inc. was awarded a 36 month contract to provide landscape maintenance services for medians, facilities and south slopes. To date both contractors have provided excellent services to the TCSD. The original remaining contractor, American Landscape Management, Inc. has not been able to consistently provide an acceptable level of landscape maintenance services and is not able to satisfy the requirements of their contract. Staff has tried to work with this contractor to improve their performance without success. Upon careful consideration staff has determined it would best serve the TCSD to terminate the contract with American Landscape Management, Inc. effective May 31, 2004. Both Midori Gardens, Inc. and Excel Landscape, Inc. provided proposals in March 2003 as stated above. Staff has discussed the proposed prices and the terms of the agreement for the sports parks and north slope areas with both contractors. Excel Landscape Inc. provided the most competitive pricing and has extensive experience in both areas. We feel the prices and terms established with them are well within the industry standard to perform the required landscape maintenance services. As a result staff is recommending that the Board of Directors approve the First Amendment with Excel Landscape, Inc. which will add the specified landscape areas to their existing Landscape Maintenance Services Contract and allow for the Director of Community Services to approve the addition of supplemental landscape maintenance service areas/sites. NEW SERVICE AREAS Sports Parks/School Sites North Slope Areas (Including Supplemental Sites) Supplemental South Slope Sites Staff is also recommending that the standard 10% contingency for extra work items be increased to 15% to ensure an adequate authorization of funding is available should these maintenance areas required additional services upon turn over to the new contractors. These additional monies, if needed, will be withheld from the previous contractor, American Landscape Management Inc. in the form of liquidated damages for substandard performance. FISCAL IMPACT: The cost of the First Amendment for services to be provided through December 31, 2004 is $406,205, plus an additional fifteen percent (15%) contingency of $60,930. Sufficient funds have been included in the TCSD Budgets for FY 2003-04 and FY 2004-05 in accounts: 190-180-999-5415 193-180-999-5415 Attachments: 1) Excel Landscape, Inc. Executed Contract 2) Excel Landscape, Inc. First Amendment R:\HARRINGKIAGENDA.RPTNCC LS MAINT SERVICES 2003-04 Excel LS Am .dAm FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 11, 2004 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape Inc. ("Contractor'). 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 November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $480,350 annually. B. The parties now desire to increase the payment for additional services in the amount of $406,205 and amend the Agreement as set forth in this Amendment. Section 3 PAYMENT of the Agreement is hereby amended to read as follows: a. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Four Hundred Six Thousand Two Hundred Five and 00/100 dollars ($406,205) through December 31, 2004 for the additional landscape maintenance service areas for a total annual contract amount, of Eight Hundred Eighty Six Thousand Five Hundred Fifty Five and 00/100 dollars ($886,555). All subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the consumer Price Index (CPI) of Riverside County on January 1st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. Contractor shall submit invoices monthly for actual services performed detailing the worked performed in a form acceptable to the Director of Finance. 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 Contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth in the invoice. C. The City Manager may approve additional payment not to exceed the 15% contingency. Also, the City Manager may approve change orders up to the 15% contingency amount. R:\HARRINGK\AGREEMNT\Excel First Amendment 03-04.doc 3. Director of Community Services District on behalf of District may add new areas to be maintained by Contractor in accordance with the specifications and terms of this Agreement. District shall pay Contractor for such new areas at the rates set forth in Exhibit A, which is attached hereto and incorporated herein as though set forth in full. 4. Director of Community Services may execute an Amendment to this Agreement to reflect the new areas. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R \HARRINGMAGREEMNInExcel First Amendment 03-04.