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021406 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 (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 14, 2006 — 7:00 PM 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 reauired until a future meetina. All meetinas are scheduled to end at 10:00 P.M. 6:30 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b)(1) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 2006-002 Resolution: 2006-009 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Flutists Joshua Jurkosky, Loren Prudhomme, and Emily Raese Invocation: Pastor Leon Franklin of Living Word Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Transportation Uniform Mitigation Fee (TUMF) Presentation 1 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 minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Annual Property Insurance Renewal RECOMMENDATION: 3.1 Approve the City of Temecula Property Insurance Policy renewal with Chubb Insurance Company, Landmark American Insurance Company for the period of February 26, 2006 through February 26, 2007, in the amount of $189,146. 4 City Treasurer's Report as of December 31, 2005 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of December 31, 2005. 5 Third Operating Memorandum to the Recorded Development Agreement between Wolf Creek Development, LLC Successor in Interest to S-P Murdy and the City of Temecula RECOMMENDATION: 5.1 Approve the Third Operating Memorandum to the Recorded Development Agreement between Wolf Creek Development, LLC Successor in Interest to S-P Murdy and the City of Temecula; 5.2 Authorize the City Clerk to record the Third Operating Memorandum. 6 Parcel Map 31603, Located at the North West Corner of Via Industria and Roick Drive RECOMMENDATION: 6.1 Approve Parcel Map 31603 in conformance with the Conditions of Approval. 6.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for agreement. 7 Parcel Map 33545, Located at the South East Corner of State Route 79 South and Butterfield Stage Road RECOMMENDATION: 7.1 Approve Parcel Map No. 33545 in conformance with the Conditions of Approval; 7.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 7.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 8 Authorize Temporary Street Closures for the 7th Annual Temecula Car Show & Old Town Cruise Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets). RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR THE 7TH ANNUAL TEMECULA CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 9 2005 Transportation Enhancement (TE) Discretionary Funds - Local Match Funds and Timely Implementation RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMMITMENT OF LOCAL MATCHING FUNDS AND THE TIMELY IMPLEMENTATION OF THE 2005 TRANSPORTATION ENHANCEMENT (TE) PROJECT KNOWN AS THE WINCHESTER ROAD/STATE ROUTE 79 NORTH CORRIDOR BEAUTIFICATION PROJECT 10 Consultant Services Agreement for Traffic Engineering Design Services for Pechanga Parkway Phase II Street Improvements - Proiect No. PW99-11 RECOMMENDATION: 10.1 Approve an agreement with JMD in an amount not to exceed $19,000 to provide traffic signal design services for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, and authorize the Mayor to execute the agreement. 10.2 Authorize the City Manager to approve extra work not to exceed the contingency amount of $1,900, which is equal to 10% of the agreement amount. 11 Amendment No. 2 for Consulting Services, French Valley Parkway/1-15 Overcrossing and Interchange Improvements - Proiect No. PW02-11 RECOMMENDATION: 11.1 Approve Amendment No. 2 to the agreement with Moffatt & Nichol Engineers in an amount not to exceed $21,630.00 to provide the necessary design services to finalize the Project Report (PR), Environmental Documents (ED), and to complete the design (Plans, Specifications & Estimate) for the French Valley Parkway/1-15, Phase 1, southbound off -ramp to Jefferson Avenue, the widening of the southbound off -ramp at Winchester Road, and adding an auxiliary lane; 11.2 Authorize the Mayor to execute the amendment to the agreement. 12 Traffic Signal and Interconnect Upgrades - 79 South, Winchester Road, and the Redhawk Area - Proiect No. PWO5-12 RECOMMENDATION: 12.1 Approve a contract with DBX, Inc. in the amount of $122,116 for the Traffic Signal and Interconnect Upgrades for 79 South, Winchester Road, and the Redhawk Area, Project No. PWO5-12, and authorize the Mayor to execute the contract. 12.2 Authorize the City Manager to approve an amount not to exceed the contingency amount of $12,211.60, which is equal to 10% of the contingency amount of the contract. 13 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for State Route 79 South Medians between 1-15 and Butterfield Stage Road - Proiect No. PW02-14 RECOMMENDATION: 13.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for State Route 79 South Medians between 1-15 and Butterfield Stage Road, Project No. PW02-14. 14 Completion and Acceptance of Construction Contract for the Bridge Barrier Rail Replacement - Proiect No. PW01-09 RECOMMENDATION: 14.1 Accept the project, Bridge Barrier Rail Replacement, Project No. PW01-09 as complete; and 14.2 File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 14.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 15 Completion and Acceptance of the Pavement Rehabilitation Program FY2005/06 - Ynez Road - Proiect No. PW04-12 RECOMMENDATION: 15.1 Accept the construction of the Pavement Rehab Program FY 2005/06 — Ynez Road, Project No. PW04-12, as complete and; 16 Completion and Acceptance of the Slurry Seal Proiect - FY2004/2005 - Proiect No. PW04-16 RECOMMENDATION: 16.1 Accept the construction of the Slurry Seal Project — FY 2004/2005, Project No. PW04-16, as complete and; 16.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount, and; 16.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. 17 Authorize the City Manager to Approve or Modify Rental Agreement RECOMMENDATION 17.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO APPROVE OR MODIFY LEASES AND RENTAL AGREEMENTS FOR THE CITY -OWNED PROPERTY AT 41910 MAIN STREET 18 Second Reading of Ordinance No. 06-01 RECOMMENDATION: 18.1 Adopt an Ordinance entitled: ORDINANCE NO. 06-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO 8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206, TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-08-007 THROUGH 959-080-010 (PA05-0302) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2006-01 Resolution: No. CSD 2006-03 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD 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. CSD CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of January 24, 2006. CSD BUSINESS 20 Naming of Redhawk Park Sites A, B, E, and F RECOMMENDATION: 20.1 Approve names for the Redhawk Park Sites located in the Redhawk development as follows: Park Site A — Sunset Park; Park Site B - Paseo Gallante Park; Park Site E - Temecula Creek Trail Park; and Park Site F - Redhawk Community Park as recommended by the Community Services Commission. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, February 28, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula. California. TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2006-01 Resolution: No. RDA 2006-01 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington, Naggar RDA 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. RDA CONSENT CALENDAR 21 Minutes RECOMMENDATION: 21.1 Approve the minutes of January 24, 2006. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, February 14, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 10 RECONVENE TEMECULA CITY COUNCIL 01-14[ON :I=Fe1VIkiK Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 22 Roripaugh Ranch General Plan Amendment, Specific Plan Amendment, and Development Agreement Amendment RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS), GENERALLY LOCATED NEAR THE FUTURE INTERSECTION OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD (PA06-0009) (APN 964- 460-003) 22.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0341 (SPECIFIC PLAN AMENDMENT NO. 2) TO AMEND THE RORIPAUGH RANCH SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS) TO ACCOMMODATE PARK AND RIDE AND TRAIL HEAD USES, AND TO RELOCATE THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B, GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD 11 22.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SECTION 4.1.6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHOLDS RELATIVE TO THE CONSTRUCTION OF THE FIRE STATION IN TRACT 29353, LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN, NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD, AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD (PA05-0404) 22.4 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MODIFICATIONS TO THE TRANSPORTATION SECTION OF THE MITIGATION MONITORING PROGRAM APPROVED WITH THE RORIPAUGH RANCH SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (PLANNING APPLICATION NO. PA94-0076) REGARDING THE RELOCATION OF THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B, GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF MURRIETA HOT SPRINGS ROAD, AND BUTTERFIELD STAGE ROAD AND NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, February 28, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 12 ITEM NO. 1 ITEM NO. 2 Approvals n City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 14, 2006 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Senior Accountant Reta Weston, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. Attachments: Resolution and List of Demands RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, 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 reviewed by the City Manager's Office, and that the same are hereby allowed in the amount of $11,623,486.32 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 14`h day of February, 2006. Ron Roberts, Mayor Attest: Susan W. Jones, MMC Citry Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 06-_was duly and regularly adopted bythe City Council of the City of Temecula at a meeting thereof, held on the 14th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk OF TEMECULA 'OFDEMANDS 01/19/2006 TOTAL CHECK RUN: 01/26/2006 TOTAL CHECK RUN 02/02/2006 TOTAL CHECK RUN: 01/26/2006 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 02/14/06 COUNCIL MEETING: BY FUND: CHECKS: 001 GENERAL FUND 140 COMMUNITY DEV BLOCK GRANT 165 RDA LOW/MOD - 20% SET ASIDE 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 210 CAPITAL IMPROVEMENT PROJECTS FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA 2002 TABS DEBT SERVICE FUND 470 CFD 98-1 DEBT SERVICE FUND 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD.03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 001 GENERAL FUND 165 RDA LOW/MOD - 20% SET ASIDE 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 996,443.80 4,149.53 32,687.02 316,816.11 47,052.56 78,548.46 2,122,912.83 1,620.00 82,214.57 3,896,088.62 25,137.80 1,625.58 122,246.93 7,947.37 18,665.63 688,709.04 354,841.43 473,246.50 51,575.05 1,697,832.88 191,927.51 286,767.38 5,560.19 75,390.47 103.87 5,136.09 791.48 553.32 2,527.21 1,228.25 22,097.31 3,405.92 7,635.61 2,370,633.31 3,750,974.91 5,090,681.00 411,197.10 11,212,289.22 411,197.10 TOTAL BY FUND: 11,623,48632 apChkLst Final Check List Page: 1 01/19/2006 1:25:43PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 104960 01/19/2006 004594 2 HOT ACTIVEWEAR R&R Jackets/Shirts Patches: Police 230.59 R&R Patches: Police Dept 19.93 250.52 104961 01/19/2006 006253 A S A P SOFTWARE Ann'I Renewal of 250 MS Licenses 54,077.04 54,077.04 104962 01/19/2006 007186 AB MAILING SOLUTIONS Business License mail out 1,099.80 1,099.80 104963 01/19/2006 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 30.15 30.15 104964 01/19/2006 004064 ADELPHIA 1/11-2/10 high speed internet svcs RR 46.95 1/14-2/13 high speed internet svcs ME 34.86 81.81 104965 01/19/2006 009374 ALLEGRO MUSICAL VENTURES Theater Piano tuning/maintain svcs 130.00 130.00 104966 01/19/2006 006098 AMERICAN ASSOCIATION OF Membership:Salazar, M. AACE101212 60.00 60.00 CODE 104967 01/19/2006 004240 AMERICAN FORENSIC NURSES Dec DUI Drug & Alcohol Screening 630.00 Jan Stand-by DUI Drug & Alcohol 600.00 Dec DUI Drug & Alcohol Screening 166.00 1,396.00 104968 01/19/2006 008279 AMERICOMP INFOSYSTEMS INC Computer Supplies:Video Board 404.06 404.06 104060 01/19/2006 000101 APPLE ONE INC Temp help PPE 12131 Kasparian 524.16 Temp help PPE 12/31 Shelton 389.03 913.19 104970 01/19/2006 005891 ASPEN PUBLISHERS, INC Payroll Ann'I Subscription to APA 256.30 256.30 104971 01/19/2006 006300 ASSOCIATION OF AMERICAN Membership:J.DeGange 90003309 149.00 149.00 104972 01/19/2006 002541 BECKER CONSTRUCTION SRVS Place erosion cntrl mats over slopes 2,835.00 2,835.00 INC 104973 01/19/2006 004778 BERRYMAN & HENIGAR INC 11/12-12/16 Design:R. Calif Rd Widening 781.82 781.82 104974 01/19/2006 001080 BILLIARDS & BARSTOOLS Pool Table cloth recovery: MPSC 363.47 363.47 104975 01/19/2006 009634 BLASICH, RUDOLPH Refund:Prkg Cite 49796 per H.Offcer 325.00 325.00 104976 01/19/2006 004829 BOB WILSON INC Jan 06 State lobbyist svcs 3,500.00 3,500.00 Pagel apChkLst 01/19/2006 1:25:43PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104977 01/19/2006 008013 BOSTRE-LE, ANNIE EE Computer Pruchase Program 991.72 991.72 104978 01/19/2006 006908 C C & COMPANY INC Add't Mrs. Santa Suite Rental 75.00 75.00 104979 01/19/2006 008613 CALIF BANK & TRUST Rel Retention Esrw 2160075819 Wolf Crk 104,753.72 104,753.72 104980 01/19/2006 001267 CALIF DEPT OF MOTOR 2 Books Cal Vehicle Code Books 19.00 19.00 VEHICLES 104981 01/19/2006 000152 CALIF PARKS & RECREATION Membership: P.Ruse 002219 125.00 125.00 SOC 104982 01/19/2006 001590 CALIF REDEVELOPMENT ASSN Manual: Community Guide 63.57 63.57 104983 01/19/2006 003577 CALIF STATE BOARD OF Sales & Use Tax Return Jan - Dec 05 7,500.00 7,500.00 104984 01/19/2006 005714 CAMP DEL CORAZON FY 05/06 Comm. Svcs Funding Awd 4,000.00 4,000.00 104985 01/19/2006 000387 CAREER TRACK SEMINARS Regist:Women's Conf.3/9:Caravelli 99.00 99.00 104986 01/19/2006 009642 CARNAHAN, SUSAN Refund: Tumble Jungle -Gym Camp 45.00 45.00 104987 01/19/2006 002534 CATERERS CAFE Refreshments:Japanese brkft 220.50 Refreshments: Team Pace Mtg 100.00 320.50 104988 01/19/2006 004837 CHERRY VALLEY FEED & PET Police k-9 food & supplies 79.74 79.74 SUPLY 104080 01/19/2006 000137 CHEVRON U SA INC City vehicles fuel:Police Dept 740.92 City vehicles fuel:Police/CM 218.49 959.41 104990 01/19/2006 005708 CLEAR CHANNEL Summer Nights broadcasting secs 550.00 550.00 BROADCASTING INC 104991 01/19/2006 002945 CONSOLIDATED ELECTRICAL Electrical equip. supplies for Aquatics 221.97 221.97 DIST 104992 01/19/2006 006318 CORNERSTONE ACADEMY Refund: Security Depst: CRC 150.00 150.00 104993 01/19/2006 003086 COZAD & FOX INC 1127-12/11 Pechanga. Pkwy drafting svcs 10,370.00 10,370.00 Page2 apChkLst 01/19/2006 1:25:43PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104994 01/19/2006 004123 D L PHARES & ASSOCIATES Reimb:Fac Sign Agrmnt:European Deli 135.00 Reimb: Fac Sign Argmt: Banquet Room 135.00 Reimb:Fac Sign Argmt:Truffles 135.00 405.00 104995 01/19/2006 009644 DANG, TRUNGHAU Reimb:Fac Sign Prgm:State Farm 135.00 135.00 104996 01/19/2006 002990 DAVID TURCH & ASSOCIATES Jan 06 Federal lobbyist svcs 3,350.00 3,350.00 104997 01/19/2006 003006 DEWITT CUSTOM PAINTING Res Imp Prog: Estrada, Dan 2,800.00 2,800.00 104998 01/19/2006 006150 DIALOGIC COMMUNICATIONS Hosting Center And Support svcs 2,500.00 2,500.00 CORP. 104999 01/19/2006 000684 DIEHL EVANS & COMPANY LLP Fiscal Yr 04/05 RDA audit services 2,600.00 2,600.00 105000 01/19/2006 008230 DOUGLAS E BARNHART INC 10/26-11/25 Prgss:Wolf Crk Sprts Cmplx 943,767.88 Credit:CO# 7 not Authorized -984.60 Stop Notice: AEP-SPAN -13,012.72 929,770.56 105001 01/19/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:City Van/Trailblz 104.73 104.73 INC 105002 01/19/2006 000161 EDEN SYSTEMS INC Support Renewal for Eden Gold 27,672.31 27,672.31 105003 01/19/2006 009645 EMORY, JUSTIN Refund: Cite 49788 H.Offcer dismissed 325.00 325.00 105004 01/19/2006 005115 ENTERPRISE RENT A CAR INC Van rental for dog park tour 140.65 140.65 105005 01/19/2006 005251 EQUIPMENT REPAIR SERVICE Mobile equip repair svcs: PW mntc 487.50 487.50 105006 01/19/2006 001056 EXCEL LANDSCAPE Dec Idscp mntc: Sports Prks 40,986.00 Dec Idscp mntc: South Slopes 31,361.00 Dec Idscp mntc: North Slopes 23,071.00 Dec Ldscp Mntc: Medians 9,298.00 Dec Ldscp Mntc: City's Facilities 6,886.00 111,602.00 105007 01/19/2006 000478 FAST SIGNS 2005 Parade: Dignitary signs 208.09 208.09 105008 01/19/2006 000165 FEDERAL EXPRESS INC Express mail services 140.51 140.51 Page3 apChkLst Final Check List Page: 4 01/19/2006 1:25:43PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 105009 01/19/2006 004178 FREEDOM SIGNS 105010 01/19/2006 009097 FULL COMPASS SYSTEMS (Continued) Description Fac Sign:Truffies & Lace Tea Parlour Fac Sign: The Wine Sellers Fac Sign Prog: Euro Deli Fac Sign Prog: The Banquet Room Fac Sign Prog: State Farm Insurance Add't monitor speakers/cables:Theater 105011 01/19/2006 000177 GLENN I ES OFFICE PRODUCTS Office Supplies: Planning INC Office Supplies:Fire Medics/Prev. Office Supplies:CM/Council/EcoDev Office supplies: Theater Office Supplies: Bldg & Safety Office Supplies: Central Svcs Office Supplies: RDA Office supplies: Land Devel Office Supplies: CRC 105012 01/19/2006 004910 GLOBAL EQUIPMENT COMPANY Heavy duty stepladder w/rails: Records INC 105013 01/19/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prev. 105014 01/19/2006 007498 GUIDANCE SOFTWARE INC Forensic software upgrade: Police 105015 01/19/2006 005311 H2O CERTIFIED POOL WATER CRC/TES Jun pool svcs & supplies SPCL. 105016 01/19/2006 004053 HABITAT WEST INC 105017 01/19/2006 009646 HAGHIGHI, KAVON 105018 01/19/2006 000186 HANKS HARDWARE INC 105019 01/19/2006 009637 HARVEY. FRED Jun -Dec Lg Cyn Detention Basin mntc Reimb:Eng/Ld Surveyors License Fee Hardware supplies/tools:TCSD/PW HARDWARE SUPPLIES: PW MNTC Hardware supplies/tools:TCSD Mntc Hardware supplies/Tools:Theater Hardware Supplies: Parks/Pw/Theater Hardware supplies:CRC/Aquatics Hardware supplies: C.Museum Hardware supplies:Fire Stn 92/12/84 Hardware supplies: City Hall Hardware supplies: Info System Reimb: Fac Sign Prgm:Wine Sellers Amount Paid 3,340.25 2,478.25 2,181.94 1,616.25 1,589.31 1,874.86 1,128.73 565.57 503.26 228.25 210.98 141.91 55.80 47.02 44.52 51.31 48.88 595.63 1,286.85 1,516.69 125.00 1,971.98 1,565.49 1,256.50 944.07 806.27 417.12 179.46 111.56 41.26 23.62 9916%: Check Total 11,206.00 1,874.86 2,926.04 51.31 48.88 595.63 1,286.85 1,516.69 125.00 7,317.33 43.50 Page:4 apChkLst 01/19/2006 1:25:43PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105020 01/19/2006 001135 HEALTH POINTE MEDICAL Dec 05 Pre -employment physicals 205.00 GROUP INC employee first aid care 35.00 240.00 105021 01/19/2006 004811 HEWLETT PACKARD Computer supplies: Prem plus photo satin 163.78 Computer Supplies: AC Adapter 44.18 207.96 105022 01/19/2006 001517 HORIZON HEALTH Jan 2006 EE Assistance Prgm 812.16 812.16 105023 01/19/2006 003624 HOWELL, ANN MARIE Redesign tourism rack brochure layout 905.10 905.10 105024 01/19/2006 001123 INDUSTRIAL DISTRIBUTION Misc tools & supplies for PW Mntc 88.67 88.67 GROUP 105025 01/19/2006 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 283.00 283.00 105026 01/19/2006 009636 J S T REAL ESTATE SERVICES Reimb:Fac Sign Prgm:Farmers Wife 135.00 135.00 105027 01/19/2006 009635 JR. ALL AMERICAN FOOTBALL Refund: Security Depst:MPSC 150.00 150.00 105028 01/19/2006 006666 JUSTUS, JEANETTE Refund: Miss Sue's Parent & Me 20.00 20.00 105029 01/19/2006 001091 KEYSER MARSTON ASSOCIATES Dec affordable housing svcs 4,572.51 4,572.51 INC 105030 01/19/2006 009620 KITCHEL, JANET Reimb:Recycling calendar winners awds 743.00 743.00 105031 01/19/2006 001282 KNORR SYSTEMS INC Aquatic- Pool Mntc supplies 91.70 01.70 105032 01/19/2006 004024 KOCH HEATING & AIR Res Imp Prog: Elder, Cindy 3,870.00 3,870.00 CONDITIONIN 105033 01/19/2006 004051 L O R GEOTECHNICAL GROUP Dec Geotech Tstg:Pechanga Pkwy 850.00 850.00 INC 105034 01/19/2006 009424 L V H ELECTRIC INC Add't stage lighting for Theater 210.85 210.85 105035 01/19/2006 006744 LAMAR CORPORATION, THE Jan billboard lease -Old Town 2,900.00 2,900.00 105036 01/19/2006 003286 LIBRARY SYSTEMS & SERVICES Dec: secs -library system agrmnt 11,524.00 Dec svcs-library system agrmnt 1,252.31 12,776.31 Pages apChkLst Final Check List Page: 6 01/19/2006 1:25:43PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105037 01/19/2006 004174 LIGHT IMPRESSIONS Special order hangers/hooks:C.Arts 289.24 289.24 105038 01/19/2006 009080 M V P LIMOUSINE & GROUND transportation svcs: Sister City Prgm 253.00 TRAN transportation svcs: Sister City Prgm 253.00 506.00 105039 01/19/2006 003782 MAIN STREET SIGNS street name signs/hardware: PW Maint 1,609.52 1,609.52 105040 01/19/2006 004141 MAINTEX INC custodial supplies: CRC 471.47 custodial supplies: City Hall 452.88 924.35 105041 01/19/2006 001967 MANPOWER TEMPORARY temp help w/e 01/01 JD/JH/DH/KN 2,617.24 2,617.24 SERVICES 105042 01/19/2006 000220 MAURICE PRINTERS INC 1000 application for employment forms 258.60 258.60 105043 01/19/2006 007210 MIDORI GARDENS Idscp maintenance svcs: Parks 8,744.00 Idscp rehab: Redhawk Park/site A 3,374.00 Ldscp Rehab: Redhawk Park/Site E 2,792.00 irrigation repairs: Park 'E" 12/3/05 373.73 irrigation repairs: Veteran's Park 331.73 irrigation repairs: Veteran's Park 247.72 credit: dupl. billing -8,744.00 7,119.18 105044 01/19/2006 008091 MILLMORE'S WAX CREW City vehicles detailing services:PW 125.00 City vehicles detailing services: B&S 70.00 195.00 105045 01/19/2006 001384 MINUTEMAN PRESS business cards: R.R./J.C./C.W. 346.65 346.65 105046 01/19/2006 001214 MORNINGSTAR PRODUCTIONS, balance due/broadcasting: Concert Series 550.00 550.00 LLC 105047 01/19/2006 002257 MOST DEPENDABLE FOUNTAINS Push Bar For Drinking Fountain 68.00 68.00 105048 01/19/2006 002727 MUNICIPAL MGMT ASSOCIATION '06 membership dues: A. Adams #69077 65.00 '06 membership dues: G. Yates #69313 65.00 130.00 105049 01/19/2006 000230 MUNIFINANCIAL Roripaugh Ranch balloting services 3,500.00 3,500.00 105050 01/19/2006 008373 NATIONS RENT WEST INC add'I light towers for Holiday Light 819.31 819.31 105051 01/19/2006 000233 NELSON, SHAWN reimb: Dec internet svcs 44.95 44.95 105052 01/19/2006 002139 NORTH COUNTY TIMES Dec recruitment ads: Planning/TCSD 559.28 credit: late fee waived -8.28 551.00 Pages apChkLst Final Check List Page: 7 01/19/2006 1:25:43PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105053 01/19/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 296.11 City Vehicle Repair/Maint Svcs 198.11 City Vehicle Repair/Maint Svcs 167.37 City Vehicle Repair/Maint Svcs 167.37 City Vehicle Repair/Maint Svcs 119.39 City Vehicle Repair/Maint Svcs 75.02 City Vehicle Repair/Maint Svcs 47.00 City Vehicle Repair/Maint Svcs 34.27 1,104.64 105054 01/19/2006 000249 PETTY CASH Petty Cash Reimbursement 176.72 176.72 105055 01/19/2006 000580 PHOTO WORKS OF TEMECULA film/photo developing: CIP 12.39 12.39 105056 01/19/2006 000254 PRESS ENTERPRISE COMPANY Dec recruitment ads: PlanningfrCSD 2,084.56 2,084.56 INC 105057 01/19/2006 009425 PRUDENT PUBLISHING MPSC Holiday Cards 244.72 244.72 COMPANY 105058 01/19/2006 004529 QUAID TEMECULA HARLEY- Dec motorcycle maint/repairs: Tem. P.D. 1,148.76 1,148.76 DAVIDSON 105059 01/19/2006 002012 R D O EQUIPMENT COMPANY parts for PW backhoe equipment 89.92 89.92 105060 01/19/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 10,523.64 Various Water Meters 10,180.06 Various Water Meters 760.36 Various Water Meters 506.00 Various Water Meters 227.50 Various Water Meters 71.51 Dec 01-05-11040-1 Maint Fac 68.99 Various Water Meters 67.62 22,405.68 105061 01/19/2006 004584 REGENCY LIGHTING electrical supplies: City Hall 141.15 electrical supplies: CRC 109.91 electrical supplies: T. Museum 54.95 electrical supplies: TCC 54.95 360.96 105062 01/19/2006 000418 RIVERSIDE CO CLERK & recording fee: Westlake/RDA 11.00 11.00 RECORDER 105063 01/19/2006 000418 RIVERSIDE CO CLERK & recording fee: Sampson/RDA 11.00 11.00 RECORDER 105064 01/19/2006 000418 RIVERSIDE CO CLERK & recording fee: Reese/RDA 11.00 11.00 RECORDER Page:7 apChkLst Final Check List Page: 8 01/19/2006 1:25:43PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 105065 01/19/2006 000268 RIVERSIDE CO HABITAT (Continued) Description Dec'05 K-Rat Payment 105066 01/19/2006 000406 RIVERSIDE CO SHERIFFS DEPT Nov'05 Booking Fees Christmas Parade Patrol Svcs 1212/05 105067 01/19/2006 007830 ROAD BUILDERS INC Oct Prgs Pmt 16:Wolf Vly Crk Chnl 9911ch ret.w/h pmt 16:Wolf Vly Crk Chnl 9911ch 105068 01/19/2006 003001 ROSS FENCE INC. Res Impry Prgm: Estrada, Dan and Susan 105069 01/19/2006 001500 SAN DIEGO REGIONAL TRAIN Grammatical. Concepts: J.V./M.C. 217-8/06 CTR 105070 01/19/2006 000278 SAN DIEGO UNION TRIBUNE Dec recruitment ads: TCSD 105071 01/19/2006 009641 SIRAJEE, GAZALA 105072 01/19/2006 000537 SO CALIF EDISON 105073 01/19/2006 002503 SOUTH COAST AIR QUALITY 105074 01/19/2006 002366 STEAM SUPERIOR CARPET CLEANING 105075 01/19/2006 009452 STRAWN, BILL refund: Tennis Clinic Jan 2-01-202-7330 Citywide Street lamps Jan 2-01-202-7603 Arterial Street Lights Jan 2-02-351-5281 CRC Jan 2-10-331-2153 TCC ann'I generator operating fees: City generator emissions fee: City Hall floor care services: various City sites kitchen cleaning svcs @ TCC Reimb:audio equip for Community Theater 105076 01/19/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies: C. Museum 105077 01/19/2006 000307 TEMECULA TROPHY COMPANY ee of the qtr/ee of the year awards plaques for'05 holiday parade winners "Skate Challenge" Awards: Tcsd Sports 'Turkey Trot" Awards: Tcsd Sports Prgm recognition awards: Police/Fire nameplate: T. Edwards 105078 01/19/2006 004274 TEMECULA VALLEY SECURITY locksmith services: City Hall CENTR 105079 01/19/2006 003849 TERRYBERRY COMPANY employee service award pin Amount Paid 40.00 9,494.40 4,245.51 349,999.13 -7,767.45 3,826.00 540.00 1,321.17 10.00 46,935.84 17,307.68 4,023.37 598.52 220.29 81.89 1,344.00 350.00 226.25 129.56 584.22 350.19 75.43 68.42 36.64 8.62 65.90 81.81 Check Total 40.00 13,739.91 342,231.68 3,826.00 540.00 1,321.17 10.00 68,865.41 302.18 1,694.00 226.25 129.56 1,123.52 65.90 81.81 Pageb apChkLst Final Check List Page: 9 01/19/2006 1:25:43PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105080 01/19/2006 009643 TOASTMASTERS membership dues: C. Damko 35.05 35.05 INTERNATIONAL 105081 01/19/2006 003858 TOM RONEY ROOFING Res Impry Prgm: Matuzak, Jeffrey 585.00 585.00 105082 01/19/2006 000319 TOMARK SPORTS INC sports equipment: TCSD Sports Prgm 964.67 964.67 105083 01/19/2006 003031 TRAFFIC CONTROL SERVICE INC traffic control devices: PW Maint 150.85 150.85 105084 01/19/2006 002702 U S POSTAL SERVICE Postage meter deposit 3,928.33 3,928.33 105085 01/19/2006 004981 UNISOURCE SCREENING & 12/16-31/05 bckgmd screening svcs 87.25 87.25 105086 01/19/2006 009460 VAN VECHTEN, WILLIAM Reimb. supplies for microphone cabinet 364.98 364.98 105087 01/19/2006 009638 VANIK, MARLENE refund: parking citation #48226 25.00 25.00 105088 01/19/2006 004261 VERIZON Jan xxx-1341 Community Theater 352.71 Dec xxx-5509 general usage 148.32 Dec xxx-1540 Old Town Parking 90.58 Jan xxx-1941 PTA CD TTACSD 57.27 Jan xxx-3851 general usage 40.23 Dec xxx-0049 general usage 35.93 Dec xxx-1999 general usage 33.18 Jan xxx-39101st St Irrigation 31.51 Dec xxx-6620 general usage 27.34 817.07 105089 01/19/2006 004279 VERIZON CALIFORNIA INC. Dec access-C. Museum phone line 651.72 Dec access -CRC phone line 352.64 1,004.36 105090 01/19/2006 009101 VISION ONE INC Dec Showare ticket sales Comm. Theater 910.20 910.20 105091 01/19/2006 004861 VON RICHTER, POLLY reimb: Team Pace raffle award 2/14 300.00 300.00 105092 01/19/2006 000621 WESTERN RIVERSIDE COUNCIL December 2005 TUMF Payment 535,181.92 535,181.92 OF 105093 01/19/2006 008402 WESTERN RIVERSIDE COUNTY Dec'05 MSHCP payment 9,575.20 9,575.20 105094 01/19/2006 009630 WRIGHT, EDNA bookmaking wrkshp presenterfee 1/14/06 75.00 75.00 Page9 apChkLst 01/19/2006 1:25:43PM Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 105095 01/19/2006 003776 ZOLL MEDICAL CORPORATION Final Check List CITY OF TEMECULA (Continued) Description medical supplies/equip: Paramedics Amount Paid 174.16 Grand total for UNION BANK OF CALIFORNIA: Page: 10 Check Total 174.16 2,370,633.31 Page:10 apChkLst Final Check List Page: 1 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 628 01/26/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 18,040.46 18,040.46 SOLUTION 629 01/26/2006 000444 INSTATAX (EDD) State Disability Ins Payment 18,598.85 18,598.85 630 01/26/2006 000283 INSTATAX(IRS) Federal Income Taxes Payment 73,419.66 73,419.66 631 01/26/2006 000380 U S C M WEST (OBRA), OBRA- Project Retirement Payment 2,515.16 2,515.16 NATIONWIDE RETIREMENT 632 01/26/2006 000444 INSTATAX (EDD) 4th Qtr 2005 Unemployment Taxes 7,244.71 7,244.71 633 01/26/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 120,136.26 120,136.26 RETIREMENT) 105096 01/26/2006 001700 A PLUS TEACHING MATERIALS Misc Supplies: Parent & Me Program 150.04 150.04 105097 01/26/2006 004973 ABACHERLI, LINDI TCSD instructor earnings 680.00 680.00 105098 01/26/2006 004064 ADELPHIA 1/22-2/21 high speed internet svcs MN 46.95 46.95 105099 01/26/2006 003679 AEI CASC ENGINEERING WQMP Plan Ck/Inspection Consultant 685.00 685.00 105100 01/26/2006 008279 AMERICOMP INFOSYSTEMS INC Computer supplies: Powersupply/Riser 85.12 85.12 105101 01/26/2006 000101 APPLE ONE INC temp help PPE 01/07 B. Shelton 327.60 327.60 105102 01/26/2006 003376 ARTS COUNCIL, THE Community cultural arts grant -May 10,000.00 10,000.00 105103 01/26/2006 005881 ASHBY USA, LLC Refund: overpayment/block wall permit 232.00 232.00 105104 01/26/2006 000475 B N I PUBLICATIONS INC 2006 Greenbooks/updated Std Plans: PW 973.06 973.06 105105 01/26/2006 000128 BROWN & BROWN OF CALIF INC Insurance bond: Shawn Nelson 350.00 Insurance bond: Gary Thornhill 350.00 700.00 Pagel apChkLst Final Check List Page: 2 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105106 01/26/2006 005384 CALIF BAGEL BAKERY & DELI Rfrshmnts: ee gtrly luncheon 12/15/05 3,835.36 Refreshments: PW Year End Staff Mtg 673.44 Rfrshmnts:Tem. Citizen Corps mtg 11/10 210.11 Refreshments: City Council mtg 12/13/05 193.95 4,912.86 105107 01/26/2006 009067 CALIF BANK & TRUST Rel Retention Esrw Edge Devel:T.Library 43,045.56 43,045.56 105108 01/26/2006 004248 CALIF DEPT OF JUSTICE- Fingerprinting srvcs:human resources 3,553.00 ACCTING Nov DUI Drug & Alcohol Screening 910.00 4,463.00 105109 01/26/2006 009651 CALIF FIRE PREV. INSTITUTE CFPI Wrkshp L.Nottingham 3/13-17/06 300.00 CFPI Wrkshp M.Horton 3/13-17/06 300.00 600.00 105110 01/26/2006 000152 CALIF PARKS & RECREATION Park Operations Tour BW/KH/JK 3/15/06 180.00 180.00 SOC 105111 01/26/2006 008644 CANTRELL, ROGER, AIA, AICP Dec Architect plan review:Planning 9,354.00 9,354.00 105112 01/26/2006 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 97.76 First aid supplies: PW mntc 29.13 126.89 105113 01/26/2006 004626 COMFORT ZONE FURNITURE Dresser for Barracks: Fire Station#92 214.42 214.42 105114 01/26/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 30.00 30.00 105115 01/26/2006 002945 CONSOLIDATED ELECTRICAL electrical supplies: Aquatics 45.76 DIST electrical supplies: Community Theater 11.15 56.91 105116 01/26/2006 001264 COSTCO WHOLESALE Refreshments: Theater events 146.67 146.67 105117 01/26/2006 001264 COSTCO WHOLESALE Agency Mbshp: 000111667050820 90.00 90.00 105118 01/26/2006 009654 DOMINICK, STEVEN, M. Reimbursement: Class A Drivers License 64.00 64.00 105119 01/26/2006 001660 DUNN EDWARDS CORPORATION Supplies for graffiti removal 138.14 Supplies for graffiti removal. 109.53 Supplies for graffiti removal 99.94 347.61 105120 01/26/2006 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 99.52 99.52 DIST 105121 01/26/2006 005880 EDGE DEVELOPMENT INC. Dec Library Construction Prgss Pmt 387,410.06 387,410.06 Page2 apChkLst Final Check List Page: 3 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105122 01/26/2006 004464 EXXONMOBIL CARD SERVICES Cityvehicles fuel: City Manager 44.98 44.98 105123 01/26/2006 000478 FAST SIGNS misc signs for Temecula Museum 41.03 41.03 105124 01/26/2006 000165 FEDERAL EXPRESS INC Express mail services 301.38 301.38 105125 01/26/2006 003747 FINE ARTS NETWORK Dec'05 Nutcracker event payment 19,449.00 19,449.00 DBA:TEMECULA 105126 01/26/2006 003747 FINE ARTS NETWORK Entertainment for Christmas in Old Town 600.00 600.00 DBA:TEMECULA 105127 01/26/2006 000166 FIRST AMERICAN TITLE Lot Book Report: KLEIN 75.00 COMPANY Lot Book Report: CAMP 75.00 150.00 105128 01/26/2006 003347 FIRST BANKCARD CENTER VERISIGN PAYMENT SERVICES TT annual Payflow Pro service pmt 649.00 CAMP PENDLETON SAN LUIS TT I.S. teambuilding 12/08/05 105.80 REY PALMONE, INC TT phone charger/stylus pen pack 68.96 CAMP PENDLETON DEVIL DOG TT I.S. teambuilding 12/08/05 60.00 LANES VERIZON WIRELESS LLC TT phone charger/O'Grady 53.86 NATIONAL NOTARY SJ office supplies for City Clerk 49.65 ASSOCIATION BARNES AND NOBLE STORE TT publications for I.S. library 48.37 LEAGUE OF CALIF CITIES SJ New Law & Elect publication 34.00 EARTHLINK INC TT Council members internet svcs 21.95 1,091.59 105129 01/26/2006 002982 FRANCHISE TAX BOARD Support Pmt Case # 452379267=$75.00 572.36 572.36 105130 01/26/2006 008416 FRONTBRIDGE TECHNOLOGIES Dec Citywide E-mail Spam Filtering 287.50 287.50 INC 105131 01/26/2006 004514 G T S I CORP PDRC Screen: Fire Stns 2,199.18 Car Adapter PDRC Display: Fire Stns 187.50 2,386.68 105132 01/26/2006 000175 GOVERNMENT FINANCE Mb: G.R./J.S./P.B. 205242001 535.00 535.00 OFFICERS 105133 01/26/2006 006250 HAZ MAT TRANS INC Haz Waste Disposal for PW 7,500.00 7,500.00 Page3 apChkLst Final Check List 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description 105134 01/26/2006 000194 1 C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 303355 105135 01/26/2006 004406 IGOE & COMPANY INC Sept flex benefit plan pmt Jan flex benefit plan pmt 105136 01/26/2006 001186 IRWIN, JOHN TCSD instructor earnings 105137 01/26/2006 009650 JORDAN TTEE, BONITA H. Refund: Security Deposit/TCC 12/18 105138 01/26/2006 006750 KB HOME COASTAL, INC. Refund: Duplicate Permit Requested 105139 01/26/2006 002424 KELLEY DISPLAY INC Car Show Banners: RDA 105140 01/26/2006 004481 KIMLEY HORN & ASSOCIATES Nov Design:Multi-Purpose Trail Project INC 105141 01/26/2006 004413 KLAMATH BAY Temecula Jr. Police Badge/Stickers Crime Prevention promo items: Police 105142 01/26/2006 004062 KUSTOM SIGNALS INC repair/maint of radar units: Police 105143 01/26/2006 009617 LOTUS MUSIC PRODUCTIONS, Mindi Abair event pmt 1/14/06 INC. 105144 01/26/2006 003782 MAIN STREET SIGNS street name signs/hardware: PW Maint 105145 01/26/2006 001967 MANPOWER TEMPORARY temp help w/e 01/08 Dankworth SERVICES 105146 01/26/2006 004307 MARINE BIOCHEMISTS Jan wtr maint:Harveston/Duck Pnd 105147 01/26/2006 000220 MAURICE PRINTERS INC qty 1000 High Country magazines:T. Mus. 105148 01/26/2006 009573 MCCALLUM THEATRE, THE 105149 01/26/2006 009541 MEYER AND ASSOCIATES 105150 01/26/2006 004894 MICHAEL BRANDMAN ASSOCIATES '05 CAFR Report Covers: Finance '05 CAFR Tab Dividers: Finance masking borders for Community Theater Dec dsgn svcs: TCC expansion Nov Eng Svcs: Pechanga Pkwy Ph II Amount Paid 9,885.24 294.55 132.00 189.00 150.00 233.60 166.99 3,566.60 387.94 163.85 1,474.63 11,261.34 2,736.85 527.82 4,855.00 2,782.11 678.83 422.38 646.50 1,610.00 6,555.00 Page: 4 Check Total 9,885.24 426.55 189.00 150.00 233.60 166.99 3,566.60 551.79 1,474.63 11,261.34 2,736.85 527.82 4,855.00 3,883.32 646.50 1,610.00 6,555.00 Page:4 apChkLst Final Check List Page: 5 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105151 01/26/2006 001526 MICHAELS STORES INC craft supplies for Parent/Children date 411.05 411.05 105152 01/26/2006 007210 MIDORI GARDENS mainline repairs: Vail Ranch Park 12121 442.53 442.53 105153 01/26/2006 008091 MILLMORE'S WAX CREW City vehicles detailing services:B&S 130.00 City vehicles detailing services: PW 125.00 255.00 105154 01/26/2006 001384 MINUTEMAN PRESS 4000 envelopes: Finance 225.14 3000 envelopes: Planning 210.22 2000 letterhead stationery: City Clerk 185.89 1000 envelopes: City Clerk 158.78 business cards: L. Stiles/G. Formoe 86.74 business cards: T. Buckley 44.39 business cards: D. Brown 43.37 business cards: S. Buckley 43.37 997.90 105155 01/26/2006 008968 MISSOULA CHILDRENS THEATRE Frog Prince performance 2113-18 ca-teme 2,250.00 2,250.00 INC 105156 01/26/2006 005887 MOFFATT & NICHOL ENGINEERS Nov Consult Svcs: F.V. Pkwy/I-15 Intrchg 101,414.14 101,414.14 105157 01/26/2006 000883 MONTELEONE EXCAVATING remove de -silting ponds/Santiago Rd 3,462.00 grade rain damaged roads/Svc Level "R" 1,620.00 5,082.00 105158 01/26/2006 009619 MURDOCK INC Old Town Front St. drinking fountain 124.70 124.70 105159 01/26/2006 007096 MUSICIANS WORKSHOP Old Town Christmas entertainment 12/17 250.00 250.00 105160 01/26/2006 002037 NEXUS INTEGRATION SERVICES cabling services @ Community Theater 242.00 242.00 105161 01/26/2006 004512 NINYO & MOORE Nov geotech swcs:barrier rail replace 2,171.00 2,171.00 105162 01/26/2006 009337 NOLTE ASSOCIATES INC Nov dsgn swcs: Bridge Fencing Prjt 2,511.92 2,511.92 105163 01/26/2006 002139 NORTH COUNTY TIMES Dec holiday display ads: TCSD/RDA 1,075.37 1,075.37 105164 01/26/2006 002292 OASIS VENDING cofteelkitchen supplies: City Hall 530.53 cofteelkitchen supplies: Maint Fac 109.63 640.16 105165 01/26/2006 006721 OFFICEMAX - A BOISE COMPANY furniture for Community Theater 1,245.98 office supplies for Code Enforcement 33.92 credit: furniture returned/Comm. Theater -1,245.98 33.92 Pages apChkLst Final Check List Page: 6 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105166 01/26/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 213.90 City Vehicle Repair/Maint Svcs 136.33 350.23 105167 01/26/2006 001171 ORIENTAL TRADING COMPANY Supplies: Parent & Me Program 146.35 146.35 INC 105168 01/26/2006 008240 PABLITOS SPANISH ACADEMY TCSD Instructor Earnings 280.00 TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 84.00 532.00 105169 01/26/2006 006939 PAINT CONNECTION, THE, DBA Res Impry Prgm: Lopez, Betty 3,030.00 VON MEGA ENTERP. INC Res Impry Prgm: Salazar, Pedro & Maria 2,395.00 Res Impry Prgm: Cortez, Ralph & Maria 1,875.00 Res Impry Prgm: Walczak, Patricia 675.00 7,975.00 105170 01/26/2006 004538 PAULEY EQUIPMENT COMPANY equipment repair: TCSD Maint. Div. 214.50 equipment repair: TCSD Maint. Div. 200.84 415.34 105171 01/26/2006 003218 PELA Nov -Dec TCSD plan check services 9,780.00 9,780.00 105172 01/26/2006 001958 PERS LONGTERM CARE PERS Long Term Care Payment 288.55 288.55 PROGRAM 105173 01/26/2006 000240 PETTY CASH Petty Cash Reimbursement 523.81 523.81 105174 01/26/2006 000249 PETTY CASH purchase (2) certificates/ee's ofthe year 200.00 200.00 105175 01/26/2006 000252 POLYCRAFT INC 3" City Seals/10" City Seals 1,077.50 1,077.50 105176 01/26/2006 002185 POSTMASTER -TEMECULA annual rental of PO Box 9033 868.00 868.00 105177 01/26/2006 003697 PROJECT DESIGN 10/17-11/13 prof svcs: SR79 Medians 3,444.63 3,444.63 CONSULTANTS 105178 01/26/2006 009655 QUALITY INN HtI:#110961 CFPI wrkshp MH/LN 3/13-17 769.50 769.50 105179 01/26/2006 001364 R C P BLOCK & BRICK INC graffiti remover supplies: PW Maint Div 607.71 607.71 105180 01/26/2006 004318 R J BULLARD CONSTRUCTION Dec prgs 3:Banier Rail Replacement 0109 68,176.22 68,176.22 INC Pages apChkLst Final Check List 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description 105181 01/26/2006 000728 RAMSEY BACKFLOW & test backflow devices: slopes PLUMBING test backflow devices: parks test backflow devices: slopes 105182 01/26/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters Jan 01-0&92010-0 P.B. Sports Complex Jan 01-04-47210-0 TES Pool Various Water Meters/Fire Stn 84 Jan 01-04-10033-2 Margarita Rd Jan 01-06-65006-0 Community Theater 105183 01/26/2006 004498 REPUBLIC ELECTRIC Dec on -call traffic signal maint Svcs: 105184 01/26/2006 009593 RETROFIT SERVICE CO INC modify HVAC control sys software: C.Thtr 105185 01/26/2006 007402 RICHARD BRADY & ASSOCIATES Dec prof svcs: Maint Fac Ekpan 105186 01/26/2006 006483 RICHARDS, TYREOSHA I. 105187 01/26/2006 000267 RIVERSIDE CO FIRE DEPARTMENT 105188 01/26/2006 001365 RIVERSIDE COUNTY OF 105189 01/26/2006 003587 RIZZO CONSTRUCTION INC 105190 01/26/2006 005026 ROADWORKS, INC. 105191 01/26/2006 000271 ROBERT BEIN WM FROST & ASSOC TCSD Instructor Earnings TCSD Instructor Earnings Haz/Mat FRO trn: L. Larson 2/4-5/06 renew permit: Sam Hicks Park (snack bar) repair/maint of Pantry Bldg: RDA replace roll -up door @ Fire Stn 84 Traffic Control Cert. Sem: A. Pina. Nov prof svcs: 1-15/SR79S Ult. Intrchg 105192 01/26/2006 002226 RUSSO, MARY ANNE TCSD Instructor Earnings TCSD Instructor Earnings 105193 01/26/2006 004598 S T KARCHITECTURE INC Dec design services: Wolf Creek Fire Stn Dec design services: Roripaugh Fire Stn 105194 01/26/2006 008693 SALAZAR, DONALD (SWD 000053) Support Payment 105195 01/26/2006 005227 SAN DIEGO COUNTY OF Support Pmt Case # DF099118 Amount Paid :fxx�v: 358.00 60.00 8,302.85 483.00 330.22 263.96 85.43 13.37 1,466.25 995.00 42,348.90 378.00 98.00 40.00 89.00 505.00 350.00 100.00 37,857.88 789.60 504.00 2,392.50 2,359.50 283.50 25.00 Page: 7 Check Total 1,073.00 9,478.83 1,466.25 995.00 42,348.90 476.00 40.00 89.00 855.00 100.00 37,857.88 1,293.60 4,752.00 283.50 25.00 Page:7 apChkLst Final Check List Page: 8 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105196 01/26/2006 006815 SAN DIEGO, COUNTY OF Support Pmt Account#581095025=$12.50 12.50 12.50 105197 01/26/2006 009661 SAVE OUR SOUTHWEST HILLS 11/12/05 Concert Payment 3,637.60 3,637.60 105198 01/26/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LO File#2005033893=$150.00 150.00 150.00 105199 01/26/2006 004609 SHREDFORCE INC Jan doc. shredding svcs: Records Mgmt 110.00 Jan doc. shredding secs: Police 32.50 Jan doc. shredding secs: CRC 22.50 165.00 105200 01/26/2006 007342 SHUTE, MIHALY & WEINBERGER Nov'05 legal services payment 984.24 984.24 LLP 105201 01/26/2006 009343 SILVIA CONSTRUCTION INC Dec prgs pmt 2: Pavement Rehab pw0412 748.80 748.80 105202 01/26/2006 000645 SMART & FINAL INC TCSD Special Event Supplies 182.22 MPSC recreation supplies 161.23 343.45 105203 01/26/2006 000537 SO CALIF EDISON Dec 2-00-397-5059 various meters 6,072.57 Jan 2-27-805-3194 Community Theater 2,978.55 Jan 2-26-887-0789 various meters 964.12 Jan 2-10-331-1353 Fire Stn 84 858.72 Jan 2-25-393-4681 TES Pool 638.01 Jan 2-27-632-3565 Camino Piedra Rojo 219.74 Jan 2-27-561}0625 P.B.Sports Complex 140.44 11,872.15 105204 01/26/2006 000519 SOUTH COUNTY PEST CONTROL pest control secs: R.R. Sports Park 84.00 INC pest control svcs: Fire Stn 84 80.00 pest control svcs: Fire Stn 92 42.00 pest control svcs: C. Museum 36.00 pest control svcs: TCC 36.00 278.00 105205 01/26/2006 005786 SPRINT 11/15-12/14/05 cell phone svcs/equip. 7,394.76 7,394.76 105206 01/26/2006 003421 SRA VENTURES FY 03/04 CFD 88-12 Reimbursement 13,396.94 13,396.94 105207 01/26/2006 001546 STRAIGHT LINE GLASS INC Res Impry Prgm: Ricks, Ted and Zella 1,664.37 1,664.37 105208 01/26/2006 008824 SUTHERLIN CONTRACTING INC rel. retention: Citywi de bus bench upgrds 11,089.00 11,089.00 105209 01/26/2006 000305 TARGET BANK BUS CARD SRVCS Tiny Tots Program Supplies 42.32 TCSD Special Event Supplies 8.69 51.01 Pageb apChkLst Final Check List Page: 9 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 105210 01/26/2006 006465 TEMECULA AUTO REPAIR 105211 01/26/2006 006914 TEMECULA COPIERS INC. (Continued) Description Amount Paid city vehicle repair/maint secs: Fire Prev 242.81 city vehicle repair/maint Svcs: Code Enf 114.58 city vehicle repair/maint svcs: Paramedics 97.50 city vehicle repair/maint svcs: Paramedics 27.56 Dec copier maint/usage: City Facilities 4,147.92 105212 01/26/2006 001035 TEMECULA ENVIRONMENTAL Jul-Dec'05 refuse and recyclable collection 2,163,061.80 credit: refuse and recyclable collection -41,665.43 105213 01/26/2006 000168 TEMECULA FLOWER CORRAL Sunshine Fund 281.02 105214 01/26/2006 005412 TEMECULA GARDEN & POWER equipment for PW Maint Div 105215 01/26/2006 005970 TEMECULA VALLEY PLAYERS Dec'05 Scrooge event payment 105216 01/26/2006 004274 TEMECULA VALLEY SECURITY locksmith services: City Hall CENTR 105217 01/26/2006 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 105218 01/26/2006 005937 TOMCZAK, MARIAT Jan -Mar elevator inspect/maint: Maint Fac Jan -Mar elevator inspect/maint: T. Mus. Jan -Mar elevator inspect/maintCity Hall Jan -Mar chair lift maint svcs: C.Theater Jan -Mar elevator inspect/maintCRC Jan -Mar elev.phone monitoring:Mntc Fac Jan -Mar elev.phone monitoring:T.Mus. Jan -Mar elevator phone monitoring:City TCSD Instructor Earnings 105219 01/26/2006 007433 TOVEY SHULTZ CONSTRUCTION Dec prgs pmt10: Roripaugh Fire Stn 0301 INC Nov prgs pmt 9-Sup: Roripaugh Fire Stn 105220 01/26/2006 003031 TRAFFIC CONTROL SERVICE INC misc traffic control devices for PW 105221 01/26/2006 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings INC 105222 01/26/2006 004895 TUMBLES, J.W. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 1,389.42 16,257.91 80.00 375.00 375.00 375.00 100.00 100.00 15.00 15.00 15.00 260,711.11 85,404.89 2,661.43 252.00 202.12 77.00 67.37 66.50 58.21 Check Total 482.45 4,147.92 2,121,396.37 281.02 1,389.42 16,257.91 80.00 1,370.00 56.00 346,116.00 2,661.43 252.00 471.20 Page9 apChkLst Final Check List Page: 10 01/26/2006 4:54:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105223 01/26/2006 007118 U S TELPACIFIC CORPORATION Jan Internet IF Addresses 946.91 Dec Internet IF Addresses 946.70 credit: late chrg/incorrect mailing address -13.99 credit: late chrg/incorrect mailing address -14.20 1,865.42 105224 01/26/2006 008517 UNITED SITE SERVICES OF 1/5/O6-2/1/06 fence rental: Main St 26.40 26.40 CALIF. 105225 01/26/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15 105226 01/26/2006 008837 VALLEY BUSINESS JOURNAL, Oct display ad: Community Theater 500.00 500.00 THE 105227 01/26/2006 006807 VANIR CONSTRUCTION Nov constr mgmt: Roripaugh Fire Stn 20,007.97 20,007.97 105228 01/26/2006 003665 VARTEC SOLUTIONS INC Dec long distance phone svcs 5.12 5.12 105229 01/26/2006 004261 VERIZON Jan xxx-5072 general usage 4,661.68 Jan xxx-0073 general usage 216.02 Jan xxx-1473 Police Storefront 77.25 Jan xxx-5473 Moraga Rd 28.47 Jan xxx-8573 general usage 28.40 5,011.82 105230 01/26/2006 004789 VERIZON ONLINE Jan Internet Svcs: xx2527 42.70 42.70 105231 01/26/2006 004848 VERIZON SELECT SERVICES INC Jan long distance phone svcs 716.95 Jan long distance phone svcs 3.76 720.71 105232 01/26/2006 004864 VINEYARD OF THE NEWWINE- balance due FY 05/06 CDBG funding 4,149.53 4,149.53 105233 01/26/2006 001342 WAXIE SANITARY SUPPLY INC custodial supplies: City Hall 106.19 106.19 105234 01/26/2006 003730 WEST COAST ARBORISTS INC 12/1-15/05 Citywide tree trimming svcs 12,385.00 11/16-30/05 Citywide tree trimming secs 1,800.00 14,185.00 105235 01/26/2006 009378 WESTERN RIM CONTRACTORS Dec prgs pmt 3: Maint Fac Expan 03-06 53,148.60 53,148.60 INC 105236 01/26/2006 002109 WHITECAP INDUSTRIES INC maint supplies for PW Maint Div 433.64 maint supplies for PW Maint Div 417.57 maint supplies for PW Maint Div 162.84 1,014.05 105237 01/26/2006 000341 WILLDAN ASSOCIATES INC Dec Fire Prev plan check secs 2,123.10 2,123.10 Page:10 apChkLst 01/26/2006 4:54:52PM Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 105238 01/26/2006 009390 WINNREAL PRODUCTIONS LLC Final Check List CITY OF TEMECULA (Continued) Description rental of 32 ETC par lights: Comm. Thtr Amount Paid 250.00 Grand total for UNION BANK OF CALIFORNIA: Page: 11 Check Total 250.00 3,750,974.91 Page:11 apChkLst 02/02/2006 1:58:06PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 634 01/27/2006 005460 U S BANK 05/06 SS#1 remittance for CFD's 2,769,423.37 2,769,423.37 635 01/27/2006 005460 U S BANK RDA Debt Service Payment 688,709.04 688,709.04 105239 02/02/2006 009206 A F M PRODUCTIONS INC Theater Telrad sights for stage lights 90.90 90.90 105240 02/02/2006 004765 ACTIVE NETWORK INC, THE Refund:7962515 Valencia: Beg. Violin 162.50 162.50 105241 02/02/2006 009010 ALEXANDER PACIFIC Install blue step lighting @ theater 13,350.00 13,350.00 105242 02/02/2006 009672 ALEXANDER, VERA Refund: Creative Beginnings for Parent 35.00 35.00 105243 02/02/2006 006915 ALLIE'S PARTY EQUIPMENT Misc Equip. Rental:Old Town Holidays 1,004.98 Misc Equip. Rental:Old Town Holidays 673.06 Misc Equip. Rental:Old Town Holidays 275.88 1,953.92 105244 02/02/2006 002877 ALTA LOMA CHARTER LINES Bus:1/21 Getty Museum excursion 803.20 803.20 105245 02/02/2006 008279 AMERICOMP INFOSYSTEMS INC 5 - Flat Panel Display Monitors 1,575.44 Computer supplies: DVR Recorder 393.29 1,968.73 105246 02/02/2006 000101 APPLE ONE INC Temp Help PPE 1/14 Kasparian 655.20 Temp Help PPE 1/7 Kasparian 524.16 1,179.36 105247 02/02/2006 009667 BAKER, CRAIG Refund: Security Depst: CRC 400.00 400.00 105248 02/02/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 385.00 385.00 105249 02/02/2006 009673 BLAIR, KAY Refund: Ovrpmt Miss Sue's Tap 24.00 24.00 105250 02/02/2006 009669 BORDELON, KIM Refund: Fairytale Princess Dance Class 24.00 24.00 105251 02/02/2006 004380 BOY SCOUTS OF AMERICA FY 05/06 Comm. Svc Funding Awrd 1,500.00 1,500.00 105252 02/02/2006 004380 BOY SCOUTS OF AMERICA Refund: Security Depst: CRC 150.00 150.00 105253 02/02/2006 009437 BRENNER FIELDER & ASSOC, Parts for H.Lake vacuum pumps: TCSD 55.32 55.32 INC Pagel apChkLst Final Check List Page: 2 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105254 02/02/2006 007243 BROOKSTONE Employee Recognition Service Awards 200.00 200.00 105255 02/02/2006 007116 CAL -DUCT, INC. Catch basin vactron parts 596.79 596.79 105256 02/02/2006 000484 CALIF ASSN FOR LOCAL Regist:CALED Cf:AdamsA/Volnick:4/23-26 1,190.00 1,190.00 ECONOMIC 105257 02/02/2006 005321 CALIF ASSOC OF CODE Regist:CACEO Wksp: 2/15:Cole 65.00 ENFORCE... Regist:CACEO Wksp:2/15:Ching 65.00 Regist:CACEO Wksp: 2/15: Grove 65.00 195.00 105258 02/02/2006 008613 CALIF BANK & TRUST Rel Retention Esrw 2160075819 Wolf Crk 116,651.10 116,651.10 105259 02/02/2006 000152 CALIF PARKS & RECREATION Regist:CPRS Training 6/4-6/11/05:Staff 100.00 100.00 SOC 105260 02/02/2006 004971 CANON FINANCIAL SERVICES, Feb Copiers Lease: City Fac. 1,894.71 INC Feb Copiers Lease:T.Museum/Frnt Rec. 203.58 Feb Copiers Lease:Crc/Aquatics 178.86 Feb Copiers Lease: Fire Stn 12 69.96 2,347.11 105261 02/02/2006 000387 CAREER TRACK SEMINARS Regist:Women's Cf:3/9: KS/DC/.MC 208.00 208.00 105262 02/02/2006 002534 CATERERS CAFE Refreshments: Planning Comm. Mtg 160.00 160.00 105263 02/02/2006 009574 COLLECTOR Sept -Dec publications for Old Town 800.00 800.00 105264 02/02/2006 001193 COMP U S A INC projector replacement lamps 1,127.04 1,127.04 105265 02/02/2006 000442 COMPUTER ALERT SYSTEMS Repair panic button:Mntc Fac. 80.00 80.00 105266 02/02/2006 002945 CONSOLIDATED ELECTRICAL Theater Electrical supplies 137.92 DIST Theater Electrical supplies 96.43 Electrical supplies: Park sites 45.26 279.61 105267 02/02/2006 009680 CORDOVA, ELIZABETH Refund: Tiny Tots -Terrific 3's 1040.503 64.00 64.00 105268 02/02/2006 005925 CYGNUS EXPOSITIONS Regist:FireHouse Cf:2/19-23:Buckley 275.00 275.00 105269 02/02/2006 009545 D C HUBBS CONSTRUCTION Installation of guard rail on City 9,175.68 9,175.68 Page2 apChkLst Final Check List Page: 3 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105270 02/02/2006 001393 DATA TICKET INC Sept 05 parking citation processing svcs 612.04 612.04 105271 02/02/2006 009671 DELFABRO, JUDY Settlement release claim 2005-507 276.91 276.91 105272 02/02/2006 006150 DIALOGIC COMMUNICATIONS Ann'I Tech Support for Emerg System 2,000.00 2,000.00 CORP. 105273 02/02/2006 004294 DIVERSIFIED LANDSCAPE CO. Pala Rd habitat restoration svcs 3,000.00 3,000.00 105274 02/02/2006 008230 DOUGLAS E BARNHART INC 11/26-12/25 Prgss:Wolf Crk Sprts Cmplx 1,049,861.90 1,049,861.90 105275 02/02/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW 1,150.43 INC Fuel for City vehicles: TCSD 978.44 Fuel for City vehicles: Land/CIP/PW 324.87 Fuel for City vehicles: B&S 308.73 Fuel for City vehicles:CIP 67.48 Fuel for City vehicles: Code Enforce 58.94 Fuel for City vehicles: Trail Blazer 28.49 2,917.38 105276 02/02/2006 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 447.25 Supplies for graffiti removal 30.87 478.12 105277 02/02/2006 002528 EAGLE GRAPHIC CREATIONS Sister Cities endowment 269.38 269.38 INC 105278 02/02/2006 002390 EASTERN MUNICIPAL WATER Sewer connection fee:Seq 1283176 65,348.67 65,348.67 DIST 105279 02/02/2006 005251 EQUIPMENT REPAIR SERVICE Mobile equip repair svcs: PW Mntc 810.00 810.00 105280 02/02/2006 009668 ESTRADA, TERESITA Refund: Security Depst: MPSC 150.00 150.00 105281 02/02/2006 001056 EXCEL LANDSCAPE Dec Idscp impr: Slope Areas 1,039.88 Jan Idscp impr:TES Pool Site 809.00 Jan Idscp impr:Comm. Facilities 768.00 Jan Idscp impr:Sport Prks 645.75 Dec Idscp impr:Slope Areas 106.76 3,369.39 105282 02/02/2006 000165 FEDERAL EXPRESS INC Express mail services 90.51 90.51 105283 02/02/2006 009683 FELLARS, BROOKIE B. Refund: Tiny Tots -Fab 4 & 5's 1045.501 64.00 64.00 Page3 apChkLst Final Check List Page: 4 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105284 02/02/2006 000166 FIRST AMERICAN TITLE Lot Book Report: Lillie 75.00 COMPANY Lot Book Report: Hernandez 75.00 Lot Book Report: Portillo 75.00 225.00 105285 02/02/2006 003347 FIRST BANKCARD CENTER 001500 SAN DIEGO REGIONAL TRAIN DU Customer Svc Trng:SF/JM:12/2 150.00 CTR 007409 OLD TOWN DINING LLC DU Refreshments: Commissioners Mtg 119.95 007409 OLD TOWN DINING LLC DU Refreshments:Asst Planner Interview 72.00 009548 1 D C CONFERENCE CALL SVCS DU Conference call support svcs 61.28 403.23 105286 02/02/2006 009684 FLOREZ, KILEY Refund: Ballroom Dancing 3200.206 43.00 43.00 105287 02/02/2006 000795 FRED PRYOR SEMINARS- Regist:Mult Priorities:4/27:Caravelli 99.00 99.00 CAREERTRAC 105288 02/02/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 2,114.11 2,114.11 105289 02/02/2006 004514 G T S I CORP Vehicle Updgrades Fire Stns 576.03 576.03 105290 02/02/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prev. 26.85 26.85 105291 02/02/2006 000175 GOVERNMENT FINANCE DVD 10th Ann'l GoVt GAAP Updates 47.95 OFFICERS Credit: Ovrpmt of Debt Issuance Bk -8.00 39.95 105292 02/02/2006 008361 GRAPE STOMPERS SO DANCE TCSD instructor earnings 220.50 220.50 CLUB 105293 02/02/2006 004053 HABITAT WEST INC Biological Svcs:Long Canyon Basin 6,170.40 6,170.40 105294 02/02/2006 008081 HALL & FOREMAN INC Dec surveying svcs:Pechanga Prkwy 2,350.00 2,350.00 105295 02/02/2006 009670 HARDCASTLE, MICHELLE Refund: Beginning Guitar 73.75 73.75 105296 02/02/2006 007371 HARVESTON, LLC Refund: Security Depst: Lake Prk 75,000.00 75,000.00 105297 02/02/2006 004811 HEWLETT PACKARD Computer Docking Stn/AC Adapter 246.75 246.75 105298 02/02/2006 000871 HILTON Ht1: ULI Conf: G. Thornhill 2/16-17/06 236.61 236.61 Page:4 apChkLst 02/02/2006 1:58:06PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105299 02/02/2006 003198 HOME DEPOT, THE Hardware supplies: Parks 40.82 40.82 105300 02/02/2006 001060 HYATT Htl: APA Cf: J. Telesio 4/22-26/06 804.05 804.05 105301 02/02/2006 001060 HYATT Ht1:APA Conf: D. Hazen 4/22-26/06 603.24 603.24 105302 02/02/2006 007767 1 C COMPOUND COMPANY PW dump truck clean/coat supplies 742.45 742.45 105303 02/02/2006 009693 INLAND VALLEY CLASSICAL Theater ticket settlement Nutcracker 2,953.45 2,953.45 BALLET 105304 02/02/2006 009666 IVERSEN, PATTI Refund: Security Depst- CRC 150.00 150.00 105305 02/02/2006 009393 J M DIAZ INC Trffc sgnl consultant: R.Cal./1-15-Ynaz 7,862.50 Trffc sgnl consultant: Rdhwk/Ovrind 2,366.20 Trffc sgnl con sultant:Jefferson/San born 1,973.03 12,201.73 105306 02/02/2006 009382 JAUGAN, RAMONETTE Refund: Security Depst/Rental: CRC 481.00 481.00 105307 02/02/2006 003046 K F R O G 95.1 FM RADIO Radio broadcasting: Special Events 1,374.00 1,374.00 105308 02/02/2006 004115 K T U & ASSOCIATES Dec Design: Roripaugh Ranch Trails 5,748.10 5,748.10 105309 02/02/2006 001282 KNORR SYSTEMS INC Regist:Pool Oper Cert:Maisey:2/27-28 401.00 401.00 105310 02/02/2006 009336 KOPIE SHOP LLC Theater hard hat invitations 279.61 279.61 105311 02/02/2006 009674 KRIEGER BARON, NANCY Refund: 25 % of Planning App Fees 544.25 544.25 105312 02/02/2006 001719 L P A INC Nov Library Donor Related Issues 14,763.56 14,763.56 105313 02/02/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 157.50 157.50 105314 02/02/2006 009686 LECHUSZA, ALAN History of Jazz Lectures T.Museum 200.00 200.00 105315 02/02/2006 000482 LEIGHTON CONSULTING INC Oct -Nov Geotechnical svcs:Library 19,120.40 19,120.40 Pages apChkLst Final Check List 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description 105316 02/02/2006 004905 LIEBERT, CASSIDY&WHITMORE Dec HR legal svcs for TE0604001 105317 02/02/2006 008383 LIM & NASCIMENTO Dec civil eng svcs:Margarita Rd ENGINEERING 105318 02/02/2006 004135 LOGIC COMPUTER PRODUCTS Computer supplies: SDLT Tapes 105319 02/02/2006 005963 LORMAN EDUCATION SERVICES Regist:Bldg. Codes:2/15/06:N.M./M.H. 105320 02/02/2006 004087 LOWES INC 105321 02/02/2006 004141 MAINTEX INC 105322 02/02/2006 001967 MANPOWER TEMPORARY SERVICES 105323 02/02/2006 001256 MARRIOTT HOTEL 105324 02/02/2006 001256 MARRIOTT HOTEL 105325 02/02/2006 000220 MAURICE PRINTERS INC Hardware supplies: Theater Hardware supplies: Theater custodial supplies: City Hall custodial supplies: Park sites custodial supplies: CRC custodial supplies: TCC custodial supplies: Old Town Temp Help W/E 01/15 JD/JH/DH/KN Temp Help W/E 01/08 JH/DH/KN HtI:APA Conf/D.West 422-26/06 HtI:APO Certification/J.Maisey Qty 5000 Online Business Resource Flyers Amount Paid 150.00 15,095.24 943.89 319.00 874.64 119.51 417.12 305.06 278.08 188.97 178.22 3,713.88 2,232.01 542.53 131.00 738.09 Page: 6 Check Total 150.00 15,095.24 943.89 319.00 994.15 1,367.45 5,945,89 542.53 131.00 738.09 105326 02/02/2006 009689 MELNYCHENKO, DONNA refund: Excursions - Getty Museum 15.00 15.00 105327 02/02/2006 007210 MIDORI GARDENS irrigation repairs: Lake Park 1212/05 184.74 184.74 105328 02/02/2006 008976 MILGARD MANUFACTURING, INC refund: permit/26879 Diaz Rd, Temecula 2,853.00 2,853.00 105329 02/02/2006 009691 MILLER, JIM refund: room rental/MPSC 108.00 108.00 105330 02/02/2006 008091 MILLMORE'S WAX CREW City vehicles detailing svcs: PW Depts. 125.00 125.00 105331 02/02/2006 001384 MINUTEMAN PRESS business cards: M. Edwards 115.56 115.56 Pages apChkLst Final Check List Page: 7 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105332 02/02/2006 004534 MOBILE SATELLITE VENTURES Feb EOC Stn Satellite Phone Svcs 71.89 71.89 LP 105333 02/02/2006 001986 MUZAK -SOUTHERN CALIFORNIA Feb "on -hold" phone music:City Hall 124.41 124.41 105334 02/02/2006 008373 NATIONS RENT WEST INC add'I light tower rental: Hol. Parade 989.53 add'I light tower rental: Hol. Parade 457.54 1,447.07 105335 02/02/2006 009337 NOLTE ASSOCIATES INC Dec dsgn svcs: Bridge Fencing Prjt 1,958.41 1,958.41 105336 02/02/2006 009570 O C B REPROGRAPHICS Dupl Blueprints: Multi -Trail Sys/Ctywide 39.57 Dupl. Blueprints: Pechanga Pkwy Impry 36.85 76.42 105337 02/02/2006 009685 OCK GYU LEE, JANET Refund: permit/28849 Old Town Front St. 3,367.00 3,367.00 105338 02/02/2006 006721 OFFICEMAX-A BOISE COMPANY Misc Office Supplies: Finance 72.70 72.70 105339 02/02/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 1,436.07 City Vehicle Repair/Maint Svcs 293.10 City Vehicle Repair/Maint Svcs 67.10 City Vehicle Repair/Maint Svcs 46.28 1,842.55 105340 02/02/2006 009694 ONSTAGE MUSICALS plays/musical series 11/13 & 11/19 18,104.89 18,104.89 105341 02/02/2006 002297 OVERLAND PACIFIC & CUTLER plans/reports: Civic Center Prjt 2,500.00 INC Dec consulting svcs: Civic Center Prjt 978.75 Nov consulting svcs: Civic Center Prjt 171.25 3,650.00 105342 02/02/2006 009678 OWENS, LISA refund: Tiny Tots- Fab 4 & 5's 64.00 64.00 105343 02/02/2006 006723 OZBUN, CYNDI Refund: Edible Art Club 10.00 10.00 105344 02/02/2006 005656 PAPA PAPA Sem: Thurman/Camberos 3/15/06 130.00 130.00 105345 02/02/2006 004538 PAULEY EQUIPMENT COMPANY Golf cart rental/Hol. Parade 12/2 Code 156.80 156.80 105346 02/02/2006 009687 PEETE, ROSIE refund: Security Deposit/MPSC 150.00 150.00 105347 02/02/2006 003218 PELA Aug/Sep/Oct Idscp inspections: St" Drain 1,687.50 Nov/Dec Idscp plan ck: P.B. Sports Cmplx 1,237.50 Nov Idscp plan ck svcs: SR79S Medians 450.00 3,375.00 Page:7 apChkLst Final Check List Page: 8 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105348 02/02/2006 002498 PETRA GEOTECHNICAL INC Jun'05 Geotechnical Svcs:W.C.Sprts Cmpl 8,801.50 Nov Geotechnical Svcs: W.C.Sports Cmplx 2,105.50 Inv# 31060/Calc. Error: W.C.Sprts Cmplx 5.00 10,912.00 105349 02/02/2006 000240 PETTY CASH Petty Cash Reimbursement 559.26 559.26 105350 02/02/2006 003493 PRO -CRAFT Res Impry Prgm: Ricks, Ted and Zella 769.00 769.00 105351 02/02/2006 003697 PROJECT DESIGN 11/14-12/4/05 Prof Svcs: Murr.Crk/Ovrind 1,192.04 1,192.04 CONSULTANTS 105352 02/02/2006 004029 R J M DESIGN GROUP INC Nov Dsgn Svcs: P.B. Sports Complex 5,887.30 5,887.30 105353 02/02/2006 003742 REHAB FINANCIAL (4) RDA loan prgms set-up services 600.00 600.00 CORPORATION 105354 02/02/2006 003591 RENES COMMERCIAL weed spraying svcs: Citywide R-O-Ws 12,500.00 12,500.00 MANAGEMENT 105355 02/02/2006 002110 RENTAL SERVICE rental equipment for PW Maint 91.48 CORPORATION rental equipment for PW Maint 23.42 114.90 105356 02/02/2006 000418 RIVERSIDE CO CLERK & Res Impry Prgm: Lizotte, Joann 30.00 30.00 RECORDER 105357 02/02/2006 000418 RIVERSIDE CO CLERK & Res Impry Prgm: Kramer, Wilson 11.00 11.00 RECORDER 105358 02/02/2006 000418 RIVERSIDE CO CLERK & Res Impry Prgm: Hart, Carolyn 11.00 11.00 RECORDER 105359 02/02/2006 001592 RIVERSIDE CO INFO Dec radio rental & maint: Police 684.00 684.00 TECHNOLOGY 105360 02/02/2006 000357 RIVERSIDECO purchase impry plans/var. tract maps:PW 88.00 88.00 TRANSPORTATION 105361 02/02/2006 006432 RIVERSIDE COMM. COLLEGE Prevention 1A: S.WIIs 3/20-24/06 130.00 130.00 DIST. 105362 02/02/2006 002181 RIVERSIDE CONSTRUCTION Dec Prgs Pmt 11ANnchester Widen 00-27 30,862.91 30,862.91 COMPANY 105363 02/02/2006 001365 RIVERSIDE COUNTY OF renew permit: Kent Hintergardt Park 89.00 89.00 Pageb apChkLst Final Check List Page: 9 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 105364 02/02/2006 003587 RIZZO CONSTRUCTION INC 105365 02/02/2006 009670 ROHUS, EILEEN 105366 02/02/2006 009675 ROSATO, ANGELA 105367 02/02/2006 000277 S & S ARTS & CRAFTS INC 105368 02/02/2006 001942 S C SIGNS 105369 02/02/2006 009196 SACRAMENTO THEATRICAL LIGHTING 105370 02/02/2006 009688 SALAZAR, MARIA (Continued) Description pool waterslide repairs @ CRC repair ice maker @ Maint Fac refund: Tiny Tots - Fab 4 & 5's/Sarah refund: Tiny Tots - Fab 4 & 5's/Zachary refund: Tiny Tots - Fab 4 & 5's Tiny Tots Program Supplies Dec'05 posting public notices: Planning Oct'05 posting public notices: Planning Oct -Dec Posting Public Notices:City Clrk Nov'05 Posting Public Notices: Planning Lighting Equipment: Commnuity Theater Lighting Equipment: Commnuity Theater refund: Security Deposit/CRC 105371 02/02/2006 004562 SCHIRMER ENGINEERING CORP. Dec plan check svcs: Fire Prev Amount Paid 1,854.00 729.00 64.00 64.00 64.00 153.39 2,720.00 1,650.00 1,560.00 935.00 437.75 72.65 400.00 8,905.00 Check Total 2,583.00 128.00 64.00 153.39 6,865.00 510.40 400.00 8,905.00 105372 02/02/2006 009641 SIRAJEE, GAZALA refund: Tennis Clinic 5.00 5.00 105373 02/02/2006 000537 SO CALIF EDISON Jan 2-00-397-5042 City Hall 5,824.36 Dec 2-19-999-9442 various meters 1,283.68 Jan 2-02-351-4946 MPSC 791.50 Jan 2-27-615-1750 Fire Stn 73 648.41 Jan 2-18-937-3152 T. Museum 557.81 Jan 2-23-365-5992 Fire Stn 92 371.67 Jan 2-11-007-0455 6th Street 315.58 Jan 2-22-891-0550 various meters 308.74 Jan 2-20-817-9929 Police Storefront 252.40 Jan 2-21-911-7892 S. Side Prk Lot 143.61 Jan 2-27-287-5527 various meters 08.25 Jan 2-19-171-8568 Wedding Chapel 64.85 Jan 2-21-981-4720 Hwy 79 63.52 Jan 2-14-204-1615 Front St Radio 29.70 Jan 2-27-371-8494 Records Mgmt 21.55 10,775.63 105374 02/02/2006 001212 SO CALIF GAS COMPANY Jan City facilities gas meters 8,858.62 Jan 101-525-1560-6 Fire Stn 73 514.39 Jan 095-167-7907-2 Fire Stn 84 416.72 9,789.73 105375 02/02/2006 009690 SOTEL, MAYO refund: Tai Chi 25.00 25.00 Page9 apChkLst Final Check List Page: 10 02/02/2006 1:58:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105376 02/02/2006 000519 SOUTH COUNTY PEST CONTROL pest control svcs: City Facilities 379.00 INC pest control svcs: Old Town Front St. 84.00 463.00 105377 02/02/2006 005786 SPRINT Jan Acct Level Chrgs 32.31 32.31 105378 02/02/2006 005610 ST NICHOLAS GREEK refund: Picnic Shelter/Harveston Comm Pk 97.50 ORTHODOX refund: picnic shelter/Harveston Comm 55.00 152.50 105379 02/02/2006 008337 STAPLES BUSINESS office supplies: T.Museum 115.83 115.83 ADVANTAGE 105380 02/02/2006 003000 STATE WATER RESOURCES Storm water permit:Harveston Bridge Prjt 203.00 203.00 105381 02/02/2006 003840 STRONGS PAINTING paint monument walls/var. City locations 300.00 300.00 105382 02/02/2006 000305 TARGET BANK BUS CARD SRVCS misc office supplies: PW Depts. 284.33 284.33 105383 02/02/2006 005328 TEMECULA CREEK CHRISTIAN refund: Security Deposit/MPSC 150.00 150.00 105384 02/02/2006 000307 TEMECULA TROPHY COMPANY plaque/reception area: Community Theater 1,208.65 1,208.65 105385 02/02/2006 000311 TEMECULA VALLEY HIGH jazz ensemble/winter concert 1/21/06 767.65 767.65 SCHOOL 105386 02/02/2006 004477 TEMECULA VALLEY WOMANS FY 05/06 Comm Svc Funding Awrd 5,000.00 5,000.00 CLUB 105387 02/02/2006 009676 THOMPSON, DINA refund: Tiny Tots- Fab 4 & 5's 64.00 64.00 105388 02/02/2006 000668 TIMMY D PRODUCTIONS INC sound svcs: Tree Light/Duck Pond 1128 250.00 250.00 105389 02/02/2006 008895 TRYBULSKI, ABBY refund: Miss Sue's Jazz 105.00 105.00 105390 02/02/2006 009681 UY, TR INA refund: Picnic Shelter/Temeku Hills Pk 48.00 48.00 105391 02/02/2006 004368 VALI COOPER &ASSOCIATES Dec temp inspection secs: GB/DV 16,329.01 16,329.01 INC 105392 02/02/2006 004261 VERIZON Jan var. City phone lines/general usage 725.02 725.02 Page:10 apChkLst 02/02/2006 1:58:06PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 105393 02/02/2006 004789 VERIZON ONLINE Jan Internet secs/x 9549 Police 42.70 42.70 105394 02/02/2006 009695 WESTGATE HOTEL, THE htl:#584306/Fire House World Cf 2119-23 574.60 574.60 105395 02/02/2006 000867 WESTIN HOTEL, THE HtI: APA Conf/R. Guerriero 4/21-26/06 903.29 903.29 105396 02/02/2006 009682 WOODS, LASHAY refund: Security Deposit/Room Rental 368.00 368.00 105397 02/02/2006 005746 YONKER, JADA EE computer purchase prgm 1,840.52 1,840.52 105398 02/02/2006 003776 ZOLL MEDICAL CORPORATION medical supplies: Paramedics 577.04 577.04 Grand total for UNION BANK OF CALIFORNIA: 5,090,681.00 Page:11 ITEM NO. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 14, 2006 SUBJECT: Property Insurance Renewal PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council approve the City of Temecula Property Insurance Policy renewal with Chubb Insurance Company, Landmark American Insurance Company for the period of February 26, 2006 through February 26, 2007, in the amount of $189,146. BACKGROUND: The City's General Property insurance policy with Chubb Insurance Company and Landmark American Insurance Company expires on February 26, 2006. Based on the current market conditions, staff directed the City's Property Insurance Broker, Brown & Brown/Cal-Surance Associates, Inc., to market the City's property insurance policy. In response to this request, Brown & Brown/Cal-Surance Associates, Inc. validated the inventory of all City buildings and property requiring coverage, and obtained several qualified proposals for basic property insurance. Four of the most competitive proposals were received from the following companies in the amounts listed below. Additionally, Brown & Brown/Cal-Surance Associates, Inc. has provided a proposal for Earthquake and Flood Insurance from Landmark American Insurance Company: EARTHQUAKE/ BASE FINE ARTS / ARCHES TOTAL INSURANCE CARRIER PREMIUM HISTORICAL BUILDING PREMIUM Chubb Insurance $65,900 $123,246 $ 189,146 Philadelphia Indemnity $74,911 $123,246 $ 198,157 Insurance Company Insurance Company of $81,410 $123,246 $ 204,656 The West St Paul Travelers $86,114 $123,246 $ 209,360 Insurance Company This total premium of $189,146 is within the City's expectation when considering a total property value increase of over $20 million. The addition of the Community Theater, Harveston Community Park/Recreation Facility and the McLaughlin Building in Old Town represented a significant increase to the total insured value. Also, because of increased building costs it was necessary to increase replacement cost values on several other City facilities to include City Hall, CRC, TCC, Senior Center and Museum. The City's basic earthquake and flood insurance premium is $123,246 and maintains coverage in the amount of $15 million. This premium more than doubled for two reasons; the effects of hurricanes Katrina and Rita specifically for flood insurance and the increases in total property value for new and existing properties. Based on the total value of all City property having been assessed at over $50 million, and the factthattotal losses are not likelyto occur in the event of an earthquake or flood this coverage is considered sufficient. This is the recommendation from the City's property insurance broker and is in accordance with the industry standard and practices. The City's risk is minimal in using Chubb because in addition to being an admitted carrier in the State of California, it has a financial size category $2 billion of reported capital surplus and conditional reserve funds. The attached proposals summarize the premium and coverage provided by Chubb and Landmark American Insurance Companies. FISCAL IMPACT: Because of savings in the Fiscal Year 2005-06 insurance budget adequate funds for the property insurance premium are available for the remaining four months of FY 2005-06. The Annual Operating Budget for FY 06-07 will establish additional funding for the increased annual premium. ATTACHMENTS: I. Chubb Insurance Proposal Summary II. Earthquake Proposal (Landmark American Insurance Company) IGfiiFL.LTiL-11a CHUBB INSURANCE COMPANY PROPOSAL SUMMARY TERM: February 26, 2006 - February 26, 2007 FORMAT: Occurrence NAMED INSURED: City of Temecula PROPERTY COVERAGE LOCATION BUILDING & CONTENTS DEDUCTIBLE ALL $52,565,750 $10,000 per occurrence COVERAGE INCLUDED: COVERAGE LIABILITY LIMIT Building & Personal Property $52,565,750 Contractor's Equipment $409,900 Business Income Extra Expense - Blanket $623,716 Fine Arts $100,000 Valuable Papers $1,170,000 Misc Unscheduled Equip & Mobile Voice Equip $150,000 EDP Property Blanket $2,740,000 Personal Property at Unnamed Locations $606,000 Machinery Breakdown Included Attachment I cont'd Coverages Included in $250,000 "Blanket Limit" ADDITIONAL COVERAGES Chubb Form LIMIT Electronic Data Processing Equipment Blanket Limit Personal Property of Employees Blanket Limit Consequential Damage Blanket Limit Fire Department Service Charges Blanket Limit Fine Arts Blanket Limit Extra Expenses Blanket Limit Accounts Receivable Blanket Limit Valuable Papers Blanket Limit Outdoor Trees, Shrubs, Plants or Lawns Installation Blanket Limit Leasehold Interest Blanket Limit Newly Acquired Premises or Constructed Property (180 Days) COVERAGES With Specific Limits LIMIT Building $2,000,000 Personal Property $1,000,000 Electronic Data Processing Equipment $1,000,000 Electronic Data Processing Media & Duplicates $100,000 Fine Arts $20,000 Telephone Equipment $100,000 UNFRITi --'i 11 EARTHQUAKE COVERAGE TO BE PROVIDED BY LANDMARK AMERICAN INSURANCE COMPANY COVERAGE: Difference In Conditions including earthquake, earthquake sprinkler leakage, and flood. INTERESTS COVERED: Real property, personal property, business income, extra expense, valuable papers, EDP hardware, EDP software, EDP extra expense, stock tenant's improvements, and betterments, and equipment. LIMITS: $15,000,000 per occurrence, and in the annual aggregate as respects earthquake sprinkler leakage subject to earthquake aggregate. UNDERLYING $25,000 per occurrence, except LIMITS/DEDUCTIBLE 5% per unit of insurance (including time element) subject to a minimum of $50,000 per occurrence for earthquake $50,000 per occurrence for flood EXCLUSIONS: Pollution, contamination, asbestos, flood zone 'A', 'V', or 100 Year flood plain. VALUATION: Replacement cost, except actual loss sustained on time element ITEM NO. 4 Approvals City Attorney 220 Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 14, 2006 SUBJECT: City Treasurer's Report as of December 31, 2005 PREPARED BY: Karin A. Grance, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of December 31. 2005. BACKGROUND: 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 December 31. 2005. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of December 31, 2005 l City of Temecula City of Temecula, California 43200 Business Park Drive Portfolio Management e0. Box 9033 Temecula, CA, 92590 Portfolio Summary (951)694 6430 -_ _- December 31, 2005 Par MaAM Book % M Days to YTM Y!M Investments Value Value Value Portfolio Term Matunly %O Equiv. 365 Equiv. Managed Pool Accounts 1370778535 13 707 78535 1370778535 1096 1 1 3373 3420 Local Agency Investment Funds 46 752082 95 46 677 29820 46 752082 95 3737 1 1 3756 380e Federal Agency Callable Securities 49 595000 00 4e76542655 49 587360 00 3963 965 574 3549 359e Federal Agency Bullet Securities 10 000000 00 9 966 27000 10 000000 00 799 313 229 4922 49e0 Invests ent Contacts 5,06648876 5i066i48876 5 066488 76 405 9,336 7918 4288 434e 125,121,357.05 124,183,268.86 125,1132717.06 100.00% 786 567 3,683 3.734 Investments Cash PassbooWCnecMng 2,16245277 2, 16245277 2,16245277 1 1 LWo 1085 (not included In yield calculations) Total Cash and Investments 127,283,809.83 126,345,721.63 127,276,169.83 786 567 3.683 3.734 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year 38713795 2,356,36854 Average Daily Balance 125,502,794.85 Effective Rate of Return 3.63 % Reporting period 1210112OM-1031R005 Portfolio TEME CP Run Date 01-1431 PM (CRY sell) eymRepl 641 ID2a Repair Per 5 00 City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2005 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYSCFD 03-04-1 AD 03-04-1 First American Treasury 7,094.78 7,094.78 7,094.78 3.420 3.373 3.420 1 SYSCFD 03-04-2 AD 03-04-2 First American Treasury 7,096.72 7,096.72 7,096.72 3.420 3.373 3.420 1 SYSCFD 03-04-3 AD 03-04-3 First American Treasury 102,644.99 102,644.99 102,644.99 3.420 3.373 3.420 1 SYSCFD 03-04-5 AD 03-04-5 First American Treasury 09/01/2005 29,248.24 29,248.24 29,248.24 3.420 3.373 3.420 1 SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 953,311.05 953,311.05 953,311.05 3.420 3.373 3.420 1 SYSCFD 01-2-2 CFD 01-2-2 FirstAmerican Treasury 285,552.85 285,552.85 285,552.85 3.420 3.373 3.420 1 SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 7,757.57 7,757.57 7,757.57 3.420 3.373 3.420 1 SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 135,007.83 135,007.83 135,007.83 3.420 3.373 3.420 1 SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 2,866,360.03 2,866,360.03 2,866,360.03 3.420 3.373 3.420 1 SYSCFD 03-1-1 CFD 03-03-1 First American Treasury 3,417.88 3,417.88 3,417.88 3.420 3.373 3.420 1 SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 10,222.62 10,222.62 10,222.62 3.420 3.373 3.420 1 SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 106.16 106.16 106.16 3.420 3.373 3.420 1 SYSCFD 03-03-3 CFD 03-03-3 First American Treasury 16.93 16.93 16.93 3.430 3.383 3.430 1 SYSCFD 03-03-6 CFD 03-03-6 First American Treasury 0.02 0.02 0.02 3.420 3.373 3.420 1 SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 544.48 544.48 544.48 3.420 3.373 3.420 1 SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,032.84 3,032.84 3,032.84 3.420 3.373 3.420 1 SYSCFD 03-06-1 CFD 03-06-1 First American Treasury 3,133.54 3,133.54 3,133.54 3.420 3.373 3.420 1 SYSCFD 03-06-2 CFD 03-06-2 First American Treasury 346,823.96 346,823.96 346,823.96 3.420 3.373 3.420 1 SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 3,926,777.76 3,926,777.76 3,926,777.76 3.420 3.373 3.420 1 SYSCFD 03-1-1 CFD 03-1-1 First American Treasury 114,847.00 114,847.00 114,847.00 3.420 3.373 3.420 1 SYSCFD 03-1-10 CFD 03-1-10 First American Treasury 947.24 947.24 947.24 3.420 3.373 3.420 1 SYSCFD 03-1-13 CFD 03-1-13 First American Treasury 08/31/2005 81,797.69 81,797.69 81,797.69 3.420 3.373 3.420 1 SYSCFD 03-1-16 CFD 03-1-16 First American Treasury 08/31/2005 224,839.38 224,839.38 224,839.38 3.420 3.373 3.420 1 SYSCFD 03-1-2 CFD 03-1-2 First American Treasury 82.25 82.25 82.25 3.420 3.373 3.420 1 SYSCFD 03-1-21 CFD 03-1-21 First American Treasury 08/31/2005 3,366,731.83 3,366,731.83 3,366,731.83 3.420 3.373 3.420 1 SYSCFD 03-1-3 CFD 03-1-3 First American Treasury 0.00 0.00 0.00 3.340 3.294 3.340 1 SYSCFD 03-1-5 CFD 03-1-5 First American Treasury 4.25 4.25 4.25 3.530 3.482 3.530 1 SYSCFD 03-1-6 CFD 03-1-6 First American Treasury 757.96 757.96 757.96 3.420 3.373 3.420 1 SYSCFD 03-1-8 CFD 03-1-8 First American Treasury 520,081.71 520,081.71 520,081.71 3.420 3.373 3.420 1 SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 48,316.56 48,316.56 48,316.56 3.420 3.373 3.420 1 SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 660,684.14 660,684.14 660,684.14 3.420 3.373 3.420 1 SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 2.12 2.12 2.12 3.300 3.255 3.300 1 SYSRDA TABS-1 RDA TABs-1 First American Treasury 242.84 242.84 242.84 3.420 3.373 3.420 1 SYSRDA TABS-3 RDA TABs-3 First American Treasury 0.00 0.00 0.00 2.300 2.268 2.300 1 SYSTCSD COPS-1 TCSD COPS-1 First American Treasury 298.48 298.48 298.48 3.420 3.373 3.420 1 SYSTCSD COPS-2 TCSD COPS-2 First American Treasury 0.65 0.65 0.65 3.420 3.373 3.420 1 SYSRDA TABS-2 RDA TABs-2 MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 1 Subtotal and Average 13,707,958.18 13,707,785.35 13,707,795.35 13,707,785.35 3.373 3.420 1 Portfolio TEME CP Run Date 02/01/2006-14.31 PM (PRf_PM2) Sym Rept 6 41 202a Report Ver 5 00 City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2005 Page 3 CUSIP Investment# Average Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM 360 YTM 365 Days to Maturity Maturity Date Local Agency Investment Funds SYSCFD 03-03-10 CFD 03-03-10 CA Local Agency Investment Fun 3,755,728.37 3,755,728.37 3,755,728.37 3.808 3.756 3.808 1 SYSCFD 03-03-12 CFD 03-03-12 CA Local Agency Investment Fun 10,261,296.98 10,261,296.98 10,261,296.98 3.808 3.756 3.808 1 SYSCFD 03-03-4 CFD 03-03-4 CA Local Agency Investment Fun 12.56 12.56 12.56 3.808 3.756 3.808 1 SYSCFD 03-03-8 CFD 03-03-8 CA Local Agency Investment Fun 4,792,608.57 4,792,608.57 4,792,608.57 3.808 3.756 3.808 1 SYSCFD 03-1-11 CFD 03-1-11 CA Local Agency Investment Fun 1,315,307.69 1,315,307.69 1,315,307.69 3.808 3.756 3.808 1 SYSCFD 03-1-7 CFD 03-1-7 CA Local Agency Investment Fun 983,116.37 983,116.37 983,116.37 3.808 3.756 3.808 1 SYSCFD 03-1-9 CFD 03-1-9 CA Local Agency Investment Fun 6,105.87 6,105.87 6,105.87 3.808 3.756 3.808 1 SYSCITY CITY CA Local Agency Investment Fun 21,009,359.00 20,948,075.54 21,009,359.00 3.808 3.756 3.808 1 SYSRDA RDA CA Local Agency Investment Fun 1,944,722.32 1,939,049.64 1,944,722.32 3.808 3.756 3.808 1 SYSRDA TABS-4 RDA TABS-4 CA Local Agency Investment Fun 0.00 0.00 0.00 2.967 2.926 2.967 1 SYSTCSD TCSD CA Local Agency Investment Fun 2,683,825.22 2,675,996.61 2,683,825.22 3.808 3.756 3.808 1 SYSTCSD COPS-3 TCSD COPS-3 CA Local Agency Investment Fun 0.00 0.00 0.00 3.324 3.278 3.324 1 Subtotal and Average 47,832,728.11 46,752,082.95 46,677,298.20 46,752,082.95 3.756 3.808 1 Federal Agency Callable Securities 31339YFL1 01003 Federal Home Loan Bank 07/23/2003 1,000,000.00 998,440.00 1,000,000.00 1.885 1.859 1.885 22 01/23/2006 31339YGQ9 01004 Federal Home Loan Bank 07/24/2003 1,000,000.00 987,190.00 1,000,000.00 2.250 2.219 2.250 204 07/24/2006 31339YXP2 01005 Federal Home Loan Bank 08/14/2003 2,000,000.00 1,974,380.00 2,000,000.00 2.500 2.466 2.500 225 08/14/2006 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,955,633.00 3,050,000.00 3.100 3.058 3.101 737 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,867,718.35 2,965,000.00 3.000 2.960 3.001 736 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,903,430.00 3,000,000.00 3.000 2.960 3.001 726 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 967,810.00 1,000,000.00 3.000 2.960 3.001 726 12/28/2007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 969,690.00 1,000,000.00 3.150 3.108 3.151 743 01/14/2008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,936,880.00 2,000,000.00 3.070 3.029 3.071 744 01/15/2008 3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 969,380.00 1,000,000.00 3.125 3.083 3.126 745 01/16/2008 3133X5QF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,933,120.00 2,000,000.00 3.000 2.960 3.001 751 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,952,500.00 2,000,000.00 3.520 3.473 3.521 759 01/30/2008 3133XAY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 989,060.00 999,750.00 3.850 3.810 3.863 446 03/23/2007 3133XAZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 990,630.00 999,750.00 3.785 3.750 3.802 361 12/28/2006 3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,985,620.00 2,000,000.00 4.000 3.781 3.833 348 12/15/2006 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,972,820.00 2,997,360.00 4.250 4.238 4.296 584 08/08/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 953,702.40 960,000.00 4.380 4.320 4.380 621 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,977,500.00 2,998,125.00 4.375 4.347 4.407 719 12/21/2007 3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 615,932.80 620,000.00 4.400 4.340 4.400 635 09/28/2007 3133XD3R0 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,984,380.00 2,000,000.00 4.500 4.438 4.500 817 03/28/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 990,310.00 1,000,000.00 4.230 4.174 4.232 726 12/28/2007 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 991,250.00 1,000,000.00 4.140 4.086 4.143 544 06/29/2007 3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 994,060.00 1,000,000.00 4.200 4.147 4.204 361 12/28/2006 Portfolio TEME CID Run Date 02/01/2006-14.31 PM (PRf_PM2) Sym Rept 6 41 202a City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2005 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 993,750.00 1,000,000.00 4.120 4.068 4.124 362 12/29/2006 3133XDBVVO 01043 Federal Home Loan Bank 10/12/2005 1,000,000.00 992,810.00 1,000,000.00 4.050 3.995 4.050 284 10/12/2006 3133XDBQ3 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 994,690.00 1,000,000.00 4.250 4.196 4.255 374 01/10/2007 3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 991,250.00 1,000,000.00 4.150 4.097 4.154 376 01/12/2007 3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 992,500.00 999,375.00 4.150 4.136 4.193 466 04/12/2007 3133XDKQ3 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 996,560.00 1,000,000.00 4.500 4.443 4.505 404 02/092007 3128XILVV5 01002 Federal Home Loan Mtg Corp 06/30/2003 1,000,000.00 987,450.00 1,000,000.00 2.000 1.973 2.000 180 06/302006 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 984,790.00 998,000.00 3.750 3.784 3.837 579 08/032007 3128X36R9 01030 Federal Home Loan Mtg Corp 0524/2005 1,000,000.00 986,480.00 1,000,000.00 4.050 3.993 4.048 631 09/242007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 993,400.00 1,000,000.00 4.375 4.315 4.375 655 10/182007 3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 990,310.00 1,000,000.00 4.000 3.945 4.000 459 04/052007 Subtotal and Average 49,587,360.00 49,595,000.00 48,765,426.55 49,587,360.00 3.549 3.598 574 Federal Agency Bullet Securities 31331 SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 987,500.00 1,000,000.00 3.820 3.768 3.820 516 06/012007 31331 S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 990,630.00 1,000,000.00 4.000 3.947 4.002 470 04/162007 3133XAVV37 01024 Federal Home Loan Bank 02/28/2005 1,000,000.00 997,810.00 1,000,000.00 3.300 3.255 3.300 58 02/282006 3133XDLVV9 01048 Federal Home Loan Bank 11/10/2005 2,000,000.00 1,996,880.00 2,000,000.00 4.200 4.142 4.200 129 05/102006 3133XDMX6 01049 Federal Home Loan Bank 11/15/2005 2,000,000.00 1,995,000.00 2,000,000.00 4.250 4.192 4.250 134 05/152006 3133XE2V0 01050 Federal Home Loan Bank 1229/2005 1,000,000.00 999,380.00 1,000,000.00 4.625 4.562 4.625 271 09/292006 3133XE5U9 01051 Federal Home Loan Bank 12/30/2005 1,000,000.00 999,380.00 1,000,000.00 4.500 4.438 4.500 180 06/302006 3133XE7H6 01052 Federal Home Loan Bank 1229/2005 1,000,000.00 999,690.00 1,000,000.00 4.650 4.586 4.650 271 09/292006 Subtotal and Average 7,258,064.52 10,000,000.00 9,966,270.00 10,000,000.00 4.122 4.180 229 Investment Contracts SYSCFD 03-1-4 CFD 03-1-4 American International Group M 0428/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 10,104 08/312033 SYSCFD 03-03-5 CFD 03-03-5 IXIS Funding Corp 0728/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,469 08/312034 SYSCFD 88-12-2 CFD 88-12-2 IXIS Funding Corp 0724/1998 500,000.00 500,000.00 500,000.00 5.430 5.499 5.575 4,261 09/012017 SYSCFD 88-12-4 CFD 88-12-4 IXIS Funding Corp 0724/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 4,261 09/012017 Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.288 4.348 7,918 Total and Average 125,502,794.85 125,121,357.06 124,183,268.86 125,113,717.06 3.683 3.734 567 Portfolio TEME CID RunDate 02/01/2006-14.31 PM (PRf_PM2) Sym Rept 6 41 202a City of Temecula, California Portfolio Management Portfolio Details - Cash December 31, 2005 Average Purchase Stated YTM YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSRJ NOBLE RJ NOBLE Bank of Sacramento 104,408.14 104,408.14 104,408.14 1.250 1.233 1.250 SYSBARNHART 1 BARNHART 1 California Bank & Trust 812,730.99 812,730.99 812,730.99 2.100 2.071 2.100 SYS EDGE DEVELO EDGE DEW California Bank &Trust 08/04/2005 135,100.16 135,100.16 135,100.16 1.250 1.233 1.250 SYSRIV CONST 1 RIV CONST 1 Community National Bank 151,477.46 151,477.46 151,477.46: 2.250 2.219 2.250 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2005 1,700.00 1,700.00 1,700.00 0.000 0.000 SYSFlex Ck Acct Flex Ck Acct Union Bank of California 07/01/2005 11,587.95 11,587.95 11,587.95 0.000 0.000 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2005 939,178.40 939,178.40 939,178.40 0.000 0.000 SYSParking Ck Parking Ck Union Bank of California 07/01/2005 6,269.67 6,269.67 6,269.67 0.000 0.000 RunDate 02/01/2006-14.31 Average Balance 0.00 1 Total Cash and lnvestmentss 125,502,794.85 127,283,809.83 126,345,721.63 127,276,169.83 3.683 3.734 567 Page 5 Portfolio TEME CP PM (PRf_PM2) SymRept 6 41 202a Cash and Investments Report CITY OF TEMECULA Through December 2005 Fund Total 001 GENERAL FUND $ 32,929,667.41 101 STATE TRANSPORTATION FUND 114,170.64 120 DEVELOPMENT IMPACT FUND 9,419,834.71 140 COMMUNITY DEV BLOCK GRANT 26.06 150 AB 2766 FUND 287,476.51 165 RDA DEV LOW/MOD 20% SET ASIDE 9,866,369.97 170 MEASURE A FUND 4,325,280.57 190 TEMECULA COMMUNITY SERVICES DISTRICT 164,944.76 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 1,488.42 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 2,080.70 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 85,640.51 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 29,508.70 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 260,974.09 210 CAPITAL IMPROVEMENT PROJECT FUND 22,549,551.22 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 2,879,112.31 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 6,193,048.67 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 70,427.69 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 18,823,433.86 276 CFD 03-6 HARVESTON 2IMPROVEMENT FUND 3,926,777.76 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,017,760.86 300 INSURANCE FUND 1,247,976.82 310 VEHICLES FUND 543,052.43 320 INFORMATION SYSTEMS 619,365.93 330 SUPPORT SERVICES 188,809.34 340 FACILITIES 46,315.70 380 RDA 2002 TABS DEBT SERVICE 960,662.34 390 TCSD 2001 COP'S DEBT SERVICE 1,271.39 460 CFD 88-12 DEBT SERVICE FUND 3,250,218.75 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 1,502,220.43 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,287,871.72 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 154,597.35 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,244,113.98 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 351,670.03 Grand Total: $ 126,345,721.63 ITEM NO. 5 Approvals City Attorney r" n Director of Finance City Manager �„QK Jam/ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: February 14, 2006 SUBJECT: Third Operating Memorandum to the Recorded Development Agreement between Wolf Creek Development, LLC Successor in Interest to S-P Murdy and the City of Temecula PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council: 1. Approve the Third Operating Memorandum to the Recorded Development Agreement between Wolf Creek Development, LLC Successor in Interest to S-P Murdyand the City of Temecula; Authorize the City Clerk to record the Third Operating Memorandum. BACKGROUND: The City Council approved a Development Agreement dated February 13, 2001 for the Wolf Creek Specific Plan No. 12. The First Amendment to the Development Agreement dated March 22, 2005 was also approved bythe Council. A First and Second Operating Memorandum have been approved that change, adjust and clarify certain terms of the Development Agreement. The development agreement currently provides for the six acre park to be completed prior to the 700`h building permit within the Wolf Creek development. Plans for the six acre neighborhood park have been approved. The developer's intention is to begin constructing this park site within the next sixty days. The developer has indicated that this park site could be completed before the end of this calendar year. The City proposes to develop additional recreation facilities for the community. The developer has indicated his willingness to provide the City with $800,000 towards the construction costs of a new recreational amenitythat will help meet the needs of our developing community while also offsetting the impacts of his development. In order to accommodate these changes, the schedule of the neighborhood park will be adjusted to the 1200`h. Asa result the Community Services Department working in conjunction with the City Attorney's office have formulated the Third Operating Memorandum to address this issue. The City would receive $200,000 before the 700`h building permit and the balance of $600,000 before the issuance of the 825`h building permit. These funds would greatly assist the City in continuing to address the recreational needs of the community. The Third Operating Memorandum is consistent with the Wolf Creek Environmental Impact Report (EIR) and complies with the City's growth management plan. FISCAL IMPACT: This agreement provides $800,000 in revenue forthe Cityto be used for additional recreational facilities. ATTACHMENTS: Third Operating Memorandum to the Recorded Development Agreement between Wolf Creek Development, LLC Successor in Interestto S-P Murdyand the City of Temecula Recording Requested by when Recorded Mail to: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, Ca. 92589-9033 Attn: Susan Jones, MMC City Clerk Attachment 1 SPACE ABOVE FOR RECORDERS USE ONLY Exempt from Recorders Fees Gov. Code §§6103 and 27383 THIRD OPERATING MEMORANDUM TO THE RECORDED DEVELOPMENT AGREEMENT BETWEEN WOLF CREEK DEVELOPMENT, LLC SUCCESSOR IN INTEREST TO S-P MURDY AND CITY OF TEMECULA This Third Operating Memorandum to the Recorded Development Agreement Between S-P Murdy and City of Temecula is made and entered into as of February 14, 2006, by and between WOLF CREEK DEVELOPMENT, LLC ("Owner") as successor in interest to S-P MURDY, LLC, and CITY OF TEMECULA, a California municipal corporation ("City"), with reference to the following: RECITALS A. The real property which is the subject of the Development Agreement and this Third Operating Memorandum is located in the City of Temecula, County of Riverside, State of California and is generally known as the Wolf Creek Specific Plan No. 12 (the "Property"). The Property is more specifically described on Exhibit A, Legal Description of Property, attached hereto and incorporated herein as though set forth in full. 868603.3 January 11, 2006 B. The City and S-P Murdy, LLC entered into that certain Development Agreement (the "Development Agreement"), dated February 13, 2001, and recorded on October 3, 2001, as Instrument No. 2001-481217 with respect to the Property. C. The City and Wolf Creek Development, LLC, entered into that certain First Amendment to Development Agreement, dated March 22, 2005, and recorded on August 19, 2005, as Instrument No. 2005-0682754 with respect to the Property. The Development Agreement dated as of February 13, 2001 as amended on March 22, 2005 shall be referred to in this Third Operating Memorandum as the "Development Agreement." All terms defined in the Development Agreement shall have the same meanings in this Third Operating Memorandum. D. On December 15, 2003, the City and Owner entered into that certain "First Operating Memorandum" to change, adjust and clarify certain terms of the Development Agreement, which First Operating Memorandum was recorded on , 2004 as Instrument No. 2004- . On August 18, 2005, the City and Owner entered into that certain "Second Operating Memorandum" to change, adjust and clarify certain terms of the Development Agreement, which Second Operating Memorandum was recorded on September 26, 2005 as Instrument No. 2005-0793999. E. On or about July 2, 2003, Owner purchased a portion of the Property (northerly of Wolf Valley Road and exclusive of the commercial portion) (the "Northerly Property") from S-P Murdy, and entered into an option agreement with S-P Murdy for the purchase of the remainder of the Property (southerly of Wolf Valley Road and exclusive of the commercial portion) (the "Southerly Property"). In connection with the July 2, 2003 purchase and sale and pursuant to that certain Assignment and Assumption of Development Agreement dated as of July 2, 2003, S-P Murdy assigned to Owner all of its right, title and interest in and to the Development Agreement to the extent that such right, title and interest in the Development Agreement related to the Northerly Property acquired by Owner, and S-P Murdy delegated to Owner, and Owner assumed, certain obligations arising under the Development Agreement. F. On or about September 23, 2004, Owner purchased the Southerly Property from S-P Murdy. In connection with the September 23, 2004 purchase and sale and pursuant to that certain Assignment and Assumption of Development Agreement dated as of September 23, 2004, S-P Murdy assigned to Owner all of its right, title and interest in and to the Development Agreement to the extent that such right, title and interest in the Development Agreement related to the Southerly Property acquired by Owner, and S-P Murdy delegated to Owner, and Owner assumed, certain obligations arising under the Development Agreement. G. Owner has conveyed portions of the Northerly Property to the following merchant builders: William Lyons Homes and D.R. Horton (the "Merchant Builders"). Owner did not assign to the Merchant Builders, and the Merchant Builders did not assume, any of Owner's obligations under the Development Agreement to construct the On -site and Off -site Improvements. H. The Development Agreement incorporates by reference certain development approvals and grants to Owner a vested right to construct in accordance with those development approvals subject to the terms of the Development Agreement. The Development 2 Agreement also recognizes the necessity for future development approvals which would become part of the rights and obligations of the Development Agreement when approved. L On January 23, 2001, the City Council of the City of Temecula approved Tentative Tract Map No. 29305 ("Original Map") and other land use entitlements with certain conditions of approval which conditions must be satisfied prior to the recordation of a final map for the Property ("Original Map Conditions of Approval"). On October 11, 2001, the City Council of the City of Temecula approved the Phasing Map for Tentative Tract Map No. 29305 ("Phasing Map") with certain conditions of approval that must be satisfied prior to the recordation of a final map for the Property (the "Phasing Map Conditions of Approval"). J. The City and Owner have entered into that certain Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29305-F (Wolf Creek Specific Plan No. 12), dated as of February 22, 2005. K. As Owner has implemented the Wolf Creek Specific Plan Project and constructed the On -site and Off -site Improvements, the City and Owner have recognized the need to adjust the sequence of construction for some of the park improvements and to provide for the City's design and construction of additional park facilities for the City. L. Subsection (iii) of Section 4.4.3 of the Development Agreement provides for the Owner to construct and convey to the City a six -acre Neighborhood Park on or before issuance of the 700th building permit within the Project. City proposes to develop additional park and recreational facilities for the community and Owner intends to further this effort by contributing the sum of $800,000 towards the City's development and construction of additional park and recreational facilities. hi order to accommodate these changes, Owner and City also intend to adjust the schedule for completion of the Neighborhood Park to the 1200th building permit. M. Section 2.6.4 of the Development Agreement authorizes Owner and the City to approve an "Operating Memorandum which does not constitute an amendment" to the Development Agreement, in order to implement the Development Agreement or provide for "changes, adjustments, or clarifications [that] are appropriate to further the intended purposes" of the Development Agreement. The Owners contribution of the funds to the added park and recreational facilities and the adjustment of the park construction schedule provides for changes, adjustments and clarifications which furthers the intended purposes of the Development Agreement to mitigate the impacts of the development upon the community and to enhance the park and recreational amenities of the community. NOW, THEREFORE, in consideration of the promises set forth in this Third Operating Memorandum and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Owner hereby agree as follows: 1. Recitals. The above recitals are true, correct, and a part of this Third Operating Memorandum. 1. Owner's Contribution to Added Recreational Facilities. Owner shall contribute the sum of eight hundred thousand dollars ($800,000.00) to the City for the development and construction of added parks and recreational facilities by the City. The payment shall be made in two installments: The first installment of $200,000.00 shall be made on or before, and as a condition of, the issuance of the 700th building permit within the Project; and the second installment of $600,000.00 shall be made on or before, and as a condition of, the issuance of the 825th building permit. 2. Adjustment of Schedule for Completion of Neighborhood Park. The Owner's obligation to complete the six -acre Neighborhood Park as described in Subsection (iii) of Section 4.4.3 of the Development Agreement is extended to the 1200th building permit within the Project. The City Manager may issue building permits beyond the 1200th building permit within the Project upon a showing that the Owner is making good faith, diligent progress towards completion of the six -acre Neighborhood Park and that completion has been delayed by factors beyond the reasonable control of Owner. 4. General Provisions. A. Pursuant to Section 2.6.4 of the Development Agreement, this Third Operating Memorandum shall be attached to the Development Agreement as an addendum and thereafter become part of the Development Agreement. B. As part of the Development Agreement, this Third Operating Memorandum shall bind and inure to the benefit of the parties' successors, transferees and assignees to the same extent as the original Development Agreement. The parties hereto agree that the covenants and restrictions contained herein are valid, lawful and binding upon the parties and enforceable in accordance with their terms. The covenants and restrictions contained herein shall run with the land and shall be a burden upon the Property and shall be enforceable by the City, its successors in interest and assigns, against the New Owner and the New Owner's successors in interest and assigns. This Third Operating Memorandum shall be recorded in order to ensure that subsequent owners of the Property are bound hereby. The parties agree that recordation is proper as a conveyance restriction under Government Code §27281.5. C. This Third Operating Memorandum constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Third Operating Memorandum supercedes all previous negotiations, discussion, and agreement between the parties to this Third Operating Memorandum with respect to its terms, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. D. Except for the terms specifically set forth in this Third Operating Memorandum changing, adjusting and clarifying the terms of the Development Agreement, all other terms and conditions of the Development Agreement as well as the First and Second Operating Memoranda shall remain in full force and effect. 4 IN WITNESS WHEREOF, City and Owner have signed and entered into this Memorandum as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Ron Roberts Mayor ATTEST: Susan Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney WOLF CREEK DEVELOPMENT, LLC a California limited liability company Name: Title: By Name: Title: 6 State of California County of On ss 2006 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 State of California County of On ss 2006 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 7 Exhibit A Legal Description of Property ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Parcel Map 31603, Located at the North West Corner of Via Industria and Roick Drive PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer — Land development RECOMMENDATION: That the City Council approve 1) Parcel Map 31603 in conformance with the Conditions of Approval, and 2) Subdivision Monument Agreement and accept the Monument Bond as security for agreement. BACKGROUND: Parcel Map No. 31603 is a one (1) parcel subdivision for an industrial condominium project located at the north west corner of Via Industria and Roick Drive. The map contains 1 parcel for an industrial condominium project. The street improvements associated with this map are in place. The survey monuments are required to be set. On March 10, 2005, the City of Temecula Planning Director approved Tentative Parcel Map No. 31603, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State Law. FISCAL IMPACT: ATTACHMENTS None. 1) Development Fee Checklist 2) Fees & Securities Report 3) Project Vicinity Map 4) Parcel Map 31603 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 31603 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid. Development Impact Fee Paid. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 31603 DATE: February 14. 2006 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 0 $ 0 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 0 $ 0 Monumentation $ 2,500.00 - DEVELOPMENT FEES RCFC&WCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 291.00 Fire Fee $ 206.00 TCSD Fee $ 141.00 Plan Check Fee $ 3,099.00 Monumentation Inspection Fee $ 274.00 Fees Paid to Date $ 4,011.00 Balance of Fees Due $ 0.00 *To Be Determined SITE VICINITY MAP N TS _iLEI� a b ��s�Fa R�LdE 3 � dad .a 3 I��' 1Ni' k d 0 OP P'a Rem E � 51g0u€ I b �€IN� 00 M aN vpprr�� agg ij _Ml $ Rk nga a€ sib bg! Ij° �SRI : ga sp;31,g '' � € I c GIs€ � s Rio gig k IN Id<M akga 11 999"yyy RYE N g ¢Bw AN¢ppgggig s gg (Rg,R a 3Y g �ll j9 Z $ ° in 1it, zFI9IIJ Jill ° a &- sQon 11p , m b F M e � s � la"; 0 11glall u all xx @ : gg g d ppp aagq ygQ g gR�dd� 4 "'YYY 3 E i b d a ~ WWII, j •, �yp id dYyy qqy �i digg dii � � R� ��d€ 'aid is Cgi allS lip � : 'd d Ti • . � � i � � Y R , Y 11 oil fill, a e g 8q 9 �1- �R jig ,�' 4 I8 I all 0 ml f! ii ma j � � S.1 bi1,113 � v 1�$-11 O O N L 9 gSn S�ii I [u�[er w.ccmis.) $i j9L - — - Gumrl II vrarsn[Is'narn ffl V14 II « :fry, 4 e J2 g_ 1h a 211 I ill,:j; 29 g g 3g @ @.n y@y�syBt( y�@ @�@S @ N g a y�?�8 N N • N d n d d �_ Q ® 4® ® n 0 0 N Q& %t 'gle II , 11 II , ®® 6�i II C y dM1 , ii II IV yy II II I� it e�T\ IV 11 'A Lx: LSC,..te9115.) .Iris¢ Lam] II Curls .11.R,n0.1tx] vtwsnONI Y41 ITEM NO. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Parcel Map 33545, Located at the South East Corner of State Route 79 South and Butterfield Stage Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer — Land Development RECOMMENDATION: That the City Council approve 1) Parcel Map No. 33545 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement, and 3) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Parcel Map No. 33545 is a seven (7) parcel subdivision located at the south east corner of State Route 79 South and Butterfield Stage Road. The map contains seven (7) parcels for a commercial project. Certain street improvements and traffic signal modification improvements associated with the development of this map are required. The survey monuments are required to be set. On July 20, 2005, the City of Temecula Planning Commission approved Tentative Parcel Map 33545, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1) Development Fee Checklist 2) Fees & Securities Report 3) Project Vicinity Map 4) Parcel Map 33545 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 33545 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Not Applicable. Development Impact Fee Not Paid. This fee will be collected prior to issuance of building permits. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 33545 DATE: February 14, 2006 IMPROVEMENTS FAITHFUL SECURITY PERFORMANCE MATERIAL & LABOR SECURITY Street and Drainage $ 239,038.00 $ 119,519.00 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 239,038.00 $ 119,519.00 Monumentation $ 31,500.00 - DEVELOPMENT FEES RCFC&WCD (ADP) Fee $ Not Applicable Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 291.00 Fire Fee $ 206.00 TCSD Fee $ 141.00 Plan Check Fee $ 3,195.00 Monumentation Inspection Fee $ 1,575.00 Fees Paid to Date $ 5,408.00 Balance of Fees Due $ 0.00 *To Be Determined RANCHO OPVFORN\P �FQ 0 OFF 41, N 2F, q�9q� ROAD qJ> PAUBA T9 Ns 9 9 x � an 09 5Q ROAD SITE DE p0001'N '79 SOUTH ROU E STATE 79 WOLF STORE RO gago AFc Q9q'F/y,9� tyP�O� Agh�%1 Py FP� RED ARKWAY P 00 VICINITY MAP NO SCALE i- o w�oow axrx+b $ T o a =nod $6;pLi os�=af Fi W $ U zotiiw wm o g 33w oa $n °i-" o op ?j €b. arci �F €Q}��' N 2 w o}smioorcw€° oja a�- z zi z., n� � U Z T¢u N $ Z¢mo¢avF-i<06€ N °w Ow£ ¢=0-°`iz Km �N �F2pq pwan.0 tl w�2mG ww¢ w Wvxi aticloo KF UxZn wU ad. 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ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Authorize Temporary Street Closures for the 7`h Annual Temecula Car Show & Old Town Cruise Event (Old Town Front Street, between Moreno Road and Second Street, and other related streets) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR THE 7T" ANNUAL TEMECULA CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The 7th Annual Temecula Car Show necessitates the physical closure of certain streets in the Old Town area, and related detouring, to accommodate and provide the "Street Scene" ambience that allows the free movement of pedestrian traffic by minimizing potential vehicular -pedestrian conflicts. Under Vehicular Code Section 21101, 'Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessaryforthe safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the 7th Annual Temecula Car Show Event sponsored by P & R Productions. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's Temecula Car Show Event sponsors propose street closures as follows: Old Town Front Street between Moreno Road (E) to Second Street from 1:00 pm to 10:00 pm on Friday March 10th, 2006, and from 5:00 am to 5:00 pm on Saturday, March 11th, 2006. Main Street mid -block, east and west of Old Town Front Street, will also be closed to through traffic. Sixth Street, Fifth Street, Fourth Street, and Third Street will be closed mid -block east of Old Town Front Street. Access is provided to handicap parking lots located at Sixth Street and Mercedes Street and at First Street and Old Town Front Street. Show car parking will be at designated parking lots and along both sides of Old Town Front Street as shown on the attached Location Map. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisorydevices bythe Public Works Departmentare included in budgetary items. ATTACHMENTS: Resolution No. 2006-_ Location Map RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 7T" ANNUAL TEMECULA CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the closure of public streets for the 7th Annual Temecula Car Show Event sponsored by P & R Productions, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the 7th Annual Temecula Car Show Event, specifically Old Town Front Street between Moreno Road (E) and Second Street, Main Street mid -block, east and west of Old Town Front Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Friday, March 10, 2006 from 1:00 PM to 10:00 PM and on Saturday, March 11, 2006 from 5:00 AM to 5:00 PM; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the 7th Annual Temecula Car Show Event sponsored by P & R Productions, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the 7th Annual Temecula Car Show Event, and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council as follows: Old Town Front Street between Moreno Road (E) and Second Street, Main Street mid -block, east and west of Old Town Front Street, and Fifth, Fourth, and Third Streets east of Old Town Front Street on Friday, March 10, 2006 from 1:00 PM to 10:00 PM and on Saturday, March 11, 2006 from 5:00 AM to 5:00 PM. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of February, 2006, by the following vote` AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: W. Jones, MMC City Clerk �x xv N y N � c .. a F N E f U d r h mE� N U S. a0 {np 2a 0 0 a E. u AI �: n- o$ afros ma3g�sP �fraba�$aEgg?vE �e 5:%fr 5eg 9 W �NNV'Nfp 1�rt1NO�H1�e NtOnWNNNNNNNNNNNC9 Cl 1NJ IN�I m�immmmmvvavvQOQOQVNNNNNi�(1N IINNN Q a a y Z a $SZmdo'SS&mwad�3 eemm� mmeevrvn 9 .� yy _ 4 FRe«<�9RRCeeese R� 0�3�p5F ;•u MA o ",2$2 w32��?o ITEM NO. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: 2005 Transportation Enhancement (TE) Discretionary Funds - Local Match Funds and Timely Implementation PREPARED BY: Julie Dauer, CIP Specialist RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMMITMENT OF LOCAL MATCHING FUNDS AND THE TIMELY IMPLEMENTATION OF THE 2005 TRANSPORTATION ENHANCEMENT (TE) PROJECT KNOWN AS THE WINCHESTER ROAD/STATE ROUTE 79 NORTH CORRIDOR BEAUTIFICATION PROJECT BACKGROUND: On June 29, 2005, the Riverside County Transportation Commission (RCTC) announced a'Call for Projects' for federal Transportation Enhancement (TE) projects. The amount of available funds was approximately $14 million. The 2004 State Transportation Improvement Program (STIP) incorporated the TE program and therefore, TE projects must adhere to the rules and guidelines established for all STIP projects. According to the program project eligibility requirements the TE project must have a direct relationship — by function, proximity or impact to the surface transportation system. The Transportation Enhancement Program eligible component must be a minimum of $350,000 and maximum of $1,500,000. The minimum local match requirement is 11.47% and a local match commitment, in the form of a council resolution, must be submitted upon RCTC funding approval. Projects approved for TE funds will be programmed in fiscal years 2006/2007 through 2008/2009. The program year will be based on the availability of funds for each year and the timeframe in which the project can reasonably be expected to be delivered. Eligible projects for the Transportation Enhancement program included, provision of facilities for pedestrians and bicycles, safety and educational activities for pedestrians and bicyclists, acquisition of scenic easements or historic site, archaeological planning and research and landscaping and other scenic beautification, etc. Each project submitted was evaluated in two Tiers. Tier I established 'Project Screening' and Tier 11 'Project Evaluation/Scoring Criteria'. All project submittals were required to answer specific questions and meet certain criteria. On August 29, 2005 the Public Works Department prepared and submitted a Transportation Enhancement Project Application for the Winchester Road/State Route 79 North Corridor Beautification Project. Our proposed project addressed the improvements to the existing raised concrete medians along State Route 79 North from Interstate-15 at Ynez Road east to city limits, south of Willows Avenue. The project includes the addition of landscaping, irrigation, hardscape elements and architectural embellishments. On November 9, 2005 the Riverside County Transportation Commission approved federal Transportation funds for our project. The Winchester Road/State Route 79 North Corridor Beautification Project has been awarded $1,133,000 of TE funds. Our local match requirement, according to our application is$1,252,000 for a total project cost estimated at $2,385,000. FISCAL IMPACT: Pursuant to the RCTC Transportation Enhancement program guidelines, applications are reviewed and scored based on the answers to the criteria in the application. Applicants must score a minimum of sixteen (16) Tier II and Division Points to be considered for funding. The RCTC Approved TE Projects includes $1,133,000 in TE funds for our project. We currently have identified funding from the Roripaugh Community Facilities District (CFD) in the amount of $1,000,000. Since the project will be programmed in FY2006-2007, the project balance of $252,000 will be incorporated as part of the 2007-2011 Capital Improvement Plan Budget expected to be brought to City Council in June 2006. ATTACHMENTS: Resolution No. 2006- RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMMITMENT OF LOCAL MATCHING FUNDS AND THE TIMELY IMPLEMENTATION OF THE 2005 TRANSPORTATION ENHANCEMENT (TE) PROJECT KNOWN AS THE WINCHESTER ROAD/STATE ROUTE 79 NORTH CORRIDOR BEAUTIFICATION PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On November 9, 2005 the Riverside County Transportation Commission (RCTC) approved federal Transportation Enhancement (TE) funds for the Winchester Road/State Route 79 North Corridor Beautification Project WHEREAS, local match funds were identified in the project application and were included as part of the RCTC's approval of TE projects; WHEREAS, environmental documents of federally funded project must receive National Environmental Protection Act (NEPA) approval; WHEREAS, the TE project is required to be included in the State Transportation Improvement Program (STIP) and adherence to timelines is required or the City of Temecula could risk loss of funds; WHEREAS, The City of Temecula will be responsible for preparing and submitting the allocation request for the TE project in the year that it is programmed in the STIP; WHEREAS, The City of Temecula will be responsible for preparing and submitting the obligation request for the TE project to Caltrans District 08; WHEREAS, The City of Temecula will not proceed with the TE project until receiving a "Notice to Proceed" from Caltrans District 08; WHEREAS, The City of Temecula will be responsible for preparing and submitting invoices for reimbursement, at a minimum, once every six months; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The City of Temecula commits to timely implementation of the above TE project in accordance with state and federal regulations; Section 2. The City of Temecula approves the commitment of local funds for the above TE project; Section 3. The City of Temecula will direct staff to attend workshops or meetings regarding implementation of the above TE project PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of February, 2006. Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITYOFTEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of February, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 10 Approvals P" City Attorney n Director of Finance City Manager S✓�/ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Consultant Services Agreement for Traffic Engineering Design Services for Pechanga Parkway Phase II Street Improvements; Project No. PW99-11 PREPARED BY: Amer Attar, Principal Engineer Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve an agreement with JMD in an amount not to exceed $19,000.00 to provide traffic signal design services for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve extra work not to exceed the contingency amount of $1,900.00, which is equal to 10% of the agreement amount. BACKGROUND: The Pechanga Parkway Phase II Street Improvement project between Route 79 South and Pechanga Road is identified in the City's Capital Improvement Program Budget for Fiscal Years 2006-2010. In this project, five traffic signals on Pechanga Parkway need to be modified. The traffic signals on Pechanga Parkway that require modifications include the following: Route 79 South, Rainbow Canyon Road, Loma Linda Road, Wolf Valley Road, and Casino Drive. This traffic signal modification project is part of the overall Pechanga Parkway Phase II Street Improvement project that will provide six lanes from Route 79 South to Via Gilberto and four lanes from Via Gilberto to Pechanga Road, and include raised medians, pavement, curb and gutter, sidewalk, signage and striping, median landscaping and any other associated work. Staff recentlysent out Request for Qualifications forthe Jefferson Avenue/Sanborn Avenue (PW05- 07) and Redhawk Parkway/Overland Trail (PWO5-08) Traffic Signal projects and concluded that JMD was the most qualified firm. JMD has extensive traffic signal design experience and is currently performing satisfactory work for the City of Temecula. In an effort to expedite the traffic signal modifications for Pechanga Parkway, staff contacted JMD and requested a proposal to perform traffic design services for Pechanga Parkway. After reviewing the proposal, staff negotiated a scope of work and a final fee with JMD for the professional services. FISCAL IMPACT: The Pechanga Parkway Phase II Street Improvements between Route 79 and Pechanga Road (Project No. PW99-11) is a Capital Improvement project and is funded with Development Impact Fees —Street Improvements, Pechanga Indian Tribe Contribution, Public Land Highways Grant, Reimbursement/Other —RCWD and Standard Pacific Homes, and Wolf Creek CFD.. The total contract amount for the design agreement is $20,900.00, which includes the contract amount of $19,000.00 plus the 10% contingency amount of $1,900.00. Adequate funds are available in Account No. 210-165-668-5802. ATTACHMENTS: Project Description Project Location Consultant Services Agreement 8 z-1!!!!� PLO I I I U O to " O o W rn o > o 0 a o0 W� Sy W y 0 0 N 0 0 O N p _p � Fn zs cs zs c.s vi zs a a o h Fi m y F �v o3 � o c [Iy 'O N by c � '' 3 o a000 v 0 b o N N O ran oMo. b N U " x N a W Ufa N O b O Q O b M r h O a wa:. v � ffi Vf V3 ffi £A Vi ou a y op L Aa WA R1H I Avg ur uaaF w° AGREEMENT FOR PROFESSIONAL TRAFFIC SIGNAL ENGINEERING DESIGN SERVICES PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS PROJECT NO. PW99-11 THIS AGREEMENT is made and effective as of February 14, 2006, between the City of Temecula, a municipal corporation ("City") and J M Diaz, Inc. dba JMD ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 14, 2006, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 14, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed Nineteen Thousand Dollars and No Cents ($19000.00) forthe total term of the Agreement unless additional payment is approved as provided in this Agreement. R:\CIP\Projects\PW99-1 I\Agreements\JMD Signal Agreement b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 RXIMProjectsTW99-1I ftreementsWMD Signal Agreement 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, togetherwith supporting documents, shall be maintained fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole propertyof the Cityand may be used, reused orotherwise disposed of bythe Citywithoutthe permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3 R:%CIP%Projects\PW99-11\Agreements%JMD Signal Agreement (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per 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 projectllocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope, of protection afforded to the City, its officers, officials, employees or volunteers as it relates to liability resulting from Consultant activities. 4 R:\CIP\Projects\PW99-11VAgreements\JMD Signal Agreement (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the ,City. Self insurance shall not be considered to comply with these insurance requirements. _ f. Verification of Coverage. Consultant s hall f urnish t he C ity w ith o riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of -this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 5 R:\CIP\Pmjects\PW99-1 flAgreementsWMD Signal Agreement 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters of s upport, t estimony a t d epositions, response t o i nterrogatories o r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: JMD 4002 Hackley Avenue West Covina, California 91792-3012 Attention: Juan M. Diaz 6 R:\CIP\Projects\PW99-11\Agreements\JMD Signal Agreement 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorneyfees and litigation expenses forthe relief granted. 18. PROHIBITED INTEREST. No officer, oremployee of the Cityof Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial orotherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:\CIP\Projects\PW99-11\Agreements\JMD Signal Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT J M Diaz, Inc. (dba JMD) 4002 S. Hackley Ave. West Covina, CA 91792-3012 (626) 581-1722 Juan M. Diaz, President/CEO (Two Signatures of Corporate Officers Required For Corporations) a R:\CIP\Projects\PW99-11\Agreements\ JMD Signal Agreement EXHIBIT A TASKS TO BE PERFORMED FOR PROFESSIONAL TRAFFIC SIGNAL ENGINEERING DESIGN SERVICES PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS PROJECT NO. PW99-11 9 R:\CIP\Projects\PW99-11\Agreements\JMD Signal Agreement :: JMD Planning 1 6nq,nen, u,9 fAanaycna.nl January 19, 2006 Mr. Steven Beswick Public Works Department City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: Revised Proposal to Provide Professional Engineering Services for Pechanga Parkway Phase 11 Improvements in Temecula, California Dear Mr. Beswick: JMD is pleased to submit this revised proposal to provide engineering services for the Pechanga Parkway Street Widening in the City of Temecula. Our scope of services described below has been tailored to meet the requirements as discussed during our telephone conversation today and includes a brief description of our proposed scope of services, fee and schedule. SCOPE OF SERVICES JMD has developed the following scope of services to complete traffic signal design plans for the proposed street widening between State Route 79 and Pechanga Road in the City of Temecula. We understand the project was originally designed by another firm who has subsequently relinquished the plans to Cozad & Fox for final design and submittal. Our approach to this effort begins with clearly defining the project requirements and addressing those of highest risk to the project first. Most street improvement projects require careful coordination and negotiation with the local agencies and businesses. JMD staff have extensive experience and understand typical requirements by such entities with regards to street improvement projects. Task 1 — Protect Meetings and Coordination JMD will attend up to two (2) project coordination meetings with City of Temecula staff to discuss traffic signal design and coordination issues. Task 2 — Research. Data Collection. and Field Review JMD will gather available design plans from the City of Temecula to verify the proposed improvements. All available electronic files pertaining to the traffic signal designs will be provided by the City. JMD will also gather previous City comments pertaining to the traffic signal design. In addition, a detailed field review will be performed to confirm existing topographic features relevant to the traffic signal improvements. 4002 South Hackley Avenue, West Covina, CA 91792-3012 (626) 581-1722 Tel • (626) 581-1472 Fax www.jmniaz.com Mr. Steven Beswick January 19, 2006 Page 2 Field Survey/Base Mappina/Right of Way (Not Included) Conducting detailed Feld surveys as well as preparing base mapping and right of way engineering is not included in this proposal. JMD will utilize available mapping and other electronic data provided by the City. Task 3 — Traffic Signal Plans JMD will complete five (5) traffic signal plans on 24" x 36" sheets in English units at a scale of 1"=20'. The plans will be completed for the following intersections: 1. Pechanga Parkway at State Route 79 South 2. Pechanga Parkway at Rainbow Canyon Road 3. Pechanga Parkway at Loma Linda Road 4. Pechanga Parkway at Wolf Valley Road 5. Pechanga Parkway at Casino Drive (Station 118+60) Task 4 — Opinion of Probable Construction Cost JMD will prepare an opinion of probable construction cost covering the traffic signal construction items for the project. Deliverables JMD will prepare and submit the final submittal consisting of one (1) set of original traffic signal plans and one (1) opinion of probable construction cost for the traffic signal improvements. Cost* JMD will perform the Scope of Services outlined below for the following estimated amounts on a time and materials basis by tasks as follows. Task 1 — Project Meetings and Coordination $ 1,375.00 Task 2 — Research, Data Collection, and Field Reviews $ 4,280.00 Task 3 — Traffic Signal Plans $11,255.00 Task 4 — Opinion of Probable Construction Cost $ 1,295.00 Other Direct Costs $ 795.00 TOTAL $19,000.00 The above estimate including labor, overhead and related direct costs were developed with the assumptions outlined below. Assumptions ❑ JMD will utilize design plans and electronic files from the City. ❑ Only two (2) meetings are assumed for the entire project. ❑ Two (2) review cycles by the City are included in this proposal. ON JMD Mr. Steven Beswick January19, 2006 Page 3 Schedule JMD understands this project is on an extremely fast -tracked schedule and anticipates the final plan submittal by February 28, 2006 provided that a notice to proceed is issued to JMD by Friday, January 20, 2006. Once given a Notice to Proceed, JMD anticipates that the major project milestones will be completed as follows: Milestone Completion* Research, Data Collection, Field Review 1 70% PS&E 2.5 95% PS&E 4.5** Final PS&E 6 * Duration (in weeks) from obtaining design and mapping files from the City. * Assumes abbreviated City review period of 3 days. If this proposal is acceptable to you, please sign below and return one signed original to me. We are pleased to provide these services to the City of Temecula and look forward to your favorable reply. Should you have any questions, please call me at (626) 581-1722. Sincerely, JMDiaz. Inc. Juan M. Diaz, P.E. President/CEO Agreed by, City of Temecula Steven Beswick SI/si c:\pmposa1s\2006\p-0021mdr2.doc Enclosure Date EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:1CIP1Projects1PW99-1IVAgreementMJMD Signal Agreement a a a a ° .Cl C4Bk a \ ® \ } CO @ 2 - ` §% § k �k/7 � k cx � .��` °t3l . a■ 10 �4 & §z■ It Lo if) 2 ka / i 2 | §�k k ] k § f . ! $ - � ; � k ) LF . ] i f © k � ) \ § / - §7 { k k E) z « m ]■| & . � � o ■3 � f B A � ITEM NO. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Amendment No. 2 for Consulting Services, French Valley Parkway/1-15 Overcrossing and Interchange Improvements - Project No. PW02-11 PREPARED BY: Amer Attar, Principal Engineer Kavon Haghighi, Project Manager RECOMMENDATION: That the City Council approve Amendment No. 2 to the agreement with Moffatt & Nichol Engineers in an amount not to exceed $21,630.00 to provide the necessary design services to finalize the Project Report (PR), Environmental Documents (ED), and to complete the design (Plans, Specifications & Estimate) for the French Valley Parkway/1-15, Phase 1, southbound off -ramp to Jefferson Avenue, the widening of the southbound off -ramp at Winchester Road, and adding an auxiliary lane; and authorize the Mayor to execute the amendment to the agreement. BACKGROUND: On January 14, 2003the City Council approved a consulting services agreement in the amount of $1,091,693.00 with Moffatt & Nichol Engineers (M&N) to prepare a Project Report (PR) and Environmental Document (ED) for this project and provide the plans, specifications, and estimate (PS&E) for the Interim Southbound Off -Ramp to Jefferson Avenue - Phase 1. On May 24, 2005 the City Council approved amendment 1 in the amount of $710,553.40 for additional design work and phase 1 design work for a total contract amount of $1,802,246.40. Caltrans and Federal Highway Administration (FHWA) have recently requested a number of additional studies in order to complete the project report, the Environmental Document, and the design of Phase 1. These studies include a Community Impact Assessment, A Paleotological Report, a Visual Impact Assessment and additional traffic analysis. The total cost to perform these additional services is $59,275.00. Staff is able to use the project contingencyto cover $37,645.00 of these additional costs. An amendment to the agreement is needed for the balance of $21,630.00. Amendment No. 2 in the amount of $21,630.00 includes two components. First is the additional traffic analysis requested by FHWA to complete the project report and the Environmental Document and do a Geometric Approval Drawing (GAD). The second component includes a Community Impact Assessment and Paleotological Report. FISCAL IMPACT: The City of Temecula has identified both the French Valley/1-15 Overcrossing and Interchange Improvements and the French Valley Parkway Interim Southbound Off -ramp to Jefferson Avenue -Phase 1, within its Capital Improvement Program for FY2006-2010. Adequate funds are available in account 210-165-726-5802, to cover the amount of Amendment No. 2, $21,630. The total contract amount including Amendment No. 2 would be $1,823,876.40. ATTACHMENTS: 1. Project Location 2. Project Description 3 Amendment No. 2 Pr A4 a 0 �U o O o N O N y O W M S � N e• 0. � N O � V ;sapo�s� U U w v » zs es cv ss ss � W 0 0 0 0 0 0 0 0 0 0 0 0 0 o N o vhi N � � 63 F/j (aA 69 0 0 0 0 0 a 0 0 o 0 0 vi sv es vs vj O O O h N O O O h h N O r' O O vhi ff3 Ffi V3 V3 Vf O o O O 0 0 0 0 0 c o 0o a N M M H3 ffi H3 V3 0 0 0 0 O h N O b c 0 O". 0o O rn w o0 of p G N O N V a N 0 0 0 0 C N N O N O G zs v3 cv vi vi w a u Pa Q ua G ojmy o o 0 �F 4 Q U vqF 0 N w 0 C w Q O 0 a, Q F G 69 69 69 69. 69 69 69 69 69 � .O x b a. c y42C Q F. d U a HC o y ate+ a on a N N y m zo o � o *' H a � 0 U �o W h d F �, .v a Fy a I 0 F 0 0 0 0 0 0 0 0 0 0 0 0 0 d o 0 0 0 0 0 g y N O O W N ds vj s9 es es vs Ck I I II N, I I II N 00 O O N O O o � O O s9 69 69 0 0 0 0 0 0 0 0 0 0 o p c o 0 0 0 0 0 �0000� C•�. o O � ono .N. vj ss v3 F» Ealy. A0 h L N M � 69 69 69 0 0 0 0 0 0 iD O N o0 O �D 00 O W l h 69 69 69 69 69 69 q O N � Yw v� F ' y m 0 v h h U u q o W C d qoor �w UUQF k.�.. b 7 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MOFFATT & NICHOL ENGINEERS FRENCH VALLEY PARKWAY/1-15 OVERCROSSING AND INTERCHANGE IMPROVEMENT, PROJECT PW02-11 AND FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF -RAMP TO JEFFERSON AVENUE — PHASE I THIS SECOND AMENDMENT is made and entered into as of February 14, 2006 by and between the City of Temecula, a municipal corporation ("City") and Moffatt & Nichol Engineers ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes A. On January 14, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services ("Agreement") in the amount of $1,091,693.00. B. The Agreement was amended on May 24, 2005 for additional design services for the Project Report (PR), Environmental Documents (ED), and to complete the design (Plans, Specifications & Estimate) services in the amount of $710,553.40 and amend the Agreement as set forth in this Amendment. 2. The parties now desire to increase the payment amount for services in the amount of Twenty One Thousand Six Hundred Thirty Dollars and No Cents ($21,630.00).to amend the Agreement as set forth in this Second Amendment. 3. Section 5. PAYMENT of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Attachment "A" for services described in Attachment "A", attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent providing for additional Project Report and Phase I Design services and described in this Second Amendment for an amount not to exceed Twenty One Thousand Six Hundred Thirty Dollars and No Cents ($21,630.00) for a total contract amount, of One Million Eight Hundred Twenty Three Thousand Eight Hundred Seventy Six Dollars and Forty Cents ($1,823,876.40). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R.ACIPIPROJECTSTIN02TW02-11 FVP Interchange, Project RepornConsultantDOMUnd Amend Moffat & Nichol.dot IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor UANI*w Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT: Moffatt & Nichol Engineers 415 N. Vineyard Ave., Suite 200 Ontario, CA 91764 Attention: George Hale, Project Manager Phone: (909) 937-0125 Shing-Ching R. Chan, P.E., Principal in Charge Timmy J. Allenford, P.E., Senior Vice President George R. Hale, P.E. Project Manager (Two Signatures Required For Corporations) ATTACHMENT A FRENCH VALLEY PARKWAY/1-15 OVERCROSSING AND INTERCHANGE IMPROVEMENT, PROJECT PW02-11 AND FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF -RAMP TO JEFFERSON AVENUE — PHASE I Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. MOFFATUNICHOL January 16, 2006 Mr. Amer Attar City of Temecula 43200 Business Park Drive Temecula, CA 92590-3650 JAN 1 7 2006 220 Commerce Suite 250 Irvine, California 92602 Subject: French Valley Parkway/i-15 Overcrossing and Interchange Improvements M&N File: 5144/CT-043L Dear Mr. Attar: (714) 979-2055 Fax (714) 979-4131 This letter contains Moffatt & Nichols' revised proposal for additional services that were not included in our original contract for the French Valley Parkway/I-15 project. The additional work is consistent with the agreed level of effort required by Caltrans and is outlined below: Additional Services Required 1. Community Irn act Assessment and Paleotolo 'cal Report $19,130.00 2. Local Street Survey — $4,990.00 for additional surveying. No cost change order, taken from utilities surveys estimate of $8,300.00 with $3,310.00 remaining. 3. Additional traffic analysis to provide the levels of service $2,500.00 at opening and failure as requested by FHWA 4. Visual Impact Assessment $34,760.00 a. IS/EA (Exhibit B) $1,885.00 b. Other Direct Costs 1 000.00 Total: $59,275.00 The enclosed spreadsheet shows the cost estimate to perform the. additional work. Also enclosed is Bonterra Consulting's scope of work outlining tasks. In closing, we respectfully request a change order in the amount of $59,275.00. The total contract amount would increase from $1,864,574.40 to $1,923,849.40. Please contact me at your earliest convenience if you have questions or require further information. Sincerely yours, Moffatt & Nichol George R. Hale Project Manager Enclosure cc: Kavon Hagbighi — (with enclosure) « |! § ■ �• !|2! : || k! l4; a tic! � k | 74 k ( N � ( � r MINIIIIIII imillooll moll mill I moll loommill NINE mommil I oil oil IS milli moll looll googol o o 0 s 0 S h a J M11111111 I EIIIIIIIII 011111111111 011111111111 011111111111 011111111111 011111111111 011111111111 011111111111 Si i i OR 0 5 8 Y m 0 I 8 o 0 80 0 P F $o 0 0p NeH � o tl S uaPAnpal P uepryipol 8 0 � po A tl ufeun 8 0 8 M 5 N KFIN e O 88 T O N N 5tt X n 3 R o ^i 8 £ry y m i 8 n ¢ M Q � 8 a a w w �ye g$bg� d� E gga Eg ym 151 Kalmus Drive Suite "E-200 Costa Mesa California 92626 (714) 444-9199 )714) 444-9599 fax September 19, 2005 Mr. George Hale VIA FACSIMILE AND MAIL Moffatt & Nichol Engineers (714) 979-4131 200 Commerce, Suite 250 Irvine, California 92602 Subject: French Valley Parkway Interchange Project — Request for Budget Augmentation Dear Mr. Hale: BonTerra Consulting is submitting this budget augment request to Moffatt & Nichol Engineers to cover two technical studies. The first, included as Attachment A, is a Community Impact Assessment. The second, included as Attachment B, is a Paleontological Technical Report which is more involved than was originally understood. As you are aware, time is of the essence, and to meet the current aggressive schedule, BonTerra Consulting needs notice to proceed on this work as soon as possible. Please contact me at (714) 444-9199 if have any questions or require additional information on the content of this letter. Sincerely, BONTERRA CONSULTING wc>-� &(Kathleen Brady, AICP () Principal of Technical Services cc: Kavon Haghighi R.Trgects\MoffagU004'Augm nt-091905.doc SEP 2 2 2005 O.C. www.bonterraconsulting.com 9 August 2005 Applied EarthWorks, Inc. attn: Melinda Horne 3292 E. Florida Avenue, Suite "A" Hemet, CA 92544-4941 Dear Ms. Horne: The Division of Geological Sciences of the San Bernardino County Museum (SBCM) is pleased to offer our paleontologic services relating to the French ValleyParkway/Interstate 15 Improvements in Riverside County, California Transportation. The following is a scope ofwork and cost estimate for the a literature review (PIR level of analysis): • Task 1 —Literature review/Identification of Paleontologic Resources (Paleontologic Identification Reporting) A literature/records review will focus on the entire study area of the prof ect, including the proposed right-of-way (ROW) and all areas ofpotential effect: The literature review will include all pertinent paleontologic and geologic literature. The records review will include a check of the Regional Paleontologic Locality Inventory (RPLI), housed at the SBCM, an Argusc based computerized database and archive of maps housed at the SBCM. A Paleontologic Identification Report (PIR) will be produced that will identify known resources in the project area. A prelinunarypaleontologic sensitivity of the area will be assessed in this document, prior to a field investigation, which can be included in the Paleontologic Evaluation Report. The Paleontologic Identification Report will be based on an outline that will be pre -approved by the California Department of Transportation. Rates The SBCM is a not -for -profit agency whose rates are established in a Fee Schedule adopted by the San Bernardino County Board of Supervisors. At this date, these rates are: Paleontologic field/laboratory crew @ $32/hr; crew overtime @ $48/hr Senior Field/Laboratory Technician @ $53/hr Curator/supervisor/project manager @ $72/hr Site records $150/map sheet Vehicle charge @ $0.405/mi Storage at SBCM @ $75/cubic foot Materials: field and laboratory, at cost Task 1—Literature Review /Paleontoloeical Identification Report Regional Paleontologic Locality Inventory, 1 topographic map @ $150./quad $150.00 Literature review, 80 hrs @ $72./hr 5,760.00 Pre -field sensitivity map, 40 hrs @ $72./hr 2,880.00 Museum Assistant, 20 hours @ $32./hr 640.00 Materials and mailings 100.00 $9,530.00 The Museum would be pleased to offer our unique expertise to this project. Our resources allow us to produce the data required by Applied EarthWorks in the most efficient manner possible. Thank you for your consideration. Sincerely, Kathleen Springer, Senior Curator Division of Geological Sciences San Bernardino County Museum ksnrineersbem.sbcountv.eov 4 PROPOSAL COMMUNITY IMPACT ASSESSMENT TECHNICAL REPORT FRENCH VALLEY INTERCHANGE submitted by: Castafloda & Associates 3638 University Avenue Suite 236 Riverside, CA 92501 The scope of work is based on the recommendations included in the CalTrans Environmental Handbook, Volume 4, Community Impact Assessment (June 1997). In addition, the scope of the analysis is modeled after the CaiTrans "Chino Creek Bridge Replacement Project." The Community Impact Assessment recommends an analysis of "Setting," which includes a description of Land Use, Population and Housing, Economic Conditions, and Community Facilities and Services. The Chino Creek Bridge Socioeconomic Analysis includes topics that are very similar to those found in the "Setting" description of a Community Impact Assessment. In addition, the Community Impact Assessment recommends an analysis of "Impacts," which include a range of neighborhood, household, economic, property value and land use impacts, among others. It is very likely that the Temecula office, commercial and industrial markets will have sufficient relocation resources to absorb the displaced land uses. For this reason, it'is not necessary to develop a detailed assessment of impacts on neighborhoods, households (no residential displacees), permanent job losses, permanent tax revenue losses, or permanent property value losses. Therefore, the scope of work focuses on a Setting Description in the form of a Socioeconomic Analysis, an assessment of the full takes that will require business relocations, and an inventory of relocation resources sufficient to accommodate the displaced land uses. Work Task 1: Socioeconomic Impact Analysis The project is located in the Cities of Temecula and Murrieta. In addition, the need for this project is based, in part, on .a 1998 study completed by the City of Temecula and the City of Murietta. Therefore, the socioeconomic analysis will include information on both cities. r 0 The Socioeconomic Impact Analysis will include information on the following: City background and history. Land use characteristics, existing and planned. Population and demographic characteristics including total population, growth trends, age distribution, and projections. Population growth policies. Household characteristics such as composition and average sizes. Housing characteristics including total housing stock, housing types, tenure, and housing prices. Economic conditions such as labor force, labor force participation rates,, employment, unemployment, and household income. Commuting flows, place of work, and distance to work. Community facilities and services. Neighborhoods located in nearest proximity of the project (if any) and their characteristics. Work Task 2: Right-of:Way Acquisition/Business Relocation Impacts Project data indicates the following: The build project requires right of way acquisition, which affects an estimated 46 parcels (w/o Harveston). There are an estimated 25 separate owners. Right-of-way acquisition will create a need for full takes of two businesses and two vacant parcels. Right-of-way acquisition will create a need for several partial takes; however, relocation will be required only of three commercial businesses and two office tenants. R a. Description of Land Use Impacts The project data developed to date will be used to describe the parcels and uses within the proposed right-of-way according to five categories: Partial takes of vacant parcels that have no land use impacts. Full takes of vacant parcels that have no land use impacts. Partial takes of developed parcels that have no land use impacts. Partial takes of developed parcels that will require relocation of businesses. Full takes of developed parcels that will require relocation. The seven displaced (i.e., subject to relocation) land uses will be further described in the following terms: Business Setting — office building; industrial building; special use. Parcel size — hectares/acres. Use size — square footage. Parking spaces. Condition. Other categories, as appropriate. b. Description of Business Relocation Impacts The business relocation impacts will primarily affect developed land uses in the City of Temecula. Per the CalTrans Community Impact Assessment Guidelines, the following topical issues will be discussed: Number, type, and size of the displaced businesses. Estimated full- and part-time employees of the displaced businesses. Indication of whether the businesses are established, new, or declining. Dependency of land uses on freeway location for profitability. Dependency of land uses on freeway on/off ramps in close proximity Work Task 3: Inventory of Business Relocation Resources The results of the inventory will describe business relocation resources as on the next page. Description of currently available relocation business opportunities (in the same business setting and size category) in the City of Temecula. Description of under development and planned business opportunities located in Temecula. Description of economic development and redevelopment policies and programs of the City of Temecula that contribute to accommodating the business relocation needs. Work Task 4: Draft Report A Draft Report will be prepared that includes the narratives, tables and charts resulting from the completion of Work Tasks 1-3. A draft outline, based on a Community Impact Assessment format, is presented below: Introduction Executive Summary Background Project Summary Description Study Area Definition Setting — Socioeconomic Analysis City Histories Land Use Population and Housing Population Growth Policies Household Characteristics Economic Conditions Commuting Patterns Community Facilities and Services Impacts Displaced Land Uses Relocation Needs Relocation Resources and Business Replacement Opportunities Impacts on Socioeconomic Characteristics Conclusions 4 Work Task 5: Responses to Comments and Final Report We will prepare responses to the comments received on the Draft Report. In addition, the Draft Report will be revised and a Final Technical Report prepared. TIME SCHEDULE The Draft Report will be completed in four weeks from the time that a notice to proceed is given. ESTIMATED COST Our estimated cost to complete the entire Scope of Work is $9,600.00. The estimated cost is itemized below: Task 1: Socioeconomic Impact Analysis $3,960.00 Task 2: Right -of -Way Acquisition/ Business Relocation Impacts $1,440.00 Task 3: Inventory of Business Relocation Resources $1,800.00 Task 4: Report Preparation $720.00 Task 5: Responses to Comments/Final Report $1,080.00 Technical Support $400.00 Direct Costs $200.00 Total Estimated Cost $9,600.00 5 3916 Normal Street San Diego, CA 92103 (619) 294-4477 FAX (619) 294-4465 December 15, 2005 Ms. Kathleen Brady BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, CA 92626 Subject: French Valley Parkway Interchange Visual Impact Assessment. Dear Kathleen: Per our meeting with you, the City of Temecula and Cahrans on Thursday, November 29, 2005, the following is our scope of work and fee proposal to prepare a visual Impact assessment. technical study and a summary.of the visual Impact assessment for the Initial Summary/Environmental Assessment for the proposed French Valley Parkway/Interstate 15 Interchange in Temecula and Murrieta, California. . Visual Impact Analysis Proposed Process ...The visual:fmpact assessment prepared by KTU+A will encompass the project impact area from the I- 1s/124s split on .the north end, to 1-15 south of Winchester Road. The visual impact assessment will conform. to.;the guidelines. in Visual Impact Assessment for Highway Projects, Federal Highway Administration (FHWA), March 1981. The visual impact assessment will be based on the No Build and '.Proposed Project descriptions. Many of the potential visual Impacts related to highway development can be avoided or reduced through an assessment of the: visibility of the proposed improvements, visual sensitivity of the viewers, and the visual characteristics of the project setting. Adherence to NEPA, CEQA, City of Temecula, City of Murrieta, County of Riverside, and Caltrans guidelines and thresholds criteria will be incorporated into the assessment. Potential Visual Issues • Roadway improvements requiring sound attenuation walls or berms • Landform afterations requiring extensive grading and/or use of retaining walls • :Visibility of roadway improvements and grading from public right-of-ways and private property Deterioration of visual quality associated with highway improvements • Increased visibility from adjacent viewers • . Removal of mature or native vegetation • .:Compatibility of highway improvements with surrounding development scope. The.visual impact assessment process for the French Valley Parkway/Interstate 15 Interchange includes six primary steps: 1.. Identification of Project Setting and Viewshed la. Based. on the project description for the Proposed Project and the No Build Project provided by the engineer, KTU+A will identify the visual project elements, including, but not limited to bridges, lane additions, walls, and vegetation removal 1 b. KTU+A will obtain the latest available aerial photos (April 2005) for fieldwork and analysis. 1 c. KTU+A will obtain engineering data and environmental technical reports to identify existing and proposed conditions. 1 d.. KTU+A will conduct three site visits to verify existing conditions and photograph the project area. 16. KTU+A Will obtain applicable guidelines, including, but not limited to general plans, specific plans and design guidelines from the cities of Temecula and Murrieta, and the County of Riverside. 1f. Based on information gathered during the site visits, KTU+A would define the local and regional project setting. French Valley Parkway Visual Impact Assessment 12/19/2005 Page 2 1 g. KTU+A will identify and map the landscape units, including, but not limited to the following categories: highway, local roads, single-family residential, multi -family residential, commercial, Industrial, educational, and parks and open space. 1h. Utilizing information generated from topographic base maps, digital elevation models (DEM) and conceptual grading plans, the viewsheds of the project elements will be identified and mapped. viewsheds will be verified during the site visit. 2. Keyviews for Visual Assessment 2a. KTU+A will review the photographs taken during the site visit, as well as the viewshed model, and select 10-20 potential keyviews for further analysis. 2b. KTU+A will review the keyview selections with Caltrans, the local agencies and the consultant team for additional input. 2c. KTU+A will prepare wireframe models of selected keyviews. The wire frame models typically include a photograph of the existing site conditions with an overlay showing the scale and mass of the proposed improvements. 2d. KTU+A will provide a recommendation to the project team regarding the need for visual simulations. 3. Existing Visual Resources and Viewer Response 3a. The visual character of the area will be analyzed through the, Identification of landscape units. 36The.visuai quality.of fhe'landscape units, will be identified based on the aesthetic,character of the area; defined by the physical and perceptual quality factors. The visual sensitivity to change will also be identified based on the ability of an area to absorb changes in the character or quality. Visual quality and sensitivity will be ranked high, moderate or low. 3c. Viewer sensitivity will be identified and analyzed. Viewer sensitivity is based on viewer activity and awareness. The quantity of viewers and their sensitivity will be ranked high, moderate or low. 3d. The potential viewer groups will be identified, including, but not limited to freeway drivers, local drivers, single-family residents, mufti -family residents, commercial users, and parks and open space users. 3e. Viewer exposure will be identified and analyzed. The duration of their views will be ranked extended, moderate or short. 3f. Viewer awareness will be analyzed based on the viewer's sensitivity and activity. 4. Assess Visual Impacts of Project Aftematives 4a. A list of project thresholds based on NEPA and CEQA requirements would be identified for potential impacts to, visual quality, landfonn quality, view quality, and community character. 46. Impact definitions are based on guidelines established in the FHWA guidelines and include: highly adverse, moderately to highly adverse, moderately adverse, and low or slightly adverse. 4c. The project keyviews will be analyzed for potential impacts based on existing visual resources and 4d. The visual quality, landform quality, view quality and community character impacts would be identified for each segment of the proposed project. 4e. Based on information provided by the local agencies, a summary of the cumulative impacts of this project with future or planned projects in the project area will be identified. 5. Visual Mitigations 5a. A list of potential general mitigation measures. to address adverse visual impacts will be identified. 5b. Specific mitigation measures for adverse project impacts will be identified. 5c. A mitigation monitoring and maintenance plan will be developed to ensure the long term success of the visual impact mitigations. Upon completion of the visual impact assessment technical report, a summary will be prepared by KTU+A and provided to BonTerra Consulting for incorporation into the Initial Study/Environmental Assessment. The summary will address the regulatory setting, the affected environment, impacts, and avoidance, minimization and/or mitigation measures. French Valley Parkway Visual Impact Assessment 12/19/2005 Page 3 Visual Simulations (Optional) Each visual simulation will include a photograph of the site before the proposed improvements are constructed, another photograph showing the detailed improvements based on engineering plans, and a third photograph with the improvements and the proposed mitigations (if the improvements are determined to have adverse visual Impacts). FEES Our proposed fees shall be on a fixed fee based on the attached spreadsheet. The total labor cost (without simulations) for the visual impact assessment (Exhibit A) is $ 42,920.00. The total labor cost for the IS/EA (Exhibit B) is $2,475.00 (without simulations). Should visual simulations be requested, the fee is $6,855.00 per simulation (Exhibit 0). REIMBURSABLE EXPENSES Reimbursable expenses described in .Exhibit D will be billed on an Itemized statement as they occur, specifying the type of service and/or the material provided. Copies of receipts shall be submitted, if applicable: Funding for the reimbursable expenses is provided to pay for the various duties described below that do not lend themselves to precise estimation on a lump sum basis, and for that reason are not included in the Basic Services. Reimbursable Expenses, however, are essential to aid in the performance of the Basic Services and Additional Services, when authorized. ADDITIONAL SERVICESIASSUMPTIONS Revisions, program adjustments, and/or any additional services requested, above and beyond those specified above or over and above those provided for. These shall be paid for by the Client on an hourly basis at the following hourly rates or a negotiated fee: Clerical/Administrative $65.00/hour Designer/Planner $80.00/hour Senior Designer $90.00/hour Associate $100.00/hour Senior Associate $115.00/hour Principal $145.00/hour CLIENT RESPONSIBILITIES Client shall be responsible to provide or cause to be, provided to the Landscape Architect, at no cost to the Landscape Architect, the following: a) Project description b) CAD information of existing and "proposed landfonns, alignments, and highway structures, as well as a digital site plan in and editable format. c) Related technical studies and reports. Please..review.our agreement and If it meets with your approval, please send us a notice to proceed or one of the enclosed.two agreements signed, so we may commence work for you in a timely manner. Please call me if you have any questions. Sincerely, Michael L Singleton, ASLA. AICP Principal FLA 2386 French Valley Parkway Visual Impact Assessment 1 Pit 9/2005 Page 4 s CLIENT APPROVED Authorized Signature Date Print or type name Title P. French Valley Parkway Interchange KTU+A Visual Impact Assessment Services COST PROPOSAL SUMMARY Revised 111112006 Exhibit A Visual Impact Assessment Technical Project Setting& Viewshed Principal Landscap e Architect $145.00 Study Associate/ Landscap e Architect $115.00 Senior Planner $90.00 GIS Analyst Senior Designer $90.00 Subtotal cost Prepare project description, identify visual project elements 4 6 $1,000.00 Obtain aerialphotographs 2 2 $410.00 11f Obtain engineering & environmental 4 $360.00 Site visit & ho ra ' 3 6 20 20 $4,725.00 Research applicable guidelines 8 $720.00 Define project setting local, regional) 4 8 $1,180.00 1 g Identify landsca eunits 1 2 6 6 $1,455.00 I Define project viewshed, run viewshed model 4 16 $1,800.00 2 Ke Views for Visual Assessment 2a Review project photos, select 10-20 potential keyviews 1 2 4 $735.00 2b Coordinate agency review of keyviews 2 $180.00 2c Prepare wireframes models of selected ke 'ews 2 4 16 $2,030.00 2c Determine If visual simulations needed 1 2 2 $555.00 3 Existing Visual Resources and Viewer Res onse 3a Define & analyze landscape unit visual character 2 8 $950.00 3b Define & analyze landscape unit visual uali 2 4 $590.00 3c Define viewer sensitivity & viewer exposure 1 4 $475.00 3d Identify existing viewer groups 2 4 $590.00 3e Describe viewer exposure 2 $180.00 3f Predict viewer awareness 2 $180.00 4 Assess Visual Impacts of Pro ect Altema Ives 4a Identify visual impact thresholds 2 4 $590.00 4bI Review visual impact definitions 1 2 $295.00 4c Analyze keyviews 2 2 8 8 $1,960.00 4d Summarize project impacts 2 2 8 $1,240.00 4e Identify cumulative impacts 1 2 8 $1,095.00 5 Visual Mitigations 5a Identify potential mitigation measures 2 4 $590.00 5b Identify specific mitigations for adverse im acts 1 2 4 $735.00 5c Mitigation monitoring & maintenance 1 $90.00 Meetings 4 12 12 24 $5,280.00 Draft Submittal 4 8 12 8 1 $3,300.00 Final Submittal 2 4 8 1 1 $1.470.00 Total 30 68 177 74 $34,760.00 Reimbursable 11" x 17" color Unit Cost I $3.50 Quanti r$0.00 Quanti Subtotal Cost 8.5 x 11 black and white $0.05 $0.00 Mounted exhibit boards: 30" x 42" $100.00 $0.00 Aerial photographs $500.00 1 1 $500.00 GPS equipment rental $500.00 1 1 1 $500.00 Special deliveries cost +16% $0.00 Travel outside of San Diego County $0.36 $0.00 Telephone calls outside of San Diego Coun st +15% $0.00 CO, CD label & case 1 $5.00 1 $0.00 $1,000.00 Total for Exhlblt A & B w ODCs $37,645.00 Proposal Assumptions 1 Four team meetings are included: one to discuss the scope, work product and candidate keyview locations, the second to select keyviews for simulations. The third for review of the draft and the fourth for a review of a nre-final. Additional meetinas or workshops will be billed on an hrniriv basis. 2 CAD information of existing and proposed landform, aligments, highway structures as well as a dioital site plan will be provided to KTU+A in an editable format and in a fimelv manner. B Each simulation will include a before photo, and an unmitigated simulation. One set of revisions will be completed based on Client review. ITEM NO. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Traffic Signal and Interconnect Upgrades - 79 South, Winchester Road and the Redhawk Area - Project No. PW 05-12 PREPARED BY: Ali Moghadam, Principal Engineer RECOMMENDATION: That the City Council: 1. Approve a contractwith DBX, Inc. inthe amountof $122,116.00 for the Traffic Signal and Interconnect Upgrades for 79 South, Winchester Road and the RedhawkArea, Project No. PWO5-12, and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve a not to exceed the contingency amount of $12,211.60, which is equal to 10% contingency amount of the contract. BACKGROUND: As part of the Fiscal Year 2005/2006 budget process, the City Council approved a project to upgrade several traffic signal control systems on 79 South, Winchester Road and the newly annexed Redhawk area. Several traffic signal timing improvements have already been completed; however, additional equipment upgrade is necessary to complete this project. Since the equipment upgrade includes several small projects in various locations, major contractors did not express interest in bidding or providing quotes for this project. Therefore, staff solicited quotes from four (4) contractors and received two (2) quotes. The lowest quotes are from DBX, Inc., which has completed several traffic signal improvement projects for the City. DBX, Inc. has always performed these projects professionally, in a timely manner and with fair and reasonable costs. Therefore, staff recommends that the City Council approve a contract with DBX, Inc. for completion of the following work. 1. Installation of interconnect cable on Margarita Road between Winchester Road and Harveston Drive. 2. Installation of new traffic signal controller software on Winchester Road and 79 South. 3. Replacement of old County traffic signal cabinets in the Redhawk area. 4. Installation of Battery Back-up system in the Redhawk area. FISCAL IMPACT: The Traffic Signal and Interconnect Upgrades— 79 South, Winchester Road and Redhawk Area (Project No. PW05-12) is a Capital Improvement project funded through Development Impact Fees — Traffic Signals and Capital Project Reserves. The total contract amount is $134,327.60 which includes the contract amount of $122,116.00 plus the 10% contingency amount of $12,211.60. Adequate funds are available in Account No. 210.165.653.5804. ATTACHMENTS: 1. Exhibit "A" - Project Locations 2. Exhibit "B" - Project Description 3. Exhibit "C" - Contract EXHIBIT "A" PROJECT LOCATIONS PROJECT DESCRIPTION 3 en w 0 U) ti C7 p u v 0 0 0 0 y U V 00 M o0 Q\ 69 69 69 69 ja o 0 0 0 0 0 0 0 0 N 69 69 69 69 g 0 0 0 0 0 0 0 0 00 0 0 0 0 N N M O O O O � O O O O O O O O O O M N 69 Gn 69 59 r Cl O O O 0 0 0 C O O O O O Oo N O N 'fin N 69 69 69 69 to O O O O N N O V N 69 69 En b9 Cl O y ate+ � A � i U h U >~ O a W is ti U � O is m i °n F vAEO EXHIBIT "C" CONTRACT CITY OF TEMECULA CONTRACT AGREEMENT FOR TRAFFIC SIGNAL and INTERCONNECT UPGRADES 79 SOUTH, WINCHESTER ROAD and REDHAWK AREA PROJECT NO. PW05-12 THIS CONSTRUCTION CONTRACT, made and entered into as of February 14, 2006 by and between the City of Temecula, and DBX, 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 February 14, 2006 and shall remain and continue in effect until June 30, 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of One Hundred Twenty Two Thousand One Hundred Sixteen Dollars and No Cents ($122,116.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A is null and void and not part of this Agreement. 4. PERFORMANCE. Contractor shall at all time 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. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement. Change orders exceeding these limits shall be approved by the City Council. 1 RACIP\PR0JECTS\PWp5\PW05-12 TRAFFIC SIGNAL & INTERCONNECT\DBX CONTRACT.DOC 7. WAIVER O F C LAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation underor arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this localityforeach craft, classification, or type of workman needed to execute this Contract from the Directorof the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired and shall pay the adopted prevailing wage rates as a minimum. 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. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 2 R:\CIP\PROJECTS\PP215\PW05-12 TRAFFIC SIGNAL & INTERCONNECT\DBX CONTRACT.DOC 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 orwrongful 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 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: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance or other form with a general aggregate limit is. used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3 R:\CIP\PROJECTS\PV&5\PW05-12 TRAFFIC SIGNAL & INTERCONNECT\DBX CONTRACT.DOC C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not, be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A:VII, unless otherwise acceptable to the District. e. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 4 R:\C[P\PROJECTS\PW45\PW05-12 TRAFFIC SIGNAL & INTERCONNECT\D]3X CONTRACP.DOC f. 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. PERFORMANCE AND LABOR MATERIAL BONDS. Priorto commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount oft he Contract from a surety acceptable to the City. 14. TIME OF THE ESSENCE. Time is of the essence in this Contract 15. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing 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. 16. LEGAL RESPONSIBILITIES. The Contractorshall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in anyway 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. 17. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 18. 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. 5 RACIP\PR0JECTS\PV$5\PW05-I2 TRAFFIC SIGNAL & INTERCONNECT\DHX CONTRACT.DOC 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. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 23. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 Attention: Jim Perry, President 25. 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. 26. 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. 6 RACIP\PR0JECTS\PV&51PW05-12 TRAFFIC SIGNAL & INTERCONNECT\DBX CONTRACT.DOC 27. 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. 28. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 29. 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. 30. 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. UOI 7 R:\CIP\PROJECTS\PWp5\PW05-12 TRAFFIC SIGNAL & INTERCONNECT\DBX CONTRACT.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney . CONTRACTOR DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, CA 92590 (951) 296-9909 Jim Perry, President, Secretary Treasurer James C. Perry, Vice President (Two signatures of corporate officers required) a RACIMPROJECTSTV95IPW05-12 TRAFFIC SIGNAL & INTERCONNECTOM CONTRACT.DOC EXHIBIT A SCOPE OF WORK LOCATIONS and PAYMENT TRAFFIC SIGNAL and INTERCONNECT UPGRADES 79 SOUTH, WINCHESTER ROAD and REDHAWK AREA PROJECT NO. PW05-12 9 R:\C1P\PR0JECTS\PV&5\PW05-12 TRAFFIC SIGNAL & INTERCONNECT\DBX CONTRACT.DOC 01/19/2006 03:19 951296997E DBX PAGE e4/06 D B Inc. X January 19, 2006 City of Temecula PO Box 9033 Temecula, CA 92589 Attn: Richard Uribe Re: RED HAWK. AT VAIL RANCH 42068 AVENIDA ALVARADO, SUITE C TEMECULA. CALIFORNIA 92590 (951) 296-9909 FAX (951) 296-9978 RECEIVE® JAN 1 9 2006 We are pleased to be submitting our quote to you as requested for the above referenced project: Dig & Pour New 332 Foundation, Reroute conduits, Dig & Pour .B.BS Foundation, Remove old foundation for P-cabinet, intercept conduit from existing Edison Service, Install City humished 332 Cabinet, BBS Cabinet and hookup to return intersection to normal operaion Lump Sum S7,060.00 If you have any questions, please contact me at (951) 296-9909. Thank you, ,laanes C. Perry / Vice President ,1P:pm "AN EQUAL OPPORTUNITY EMPLOYER" 01/19/2006 03:19 9512969978 DBX PAGE 03/06 D B Inc. X January 19, 2006 City of Temecula. PO Box 9033 Temecula, CA 92589 Attn: Richard Uribe Re: RED HAWK AT WOLF VALLEY 42066 AVENIDA ALVARADO, SUITE C TEMECULA. CALIFORNIA 92590 (951) 296-9909 FAX (951) P96.9978 RECEIVED JAN 1 9 2006 CITY OF TEMECNI e We are pleased to be submitting our quote to you as requested for the above referenced project: Dig & Pour New 332 Foundation, Reroute conduits, Dig & Pour BBS Foundation, Remove (Adfoundation for P-cabinet, intercept conduit from existing Edison Service, Install City Furnished. 332 Cabinet, BBS Cabinet and hookup to return intersection to normal opera.ion Lump Sum $7,060.00 If you. have any questions, please contact me at (951) 296-9909. Thank you, James C. Perry Vice President JP:pm "AN EQUAL OPPORTUNITY EMPLOYER" 01/19/2006 03:.19 951296997E DBX PAGE 05/06 D B Inc. X January, 19 ,2006 City of Temecula PO Box 9033 Temecula, CA 92589 Attn: .Richard Uribe 42066 AVENIDA ALVARADO, SUITE C TEMECULA, CALIFORNIA 92590 (951) 296-9909 FAX (951) 296.9978 RECEIVED EC JAN 19 2006 CITY OF TEMECULA CNr1NCCRINr. ❑EPARTMENT Re: FURNISH & INSTALL DIMENSION BBS W/CAB.INET AT (6) VARIOUS LOCATIONS We are pleased to be submitting our quote to you as requested for the above referenced prgjccC Furnish & Install Dimensions Battery Backup System with Cabinet including all necessary connections and testing (6) FA @ $5,300.00/EA $31,800.00 If you have any questions, please contact me at (951) 296-9909. 'Thank you, James C. Perry Vice President J.P: pm "AN EQUAL OPPORTUNITY EMPLOYER" 01/19/20016 03:19, 951296997E AM7..9 PAGE 01/06 D B Inc. X JAnuary 19, 2006 City of Temecula PO Box 9033 Temecula, CA 92589 Attn: Richard Uribe 42066 AVENIDA ALVARADO, SUITE C TEMFCUI-A, CALIFORNIA 92590 (951) 296-9909 FAX (951) 298.9978 Re: MARGARITA @ WINCHESTE•R TO MARGARITA WINCO TO HARVESTON RECE! 1i ED JAN 1 9 2006 We are pleased to be submitting our quote to you as requested for the above referenced project: Install approximately 1250' of Conduit and Interconnect Cable, including (6) pull boxes and 3000' of 19 gauge 12 pair IC Cable , Lump Surn $59,838.00 If you have any questions, please contact me at (951) 296-9909. Thank you, --- delw�,-' .lames C. Pen-y Vice President ,1 P:pm "AN EQUAL OPPORTUNITY EMPLOYER" 01/19/2006 03:19 9512969978 DBX PAGE 02/06 D B Inc. X January 19, 2006 42066 AVENIDA AI.VARADO, SUITE C 7EMECULA, CALIPORNIA 92590 (951)296.9909 FAX (951) 296.9978 IlE6sElVED JAN 1 9 2006 City of Temecula PO Box 9033 Temecula, CA 92589 Attn: Richard Uribe Re: RANCI-10 WAY AT DIAZ TO CITY HALL We are pleased to be submitting our quote to you as requested for the above referenced project: Install approximately 2500' of 12 Pair Interconnect Cable from Controller at Rancho Way & Diaz to Communications Room at City Hall including 1 000'pull. rope & punch down interconnect at. both ends Lump Sum $16,358.00 If you have any questions, please contact me at (95'1) 296-9909. Thank you., .lames C. Perry Vice President .I P:pm "AN EQUAL OPPORTUNITY EMPLOYER" ITEM NO. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Route 79 South Medians between 1-15 and Butterfield Stage Road, Project PW02-14 PREPARED BY: Amer Attar, Principal Engineer Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Route 79 South Medians between 1-15 and Butterfield Stage Road, Project No. PW02-14. BACKGROUND: The Route 79 South Medians is identified in the City's Capital Improvement Program Budget for FY 2006-2010. In this project, raised medians will be constructed on Route 79 South between 1-15 and Butterfield Stage Road. Improvements in this 4-mile reach will include construction of the medians, landscaping and irrigation of the medians with two reclaimed water systems, modifications to existing traffic signals, storm drain system improvements, pavement striping and markings, and other miscellaneous items. Special direction is provided within the specifications to phase construction to lessen impacts on traffic. The specifications have been compiled 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 for this project is $4,700,000.00. FISCAL IMPACT: The Route 79 South medians Project is identified in the City's Capital Improvement Program Budget for FY2006-2010. ATTACHMENTS: 1. Project Location 2. Project Description L W A O 1 ;q a I 1 x0 O O w m � N � N O z� � � U U U � b h U � O � U U � A 0 0 0 0 0 0 0 o v v b N o0 oa�o N U U M M » ss sa ds v� I I II N I I II N O O N O � h U Oi b N w � O O O O O O O CD O O w C y N M M o v36s GSQds o 0 0 0 0 a' sv csi E» F» G w O pp V o W u o 0 y U U Pw o b rlvll O 01 O 01 O M N W N I M 69 69 69 64 ITEM NO. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Completion and Acceptance of Construction Contract Bridge Barrier Rail Replacement - Project No. PW01-09 PREPARED BY: Greg Butler, Principal Engineer William Becerra, Assistant Engineer RECOMMENDATION: That the City Council: Accept the project, Bridge Barrier Rail Replacement, Project No. PW01-09 as complete; and File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On July 27, 2005, the City Council awarded a construction contract in the amount of $232,780.00 to R.J. Bullard Construction Inc for Bridge Barrier Rail Replacement, Project No. PW01-09. This project involves the removal and replacement of the existing barrier rail on the Rainbow Canyon Road Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. Three change orders increased the contract by $11,329.70. The first change order provided for subgrade remediation of unforeseen saturated conditions atthe Del Rio Bridge location. The second change order provided for the demolition of rock material that was impeding the installation of Metal Beam Guard Rail at the Rainbow Canyon Bridge. It also added curb and gutter at the Del Rio Bridge location. The third change order provided for the resetting of a brass cap benchmark at the Rainbow Canyon Bridge. The contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The construction retention for this project will be released on, or about 35 days after Notice of Completion has been recorded. FISCAL IMPACT: The Bridge Barrier Rail Replacement, Project No. PW01-09 is a Capital Improvement Program project funded through Capital Project Reserves, Development Impact Fees —Street Improvements and the Highway Bridge Replacement Rehabilitation Program, Account No. 210-165-722-5804. The total construction cost was $243,812.97. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. , 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92589. 3. A Contract was awarded by the City of Temecula to R.J. Bullard Construction, Inc., P.O. Box 1577, Bonsall, CA 92003 to perform the following work of improvement: BARRIER RAIL REPLACEMENT PROJECT Project No. PW01-09 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 14, 2006. That upon said contract the First National Insurance Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Barrier Rail Replacement Project Project No. PW01-09 6. The location of said property is: Temecula, California Dated at Temecula, California, this 141h day of February, 2006 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Susan W. Jones MMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council Dated at Temecula, California, this 14tb day of February, 2006. City of Temecula Susan W. Jones MMC, City Clerk C:\Documents and Settings\anita.pyle\Local Settings\Temporary Internet Files\OLK49A\Notice of Completion - RJ 9ullard.doc EXECUTED IN DUPLICATE BOND NO. 6339043 I' tEsL"JN IOF UDiD j c PEPSO?{ :4 PdCE ]DOP.-D CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECTNO. PWOI-09 BARRIER RAIL REPLACEMENT PROJECT KNOW ALL PERSONS BY THESE PRESENT THAT- R.J NAME AND ADDRESS a CORPORATION hereinafter called Principal, and fff in whether a Corporafion, Partnership or individual) FIRST NATIONAL INSURANCE COMPANY OF AMERICA, 120 VANTIS, ALISO VIEJO, CA 92656 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECUL4 hereinafter called OWNER, in the penal sum of TWENTY FOUR THOUSAND THREE HUNDRED and THIRTY ($ _24,381.30 ) inlawful money of the United States, said sum being not less than ten (101%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 9TH day of AUGUST , 2005, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW01- 09, BARRIER RAIL REPLACEMENT PROJECT. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on DECEMBER 22 2005. — - NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terns of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by .the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in anyjudgment rendered. WINTEVANCE BOND - MA . - RCIPIPRDJ[CIS MJq PW0i-09 8amerslDESlWW1D0=D35 tFederal�F d.IAM The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terns of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 24TH day of (Seal) OKI �'c7iihlyo / ATTORNEY -IN -FACT fTitfol State of CALIFORNIA County of SAN DIEGO JANUARY 2005. PRINCIPAL R^J^mBULLARD (Name) PRESIDENT rr:a1..1 On 1/24/2006 before me, DEBORAH D. DAVIS, NOTARY E, PUBLIC GATE NAME, TITLE OF OFFICER - E.G.,'JANE DONOTARY PUBLIC' personally appeared ROBERT J. BULLARD, MEN JEAN HALL NAME(S) OF SIGNER(S) ❑X 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 ac- knowledged to me that he/she/they executed DEBORAHD.DAVIS the same in his/her/their authorized "°:' ca acit les and that by.his/her/their f �, COMM. #1412744 9 P y( ) 14 Io NOTARY PUBLIC-CALIFORNIA N signature(s) on the instrument the person(s), / SANDIEGOCOUNTY or the entity upon behalf of which the ,�,raae;' My Comm. Exp. APRIL 21, 201)7 person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES Though the data requested here is not required by law, SIGNER(S) OTHER THAN NAMED it could prevent fraudulent reattachment of this form. No_5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL ® CORPORATE OFFICER(S) .PRESIDENT TITLE(S) PARTNERS) LIMITED GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT 14-2 RICpMOJEGTStPMIVVVOJa BaWer DESiGNIBID-DOC20M(FeW-FmLjcd.dot S A F E C a POWER FIRST NATIONAL SURETY OF ATTORNEY BOX SEATTLE, 98124-1526 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1526 8062 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint •+•++++++++++++«••••••««+.« ,IN MALONEY; JOHN G. MALONEY; MARK D. IATAROLA; KAREN JEAN HALL; Escondido, its We and lawful attomey(s)-in-tact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 12th day of November 2002 C::�� 4 �_ P Z)7�,VN C,&_� CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and. any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (11) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are sfill in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL k 1928 . 7198 this 24TH day of JANUARY . 2006 CHRISTINE MEAD, SECRETARY 0 A registered trademark of SAFECO Corporation PDF i iCITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW01-09 BARRIER RAIL REPLACEMENT PROJECT This is to certify that , j %-\o. (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW01-09, BARRIER RAIL REPLACEMENT PROJECT, situated in the City of Temecula, State of ' California, more particularly described as follows: The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: t>:: CONTRACTOR /IX Signature Print Name and Title RELEASE R-1 RiCIPWROJECTSIPW011PW01-09 BartierslDESIGM81DOOG2005 (FedemiTinal.jod.dot ITEM NO. 15 Approvals City Attorney n Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Completion and Acceptance of the Pavement Rehab Program FY 2005/06 - Ynez Road, Project No. PW04-12 PREPARED BY: Greg Butler, Principal Engineer Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of the Pavement Rehab Program FY 2005/06 —Ynez Road, Project No. PW04-12, as complete and; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount and; 3. Release the Materials and Labor Bond seven months afterthe filing of the Notice of Completion if no liens have been filed. BACKGROUND: On September 13, 2005, the City Council awarded a construction contract for Project No. PW04-12, Pavement Rehab Program FY 2005/06 — Ynez Road, to Silvia Construction, Inc. of Rancho Cucamonga, California in the amount of $709,568.39. The project restored the roadway pavement on Ynez Road between Rancho California Road and Solana Way. Inmost areas, restoration involved removal and overlay. In other areas, the full depth of roadway structural section was reconstructed. Existing features such as striping, traffic signal detector loops, and utility facilities were reinstalled or adjusted as necessary. The Contractor has completed the work to the satisfaction of the Director of Public Works/City Engineer, and all work will have a warranty for a period of one (1) year from the date of acceptance by the City. The final construction contract amount is $703,761.79. The construction retention will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The Pavement Rehab Program FY 2005/06—Ynez Road, Project No. PW04-12 is funded by Measure A. The base amount of the construction contract was $709,568.39 and no contract change orders were issued. The total quantities for bid items 5, 7, 13, and 21-23 were not needed, while bid items 6, 8, 10, 14, 15, 17, 19, and 20 were exceeded. The net result of quantity imbalances is a decrease of $5,806.60; thus, the final construction contract amount is $703,761.79. Of the final construction contract amount, the City will recover $2,805.00 from the Eastern Municipal Water District for work performed on existing sewer facilities. ATTACHMENTS: 1. Contractor's Affidavit and Final Release 2. Maintenance Bond 3. Notice of Completion CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW04-12 PAVEMENT REHABILITATION PROGRAM( FY 2005106 - YNEZ ROAD This is to certify that x U � 'Wete ni after the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW04-12, PAVEMENT REHABILITATION PROGRAM FY 2005/06 - YNEZ ROAD, situated in the City of Temecula, State of California more particulwly described as follows: OR DESCRIBE LOCATION OF The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: CONTRACTOR By:��— o� and RELEASE R"I EXECUTED IN TWO COUNTERPARTS BOND #7575113 PREMIUM: INCLUDED IN CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT PERFORMANCE BOND MAINTENANCE BOND FOR PROJECT NO. PW04-t'2 PAVEMENT REHABILITATION PROGRAM FY 20o5106 - YVEZ ROAD KNOW ALL PERSONS BY THESE PRESENT THAT: CA 91730 a CORPORATION hereinafter called Principal, and (rillln whether a Gbrpora(/on, ParMe SW or Ir #wual) 801 N. BRAND BLVD, SUITE PENTHOUSE hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECUtA, hereinafter called OWNER, in the penal sum of SEVENTY THOUSANn TURFR MTMIn to Lawful money of the United States, said sum being not less than ten (100N of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 13T__ H day of SEPTEMBER 2005, a co of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW 4�- 12, PAVEMENT REHABILITATION PROGRAM FY 2005/06 - YNEZ ROAD, WHEREAS, said Contract provides that the'Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on JANUAR� Y�00(_ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specked, costs and reasonable expenses and fees shall be included, including reasonable attomey's fees Incurred by' the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and incit#ded In any judgment rendered. MAINTENANCE BOND Mlww,..lY- a The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect Its obligations on this bond; and it does hereby' waive notice of any such change, extension Contract, or to the work, or to the Specificati.of time, alteration, or addition to the, terms of the ons. Signed and sealed this LOTH _ day of JANUARY, 2006. (Seal) . SURETY FIDELITY.AND DEPOSIT CorP�AN�Y OF. NARYLAND PRINCIPAL SILVIA CONSTRUCTION, INC. Me-- P. FLAKE meCLAIRE R. MANCHESTER—WAMEL (Na) . ATTORNEY —IN —FACT (Name) (Tide) CORPORATE SECRETARY (Tide) APPROVED AS TO FORM: Pete M. Thorson, City Attorney u By: (Name)' MNNTENANCEBOND M�2„a+i*.oww...n......n.«...�.�n.a.w.m.�e.u.�....n�.�...n.r.....+..+T.nxd CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT 0 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO o , a On JANUARY 12, 2006, before me, PATRICIA BURKE, NOTARY PUBLIC personally appeared CLAIRE R. MANCIIESTER-WAMEL, personally know to me to be the person whose a name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon t behalf of which the person acted, executed the instrument. `a WITNES4mand and official seal. PATRICIA BURKE Commission # 1491758 %_d Notary Publlc • CaliforniaSan Bernardino County11 - gnatureofNotary Public - Comm•Ex0FesPo1ay26,2I- ---------------------------------OPTIONAL-------------------------------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. DESCRIPTION OF �_Ma-Llj' A TITLE OR TYPE OF DOCUMENT TE OF DOCUMENT CLAIMED BY SIGN R NUMBER� I . % i CAPACITY ❑ INDIVIDUAL ATTACHED DOCUMENT ❑ PARTNER CORPORATE OFFICER CORPORATE SECRETARY TITLE ❑ ATTORNEY IN FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ Other Signer is Representing: SILVIA CONSTRUCTION. INC. NAME OF PERSON(S) OR ENTITY(S) NGtrr�Pa OF SIGN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 1-10-06 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATTHEW P. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITUESS m hand and official seal. LECO SHERWOOD COMM. #1593951 3 L9 NOTARY PUBLIC CALIFORNIA 'n ORANGE COUNTY 5 ignature of No ary Public Comm. Exp. JULY 27. 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR TYPE OF DOCUMENT NUMDER OF PAGES 2 DATE OF.DOCUMENP 1-10-06 - CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: Thal the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by'Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB E and Lexie SHERWOOD, all of Anaheim, California, EACH its true_ a make, execute, seal and deliver, for, and on its behalf as surety, and as its aq y undertakings, and the execution of such bonds or undertaking�s,���i[[�� se s� coding upon said Company, as fully and amply, to all intents and putos�lYtWJ bee o �+{d acknowledged by the regularly elected officers of the Company at its�lu JJM y� er persons. This power of attorney revokes that issued on behalf of Richard A. h � wbravid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005. �2 0 The said Assistant 9EErE y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D.2005. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secr-etary State of Maryland City of Baltimore }ss: By: William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the .same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Silvia Construction, Inc., 9007 Center Avenue, Rancho Cucamonga, CA 91730-5311 to perform the following work of improvement: PAVEMENT REHABILITATION PROGRAM FY05/06 — YNEZ ROAD Project No. PWO4-12 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 14, 2006. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Pavement Rehabilitation Program FY05/06 — Ynez Road Project No. PW04-12 6. The location of said property is: Ynez Road, Temecula, California Dated at Temecula, California, this 14' day of February, 2006 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones MMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 14a day of February, 2006. City of Temecula Susan W. Jones MMC, City Clerk RACIP\PROJECTS\PW04\PW04-12 Pavement Rehab Prog FYOS-06 Ynez Rd\CONSTRUCTION FILES\3 CONTRACTORS AGMn3e Notice of Completion\COMPLETION NOTE PW04-12.docP ITEM NO. 16 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: February 14, 2006 SUBJECT: Completion and Acceptance of the Slurry Seal Project - FY 2004/2005 Project No. PW04-16 PREPARED BY: Greg Butler, Principal Engineer Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of the Slurry Seal Project — FY 2004/2005, Project No. PW04-16, as complete and; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount and; 3. Release the Materials and Labor Bond seven months afterthe filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 14, 2005, the City Council awarded a construction contract for Project No. PW04-16, Slurry Seal Project — FY 2004/2005, to All American Asphalt, Inc. of Corona, California in the amount of $338,159.68. Under this project, various streets were cleaned, crack -filled, capped with Rubberized Emulsion — Asphalt Slurry (REAS), and restriped. The Contractor has completed the work to the satisfaction of the Director of Public Works/City Engineer, and all work will have a warranty for a period of one (1) year from the date of acceptance by the City. The final contract amount, including all change orders is $371,060.50. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The Slurry Seal Project — FY 2004/2005, Project No. PW04-16 is funded by the Public Works Department Maintenance Division FY 2004-2005 Budget for Routine Street Maintenance. The base amount of the contract was $338,159.68. One (1) change order was issued in the amount of $32,900.82 making the final contract amount is $371,060.50. ATTACHMENTS: 1. Contractor's Affidavit and Final Release 2. Maintenance Bond 3. Notice of Completion CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT ' CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW04-16 SLURRY SEAL PROJECT - FY 200412005 This is to certify that,4d49MEi2i&j&/i�Djl%reinafter the "CONTRACTOR") declares I to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR' agents, employees or subcontractors used or in contribution to .the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW04-16, SLURRY SEAL PROJECT - FY 2004/2005, situated in the City of Temecula, State of California, more particularly described as follows: INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute j Pursuant to- Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City. of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: CONTRACTOR By: Signature /Vjg?1.4 Gdc'.? 1//' Print Name and Title RELEASE R-1 xp"faEGMPW0*Fxa.je8m WPOW HMaa w+ma15srEcsaa CITY OF TEMECULA. PUBLIC WORKS DEPARTMENT MAIMNA14CE BOND BOND No. 087 85 109 FOR PROJECT NO. PW04-16 SLURRY SEAL, PROJECT - FY 200&2005 KNOW ALL PERSONS BY THESE PRESENT THAT: ,ALL AMERICAN ASRHALTI 400 EAST $�:XTR ST, CORONA, CA. 92879 ...n wnno .ec f`tVJTRACTOR'S CORPORATION .,hereinafter called Principal, and a .nh orndawueq (6I1In whether a Corpararion, jFIM 80D1ELITY AND NO. BRANDDBPQ$TT COMPANY BL'VD, GLENDALE,OCA, 91 0D 3 NAME AND ADDRESS OF SURETY hereinafter called SURETY. are held and firmly bound unto CITY OF hereinafter called OWNER, in the penal SUM Of A��RTT97T i� ___ -.._ (i in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the. said City of. Temecula under the terms of the Contract, for the payment of which: we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered Into a certain Contract -With the OWNER, dated the 14th r day of June , 2005, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW04- 1 B, SLURRY SEAL -PROJECT -.FY 200412005. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of owe. (1) year after approval of the final estimate on said job, by the OWNER, against all,defects in workmanship and materials which may became apparent during said period; and WHEREAS, the said Contract has been completed. and was the final estimate approved on _ February 14th. ,2005. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date'of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective. materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees Incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and Included in any judgment rendered. MAINTENANCEBONO M.t xnrrnuEc,aseoN,raciemwernq.anmamavcarew,eaewea .. ...:;i+.rse..z.,....x_-:,z::.+ s.....�v.r_uia ,.,.r.f.>._..a:�a.sms` �• X aitih.'mah:m�Ya;"E� „" „jpry"�u:_dmffi'�9—�'. x:� -..: .-: -_:.:._.�.....tw"e:,.�uw.���i.�a...:a,.i;.�.ax..il�..txi'�ceefw'�.✓ ion of ion The Surety hereby stipulates and agrees that no change thereunder, eor to, ethei specifications toto the terms of the Contract, or to the work to be peo ffned accompanying the same, shall in any way affect its obligations on this bond, and it does hereby n of time, alteration. or addition to the terms of the waive notice of arty such change, extensio Contract, or to the work, or to the specifications. Signed and sealed this 12� t.`_ day of JanuaxY 2006 (Seal) FIDELITY AND DEPOS COMPANY YLAND ALL A WAN .ASPHALT SURETY PRINCIPAL By: By: OWEN M. BROWN 3r (Name) ATTORNEY -IN -FACT (eiC P (Title) (Title) APPROVED AS TO FORM: peter m Thorson. City Attorney Ste, Y�°aSu.YPY - (TRIe) MAINTENANCE 90ND a M-g 0.X7PAMaE��.�.��aFunaxl�NMf/Wui?nFFmPMPt'�o9Fm.a' Title or Type of Downed; 1-12-06 J a OWEN M. BROWN wo6tasfo+Mo ]ttegy known � me to be the pmen(s) , nante(a� late= wed to the Mri1Mn aretrumeM and aaaiaMadged to no Bret the same in WWjWgW auftmized caim ), and dw by hiANdbdt si Whae(a) WI the inatrmRerd the pemon(►), or the entity upon behaH of which the person(s) ac oiewed the,, inswunett IONAL r�nnaaew�on�a•snana�en�ca,r�Op1 mv�++���aa�muardmwap Desci iplion of Attached DOCUMent MATNTENANCE BOND NO. 087 85 109- Ooctanent Data: 1-12-06 Nuad"ofpage& TWO (2) Sgner(s) OdterThan Named AbUW. ALL AMERICAN ASPHALT Cap imi"es) timed by Signer SignWe Name: OWEN M. BROWN Tap at thumb hero ❑ Indlukkial ❑ Corporate OEficar—Tdle(a): O Pardrer-0 tbmiled ❑ General XXXA ydn-Fact Q Trustee 0 Guardian orCwwJvaW O OOW.. isq g.FIDELITY DEPOSIT COMPANY. AVMARYLAND O/BNf&PO.e7NO1BM'a0eI09S%ohv. PA.eo<8ei•C�rR CAfiBil81@•ae PIOO.�Y. eia%, RmMek Ca910fir»}>apW&869 CALIFORNIA ALL-PURPOSE State of California County of Riverside SS. On January 13, 2005 before me, Debbie A. Matsen, Notary Public. Date Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) DE181E A. MATSEN Commission # 1452589 -m Notary Public - California Riverside County My Comm. Expires Nov22, 2007 OPTIONAL X personally known to me . ' f satisfastequvidaase- to be the person(s) whose name(s) iR/are subscribed to the within instrument and acknowledged to me that4e(she/they executed the same in N&%erltheir authorized capacity(ies), and that by Nailier/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 Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Maintenance Bond. City of Temecula Document Date: January 12, 2006 Number of Pages: 2 Signer(d) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley and Thomas Toscas Individual XCorporate Officer Title(s): Vice President and Sec./Treasurer Partner- Limited General Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asohalt Top of thumb here 0 eZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1 % of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date Ite , de`s by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a a takings, and the execution of such bonds or undertakings in pursuan �� s �}- on said Company, as fully and amply, to all intents and purposes, as ifPruaurgyd1lA xe{c ,y.rr��t�� A ged by the regularly elected officers of the Company at its office in Bal ' r� h 110 This power of attorney revokes that issued on behalf of Owen M. $RG1AAtZ1at The said Assistant 96 Section 2, of the By -I `Av IN WITNESS 1; affixed the Corporate December, A.D. 2004. ATTEST: *Ifylhat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. REOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barites Assistant Secretary u By: William J. Mills Vice President State of Maryland i ss City of Baltimore J On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly .commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. . tit ILC Ifj g, �'� t•1IC tE �� � puuOH Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 012-4160 RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COM-PLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to All American Asphalt, P.O. Box 2229, Corona, California 92878-2229 to perform the following work of improvement: SLURRY SEAL PROJECT FY2OO4/2OO5 Project No. PWO4-16 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 14, 2006. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Slurry Seal Project FY2OO4/2OO5 Project No. PWO4-16 6. The location of said property is: Various Streets, Temecula, California Dated at Temecula, California, this 14" day of February, 2006 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County . Recorder of Riverside by said City Council. Dated at Temecula, California, this 14th day of February, 2006. City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW04\PW04-16 Slurry Seal Project FY 2004-05\COMPLETION NOTE PW0416.dccPW04-16\Comp1etion Note PW0416 ITEM NO. 17 Approvals ❑ City Attorney' AW Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Director of Redevelopment DATE: February 14, 2006 SUBJECT: Authoirze City Manager to Approve or Modify Rental Agreement RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO APPROVE OR MODIFY LEASES AND RENTAL AGREEMENTS FOR THE CITY -OWNED PROPERTY AT 41910 MAIN STREET. BACKGROUND: The City of Temecula owns a property located at 41910 Main Street in Old Town. The property contains one building which is currently rented. Prior to the building being vacated, the rental agreement may need to be modified. As a result, staff is requesting the City Council to authorize the City Manager to approve or modify the current rental agreement. This will allow a more efficient handling of the rent. FISCAL IMPACT: The current rental income from this property is $900 per month. ATTACHMENTS: Resolution RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO APPROVE OR MODIFY LEASES AND RENTAL AGREEMENTS FOR THE CITY - OWNED PROPERTY AT 41910 MAIN STREET THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City of Temecula owns the property at 41910 Main Street, Temecula ("Property"). The Building contains one building which is currently rented. The City may need to modify the rental agreement prior to it being vacated. The City Council hereby delegates to the City Manager the authority to enter into, terminate, modify, enforce and otherwise implement the rental agreement for the Property on behalf of the City. Section 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14"' day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk 869851.1 1/13/06 [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of February, 2006 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk 869851.1 1/13/06 ITEM NO. 18 ORDINANCE NO. 06-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY (PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING SECTIONS 17.22.200 THROUGH 17.22.206, TO THE TEMECULA MUNICIPAL CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD AND KNOWN AS ASSESSORS PARCEL NOS. 959-080-001 THROUGH 959- 080-004 AND 959-08-007 THROUGH 959-080-010 (PA05- 0302) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. Universal Health Services of Rancho Springs, Inc. (UHS), filed Planning Application Nos. PA04-0462, General Plan Amendment; PA05-0302, Zone Change to PDO-9 (Planned Development Overlay-9); PA04-0463 Conditional Use Permit and Development Plan; and PA04-0571, Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and Development Code, which applications are hereby incorporated by reference, for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, known as Assessors Parcel No(s). 959-080-001 through 959- 080-004 and 959-080-007 through 959-080-010 ("Project'). B. The Project was processed including, but not limited to, public notice in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. The Planning Commission considered the Project on April 6, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. D. The Planning Commission, based on testimony presented by the general public, determined that an Environmental Impact Report would be required for this Project. E. On April 20, 2005, a scoping session was held before the Planning Commission to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. R:/Ords 2006/Ords 06-01 F. A Draft Environmental Impact Report was prepared in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines and circulated for public review from September 28, 2005 through October 8, 2005. G. The Planning Commission considered the Project on November 16, 2005, and again on January 5, 2005 at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and H. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-001 recommending that the City Council certify the Final Environmental Impact Report for the Project and approve a Mitigation Monitoring Program for the Project. I. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-003, recommending that the City Council approve a Zone Change to amend the land use designation from Professional Office and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) and adopt Sections 17.22.200 through 17.22.206, including the PDO text and development standards for property generally located north of Highway 79 South, approximately 700 feet west of Margarita road, known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010. J. The City Council has held a duly noticed public hearing on January 24, 2006 to consider the proposed General Plan Amendment. K. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 06-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TEMECULA REGIONAL HOSPITAL AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE TEMECULA REGIONAL HOSPITAL PROJECT, LOCATED APPROXIMATELY 700 FEET WEST OF MARGARITA ROAD," AND KNOWN AS ASSESSOR'S PARCEL NOS. 959-080-001 THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080- 010 (PA04-0462, PA05-0302, PA04-0463, PA04-0571)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. L. The proposed zone change is consistent with the proposed land use designation for the General Plan and the related General Plan text amendment. The R:/Ords 2006/Ords 06-01 2 PDO text, as proposed is also consistent with the General Plan and related General Plan Amendment M. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Zone Change. The City Council of the City of Temecula hereby amends the Official Zoning Map of the City of Temecula by changing the zoning designation from Professional Office (PO) and Planned Development Overlay (PDO-8) to Planned Development Overlay (PDO-9) for the property consisting of approximately 35.31 acres generally located on the north side of Highway 79 South, approximately 70 feet west of Margarita Road, and specifically known as Assessors Parcel No(s). 959- 080-001 through 959-080-004 and 959-080-007 through 959-080-010 (Amending the official Zoning Map as shown on Exhibit A, Existing Zoning; Exhibit B Proposed Zoning attached hereto and incorporated herein as though set forth in full.). Section 3. Zone Text Amendment. The City Council of the City of Temecula hereby adds Sections 17.22.200 through 17.22.206 to read as follows: "TEMECULA HOSPITAL PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.200 TITLE. Sections 17.22.200 through 17.22.206 shall be known as "PDO-9" (Temecula Hospital Planned Overlay District). 17.22.202 PURPOSE AND INTENT. The Temecula Hospital planned development overlay district is intended to provide for design flexibility with regards to the building height of hospital projects. Other aspects of this PDO will be consistent with the land use designations that are described in the land use element of the Temecula general plan. 17.22.204 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES. Except as modified by the provisions of Section 17.22.206, the following rules and regulations shall apply to all planning applications in this area: 1. The development standards in the Development Code that would apply to any development in a Professional Office zoning district that are in effect at the time an application is deemed complete. 2. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. 3. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. R:/Ords 2006/Ords 06-01 3 4. Any other relevant rule, regulation or standard that is in effect at the time the application is deemed complete. 17.22.206 DEVELOPMENT STANDARDS. The development standards set forth in Chapter 17.08 apply to this PDO with the exception of the following modification to allowable building heights. The maximum allowable building heights, as defined in Chapter 17.34 for hospital buildings in the Temecula Hospital PDO District shall be limited as follows: No more than 30% of the total roof area of the hospital building may exceed the 75-foot building height limit. The maximum building height for those portions of the hospital building within the 30% area may not exceed 115 feet. For the purposes of this PDO, roof area is defined as that portion of the roof above occupied conditioned spaces bound by the inside face of the parapet wall that defines the roof area." Section 4. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 2006 Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2006/Ords 06-01 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24h day of January, 2006 and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula on the day of 200Eby the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IG1:i..11FG11►�Ko1l1►[MIN diIAdil:l:4:RI Susan W. Jones, MMC City Clerk R:/Ords 2006/Ords 06-01 5 ITEM NO. 19 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JANUARY 24, 2006 A regular meeting of the City of Temecula Community Services District was called to order at 7:25 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: ABSENT: 1 DIRECTORS: Edwards, Naggar, Washington and Comerchero Roberts Also present were City Attorney Thorson and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of January 10, 2006. MOTION: Director Washington moved to approve Consent Calendar Item No. 17. The motion was seconded by Director Naggar and electronic vote reflected approval with the exception of Director Roberts who was absent. CSD DEPARTMENTAL REPORT 18 Community Services Department Monthly Report No additional comment. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comment. CSD GENERAL MANAGER'S REPORT No additional comment. CSD BOARD OF DIRECTORS' REPORTS No additional comment. R:\Minutes\012406 CSD ADJOURNMENT At 7:26 P.M., the Temecula Community Tuesday, February 14, 2006, at 5:30 commencing at 7:00 P.M., City Council California. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] Services District meeting was formally adjourned to P.M., for a Closed Session, with regular session Chambers, 43200 Business Park Drive, Temecula, Jeff Comerchero. President R:\Minutes\012406 ITEM NO. 20 Approvals City Attorneys �y Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: February 14, 2006 SUBJECT: Naming of Redhawk Park Sites A, B, E and F PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the Board of Directors approve names for the Redhawk Park Sites located in the Redhawk development as follows: Park Site A — Sunset Park; Park Site B — Paseo Gallante Park; Park Site E — Temecula Creek Trail Park and Park Site F — Redhawk Community Park as recommended by the Community Services Commission. BACKGROUND: On June 30, 2005 the Redhawk communitywas annexed into the City of Temecula. There are four developed park sites in the Redhawk area that are unnamed. The Community Services Department maintains a policy of naming and placing signage on all City park and recreation facilities. Attached find our list of park name recommendations for future City of Temecula Park and Recreation Facilities. Pursuant to City policy, the Community Services Commission forwards recommendations to the Board of Directors regarding the naming of the City's parks and recreation facilities. Attheir meeting November 14, 2005, the Commission approved a motion to recommend thatthe following names be forwarded to the Board for these sites: Park Site A Sunset Park Park Site B Paseo Gallante Park Park Site E Temecula Creek Trail Park Park Site F Redhawk Community Park The Board may approve these names or select other names of their choice. FISCAL IMPACT: City of Temecula concrete monument park signs will be installed at each site. The cost will be funded by the approved Capital Improvement Program (CIP) for the Redhawk Park Improvements. ATTACHMENTS: Map of Park Site Locations List of Proposed Park Names Resolution No. CSD 92-08: Naming of Parks and Recreation Facilities CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT PROPOSED PARK NAMES The following is a list of names for various park sites within the City of Temecula. These names were compiled through a community wide park naming campaign, which requested residents of the City of Temecula to submit names for their local park sites to be constructed in the future. The Community Services Commission may select one of these names or another name of their choice, based on the geographical location of the park, a geological feature of the site, or they may name the facility after an individual that has made a significant contribution towards parks, recreation or community services in Temecula, or has played a vital role in the development of this community. Walter Vail Park Palomar Park Palomar Mountain Park Sunset Park Kit Carson Park Luiseno Park Immigrant Trail Park Cattleman Park Ramona Wolf Park Erle Stanley Gardner Park Roripaugh Park Wolf Valley Park Vineyard Park Vaqueros Park Palomino Park Eve Craig Park Santa Rosa Park Temecula Creek Park Mountain View Park Kaiser Park Ron Parks Park Grace Mellman Park Toddler Park City View Park Tony Tobin Park Columbia Park Columbia Memorial Park President's Park Tuscany Hills Park Good Neighbor Park Verde Valle Park Fun City Park Kingston Park Pauba Meadows Park Wine Country Park Pauba Park Jewel of Crowne Hill Park Antonio Ashman Park Kaiser Park Tom Hudson Park Policeman Park Stephen P. Saxton Memorial Park Louis Wolf Park Cardinal Park Soaring Heights Park Friendship Park Maggi Allen Park Paseo Gallante Park Little Temecula Rancho Park Pechanga Park Vista West Park Jackson Park Mockingbird Park Hawk Creek Park Unity Park Little Creek Park Temecula Creek Park Shelly Park Grapevine Park Redhawk Community Park Rio Temecula Park Eagle Glen Park Hawkeye Park Paloma Park C:AWINDOWS\apsdoc\ncttcmp\9220A$ASQpdf794530.doc S TU°PLSj o y R Z v GS Od, O y rS Y 2p WJ 4 Oyu LLI ti °-y�by O� J s 1S0 ° J In odd d O/ S 9S O o ,N 2 SON/1S.S0 y� o)) Y,I,Oh db�2 N a d 2 ° '/S O°V 5 S< w N6J P�' IVOSVd MA E O 7 Y 4 6 2 w G� �h0/1' \\.NERR �6 Joo d° QPy y AID se O Y yo y sN y5s � m 2 4z y 2 J Q2 ?J Oe� r a Bloom N P O tiJ do 4 °�� ER ANd OU ¢ a 2oY EOJT RL HJA,ya > w 'Sm °E 0e o� o o wM o a JP EOP j LL 20 2 CPM\ Qe � OP 2 TEHACHpe Q 04P0 PL Id 9N 4 y44 a rc 0 Y w x rc rc 76 .\O Z ^` o 2 R K y m rc o yS \f/ o Ka' oy °FERN CI A v / K 4 w ¢ q, \S�NCr°b p U m ¢ J�P � Y ,Z,P� o ST GOCIJ CUJ � U S° ,yam RJg\ 7 ob o S Q OJ? `20 Q) OP�ci02 ° obN �� Z yP\2 �\422 cORSEORNO m i 9 JP�y J- ti oyJyh' ¢e ty= V'\\\'y QO�O O2`y P %' YZj > s Z o O y O�P y2 2 OPyy o P� 2 �'�bSO N O O j U PPSE 7 �w S y�P SO w fc DPCP fie' ms P FE°RP'14Kp 1 Q NP o¢ti- SZE J 4 m J y O�'c bli7J ORA �il 4P�\O S CORTE PROLIN �,Ep \.OV rd°U � 60 ddb � ° GORSE y0 2 Z > Quo 4° odw as gbJ ® 0 LL LLI f' Sa_° O Y Y o a K > o MPRGPR\SP �° Q o �> c O O GP O 2 4 V LU A S $) 1 o. r U S377bj � .I,y S °P w0 7� W a of JO of 1j� O�br a L1S))b Qy4,t,P °W O r 4 �P 40P y4� ,Ft4' � 4R y QP V\L1A°ELSU OR w � Q-Ey� VS �1� � �Jbd, � ePP y� V BOOS. 9 dSi E b U40 OP Q� REDHAWK PARKS SUGGESTED NAMES PARK SITE A PARK SITE B PARK SITE E PARK SITE F Vineyard Park Cork Park Bottle Park Grapevine Park Antonio Ashman Park Nida Ashman Thompson Park Ramona Wolf Park Redhawk Community Park Vail's Cattle Drive Park Swing Inn Park Kit Carson Park Temecunga Park Happy Trails Park Temecunga Park Temecunga Park Johnson Park Redhawk Park Pasco Gallante Park Little Creek Park International Park Jeff Comerchero Park Dokua Smith Park Temecula Creek Park Vail Ranch Park Tom Hudson Park Little Temecula Rancho Park Citizens Park Rio Temecula Park Stephen P. Saxton Memorial Park Pechanga Park Vista Butterfield Park Ken & Betty Johnson Park Louis Wolf Park Vista West Park Skate Park Stephen's Park TPS Park Jackson Park Shelly Park Matrix Park Policeman Park Otto Park Jeff Comerchero Park Eagle Glen Park Bladen Park Volt Park Bluejay Park Hawkeye Park Mike Naggar Park Owen Wilson Park Hovering Talons Park Paloma Park Cardinal Park Ron Roberts Park Fiesta Community Park Soaring Heights Park Mockingbird Park Kaitlyn Marie Russell Memorial Park Hawk Creek Park Friendship Park Unity Park Maggi Allen Park R:\ZIGLERG\LISTS\REDHAWK PARKS SUGGESTED NAMES.doc CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT y PROPOSED PARK NAMES The following is a list of names for various park sites within the City of Temecula. These names were compiled through a community wide park naming campaign, which requested residents of the City of Temecula to submit names for their local park sites to be constructed in the future. The Community Services Commission may select one of these names or another name of their choice, based on the geographical location of the park, a geological feature of the site, or they may name the facility after an individual that has made a significant contribution towards parks, recreation or community services in Temecula, or has played a vital role in the development of this community. Walter Vail Park Palomar Mountain Park Kit Carson Park Immigrant Trail Park Ramona Wolf Park Roripaugh Park Vineyard Park Palomino Park Santa Rosa Park Mountain View Park Ron Parks Park Toddler Park Tony Tobin Park Columbia Memorial Park Tuscany Hills Park Verde Valle Park Kingston Park Wine Country Park Jewel of Crowne Hill Park Kaiser Park Palomar Park Sunset Park Luiseno Park Cattleman Park Erie Stanley Gardner Park Wolf Valley Park Vaqueros Park Eve Craig Park Temecula Creek Park Kaiser Park Grace Mellman Park City View Park Columbia Park President's Park Good Neighbor Park Fun City Park Pauba Meadows Park Pauba Park RAZIGLERGUSTWarkNames.doc' - - - RESOLUTION NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMAIUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAIMNG PARKS AND RECREATION FACILITIES WHEREAS, on April 23, 1991, the Board of Directors (the "Board") adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TOWECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald I�Parks. President ATTEST: une . Greek, City c AL) fto O CSD 92-0 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Lune S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Birdsall, Moore, Lipdemans, Munoz Parks, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None une S. Greek, £i Clerk j_ i Exhibit "A" TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE policyTo establish a uniform criteria for the nam nq oofparks and rec eat procedure that identifies facilities. POLICY The Park and Recreation commission will be responsible for the selection of names for parks and recreation facilities, once a name is selected, it will be forwarded to the aoard of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the commission for consideration. At a minimum, each park and community building will bedesignated a name. Naming of specific areas within a park (garden, wimming pool, lake, ballfield, etc.) is acceptable but givend a name be t to a -inimum to avoid confusion. No p All names fight be perceived as controversial by the community. selected shalcobbeeunitepwhere the park norurecreatimajorityl to a the a and tabl recreation facility neighborhood/ Y located. ites shall be given to geographical locations, Priority in naming s historic significance or geologic features. No park shall, be named for a person, except where an individual ionaand/or devemade a lopment pment of financial contribution toward the acquisition time di the park or facility, or has been an outstanding long - open space and recreational community leader who has supported activities. All ark and will be desinated a within six m nths Oflon acquisition or con truction. All pa kslshall name gs will have an entrance sign and.a have an entrance sign. Buildin plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community }nput and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSMILITY ACTION Department 1. Acquires a new park or recreation facility. 2. Solicits possible names from community. 3. Forwards suggested names to the Parks and Recreation Commission for consideration. Parks and 4. Receives any additional community input. Recreation Commission s. selects a name for the new park or recreation facility- 6. Forwards name to City council for ratification. Department 7. installs the appropriate naming sign or plaque. ITEM NO. 21 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JANUARY 24, 2006 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:26 PM., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Washington, and Naggar ABSENT: 1 AGENCY MEMBERS: Roberts Also present were City Attorney Thorson and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of January 10, 2006. MOTION: Agency Member Comerchero moved to approve the Consent Calendar Item No. 19. The motion was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. RDA DEPARTMENTAL REPORT 20 Redevelopment Department Monthly Report No additional comment. RDA EXECUTIVE DIRECTOR'S REPORT No additional comment. RDA AGENCY MEMBERS' REPORTS No additional comment. R:\Minutes\012406 RDA ADJOURNMENT At 7:26 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, February 14, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\012406 ITEM NO. 22 Approvals �y City Attorney Director of Finance City Manager Ulf/ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: February 14, 2006 SUBJECT: Planning Application No. PA06-0009, General Plan Amendment, Planning Application No. PA05-0341, Specific Plan Amendment No. 2 and Planning Application No. PA05-0404, Development Agreement Amendment for Roripaugh Ranch PREPARED BY: Cheryl Kitzerow, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS), GENERALLY LOCATED NEAR THE FUTURE INTERSECTION OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD (PA06- 0009) (APN 964-460-003) 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05- 0341 (SPECIFIC PLAN AMENDMENT NO. 2) TO AMEND THE RORIPAUGH RANCH SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS) TO ACCOMMODATE PARKAND RIDE AND TRAIL HEAD USES, AND TO RELOCATE THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B, GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SECTION 4.1.6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHOLDS RELATIVE TO THE CONSTRUCTION OF THE FIRE STATION IN TRACT 29353, LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN, NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD, AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD (PA05-0404) Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MODIFICATIONS TO THE TRANSPORTATION SECTION OF THE MITIGATION MONITORING PROGRAM APPROVED WITH THE RORIPAUGH RANCH SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (PLANNING APPLICATION NO. PA94-0076) REGARDING THE RELOCATION OF THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B, GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD AND NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD BACKGROUND: As required by the previously approved "Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29353-2" ("Deferral Agreement') and "First Operating Memorandum to the Recorded Development Agreement between the City of Temecula and Ashby USA", Ashby USA LLC submitted a request to amend the Roripaugh Ranch Specific Plan to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses. The Specific Plan Amendment also includes a request to relocate the park and ride facility from Planning Area 11 (Butterfield Stage Road/Murrieta Hot Springs) to Planning Area 33B (Nicholas Road/Butterfield Stage Road). In order to maintain consistency with the General Plan, Ashby USA LLC submitted a General Plan Amendment to amend the land use map of the City of Temecula General Plan to change the land use designation for Planning Area 33B to be consistent with the Specific Plan. On December 28, 2005, Ashby USA LLC submitted a request to amend the Roripaugh Ranch Development Agreement to allow issuance of no more than 515 units within the Project during the construction of the Fire Station, subject to completion of "Secondary Access," as described in Attachment 5 to the Development Agreement and permanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road (see Exhibit of Development Agreement Amendment). Specific Plan Amendment (SPA) Planning Area (PA) 33A is 11.8 acres and PA 33B is 2.3 acres. Both Planning Areas are currently designated as Low Density Residential. Planning Area 33A would remain Low Density; and the proposed SPA would affect Planning Area 33B only. PA 33B was never anticipated to be developed as part of the Roripaugh Ranch Specific Plan and no dwelling units were permitted in this PA. The proposed SPA would result in the following changes: Change the land use designation for PA 33B from Low Density Residential to Open Space to accommodate park and ride and trail head uses; Eliminate 2.3 acres from the residential land use category, thereby increasing the acreage of Open Space area within the Specific Plan and increasing the proposed density for Planning Area 33A from 1.06 dwelling units per acre to 1.27 dwelling units per acre; ❑ Relocate the park and ride facilityfrom Planning Area 11 (proposed commercial development) to Planning Area 33B. The proposed changes would not result in adverse impacts or more intense development than originally anticipated and analyzed with the approved Specific Plan. Although the density for PA 33A would increase, the total anticipated units for PA 33A (15 total) and the overall Roripaugh Ranch Specific Plan unit count (2,015 total) and density would remain unchanged. General Plan Amendment (GPA) The proposed amendment would change the land use map of the General Plan to change the land use designation for PA 33B in Roripaugh Ranch from Low Density Residential to Open Space. The proposed change would ensure land use consistency between the General Plan and Specific Plan. Development Agreement Amendment (DAA) The existing Development Agreement authorizes up to 107 permits with the Fire Chief having determined that up to 250 units could be adequately served. The previously approved Operating Memorandum required the developerto provide an additional $1.1 million to expedite construction of the Fire Station in exchange for additional building permits. The Temecula Fire Chief has now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction of the permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions of Approval for the Project are fulfilled. The proposed First Amendment to the Development Agreement would allow for the issuance of up to a maximum of five hundred fifteen (515) residential building permits for Planning Areas 1A, 2, 3, 4A and 4B and shall be issued upon a finding by the City Manager that: (1) the permanent fire station is substantially under construction; (2) permanent access to the Fire Station via Butterfield Stage Road and Murrieta Hot Springs Road is substantially under construction so as to be completed concurrent with the opening of the Fire Station; (3) Access to the Fire Station via Calle Chapos between the Fire Station's eastern most driveway and Walcott Lane will be completed concurrent with the opening of the Fire Station; and (4) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. Mitigation Monitoring Program (MMP) Item No. 9 of the Transportation Section of the approved Roripaugh Ranch Specific Plan EIR MMP requires the developer to construct 50 park and ride spaces in Planning Area 11 prior to the issuance of any building permits for Phase 2 or 3. In order to maintain consistency with the proposed SPA and previously approved Deferral Agreement, staff is recommending a revision to this item. The revision would indicate the location of the park and ride facility in Planning Area 33B, as well as change the timing threshold requiring the facility be constructed prior to the issuance of any residential building permit in Phases 2 or3. These proposed changes would not adversely affect the environment and does not require additional environmental review. Planning Commission Discussion The proposed project was presented to the Planning Commission on February 1, 2006. The Commission expressed concern regarding the proposed relocation of the park and ride facility from the commercial site to Planning Area 33B. The Commission specifically expressed concern with potential impacts such a facility could have on existing and future residences with regard to noise, traffic and lighting. Because the final development plan of the park and ride would be an administrative action without a public hearing, the Planning Commission added a recommendation that the Development Plan require Planning Commission review and approval. There were no public comments on this project. ENVIRONMENTAL DETERMINATION: Staff has determined that the project is consistent with the previously adopted Environmental Impact Report for the Roripaugh Ranch Specific Plan certified on November 26, 2002. A Notice of Determination will be filed in accordance with CEQA Section 15162 — Subsequent EIRs and Negative Declarations. FISCAL IMPACT: None. The previously approved Operating Memorandum requiredthe developer to provide an additional $1.1 million to expedite construction of the Fire Station in exchange for additional building permits (which the City has already received). ATTACHMENTS: CC Resolution No. 06-_ (GPA) CC Ordinance No. 06-_ (SPA) CC Ordinance No. 06-_ (DAA) CC Resolution No. 06-_ (MMP) Planning Commission Staff Report RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS), GENERALLY LOCATED NEAR THE FUTURE INTERSECTION OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD (PA06-0009) (APN 964-460-003) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find. determine and declare that: A. Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the City, bears a relationship to its planning; B. On December 17, 2002, the City Council of the City of Temecula adopted an approved Planning Application PA94-0076 (Environmental Impact Report), PA99- 0298 (General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230 (Tentative Tract Map 29353); C. On November 9, 2005, Ashby USA, LLC, filed Planning Application No. PA04-0341, Specific Plan Amendment No. 2 to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ("Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines ("Project'); D. On January 13, 2006, Ashby USA, LLC, filed Planning Application No. PA06-0009, General Plan Amendment to amend the General Plan land use map to change the land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS); E. The Project was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; F. The Planning Commission considered the Application on February 1, 2006, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; G. At the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; H. The City Council considered the Application on February 14, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; I. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application, approved a Notice of Determination after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended. J. That the City Council, in approving the Application, hereby makes the following findings: 1. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. 2. The proposed amendment will not have a significant impact on the character of the surrounding area. Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report ("EIR") for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement. The City Council finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Director of Planning will file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Amendments to the General Plan Land Use Map. The City Council hereby amends the Land Use Map of the General Plan to change the land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS), generally located near the future intersections of Nicholas Road and Butterfield Stage Road (APN 964-460-003), attached hereto as Exhibit "A". PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITYOFTEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of February, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A RORIPAUGH RANCH EXISTING GENERAL PLAN LAND USE Roripaugh Ranch Existing General Plan Land Use Proposed Change to OS l CITY OF TEMECULA GENERAL PLAN RESIDENTIAL HR Hillside(0-0.1 Du/Ac Max) RR Rural (0-0.2 Du/Ac Max) VL Very Low (0.2-0.4 Du/Ac Max) L Low (0.5-2 Du/Ac Max) LM Low Medium (3-6 Du/Ac Max) M Medium (7-12 Du/Ac Max) M High (13-20 Du/Ac Max) COMMERCIAL / OFFICE No Neighborhood Commercial Cc Community Commercial PIT Highway Tourist Commercial Sc Service Commercial Pc Professional Office INDUSTRIAL IF Industrial Park PUBLIC USES S OPEN SPACE PI Public Institutional Facilities VA Vineyards/Agricultural as Open Space TTL Tribal Trust Lands . ® Recreation Commercial Overlay 0 500 1,000 2,000 3.000 4,000 N Feet W E S DRAFT ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0341 (SPECIFIC PLAN AMENDMENT NO. 2) TO AMEND THE RORIPAUGH RANCH SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS) TO ACCOMMODATE PARK AND RIDE AND TRAIL HEAD USES, AND TO RELOCATE THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B, GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find. determine and declare that: A. On December 17, 2002, the City Council of the City of Temecula adopted an approved Planning Application PA94-0076 (Environmental Impact Report), PA99- 0298 (General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230 (Tentative Tract Map 29353); B. On January 11, 2005, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan Amendment No. 1 (PA04-0371) to change Planning Area 713 from Open Space (OS) to Low Medium Residential (LM), Planning Area 10 from Low Density Residential (L) to Low -Estate Residential (L-E) , and make other changes to the Roripaugh Ranch Specific Plan; C. On November 9, 2005, Ashby USA, LLC, filed Planning Application No. PA04-0341, Specific Plan Amendment No. 2 to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ("Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines ("Project'); D. Ashby USA, LLC, filed Planning Application No. PA06-0009, General Plan Amendment to change the General Plan land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS); E. The Project was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; F. The Planning Commission considered the Application on February 1, 2006, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; G. At the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; H. The City Council considered the Application on February 14, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; I. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application, approved a Notice of Determination after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; J. That the City Council, in approving the Application, hereby makes the following findings as required in Chapter 17.16.020.E of the Temecula Municipal Code: Section 17.16.020.E 1-4 1. The Specific Plan amendment is consistent with the General Plan. Planning Application No. PA06-0009 is a General Plan Amendment to change the General Plan land use designation for Planning Area 33B of the Roripaugh Specific Plan from Low Density Residential (L) to Open Space (OS). The proposed Specific Plan Amendment to change the Specific Plan land use designation for Planning Area 33B would be consistent with the General Plan. The relocation of the park and ride facility from Planning Area 11 (commercial designation) to Planning Area 33B (proposed as open space) is consistent with the General Plan goals for providing alternative transportation facilities, additional economic development opportunities and ensuring neighborhood compatibility. The park and ride facility relocation will allow for additional commercial land area within Planning Area 11 for development. The facility design will be reviewed to ensure it is compatible with adjacent residential uses. The Roripaugh Ranch Specific Plan includes specific requirements to be provided at the facility. The subject site in Planning Area 33B is physically suitable for the park and ride, and trail head uses that will be developed on the site. Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report ("EIR") for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement. The City Council finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Director of Planning will file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Specific Plan. The City Council of the City of Temecula hereby approves the Specific Plan Amendment known as the Roripaugh Ranch Specific Plan Amendment No. 2 as shown on Exhibit A (the Roripaugh Ranch Specific Plan Amendment No.2) and subject to the Conditions of Approval in Exhibit B, on property locate near the future intersection of Murrieta Hot Springs Road and Butterfield Stage Road. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITYOFTEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of February, 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of February, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A RORIPAUGH RANCH SPECIFIC PLAN AMENDMENT NUMBER 2 ECE o VI JAN 2 4 2006 BY Planning Department Planning Commission Recommendation for Approval Date:10.30.02 City Council Approval Date: 11.26.02 Final Revisions Completed: 3.25.03 Amendment No.1 Approved by City Council:1.11.05 RORIPAUGH RANCH SPECIFIC PLAN AMENDMENT NO. 2 City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 tel. 951.694.6400 fax 951.694.1999 Prepared for: Ashby USA, LLC 470 E. Harrison Street Corona, CA 92879 tel. 951.898.1692 fax 951.898.1693 Prepared by: Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92592 tel. 951.699.2338 fax 951.694.4474 January 20, 2006 SECTION I INTRODUCTION TO AMENDMENT NO.2 DESCRIPTIVE SUMMARY OF CHANGES Section I Section l of the Specific Plan Amendment No. 2 contains the following modifications on revised pages 9 and 10, and Figure 1-3. 1.2.1 (Evaluate Opportunities for Open Space) - Corrected the open space acreage and inserted a reference to the park and ride facility. Section II Section If of the Specific Plan Amendment No. 2 contains the following modifications on revised pages 1, 2, 4, 6, 7, 20, 23, 24, 25, 52 and 53, and Figures 2-1, 2-2, 2-5c, and 2-11. 2.1.1 (Project Description - Valley Neighborhood) Language was added designating Planning Area 33B as the location of the Park and Ride and trail head facilities and adds a brief discussion of the park and fide under open space components. 2.1.2 (Residential Uses) - Corrected the acreage to reflect the designation of Planning Area 33B as Open Space. (Table 2-2) - Separated Planning Areas 33A and 33B. 2.1.3 (Land Use Project Development Standards) - Incorporated the park and ride into the project description, added total residential acreage, and removed Planning Area 33B from the list of residential areas. 2.2.6 (Phasing of Road Improvements) - Modified Item 9 to reflect the park and ride in Planning Area 33B. 2.2.7 (Alternative Transportation) -Textual changes were made designating Planning Area 33B as the location of the Park and Ride facility. 2.2.9 (Project Development Standards) Textual changes were made designating Planning Area 33B as the location of the Park and Ride facility and referencing the correct corresponding Figures. 2.8.1 Identified the park and ride as an open space component of the project and corrected the total open space acreage. Section III Section III of the Specific Plan Amendment No. 2 contains the following modifications on revised pages 33, 34, 95, 96, 97, 98, and Figure 3-28. 3.11.1 Descriptive Summary) Language was incorporated describing the Park and Ride facility and designating Planning Area 33B as its location. 3.11.3 (Planning Standards - Circulation Standards) Remove references to the park and ride facility. 3.30..1 (Descriptive Summary) - Adjust the acreage and remove references to Planning Area 33B. 3.30.3 (Planning Standards, Circulation Standards, Miscellaneous Standards) - Remove the discussion of the park and ride and Planning Area 33B. 3.31. Create a new Section containing the provisions for Planning Area 33B and the park and ride facility. Roripauah Ranch Specific Plan Amendment No 2 S-1 SECTION I INTRODUCTION TO AMENDMENT NO. 2 Section IV Section IV of the Speck Plan Amendment No. 2 contains the following modification. 