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: In Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. Jose A/faro, President 710 Rimpau Ave, Suite 108 Corona CA 92879 (909) 735-9650 (909) 735-0469 (Fax) AN NAME: TITLE: 9W NAME: TITLE: (Two Signatures Required For Corporations) R:\HARRINGK\AGREEMNT\Excel First Amendment 03-04.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name Monthly Price Annual Price SP-1 Rancho California Sports Park $9,907.00 $118,884.00 SP-2 Paloma Del Sol Park $4,316.00 $ 51,792.00 SP-3 Pala Community Park $2,686.00 $ 32,232.00 SP-4 Kent Hintergardt Park $4,087.00 $ 49,044.00 SP-5 Margarita Community Park (TES) $3,879.00 $ 46,548.00 SP-6 Temeku Hills Park $4,325.00 $ 51,900.00 SC-1 Temecula Middle School $ 421.00 $ 5,052.00 SC-3 James L. Day Middle School $ 503.00 $ 6,036.00 SC-6 Vail Ranch Middle School $ 838.00 $ 10,056.00 SC-7 Paloma Elementary School $ 838.00 $ 10,056.00 SC-8 Pauba Valley Elementary School $ 419.00 $ 5,028.00 TOTAL $32,219.00 $386,628.00 Authorized Signature R:\HARRINMAGREEMN'RExcel First Amendment 03-04.doc 4 EXHIBIT A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthly Price Annual Price M-01 Rancho California Road Medians $ 614.00 $ 7,368.00 M-02 Ynez Road Medians 664.00 7,968.00 M-03 Butterfield Stage Road Medians 147.00 1,764.00 M-04 Margarita Road Medians (North) 688.00 8,256.00 M-05 Margarita Road Medians (South) 147.00 1,764.00 M-06 Winchester Road at Jefferson Median 147.00 1,764.00 M-07 Pechanga Parkway Medians 147.00 1,764.00 M-08 Meadows Parkway Medians (North) 688.00 8,256.00 M-09 Paseo Del Sol Medians 688.00 8,256.00 FW-1 Interstate 15 3,682.00 44,184.00 TOTAL $7,612.00 $91,344.00 Authorized Signature RMARRINGMAGREEMN"nExcel First Amendment 03-04.doc 5 EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthly Price Annual Price F-1 Community Recreation Center $ 1,730.00 $ 20,760.00 F-2 Mary Phillips Senior Center 571.00 6,852.00 F-3 City Hall/Maintenance Facility 1,400.00 16,800.00 F-4 Temecula Community Center 365.00 4,380.00 F-5 Fire Station #84 561.00 6,732.00 F-6 Old Town Temecula 1,581.00 18,972.00 F-10 Temecula Children's Museum 300.00 3,600.00 F-20 Fire Station #92 178.00 2,136.00 TOTAL $6,686.00 $80,232.00 Authorized Signature R:\HARRINGIMGREEMN'RExcel First Amendment 03-04.doc 6 EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthly Price Annual Price S-3 Rancho Highlands $ 1,450.00 $ 17,400.00 S-8 The Villages A and B 6,476.00 77,712.00 S-12 Vintage Hills 4,242.00 50,904.00 S-13 Presley (Viranda, Country Glen, Bridlevale) 1,317.00 15,804.00 S-16 Tradewinds 845.00 10,140.00 S-20 Crowne Hill 1,338.00 16,056.00 *S-20A Crowne Hill (Phase 2 & 3) 4,456.00 53,472.00 S-21 Vail Ranch 10,063.00 120,756.00 *S-23 Pheasant Run 260.00 3120.00 TOTAL $ 30,447.00 $ 365,364.00 (* New Sites effective July 1, 2004) Authorized Signature RMARRINGK\AGREEMNnEzcel First Amendment 03-04.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # Site Name Monthly Price Annual Price S-1 Saddlewood/PaviIlion Point $2,291.00 $27,492.00 S-2 Winchester Creek I and II $1,529.00 $18,348.00 S-4 The Vineyards $ 332.00 $ 3,984.00 S-5 Signet Series $3,502.00 $42,024.00 S-6 Woodcrest Country $ 801.00 $ 9,612.00 S-7 Ridgeview $ 949.00 $11,388.00 S-9 Rancho Solana $ 58.00 $ 696.00 5-10 Martinique $ 285.00 $ 3,420.00 S-11 Meadowview Estates $ 183.00 $ 2,196.00 S-14 Mirada $ 517.00 $ 6,204.00 S-15 Barclay Estates $ 540.00 $ 6,480.00 S-17 Monte Vista $ 81.00 $ 972.00 S-18 Temeku Hills $4,523.00 $54,226.00 S-19 Campos Verdes $2,172.00 $26,064.00 S-22 Sutton Place/Lennar $ 225.00 $ 2,700.00 *S-24 Harveston (Phase 1) $2,450.00 $29,400.00 *S-25 Serena Hills $1,960.00 $23,520.00 TOTAL $22,398.00 $268,776.00 (*New Sites effective July 1, 2004) Authorized Signature R:\HARRINGK\AGREEMNTEzcel First Amendment 03-04.doc EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot Monthly Annually .0119 .1428 sq. ft. .01 .12 sq. ft. .008 .096 sq. ft. .015 .18 sq. ft. .015 .18 sq. ft. .004 .048 sq. ft. 967.50 11,610.00 perfld. *928.80 11,145.60 perfld. Up to three (3) fields for same amount. Authorized Signature RAHARRINGMAGREEMNT1Excel First Amendment 03-04.doc EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) Unit Cost 1. Mowing (Including bagging of clippings) $ .002 sq. ft. 2. Edging .05 linear ft. 3. String Trimming .10 linear ft. 4. Aerification (Core/3") .002 sq. ft. 5. Aerification (Deep Tine/6") N/A sq. ft. 6. Weed Removal (Manual) 20.00 per man hr. 7. Pest Control (Manual) 35.00 per man hr. 8. Fertilization (Placement only) .001 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ .15 linear ft. 2. Trimming (Shrubs, Ground Cover) .02 sq. ft. 3. Pruning/Shrubs, Vines, Roses .04 sq. ft. 4. Pruning/Trees (To 18') 40.00 each 5. Weed Removal (Manual) 20.00 per man hr. 6. Pest Control (Manual) 35.00 per man hr. 7. Fertilization (Placement only) .002 sq. ft. 8. Vegetation Removal .02 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) $ 1.50 each 2. Ground Cover 20.00 flat 3. One (1) Gallon 6.00 each 4. Five (5) Gallon 18.00 each 5. Fifteen (15) Gallon 75.00 each 6. 24" Box Tree 200.00 each 7. Seeded Turf .15 sq. ft. 8. Sodded Turf .85 sq. ft. 9. Hydroseed .10 sq. ft. 10. Soil Preparation (Existing area) .20 sq. ft. 11. Soil Preparation (New area) .15 sq. ft. 12. Wood Mulch 35.00 cu. yd. IV. Irrigation System Maintenance 1. Inspection $ 40.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 35.00 per hr. 3. Parts 20% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 200.00 each 2. Qualified Applicator (QAC) 45.00 per hr. 3. Trained Applicator 35.00 per hr. 4. Material 20% mark-up R:\HARRINGK\AGREEMNnExce1 First Amendment 03-04.doc D3.287 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of November 25, 2003, by and between the Temecula Community Services District ("City"), ancL Excel Landscape Inc. ("Contractor'). in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on January 1. 2004 and shall remain and continue in effect until December 31. 2006 unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right to extend this agreement for an additional twenty four (24) months within sixty (60) days prior to its expiration. 2. SCOPE OF WORK. Contractor shall perform all of the work described in Exhibit A and as described in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003 ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, 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 Four Hundred Eighty Thousand Three Hundred Fifty and 00/100 dollars ($ 480,350.00 ) annually. All Subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. 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 contractors fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice. b. The City Manager may approve additional payment not to exceed the 15% contingency. Also, the City Manager may approve change orders up to the 15% contingency amount. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. RAHARRLNGK\AGREEMNT\Minor Maintenance 2003 - Excel Landscape.doc 5. CITY APPROVAL furnished and work performed authorized representatives. All labor, materials, tools, equipment, and services shall be and completed subject to the approval of the City or its 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City 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. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. c. The Contractor may terminate this agreement with 120 days written notice to the City. This correspondence must be delivered to the Maintenance Superintendent. 9. LIQUIDATED DAMAGES; SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (100%) of the monthly value of a site for nonperformance and up to sixty percent (60%) of the monthly value of a site for substandard performance. Such penalties shall be assessed at the discretion of the City. Contractor shall be noted of any penalties in accordance with the terms of this Contract. b. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification". R:WARRNGK\AGREEMN DMinor Maintenance 2003 - Excel Landscape.doc Said notice will serve as formal notification that Contractor has incurred a service deficiency sufficiently material that a payment reduction or contract termination may result if Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable time period for service correction (24 hours to 7 days). Upon re -inspection of the deficiency, the correction will either be accepted or rejected by the City. If accepted, part or all of the penalties may be waived, regardless of whether City has incurred loss as a result of said service failure. Contractor will be notified of correction acceptance status by delivery of a "Performance Deficiency Status Memorandum". Should correction not be accepted, a separate additional Performance Deficiency Notification may be delivered to Contractor, thus incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which R:\HARR1NGK\AGREEMN7NMinm Maintenance 2003 - Excel Landscape.doc may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (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. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 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. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. 