4.13.10 Modify Figure 4-90 to remove the park and ride from the commercial center. Section V Section V of the Specific Plan Amendment No. 2 contains the following modifications on revised pages .1, 4, 7, 8, 18, 19, and 20. 5.1 Remove Planning Area 33B from Low Density and describe Planning Area 33B as a park and ride under #3, Parks and Open Space discussion. 5.3.1 (Description of Residential Districts — Low Density Residential) Planning Area 33B was deleted from this section. 5.3.3 (Development Standards) - Remove Planning Area 33B from the list of Low Density Planning Areas. 5.5 Add Planning Area 33B to the list of Open Space Planning Areas. 5.5.2 (Use Regulations) - Add Planning Area 33B to the list of Planning Areas for the Open Space 2 district Add "Park and Ride" to the schedule of uses. Designate "Park and Ride" as a permitted use in the Open Space 3 District. 5.5.3 (Development Standards) - Add Planning Area 33B under the list of Planning Areas subject to the OS requirements. Inserted the language to require Planning and Community Services approval of development in Planning Area 33B as directed. Roripauah Ranch Spec Plan Amendment No 2 8-2 GENERAL PLAN CONSISTENCY - Goal 6. "Develop Temecula as a comprehensive, recognizable tourist destination, with a range of attractions throughout and beyond the Sphere of Influence." Not applicable. 1.1.11 General Plan Consistency Based on this analysis, the proposed project is consistent with the goals, policies, and objectives of the City of Temecula General Plan. 1.2 GROWTH MANAGEMENT STRATEGIES AND ACTION PLAN 1.2.1 Growth Management Strategies and Action Plan On March 21, 2000, the City Council adopted a Growth Management Program Action Plan (GMPAP) to plan for and accommodate future growth in the City. The GMPAP identifies a number of actions to be taken by the City that do not directly affect the proposed Roripaugh Ranch Specific Plan, such as Inter -Agency Coordination (Section 1). The following analysis demonstrates that the proposed project is consistent with applicable GMPAP sections and measures. Inter -Agency Coordination This section applies to City activities and is not project speck. Redirect Urban Development to Urban Areas The project is not totally consistent with this directive of the plan, but the property has been designated for suburban density development for many years, and is being developed at a level that is almost 20 percent less dense that is allowed. it will also complete the Eastern Bypass Corridor which will help form an urban development limit for the City. Cluster Densities related to Specific Plans According to the General Plan, the project site is designated for a Specific Plan with an overall density of 3.0 units per gross acre (GP Figure 1-3). The proposed project has a net residential density of 4.26 units per acre, but actually has a gross density of 2.56 units per acre that uses clustering to preserve over 200 acres of biological habitat. Higher density single family residential uses (i.e., 5,000 square foot lots) are proposed in the Plateau area but separated by setbacks and landscaped buffering from the top of the slope and views from Nicolas Valley. Higher density housing is also located in the central portion of the Valley area east of Butterfield Stage Road, while lower density uses are located around the periphery of the site, adjacent to rural uses to the east and south. In these ways, the proposed project provides appropriate clustering within the Specific Plan, and thus is consistent with this requirement of the GMPAP. Evaluate Opportunities for Open Space Approximately a third (263 266 acres or 33 percent) of the proposed project is reserved for open space, including 202.7 acres for the AD 161 Sub -Regional Habitat Conservation Plan recently approved by Riverside County and the U.S. Fish and Wildlife Service. The project is therefore consistent with this requirement of the GMPAP. Goal B of this section addresses the City's Development Review Process and directs the Planning Commission to "consider approving residential projects at the lowest allowable density in each density category." It further states the Commission may "consider approving a project above the lowest density if the project provides onsite or community amenities.". The project amenities include: a community park; a neighborhood park; 3 private recreational facilities; trails; open space consistent with the AD 161 SHCP; provision of major onsite and offsite public improvements and region -serving Roripaugh Ranch Specific Plan Amendment No.2 - _ 1-9 GENERAL PLAN CONSISTENCY roads (i.e., Murrieta Hot Springs Road and Butterfield Stage Road); flood control facilities; anew fire station; a park and ride facility, an elementary school site and a middle school site. Preserve Open Space The first recommended goal in this section is to "acquire vital open space and resource areas." The project as proposed does contain significant open space and habitat resources, which have been incorporated into the recently approved Assessment District 161 Sub -Regional Habitat Conservation Plan. The large permanent open space of the project fulfills this requirement The second action item is to "condition Specific Plans to preserve a significant amount of open space." The proposed Roripaugh Ranch plan includes 202.7 acres of land for biological habitat mainly for the California gnatcatcher and Quino checkerspot butterfly. The majority of the proposed open space land is adjacent to the Johnson Ranch open space lands to be included in the Assessment District (AD)161 Sub -Regional Habitat Conservation Plan (SHCP) recently approved by the County and the U.S. Fish and Wildlife Service. The proposed project therefore meets this requirement of the GMPAP. The third action item is to "maintain large parcel sizes in rural areas. Parcel sizes should increase the greater the distance from urban core areas. Encourage down zoning and parcel merging to maintain large rural lot sizes." The proposed Roripaugh Ranch plan also calls for suburban densities and lot sizes in the Plateau area consistent with development to the west along Murrieta Hot Springs Road and larger lots adjacent to the rural areas to the south and east In these ways, the proposed project is consistent with this requirement of the GMPAP. The remaining action items address funding mechanisms for preserving open space, such as tax advantages or state bond funds, and conducting a study to identify the amount and cost of open space land remaining in the City. Traffic Circulation System Improvements The GMPAP addresses traffic circulation system improvements, and the first goal is to "ensure that infrastructure is constructed ahead of new development" while the third goal is to `continue to condition new development to ensure that infrastructure is constructed in conjunction with development impacts" The Roripaugh Ranch Specific Plan identifies a variety of improvements needed for overall growth in the project area as well as specific improvements needed to serve the proposed project The project EIR and traffic study identified the timing and fair share contributions required for specific intersection and roadway improvements. In this way, the proposed project is consistent with this requirement of the GMPAP. Other action items under this goal are for the City to implement the Capital Improvement Program (CIP) and to work with other agencies regarding the timing and funding of improvements. Maximize Existing Transportation Network Efficiency This section mainly addresses City programs and responsibilities regarding public transit that are not directly related to the Roripaugh Ranch project. However, the project will make the following contributions to improve circulation: 1) Planning Area 33B will include 50 designated park and ride spaces; 2) the project will make a 3-year contribution to the RTA for a shuttle program for project residents; and 3) provide other transit -related features deemed appropriate by the City during the design review phase of development. In this way, the project will be consistent with this requirement of the GMPAP. Roripaugh Ranch Spec Plan Amendment No 2 1-10 SPECIFIC PLAN COMPONENTS 2.1 COMPREHENSIVE LAND USE PLAN The intent of the Land Use Plan component of this Specific Plan is to describe the general type, location, distribution and intensity of the land uses proposed for Roripaugh Ranch. The primary objective is to establish the specific type and intensity of land uses permitted within the Roripaugh Ranch, as well as their relationship to land uses on adjoining properties, both existing and proposed. 2.1.1 Project Description The proposed Land Use Plan for Roripaugh Ranch provides for a residential community with a maximum of 2,015 residential dwelling units, resulting in an overall density of 2.6 units pergross acre, which is less than the 3.0 dwelling units per gross acre density permitted under the Temecula General Plan. Additionally, the plan proposes supportive land uses including schools, parks, private recreation centers, neighborhood commercial and open space. The Land Use Plan, as depicted in Figures 2-1 and 2-2, identifies the proposed land uses and development patterns for the community. The project site is comprised of three distinct neighborhood areas: A) the "Plateau" Neighborhood; B) the "Valley" Neighborhood; and, C) the "Habitat" Neighborhood (see Figure 2-2A). The three neighborhoods are discussed below. Plateau Neighborhood (See Figure 2-2A and 4-1) This neighborhood is generally located west of Butterfield Stage Road and includes Planning Areas 1A through 6, 10, 11 and 12. This area is elevated well above the existing rural residential development in Nicolas Valley, and is roughly at grade with the future Rancho Bella Vista development to the north. Murrieta Hot Springs Road will provide the primary access to the Plateau Neighborhood. The Plateau Neighborhood will include 665 single family residential units on approximately 148.3 acres With a density of 4.5 du/ac. This area will include 11 Low Density residential lots with a minimum lot size of 20,000 square feet (Planning Area 10), 509 Low Medium Density residential lots with a minimum lot size of 5,000 square feet (Planning Areas 1A, 2, 3, 4A and 48) and 145 clustered Medium Density residential lots with a minimum lot size of 3,000 square feet (Planning Area 12). In addition, this neighborhood will include a 0.3-acre private mini -park (Planning Area 1B), a 4.8 acre private recreation center (Planning Area 5) and a 5.1 acre neighborhood park (Planning Area 6). Planning Areas 1 through 5 will be gated. Planning Areas 10 and 12 are planned to be gated using a card key. Residential lots within the Plateau area that are within 175 feet of the southern property line and are visible from homes along the north side of Nicolas Road, shall either have additional rear yard building setback or additional landscaping to help screen the residential units from Nicolas Valley. Valley Neighborhood (See Figure 2-2A and 4-2) This neighborhood is generally located east of Butterfield Stage Road adjacent to "North Loop Road" and "South Loop Road" and includes Planning Areas 14 through 24 and Planning Areas 27 through 33B. The Valley Neighborhood will include 1,350 single family residential Units on approximately 349.8 acres with a density of 3.9 du/ac. This area will include 97 Low Density residential lots with a minimum lot size of 20,000 square feet (Planning Areas 19, 20, 21 and 33A and 33B), 430 Low Medium Density residential lots with a minimum lot size of 6,000 square feet (Planning Areas 17 and 18) and 5,000 square feet (Planning Area 16), 122 Medium Density lots designated as Medium Density (Standard), with a minimum lot size of 4,000 square feet (Planning Areas 23 and 24) and 701 Medium Density (Clustered - maximum of 20% can be zero lot line), with a minimum lot size of 3,000 square feet (Planning Areas 14, 15, 22 and 31). in addition, this portion of the project will include a 19.7 acre active Community Sports Park (Planning Area 27), 4.0 acre Recreation Center (Planning Area 30), a 20.0 acre middle school site (Planning Area 28), a 12.0 acre elementary school site (Planning Area 29), a 2.3 acre 50-space park and ride/trailhead facility (Planning Area 33B), and a 2.0 acre fire station site (Planning Area 32). Roripaugh Ranch Specific Plan Amendment No. 2 - 2-1 SECTION V SPECIFIC PLAN COMPONENTS OVERVIEW Section V of the Specific Plan Amendment Addendum contains modifications to Table 2-1 (Residential Land Uses by Land Use Designations, Table 2-2 (Proposed Land Uses by Planning Areas (PA), and Section 2.10 (Walls and Fences Master Plan) based on changes to Planning Areas 1A, 7B, 10, 12 and 27. In addition, a footnote has been added to Table 2-2, which indicates the specific Planning Areas where single -story elevations will be required. Single -story elevations will be required in Planning Areas in which the minimum lot sizes are 5,000 square feet and larger. These Planning Areas are: 10, 16, 17, 18, 19, 20, 21, 33A & 33B. All other Planning.Areas will not contain minimum lot sizes that are conducive for single -story elevations. 2.1.2 Project Land Uses Residential Uses (See Figure 2-1) The project proposes a maximum of 2,015 residential dwelling units on a variety of lot sizes, ranging from 3,000 square feet to one acre in size. The following table is a breakdown of the residential component of the project: Table 2-1 Residential Land Uses by Land Use Designations Land Use Planning Acres Dwelling Density Percentage Designation Areas Units Low 19, 20, 21, 8" 97 0.9 4.8 Residential 33A and 338 101.8 (L)q EstateDse tv 10 8.1 14 1.7 0.7 Low Medium 1A, 2, 3, 4A, 196.8 945 4.8 46.8 Res. (LM) 4B, 16, 17 and 18 Medium 23 and 24 21.5 '122 5.7 6.1 Residential (M1) (staadar�) *Medium 12, 14, 15, 88.9 837 9.4 41.6 Residential 22 and 31 (M2) (Standard and Clustered) Project Total 414.8 2,015 4.9 100 408.2 *A maximum of 20% cluster housing can be zero lot line as illustrated in Figures 4-78 and 4- 81. 2-2 `Roripauoh Ranch Specific Plan Amendment No 2 --- - SPECIFIC PLAN COMPONENTS A .3 acre Mini -Park (See Figures 2-1, 3-1 and 4-9), is planned adjacent to Planning Areas 1A and 2 in the Plateau Neighborhood. This will be a private recreation facility serving the residents of Ronpaugh Ranch. Park and Riderrraflhead Planning Area 33B will contain a 50 space park and ride facility as well as a trailhead facility that connects to the project trails network. The design of the park and ride and trailhead facilities will be approved by the Directors of Planning and Community Services. Paseo and Trail Systems The Public Parks and Private Recreation Centers are linked at the planning area level by a series of paseos or walking paths. Nature Walk °Plateau" (See Figures 2-11, 4-12 and 4-15A) The Nature Walk will be located within the landscaped slope area of Planning Area 7A adjacent to Planning Areas 1A through 4B. This walk will link each planning area to the Neighborhood Park in Planning Area 6. The walk will not be lighted. River Walk (See Figures 2-11, 4-13 and 4-14) The River Walk is located on the north and south side of the Long Valley Wash Flood Control Channel (Planning Areas 25 and 26). The River Walk will be linked to the community sports park, middle school, elementary school, and Mega Center by a pedestrian bridge that crosses the channel, and a series of planning area level paseos. If the Riverside County Flood Control District determines that the River Walk can not be located within the channel right-of-way, then the trail will be relocated outside of the channel. Separate walks shall be designed and shown on the tentative tract map ("B" map only), for review and approval located outside the flood control right-of-way. The walk will not be lighted. Multi -Use Trail (See Figures 2-11, 4-13 and 4-16) The Multi -Use Trail runs along the southern and eastern boundary of the project from the Fire Station site at Butterfield Stage Road (Planning Area32) to the connection point with the UCR Property within Planning Areas 19, 20, and 21. The trail can be used by horses, bicycles, or hikers. This trail will not be lighted. Future Trail (See Figure 2-11) A Future Trail is proposed on the MWD waterline easement, adjacent to Planning Areas 33A & 33B, 46, 6, 7A, 8 and 9A. This trail is not being constructed as a part of this project Schools The project plan includes a 12.0 acre elementary school site (Planning Area 29) and a 20.0 acre middle school site (Planning Area 28) for the Temecula Valley Unified School District (TVUSD). The school sites are depicted in Figures 2-1 3-23, 3-24, 4-10 and 4-11. One or both of the proposed school sites can be converted to residential uses provided that all the following are met 1) approval of a Specific Plan Amendment is obtained from the City for conversion from Education (Schools) Designation to Low Medium Residential Designation; 2) the school district has indicated in writing that they are no longer interested in using Planning areas 28 or 29 as school sites; and 3) the total number of residential units for the entire project does not exceed 2,015. Ronpaugh Ranch Specific Plan Amendment No. 2 2-4 SPECIFIC PLAN COMPONENTS Table 2-2 (Continued) Proposed Land Uses by Planning Areas (PA) Land Use (Density) Acres Density Min. Lot Size (sf) Units 25 Open Space/Flood 8.2 N/A N/A N/A Control 26 Open Space/Flood 22.1 N/A N/A N/A Control 27 Sports Park 21.1 N/A N/A N/A 28, Middle School 20.0 N/A N/A N/A 29 Elementary School 12.0 30 Recreation Center 4.0 N/A N/A N/A (private) 31 - Residential - Medium 2 24.6 9.1 3,000 224 (Clustered) 32 Public Institutional (Fire 2.0 N/A N/A N/A Station) 33 Residential — Low (PA 11.8 44 20,000 15 A� 33A) 1.27 Residential--ew(RA 24 g} 338) 33 Open Space 2.3 NIA NIA NIA B Public/Private Roads 45.2 N/A N/A N/A TOTAL 804.7 2.5 2,015 Planning Areas where single -story elevations will be required. Single -story elevations will be required in Planning Areas in which the minimum lot sizes are 5,000 square feet and larger. 2.1.3 Land Use Project Development Standards In order to ensure the orderly and sensitive development of the residential, commercial and recreational uses proposed for the Roripaugh Ranch Specific Plan, special techniques or mitigations have been created for each Planning Area. These area -specific standards, discussed in detail in Section 3.0, Planning Areas and Development Standards, will assist in accommodating the proposed development and provide adequate transitions to neighboring land uses. In addition to these specific techniques, project -wide development standards have also been prepared to complement those applicable to each individual Planning Area. These general standards are: 1. The Roripaugh Ranch Specific Plan shall be developed with a maximum of 2,015 dwelling units on approximately 804.7 acres, as illustrated on the Land Use Plan (Figure 2-1). Residential uses include 1,169 single-family units and 846 clustered single-family residential units (maximum of 20% can be zero lot line - 169 units). 410.5 acres are projected for residential use, 15.4 acres of neighborhood commercial uses, 32.0 acres for two school sites (elementary and middle school), 8.8 acres for two private recreation centers, 24.8 acres for two public park sites, a 0.3 acre private mini -park, a 2.3 acre park and ride and tralihead, a 2.0 acre fire station site, 39.1 acres for flood control purposes, 202.7 acres of open space and 21.2 acres of landscape slope. Roripaugh Ranch Specific Plan Amendment No. 2 - 2-6 SPECIFIC PLAN COMPONENTS 2. A written request for density transfer shall be submitted to the Planning Department for review and approval that meets the following criteria: a. Transfer of dwelling units may occur between planning areas, provided that the transfer does not exceed the maximum density for each planning area as established in the General Plan. Transfer of units shall not be allowed into Planning Areas 10, 19, 20, 21 and 33A and 3212. Regardless of any unit transfers, the overall number of units allowed in the Roripaugh Ranch Specific Plan for each land use category shall not exceed the project overall total of 2,015 dwelling units or the General Plan land use density designation as follows: Low Density — 2.0 du./ac. _ Low Medium — 6.0 du./ac. Medium —12.0 du.lac. b. Any proposed transfer of density will require a revised land use plan submitted to the City for approval. c. Any transfer of density to a non-residential planning area shall only be permitted with approval of a Specific Plan Amendment. d. Transfer of density except as provided herein shall not increase the number of units within a Planning Area by more than 20% of the number of units as shown in the Specific Plan Land Use Plan. 3. As a part of the proposed project, the unincorporated portion of the site (Valley Neighborhood), will need to be annexed into the City of Temecula according to the County's Local Agency Formation Commission (LAFCO) requirements. 4. Prior to recordation of any final map in Planning Areas 1 through 5, the developer will provide the Airport Operator with avigation easements for all the parcels in Planning Areas 1 through 5 and send a copy of that proof to the Community Development Department. 5. Prior to recordation of any final map in Planning Areas 1 through 5, the developer shall provide the Community Development Department with proof that avigation easements have been obtained for all the lots in Planning Areas 1 through 5. 6. Prior to recordation of any final maps in Planning Areas 1 through 5, the developer shall demonstrate to the Community Development Department that buyer information contains a statement regarding avigation easements. This information shall be provided either in the White Report or supplementary information with an affidavit of disclosure provided by the developer. 7. One or both of the proposed school sites can be converted to residential use provided that all the following are met: 1) approval of a Specific Plan Amendment is obtained from the City for conversion from Educational Designation to Low Medium Residential Designation; 2) the school district has indicated in writing that they are no longer interested in using Planning Areas 28 or 29 as school sites; and 3) the total number of units for the entire project does not exceed2,015 units. 8. Uses and development standards will be in accordance with the Roripaugh Ranch Specific Plan Zoning Ordinance, the City of Temecula Development Code, and all TCSD standards and will be further defined by Specific Plan objectives, the Specific Plan design guidelines, and future detailed development proposals including subdivisions, development plan and conditional use permits. If the Specific Plan is silent on any issue relating to uses and development standards, the Citys current codes shall be enforced. Roripaugh Ranch Spec Plan Amendment No 2 _ 2-7 SPECIFIC PLAN COMPONENTS Revised DEIR. In general, the supplemental traffic studies will: 1) document ambient traffic volume conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general, the study area should include the immediate access intersections and roadways which would serve the new development phase, and those critical offsite intersections and roadways that will provide primary access to the new development. Critical intersections/roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion at the time the traffic study is to be performed. The traffic study findings would assist the City in proactively planning for area roadway improvements. Phase 1 (prior to issuance of 1" building permit in Planning Areas 1A-413, 6, and 32) 1. 1-15 Freeway (southbound ramps) at Rancho California Road - southbound left turn lane, west bound free right -turn lane, eastbound free right turn lane, and southbound free right turn lane. 2. 1-215 Freeway (southbound ramps) at Murrieta Hot Springs Road - southbound left - turn lane, southbound right -turn lane, eastbound through lane, eastbound right -turn lane, westbound through lane, and westbound free right-tum lane 3. Ynez Road at Winchester Road - southbound right -turn overlap 4. Ynez Road at Rancho California Road - eastbound through lane 5. North General Kearny Road at Nicolas Road - traffic signal. 6. Butterfield Stage Road at Rancho California Road - traffic signal 7. Murrieta Hot Springs Road at Alta Murrieta (in the City of Murrieta) - lane improvements (as yet undetermined). The developer shall provide the City of Temecula with a letter from the City of Murrieta stating that a fair share contribution to identified improvements at this intersection has been made. Phase 2 (prior to issuance of 1� building permit in Planning Areas 10 -12, 14 - 24, 27 - 31, and 33A and 33B) 1. 1-15 Freeway (southbound ramps) at Winchester Road - southbound left-tum lane, southbound right-tum lane, and eastbound right-tum lane, westbound through lane, eastbound through lane, and eastbound free right-tum lane. 2. Traffic signal and related intersection improvements, as warranted, at the intersection of La Serena Way and Meadows Parkway. 3. 1-15 Freeway (northbound ramps) at Winchester Road - northbound left-tum lane,northbound free right -turn lane, westbound through lane, and westbound free right -turn lane 4. 1-15 Freeway (southbound ramps) at Rancho California Road - southbound left-tum lane, southbound, eastbound, and westbound free right -turn lanes 5. 1-15 Freeway (northbound ramps) at Rancho California Road- northbound left -turn and right -turn lanes Rodpaugh Ranch Specific Plan Amendment No. 2 2-20 SPECIFIC PLAN COMPONENTS The following transportation system management/transportation demand management (TSM/TDM) measures are proposed to help reduce project -related traffic impacts: J 51 10. Prior to the approval of development plans for Planning Area 11, the developer shall provide pedestrian and bicycle facilities in these areas, to the satisfaction of the City Planning Department. The developer is required to provide 50 Park-N-Ride spaces in Planning Area 44 33B. facility is required to be completed provided prior to the building permit in Phases 2 or 3. - 'AdAF GGRGtRietien. The designs of bath the to subject to approval of RTA and the Director 339. A-perraneni-The of the first residential Plannwnq Area 44— The Prior to the issuance of the first building permit in Phase 2, the developer shall fund the operation of a shuttle bus services to and from the project. The developer shall pay the RTA to operate the shuttle bus service for a period of 3 years for project residents, but may be expanded to serve areas outside of the project on a fair share contribution basis. This measure shall be implemented to the satisfaction of the Planning Director and the RTA. 11. Prior to tentative tract map approval in each phase, the developer shall coordinate with the RTA to incorporate transit -related facilities and design features to the satisfaction of the City Public Works Department. 12. In conjunction with constructing Nicolas Road offsite in Phase 1, the developer shall install a 6-foot wide temporary asphalt path so residents along Nicolas Road can access the public facilities in the project east of Butterfield Stage Road (e.g., sports park, middle school, etc.). This path shall be built to the satisfaction of the Temecula Community Services Department and Public Works Department at the time adjacent improvements are installed. The asphalt path shall be extended from 450 feet east of the Nicolas Road/Calie Girasol intersection to the bridge over Santa Gertrudis Creek during Phase 2. 13. Prior to the issuance of the grading permits and building permits, the developer shall provide the City with a letter stating that all contractors will be prohibited from using Nicolas Road for construction related traffic. 14. Prior to tentative map approval for Planning Area 19, the 15-foot wide muRi-use trail within a 30-foot fuel modification zone shall be designated to be screened from offsite homes on an as needed basis. Screening shall be accomplished through the use of either landscaping or topography, to the greatest extent feasible. However, the primary goal of this trail is to provide access to the trail from adjacent onsite and offsite lots. 15. Prior to the issuance of building permits in the appropriate phase, the developer shall make a fair share contribution to four planned intersection improvements along Murrieta Hot Springs Road within the City of Murrieta: 1) 1-215 southbound ramps; 2) Alta Murrieta Drive; 3) Margarita Road; and 4) Winchester Road. 2.2.7 Alternative Transportation A park and ride site is proposed within the Roripaugh Ranch project site. as ilus#ated iR Figure The facility will be located in the Planning Area 33B and will include 50 designated parking spaces. Direct access shall be provided to the facility acceptable to the Riverside Transit Agency (RTA) and the City. Appropriate lighting will also be incorporated into the facility to ensure safety and promote usage. A trailhead for the trail network will also be integrated into the facility. Roripaugh Ranch Specific Plan Amendment No 2 - 2-23 SPECIFIC PLAN COMPONENTS In addition, the developer will also provide RTA stops at Murrieta Hot Springs Road and Pourroy Road, near Planning Area 11 and at "North Loop Road" in front of the middle school. Additional stops or modifications to these stops may be approved by the Planning Director after consultation with the RTA. All bus shelters will be designed so they are consistent with the design theme of the project. 2.2.8 Pedestrian/Bicycle Circulation The Specific Plan provides for both pedestrian and bicycle circulation for residents as well as project visitors (see Figure 2-5C, 2-5D, 2-11, 4-12, 4-13 and 4-14). The circulation within the project site has been separated into two systems. This includes the Private Trail System and the Public Trail Systems. All trails within the project site, with the exception of the future trail proposed within the MWD property will be constructed by the developer. Private Trail System (See Figures 2-11, 4-12, 4-13 and 4-14) A River Walk will be located along both sides of Long Valley Wash between Butterfield Stage Road and the Loop Roads as illustrated in Figure 4-13. This walk will be fully improved with all weather surface and fencing, and will service the private use of the Roripaugh Ranch residents. If the Riverside Flood Control District determines that the River Walk cannot be located within the channel right-of-way, then the walk will be relocated outside of the channel. Separate walks shall be designed and shown on the 'B" tentative tract map in the Valley for review and approval located outside the flood control right-of-way. In addition, a pedestrian bridge is proposed within Planning Area 26 as illustrated in Figure 2-11, and Figure 4-14, that will connect Planning Areas 22 through 24 to the sports park (Planning Area 27 and the two school sites (Planning Areas 28 and 29). A Class II (5' wide) bicycle lane is planned along both sides of North and South Loop Road within the private areas. These lanes will link to the public Class II bicycle lanes within the public portion of the Loop Roads. The bicycle lanes within North and South Loop Roads will provide a secondary transportation system linking the public parks and schools to the private parks and neighborhoods. Planning areas will be linked to one another by a paseos system. These paseos will create access through the planning areas to the private and public parks, project trails, schools and neighborhood commercial center within the project site, by encouraging walking or bicycling to reduce the demand for internal automobile trips. A "Nature Walk" is located within Planning Area 7A as illustrated in Figure 4-12 and 4-15A. The walk will be 10' wide with an all weather surface and provide an internal pedestrian link between the planning areas within the "Plateau" area connecting to the Neighborhood Park (Planning Area 6). Public Trail System (See Figures 2-11, 4-12, 4-13 and 4-16) A multi -use trail system compliments the private multi -use trail system planned for Roripaugh Ranch. Class II bicycle lanes are planned along both sides of "North Loop Road", "South Loop Road" Butterfield Stage Road, Murrieta Hot Springs Road and both "A' and 'B" Streets as illustrated in Figure 4-23A through 4-31. In addition, a Class I bicycle lane will be located along the west side of Butterfield Stage Road between Nicolas Road and Murrieta Hot Springs Road. A 15' wide multi -use trail is planned along the southern and eastern boundaries of the project site adjacent to Planning Areas 19, 20, 21, and 32 as illustrated in Figure 2-11, 4-13 and 4-16. The trail will be accessible to the residents within these planning areas as well as the general public. A home owners association within Roripaugh Ranch will maintain the trail. Roripaugh Ranch Specific Plan, Amendment No. 2 SPECIFIC PLAN COMPONENTS 2.2.9 Project Development Standards 1. All tentative tract maps shall comply with the on -site and off -site street improvement recommendations/mitigations as stated in the Specific Plan and Mitigation Monitoring Program. The mitigation measures will be Incorporated as conditions of approval for the tentative tract maps. The off -site improvements associated with each tentative tract map shall be coordinated with the overall road improvement -phasing plan. 2. Major roadways, including Murrieta Hot Springs Road, Butterfield Stage Road, Nicolas Road, "North Loop Road" and "South Loop Road", shall have restricted access except at approved street intersections to provide better flow of traffic. Driveway locations to commercial, office, and residential areas, shall be approved at the development plan stage. 3. All public roads and private roads as shown in this document shall be constructed per City of Temecula standards and approved street cross sections in the Roripaugh Ranch Specific Plan. 4. Street parkways shall be landscaped in accordance with the recommendations for street landscaping as approved in this document and TCSD standards. 5. Developer shall construct a safe and efficient sidewalk, bicycle path, and multi -use trail network. 6. Sidewalks and bicycle lanes shall be provided on all major streets including Munieta Hot Springs Road, Butterfield Stage Road, Nicolas Road, "A" Street, "B" Street, "North Loop Road" and "South Loop Road". Sidewalks shall also be included on public and private streets with the exception of the east side of Butterfield Stage Road adjacent to Planning Areas 13 and 14. In addition, multi -use trails and bridges shall be provided as identified in this document to improve the overall circulation. 7. A park and ride facility shall be provided in Planning Area44 33B as illustrated in Figures 3-9 3-28 aad 4-90. This facility shall include 50 designated parking spaces. Direct access shall be provided to the facility acceptable to the Riverside Transit Agency. Appropriate lighting shall be incorporated into the facility to ensure safety and promote usage. 8. Bus turnouts and shelters shall be provided as required by the Riverside Transit Authority (RTA) and approved by the Department of Public Works. All shelters shall be consistent with the design theme of the project. 9. Bus/Pedestrian shelters and turnouts shall be installed concurrently with street improvements. 10. The developer shall provide RTA stops at Murrieta Hot Springs Road and Pourroy Road, at the park and ride facility in Planning Area44 33B and at "North Loop Road" in front of the middle school. Additional stops or modifications to these stops may be approved by the Planning Director after consultation with the RTA. 11. Road and traffic signal improvements shall be installed or contributed to on a fair share basis in accordance with the phasing as stated in Section 2.2.6 of the Specific Plan. 12. The project shall comply with all subsequent conditions and requirements for road design, improvements, and right-of-way dedication imposed by the City of Temecula. 13. The developer shall comply with the City's Development Impact Fee requirement. 14. Efficient, safe vehicular and pedestrian connections shall be provided to both school sites acceptable to the school district and the City. Roripaugh Ranch Specific Plan Amendment No. 2 2-25 SPECIFIC PLAN COMPONENTS 2.8 OPEN SPACE AND RECREATIONAL MASTER PLAN 2.8.1 Project Description A total of 24.8 acres of improved public parkland, 202.7 acres of open space, 39.1 acres of flood control, 2.3 acres of park and ridettrailhead, and 21.2 acres of landscape slope will be provided in Roripaugh Ranch. These 287.9 290.1 acres of parkland and open space represents approximately 36% of the total project acreage. The design of the project will preserve significant features of the natural landscape, such as drainage ways and important habitats, and requires provisions for active and passive recreational opportunities. The need for a comprehensive approach to parks and open space planning is essential as the increasing demand for urban development continues. The Open Space and Recreation Master Plan is shown on Figure 2-11. The Area Wide Open Space Concept Plan is shown on Figure 2-12. Public Parks (See Figures 2-1, 2-11, 3-6, 3-22, 4-3 and 4-4) The project includes two public parks encompassing a total of 24.8 acres to provide recreational opportunities for the project residents. The Valley neighborhood area (see Figure 2-2A), includes a 19.7 acre community sports park site (Planning Area 27). This park will include lighted balifields just west of and adjacent to the middle school site (Planning Area 28). This location will allow the sports park and the school to take full advantage of joint use programs and facilities. A smaller Neighborhood Park (Planning Area 6), is proposed on 5.1 acres east of the Plateau area and the MWD property just south of Murrieta Hot Springs Road. The City policy allows "full parkland dedication credir for these public recreation facilities. Private Recreation (See Figures 2-1, 2-11, 3-1, 3-5, 3-25, 4-5 through 4-9) The project includes 9.1 acres of private recreation sites. This entails a 4.0 acre site (Planning Area 30), east of the elementary school site (Planning Area 29), a 4.8 acre site in the Plateau area (Planning Area 5), and a 0.3 acre Mini -Park (Planning Area 1 B). The City Subdivision Ordinance only allows up to "half credit" for private recreation facilities, so the project may receive Quimby credit for 4.55 acres of parkland. Project Parkland Requirements The projects anticipated buildout population is 5,743 residents based on the City's recommended household factor 2.85 persons per household. The City also has a Quimby Act parkland requirement of five (5) acres of parkland per thousand residents. Therefore, the project is required to provide 28.7 acres of parkland (5,743 residents times 5.0 acres/1,000 residents). The Temecula Community Services Department (TCSD) has indicated that the project will only receive "Quimby" credit for the two public parks (24.8 acres), plus an additional 4.55 acres for the private parkland (half credit for 9.1 acres). Thus, the project will provide the equivalent of 29.35 acres of parkland (24.8 + 4.55). The project therefore exceeds its Quimby parkland requirement of 28.7 acres of parkland by .65 acres. The conceptual design of the proposed park facilities are depicted in Section 4.0 of this Specific Plan. Roripaugh Ranch will provide 24.8 acres of dedicated public parkland. In return for providing fully improved parks, Roripaugh Ranch may receive credits against the park and recreation component of the City's Development Impact fees pursuant to a Development Agreement or Park Improvement Agreement. Roripaugh Ranch Spec Plan Amendment No. 2 _ _ _ - _ 2-52 SPECIFIC PLAN COMPONENTS Open Space (See Figures 2-1, 2-11, 2-12 and 3-7A, 3-7B and 3-7C) The Open Space component of Roripaugh Ranch has been designed to complement the area -wide open space/habitat conservation program established within the Johnson Ranch and Rancho Bella Vista Specific Plan areas. Approximately263 265 acres, or 33% of the project acreage are reserved as open space, flood control purposes and landscape slopes. The resulting open space will provide visual relief as well as buffer the various land uses both on -and off -site. This open space preserves ecologically significant environments such as riparian vegetation, natural drainage and seasonal wetlands. As depicted in Figure 2-11, Open Space areas are preserved throughout the project. Figure 2-12, depicts the projects proposed open space as it relates to off -site open space areas. Open Space in Planning Areas 7A, 8, 9A, 9B and 13, will include limited grading or disturbance with the exception of fuel modification adjacent to residential development as illustrated in Figures 4-34A, 4-34B and 4-34C and for road and flood control purposes. Open Space in Planning Area 13 may include limited grading to allow for drainage and revegetation. The habitat in Planning Area 13 will eventually be owned by the appropriate habitat maintenance agency, and a fuel modification zone, including an access road, will be constructed to separate the habitat (Planning Area 13) from residential uses. This area will also have specific guidelines for landscaping, lighting, fencing, fuel modification, and trails at the time it is transferred to the appropriate habitat maintenance agency. The Open Space areas within Roripaugh Ranch are intended to maintain the land in as natural state as possible, without intrusion from recreational or other uses and subject to approval by the Califomia Department of Fish & Game and U.S. Department of Fish & Wildlife. Minimal, naturalized improvements will be made to implement proposed fuel modification. No buildings or other structures are permitted within this designation to preserve the quality of the natural habitat areas. Trails (Pedestrian/Bicvcle/Multi-Use) (See Figures 2-11, 4-12, 4-13, 4-14, 4-15A and 4-16) The entire Roripaugh Ranch community will be connected by a series of sidewalks, paseos and bike lanes which will offer non -vehicular access to other educational, commercial and recreational facilities within the Specific Plan area and (eventually) to adjacent development. A multi -use trail is proposed along the southern and eastern boundaries of the Valley area. This trail will allow equestrians to continue riding their horses along the rolling hills between the Temecula wine country and the Johnson Ranch open space/habitat preserve area. A future trail is also proposed along the MWD easement, just west of Planning Areas 6, 33B, and 33A (from north to south) which will not be constructed as part of this project Sidewalks and Class ll bikeways are included in all the project major streets, including Murrieta Hot Springs Road, Butterfield Stage Road, Nicolas Road, "A" Street, "B" Street, "North Loop Road and "South Loop Road" (see Figures 2-3 and 2-5D). In addition, a 12-foot Class I bicycle trail will be constructed along the west side of Butterfield Stage Road from Murrieta Hot Springs Road to Nicolas Road. A 12-foot wide asphalt path will be maintained along both sides of Long Valley Wash, and a pedestrian bridge will be installed about 2,000 feet east of Butterfield Stage Road to provide residents living south of the channel access to the community park, the private recreation center, middle school, and elementary school. The surrounding tracts will be designed with landscaped paseos as non - vehicular access points to the 12-foot wide asphalt path and the pedestrian bridge that crosses over Long Valley Wash. Park and Ride/Traiihead Planning Area 33B will contain a 50 space park and ride facility as well as a trailhead facility that connects to the project trail network. The design of the park and ride and trailhead facilities will be approved by the Directors of Planning and Community Services. Roripaugh Ranch SperAc Plan Amendment No 2 - 2-53 PLANNING AREAS AND DEVELOPMENT STANDARDS 3.11 PLANNING AREA 11 3.11.1 Descriptive Summary Planning Area 11 as depicted on Figures 3-9 and 4-90, provides for development of 15.4 acres of Neighborhood Commercial uses. Commercial uses within the planning area shall not exceed 110,000 square feet The Neighborhood Commercial use is intended to provide fora wide variety of different types of land uses. One unique character with this planning area is pedestrian open spaces which will be placed within the planning area that offer places for resting, sitting areas, and other opportunities. Sidewalks will be placed adjacent to storefronts and wide enough to encourage browsing, stopping to talk or to walk through. 3.11.2 Land Use and Development Standards Please refer to Section 5.0, Specific Plan Zoning Ordinance. 3.11.3 Planning Standards Circulation Standards 1. Access to the planning area will be provided from Munieta Hot Springs Road, Butterfield Stage Road and "A" Street. Potential access points as depicted, are conceptual. Access points into the planning area off of Murrieta Hot Springs Road and "A" Street shall be located a minimum of 200 feet from Butterfield Stage Road. The access off of "A" Street shall be located directly across from "B" Street. Off -set intersections shall not be permitted. The exact location and number of access points for this planning area shall be subject to review and approval by the City at the tentative tract map stage. Access points shall be designed and located to provide adequate and safe access from a traffic and fire safety standpoint. 4 2. Pedestrian connectivity shall be provided between the neighborhood commercial center and the surrounding area as illustrated in Figure 3-9, 4-12 and 4-13. Roripaugh Ranch Specific Plan Amendment No. 2 3-33 PLANNING AREAS AND DEVELOPMENT STANDARDS Landscape and Recreation Standards 5: 3. A Parkway Landscape Treatment, as illustrated in the Landscape Master Plan Figures 2-13, 4-26A and 4-26B shall be provided along Murrieta Hot Springs Road. 6.4. A Parkway Landscape Treatment, as illustrated in the Landscape Master Plan Figures 2- 13 and 4-23E shall be provided along Butterfield Stage Road. 5. A Parkway Landscape Treatment, as illustrated in the Landscape Master Plan Figures 2-13, 4-30A and 4-30B shall be provided along "A Street. 476. Commercial buildings adjacent to "A" Street shall have enhanced landscaping acceptable to the City that is incorporated along the rear of buildings to screen views from Planning Areas 6 and 12. 0.7. Eating establishments along Butterfield Stage Road and along the eastern portion of "A" Street are strongly encouraged to have outdoor seating areas that are oriented to take advantage of views looking to the southeast and east. Miscellaneous Standards 40.8. Parking shall not be located along Mun ieta Hot Springs Road, Butterfield Stage Road and "A" Street. 44.9. Tower elements shall be incorporated into the design of the neighborhood commercial center buildings so that future telecommunication facilities can be incorporated into the tower design. The developer shall contact telecommunication companies prior to the submittal of a Development Plan to inquire about the intent of locating telecommunication facilities within the towers. 42.10. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and Standards that apply site -wide. 2.1 Comprehensive Land Use Plan 2.2 Circulation Master Plan 2.3 Drainage Master Plan 2.4 Water Master Plan 2.6 Sewer Master Plan 2.6 Grading Master Plan 2.7 Phasing Plan -Public and Private Facilities 2.8 Open Space Recreation and Trails Master Plan 2.9 Landscape Master Plan 2.10 Walls and Fences Master Plan 4-3.11. Please see Section 4.0 (Design Guidelines) for criteria related to the development of Planning Area 11. Timing and Responsibility of Improvements 44.12. Please see Section 6.0 (Timing and Responsibility of Improvements) for phasing of improvements within Planning Area 11. Roripaugh Ranch Specific Plan, Amendment No. 2 3-34 The access into Planning Area 33A shall be located directly across from "B" Street as illustrated in Figure 3-26-28. PLANNING AREAS AND DEVELOPMENT STANDARDS 3.30 PLANNING AREAS 33A and338 3.30.1 Descriptive Summary Planning Areas 33A-and-338, as depicted on Figure 3-28, provides for development of 44.4 11.8 acres with Low Density Residential use. This area is planned for 15 single family residential dwelling units at a density of 446 1.27 du/ac. This Low Density Residential use has been planned for this area in an effort to buffer the existing Low Density Residential uses adjacent to Roripaugh Ranch. Lots will range in size from .5 acre to one acre in lot size. Entrance into Planning Areas 33A and41313-will be off of Nicolas Road. Dwelling units aFe not peFme#ed in . ne acre lots shall be located along the western perimeter to provide a buffer between the off -site properties and .5 acre lots will be located elsewhere in the planning area. 3.30.2 Land Use and Development Standards Please refer to Specific Plan Zoning Ordinance, Section 5.0. 3.30.3 Planning Standards Circulation Standards 1. Access to the planning area will be provided from Nicolas Road. Potential access points, as depicted, are conceptual. The exact location and number of access points for this planning area shall be subject to review and approval by the City at the tentative tract map stage. Access points shall be designed and located to provide adequate and safe access through adjacent planning areas from a traffic and fire safety standpoint. 2. 3. Landscape and Recreation Standards 3.6. A Card Key Gated Secondary Entry, as illustrated in Figures 3-28, 4-2 and 4-22C, shall be provided off of Nicolas Road into Planning Area 33A. 4.4. An Auto and Pedestrian Gated Entry, as illustrated in Figure 4-20C, shall be provided behind the Card Key Gated Secondary Entry. Roripauah Ranch Specific Plan Amendment No 2 3-95 PLANNING AREAS AND DEVELOPMENT STANDARDS 5.7. A Parkway Street Treatment, as illustrated in Figures 2-3 and 4-27, shall be provided adjacent to Planning Areas 33A and 33R. 68. A Primary Project Monumentation, as illustrated in Figures 3-28, 4-2 and 4-17, will be provided at the intersection of Butterfield Stage Road and Nicolas Road. Walls and Fences Standards 7.-9: A Project Wall, as illustrated in the Walls and Fences Master Plan (Figures 2-14 and 2-15), shall be located along the perimeters of the planning area. An optional View Fence may be substituted for the Project Wail depending upon the results of a noise study. Miscellaneous Standards 8.40-, No transfer of dwelling units shall be allowed in Planning Area 33A. Residents! dwelling 9. a4: Please refer to Section 2.1 through Section 2.10 for the following Development Plans and Standards that apply site -wide. 2.1 Comprehensive Land Use Plan 2.7 Phasing Plan -Public and Private 2.2 Circulation Master Plan Facilities 2.3 Drainage Master Plan 2.8 Open Space Recreation and 2.4 Water Master Plan Trails Master Plan 2.5 Sewer Master Plan 2.9 Landscape Master Plan 2.6 Grading Master Plan 2.10 Walls and Fences Master Plan 10.42 Please see Section 4.0 (Design Guidelines) for criteria related to the development of Planning Area 33A ARd 3313. 11.43 Planning Area 33A and R shall have a minimum one acre lots along the western boundary and minimum .5 acre lots elsewhere. Timing and Responsibility of Improvements 12.44. Please see Exhibit A (Timing and Responsibility of Improvements) for phasing of improvements within Planning Areas 33A and 33R. Roripaugh Ranch Specific Plan, Amendment No. 2 - 3-96 PLANNING AREAS AND DEVELOPMENT STANDARDS 3.31 PLANNING AREA 33B 3.31.1 Descriptive Summary Planning Area 33B, as depicted on Figure 3-28, provides for development of 2.3 acres with a park and ride facility and trailhead. This area is planned for a 50-space park and ride facility combined with a trail head for the community trail network. No residential units are allowed in this area. 3.31.2 Land Use and Development Standards Please refer to Specific Plan Zoning Ordinance, Section 5.0. 3.31.3 Planning Standards Circulation Standards 1. Access to the planning area will be provided from Nicolas Road. Potential access points, as depicted, are conceptual. The exact location and number of access points for this planning area shall be subject to review and approval by the City. 2. A park and ride facility is planned within Planning Area 33B as illustrated in Figure 3- 28. This facility will include 50 designated park and ride spaces. The design of the facility shall be approved by the Riverside Transit Agency (RTA) and the City of Temecula prior to any construction. This facility shall be constructed prior to the issuance of any residential building permits in Phases 2 or 3. Appropriate lighting shall be incorporated into the facility to ensure safety and promote usage. 3. All bus shelters shall be designed so they are consistent with the design theme of the project. Landscape and Recreation Standards 4. A Parkway Street Treatment, as illustrated in Figures 2-3 and 4-27, shall be provided adjacent to Planning Area 3313. Miscellaneous Standards 5. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and Standards that apply site-wlde. 2.1 Comprehensive Land Use Plan 2.2 Circulation Master Plan 2.3 Drainage Master Plan 2.4 Water Master Plan 2.5 Sewer Master Plan 2.6 Grading Master Plan 2.7 Phasing Plan -Public and Private Facilities 2.8 Open Space Recreation and Trails Master Plan 2.9 Landscape Master Plan 2.10 Walls and Fences Master Plan Roripaugh Ranch Specific Plan Amendment No. 2 3-97 PLANNING AREAS AND DEVELOPMENT STANDARDS 6. Planning Area 33B shall provide, at a minimum, the following improvements a. A total of a fifty (50) parking space Park and Ride facility. b. Six (6) parking spaces for trailers. C. Security Lighting. d. Passive recreational area with benches and tables. e. Kiosk for interpretive information for the open space area. f. Drinking fountains. g. Water for equestrians. h. Staging area for equestrians. i. Landscaping. Rodpaugh Ranch Spec Plan Amendment No. 2 __ - 3-98 SPECIFIC PLAN ZONING ORDINANCE 6.1 PURPOSE AND INTENT The zoning for the Specific Plan area is Specific Plan Overlay. This section of the Specific Plan establishes zoning districts and land use regulations and standards that will control land use and development in the land uses identified for the Specific Plan area. These regulations amend and supersede the regulations of the Temecula Development Code. Where standards and regulations are not specified in this Specific Plan, the requirements of the Temecula Development Code shall provide the regulatory authority. This section also identifies the procedures to be used to review site plans for development projects proposed within the Specific Plan area. Special standards for residential development are also included here. The Site Planning and Architectural Design Guidelines in Section 4.0 are intended to be used in conjunction with the zoning and development standards stated here. The following standards will serve as the primary mechanism for implementation of the land uses for the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility between land uses. Principal land uses for the Specific Plan shall be as follows: 1. Residential Land Uses: o Low Density (L) Single -Family Detached: (PA 10, 19, 20, 21, and 33A aad-33B) o Low Medium (LM) Density Single -Family Detached: (PA 1A-4B, 16 -18) o Medium (Ml) Density Single -Family Detached: (PA 23 and 24) o Medium (M2) Density Single -Family Detached and Attached clustered: (PA 12, 14, 15, 22 and 31) 2. Commercial: o_ Neighborhood -Commercial: _(PA 11) 3. Parks and Open Space: o Private Recreation Centers (PA 5, 30) o Private Mini -Park (PA 1 B) o Parks (PA 6, 27) o Open Space Habitat (OS1): (PA 8, 9A, 9B, and 13) Flood Control (OS2): (PA 7B, 7C, 25, 26, and portions of 14 and 27) Park and Ride/Trailhead (OS3). (PA 33B) Landscape Slope (OS3): (PA 7A and portion of 6) 4. Elementary and Middle School: (PA: 28 and 29) 5. Fire Station: (PA 32) Rod au h Ranch Specific Plan Amendment No. 2 5"1 SPECIFIC PLAN ZONING ORDINANCE 6.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. 10, 19,20,21, AND 33A AND33R The Low Density Residential (L) zoning district is intended to provide for the development of single- family detached homes on large lots with a unique character of development Typical lot sizes in the L zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior perimeter of Planning Areas 19, 20, 21, and 33A. Private equestrian use will only be allowed on lots one acre or larger adjacent to the multi -use trail in Planning Areas 19, 20, 21. Planning Area 33D LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS.1A, 2, 3, 4A, 4B,16, 17 and 18 The Low Medium (LM) zoning district is intended to provide for the development of single-family homes on lots of 5,000 square feet to 6,000 square feet Planning Areas 1, 2, 3, 4A, 48, and 16 shall have a minimum lot size of 5,000 sq. ft. Planning Areas 17 and 18 shall have a minimum lot size of 6,000 sq. ft. MEDIUM DENSITY - STANDARD (MI) - PLANNING AREAS NOS. 23 AND 24 The Medium (M) zoning district is intended to provide for the development of single-family homes on lots 4,000 minimum square feet. MEDIUM DENSITY - CLUSTERED (M2) - PLANNING AREAS NOS. 12,14,16, 22 AND 31 The Medium (M) zoning district is intended to provide for the development of clustered single-family development on minimum lot sizes of 3,000 sq. ft. Roripauah Ranch Spec Plan Amendment No. 2 54 SECTION VIII SPECIFIC PLAN ZONING ORDINANCE Tattle 5.2 Development Standards - Residential Districts Residential Development L L-E LM LM M1 M2 Standards 20,000 10,000 5,000 6,000 4,000 (Minimum Lot Size in Feet) Planning Area 19, 20,. 10 1A, 2, 3, 17 and 18 23 and 24 12, 14, 15, 21, 33A 4A, 4B 22 and 31 and 33R and 16 Minimum gross lot area (square 20,000 10,000 5,000 6,000 4,000 3,000 feet) 1 acre* Lots in PA 19, 20 and 21 that abut eastern and southern property boundary shall be a minimum of 1 acre. Thirty (30) foot fuel modification zone shall not be included in lot area. Lots along the western perimeter of PA 33A & 33B shall be a minimum of 1 acre. Dwelling units per net acre 1.2 du/ac 1.7 du/ac 5.2 du/ac 4.0 du/ac 6.1 du/ac 10.1 du/ac Minimum lot frontage at front 30 ft. 26 ft. 25 ft. 25 ft. 25 ft. NA property line Minimum lot frontage for a flag 25 ft. 20 ft. 20 ft. 20 ft. 20 ft. NA lot at front property line Minimum width at required front 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. NA and setback area Minimum lot width 60 ft.