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. d. Verification of Coverage. Contractor 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. All endorsements are to be received and approved by the City before work commences. e. Contractor, 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. TIME OF THE ESSENCE. Time is of the.essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, R:WARRAIGKtAGREEMNrMinor Maintenance 2003 - Excel r.andscape.doc ( .) except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of Its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for Injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to full in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. 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 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. 19. 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. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. RAHARRINOWAGREEMNIWinor Maintenance 2003 - Excel Landscgw.doc 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in Its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (t) personal service, (it) 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 92590 Attention: City Manager To Contractor: Excel Landscape Inc. 710 Rimpau Ave Corona, CA 92879 (909) 735-9650 (phone) (909) 735-0469 (fax) 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 27. 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. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of Its obligations hereunder. R:\HARRNGK\AGREEMNT\Minm Maintenance 2003 - Excel LandscapeAcc () IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. SERVICES DISTRICT Pleter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. (Two Signatures Required for Corporations) R:WARRINMAGREEMNrAlinor Maintenance 2003 . Excel Landscape.doc Exhibit A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthly Price Annual Price M-01 Rancho California Road Medians 614.00 7,368.00 M-02 Ynez Road Medians 664.00 7,968.00 M-03 Butterfield Stage Road Medians 147.00 1,764.00 M-04 Margarita Road Medians (North) 688.00 8,256.00 M-05 Margarita Road Medians (South) 147.00 1,764.00 M-06 Winchester Road at Jefferson Median 147.00 1,764.00 M-07 Pechanga Parkway Medians 147.00 1,764.00 M-08 Meadows Parkway Medians (North) 688.00 8,256.00 M-09 Paseo Del Sol Medians 688.00 8,256.00 FW-1 Interstate 15 3,682.00 44,184.00 TOTAL $7,612.00 $91,344.00 Authorized Signature R:\HARRNGK\AGREEMNPMinorMaintenance 2003 -Excel Landscape.doc Exhibit A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthly Price Annual Price F-1 Community Recreation Center 1,730.00 20,760.00 F-2 Mary Phillips Senior Center 571.00 6,852.00 F-3 City Hall/Maintenance Facility 1,400.00 16,800.00 F-4 Temecula Community Center 365.00 4,380.00 F-5 Fire Station #84 561.00 6,732.00 F-6 Old Town Temecula 1,581.00 18,972.00 F-10 Temecula Children's Museum 300.00 3,600.00 F-20 Fire Station #92 178.00 2,136.00 TOTAL $6,686.00 $80,232.00 Authorized Signature R:0ARRfNGKWGREEMN \Minm Maintenance 2003 - Excel La dscape.doc Exhibit A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthly Price Annual Price S-3 Rancho Highlands 1,450.00 17,400.00 S-8 The Villages A and B 6,476.00 77,712.00 S-12 Vintage Hills 4,242.00 50,904.00 S-13 Presley (Viranda, Country Glen, Bridlevale) 1,317.00 15,804.00 S-16 Tradewinds 845.00 10,140.00 S-20 Crowns Hill 1,338.00 16,056.00 S-21 Vail Ranch 10,063.00 120,756.00 TOTAL $ 25,731.00 E 308,772.00 Authorized Signature R,\HARRNGKWGREEMN %Minor Maintenance 2003 • Excel lendscape.doc Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes balifield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot Monthly Annually .0119 .1428 sq. ft. .01 .12 sq. ft. .008 .096 sq. ft. .015 .18 sq. ft. .015 .18 sq. ft. .004 .048 sq. ft. 967.50 11,610.00 per field *928.80 11,145.60 per field Up to three (3) fields for same amount. Authorized Signature RVIARRINMAGREEMN Winor Maintenance 2003 - Excel Landscape.doc Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) Unit Cost 1. Mowing (Including bagging of clippings) $ .002 sq. ft. 2. Edging .05 linear ft. 3. String Trimming .10 linear ft. 4. Aerification (Core/3") .002 sq. ft. 5. Aerification (Deep Tine/6") N/A sq. ft. 6. Weed Removal (Manual) 20.00 per man hr. 7. Pest Control (Manual) 35.00 per man hr. 8. Fertilization (Placement only) .001 sq, ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up It. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ .15 linear ft. 2. Trimming (Shrubs, Ground Cover) .02 sq. ft. 3. Pruning/Shrubs, Vines, Roses .04 sq. ft. 4. Pruning/Trees (To 18') 40.00 each 5. Weed Removal (Manual) 20.00 per man hr. 6. Pest Control (Manual) 35.00 per man hr. 7. Fertilization (Placement only) .002 sq. ft. 8. Vegetation Removal .02 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) $ 1.50 each 2. Ground Cover 20.00 flat 3. One (1) Gallon 6.00 each 4. Five (5) Gallon 18.00 each 5. Fifteen (15) Gallon 75.00 each 6. 24" Box Tree 200.00 each 7. Seeded Turf .15 sq. ft. 8. Sodded Turf .85 sq. ft. 9. Hydroseed .10 sq.ft. 10. Soil Preparation (Existing area) .20 sq. ft. 11. Soil Preparation (New area) .15 sq. ft. 12. Wood Mulch 35.00 cu. yd. IV. Irrigation System Maintenance 1. Inspection $ 40.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 35.00 per hr. 3. Parts 20% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 200.00 each 2. Qualified Applicator (QAC) 45.00 per hr. 3. Trained Applicator 35.00 per hr. 4. Material 20% mark-up R:WARRANGK\AGREEMN Minor Maintenance 2003 - Excel Landscape.dw REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY APRIL 20, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:31 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 3 AGENCY MEMBERS: Stone, Washington, and Comerchero ABSENT: 2 AGENCY MEMBERS: Naggar, Roberts Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of April 13, 2004. MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Members Naggar and Roberts who were absent. DEPARTMENTAL REPORT No additional comment. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. R: wl i n u to s. rd a\ 042 004 ADJOURNMENT At 7:31 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 11, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] R: Minules.rda\042004 ITEM 13 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 14 William G. Hughes, Director of Public Works/City Engineer DATE: May 11, 2004 SUBJECT: Winchester Road Widening, Jefferson Avenue Medians Project No. PW00-27 PREPARED BY: Amer Attar, Principal Engineer Ward Maxwell, Associate Engineer RECOMMENDATION: The City Council receive and file status update for the construction of the median on Jefferson Avenue, just north of Winchester Road as presented by staff at the April 20, 2004 meeting. BACKGROUND: At the April 20, 2004 meeting, City Council approved the Environmental Assessment for the Winchester Road Widening (Jefferson Medians) Project No. PW0027. During the meeting, City Council directed staff to report back to the Council at the May 11, 2004 meeting, regarding the traffic analysis being performed by the consultant hired by the business and property owners. At the time of preparation of this report, staff has not received any information from the consultant or the business and property owners related to the traffic study and the median design. If staff receives this information prior to this meeting the City Engineer will report the findings at the meeting. FISCAL IMPACT: None R:WGENDA REPORTS�2004W511NTW00-27m ians.DOC ITEM 14 APPROV CITY ATTORNEY Aer— DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Gary Thornhill, Deputy City Manage DATE: May 11, 2004 SUBJECT: POTENTIAL USES FOR RECENTLY ACQUIRED PROPERTY IN OLD TOWN PREPARED BY: Gary Thornhill, Deputy City Manager RECOMMENDATION: That the City Council provide direction to staff on public use alternatives for the recently acquired properties in Old Town. BACKGROUND: Over the past several months, the City has been acquiring property in the vicinity of Main Street and Mercedes Street in Old Town. Although no decisions have been made regarding the ultimate uses for the property, the City has contemplated such uses as parking, public spaces, and other civic uses. One of our primary goals in this process was to recommend to the Council, land uses that would complement and benefit the existing fabric of the community. To this end, the Council, at the meeting of March 16, 2004, directed staff to develop a list of options that might be suitable for the property. Further, the City Council directed staff to explore options with respect to the historic structures on the property. Council then directed staff to report back within 45 — 60 days on the potential uses for the property. In pursuit of that direction, staff has investigated many options some of which include additional parking for the Old Town area, passive parks or a plaza, or public buildings. Our process included reviewing the Old Town Specific Plan and the 1998 Market Assessment for Old Town Temecula by Keyser Marston Associates (KMA). We also performed an inventory of the site to determine what would provide the most logical use or uses given the proximity to the freeway; noting that noise would impact the site and dictate against noise sensitive uses. In accordance with Council direction, staff examined several alternatives for the property. Some of these alternatives include: R:\BROWNS\OT Civic CenteACITY COUNCIL STAFF REPORT OLD TOWN 5-11-04.doc1 • Public Parking Lots and/or Structures • Parks, Open Spaces, Plazas • Public Facilities DISCUSSION Status of the Historical Structures Before we discuss the potential land uses, Council directed staff to address the status of the historical structures. Portions of the recently acquired property in Old Town contain structures that are listed on the Old Town Local Historical Register. The Escalliar House and a barn located on Main Street are on this register. Recognizing their significance, the City encourages the preservation of Temecula's historical past. The aim is to allow recognized properties to be maintained and to discourage their destruction. Both of these structures could be in the path of future construction and a program for their possible relocation has been discussed with the museum and historical society. Over the past two weeks staff has met with representatives from the Temecula Valley Museum Board of Directors as well as the Temecula Historical Society. The Temecula Valley Museum Board of Directors have all been informed of the concept of relocating the Escallier house and barn to Sam Hicks Monument Park. The Board of Directors for the museum support the relocation of the house and barn to Sam Hicks Monument Park; and further stated that they feel these two historical structures will receive more attention and can be appreciated more by the community at a new location within the park than they can in their current location. The Museum Board has submitted a request of items for the City to consider during the relocation process and staff will work with the Board to address as many of these concerns as possible. Staff has also met with the president of the Historical Society. The president's initial comments relating to the relocation of the Escallier house and barn to Sam Hicks Monument Park were positive and supportive. Staff will assist the president in presenting this concept to the entire Board of the Historical Society. Public Parking Parking in Old Town is an issue that is addressed in the Old Town Specific Plan and is critical for the successful redevelopment of Old Town. Since the adoption of the Specific Plan, the need for alternative parking strategies has been suggested. Looking to the future, staff explored several approaches and considered the use of a parking structure as a viable alternative to surface parking. In staff's opinion, this is a vital component of the project, as adequate parking will become a greater challenge as Old Town redevelops. Currently the City has developed parking on the north, south and western sections of Old Town. The new properties offer a key location for parking within the middle section of Old Town. Provisions for on site parking in certain commercial zones in Old Town were eliminated in 1998; moreover, the Old Town Specific Plan envisions the City as taking a lead role in creating additional parking. A multi -story structure could accommodate several hundred vehicles in an area that would still be convenient for visitors. RABROWNS\OT Civic CenteACITY COUNCIL STAFF REPORT OLD TOWN 5-11-04.doc2 Parks/Open Space/Plazas One of the elements that is missing from Old Town is a functioning plaza or public gathering space. Special events that are held in Old Town are relegated to parking lots and unused parcels where temporary space can be obtained. Staff feels that a portion of the newly acquired property could serve as a park or plaza with enough space to hold special events. Mayor Pro Tern Comerchero suggested a public plaza such as the one located in Santa Fe, New Mexico should be considered as a possible use for a portion of the City's new holdings. Such a space or park one acre in size could accommodate large gatherings and serve as a focal point for many of the City sponsored events. Public Facilities Staff analyzed various public facilities and felt that some uses would not be suitable for the site at this time. Because of the location and shape of the property and its proximity to 1-15, it is staff's opinion that there are better locations in Old Town for a branch library and a community center. Also, the City will be expanding the existing Temecula Community Center on Pujol Street. A mixed use alternative is problematic as extensive retail is too far removed from Front Street and residential uses would be negatively impacted by freeway noise. A police substation would fit in nicely within the Old Town area, but this use, in staff's