* 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. * The lot width for both 20,000 sq. ft. lots and 1 acre lots shall be substantially the same. Minimum lot depth 90 ft. 80 ft. 80 ft. 80 ft. 80 ft. NA Minimum front yard setback 25 ft. 20 ft. loft 10 ft. 10 ft. loft. - Front entry 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. - Side entry garages 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. - Lots abutting Murrieta Hot Springs between Pourroy Rd. and the MWD easement may be reduced by three (3) feet. Miamngn corner side yard se ac 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 16 ft. Note: Setbacks forstructures located adjacent to the Fuel Modification Zones shall be determined at the Tentative Map stage, based on the criteria provided by the City Fire and Planning Departments. Roripaugh Ranch Specific Plan Amendment No 2 5-7 SECTION VIII SPECIFIC PLAN ZONING ORDINANCE Residential Development L L-E LM LM M1 M2 Standards 20,000 10,000 5,000 6,000 (Standard) (Minimum Lot Size in Feet) 4,000 Planning Area 19, 20, 10 1, 2, 3, 4A, 17 and 18 23 and 24 12, 14, 15, 21, 33A aKd 33B 4B and 16 22 and 31 *Minimum interior side yard 10 ft. 10 ft. 5 ft. 5 ft. 5 ft. 3 ft. setback Minimum rear yard setback 20 ft. 20 ft. 20 ft. 20 ft. 15 ft. 15 ft. front - Setbacks for lots abutting 25 ft. loaded Planning Area 7A along the garage southern property line shall have a 25' minimum rear yard setback. - Lots abutting Multi -use trail in PA 19, 20 and 21. 50 ft. - - 5 ft. rear -Setbacksforlots abutting 50 ft. loaded Murrieta Hot Springs between garage Pourroy Rd. and the MWD easement maybe reduced by staff by three (3) feet. Minimum rear Yard Setbacks — Garages - Deep Recessed 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. - Rear Access 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Maximum height 2 stories, 2 stories, 2 stories, 2'/ 2 %, 2 35 feet 35 feet 35 feet stories, 35 stories, 35 stories, 35 feet feet feet Maximum percentage of lot 50% 50% 60% 60% 60% 60% coverage Minimum Garage Size (interior 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20' space) * Fireplaces may project not more than two (2) feet into the side yard setback provided the width of the fireplace does not exceed eight (8) feet in width. Note: Setbacks for structures located adjacent to the Fuel Modification Zones shall be determined at the Tentative Map stage, based on the criteria provided by the City Fire and Planning Departments, Roripaugh Ranch Specific Plan Amendment No 2 5-8 SECTION VIII SPECIFIC PLAN ZONING ORDINANCE 5.6 PARKS AND OPEN SPACE (Planning Areas Nos. 1 B, 5, 6, 7A, 7C, 8, 9A, 96,13, 27, 25, 26 and 30) 5.5.1 DESCRIPTION OF PARKS AND OPEN SPACE Parks (P) and Open Space (OS) zoning district is intended to promote a wide range of public and private recreational uses in the community. These uses include community facilities, golf courses, health clubs, public parks and recreation areas, sports parks, or other outdoor athletic facilities and similar outdoor commercial recreational uses. 5.5.2 USE REGULATIONS The list of land uses in the following table shall be permitted in one or more of the park and open space zoning district as indicated in the columns corresponding to each zoning district. Where indicated with a letter "P", the use shall be a permitted use. Where indicated with a "-", the use is prohibited within the zone. Where indicated with a letter "C', the use shall be conditionally permitted subject to approval of a conditional use permit. Table 5-5 Schedule of Permitted Uses - Parks and Recreational Uses Schedule of Uses P (Private) P (Public) OS, OSz OS3 Planning Area 1 B,30 5 and 6 and 27 S, 9A, 913, and 13, 7C, 25 and 26 Portions of 6 and 7A and 33B Agricultural Uses - Athletic Field P P Bicycle paths P P - P P Campground Caretakers quarters Cemeteries, mausoleums and related uses Game courts, badminton, tennis, racquetball P P Golf driving range not part of a golf course Golf course and clubhouse P P Government and public utility facilities C C P P Gymnasium P P. Microwave antenna/tower Nature centers/exhibits Nurseries Group Picnic Facilities P P Rori au h Ranch Specific Plan, Amendment No. 2 5-18 SECTION VIII SPECIFIC PLAN ZONING ORDINANCE Private parks and recreation facilities P P P P Parking areas P P Park and Ride Public parks and recreational facilities P P P P Recreational vehicle park Riding stable, public or private Shooting galleries, ranges, archery courses _ Single-family dwellings Tree Farms SECTION VIII SPECIFIC PLAN ZONING ORDINANCE 5.5.3 DEVELOPMENT STANDARDS In the Parks and Open Space districts development standards are as follows: Table 5-6 Development Standards - Parks and Open Space Standards Development Standards P OS Planning Area 16, 5, 6, 27 and 31 7A, 7C, 8, 9A, 96, 13, 25 aad 26 and 33B- Minimum lot size 10,000 sq. ft. - Maximum lot coverage 25% Maximum height 35 feet' Floor area ratio .1 Setback for parking areas and structures 25 feet - Minimum open space/landscaping 75% 100%2 1. Excludes light poles and communication facilities. 2. Design of Planning Area 33B subject to approval of Planning Director and Community Services Director. Rori au h Ranch Specific Plan, Amendment No. 2 5-20 LAND USE MITI GRAND TOTAL n City/County Boundary NAP r 93A CODE ACRES DENSITY UNITS B L 9. 9 t 94 r/ sous LE .1 8 44 ,L 121.5 4.] 946 Mi M2 5.8 122 122 M2 88.9 9.d 9A 837 15.4 NC 15.4 NP 5.. SP 9 MP .3 RC . Si,32.0 I 2.0 s o02.7 S2 OS2 37.7 053 23. 23.5 354 9.8 . 807.0 2.5 2,91$ ® Pedestrian Bridge 1 �^� Ronpau,(;114Ranch V '20 E 'E1=m3in. as wous Notes: ' A 15' wide multi -use bail Is III In Planning Areas 19, 20 and 21 adjacent to the property, boundary. ' Planning Areas 19 and 20 will have 1.0 acre minimum lots adjacent to the property, boundary and 20,000 sq. R. minlmum lots adjacent to the 1.0 acre lots, ' Planning Area 21 w0I have 1,5 acre minimum lots adjacent to the property boundary and 20.000 aq. ft. minlmum lots adjacent to the 1.8 acre lots. Planning Areas 14 through 19 shall be mapped together to ensure adequate and safe access. ' Planning Area 33A shall have 1 dare minimum lots adjacent to the westeln boundary and 112 acre lots everywhere else. ZM 2 y8y i Mr J2 2 a 6 ^`p W S ^^O CL 0 L A l 1& 1-0PiMn 1A 2 11.DAC 1W OV5 1BAAC a9DVS 1 LEoeuD LAND USE ..NO IOTAL �City I County Boundary r3 %AC 93DVg MWDMPF 6 / uec A IA g t0, Duou a s 5 I 4A aC 1 f IIeAC) lw.0 4B sc �DOgi w EJgc I 1190V& 7A CODE ACRES: DENSITY UNITS L 107.6 1..27 117 LM 194.8 4.8 939 M1 21.5 5.7 122 M2 88.9 9.4 837 NC 15.4 NP 5.1 SP 19.7 MP 3 RC 9.2 St, S2 32.0 PI 2.0 OS1 202.7 OS2 39.1 053 23.5 MA 9.8 807.0 2.5 2,015 ® Pedestrian Bdd9e Roripauc;h�IZanch l ll NAP 3m8 / 2gnC\ / M. 33AAS q1. //�/ 33A� 111 LAC =U$ I 3 /...� ost 9g&qt x1 I 19.9 qC (f0.0 AC) 12 .e I9AgC e iisaove r _ 17 U 16 uA If 1 w Rfl°AC i2i obis 1 n, 1A 15 I M9 / 1]Sc 1w AC wly p ll tstuouosxl tDusd.I I'll i A 29 A.Dnc 18 Y 27 1zoA u Dus zc6Pec 28 31 1 20YAC ]<.]u E.Ds 19 A 3oous ul _ ___.. osz 26 a ac 24 III 22 _ _ M1 23 m.eic' M. . c a2oOs / 25 ' Q wa ous OR I o 20 2lanus waAC II woos O c cv a V) c: cu J c co n. 4' Sr_ '✓�Id aacIt ®VI�.t1 RiJlaj)iiltbll `k 1A 2 11.0 C Id.1. n5 4M M �.RA HOCy IW..a 9a CVs I<8AC I 1br 0hC 4B 1C 13 AA vovs LE.P Open Spate Water OISMM Property and E.ua.a* Free Gass l Bike Lanes Omp� 19 Muldi TO wl In M, Fuel Modlitauen Zane (westside) Gass II BIXe Lanes BXmrsph. (1%Asp.lk MultlAse Trail) ® (balh sides) GWide BOB.Fig.na Surface Path Nature Walk eather surface ball) (See Fgure�1) Pedestrian Bridge ® Passer (S.FEn O3@ (See Figure4�37)Ards Pdaeo lCancepWel) EKI (See Figure 2r3 reArzss Point Ggure Gale (See (See Figure 4lgand d-01) 1�h� �Z)T2�F1U£ir�17t1(11 11 NC '54 AC "'IACI `w A®IM NAP 12 m.W 33B iieoucs 33A L 1Is AC sous — 14 15 / vs"ec I +uuC Q I�ssaolp9rs� +-Aus 16 u aa+AC 1 .sars 30 sc AAC 1zo9C �]G 28 31 AAC 20.OM II+CVe L 20 21 x daAA. bus pA Ac O. 17 4.2 C +2d.,a 'M 18 x La c Cc EL c 0 cc L A '= Reza act a Ron,paubla , IAND USE O GRANDTOTAL NAP 33B 033 CODE ACRES DENSITY UNITS L 107.6 1.27 117 LIA 191.8 4.8 939 i i xic Mt 21.5 5.7 122 tr ad) 9.4 837 it '33A NC 45.4 ; NP 5.1 s 'AN SP 19.3 .3 _ RC RC 9.2 51,I 32.0 2.0 OS1 202.7 OS2 .1 OS3 23 5 35..4 9.8 '20_"�': bf AC ..V9 Notes: A 15' wide mulllwse ball Is located in Running Areas 19. 20 and 21 adjacent to Me property bounce, ® 1 ' Nanning Areas 19, 20, 21, and 33A will have 1 acre minimum lots adjacent to the property boundary Roripaugh Ranch and 112 acre minimum let. adjacent to the 14a. loin. V"L�1 5.1 AC (1.7AC 11 1 NC n/ 1/ OS3) 15.4 AC (10.0 AC) A"STRE rl ° NAPw M2 16.4 AC m o 136DUS J OS3 053 - 2.3AC _ 33A L U AC 5 DU'S a 14 15 } M2 M2 13.5 AC 14.1 AC (3.6 AC OS2) %i_S 159 DU'S 154 16 LM 28AAC 145 DU'S E, - s aa�n 29 mxc Notes: Roads are for glusfrative puryoses only. Final alignment to be detarminetl at TenlaLve Mep sdga. Rwipugli 17 LM 40.2 AC 172 DU'S ^ / 18 LM , 15'Ma&Use Trdil S. Flgma 4-16 F j t\r Vleur Fence See Flgure2-i6 30' Fuel Modi6alon yq,:• Zane 4' High Spill Rag Fence 1 dowaslopeis graaterihan 3:1 Splg Rag Fancy c:1 Habitat- PA 9A, 9B and 13 6' High Habitat Fence ISre Flgure 244 arA 2-17) Project Wall (See Flgure 2.14 and 2.15) Vlew Fence (See Flgure Fence antl 2-16) Residential Habitat View Fence (See Flgure 2.14 aM 2-17) Temporary Habitat Fence (Sse Flgure 2d4 snd 2-17) Trail Fence (Sre Rq.2.14aM2-1>) Split Rall Fence (See Figure 2-14, 247 and 4.16) Fuel Modification Areas (San Figure 444A, 4a Sand 4MC) �� Card Key Gated Secondary Entry (Sea F9ure44,442Cgdaugh4.22E) fftPrimary Projecf Monumentalon (Sre Figure 4.1 and 4.17) Parkway Street Treatment (Son Figure 2-13,443D, 423E and 4.23F) Class I Bike Lanes (See Flgure 24, 443E, 421 F and 444) ®p Class II Bike Lanes (bulb sides) se Rge.427Surface Path DooDD 15'Mulli-Use Tral W/in 30' Fuel Modfication Zone (Sae Flgure443aM416) Nature Walk °Plateau° (5ce F figure 412 and 415A) ®Potential Access Point (See Fgure24I) ® Fire s AccesPoint(Sre Access a Paseo (See Rgure4a) Landscaped -PA 338 4B LM 22.3 AC 113 DU'S / .7 ACC r 7 of � n / A4 ac NAP 4F/ I Ij 33B OS3 / 2.3 AC l Ir / 111®®�NICOLAS / I *33A 11.8 AC 15 DU'S r �I PA 12 nox PA 12- SEDNM DENSITY ® 44U JLUS7EBEBCOURTYAFO r =R/ETq 4 -B.B DV&AC s HOT SPRINGS. ROA -136 ou5 ' ~ gee v ® v 0 .3,000 SO. R. MINIMUM LOT SIZE Q -i50AC.NEBTT 5 !�1 Rollpau'( hRalich 11U rip Do 6' High Habi at Fence NC ❑ (See Figure 2.14 and 2.17) 15.4 AC w Project Wall (10.0 AC) r� (See Flgure2.14ard2-05) lu View e Fe Fenc F Fm (See antl 2-16) �� Hablat View Fence (Bee Rqure244antl2-07) Temporary Habitat Fence 'A"STREET, q (Bee F9va2.14and2.17) X—X Tral Fence (See F79are2-04andM7) 4 Project Wall or View Fence ®Optional ($eBepandvean muds an san.."dka) Figure 214 rorau9h2.i6) 4 Split Rail Fence (Bee Figure 2 W, 2-Para 416) EilProperty Line Fence (See F4So2.14a,, 2A7) Card Key Gated Secondary Entry (Sea F)gure41,4 Crrd4-MD) Notes: Roads are for Olu,teadve purposes oNy. Flnal alignment to d Tentallve Mep stage. -A Attass onto °A•SUeel is for exit oNy. Street Is fo a 14 M2 13.5 AC (3.6 AC OS2) 154 DU'S N a � l co R C Primary Project Monumentation C (See Figure 4.1 and 4.17) atiti C F SR dge MonumentationMin Q_ I (See'19se 41, 420A and 4306) Parkway Street Treatment (See Figure 2.13, 4.23F.427.430A, 430E and 431) ©North and South Loop Road Treatment (See Rgore243and423) Class I Bike Lanes (See Faryre 24.4.23E, 4-MF and 444) Class Class II Bike Lanes stl1 6' Wide Soft Surface Path (Sea Mg. L27) Nature Walk "Plateau" (Sae F7gure 4-12 and 4-EA) Fuel Modification Areas fSse F(9ure 434A, "I3 end 434C) ®Potential Access Point (See Rga.M) ®Paseo Entry Gate (See Figure J37) ®Fire Access Point (Sas FIgne 23) —� Prison,E_� (See Fgore43a) IUFosM4nox PA 14- MEDIUM DENSITY ctuSTFnen COURTY xD .,.C. T.MINIM'MLOTBME eSs T motes: Roads are for IluslmWa, Purposes only.RnW allgnment to be delelmined at Tenladve Map she's, Planning Areas 141hrough 19 shall be mapped togelhw to unsure adequate and sale access. ® �i� I �vI1�Fatl�r�j�1'1T:�1 6' High Habitat Fence _H_ (See M%ha 2.14 and 2.171 Project Wall Eiei� (Sae Rgea2-14a d2.15) e ® View Fence (See Fe and 2-ifi) Residential l Habitat View Fence Eii� (See Figure Z14 and 2.17) Temporary Habitat Fence (See Flgure 214 and 2.17) ©Optional Project Wall or View Fence (depeMlre an sedIO Of Oahe abdbs) (See Flgure 2.140ron li 2.16) ®� Card Key Gated Secondary Entry %(Sea Rgure 43 and 4228) Primary Project Monumentation (Sea Flgure 42 and 417) Bridge Monumentation (See Flgure Q,, 4-M and 420B) Parkway Street Treatment Is" Fgure 2.13 and 424) ® North Loop Road Treatment (she ure Lop Road 28) Tr Class I Bike Lanes (Sre Flgure 2.4 and 424) Gass II Bike Lanes (both Was) 6' Wide Soft Surface Path (See Flgure 4-Tr) Fuel Modification Areas (see Flgure,l 4Aand4 C) ®Potenfial Access Point (See Mg.. 231 ®Paseo Entry Gate (See Mg.4.37) ®Fire Access Point (seaFgure23) —....--I Paged, �----� (Sce Flgure 430) �F r g luress moans are nor Dluslradve purposes only. Final alignment to be determined al Tantative Map stage, Roripauh �, Ranch INFDaµgTIDN PA 27-Community Spods Park .19.7 Nel an LEGEND 6' High Habitat Fence (See Flgure 2-14 and2dT) �q�ll Project Wall (See Figure 2.14& 2.16) View Fence (sea Flgure 2-04 & 2.16) Residential/ Habitat View Fence (See Figure 2-l4 and 2-17) X—X Trail Fence (Sea Flgue 2.14 and 2.17) ® Otional Project Wall or View Fence M;Z%a nNMa Noal¢eslualed (SFigure 2-04 dadugb 2.16) O Card Key Gated Secondary Entry Is. F9ure rid and 4.na) Pdmary Project Monumentagon (See Flgure 4.2 antl 4t ]) Bddge Monumentabon (Sea Flgure 4.2 antl 420E aid[4.20B) Parkway Street Treatment (SceFlgure2.13and4MC) ®North Loop Road Treatment (See Fl9nda M3aM4.2a) BClass I Bike Lanes Class uBike Lane) I Class I Bike Lanes (boas f (SewRp.42 Surface Path River Walk (12'Aspmll W11-Uae T211) (Sae Figure 4.13 and 414) Pedestrian Bridge (See Fgwe4d4) Fuel Modification Areas (See Flgwa 439q arA 434C) ®Potential Access Point (Sea Flgue 2J) ®Fire Access Print (sae Flgdde Access) ®Paseo Entry Gate (sea Fgwe437) School Entryry Gate (See Fgwe410 add4d1) r _I Paseo (See Fend 436) ti N C a) R VJ C a C C cc a PA 33A-LOW DENSITY -20.=S0. FT. MINIMUM LOTS -idgVSMC. Nolen: 150U'S ' Planning Areas 33A shad have 1 acre minimum lots adjacent to the westem boundary-11.BAC. and 112 acre Iota everywhere else. PA 338-OPEN SPACE Eil6' High Habitat Fence (Sre Figure 2.14 and 2-121 •���� Project Wall IS- Plane244 and 2.15) Vie View Fence Figure antl2-16) Residential l Habitat View Fence (See Fgure 2.14 and 2.17) Temporary Habitat Fence (See Fgure 2.14 and 2-q X—X Trail Fence (See Fgure 2.14 and 2.121 Protect Wallor View Fence ®Opdonal (d.pe Bann. a iecete (a Flgure2141M1rough 2.16) d1% Card Key Gated Secondary Entry ISee FgaaeQand4.22B,4.22Cend4.22a) PrimaryProject Monumentation (See Flgure48and4-02) OBridge Monumentatlon (See Figure 4204an4420B) WParkway Street Treatment (See Fgure 2.13, 4.23F and 4. ) FVSouth Loop Road Treatment (See Flgure2-13end43a) Class I Bike Lanes (See Flgu.24&4.23F) Class If Bike Lanes Ischsuas) 6' Wide Soft Path 2Surface OFuel Modification Areas ISea FOme 431A erd 434 C) Potential Amass Point (See Figm2.3) ® Access Fire Access Point (See Fgure 243) Paseo CM M M ! S ��mx W 3 Q CD L .L� r M CD C C Cu 0- HOA MAINTAINED PUBLIC WORKS MAIMAINED STREETS AN POA MAINTAINER HIM MAINTAINED I CONIMRWIIH POP Si 1. OPENSPACEH.ABITAT S[NOOt DISTRIRMA[NTAINEp TCSD MAINTAINED PARKS, MEDIANS, AND INFORMALSLOPELANpSGPE SCHOOL FRONTAGE ENW.NLER LANDSCAPE OIOA AASTALLED ANp MA3N1'AINED) ®Q NA KOEFESLOPEL9NO5CAFE FM IDOAMAU NIELMO).5E$ UR ZONES MD434SNTASNED), SEE H6URE 9.3gA 1ND439L QI STAFFED SAM PRIMARY ENTRY, SEE96URE54564.18B Q2 CARD MO'GATEDEECONDARYENIRY SEEFTGURE54.220,4.22D,4422E 03 PASEO,SEEFI URE4.38 QQ RIVER WALK SEEFIGUPE 4.14 PASEOENTRYGATE(CARDYEYED), SEEFIGURE4.37 © 30'WIDEfUEL MODIFICATION ZONE MULTI USE TRAIL, SEE FIGURE 4.16 MD4i4C Q NOT A PART(HAP) p8 RIO SWALE (D DETENTION 815IN QO PR03PRBOUNDARY II SCHOOLGATE Q PRIMARYMONUMENTATION BO BRINEMONUMENTATION (FI6URE4.W) OILLUSTRATES FIGURE NUMSER L LOWDEN AE51DENTLAL LM LOW MEDIUM RESIDENTIAL M MEDNMUENSITYRESIDENTIAL SP PUBLIC COMMUNITY SPORTS PARK SEE 16U1E4.3 RC PRIVATE RECREATION CENTER, SEE PISURE 4.5 53 PUBLICELEMM17AMYS OOL,SEE FIGURE 411 (FIGUI 52 PUBLTCM300LE SC300L. SEE FIGUFAUR FS FIRESTATION,5EEFIGURE4,188 051 HABITAT 052 FLOOD LO"M 053 LANDSCAPED ® `�� RbFilMydi Rwich S L `a m (c6 F C ^CD CL cu U cu J P ATEPA5EO5 AND RECREATION' PRIVATEaMll BIGCLELANE5'4 PUBLICCLA55I BICYCLE LANE 12' M MULTI-U5ETRAZ(HOAM AINE O MULTI -USE TRAIL(TCSD MAIN IDI _ PUBLICCLA553IBI ULANES.W1 - PUBLICCLESSIIBIaaEGNE10 W SOFT 5UIff PATH 6'Wt0E(TC5DB INFORMAL SLOPE LANDSCAPE (HOAM ® NSL NATURAL RFHAS=TATION AREA, SL fM FUELMOOIFICAIIONZONES p1 STAFFE06ATEDPRNURYENIRY (MURE54S64.188) p3 GADKEYGATEDSECONDARYENTRY (FIGURE 4.228,4.22C, A 4.22E) Q3 PASEO(MURE4.38) 04 AVER WALK 05 PRWECT BOUNDARY © A1ULII.USE TRAIL QI 6'WIDEPA1I QB ME DEPARTMENT6ATE Q PASEOENTRY6A1£(GRD kEYED) OFLORA) FLOOO DLONTRal6ATE II 5MOOLGATE a� MURENUMBER L LOWDENSITYRE5IDMTIAL LAI LOWMEDIUMRE5IDENAA M MEOWAIDENSITYRESIDENTGL SP COAVAUNMVORTSPARK RC RECREATIONCENTER SI PUBLIC ELEMENTARY SMOOL 52 PU8LICMIDDLESM00. FS FIRESTATION OEI HABITAT 052 FLOODCONTROL 053 LAND5CAPED NAP NOT APART fr ,Rmich COUNW OF RIVERSIDE A zg� C B c Y� F ALA)cn � a E a) `n U) cu L F Project Wall Flgure 2-15 (HOA Maintained) Planning Area 33A Residential 17' SaTT Sdewo Surface Path m' Parkway Parkway Tre Pistacia chinensis Chinese P"aTa,he 30' to 40' O.C. J 4' High Split Rail Fence St"Medianand Within right of way (ROW) all street$ and sidewalks are maint4mad by Public work and all landscaping is maintained by TC50. at PA 12 only Planning Area 12 Residential G 338 Open Space (No Project Wall at PA 338) Path I (TCSo Note: Refer to Landscape Material Guidelines (Section 4.8) for planting requirements for median islands, parkways, slopes and other landscaped areas. 2, tir1 1Roripau'qgh Ranch 1 V AGE ROAD TO a m i LLLCD M W CU U) M � M Ni r � a F E: Ct3 oa -0o Wm fn U f0 N V O za co a� FIGURE 4-46 KEY MAP NOT TO SCALE 12 / NAP M2 / 16.4 AC 33B (15.0 AC) / 0 S3 136 DU'S H2.3AC / O- A 5 / 33A 11.8AC ^ \ -15 DU'S 1 PLAN VIEW (H) NOT TO SCALE 40'RCWD ESMT 50' M WD ESM7;-T� 70 MWD RAN I I I I PLANNING AREA33A33B d-_ VIEW LINE : RURAL RESIDENTIAL _ EXISTING GRADE I I I\ CROSS SECTION (H) NOT TO SCALE In R T 0 S C A L E Roripa ugh Ralic 1 Ul. c0 N C$ (D2z U (u V) s ^C m W � of 2 O U N CA 0 �a. U EXHIBIT B DRAFT CONDITIONS OF APPROVAL C:\WINDOWS\apsdoc\nettemp\7916\$ASQ pdf794519. doc EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA05-0341, Specific Plan Amendment No. 2 Project Description: An Amendment to the Roripaugh Ranch Specific Plan to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B. DIF: TUMF: MSHCP: Approval Date: Expiration Date PLANNING DIVISION Per Devbpment Agreement Per Development Agreement Per Development Agreement February 14, 2006 February 14, 2008 Within Forty -Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty- four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty- eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory C:\WINDOWS\apsdoc\nettemp\7916\$ASQ pdf794519. doc agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Approval of this Specific Plan Amendment No. 2 is contingent upon and shall not become effective nor shall it vest until approved by the City Council and a Notice of Determination under the provisions of the California Environmental Quality Act (CEQA) are approved by the City Council. 4. Applicant shall submit electronic version of all revisions to Specific Plan. 5. Developer shall submit a Development Plan for the Park and Ride/Trail Head facilities in Planning Area 33B to the Planning Department, subject to review and approval by the Planning Commission. (Added by Planning Commission) Applicant's Signature Date Applicant's Printed Name C:\WINDOWS\apsdoc\nettemp\7916\$ASQ pdf794519. doc ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SECTION 4.1.6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHODS RELATIVE TO THE C ONSTRUCTION OF THE FIRE STATION IN TRACT 29363, LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN AREA, NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD, AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD (PLANNING APPLICATION PA06-0404) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Ashby USA LLC, filed Planning Application No. PA05-0404, Development Agreement Amendment for the property consisting of approximately 805 acres generally located near the future intersections of Nicholas Road and Butterfield Stage Road, and Murrieta Hot Springs Road and Butterfield Stage Road, generally known as the Roripaugh Ranch Specific Plan No. 11 ("Project'); B. The application for the Project was processed and an environmental review was conducted as required by law, including the California Environmental Quality Act; C. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 1, 2006 to consider the application for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-— recommending the City Council approve of a Development Agreement Amendment; E. On 2006 and 2006, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters; F. The development agreement amendment, is consistent with the goals and policies of the approved Roripaugh Ranch Specific Plan and Development Agreement, and the proposed development agreement amendment would further the City's long- term economic development goals; Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The City Council finds, determines and declares, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the First Amendment to the Development Agreement and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required under Sections 15161 and 15162 of the CEQA Guidelines and the Council directs the Director of Community Development to file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Approval. The City Council of the City of Temecula hereby approves that certain agreement entitled "First Amendment to Development Agreement between the City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan)" and authorizes the Mayor to execute the First Amendment in substantially the form attached as Exhibit A to this Ordinance. Section 4. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITYOFTEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of February, 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of February, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A RORIPAUGH RANCH FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC (RORIPAUGH RANCH SPECIFIC PLAN) This First Amendment to Development Agreement is made and entered into as of February 14, 2006, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), ASHBY USA, LLC, a California limited liability company, DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company, TANAMERA RORIPAUGH, LLC, a California limited liability company, and TANAMERA RORIPAUGH II, LLC, a California limited liability company, (collectively "OWNER") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties hereto agree as follows: 1. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: a. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Preannexation and Development Agreement's was 799862.5 12/21/05 approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside ("Development Agreement"). b. The real property which is subject to the Development Agreement and this First Amendment is generally known as the Roripaugh Ranch Project and is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full ("Property"). C. On October 21, 2004, the City and the Developer entered into that certain "First Operating Memorandum to the Recorded Development Agreement between the City of Temecula and Ashby USA (Roripaugh Ranch Project)" pursuant to Section 3.55 of the Development Agreement ("First Operating Memorandum"). The First Operating Memorandum was recorded as Document No. 2004-087441 in the Official Records of the County of Riverside on November 3, 2004. The First Operating Memorandum provides additional funding for the construction of the permanent fire station described in Section 4.1.6 which fire station is necessary to provide fire protection for the Project. Accordingly, an amendment to the Development Agreement is required in order to increase the number of homes that can be built during construction of the permanent fire station. d. On September 23, 2003, the CITY and Ashby USA LLC entered into that certain "Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29353-2 (Roripaugh Ranch Specific Plan)" ("Deferral Agreement"). The Deferral Agreement was recorded as Document No. 2003- 744646 in the Official Records of the County of Riverside on September 24, 2003. Said Deferral Agreement provides for the deferral of certain obligations with respect to the development of the Property. e. Portions of the Property have been sold to merchant builders who have taken their properties subject to the rights and obligations of the Development Agreement. The merchant builders are: DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company; TANAMERA RORIPAUGH, LLC, a California limited liability company, and TANAMERA/RORIPAUGH II, LLC, a California limited liability company ("Merchant Builders"). The Merchant Builders have by separate agreement, to which the CITY is not a party, designated Ashby USA LLC as the OWNERS' agent to complete the public improvements required by the Development Agreement and the Conditions of Approval of the Land Use Entitlements for the Project. OWNERS warrant and represent to the City that all persons have an ownership interest or other interest in the Property have executed it as a party or have signed the Consent and Subordinantion attached hereto and, further, no other persons are required to approve this First Amendment. f. Section 4.1.6 of the Development Agreement provides that only 107 building permits for residential units may be issued for Planning Areas 1A, 2, and 3 until the permanent fire station which will serve the Project ("Fire Station") is constructed but that the Fire Chief of the City of Temecula may, in his sole discretion, 799862.5 12/21/05 issue up to 250 total residential units on Planning Areas IA, 2, 3; 4A and 4B so long as the permanent fire station and the Secondary Access as defined in Attachment 5, are substantially under construction. g. The additional funding for the permanent fire station provided. in the First Operating Memorandum, has enabled the City to accelerate the construction of the permanent fire station. The Temecula Fire Chief has now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction of the permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions of Approval for the Project are fulfilled. The Fire Chief has further determined that no more than 515 units with the Project be served until such time as the "Secondary Access," as described in Attachment 5 to the Development Agreement and permanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road have been completed. h. It is the intent of the parties in entering into this First Amendment to the Development Agreement that the limitations on the schedule for issuance of building permits necessitated by the availability of fire protection be modified given the current construction of the permanent fire station and fire station access, but that other limitations on the issuance of building permits necessitated by other impacts remain in place as provided in the Development Agreement and the Conditions of Approval. i. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 1, 2006 and by Resolution No. 06- recommended to the City Council that this First Amendment be approved. j. On February 14, 2006, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Negative Declaration and the proposed First Amendment. Ordinance No. 06- introduced on February 14, 2006 and adopted on February 28, 2006 approved this First Amendment. 2. Section 4.1.6, Fire Service Improvements, of the Development Agreement is hereby amended to read as follows: 114.1.6 Fire Service Improvements. The following shall satisfy OWNER's obligations regarding this component. "a. Conveyance of Land. On or before the thirtieth (30`h) calendar day after the Annexation Date of this Agreement, OWNER accomplish the following: "l. Fee simple title shall be conveyed to CITY, free and clear of all liens and matters of record; "2. OWNER shall provide CITY a CLTA insurance policy insuring CITY's title to the Station Site in an amount equal to the fair market value of the Station Site. 7998625 12/21/05 "3. The parcel shall have not less than one and one-half (1.5) acre of flat land usable for development as a CITY fire station. In no event shall the site be in excess of three (3) gross acres. "4. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, the OWNER has conveyed the fire station property to the CITY as required by subsections a.I to a.3. "b. Gradin . Prior to the issuance of the first (1" ) building permit, OWNER shall rough grade the parcel. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has graded the Fire Station site. "c. Construction. Pursuant to Section 4.1.3.1 OWNER shall tender the sum of Two Million Dollars ($2,000,000.00) and CITY shall accept the money from OWNER for the purpose of CITY's design and construction of a fire station and acquisition of title to a fire truck of CITY's sole selection. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has transferred the $2 million to the CITY pursuant to this subsection. "d. Issuance of 515 Building Permits. 111. As of the date of the First Amendment to the Development Agreement: (1) OWNER has paid to the City the sum of $2 million pursuant to Section 4.1.5 c. of this Agreement; (2) OWNER has paid the additional sum of $1.1 million to the City for the construction of the permanent fire station pursuant to Section 1 of the First Operating Memorandum; (3) CITY has approved plans and specifications for the permanent fire station ("Fire Station"); (4) City has let a contract for construction of the permanent Fire Station; and (5) the permanent Fire Station is under construction. "2. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, up to a maximum of five hundred fifteen (515) residential building permits for Planning Areas 1A, 2, 3, 4A and 4B shall be issued upon a finding by the City Manager that: (1) the permanent fire station is substantially under construction; (2) permanent access to the Fire Station via Butterfield Stage Road and Murrieta Hot Springs Road is substantially under construction so as to be completed concurrent with the opening of the Fire Station; (3) Access to the Fire Station via Calle Chapos between the Fire Station's eastern most driveway and Walcott Lane will be completed concurrent with the opening of the Fire Station; and (4) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have 799862.5 12/21/05 been fulfilled. If the conditions described in clauses (1) and (4) of this subsection have been fulfilled, but the conditions described in clauses (2) and (3) of this subsection has not been fulfilled, then the City Manager shall not issue more than one hundred seven (107) building permits until such time as all conditions described in this subsection have been fulfilled. "3. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, no more than five hundred fifteen building permits for the Project shall be issued until such time as: (1) the Secondary Access, as defined in Attachment 5 to the Development Agreement is completed; (2) permanent access on Murrieta Hot Springs Road and Butterfield Stage Road to the Fire Station are complete; and (3) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. "e. Fire Station Construction Street Improvements. OWNER shall, subject to final review and Acceptance by CITY, construct the street improvements adjacent to the Fire Station in conformance with the conditions set forth in Attachment 5 to this Agreement and subject to the CITY's approved street improvement plans for the public street(s) which are immediately adjacent to the Fire Station. OWNER shall commence and complete the street improvements, including but not limited to, asphalt concrete travel lanes, concrete curb and gutter, sidewalk per Specific Plan and right-of-way landscaping as required by CITY. The improvements described in this Section shall be completed not less than thirty (30) calendar days prior to the date the CITY will place the Fire Station in full operation. Owner hereby grants a license to the City over or through its property adjacent to the Fire Station for the purposes of allowing access to the Fire Station for construction and operation of the Fire Station which license shall terminate upon the acceptance of the streets adjacent to the Fire Station into the City -maintained street system. City and Owner may fulfill the access requirement by entering into a separate license agreement with specific details of the rights and obligations of the parties. "f. DIF Component Release. Upon the funding of the public finance district or other financing mechanism and CITY's ability to utilize such monies for construction of a permanent fire station as described in Section 4.1.6, and the Acceptance of title to the site, then OWNER's further obligations to pay the Fire Component of the DIF will be credited by CITY, and CITY shall not impose restrictions on building permit issuance based upon nonpayment of the Fire Component of the DIF. "g. Limitation on Participation. The OWNER agrees to not participate in the design or construction of the Fire Station, even if it is funded by a public financing district. However, to ensure architectural compatibility with future development, CITY agrees to allow OWNER'S 799862.5 12/21/05 architect to coordinate with the architect hired by CITY for the sole purpose of providing input into the architectural themes of the exterior to the fire station." 3. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect. 4. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof, except for the First Operating Memorandum, the Deferral Agreement, and First Amendment to the Deferral Agreement are merged into this Agreement and shall be of no further force or effect. 5. This First Amendment shall not be effective and shall not be recorded until such time as each owner of the Property has duly executed this First Amendment to Development Agreement and all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed the Consent and Subordination attached hereto. 799862.5 12/21/05 6 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Ron Roberts Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 799862.5 12/21/05 1 7 ASHBY USA, LLC, a California limited liability company By: Ashby Development Co., Inc., its Managing Partner By: Justin K. Ashby President By: USA Investment Partners, LLC, a Nevada limited liability company, its member By: USA Commercial Mortgage Company, a Nevada corporation, its non -Member Manager. Joseph D. Milanowski President 799862.5 12/21/05 DAVIDSON RORIPAUGH RANCH 122, LLC Name: Title: Name: Title: 799862.5 12/21/05 9 TANAMERA RORIPAUGH, LLC, a California limited liability, company Name: Title: Name: Title: 799862.5 12/21/05 1 10 TANAMERA RORIPAUGH II, LLC, a California limited liability company Name: Title: Name: Title: 799862.5 12/21/05 11 LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT _ ("Lender") holds a security interest in a portion of the Property described in the First Amendment to Development Agreement set forth above between Ashby USA, LLC, a California limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City"). 2. Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the First Amendment to the Development Agreement. 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and ,the First Amendment to the Development Agreement and the and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the First Amendment to the Development Agreement and their recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the First Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: 799862.5 12/21/05 12 IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of February _, 2006. Lender: Name: Title: Name: Title: 799862.5 12/21/05 13 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 799862-5 12/21/05 14 RORIPAUGH RANCH PROJECT J Metes and Bounds description of the North one-half of the North one-half of Section 20 of VS, R2W1 S.B.M. Beginning at the Northeast corner of said Section 20, thence along the easterly line of said Section 20 South 0" 34' 31" W 1319.80 feet to the North Sixteenth comer thereof; Thence along the Southerly line of the North one-half of the North one-half of said Section 20 North U*36'41" West, a distance of 5229.85 feet to the North Sixteenth corner thereof; Thence along the West line of said Section 20 North 00°26' 13" West,.a distance of 1319.23 feet to the Northwest corner thereof; Thence along the Northerly line of said Section 20 South 88°37'05" East, a distance of 5233.02 feet to the Point of Beginning, containing an area of 158.45 acres, more or less. This description is for exhibit purposes only. The true legal description is: The North one-half of the North one-half of Section 20, Township 7 South, Range 2 West, San Bernardino Base and Meridian, County of Riverside, State of California, according to the Official Plat thereof. • I huraby certily, uneer the ponai[y. of perJerf rixi the above and foregoing Is a true and correct cop: of an original on deposit within the records of the City. of Temecula. In wllness whereof, I have - hereunto set my hand and affi ed t a seal of the City of Temecula this_Z4ay of paL, mjgaela A. Ballreich, Deputy City Clerk , RORIPAUGH RANCH PROJECT A Metes and Bounds description of Section 21 of T7S, R2W, S.B.M. Beginning at the Northeast corner of said Section 21, thence along the easterly line of said Section 21 South 00 59' 15" West 2664.97 feet to the East quarter section corner; thence continuing along said easterly line South 0° 21' 34" West 2636.07 feet to the Southeast corner of said Section 21; thence along the Southerly line of said section North 890 39' 13" West 5292.88 feet to the Southwest corner of said section; thence along the westerly line of said section North 00 33' 47" East 3809.86 feet to the North sixteenth corner of said section; thence continuing along said westerly line North 0134' 31" East 1319.80 feet to the Northwest section corner, thence along the northerly line of said section North 880 29' 3T' East 5296.39.feet to the Point of Beginning, containing an area of 632.2 acres, more or less. This description is for exhibit purposes only. The true legal description is: Section 21, Township 7 South, Range 2 West, San Bernardino Base and Meridian, County of Riverside, State of California, according to the Official Plat thereof. i RORIPAUGH RANCH PROJECT 3 Metes and Bounds description of a portion of Section 20 of 17S, R2W, S.B.M. Commencing at the North sixteenth comer of Section 20, Township 7 South, Range 2 West, San Bernardino Base and Meridian, being the Northeast comer of that certain parcel designated as "Not a Part" as shown by Parcel Map on file in Book f, of parcel Maps, Pages 44 through 46, thereof, Records of the County of Riverside, California; thence along the easterly line of said Section 20 South 0° 3347" W, a distance of 974,13 feet to the True Point of Beginning; Thence North 89°25'58" West, a distance of 929.81 feet more or less to the Easterly line of the land conveyed to the Metropolitan Water District of Southern California by deed recorded April 24, 1 %8 as instrument No. 37774. Official Records of said County; Thence along said Easterly line North 12032'09" Bast, a distance of 762.69 feet, Thence on a line parallel with the South line of said parcel designated as "Not a Part" South 89125'58" East, a distance of 771.65 feet to the True Point of Beginning, containing an area of 14.57 acres, more or less. This description is for exhibit n ±. I p rposes only. 1 hereby certify, under rho penally of ircr%u;y ;'• the above and foregoing is a true and correct uopJ °Ian °rl8ina1 on deposit within the -records of gla a of Temecula. in witness whereof, 1 have hereunto se! my hand and affixed rho seal of the City of Temecula this ay °I /�_ — Mic ela q. Ballrelch, Deputy C--ty Clerk gam' by: CC RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MODIFICATIONS TO THE TRANSPORTATION SECTION OF THE MITIGATION MONITORING PROGRAM APPROVED WITH THE RORIPAUGH RANCH SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (PLANNING APPLICATION NO. PA94- 0076) REGARDING THE RELOCATION OF THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B, GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD AND NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 17, 2002, the City Council of the City of Temecula adopted an approved Planning Application PA94-0076 (Environmental Impact Report), PA99- 0298 (General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230 (Tentative Tract Map 29353); B. On January 11, 2005, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan Amendment No. 1 (PA04-0371) to change Planning Area 713 from Open Space (OS) to Low Medium Residential (LM), Planning Area 10 from Low Density Residential (L) to Low -Estate Residential (L-E) , and make other changes to the Roripaugh Ranch Specific Plan; C. On November 9, 2005, Ashby USA, LLC, filed Planning Application No. PA04-0341, Specific Plan Amendment No. 2 to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ("Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines ("Project'); D. The Project results in changes to the Transportation Section of the Mitigation Monitoring Report prepared for the Roripaugh Ranch Specific Plan Environmental Impact Report regarding the location of the Park and Ride facility; E. The Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; F. The Planning Commission considered the Application on February 1, 2006, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; G. At the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; H. The City Council considered the Application on February 14, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; I. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application, approved a Notice of Determination after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended. Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The City Council finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the directs the Director of Community Development to file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Mitigation Monitoring Program. The City Council of the City of Temecula hereby adopts the revisions to the Roripaugh Ranch Specific Plan EIR Mitigation Monitoring Program, as set forth in Exhibit A. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITYOFTEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of February, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A REVISED MITIGATION MONITORING PROGRAM (TRANSPORTATION SECTION ITEM NO. 9 ONLY) EXHIBIT A REVISED TRANSPORTATION ITEM #9 OF THE RORIPAUGH RANCH SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING PROGRAM Prior to issuance of any residential building permit for Phases 2 or 3 PlaRRiRg AFeas o „ 17 14 31 33A of 3313, the developer shall provide and construct 50 designated Park-N-Ride spaces in Planning Area 44 33B. PLANNING COMMISSION STAFF REPORT DATED FEBRUARY 1, 2006 CITY OF TEMECULA PLANNING DEPARTMENT MEMORANDUM TO: Planning Commission FROM: Cheryl Kitzerow, Associate Planner DATE: February 1, 2006 SUBJECT: Planning Application No. PA06-0009, General Plan Amendment, Planning Application No. PA05-0341, Specific Plan Amendment No. 2 and PA05-0404, Development Agreement Amendment for Roripaugh Ranch PROJECT DESCRIPTION A proposed General Plan Amendment to amend the General Plan land use map to change the land use designation for Planning Area (PA) 33B (2.3 acres) of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS). A proposed Specific Plan Amendment (No. 2) to change the land use designation of Planning Area (PA) 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 (Butterfield Stage Road/Murrieta Hot Springs Road) to Planning Area 33B (Nicholas Road/Butterfield Stage Road). In addition, a proposed Development Agreement Amendment to Section 4.1.6, Fire Service Improvements, regarding required improvements and building permit timing thresholds relative to the completion of the Fire Station at Roripaugh Ranch. A modification to the Transportation Section of the Mitigation Monitoring Program adopted with the Roripaugh Ranch Environmental Impact Report is also required to identify the proposed location of the park and ride facility in Planning Area 33B. BACKGROUND On December 17, 2002, the City Council approved the Roripaugh Ranch Development Agreement. On September 23, 2003, the City and Ashby USA LLC entered into an "Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29353-2 ('Deferral Agreement')." The Deferral Agreement provides for the deferral of certain obligations with respect to the development of the Property. On June 28, 2005, the City and Ashby USA LLC entered into a "First Amendment to Agreement to Defer Completion on Conditions of Approval until After Recordation of Final Map for Tract No. 29353". This First Amendment to the Deferral Agreement specifically requires a Specific Plan Amendment to designate the appropriate land use for PA33B to accommodate park and ride and trail head uses. On October 21, 2004, the City and the Developer entered into a "First Operating Memorandum to the Recorded Development Agreement between the City of Temecula and Ashby USA." The First Operating Memorandum provides additional funding for the construction of the permanent fire station necessary to provide fire protection for the Project. The First Operating Memorandum requires thatthe City process an Amendment to the Development Agreement to revise Section 4.1.6 of the Development Agreement to change the thresholds required for issuance of building permits, under the Fire Chief's discretion, based on the status of the Roripaugh Fire Station construction and access to the Fire Station and Murrieta Springs Road. Accordingly, an amendment to the GAPlanningX20051PA05-0341 Roripaugh Park & Ride reloc - Specific Plan AmendO nningUem Roripaugh PC Staff Report.DOC 1 Development Agreement is required in order to increase the number of homes that can be built during construction of the permanent fire station. As required by the previously approved agreements, on November 9, 2005, Ashby USA LLC submitted a request to amend the Roripaugh Ranch Specific Plan to change the land use designation for Planning Area 33B from Residential to Open Space to accommodate the park and ride and trail head facilities. The amendment also includes relocating the park and ride facility from Planning Area 11 to Planning Area 33B (See Exhibit A of Attachment 2). In order to maintain consistency with the General Plan, Ashby USA LLC submitted a General Plan Amendment to amend the General Plan Land Use map to change the land use designation for PA 33B (see Exhibit A of Attachment 1). On December 28, 2005, Ashby USA LLC submitted a request to amend the Roripaugh Ranch Development Agreement to allow issuance of no more than 515 units within the Project during construction of the Fire Station, completion of "Secondary Access," as described in Attachment 5 to the Development Agreement and permanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road (see Exhibit A of Attachment 3). ANALYSIS Specific Plan Amendment, PA05-0341 The Specific Plan Amendment (SPA) would change the Specific Plan land use designation for PA 33B from Low Density Residential (L) to Open Space (OS). Planning Area 33B was never anticipated to be developed as part of the Roripaugh Ranch Specific Plan. Section 3.30 of the Specific Plan states that no residential dwelling units are permitted within PA 33B. Section 5.3.1 states that PA 33B shall not be developed as part of Roripaugh Ranch, but shall eventually be combined with the adjacent residential areas to the north. These sections will be revised with the proposed SPA. Designating Planning Area 33B as Open Space will accommodate the proposed park and ride and trail head facilities. These land use changes would not result in adverse impacts or more intense development than originally anticipated and analyzed with the approved Specific Plan. Planning Area 33B is 2.3 acres. In eliminating this acreage from the Low Density Residential acreage calculations for Planning Areas 33 A and B (14.1 acres to 11.8 acres), the proposed density of Planning Area 33A would increase from 1.06 dwelling units per acre (du/ac) to 1.27 dwelling units per acre. Although the density of this Planning Area would increase, the total anticipated units for PA 33B (15 total) and the overall Roripaugh Ranch Specific Plan unit count (2,015 total) and density calculation would remain unchanged. In addition, the proposed density of 1.27 du/ac is within the density range of 0.5 to 2.0 du/ac for the Low Density Residential category. As part of the Specific Plan Amendment, the park and ride facility is proposed to be relocated from Planning Area 11, located at the future extension of Murrieta Hot Springs Road and Butterfield Stage Road, to Planning Area 33B, located at future Nicholas Road and Butterfield Stage Road. The developer will also be required to construct a trail head in Planning Area 33B. The improvements on the 2.3 acres in PA 33B dedicated to the City would include a minimum of fifty (50) parking spaces for the park and ride facility, six (6) spaces for trailer parking, security lighting, passive recreation area with benches and tables, kiosk for interpretive information for the open space area, drinking fountains, water and staging area for equestrians, and landscaping. The previously approved Deferral Agreement Amendment allowed for improvements to be deferred in exchange forthe park and ride/trail head improvements, dedication of additional land for the Sports Park, and an additional community building at the Sports Park to be constructed by the developer. GdPlanning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\PlanningWem Roripaugh PC Staff ReportDOC 2 General Plan Amendment, PA06-0009 The General Plan Amendment would amend the City of Temecula General Plan Land Use Map to change the land use designation for Planning Area 33B in Roripaugh Ranch from Low Density Residential to Open Space. The proposed change would ensure land use consistency between the General Plan and the proposed Specific Plan Amendment. Development Agreement Amendment, PA05-0404 The existing Development Agreement authorizes up to 107 permits with the Fire Chief having determined that up to 250 units could be adequately served. The previously approved Operating Memorandum required the developerto provide an additional $1.1 million to expedite construction of the Fire Station in exchange for additional building permits. The Temecula Fire Chief has now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction of the permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions of Approval for the Project are fulfilled. The proposed First Amendment to the Development Agreement would allow for the issuance of up to a maximum of five hundred fifteen (515) residential building permits for Planning Areas 1A, 2, 3, 4A and 4B and shall be issued upon a finding by the City Manager that: (1) the permanent fire station is substantially under construction; (2) permanent access to the Fire Station via Butterfield Stage Road and Murrieta Hot Springs Road is substantially under construction so as to be completed concurrent with the opening of the Fire Station; (3) Access to the Fire Station via Calle Chapos between the Fire Station's eastern most driveway and Walcott Lane will be completed concurrent with the opening of the Fire Station; and (4) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. Mitigation Monitoring Program Item No. 9 of the Transportation Section of the approved Roripaugh Ranch Specific Plan EIR Mitigation Monitoring Program (MMP) requires the developer to construct 50 park and ride spaces in Planning Area 11 prior to the issuance of any building permits for Planning Areas 10, 11, 12,14-31, 33A or 33B. In order to maintain consistency with the proposed Specific Plan Amendment and previously approved First Amendment to the Deferral Agreement, staff is recommending a revision to this item. The proposed revision would indicate the location of the Park and Ride in Planning Area 33B; as well as change the timing threshold requiring the facility be constructed prior to issuance of any residential building permits in Phases 2 or 3 (see Exhibit A of Attachment 4). The mitigation measure was originally included to ensure the provision of a park and ride facility in Roripaugh Ranch. The proposed relocation of this facility and timing of construction does not adversely affect 'the environment and does not require additional environmental review. ENVIRONMENTAL DETERMINATION Staff has determined that the project is consistent with the previously adopted Environmental Impact Report for the Roripaugh Ranch Specific Plan certified on November 26, 2002. A Notice of Determination will be filed in accordance with CEQA Section 15162 - Subsequent EIRs and Negative Declarations. RECOMMENDATION Staff recommends that the Planning Commission recommend adoption of the attached Resolutions which recommend that the City Council approve of the General Plan Amendment, Specific Plan GAPLmnin0005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planuing\Tem Roripaugh PC Staff Report.DOC 3 Amendment No. 2, First Amendment to the Development Agreement and revisions to the Transportation Section of the Mitigation Monitoring Program. ATTACHMENTS 1. PC Resolution 06-_ — Blue Page 5 Exhibit A — Revised General Plan Land Use Map 2. PC Resolution 06-_ — Blue Page 6 Exhibit A — Draft Roripaugh Ranch Specific Plan Amendment No. 2 Exhibit B - Draft Conditions of Approval 3. PC Resolution 06-_— Blue Page 7 Exhibit A - Draft Roripaugh Ranch Development Agreement Amendment 4. PC Resolution 06-_ — Blue Page 8 Exhibit A— Revised Mitigation Monitoring Program (Transportation Section Item No. 9 only) 5. Draft CC Resolution 06-_ — Blue Page 9 6. Draft CC Ordinance 06-_ — Blue Page 10 7. Draft CC Ordinance 06-_ — Blue Page 11 8. Draft CC Resolution 06-_ — Blue Page 12 9. Roripaugh Ranch Specific Plan Area Reference Map — Blue Page 13 10. Applicant's Justification Letters — Blue Page 14 GAPlanning120051PA05-0341 Roripaugh Park & Ride reloc Specific Plan AmendlPlanningUem Roripaugh PC Staff Report.DOC 4 ATTACHMENT NO. 1 PC RESOLUTION 06- GENERAL PLAN AMENDMENT GAPlanniag\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\PlanningUem Roripaugh PC Staff Report.DOC . 5 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE FOLLOWING ITEMS ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS)", GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD (PA06-0009) (APN 964- 460-003) WHEREAS, On November 26, 2002, the City Council of the City of Temecula adopted and certified an Environmental Impact Report (PA94-0076), a General Plan Amendment (PA99-0298), the Roripaugh Ranch Specific Plan (PA94-0075), a Change of Zone (PA94-0075), a Development Agreement (PA99-0299) and Tentative Tract Maps 29661 (PA01-0253) and 29353 (PA01-0230); WHEREAS; on January 11, 2005, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan Amendment No. 1 (PA04-0371) to change Planning Area 713 from Open Space (OS) to Low Medium Residential (LM), Planning Area 10 from Low Density Residential. (L) to Low -Estate Residential (L-E) , and make other changes to the Roripaugh Ranch Specific Plan; WHEREAS, on November 9, 2005, Ashby USA, LLC, filed Planning Application No. PA05- 0341, Specific Plan Amendment No. 2 to change the Specific Plan land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 336; WHEREAS, Ashby USA, LLC, filed Planning Application No. PA06-0009, General Plan Amendment to amend the General Plan land use map to change the land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS) ('Project'); WHEREAS, the Application was processed including, but not limited to public notice; in the time and manner prescribed by State and local law, including the California Environmental Quality Act; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 1, 2006 to consider the application for the Project and environmental review, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitals are true and correct and are hereby incorporated by reference. GAP1ann1ng\2006\PA06-0009 Roripaugh Ranch PA33B - GPA\Planning\Tem PC Res Roripaugh Gen Plan Amendment.DOC t Section 2. Findings. That the Planning Commission, in recommending approval of the General Plan Amendment (PA06-0009), hereby finds the following: A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. B. The proposed amendment will not have a significant impact on the character of the surrounding area. Section 3. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Reportforthe Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The Planning Commission finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respecttothe circumstances underwhich the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations) be filed. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt the proposed Resolution approving the General Plan Amendment (PA06-0009) to amend the land use map to change the land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS), generally located near the future intersections of Nicholas Road and Butterfield Stage Road (APN 964-460-003), attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED bythe City of Temecula Planning Commission this 1 st day of February 2006. Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] G:\Planning\2006\PA06-0009 Roripaugh Ranch PA33B - GPA\Planning\Tem PC Res Roripaugh Gen Plan Amendment.DOC 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No.06-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February 2006, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G.,Tlanning\2006\PA06-0009 Roripaugh Ranch PA33B - GPA\Planning\Tem PC Res Roripaugh Gen Plan Amendment,DOC 3 EXHIBIT A REVISED GENERAL PLAN LAND USE MAP G:\Planning\2006\PA06-0009 Roripaugh Ranch PA33B - GPA\Planning\Tem PC Res Roripaugh Gen Plan Amendment.DOC. 4 | � z�� \2� »\\.. d |2 _ - - » !!, - ) / §!f§)■)}))\ ! )\.)! ®§\;;2/■�!»;l.! - _- x z0xw !:)�!