opinion, would not be the best utilization for the property at this time. Our City is fortunate to have an older historic town area that has retained its historic, pedestrian oriented character. The Council set forth a master vision for revitalizing Old Town in 1994 with the adoption of the Old Town Specific Plan. Further, a Market Assessment Report prepared for the City by KMA, offered suggestions for the economic revival of Old Town. One of the key recommendations was to locate City Hall in Old Town. In addition, the study also recommended linking other public places, Including arts facilities, parks and plaza's, and community centers to a civic center in order to leverage public interest in these facilities." KMA further stated that "the location of the Temecula Civic Center within Old Town would reinforce the district's role as Temecula's downtown and enhance the desirability of Old Town as an office location for architects, engineers, and other development industry tenants." Furthermore, other studies have analyzed the essential ingredients of successful, vibrant downtowns and found that the location of city halls / civic centers is one of the critical ingredients in the recipe. Moreover, the Urban Land Institute has found that successful town centers should "have a full range of everyday uses and activities such as; office retail, housing, entertainment, hotels, and civic institutions like public libraries, all integrated within a pedestrian friendly environment." Staff is outgrowing its current facility and there is a need to relocate in the near future. Coupled with this is the shortage of available land to build a civic center, Old Town offers one of the last places with sufficient acreage to locate a functional civic center. SUMMARY Based on the above discussion staff recommends that the Council consider a civic center composed of the following components: a city hall with a usable floor area of sixty to eighty RABROWNS\OT Civic Center\CITY COUNCIL STAFF REPORT OLD TOWN 5-11-04.doc3 thousand square feet, a plaza or public square fronting onto the City Hall, and an approximate 350 space parking structure. The rationale for staff's recommendation is as follows: • This area of Old Town has many underutilized and vacant parcels that are not suitable for retail uses. Because of the distance from Front Street and parcel configuration. • The proposed uses would create a true downtown for Temecula by adding a critical facet to the existing mix of land uses. • Old Town would evolve into a more diverse, vibrant, section of the city. • The plaza would create a nice gathering place for community events. • A Civic Center Complex could: o Contribute to the idea of Old Town as the historical and cultural center of the city. o Complement other existing and proposed civic uses in Old Town (e.g., performing arts, theater, Imagination Workshop, senior center, museum, chapel, police storefront, etc.) o Create a landmark building and a focal point that would attract visitors to Old Town. o Stimulate new private sector office, retail, and mixed use opportunities for the Old Town. o Provide for a walking daily population in Old Town that will benefit and enhance the retail business clientele. Conclusion The City has a unique opportunity to build on its already substantial investment in Old Town by building a Civic Center parking complex and plaza, which would create a significant community feature. In the process of constructing the Civic Center and a beautiful plaza for community events, exciting new retail opportunities will be created. The City of Temecula will be initiating a series of actions that will be immensely rewarding for City residents, visitors, as well as the business community. If the Council agrees with this concept, it is recommended that funding be allocated in the Capital Improvement Program for a master concept plan. FISCAL IMPACT: Funding of a concept master plan would need to be included in the Capital Improvement Program. Further, it is estimated that a conceptual master plan would cost approximately $250,000. ATTACHMENTS: Aerial photograph of Old Town showing recent City acquisitions R:\BROWNS\OT Civic Center\CITY COUNCIL STAFF REPORT OLD TOWN 5-11-04.doc4 y9 fi 1 REQUESTS TO SPEAK 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: Name: ,� /} j 1,/� /-�� 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 — 1( For Subject: I wish to speak on Agenda Item No. Against Name: p� Address: -- State/Zip �eJ i LPCu.(rb (,A / Z Sq t Phone: lS/ 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. 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