>0 mi ATTACHMENT NO.2 PC RESOLUTION 06- SPECIFIC PLAN AMENDMENT G:\Pl=ing\2005\PA05-0341 Roripaugh Park & Ride reloe - Specific Plan Amend\Planning\Tem Roripaugh PC Staff Report.DOC 6 PC RESOLUTION NO.06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE FOLLOWING ITEMS ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN AMENDMENT NO. 2 (PA05-0341) TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS) TO ACCOMMODATE PARK AND RIDE AND TRAIL HEAD USES, AND TO RELOCATE THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN", GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD AND NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD" WHEREAS, On November 26, 2002, the City Council of the City of Temecula adopted and certified an Environmental Impact Report (PA94-0076), a General Plan Amendment (PA99-0298), the Roripaugh Ranch Specific Plan (PA94-0075), a Change of Zone (PA94-0075), a Development Agreement (PA99-0299) and Tentative Tract Maps 29661 (PA01-0253) and 29353 (PA01-0230); WHEREAS, on January 11, 2005, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan Amendment No. 1 (PA04-0371) to change Planning Area 7B from Open Space (OS) to Low Medium Residential (LM), Planning Area 10 from Low Density Residential (L) to Low -Estate Residential (L-E) , and make other changes to the Roripaugh Ranch Specific Plan: WHEREAS, Ashby USA, LLC, filed Planning Application No. PA06-0009, General Plan Amendment to change the General Plan land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS); WHEREAS, Ashby USA, LLC, filed Planning Application No. PA05-0341, Specific Plan Amendment No. 2 to change the Specific Plan land use designation for. Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ('Project"); WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 1, 2006 to consider the application for the Project and environmental review, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitals are true and correct and are hereby incorporated by reference. G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem PC Reso Roripaugh Spec Plan Amendment.DOC Section 2. Findings. That the Planning Commission, in recommending approval of the Specific Plan Amendment No. 2 (PA04-0341), hereby finds the following: A. The Specific Plan amendment is consistent with the general plan. Planning Application No. PA06-0009 is a General Plan Amendment to change the General Plan land use designation for Planning Area 33B of the Roripaugh Specific Plan from Low Density Residential (L) to Open Space (OS). The proposed Specific Plan Amendment to change the Specific Plan land use designation for Planning Area 33B would be consistent with the General Plan. The relocation of the park and ride facility from Planning Area 11 (commercial designation) to Planning Area 33B (proposed as open space) is consistent with the General Plan goals forproviding alternative transportation facilities, additional economic development opportunities and ensuring neighborhood compatibility. The park and ride facility relocation will allow for additional commercial land area within Planning Area 11 for development. The facility design will be reviewed to ensure it is compatible with adjacent residential uses. The Roripaugh Ranch Specific Plan includes specific requirements to be provided at the facility. The subject site in Planning Area 33B is physically suitable for the park and ride, and trail head uses that will be developed on the site. Section 3. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report forthe Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The Planning Commission finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives notfound feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EMS and Negative Declarations) be filed. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt the proposed Ordinance approving the Specific Plan Amendment (No. 2) (PA05-0341,) to the Roripaugh Ranch Specific Plan, attached hereto as Exhibit A, subject to the attached conditions of approval, attached hereto as Exhibit B. G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan. Amend\Planning\Tern PC Reso Roripaugh Spec Plan Amendment.DOC PASSED, APPROVED AND ADOPTED bythe City of Temecula Planning Commission this 1st day of February 2006. Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No.06-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February 2006, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES:. PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary GAP1ann1ng\2005\PA05-0341 Rodpaugh Park & Ride reloc - Specific Plan AmenciTlanningWem PC Reso Roripaugh Spec Plan Amendment.DOC EXHIBIT A RORIPAUGH RANCH SPECIFIC PLAN AMENDMENT NO.2 (PA05-0341) G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem PC Reso Roripaugh Spec Plan Amendment.DOC i JAN 2 4 2006 ft Planning Department Planning Commission Recommendation for Approval Date:10.30.02 City Council Approval Date: 11.26.02 Final Revisions Completed: 3.25.03 Amendment No.1 Approved by City Council:1.11.05 RORIPAUGH RANCH SPECIFIC PLAN AMENDMENT NO. 2 City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 tel. 951.694.6400 fax 951.694.1999 Prepared for: Ashby USA, LLC 470 E. Harrison Street Corona, CA 92879 tel.951.898.1692 fax 951.898.1693 Prepared by: Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92592 tel. 951.699.2338 fax 951.694.4474 January 20, 2006 h SECTION 1 INTRODUCTION TO AMENDMENT NO.2 DESCRIPTIVE SUMMARY OF CHANGES Section I Section 1 of the Specific Plan Amendment No. 2 contains the following modifications on revised pages 9 and 10, and Figure 1-3. 1.2.1 (Evaluate Opportunities for Open Space) — Corrected the open space acreage and inserted a reference to the park and ride facility. Section II Section 11 of the Specific Plan Amendment No. 2 contains the following modifications on revised pages 1, 2, 4, 6, 7, 20, 23, 24, 25, 52 and 53, and Figures 2-1, 2-2, 2-5c, and 2-11. 2.1.1 (Project Description — Valley Neighborhood) Language was added designating Planning Area 33B as the location of the Park and Ride and trail head facilities and adds a brief discussion of the park and ride under open space components. 2.1.2 (Residential Uses) - Corrected the acreage to reflect the designation of Planning Area 33B as Open Space. (Table 2-2) - Separated Planning Areas 33A and 33B. 2.1.3 (Land Use Project Development Standards) — Incorporated the park and ride into the project description, added total residential acreage, and removed Planning Area 33B from the list of residential areas. 2.2.6 (Phasing of Road Improvements) - Modified Item 9 to reflect the park and ride in Planning Area 33B. 2.2:7 (Alternative Transportation) - Textual changes were made designating Planning Area 33B as the location of the Park and Ride facility. 2.2.9 (Project Development Standards) Textual changes were made designating Planning Area 33B as the location of the Park and Ride facility and referencing the correct corresponding Figures. 2.8.1 Identified the park and ride as an open space component of the project and corrected the total open space acreage. Section III Section 111 of the Specific Plan Amendment No. 2 contains the following modifications on revised pages 33, 34, 95, 96, 97, 98, and Figure 3-28. 3.11.1 Descriptive Summary) Language was incorporated describing the Park and Ride facility and designating Planning Area 33B as its location. 3.11.3 (Planning Standards —Circulation Standards) Remove references to the park and ride facility. 3.30.1 (Descriptive Summary) -Adjust the acreage and remove references to Planning Area 33B. 3.30.3 (Planning Standards, Circulation Standards, Miscellaneous Standards) -Remove the discussion of the park and ride and Planning Area 33B. 3.31. Create a new Section containing the provisions for Planning Area 338 and the park and ride facility. Rodpaugh Ranch Specific Plan, Amendment No. 2 S-1 SECTION 1 INTRODUCTION TO AMENDMENT NO.2 Section IV Section IV of the Specific Plan Amendment No. 2 contains the following modification. 4.13.10 Modify Figure 4-90 to remove the park and ride from the commercial center. Section V Section V of the Specific Plan Amendment No. 2 contains the following modifications on revised pages .1, 4, 7, 8, 18, 19, and 20. 5.1 Remove Planning Area 33B from Low Density and describe Planning Area 33B as a park and ride under #3, Parks and Open Space discussion. 5.3.1 (Description of Residential Districts — Low Density Residential) Planning Area 33B was deleted from this section. 5.3.3 (Development Standards) - Remove Planning Area 33B from the list of Low Density Planning Areas. 5.5 Add Planning Area 33B to the list of Open Space Planning Areas. 5.5.2 (Use Regulations) - Add Planning Area 33B to the list of Planning Areas for the Open Space 2 district. Add "Park and Ride" to the schedule of uses. Designate `Park and Ride" as a permitted use in the Open Space 3 District. 5.5.3 (Development Standards) - Add Planning Area 33B under the list of Planning Areas subject to the OS requirements. inserted the language to require Planning and Community Services approval of development in Planning Area 33B as directed. Roripauch Ranch Specific Plan Amendment No. 2 - S-2 GENERAL PLAN CONSISTENCY Goal 6. "Develop Temecula as a comprehensive, recognizable tourist destination, with a range of attractions throughout and beyond the Sphere of Influence." Not applicable. 1.1.11 General Plan Consistency Based on this analysis, the proposed project is consistent with the goals, policies, and objectives of the City of Temecula General Plan. 1.2 GROWTH MANAGEMENT STRATEGIES AND ACTION PLAN 1.2.1 Growth Management Strategies and Action Plan On March 21, 2000, the City Council adopted a Growth Management Program Action Plan (GMPAP) to plan for and accommodate future growth in the City. The GMPAP identifies a number of actions to be taken by the City that do not directly affect the proposed Rodpaugh Ranch Specific Plan, such as Inter -Agency Coordination (Section 1). The following analysis demonstrates that the proposed project is consistent with applicable GMPAP sections and measures. Inter-Aoencv Coordination This section applies to City activities and is not project specific. Redirect Urban Development to Urban Areas The project is not totally consistent with this directive of the plan, but the property has been designated for suburban density developmentfor manyyears, and is being developed at a level that is almost 20 percent less dense that is allowed. It will also complete the Eastern Bypass Corridor which will help form an urban development limit for the City. Cluster Densities related to Specific Plans According to the General Plan, the project site is designated for a Specific Plan with an overall density of 3.0 units per gross acre (GP Figure 1-3). The proposed project has a net residential density of 4.26 units per acre, but actually has a gross density of 2.56 units per acre that uses clustering to preserve over 200 acres of biological habitat. Higher density single family residential uses (i.e., 5,000 square foot lots) are proposed in the Plateau area but separated by setbacks and landscaped buffering from the top of the slope and views from Nicolas Valley. Higher density housing is also located in the central porlion of the Valley area east of Butterfield Stage Road, while lower density uses are located around the periphery of the site, adjacent to rural uses to the east and south. In these ways, the proposed project provides appropriate clustering within the Specific Plan, and thus is consistent with this requirement of the GMPAP. Evaluate Opportunitie§ for Open Space Approximately a third (263 265 acres or 33 percent) of the proposed project is reserved for open space, including 202.7 acres for the AD 161 Sub -Regional. Habitat Conservation Plan recently approved by Riverside County and the U.S. Fish and Wildlife Service. The project is therefore consistent with this requirement of the GMPAP. Goal B of this section addresses the City's Development Review Process and directs the Planning Commission to "consider approving residential projects at the lowest allowable density in each density category." It further states the Commission may "consider approving a project above the lowest density if the project provides onsite or community amenities." The project amenities include: a community park; a neighborhood park; 3 private recreational facilities; trails; open space consistent with the AD 161 SHCP; provision of major onsite and offsite public improvements and region -serving Roripaugh Ranch Specific Plan, Amendment No. 2 1-9 GENERAL PLAN CONSISTENCY roads (i.e., Mumeta Hot Springs Road and Butterfield Stage Road); flood control facilities; anew fire station; a park and ride facility, an elementary school site and a middle school site. Preserve Open Space The first recommended goal in this section is to "acquire vital open space and resource areas." The project as proposed does contain significant open space and habitat resources, which have been incorporated into the recently approved Assessment District 161 Sub -Regional Habitat Conservation Plan. The large permanent open space of the project fulfills this requirement The second action item is to "condition Specific Plans to preserve a significant amount of open space." The proposed Roripaugh Ranch plan includes 202.7 acres of land for biological habitat mainly for the California gnatcatcher and Quino checkerspot butterfly. The majority of the proposed open space land is adjacent to the Johnson Ranch open space lands to be included in the Assessment District (AD)161 Sub -Regional Habitat Conservation Plan (SHCP) recently approved by the County and the U.S. Fish and Wildlife Service. The proposed project therefore meets this requirement of the GMPAP. The third action item is to "maintain large parcel sizes in rural areas. Parcel sizes should increase the greater the distance from urban core areas. Encourage down zoning and parcel merging to maintain large rural lot sizes." The proposed Roripaugh Ranch plan also calls for suburban densities and lot sizes in the Plateau area consistent with development to the west along Murrieta Hot Springs Road and larger lots adjacent to the rural areas to the south and east. In these ways, the proposed project is consistent with this requirement of the GMPAP. The remaining action items address funding mechanisms for preserving open space, such as tax advantages or state bond funds, and conducting a study to identify the amount and cost of open space land remaining in the City. Traffic Circulation System Improvements The GMPAP addresses traffic circulation system improvements, and the first goal is to "ensure that infrastructure is constructed ahead of new development," while the third goal is to "continue to condition new development to ensure that infrastructure is constructed in conjunction with development impacts." The Roripaugh Ranch Specific Plan identifies a variety of improvements needed for overall growth in the project area as well as specific improvements needed to serve the proposed project The project EIR and traffic study identified the timing and fair share contributions required for specific intersection and roadway improvements. In this way, the proposed project is consistent with this requirement of the GMPAP. Other action items under this goal are for the City to implement the Capital Improvement Program (CIP) and to work with other agencies regarding the timing and funding of improvements. Maximize Existing Transportation Network Efficiency This section mainly addresses City programs and.responsibilities regarding public transit that are not directly related to the Roripaugh Ranch project. However, the project will make the following contributions to improve circulation:1) Planning Area 33B will include 50 designated park and ride spaces; 2) the project will make a 3-year contribution to the RTA for a shuttle program for project residents; and 3) provide other transit -related features deemed appropriate by the City during the design review phase of development. in this way, the projectwill be consistent with this requirement of the GMPAP. Roripaugh Ranch Specrfie Plan, Amendment No, 2 1-10 SPECIFIC PLAN COMPONENTS 2.1 COMPREHENSIVE LAND USE PLAN The intent of the Land Use Plan component of this Specific Plan is to describe the general type; location, distribution and intensity of the land uses proposed for Roripaugh Ranch. The primary objective is to establish the specific type and intensity of land uses permitted within the Roripaugh Ranch, as well as their relationship to land uses on adjoining properties, both existing and proposed. 2.1.1 Project Description The proposed Land Use Plan for Roripaugh Ranch provides for a residential community with a maximum of 2,015 residential dwelling units, resulting in an overall density of 2.6 units per gross acre, which is less than the 3.0 dwelling units per gross acre density permitted under the Temecula General Plan. Additionally, the plan proposes supportive land uses including schools, parks, private recreation centers, neighborhood commercial and open space. The Land Use Plan, as depicted in Figures 2-1 and 2-2, identifies the proposed land uses and development patterns for the community. The project site is comprised of three distinct neighborhood areas: A) the'Plateau" Neighborhood; B) the "Valley" Neighborhood; and, C) the "Habitat" Neighborhood (see Figure 2-2A). The three neighborhoods are discussed below. Plateau Neighborhood (See Figure 2-2A and 4-1) This neighborhood is generally located west of Butterfield Stage Road and includes Planning Areas 1A through 6, 10, 11 and 12. This area is elevated well above the existing rural residential development in Nicolas Valley, and is roughly at grade with the future Rancho Bella Vista development to the north. Murrieta Hot Springs Road will provide the primary access to the Plateau Neighborhood. The Plateau Neighborhood will include 665 single family residential units on approximately 148.3 acres with a density of 4.5 du/ac. This area will include 11 Low Density residential lots with a minimum lot size of 20,000 square feet (Planning Area 10), 509 Low Medium Density residential lots with a minimum lot size of 5,000 square feet (Planning Areas 1A, 2, 3, 4A and 4B) and 145 clustered Medium Density residential lots with a minimum lot size of 3,000 square feet (Planning Area 12). in addition, this neighborhood will include a 0.3-acre private mini -park (Planning Area 18), a 4.8 acre private recreation center (Planning Area 5) and a 5.1 acre neighborhood park (Planning Area 6). Planning Areas 1 through 5 will be gated. Planning Areas 10 and 12 are planned to be gated using a card key. Residential lots within the Plateau area that are within 175 feet of the southern property line and are visible from homes along the north side of Nicolas Road, shall either have additional rear yard building setback or additional landscaping to help screen the residential units from Nicolas Valley. Valley Neighborhood (See Figure 2-2A and 4-2) This neighborhood is generally located east of Butterfield Stage Road adjacent to "North Loop Road" and "South Loop Road" and includes Planning Areas 14 through 24 and Planning Areas 27 through 33B. The Valley Neighborhood will include 1,350 single family residential units on approximately 349.8 acres with a density of 3.9 du/ac. This area will include 97 Low Density residential lots with a minimum lot size of 20,000 square feet (Planning Areas 19, 20, 21 and 33A ands), 430 Low Medium Density residential lots with a minimum lot size of 6,000 square feet (Planning Areas 17 and 18) and 5,000 square feet (Planning Area 16), 122 Medium Density lots designated as Medium Density (Standard), with a minimum lot size of 4,000 square feet (Planning Areas 23 and 24) and 701 Medium Density (Clustered - maximum of 20% can be zero lot line), with a minimum lot size of 3,000 square feet (Planning Areas 14,15, 22 and 31). In addition, this portion of the project will include a 19.7 acre active Community Sports Park (Planning Area 27), 4.0 acre Recreation Center (Planning Area 30), a 20.0 acre middle school site (Planning Area 28), a 12.0 acre elementary school site (Planning Area 29), a 2.3 acre 50-space park and ridettrailhead facility (Planning Area 33B), and a 2.0 acre fire station site (Planning Area 32). Roripaugh Ranch Specific Plan Amendment No. 2 2-1 r SECTION V SPECIFIC PLAN COMPONENTS OVERVIEW Section V of the Specific Plan Amendment Addendum contains modifications to Table 2-1 (Residential Land Uses by Land Use Designations, Table 2-2 (Proposed Land Uses by Planning Areas (PA), and Section 2.10 (Walls and Fences Master Plan) based on changes to Planning Areas 1A, 7B, 10, 12 and 27. In addition, a footnote has been added to Table 2-2, which indicates the specific Planning Areas where single -story elevations will be required. Single -story elevations will be required in Planning Areas in which the minimum lot sizes are 5,000 square feet and larger. These Planning Areas are: 10, 16, 17, 18, 19, 20, 21, 33A & 33B. All other Planning. Areas will not contain minimum lot sizes that are conducive for single -story elevations. 2.1.2 Project Land Uses Residential Uses (See Figure 2-1) The project proposes a maximum of 2,015 residential dwelling units on a variety of lot sizes, ranging from 3,000 square feet to one acre in size. The following table is a breakdown of the residential component of the project: Table 2-1 Residential Land Uses by Land Use Designations Land Use Planning Acres Dwelling Density Percentage Designation Areas Units Low 19, 20, 21, 9" 97 0.9 4.8 Residential 33A and 335 101.8 (L) L Esia DeZ��E) 10 8.1 14 1.7 0.7 Low Medium 1A, 2, 3, 4A, 196.8 945 4.8 46.8 Res. (LM) 4B, 16, 17 and 18 Medium 23 and.24 21.5 '122 5.7 6.1 Residential (M1) fStandaFdi 'Medium 12, 14, 15, 88.9 837 9.4 41.6 Residential 22 and 31 (M2) (Standard and - Clustered) Project Total 414.8 2,015 4.9 100 408.2 `A maximum of 20% cluster housing can be zero lot line as illustrated in Figures 4-78 and 4- 81. i 22 'Roripau h Ranch Specific Plan Amendment No 2 ----- --- SPECIFIC PLAN COMPONENTS A .3 acre Mini -Park (See Figures 2-1, 3-1 and 4-9), is planned adjacent to Planning Areas 1A and 2 in the Plateau Neighborhood. This will be a private recreation facility serving the residents of Roripaugh Ranch. Park and RideITrailhead Planning Area 338 will contain a 50 space park and ride facility as well as a trailhead facility that connects to the project trails network. The design of the park and ride and trailhead facilities will be approved by the Directors of Planning and Community Services. Paseo and Trail Systems The Public Parks and Private Recreation Centers are linked at the planning area level by a series of paseos or walking paths. Nature Walk "Plateau" (See Figures 2-11, 4-12 and 4-15A) The Nature Walk will be located within the landscaped slope area of Planning Area 7A adjacent to Planning Areas 1A through 4B. This walk will link each planning area to the Neighborhood Park in Planning Area 6. The walk will not be lighted. River Walk (See Figures 2-11, 4-13 and 4-14) The River Walk is located on the north and south side of the Long Valley Wash Flood Control Channel (Planning Areas 25 and 26). The River Walk will be linked to the community sports park, middle school, elementary school, and Mega Center by a pedestrian bridge that crosses the channel, and a series of planning area level paseos. If the Riverside County Flood Control District determines that the River Walk can not be located within the channel right-of-way, then the trail will be relocated outside of the channel. Separate walks shall be designed and shown on the tentative tract map ("W map only), for review and approval located outside the flood control right-of-way. The walk will not be lighted. Multi -Use Trail (See Figures 2-11, 4-13 and 4-16) The Multi -Use Trail runs along the southern and eastern boundary of the project from the Fire Station site at Butterfield Stage Road (Planning Area 32) to the connection point with the UCR Property within Planning Areas 19, 20, and 21. The trail can be used by horses, bicycles, or hikers. This trail will not be lighted. Future Trail (See Figure 2-11) A Future Trail is proposed on the MWD waterline easement, adjacent to Planning Areas 33A 8 3313, 48, 6, 7A, 8 and 9A. This trail is not being constructed as a part of this project. �q; IT-7r The project plan includes a 12.0 acre elementary school site (Planning Area 29) and a 20.0 acre middle school site (Planning Area 28) for the Temecula Valley Unified School District (TVUSD). The school sites are depicted in Figures 2-1, 3-23, 3-24, 4-10 and 4-11. One or both of the proposed school sites can be converted to residential uses provided that all the following are met: 1) approval of a Specific Plan Amendment is obtained from the City for conversion from Education (Schools) Designation to Low Medium Residential Designation; 2) the school district has indicated in writing that they are no longer interested in using Planning areas 28 or29 as school sites; and 3) the total number of residential units for the entire project does not exceed 2,015. Roripaugh Ranch Specific Plan, Amendment No, 2 2-4 r SPECIFIC.PLAN COMPONENTS i Table 2-2 (Continued) Proposed Land Uses by Planning Areas (PA) Land Use (Density) Acres Density Min. Lot Size (sf) Units 25 Open Space/Flood 8.2 N/A N/A N/A Control 26 Open Space/Flood 22.1 N/A N/A N/A Control 27 Sports Park 21.1 N/A N/A N/A 28, Middle School - 20.0 N/A N/A N/A 29 Elementary School 12.0 30 Recreation Center 4.0 N/A N/A N/A (private) 31 Residential - Medium 2 24-.6 9.1 3,000 224 (Clustered) 32 Public Institutional (Fire 2.0 N/A N/A N/A Station) 33 Residential — Low(PA 11.8 44 20,000 15 AI 33A) 1.27 & Residential— Low (PA - gg 0 3M 33 Open Space 2.3 NIA NIA _ N/A B Public/Private Roads 45.2 N/A N/A - N/A TOTAL 804.7 2.5 2,015 Planning Areas where single -story elevations will be required. Single -story elevations will be required in Planning Areas in which the minimum lot sizes are 5,000 square feet and larger. 2.1.3 Land Use Project Development Standards In order to ensure the orderly and sensitive development of the residential, commercial and recreational uses proposed for the Roripaugh Ranch Specific Plan, special techniques or mitigations have been created for each Planning Area. These area -specific standards; discussed in detail in Section 3.0, Planning Areas and Development Standards, will assist in accommodating the proposed development and provide adequate transitions to neighboring land uses. In addition to these specific techniques, project -wide development standards have also been prepared to complement those applicable to each individual Planning Area. These general standards are: 1. The Roripaugh Ranch Specific Plan shall be developed with a maximum of 2,015 dwelling units on approximately 804.7 acres, as illustrated on the land Use Plan (Figure 2-1). Residential uses include 1,169 single-family units and 846 clustered single-family residential units (maximum of 20% can be zero lot line - 169 units). 410.5 acres, are projected for. residential use, 15.4 acres of neighborhood commercial uses, 32.0 acres for two school sites (elementary and middle school), 8.8 acres for two private recreation centers, 24.8 acres for two public park sites, a 0.3 acre private mini -park, a 2.3 acre park and ride and trailhead, a 2.0 acre fire station site, 39.1 acres for flood control purposes, 202.7 acres of open space and 21.2 acres of landscape slope. Roripaugh Ranch Specific Plan Amendment No. 2 2-6 SPECIFIC PLAN COMPONENTS 2. A written request for density transfer shall be submitted to the Planning Department for review and approval that meets the following criteria: a. Transfer of dwelling units may occur between planning areas, provided that the transfer does not exceed the maximum density for each planning area as established in the General Plan. Transfer of units shall not be allowed into Planning Areas 10, 19, 20, 21 and 33A and 338. Regardless of any unit transfers, the overall number of units allowed in the Roripaugh Ranch Specific Plan for each land use category shall not exceed the project overall total of 2,015 dwelling units or the General Plan land use density designation as follows: Low Density — 2.0 du./ac. _ Low Medium — 6.0 du./ac. Medium —12.0 du./ac. b. Any proposed transfer of density will require a revised land use plan submitted to the City for approval c. Any transfer of density to a non-residential planning area shall only be permitted with approval of a Specific Plan Amendment. d. Transfer of density except as provided herein shall not increase the number of units within a Planning Area by more than 20% of the number of units as shown in the Specific Plan Land Use Plan. 3. As a part of the proposed project, the unincorporated portion of the site (Valley Neighborhood), will need to be annexed into the City of Temecula according to the Countys Local Agency Formation Commission (LAFCO) requirements. 4. Prior to recordation of any final map in Planning Areas 1 through 5, the developerwill provide the Airport Operator with avigation easements for all the parcels in Planning Areas 1 through 5 and send a copy of that proof to the Community Development Department. 5. Prior to recordation of any final map in Planning Areas 1 through 5, the developer shall provide the Community Development Department with proof that avigation easements have been obtained for all the lots in Planning Areas 1 through 5. 6. Prior to recordation of any final maps in Planning Areas 1 through 5, the developer shall demonstrate to the Community Development Department that buyer information contains a statement regarding avigation easements. This information shall be provided either in the White Report or supplementary information with an affidavit of disclosure provided by the developer. 7. One or both of the proposed school sites can be converted to residential use provided that all the following are met: 1) approval of a Specific Plan Amendment is obtained from the City for conversion from Educational Designation to Low Medium Residential Designation; 2) the school district has indicated in writing that they are no longer interested in using Planning Areas 28 or 29 as school sites; and 3) the total number of units for the entire project does not exceed 2,015 units. B. Uses and development standards will be in accordance with the Roripaugh Ranch Specific Plan Zoning Ordinance, the City of Temecula Development Code, and all TCSD standards and will be further defined by Specific Plan objectives, the Specific Plan design guidelines, and future detailed development proposals including subdivisions, development plan and conditional use permits. If the Specific Plan is silent on any issue relating to uses and development standards, the City's current codes shall be enforced. Roripaugh Ranch Specific Plan, Amendment No. 2 2_7 SPECIFIC PLAN COMPONENTS Revised DEIR In general, the supplemental traffic studies will: 1) document ambient traffic volume conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general, the study area should include the immediate access intersections -and roadways which would serve the new development phase, and those critical offsite intersections and roadways that will provide primary access to the new development. Critical intersections/roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion at the time the traffic study is to be performed. The traffic study findings would assist the City in proactively planning for area roadway improvements. Phase 1 (prior to issuance of 154 building permit in Planning Areas 1A-4B, 6, and 32) 1. 1-15 Freeway (southbound ramps) at Rancho California Road - southbound left turn lane, west bound free right -turn lane, eastbound free righttum lane, and southbound free right turn lane. 2. 1-215 Freeway (southbound ramps) at Murrieta Hot Springs Road - southbound left - turn lane, southbound right -turn lane, eastbound through lane, eastbound right -turn lane, westbound through lane, and westbound free right -turn lane 3. Ynez Road at Winchester Road - southbound right-tum overlap 4. Ynez Road at Rancho California Road - eastbound through lane 5. North General Kearny Road at Nicolas Road - traffic signal. 6. Butterfield Stage Road at Rancho California Road - traffic signal 7. Murrieta Hot Springs Road at Alta Murrieta(in the City of Murrieta) - lane improvements (as .yet undetermined). The developer shall provide the City of Temecula with a letter from the City of Murrieta stating that a fair share contribution to identified improvements at this intersection has been made. Phase 2 (prior to issuance of 1� building permit in Planning Areas 10 -12, 14 - 24, 27 - 31, and 33A and 338) 1. 1-15 Freeway (southbound ramps) at Winchester Road - southbound left tum lane, southbound right -turn lane, and eastbound right -turn lane, westbound through lane, eastbound through lane, and eastbound free right-tum lane. 2. Traffic signal and related intersection improvements, as warranted, at the intersection of La Serena Way and Meadows Parkway. 3. 1-15 Freeway (northbound ramps) at Winchester Road - northbound left -turn lane,northbound free right -turn lane, westbound through lane, and westbound free right -turn lane 4. 1-15 Freeway (southbound ramps) at Rancho California Road - southbound left -turn lane, southbound, eastbound, and westbound free right -turn lanes 5. I-15 Freeway (northbound ramps) at Rancho California Road - northbound left -turn and right -turn lanes Roripauch Ranch Specific Plan Amendment No. 2 2-20 SPECIFIC PLAN COMPONENTS The following transportation system management/transportafion demand management (TSM/TDM) measures are proposed to help reduce project -related traffic impacts: 8. Prior to the approval of development plans for Planning Area 11, the developer shall provide pedestrian and bicycle facilities in these areas, to the satisfaction of the City Planning Department. 9. The developer is required to provide 50 Park-N-Ride spaces in Planning Area 44 33B. 10. 11. facility is required to be con building permit in Phases . Aper:ma;e:t-The provided prior to the issuance of the first residential any eesusarivi .mils .4tNn on,... ina Area 11. The -,AdPF rnAmIA-efien. The designs ofbeththe subject to approval of RTA and the Direct Prior to the issuance of the first building permit in Phase 2; the developer shall fund the operation of a shuttle bus services to and from the project. The developer shall pay the RTA to operate the shuttle bus service for a period of 3 years for project residents, but may be expanded to serve areas outside of the project on a fair share contribution basis. This measure shall be implemented to the satisfaction of the Planning Director and the RTA. Prior to tentative tract map approval in each phase, the developer shall coordinate with the RTA to incorporate transit -related facilities and design features to the satisfaction of the City Public Works Department. 12. In conjunction with constructing Nicolas Road offsite in Phase 1, the developer shall install a 6-foot wide temporary asphalt path so residents along Nicolas Road can access the public facilities in the project east of Butterfield Stage Road (e.g., sports park, middle school, etc.). This path shall be built to the satisfaction of the Temecula Community Services Department and Public Works Department at the time adjacent improvements are installed. The asphalt path shall be extended from 450 feet east of the Nicolas Road/Calle Girasol intersection to the bridge over Santa Gertrudis Creek during Phase 2. 13. Prior to the issuance of the grading permits and building permits, the developer shall provide the City with a letter stating that all contractors will be prohibited from using Nicolas Road for construction related traffic. 14. Prior to tentative map approval for Planning Area 19, the 15-foot wide multi -use trail within a 30-foot fuel modification zone shall be designated to be screened from offsite homes on an as needed basis. Screening shall be accomplished through the use of either landscaping or topography, to the greatest extent feasible. However, the primary goal of this trail is to provide access to the trail from adjacent onsite and offsite lots. 15. Prior to the issuance of building permits in the appropriate phase, the developer shall make a fair share contribution to four planned intersection improvements along Murdeta Hot Springs Road within the City of Murrieta: 1) 1-215 southbound ramps; 2) Alta Murrieta Drive; 3) Margarita Road; and 4) Winchester Road. 2.2.7 Alternative Transportation A park and ride site is proposed within the Roripaugh Ranch project site. as illustrated In Figure 4 90m The facility -will be located in the Planning Area 33B and will include 50 designated parking spaces. Direct access shall be provided to the facility acceptable to the Riverside Transit Agency (RTA) and the City. Appropriate lighting will also be incorporated into the facility to ensure safety and promote usage. A trailhead for the trail network will also be integrated into the facility. Roripauah Ranch Specific Plan Amendment No. 2 - 2-23 SPECIFIC PLAN COMPONENTS In addition, the developer will also provide RTA stops at Murrieta Hot Springs Road and Pourroy Road, near at the park and ride f8eility in Planning Area 11 and at "North Loop Road" in front of the middle school. Additional stops or modifications to these stops may be approved by the Planning Director after consultation with the RTA. All bus shelters will be designed so they are consistent with the design theme of the project. 2.2.8 Pedestrian/Bicycle Circulation The Specific Plan provides for both pedestrian and bicycle circulation for residents as well as project visitors (see Figure 2-5C, 2-5D, 2-11, 4-12, 4-13 and 4-14). The circulation within the project site has been separated into two systems. This includes the Private Trail System and the Public Trail Systems. All trails within,the project site, with the exception of the future trail proposed within the MWD property will be constructed by the developer. Private Trail System (See Figures 2-11, 4-12, 4-13 and 4-14) A River Walk will be located along both sides of Long Valley Wash between Butterfield Stage Road and the Loop Roads as illustrated in Figure 4-13. This walk will be fully improved with all weather surface and fencing, and will service the private use of the Roripaugh Ranch residents. If the Riverside Flood Control District determines that the River Walk cannot be located within the channel right-of-way, then the walk will be relocated outside of the channel. Separate walks shall be designed and shown on the "B" tentative tract map in the Valley for review and approval located outside the flood control right-of-way. In addition, a pedestrian bridge is proposed within Planning Area 26 as illustrated in Figure 2-11, and Figure 4-14, that will connect Planning Areas 22 through 24 to the sports park (Planning Area 27 and the two school sites (Planning Areas 28 and 29). A Class II (5' wide) bicycle lane is planned along both sides of North and South Loop Road within the private areas. These lanes will link to the public Class II bicycle lanes within the public portion of the Loop Roads. The bicycle lanes within North and South Loop Roads will provide a secondary transportation system linking the public parks and schools to the private parks and neighborhoods. Planning areas will be linked to one another by a paseos system. These paseos will create access through the planning areas to the private and public parks, project trails, schools and neighborhood commercial center within the project site, by encouraging walking or bicycling to reduce the demand for internal automobile trips. A "Nature Walk" is located within Planning Area 7A as illustrated in Figure 4-12 and 4-15A. The walk will be 10' wide with an all weather surface and provide an internal pedestrian link between the planning areas within the "Plateau" area connecting to the Neighborhood Park (Planning Area 6). Public Trail System (See Figures 2-11, 4-12, 4-13 and 4-16) A multi -use trail system compliments the private multi -use trail system planned for Roripaugh Ranch. Class II bicycle lanes are planned along both sides of "North Loop Road", "South Loop Road" Butterfield Stage Road, Murrieta Hot Springs Road and both "A" and 'B" Streets as illustrated in Figure 4-23A through 4-31. In addition, a Class I bicycle lane will be located along the west side of Butterfield Stage Road between Nicolas Road and Murrieta Hot -Springs Road. A 15' wide multi -use trail is planned along the southern and eastern boundaries of the project site adjacent to Planning Areas 19, 20. 21, and 32 as illustrated in Figure 2-11, 4-13 and 4-16. The trail will be accessible to the residents within these planning areas as well as the general public. A home owners association within Roripaugh Ranch will maintain the trail. Roripaugh Ranch Specific Plan, Amendment No. 2 SPECIFIC PLAN COMPONENTS 2.2.9 Project Development Standards 1. All tentative tract maps shall comply with the on -site and off -site street improvement recommendabons/mitigabons as stated in the Specific Plan and Mitigation Monitoring Program. The mitigation measures will be Incorporated as conditions of approval for the tentative tract maps. The off -site improvements associated with each tentative tract map shall be coordinated with the overall road improvement -phasing plan. 2. Major roadways, including Murrieta Hot Springs Road, Butterfield Stage Road, Nicolas Road, "North Loop Road" and "South Loop Road", shall have restricted access except at approved street intersections to provide better flow of traffic. Driveway locations to commercial, office, and residential areas, shall be,approved at the development plan stage. 3. All public roads and private roads as shown in this document shall be constructed per City of Temecula standards and approved street cross sections in the Roripaugh Ranch Specific Plan. 4. Street parkways shall be landscaped in accordance with the recommendations for street landscaping as approved in this document and TCSD standards. 5. Developer shall construct a safe and efficient sidewalk, bicycle path, and multi -use trail network. 6. Sidewalks and bicycle lanes shall be provided on all major streets including Murrieta Hot Springs Road, Butterfield Stage Road, Nicolas Road, "A" Street, "B" Street, "North Loop Road" and "South Loop Road". Sidewalks shall also be included on public and private streets with the exception of the east side of Butterfield Stage Road adjacent to Planning Areas 13 and 14. In addition, multi -use trails and bridges shall be provided as identified in this document to improve the overall circulation. 7. A park and ride facility shall be provided in Planning Area44 33B as illustrated in Figures 9 3-28-aa4-440. This facility shall include 50 designated parking spaces. Direct access shall be provided to the facility acceptable to the Riverside Transit Agency. Appropriate lighting shall be incorporated into the facility to ensure safety and promote usage. 8. Bus turnouts and shelters shall be provided as required by the Riverside Transit Authority (RTA) and approved by the Department of Public Works. All shelters shall be consistentwith the design theme of the project. 9. Bus/Pedestrian shelters and turnouts shall be installed concurrently with street improvements. 10. The developer shall provide RTA stops at Murrieta Hot Springs Road and Pourroy Road, at the park and ride facility in Planning Area41.33B and at "North Loop Road" in front of the middle school. Additional stops or modifications to these stops may be approved by the Planning Director after consultation with the RTA. 11. Road and traffic signal improvements shall be installed or contributed to on a fair share basis in accordance with the phasing as stated in Section 2.2.6 of the Specific Plan. 12. The project shall comply with all subsequent conditions and requirements for road design, improvements, and right-of-way dedication imposed by the City of Temecula. 13. The developer shall comply with the City's Development Impact Fee requirement 14. Efficient, safe vehicular and pedestrian connections shall be provided to both school sites acceptable to the school district and the City. Roripaugh Ranch Spec Plan, Amendment No. 2 2-25 SPECIFIC PLAN COMPONENTS 2.8 OPEN SPACE AND RECREATIONAL MASTER PLAN 2.8.1 Project Description A total of 24.8 acres of improved public parkland, 202.7 acres of open space, 39.1 acres of flood control, 2.3 acres of park and ridettrallhead, and 21.2 acres of landscape slope will be provided in Roripaugh Ranch. These 287.8 290.1 acres of parkland and open space represents approximately 36% of the total project acreage. The design of the project will preserve significant features of the natural landscape, such as drainage ways and important habitats, and requires provisions for active and passive recreational opportunities. The need for a comprehensive approach to parks and open space planning is essential as the increasing demand for urban development continues. The Open Space and Recreation Master Plan is shown on Figure 2-11. The Area Wide Open Space Concept Plan is shown on Figure 2-12. Public Parks (See Figures 2-1, 2-11, 3-6, 3-22, 4-3 and 4-4) The project includes two public parks encompassing a total of 24.8 acres to provide recreational opportunities for the project residents. The Valley neighborhood area (see Figure 2-2A), includes a 19.7 acre community sports park site (Planning Area 27). This park will include lighted balifields just west of and adjacent to the middle school site (Planning Area 28). This location will allow the sports park and the school to take full advantage of joint use programs and facilities. A smaller Neighborhood Park (Planning Area 6), is proposed on 5.1 acres east of the Plateau area and the MWD property just south of Murrieta Hot Springs Road. The City policy allows "full parkland dedication credit" for these public recreation facilities. Private Recreation (See Figures 2-1, 2-11, 3-1, 3-5, 3-25, 45 through 4-9) The project includes 9.1 acres of private recreation sites. This entails a 4.0 acre site (Planning Area 30), east of the elementary school site (Planning Area 29), a 4.8 acre site in the Plateau area (Planning Area 5), and a 0.3 acre Mini -Park (Planning Area 1 B). The City Subdivision Ordinance only allows up to "half credit' for private recreation facilities, so the project may receive Quimby credit for 4.55 acres of parkland. Proiect Parkland Requirements The projects anticipated buildout population is 5,743 residents based on the City's recommended household factor 2.85 persons per household. The City also has a Quimby Act parkland requirement of five (5) acres of parkland per thousand residents. Therefore, the project is required to provide 28.7 acres of parkland (5,743 residents times 5.0 acres/1,000 residents). The Temecula Community Services Department (TCSD) has indicated that the project will only receive "Quimby" credit for the two public parks (24.8 acres), plus an additional 4.55 acres for the private parkland (half credit for 9.1 acres). Thus, the project will provide the equivalent of 29.35 acres of parkland (24.8 + 4.55). The project therefore exceeds its Quimby parkland requirement of 28.7 acres of parkland by .65 acres. The conceptual design of f the proposed park facilities are depicted in Section 4.0 of this Specific Plan. Roripaugh Ranch will provide 24.8 acres of dedicated public parkland. In return for providing fully improved parks, Roripaugh Ranch may receive credits against the park and recreation component of the City's Development Impact Fees pursuant to a Development Agreement or Park Improvement Agreement. Roripaugh Ranch Specific Plan, Amendment No. 2 - 2.52 SPECIFIC PLAN COMPONENTS Open Space (See Figures 2-1, 2-11, 2-12 and 3-7A, 3-7B and 3-7C) The Open Space component of Roripaugh Ranch has been designed to complement the area -wide open space/habitat conservation program established within the Johnson Ranch and Rancho Bella Vista Specific Plan areas. Approximately 263 266 acres, or 33% of the project acreage are reserved as open space, flood control purposes and landscape slopes. The resulting open space will provide visual relief as well as buffer the various land uses both on -and off -site. This open space preserves ecologically significant environments such as riparian vegetation, natural drainage and seasonal wetlands. As depicted in Figure 2-11, Open Space areas are preserved throughout the project. Figure 2-12, depicts the projects proposed open space as it relates to off -site open space areas. Open Space in Planning Areas 7A, 8, 9A, 9B and 13, will include limited grading or disturbance with the exception of fuel modification adjacent to residential development as illustrated in Figures 4-34A, 4-34B and 4-34C and for road and flood control purposes. Open Space in Planning Area 13 may include limited grading to allow for drainage and revegetation. The habitat in Planning Area 13 will eventually be owned by the appropriate habitat maintenance agency, and a fuel modification zone, including an access road, will be constructed to separate the habitat (Planning Area 13) from residential uses. This area will also have specific guidelines for landscaping, lighting, fencing, fuel modification, and trails at the time it is transferred to the appropriate habitat maintenance agency. The Open Space areas within Roripaugh Ranch are intended to maintain the land in as natural state as possible, without intrusion from recreational or other uses and subject to approval by the California Department of Fish & Game and U.S. Department of Fish &Wildlife. Minimal, naturalized improvements will be made to implement proposed fuel modification. No buildings or other structures are permitted within this designation to preserve the quality of the natural habitat areas, Trails.(Pedestrian/Bicycle/Multi-Use) (See Figures 2-11, 4-12, 4-13, 4-14, 4-15A and 4-16) The entire Roripaugh Ranch community will be connected by a series of sidewalks, paseos and bike lanes which will offer non -vehicular access to other educational, commercial and recreational facilities within the Specific Plan area and (eventually) to adjacent development. A multi -use trail is proposed along the southern and eastern boundaries of the Valley area. This trail will allow equestrians to continue riding their horses along the rolling hills between the Temecula wine country and the Johnson Ranch open space/habitat preserve area. A future trail is also proposed along the MWD easement, just west of Planning Areas 6, 33B, and 33A (from north to south) which will not be constructed as part of this project Sidewalks and Class II bikeways are included in all the project major streets, including Murrieta Hot Springs Road, Butterfield Stage Road, Nicolas Road, "A" Street, "B" Street, "North Loop Road", and "South Loop Road" (see Figures 2-3 and 2-51)). In addition, a 12-foot Class I bicycle trail will be constructed along the west side of Butterfield Stage Road from Murrieta Hot Springs Road to Nicolas Road. A 12-foot wide asphalt path will be maintained along both sides of Long Valley Wash, and a pedestrian bridge will be installed about 2,000 feet east of Butterfield Stage Road to provide residents living south of the channel access to the community park, the private recreation center, middle school, and elementary school. The surrounding tracts will be designed with landscaped paseos as non - vehicular access points to the 12-foot wide asphalt path and the pedestrian bridge that crosses over Long Valley Wash. Park and RldeITraiihead Planning Area 33B will contain a 50 space park and ride facility as well as a trailhead facility that connects to the project trail network. The design of the park and ride and trailhead facilities will be approved by the Directors of Planning and Community Services. Roripaugh Ranch Specific Plan, Amendment No, 2 2-53 PLANNING AREAS AND DEVELOPMENT STANDARDS 3.11 PLANNING AREA 11 3.11.1 Descriptive Summary Planning Area 11 as depicted on Figures 3-9 and 4-90, provides for development of 15.4 acres of Neighborhood Commercial uses. Commercial uses within the planning area shall not exceed 110,000 square feet. The Neighborhood Commercial use is intended to provide for a wide variety of different types of land uses. One unique character with this planning area is pedestrian open spaces which will be placed within the planning area that offer places for resting, sitting areas, and other opportunities. Sidewalks will be placed adjacent to storefronts and wide enough to encourage browsing, stopping to talk or to walk through. 3.11.2 Land Use and Development Standards Please refer to Section 5.0, Specific Plan Zoning Ordinance. 3.11.3 Planning Standards Circulation Standards Access to the planning area will be provided from Murrieta Hot Springs Road, Butterfield Stage Road and "A" Street. Potential access points as depicted, are conceptual. Access points into the planning area off of Mumeta Hot Springs Road and °A" Street shall be located a minimum of 200 feet from Butterfield Stage Road. The access off of "A" Street shall be located directly across from T" Street. Offset intersections shall not be permitted. The exact location and number of access points for this planning area shall be subject to review and approval by the City at the tentative tract map stage. Access points shall be designed and located to provide adequate and safe access from a traffic and fire safety standpoint. 4- 2. Pedestrian connectivity shall be provided between the neighborhood commercial center and the surrounding area as illustrated in Figure 3-9, 4-12 and 4-13. Rodpaugh Ranch Specific Plan, Amendment No. 2 3-33 PLANNING AREAS AND DEVELOPMENT STANDARDS Landscape and Recreation Standards 6.3. A Parkway Landscape Treatment, as illustrated in the Landscape Master Plan Figures 2-13, 4-26A and 4-26B shall be provided along Murrieta Hot Springs Road. 6.4. A Parkway Landscape Treatment, as illustrated in the Landscape Master Plan Figures 2- 13 and 4-23E shall be provided along Butterfield Stage Road. 5. A Parkway Landscape Treatment, as illustrated in the Landscape Master Plan Figures 2-13, 4-30A and 4-30B shall be provided along "A° Street. ✓ -. 6. Commercial buildings adjacentto "A" Street shall have enhanced landscaping acceptable to the City that is incorporated along the rear of buildings to screen views from Planning Areas 6 and 12. 0.7. Eating establishments along Butterfield Stage Road and along the eastern portion of "A" Street are strongly encouraged to have outdoor seating areas that are oriented to take advantage of views looking to the southeast and east. Miscellaneous Standards 40.8. Parking shall not be located along Munieta Hot Springs Road, Butterfield Stage Road and "A" Street. 44-. 9. Tower elements shall be incorporated into the design of the neighborhood commercial center buildings so that future telecommunication facilities can be incorporated into the tower design. The developer shall contact telecommunication companies prior to the submittal of a Development Plan to inquire about the intent of locating telecommunication facilities within the towers. 4-2.10. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and Standards that apply site -wide. 2.1 Comprehensive Land Use Plan 2.7 Phasing Plan -Public and Private 2.2 Circulation Master Plan Facilities 2.3 Drainage Master Plan 2.8 Open Space Recreation and 2.4 Water Master Plan Trails Master Plan 2.5 Sewer Master Plan 2.9 Landscape Master Plan 2.6 Grading Master Plan 2.10 Walls and Fences Master Plan 43.11. Please see Section 4.0 (Design Guidelines) for criteria related to the development of Planning Area 11. . Timing and Responsibility of Improvements 44.12. Please see Section 6.0 (Timing and Responsibility of Improvements) for phasing of improvements within Planning Area 11. Roripaugh Ranch Specific Plan, Amendment No. 2 3.34 PLANNING AREAS AND DEVELOPMENT STANDARDS 3.30 PLANNING AREAS 33A ands 3.30.1 Descriptive Summary Planning Areas 33A-and-33R, as depicted on Figure 3-28, provides for development of 44.411.8 acres with Low Density Residential use. This area is planned for 15 single family residential dwelling units at a density of 4:061.27 du/ac. This Low Density Residential use has been planned for this area in an effort to buffer the existing Low Density Residential uses adjacent to Roripaugh Ranch. Lots will range in size from .5 acre to one acre in lot size. Entrance into Planning Areas 33A ands -will be off of Nicolas Road. Dwelling units aFe AGt pemiftted in Planning Area 33B. One acre lots shall be located along the western perimeter to provide a buffer between the off -site properties and .5 acre lots Will be located elsewhere in the planning area. 3.30.2 Land Use and Development Standards Please refer to Speck Plan Zoning Ordinance, Section 5.0. 3.30.3 Planning Standards Circulation Standards 2. 3. Access to the planning area will be provided from Nicolas Road. Potential access points, as depicted are conceptual. The exact location and number of access points for this planning area shall be subject to review and approval by the City at the tentative tract map stage. Access points shall be designed and located to provide adequate and safe access through adjacent planning areas from a traffic and fire safety standpoint. The access into Planning Area 33A shall be located directly across from 'B° Street as illustrated in Figure 3-26-28. usage. [ bus project. Landscape and Recreation Standards 3.6. A Card Key Gated Secondary Entry, as illustrated in Figures 3-28, 4-2 and 4-22C, shall be provided off of Nicolas Road into Planning Area 33A. 4.-G. An Auto and Pedestrian Gated Entry, as illustrated in Figure 4-20C, shall be provided behind the Card Key Gated Secondary Entry. Rodpaugh Ranch Spec Plan, Amendment No. 2 3-95 PLANNING AREAS AND DEVELOPMENT STANDARDS 6. T. A Parkway Street Treatment, as illustrated in Figures 2-3 and 4-27, shall be provided adjacent to Planning Areas 33A and 33B. 68. A Primary Project Monumentation, as illustrated in Figures 3-28, 4-2 and 4-17, will be provided at the intersection of Butterfield Stage Road and Nicolas Road. Walls and Fences Standards 7.-g- A Project Wall, as illustrated in the Walls and Fences Master Plan (Figures 2-14 and 2-15), shall be located along the perimeters of the planning area. An optional View Fence may be substituted for the Project Wall depending upon the results of a noise study. Miscellaneous Standards 8.40: No transfer of dwelling units shall be allowed in Planning Area 33A 9. 41- Please refer to Section 2.1 through Section 2.10 for the following Development Plans and Standards that apply site -wide. 2.1 Comprehensive Land Use Plan 22 Circulation Master Plan 2.3 Drainage Master Plan 2.4 Water Master Plan 2.5 Sewer Master Plan 2.6 Grading Master Plan 2.7 Phasing Plan -Public and Private Facilities 2.8 Open Space Recreation and Trails Master Plan 2.9 Landscape Master Plan 2.10 Walls and Fences Master Plan 10.42 Please see Section 4.0 (Design Guidelines) for criteria related to the development of Planning Area 33A and 3312. 11.43 Planning Area 33A and B shall have a minimum one acre lots along the western boundary and minimum .5 acre lots elsewhere. Timing and Responsibility of Improvements 12.44. Please see Exhibit A (Timing and Responsibility of Improvements) for phasing of improvements within Planning Areas 33A ARd 33B. , Roripaugh Ranch Specific Plan, Amendment No.2 3-96 PLANNING AREAS AND DEVELOPMENT STANDARDS 3.31 ' PLANNING AREA 33B 3.31.1 Descriptive Summary Planning Area 336, as depicted on Figure 3-28, provides for development of 2.3 acres with a park and ride facility and trailhead. This area is planned for a 50-apace park and ride facility combined with a trail head for the community trail network. No residential units are allowed in this area. 3.31.2 Land Use and Development Standards Please refer to Specific Plan Zoning Ordinance, Section 5.0. 3.31.3 Planning Standards Circulation Standards Access to the planning area will be provided from Nicolas Road. Potential access points, as depicted, are conceptual. The exact location and number of access points for this planning area shall be subject to review and approval by the City. 2. A park and ride facility is planned within Planning Area 336 as illustrated in Figure 3- 28. This facility will include 50 designated park and ride spaces. The design of the facility shall be approved by the Riverside Transit Agency (RTA) and the City of Temecula prior to any construction. This facility shall be constructed prior to the issuance of any residential building permits in Phases 2 or 3. Appropriate lighting shall be incorporated into the facility to ensure safety and promote usage. 3. All bus shelters shall be designed so they are consistent with the design theme of the project. Landscape and Recreation Standards 4. A Parkway Street Treatment, as illustrated in Figures 23 and 4-27, shall be provided adjacent to Planning Area 33B. Miscellaneous Standards S. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and Standards that apply site -wide. 2.1 Comprehensive Land Use Plan 2.7 Phasing Plan -Public and Private 2.2 Circulation Master Plan Facilities 2.3 Drainage Master Plan 2.8 Open Space Recreation and 2.4 Water Master Plan Trails Master Plan 2.5 Sewer Master Plan 2.9 Landscape Master Plan 2.6 Grading Master Plan 2.10 Walls and Fences Master Plan Rodpaugh Ranch Spec Plan, Amendment No. 2 3-97 PLANNING AREAS AND DEVELOPMENT STANDARDS 6. Planning Area 33B shall provide, at a minimum, the following improvements a. A total of a fifty (50) parking space Park and Ride facility. b. Six (6) parking spaces for trailers. C. Security Lighting. d. Passive recreational area with benches and tables. e. Kiosk for interpretive information for the open space area. f. Drinking fountains. g. Water for equestrians. h. Staging area for equestrians. i. Landscaping. Roripaugh Ranch Specific Plan, Amendment No. 2 3-98 SPECIFIC PLAN ZONING ORDINANCE 5.1 PURPOSE AND INTENT The zoning for the Specific Plan area is Specific Plan Overlay. This section of the Specific Plan establishes zoning districts and land use regulations and standards that will control land use and development in the land uses identified for the Specific Plan area. These regulations amend and supersede the regulations of the Temecula Development Code. Where standards and regulations are not specified in this Specific Plan, the requirements of the Temecula Development Code shall provide the regulatory authority. This section also identifies the procedures to be used to review site plans for development projects proposed within the Specific Plan area. Special standards for residential development are also included here. The Site Planning and Architectural Design Guidelines in Section 4.0 are intended to be used in conjunction with the zoning and development standards stated here. The following standards will serve as the primary mechanism for implementation of the land uses for the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility between land uses. Principal land uses for the Specific Plan shall be as follows: Residential Land Uses: o Low Density (L) Single -Family Detached: (PA 10, 19, 20, 21, and 33A and-33B) o Low Medium (LM) Density Single -Family Detached: (PA 1A-4B, 16 - 18) o Medium (M1) Density Single -Family Detached: (PA 23 and 24) o Medium (M2) Density Single -Family Detached and Attached clustered: (PA 12, 14, 15, 22 and 31) 2. Commercial: o . Neighborhood Commercial: (PA 11) 3. Parks and Open Space: o Private Recreation Centers (PA 5, 30) o Private Mini -Park (PA 1 B) o Parks (PA 6,27) o Open Space Habitat (OS1): (PA 8, 9A, 913, and 13) Flood Control (OS2): (PA 7B, 7C, 25, 26, and portions of 14 and 27) Park and Ride/Trailhead (OS3). (PA 33B) Landscape Slope (OS3): (PA 7A and portion of 6) 4. Elementary and Middle School: (PA: 28 and 29) 5. Fire Station: (PA 32) Roripaugh Ranch Spec Plan, Amendment No. 2 5-1 SPECIFIC PLAN ZONING ORDINANCE 5.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. 10,19, 20, 21r AND 33A AND 33B The Low Density Residential (L) zoning district is intended to provide for the development of single- family detached homes on large lots with a unique character of development Typical lot sizes in the L zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior perimeter of Planning Areas 19, 20, 21, and 33A. Private equestrian use will only be allowed on lots one acre or larger adjacent to the multi -use trail in Planning Areas 19, 20, 21. PaanaiRg Area 33B LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS.1A, 2, 3, 4A, 4B,16, 17 and 18 The Low Medium (LM) zoning district is intended to provide for the development of single-family homes on lots of 5,000 square feet to 6,000 square feet Planning Areas 1, 2, 3, 4A, 4B, and 16 shall have a minimum lot size of 5,000 sq. ft Planning Areas 17 and 18 shall have a minimum lot size of 6,000 sq. ft. MEDIUM DENSITY - STANDARD (MI) - PLANNING AREAS NOS. 23 AND 24 The Medium (M) zoning district is intended to provide for the development of single-family homes on lots 4,000minimum square feet. MEDIUM DENSITY - CLUSTERED (M2) - PLANNING AREAS NOS. 12,14,15,22 AND 31 The Medium (M) zoning district is intended to provide for the development of clustered single-family development on minimum lot sizes of 3,000 sq. ft Roripaugh Ranch Specific Plan, Amendment No. 2 5.4 SECTION VIII SPECIFIC PLAN ZONING ORDINANCE Table 5.2 Development Standards - Residential Districts Residential Development L L-E LM - LM M1 M2 Standards 20,000 10,000 5,000 6,000 4,000 (Minimum Lot Size in Feet) Planning Area 19, 20, 10 1A, 2, 3, 17 and 18 23 and 24 12, 14,15, 21, 33A 4A, 4B 22 and 31 R and 16 Minimum gross lot area (square 20,000 10,000 5.000 6,000 4,000 3.000. feet) 1 acre* = Lots in PA 19, 20 and 21 that abut eastern and southern property boundary shall be a minimum of 1 acre. Thirty (30) foot fuel modification zone shall not be included in lot area. Lots along the western perimeter of PA 33A & 33B shall be a minimum of 1 acre. Dwelling units per net acre 1.2 du/ac 1.7 du/ac 5.2 du/ac 4.0 du/ac 6.1 du/ac 10.1 du/ac Minimum lot frontage at front 30 ft. 25 ft. 25 ft. 25 ft. 25 ft. NA property line Minimum lot frontage for a flag 25 ft. 20 ft. 20 ft. 20 ft. 20 ft. NA lot at front property line Minimum width at required front 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. NA and setback area Minimum lot width 60 ft.* 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. * The lot width for both 20,000 sq. ft. lots and 1 acre lots shall be substantially the same. Minimum lot depth 90 ft. 80 ft. 80 ft. 80 ft. 80 ft. NA Minimum front yard setback 25 ft. 20 ft. loft 10 ft. 10 ft. 10 ft. - Front entry 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. 18 ft. - Side entry garages . 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. - Lots abutting Murrieta Hot Springs between Pourroy Rd. and the MWD easement may be reduced by three (3) feet. Mi im m corner side yard se act 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Note: Setbacks forstructures located adjacent to the Fuel Modification Zones shall be determined at the Tentative Map. stage, based on the criteria provided by the City Fire and Planning Departments, Roripaugh Ranch Specific Plan, Amendment No. 2 5-7 SECTION VIII SPECIFIC PLAN ZONING ORDINANCE Residential Development Standards L L.E LM LM M1 M2 (Minimum Lot Size in Feet) 20,000 10,000 5,000 6,000 Standard (Standard) 4,000 Planning Area 19, 20, 10 1, 2, 3, 4A, 17 and 18 23 and 24 12, 14,15, 21, 33A and 33B 4B and 16 22 and 31 *Minimum interior side yard 10 ft. 10 ft. 5 ft.1 5 ft. 5 ft. 3 ft. setback Minimum rear yard setback 20 ft. 20 ft. 20 ft. 20 ft. 15 ft. 15 ft. front - Setbacks for lots abutting - 25 ft. - - loaded Planning Area 7A along the garage southern property line shall have a 25' minimum rear yard setback. - Lots abutting Multi -use trail in PA 19, 20 and 21. - Setbacks for lots abutting 50 ft. 5 ft: rear Murrieta Hot Springs between 50 ft. loaded Pourroy Rd. and the MWD garage easement may be reduced by staff by three (3) feet. Kmimum rear Yard Setbacks — arages - Deep Recessed 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. - Rear Access 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Maximum height 2 stories, 2 stories, 2 stories, 2'/2 2 V. 2 V2 35 feet 35 feet 35 feet stories, 35 stories, 35 stories, 35 feet feet feet Maximum percentage of lot 50% . 50% 60% 60% 60% 60% coverage Minimum Garage Size (interior 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20' space) . Fireplaces may project not more than two (2) feet into the side yard setback provided the width of the fireplace does not exceed eight (8) feet in width. Note: Setbacks forstructures located adjacent to the Fuel Modification Zones shall be determined at the Tentative Map stage, based on the criteria provided by the City Fire and Planning Departments. Roripaugh Ranch Specific Plan, Amendment No. 2 5-8 SECTION VIII SPECIFIC PLAN ZONING ORDINANCE 6.6 PARKS AND OPEN SPACE (Planning Areas Nos.1 B, 5, 6, 7A, 7C, 8, 9A, 913,13, 27, 25, 26 and 30) 5.6.1 DESCRIPTION OF PARKS AND OPEN SPACE Parks (P) and Open Space (OS) zoning district is intended to promote a wide range of public and private recreational uses in the community. These uses include community facilities, golf courses, health clubs, public parks and recreation areas, sports parks, or other outdoor athletic facilities and similar outdoor commercial recreational uses. 5.5.2 USE REGULATIONS The list of land uses in the following table shall be permitted in one or more of the park and open space zoning district as indicated in the columns corresponding to each zoning district. Where indicated with a letter" P", the use shall be a permitted use. Where indicated with a "=', the use is prohibited within the zone. Where indicated with a letter "C", the use shall be conditionally permitted subject to approval of conditional use permit. Table 5-5 Schedule of Permitted Uses - Parks and Recreational Uses Schedule of Uses P P OS1 OSx OS3 (Private) (Public) Planning Area 1 B' 6 and 30 6 and 27 8, 9A, 7C, 25 Portions 96, and and 26 of 6 and 13, 7A and 33B Agricultural Uses - Athletic Field P P Bicycle paths P P - P P Campground Caretakers quarters Cemeteries, mausoleums and related uses Game courts, badminton, tennis, racquetball P P Golf driving range not part of a golf course Golf course and clubhouse P P Government and public utility facilities C C P P Gymnasium P P Microwave antenna/tower' Nature centers/exhibits Nurseries P P Group Picnic Facilities Roripaugh Ranch Specific Plan Amendment No 2 5-18 SECTION Vill SPECIFIC PLAN ZON Private parks and recreation facilities P P P P Parking areas P P Park and Ridez Public parks and recreational facilities P P P P Recreational vehicle park Riding stable, public or private Shooting galleries, ranges, archery courses Single-family dwellings Tree Farms SECTION VIII SPECIFIC PLAN ZONING ORDINANCE 5.5.3 DEVELOPMENT STANDARDS In the Parks and Open Space districts development standards are as follows: Table 5-6 Development Standards - Parks and Open Space Standards Development Standards P OS Planning Area 1 B, 5, 6, 27 and 31 . 7A, 7C, 8, 9A, 913, 13, 25 and 26 and 33B Minimum lot size. 10,000 sq. ft. - Maximum lot coverage 25% Maximum height 35 feet' Floor area ratio .1 - Setback for parking areas and structures 25 feet - Minimum open space/landscaping 75% 100%, 1. Excludes light poles and communication facilities. 2. Design of Planning Area 33B subject to approval of Planning Director and. Community Services Director. Roripauoh Ranch Specific Plan Amendment No. 2 5-20 I W. ■■■■■■■■■■�:■: y7®!f«!A\a (//§ 2 Proposed Land Use ma ELI 2- 1� I n z Z o — m � s'5 Sa'i N g@ m^ •^m I S C� N.E. NyN9NllV Q anN n^ m D I„q &m >0 — l mNmo p - am +iao Nuv a�om m y Ili" 8+S N^ D J w m w n pe f ua i T T S:HEEf b ` Cr�G- SFen"A 9gNF nPW 0.a''� Cn�uN I166 / =m SRC N 5mw �^o I a�r-O I iiaN � o'rsy — \... L. 0 Proposed Land Use Plan Neighborhood Plan Pam 7=M :Lp ERMXG J�p El § 2vg9 G/g\ « q ! E \Ty Pedestrian/Bicycle Circulation Plan k � i Conceptual Open Space & Recreational Master Plan I ®®®1®11u1®®®o 0 N m q (Juij9N n m OZSEi-r O v m N _ o maL�i m'�NiooNm��n fn w:. _'8$ m �AbNba N m N PJm� Z D V Proposed Land Use Plan m.. Jif"B" STREET DOA$' om � _ yin DDn' M 9 no; A Y'= B� vs -Hy as 23 R; n aa- m f aymmN�� Sm e�� g n m> 4 Si m m Planning Areas 9A, 913, 13 and 33B Open Spaces iB 1 ►ar�� AA ' N c0 � N �1 �I o b> rjwl MWDVyov D°w z —wDsE ENT i 0"W D i �N >_ZO) F00 w .I w61 _ i C 0D�� N f%1yn N >e AZ x SSgn ���® • , � aAjWS N� � Sm' DKyai a Nmm ma Qm-9ad �m � z m3m x'$g a'a IF av fir �a R2. p ��c pY N3' �� m sa g3 a� mm `!if Z� ; of u$ S 3]1 om FF T �! N®OM V T T49 T Fr - Planning Area (12) > o>� NJoaT V 0 m ulm O O ? n NN a _ y i a � � O 0 0� nmmpp3 a� a. .£�em ='m ma � �3 3 vT Ni al3-H c Xa Planning Area Fourteen (14) El my a� Ay ��'°�� g a'ia=�-n'�° m �� `7�4"J `V `� >v �Qo '.� 'tis m Swm �'o �b� l➢i� .'io F.�.vv��'iS Np N� a� a�. y r- _ g m Planning Area Twenty -Seven (27) 07. I L� -0 mo `a k 3 NOTITMOUITTETT T ^ya ^C y H. M; � '��'ppe ay S_w 3m m5 a•c mm a'��w '�2 )c �� u'�i, T N Planning Area Thirty -Three A & B (33A, 3313) I El ,$oo me eoeee - , / &{ /}) 4 � �!\+/\ /101 9 . ;, /\) Landscape Master Plan ("VaI /) )\§ /K $er eeeaeo e ey #©DOOM ! !\ b§ _! \\\� , \) Trail System Master Plan ('|I . . -i 8 l7 W e W Nicolas Rd. from Butterfield Stage Rd. to the west Project Boundary (PA 12, 33A & 33B) 4 FIGURE 4-46 KEY MAP NOT TO SCALE i / NAP 12M2 / 16.4 AC 33B (15.OAC) / p OS3 136 DU'S H2.3AC / /i 33A 11.8AC J / / -15 DU'S PLAN VIEW (H) NOT TO SCALE 40' RCWD ESMT M RA ��j TO'MWD RAN PLANNINr AREA 33A & 33B 9!� VIEW LINE -� \ RURALRESIDENTIAL LEXISTINGGRADE CROSS SECTION (H) NOT TO CAE I I I I SL ® N O T T 0 5 G p L E Ror-ip�ttt It Ranch V� Al 0 U EXHIBIT B DRAFT CONDITIONS OF APPROVAL G\Planningt2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem PC Reso Roripaugh Spec Plan Amendment.DOC .. EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0341, Specific Plan Amendment No.. 2 Project Description: An Amendment to the Roripaugh Ranch Specific Plan to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B. DIF: TUMF: MSHCP: Approval Date: Expiration Date: PLANNING DIVISION Per Development Agreement Per Development Agreement Per Development Agreement February 1, 2006 Per City Council approval Within Forty -Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City, shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\PlanningWem PC Reso Roripaugh Spec Plan AroBndment.DOC fully in the defense of the action: The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Approval of this Specific Plan'Amendment No. 2 is contingent upon and shall not become effective nor shall it vest until approved by the City Council and a Notice of Determination under the provisions of the California Environmental Quality Act (CEQA) are approved by the City Council. 4. Applicant shall submit electronic version of all revisions to Specific Plan. Applicant's Signature Date Applicant's Printed Name G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem PC Reso Roripaugh Spec Plan Amendment.DOC 7 ATTACHMENT NO. 3 PC RESOLUTION 06- DEVELOPMENT AGREEMENT AMENDMENT G:\Plaming\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem Roripaugh PC Staff Report.DOC 7 PC RESOLUTION NO.06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SECTION 4.1.6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHOLDS RELATIVE TO THE CONSTRUCTION OF THE FIRE STATION IN TRACT 29353," LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN AREA, NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD, AND MURRIETA HOT SPRINGS ROAD ,AND BUTTERFIELD STAGE ROAD (PLANNING APPLICATION PA05-0404)" WHEREAS, the City Council of the City of Temecula adopted the Roripaugh Ranch Specific Plan on November 26, 2002; WHEREAS, the City and Ashby USA, LLC entered into a Development Agreement, dated December 17, 2002, and recorded on January 9, 2003 with respect to the Property. On October 21, 2004, the City and Developer entered into that certain "First Operating Memorandum" to clarify certain terms of the Development Agreement; WHEREAS, Ashby USA LLC, filed Planning Application No. PA05-0404, Development Agreement Amendment for the property consisting of approximately 805 acres generally located near the future intersections of Nicholas Road and Butterfield Stage Road, and Murrieta Hot Springs Road and Butterfield Stage Road, generally known as the Roripaugh Ranch Specific Plan No. 11 ("Project'); WHEREAS, the Planning Commission held a duly noticed public hearing on February 1, 2006, and recommended that the City Council approve the attached amendment to the Roripaugh Ranch Development Agreement; WHEREAS, this Resolution complies with all the applicable requirements of State law and local law, including local ordinances and the California Environmental Quality Act and; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 1, 2006 to consider the application for the Project and environmental review, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approve the Application subject to and based upon the findings set forth hereunder; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; G:\Planning\2005\PA05-0404\Planning\Tem PC Rm Roripaugh DA Amendment.DOC t WHEREAS, the Planning Commission adopted Resolution No. 06-_ recommending the City Council approve a Development Agreement Amendment; WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve the Application, and file a Notice of Determination; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitals are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in approving Planning Application No. PA05-0404 hereby finds that the development agreement amendment, is consistent with the goals and policies of the approved Roripaugh Ranch Specific Plan and Development Agreement, and the proposed development agreement amendment would further the City's long-term economic development goals. Section 3. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The Planning Commission finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the First Amendment to the Development Agreement and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations) be filed. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 06- amending the Roripaugh Ranch Development Agreement per Exhibit "A" attached hereto. G:V'lanning\2005\PA05-0404Tlanuing\Tem PC Reso Roripaugh DA Amendment.DOC 2 PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of February 2006. Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the PC Resolution No. 06-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February 2006, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0404\Planning\Tem PC Reso.Roripaugh DA Amendment.DOC 3 EXHIBIT A DRAFT DEVELOPMENT AGREEMENT AMENDMENT G:\Plarming\2005\PA05-0404\Planning\Tem PC Reso Roripaugh DA Amendment.DOC 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL. TO: City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) This First Amendment to Development Agreement is made and entered into as of February 14, 2006, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), ASHBY USA, LLC, a California limited liability company, DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company, TANAMERA RORIPAUGH, LLC, a California limited liability company, and TANAMERA RORIPAUGH 11, LLC, a California limited liability company, (collectively "OWNER") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties hereto agree as follows: 1. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: a. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Preannexation and Development Agreement") was 799862.5 12/21/05 approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside ("Development Agreement"). b. The real property which is subject to the Development Agreement and this First Amendment is generally known as the Roripaugh Ranch Project and is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full ('Property"). C. On October 21, 2004, the City and the Developer entered into that certain "First Operating Memorandum to the Recorded Development Agreement between the City of Temecula and Ashby USA (Roripaugh Ranch Project)" pursuant to Section 3.55 of the Development Agreement ("First Operating Memorandum"). The First Operating Memorandum was recorded as Document No. 2004-087441 in the Official Records of the County of Riverside on November 3, 2004. The First Operating Memorandum provides additional funding for the construction of the permanent fire station described in Section 4.1.6 which fire station is necessary to provide fire protection for the Project. Accordingly, an amendment to the Development Agreement is required in order to increase the number of homes that can be built during construction of the permanent fire station. d. On September 23, 2003, the CITY and Ashby USA LLC entered into that certain "Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29353-2 (Roripaugh Ranch Specific Plan)" ("Deferral Agreement"). The Deferral Agreement was recorded as Document No. 2003- 744646 in the Official Records of the County of Riverside on September 24, 2003. Said Deferral Agreement provides for the deferral of certain obligations with respect to the development of the Property. e. Portions of the Property have been sold to merchant builders who have taken their properties subject to the rights and obligations of the Development Agreement. The merchant builders are: DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company; TANAMERA RORIPAUGH, LLC, a California limited liability company, and TANAMERA/RORIPAUGH II, LLC, a California limited liability company ("Merchant Builders"). The Merchant Builders have by separate agreement, to which the CITY is not a party, designated Ashby USA LLC as the OWNERS' agent to complete the public improvements required by the Development Agreement and the Conditions of Approval of the Land Use Entitlements for the Project. OWNERS warrant and represent to the City that all persons have an ownership interest or other interest intheProperty have executed it as a party or have signed the Consent and Subordinantion attached hereto and, further, no other persons are required to approve this First Amendment. f. Section 4.1.6 of the Development Agreement provides that only 107 building permits for residential units may be issued for Planning Areas 1A, 2, and 3 until the permanent fire station which will serve the Project ("Fire Station") is constructed but that the Fire Chief of the City of Temecula may, in his sole discretion, 799862.5 12/21/05 issue up to 250 total residential units on Planning Areas IA, 2, 3, 4A and 4B so long as the permanent fire station and the Secondary Access as defined in Attachment 5, are substantially under construction. g. The additional funding for the permanent fire station provided in the First Operating Memorandum, has enabled the City to accelerate the construction of the permanent fire station. The Temecula Fire Chief has now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction of the permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions of Approval for the Project are fulfilled. The Fire Chief has further determined that no more than 515 units with the Project be served until such time as the "Secondary Access," as described in Attachment 5 to the Development Agreement and permanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road have been completed. h. It is the intent of the parties in entering into this First Amendment to the Development Agreement that the limitations on the schedule for issuance of building permits necessitated by the availability of fire protection be modified given the current construction of the permanent fire station and fire station access, but that other limitations on the issuance of building permits necessitated by other impacts remain in place as provided in the Development Agreement and the Conditions of Approval. i. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 1, 2006 and by Resolution No. 06- recommended to the City Council that this First Amendment be approved. j. On February 14, 2006, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Negative Declaration and the proposed First Amendment. Ordinance No. 06- introduced on February 14, 2006 and adopted on February 28, 2006 approved this First Amendment, 2. Section 4.1.6, Fire Service Improvements, of the Development Agreement is hereby amended to read as follows: "4.1.6 Fire Service Improvements. The following shall satisfy OWNER's obligations regarding this component. ,,a. Conveyance of Land. On or before the thirtieth (30"') calendar day after the Annexation Date of this Agreement, OWNER accomplish the following: 11 1. Fee simple title shall be conveyed to CITY, free and clear of all liens and matters of record; "2. OWNER shall provide CITY a CLTA insurance policy insuring CITY's title to the Station Site in an amount equal to the fair market value of the Station Site. 799862.5 12/21/05 "3. The parcel shall have not less than one and one-half (1.5) acre of flat land usable for development as a CITY fire station. In no event shall the site be in excess of three (3) gross acres. "4. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, the OWNER has conveyed the fire station property to the CITY as required by subsections a.I to a.3. "b. Grading. Prior to the issuance of the first (I" ) building permit, OWNER shall rough grade the parcel. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has graded the Fire Station site. "c. Construction. Pursuant to Section 4.1.3.1 OWNER shall tender the sum of Two Million Dollars ($2,000,000.00) and CITY shall accept the money from OWNER for the purpose of CITY's design and construction of a fire station and acquisition of title to a fire truck of CITY's sole selection. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has transferred the $2 million to the CITY pursuant to this subsection. "d. Issuance of 515 Building Permits. 11 1. As of the date of the First Amendment to the Development Agreement: (1) OWNER has paid to the City the sum of $2 million pursuant to Section 4.1.5 c. of this Agreement; (2) OWNER has paid the additional sum of $1.1 million to the City for the construction of the permanent fire station pursuant to Section 1 of the First Operating Memorandum; (3) CITY has approved plans and specifications for the permanent fire station ("Fire Station"); (4) City has let a contract for construction of the permanent Fire Station; and (5) the permanent Fire Station is under construction. "2. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, up to a maximum of five hundred fifteen (515) residential building permits for Planning Areas 1A, 2, 3, 4A and 4B shall be issued upon a finding by the City Manager that: (1) the permanent fire station is substantially under construction; (2) permanent access to the Fire Station via Butterfield Stage Road and Murrieta Hot Springs Road is substantially under construction so as to be completed concurrent with the opening of the Fire Station; (3) Access to the Fire Station via Calle Chapos between the Fire Station's eastern most driveway and Walcott Lane will be completed concurrent with the opening of the Fire Station; and (4) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have 799862.5 12/21/05 4 been fulfilled. If the conditions described in clauses (1) and (4) of this subsection have been fulfilled, but the conditions described in clauses (2) and (3) of this subsection has not been fulfilled, then the City Manager shall not issue more than one hundred seven (107) building, permits until such time as all conditions described in this subsection have been fulfilled. "3. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, no more than five hundred fifteen building permits for the Project shall be issued until such time as: (1) the Secondary Access, as defined in Attachment 5 to the Development Agreement is completed; (2) permanent access on Murrieta Hot Springs Road and Butterfield Stage Road to the Fire Station are complete; and (3) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. "e. Fire Station Construction Street Improvements. OWNER shall, subject to final review and Acceptance by CITY, construct the street improvements adjacent to the Fire Station in conformance with the conditions set forth in Attachment 5 to this Agreement and subject to the CITY's approved street improvement plans for the public street(s) which are immediately adjacent to the Fire Station. OWNER shall commence and complete the street improvements, including but not limited to, asphalt concrete travel lanes, concrete curb and gutter, sidewalk per Specific Plan and right-of-way landscaping as required by CITY. The improvements described in this Section shall be completed not less than thirty (30) calendar days prior to the date the CITY will place the Fire Station in full operation. Owner hereby grants a license to the City over or through its property adjacent to the Fire Station for the purposes of allowing access to the Fire Station for construction and operation of the Fire Station which license shall terminate upon the acceptance of the streets adjacent to the Fire Station into the City -maintained street system. City and Owner may fulfill the access requirement by entering into a separate license agreement with specific details of the rights and obligations of the parties. If. DIF Component Release. Upon the funding of the public finance district or other financing mechanism and CITY's ability to utilize such monies for construction of a permanent fire station as described in Section 4.1.6, and the Acceptance of title to the site, then OWNER'S farther obligations to pay the Fire Component of the DIF will be credited by CITY, and CITY shall not impose restrictions on building permit issuance based upon nonpayment of the Fire Component of the DIF. "g. Limitation on Participation. The OWNER agrees to not participate in the design or construction of the Fire Station, even if it is funded by a public financing district. However, to ensure architectural compatibility with future development, CITY agrees to allow OWNER's 799862.5 12/21/05 architect to coordinate with the architect hired by CITY for the sole purpose of providing input into the architectural themes of the exterior to the fire station." 3. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect. 4. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements; oral or written, concerning the subject matter hereof, except for the First Operating Memorandum, the Deferral Agreement, and First Amendment to the Deferral Agreement are merged into this Agreement and shall be of no further force or effect. 5. This First Amendment shall not be effective and shall not be recorded until such time as each owner of the Property has duly executed this First Amendment to Development Agreement and all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed the Consent and Subordination attached hereto. 799862.5 12/21/05 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Ron Roberts Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 799862.5 12/21/05 7 ASHBY USA, LLC, a California limited liability company By: Ashby Development Co., Inc., its Managing Partner By: Justin K. Ashby President By: USA Investment Partners, LLC, a Nevada limited liability company, its member By: USA Commercial Mortgage Company, a Nevada corporation, its non -Member Manager. Joseph D. Milanowski President 799862.5 12/21/05 8 DAVIDSON RORIPAUGH RANCH 122, LLC Name: Title: Name: Title: 799862.5 12/21/05 9 TANAMERA RORIPAUGH, LLC, a California limited liability company Name: Title: Name: Title: 799862.5 12/21/05 10 TANAMERA RORIPAUGH II, LLC, a California Hmited liability company Name: Title: Name: Title: 799862.5 12/21/05 11 LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 1. _ ("Lender") holds a security interest in a portion of the Property described in the First Amendment to Development Agreement set forth above between Ashby USA, LLC, a California limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City"). 2. Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the First Amendment to the Development Agreement. 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and the First Amendment to the Development Agreement and the and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the First Amendment to the Development Agreement and their recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the First Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: 799862.5 12/21/05 12 IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of February , 2006. Lender: Name: Title: Name: Title: 799862.5 12/21/05 13 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 799862.5 12/21/05 14 ATTACHMENT "I" (Legal Description of the Property) tt 713471.1 12fi1/2002 37 l RORIPAUGH RANCH PROJECT Metes and Bounds description of the North one-half of the North one-half of Section 20 of'T7S, R2W, S.B.M. Beginning at the Northeast corner of said Section 20, thence along the easterly line of said Section 20 South 0° 34' 31" W 1319.80 feet to the North Sixteenth corner thereof; Thence along the Southerly line of the North one-half of the North one-half of said Section 20 North 88°36'41" West, a distance of 5229.85 feet to the North Sixteenth corner thereof; Thence along the West line of said Section 20 North 00°26' 13" West, a distance of 1319,23 feet to the Northwest comer thereof, Thence along the Northerly line of said Section 20 South 88°37'05" East, a distance of 5233.02 feet to the Point of Beginning, containing an area of 158.45 acres, more or less. This description is for exhibit purposes only. The true legal description is: The North one-half of the North one-half of Section 20, Township 7 South, Range 2 West, San Bernardino Base and Meridian, County of Riverside, State of California, according to the Official Plat thereof. t - 1 heraby cartily, under the penalty. of perJs;y It, the above and foregoing Is a true and correct cop: of an original on deposit within the records of the City of Temecula. In witness whereof, I have hereunto set my hand and a6ad t e seal of the City of Temecula this;Z<itay or 0UL Mic aela A. Ballrelch, Deputyy City Clerk RORIPAUGH RANCH PROJECT R Metes and Bounds description of Section 21 of T7S, R2W, S.B.M. Beginning at the Northeast corner of said Section 21, thence along the easterly line of said Section 21 South 0° 59' 15" West 2664.97 feet to the East quarter section corner; thence continuing along said easterly line South 0° 21' 34" West 2636.07 feet to the Southeast corner of said Section 21; thence along the Southerly line of said section North 890 39' 13" West 5282.88 feet to the Southwest corner of said section; thence along the westerly line of said section North 0° 33' 47" East 3809.86 feet to the North sixteenth corner of said section; thence continuing along said westerly line North 0*34' 31" East 1319.80 feet to the Northwest section corner, thence along the northerly line of said section North 88129' 3T' East 5296.39.feet to the Point of Beginning, containing an area of 632.2 acres, more or less. This description is for exhibit purposes only. The true legal description is: Section 21, Township 7 South, Range 2 West, San Bernardino Base and Meridian, County of Riverside, State of California, according to the Official Plat thereof. s , l RQRIPAUGH RANCH PROJECT 3 Metes and Bounds description of a portion of Section 20 of 17S, R2W, S.B.M. Commencing at the North sixteenth comer of Section 20, Township 7 South, Range 2 West, San Bernardino Base and Meridian, being the Northeast corner of that certain . parcel designated as "Not a Part" as shown by Parcel Map on file in Book 1, of Parcel Maps, pages 44 through 46, thueof, Records of the County of Rivetside. California; thence along the easterly line of said Section 20 South 00 33147" W, a distance of 974,13 feet to the True Point of Beginning; Thence North 89025'58" West, a distance of 929.81 feet more or less to the Easterly line of the land conveyed to the Metropolitan Water District of Southern California by deed recorded April 24, 1968 as instrument No. 37774. Official Records of said County; Thence along said Easterly line North 12°32'09" East, a distance of 762.69 feet, Thence on aline parallel with the South tine of said parcel designated as "Not a Part" South 89025'58" East, a distance of 771.65 feet to the True Point of Beginning, containing an area of 1457 acres, more or less. This description is for exhibit purposes only, the above edify, under the penzlty of parJJ,y ; of an ortgln 1 oan n depose wIthinr thearecorda t thCQfreGt e City of Temecula. in wI Tr whereof, I have hereunto so l my lof emec i hanhisd and affixed a seal of the Cty Ti�'{day of Mif c ela A. Balrefch, peputy it to 00� by: I ATTACHMENT"2" (Plat of the Property Described In Attachment 1) 713471.1 12/11/2002 38 F12R. 955C-20, T.TS.,R.2W.,SBM 1 hereby certify, under the penalty of per,•_:y It:z� the above and foregoing is a true and correct espy of an original on deposit within the records of the City of Temecula. In witness whereof, 1 have hereunto set my hand and affixed �a seal of the City of Temecula this2lday of Ac_2g LL, Mic aela A. Ballrelch, Deputy City Clerk DAVID EVANS RIVERSIDE COUNTY, WFORNIA CRY' OF TEMECULA • -: ' j rq. OF j• Ift AxcASS00IATES roio: WO North sip 300 Pnr>ne eos �tst 676o EXHIBIT "B" RORIPAUGH RANCH PROJECT cxmr MBY DDROPMENT Wam "'p °N18�s �a ' . a RIVERSIDE COUN]Y, CAI.FORMA D.i' OF, DAVID EVANS MY OF TEYEMA JOB J M+DASSOOIATES iota. EXHIBIT RORIPAUGH RANCH` 600North Hare"Avwme,&ft3W " • PROJECT MP MOY DEVELOPMENT ed't . . ---------------------- U- --------- 20121 I _ I I I N 1/2, N 1/2, 9£C20, %r9.,A7 S9M j 1 I -------------- -- I IM I� 70I g I EASTERLY UNE Of WST, 1.0 NO.377741 O.R. RWD Ir PDR, sFc.2D, 779.,/L2W.,sBM I NNING P,M.B,1144 46 SOV25'WE 771.65' POft SECM, � ryas � �,► BZ8.61- .I I hereby certify, vnuar tile parialty of perj!ny P,:-t the above and foregoing is a tree and correct copy of an original on deposit within the records of the P.M.B.1/W 46 1 City of Temecula. In witness whereof, I have hereunto set my hand and afixed t . seal of the City of Temecula lhlsJ-`fay 1 Mlchaela A. Baltrelch, Deputy City Clerk RM M W CKWT r, 0 MIA 88f No. 1 DAVID EVANS Wy OF iOEW in IA maASSOCIATBBuva NAM EXHIBIT RORIPAUGH RANCH BOON P178�4 900 PROJECT OrdWl* COW* WnUP Plano. MA81.6760 CUMT, 12-12—C i MW MVE DPMW �, - ,W ATTACHMENT NO.4 PC RESOLUTION 06- REVISED MITIGATION MONITORING PROGRAM (TRANSPORTATION SECTION ITEM NO.9 ONLY) GAPlamung\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem Roripaugh PC Staff Report.DOC 8 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE FOLLOWING ITEMS ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MODIFICATIONS TO THE TRANSPORTATION SECTION OF THE MITIGATION MONITORING PROGRAM APPROVED WITH THE RORIPAUGH RANCH SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (PLANNING APPLICATION NO. PA94-0076) REGARDING THE RELOCATION OF THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 3313", GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD AND NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD" WHEREAS, On November 26, 2002, the City Council of the City of Temecula adopted and certified an Environmental Impact Report (PA94-0076), a General Plan Amendment (PA99-0298), the Roripaugh Ranch Specific Plan (PA94-0075), a Change of Zone (PA94-0075), a Development Agreement (PA99-0299) and Tentative Tract Maps 29661 (PA01-0253) and 29353 (PA01-0230); WHEREAS, on January 11, 2005, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan Amendment No. 1 (PA04-0371) to change Planning Area 7B from Open Space (OS) to Low Medium Residential (LM), Planning Area 10 from Low Density Residential (L) to Low -Estate Residential (L-E) , and make other changes to the Roripaugh Ranch Specific Plan; WHEREAS, Ashby USA, LLC, filed Planning Application No. PA04-0341, Specific Plan Amendment No. 2 to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ("Project'); WHEREAS, the Project results in changes to the Transportation Section of the Mitigation Monitoring Report prepared for the Roripaugh Ranch Specific Plan Environmental Impact Report regarding the location of the Park and Ride facility; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 1, 2006 to consider the application for the Project and environmental review, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did; testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitals are true and correct and are hereby incorporated by reference. GAPlanning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem PC Reso Roripaugh MMP amend.DOC - Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The Planning Commission finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives notfound feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations) be filed. Section 3. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt the revisions to the Roripaugh Ranch Specific Plan EIR Mitigation Monitoring Program, as set forth in Exhibit A. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this i s` day of February 2006. Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\PlanningWem PC Reso Roripaugh MMP amend.DOC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretaryof the Temecula Planning Commission, do hereby certify that PC Resolution No.06-_ was duly and regularly adopted bythe Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February 2006, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\PlanningWem PC Reso Rorpaugh MMP amend.DOC 3 EXHIBIT A REVISED MITIGATION MONITORING PROGRAM (TRANSPORTATION SECTION ITEM NO.9 ONLY) G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem PC Reso Roripaugh MMP amend.DOC 4 EXHIBIT A REVISED TRANSPORTATION ITEM #9 OF THE RORIPAUGH RANCH SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING PROGRAM Prior to issuance of any residential building permit for Phases 2 or 3 Planning Areas 40, i i 12, 4 4 31, 33A 9F 339, the developer shall provide and construct 50 designated Park-N-Ride spaces in Planning Area 44 33B. G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\PlanningWem PC Reso Roripaugh MMP amend.DOC ATTACHMENT NO.5 DRAFT CC RESOLUTION 06- GENERAL PLAN AMENDMENT GAPlanning\2005\PA05-0341 Roripaugh Park & Ride reloc Specific Plan Amend\Plauning\Tem Roripaugh PC Staff Report.DOC 9 DRAFT CC RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS)", GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD (PA06-0009) (APN 964-460-003) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. Section 65300 of the Government Code requires that cities adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction as well as any adjacent areas which, in the judgment of the City, bears a relationship to its planning; B. On December 17, 2002, the City Council of the City of Temecula adopted an approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298 (General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230 (Tentative Tract Map 29353); C. On November 9, 2005, Ashby USA, LLC, filed Planning Application No. PA04- 0341, Specific Plan Amendment No. 2 to change the land use designation for Planning Area 33B from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ("Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and.California State CEQA Guidelines; ("Project'); D. On January 13, 2006, Ashby USA, LLC, filed Planning Application No. PA06- 0009, General Plan Amendment to amend the General Plan land use map to change the land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS); E. The Project was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; F. The Planning Commission considered the Application on February 1, 2006, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; G. At the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; G:\P1anning\2006\PA06-0009 Ronpaugh Ranch PA33B - GPA\Planning\DRAFT CC RESOLUTION GP.doc H. The City Council considered the Application on February 14, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; I. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application, approved a Notice of Determination after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended. findings: That the City Council, in approving the Application, hereby makes the following The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan. 2. The proposed amendment will not have a significant impact on the character of the surrounding area. Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The City Council finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would, substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the directs the Director of Community Development to file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Amendments to the General Plan Land Use Map. The City Council hereby amends the Land Use Map of the General Plan to change the land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS), generally located near the future intersections of Nicholas Road and Butterfield Stage Road (APN 964-460-003), attached hereto as Exhibit "A". GAPlanning\2006\PA06-0009 Roripaugh Ranch PA33B - GPA\Planning\DRAFT CC RESOLUTION GP.doc 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14h day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) . COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06-_ was duly adopted and passed at a regular meeting of the City Council on the 14th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk G:\Planning\2006\PA06-0009 Roripaugh Ranch PA33B • GPA\Planning\DRAFT CC RESOLUTION GP.doc 3 ATTACHMENT NO.6 DRAFT CC ORDINANCE 06- SPECIFIC PLAN AMENDMENT G1Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\Tem Roripaugh PC Staff Reporl.DOC 10 DRAFT CC ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05- 0341 (SPECIFIC PLAN AMENDMENT NO. 2) TO AMEND THE RORIPAUGH RANCH SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION FOR PLANNING AREA 33B FROM LOW DENSITY RESIDENTIAL (L) TO OPEN SPACE (OS) TO ACCOMMODATE PARK AND RIDE AND TRAIL HEAD USES, AND TO RELOCATE THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B, GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 17, 2002, the City Council of the City of Temecula adopted an approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298 (General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230 (Tentative Tract Map 29353); B. On January 11, 2005, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan Amendment No. 1 (PA04-0371) to change Planning Area 7B from Open Space (OS) to Low Medium Residential (LM), Planning Area 10 from Low Density Residential (L) to Low -Estate Residential (L-E) , and make other changes to the Roripaugh Ranch Specific Plan; C. On November 9, 2005, Ashby USA, LLC, filed Planning Application No. PA04- 0341, Specific Plan Amendment No. 2 to change the land use designation for Planning Area 336 from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ("Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines ("Project'); D. Ashby USA, LLC, filed Planning Application No. PA06-0009, General Plan Amendment to change the General Plan land use designation for Planning Area 33B of the Roripaugh Ranch Specific Plan from Low Density Residential (L) to Open Space (OS); E. The Project was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; F. The Planning Commission considered the Application on February 1, 2006, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\DRAFT CC ORDINANCE SP.doc G. At the conclusion of the Commission hearings and after due consideration of the testimony, the, Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; H. The City Council considered the Application on February 14, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; I. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application, approved a Notice of Determination after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; J. That the City Council, in approving the Application, hereby makes the following findings as required in Chapter 17.16.020.E of the Temecula Municipal Code: Section 17.16.020.E 1-4 The Specific Plan amendment is consistent with the general plan. Planning Application No. PA06-0009 is a General Plan Amendment to change the General Plan land use designation for Planning Area 33B of the Roripaugh Specific Plan from Low Density Residential (L) to Open Space (OS). The proposed Specific Plan Amendment to change the Specific Plan land use designation for Planning Area 33B would be consistent with the General Plan. The relocation of the park and ride facility from Planning Area 11 (commercial designation) to Planning Area 33B (proposed as open space) is consistent with the General Plan goals for providing alternative transportation facilities, additional economic development opportunities and ensuring neighborhood compatibility. The park and ride facility relocation will allow for additional commercial land area within Planning Area 11 for development. The facility design will be reviewed to ensure it is compatible with adjacent residential uses. The Roripaugh Ranch Specific Plan includes specific requirements to be provided at the facility. The subject site in Planning Area 33B is physically suitable for the park and ride, and trail head uses that will be developed on the site. Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The City Council finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - specific Plan Amend\Planning\DRAFT CC ORDINANCE SP.doc mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental El is required and the directs the Director of Community Development to file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Specific Plan. The City Council of the City of Temecula hereby approves the Specific Plan Amendment known as the Roripaugh Ranch Specific Plan Amendment No. 2 as shown on Exhibit A (the Roripaugh Ranch Specific Plan Amendment No.2), on property locate near the future intersection of Murrieta Hot Springs Road and Butterfield Stage Road. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-— was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of February, 2006 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - specific Plan Amend\Planning\DRAFT CC ORDINANCE SP.doc ATTACHMENT NO.7 DRAFT CC ORDINANCE 06- DEVELOPMENT AGREEMENT AMENDMENT G:\Plamung\2005\PA05-0341 Rodpaugh Park & Ride reloc - Specific Plan Amend\PLwning\Tem Roripaugh PC Staff Report.DOC 11 DRAFT CC ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SECTION 4.1.6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHOLDS RELATIVE TO THE CONSTRUCTION OF THE FIRE STATION IN TRACT 29353," LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN AREA, NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD, AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD (PLANNING APPLICATION PA05-0404)" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Ashby USA LLC, filed Planning. Application No. PA05-0404, Development Agreement Amendment for the property consisting of approximately 805 acres generally located near the future intersections of Nicholas Road and Butterfield Stage Road, and Murrieta Hot Springs Road and Butterfield Stage Road, generally known as the Roripaugh Ranch Specific Plan No. 11 ("Project"); B. The application for the Project was processed and an environmental review was conducted as required by law, including the California Environmental Quality Act; C. The Planning Commission of the. City of Temecula held a duly noticed public hearing on February 1, 2006 to consider the application for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-_ recommending the City Council approve of a Development Agreement Amendment; E. On 2006 and 2006, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters; F. The development agreement amendment, is consistent with the goals and policies of the approved Roripaugh Ranch Specific Plan and Development Agreement, and the proposed development agreement amendment would further the City's long-term economic development goals; Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement G:\Planning\2005\PA05-0404�Planning\DRAPP CC ORDINANCE DA.doc 1 ("EIR"). The City Council finds, determines and declares, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the First Amendment to the Development Agreement and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required under Sections 15161 and 15162 of the CEQA Guidelines and the Council directs the Director of Community Development to file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Approval. The City Council of the City of Temecula hereby approves that certain agreement entitled "First Amendment to Development Agreement between the City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan)" and authorizes the Mayor to execute the First Amendment in substantially the form attached as Exhibit A to this Ordinance. Section 4. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28`h day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] G:IPlanning\2005\PA05-0404\Planning\DRAFP CC ORDINANCE DA.doc 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14`h day of February, 2006 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28`h day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk G:\Planning\2005\PA05-0404\P1aming\DRAFr CC ORDINANCE DA.doc 3 ATTACHMENT NO. 8 DRAFT CC RESOLUTION 06- REVISED MITIGATION MONITORING PROGRAM G:Tlanning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan AmendTlanningUem Roripaugh PC Staff Report.DOC 12 DRAFT CC RESOLUTION NO. 06- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MODIFICATIONS TO THE TRANSPORTATION SECTION OF THE MITIGATION MONITORING PROGRAM APPROVED WITH THE RORIPAUGH RANCH SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (PLANNING APPLICATION NO. PA94-0076) REGARDING THE RELOCATION OF THE PARK AND RIDE FACILITY FROM PLANNING AREA 11 TO PLANNING AREA 33B", GENERALLY LOCATED NEAR THE FUTURE INTERSECTIONS OF MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD AND NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 17, 2002, the City Council of the City of Temecula adopted an approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298 (General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230 (Tentative Tract Map 29353); B. On January 11, 2005, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan Amendment No. 1 (PA04-0371) to change Planning Area 7B from Open Space (OS) to Low Medium Residential (LM), Planning Area 10 from Low Density Residential (L) to Low -Estate Residential (L-E) , and make other changes to the Roripaugh Ranch Specific Plan; C. On November 9, 2005, Ashby USA, LLC, filed Planning Application No. PA04- 0341, Specific Plan Amendment No. 2 to change the land use designation for Planning Area 336 from Low Density Residential (L) to Open Space (OS) to accommodate park and ride and trail head uses, and to relocate the park and ride facility from Planning Area 11 to Planning Area 33B ("Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines ("Project'); D. The Project results in changes to the Transportation Section of the Mitigation Monitoring Report prepared for the Roripaugh Ranch Specific Plan Environmental Impact Report regarding the location of the Park and Ride facility; E. The Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; F. The Planning Commission considered the Application on February 1, 2006, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; GAPlanning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\DRAFT CC RESOLUTION MMP.doc 1 G. At the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; H. The City Council considered the Application on February 14, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; I. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application, approved a Notice of Determination after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended. Section 2. Environmental Compliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The City Council finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Specific Plan Amendment (No. 2) to the Roripaugh Specific Plan and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the directs the Director of Community Development to file a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Mitigation Monitoring Program. The City Council of the City of Temecula hereby adopts the revisions to the Roripaugh Ranch Specific Plan EIR Mitigation Monitoring Program, as set forth in Exhibit A. GAPlanning\2005\PA05-0341 Roripaugh Park & Ride reloc - Speo'rfic Plan Amend\Planning\DRAFT CC RESOLUTION MMP.doc 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14`h day of February, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06- was duly adopted and passed at a regular meeting of the City Council on the 141h day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\Planning\DRAFT CC RESOLUTION MMP.doc 3 ATTACHMENT NO. 9 RORIPAUGH RANCH SPECIFIC PLAN AREA REFERENCE MAP G:\Planning\2005\PA05-0341 Roripaugh Park & Ride reloc - Specific Plan Amend\PlanningUem Roripaugh PC Staff Report.DOC 13 COUNTY SOUTHWEST AREA PLAN DESIGNATION CITY LIMITS - RR Rural Residential (<0.2 du/ac) V L Very Low Residential (0.4-2.0 du/ac) A Agriculture LM Low Medium Residential (L2-14du/ac) CH Conservation Habitat PF Public Facilities SP Specific Plan (Rancho Bella Vista) SP Specific Plan (Roripaugh Ranch Panhandle) VL Very Low Density (0.4-2.0 du/ac) OS Open Space L Low Density (2.0-5.0 du/ac) PROJECT SITE M Medium Density (5.0-8.0 du/ac) BP Business Park CC CommunityCenter OS-R Open Space - Recreation RC Retail Commercial PF Public Facilities The Keith Companiesj.0 / ® _= s,_:K_ Roripaugh Ranch ATTACHMENT NO. 10 APPLICANT'S JUSTIFICATION LETTERS GAIPlanning\20051PA05-0341 Roripaugh Pak & Ride reloc - Specific Plata Amend\Planning\Tem Roripaugb PC Staff Report.DOC 14 Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 Phone: 961.699.2338 Fax: 951.604.4474 matthewfagan(cDadelphia.net January 3, 2006 Mrs. Cheryl Kitzerow, Associate Planner Mr. Matt Peters, Associate Planner City of Temecula Community Development Department - Planning Division 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: Deal Point Letter for Planning Application No. PA05-0404 (Roripaugh Ranch Development Agreement Amendment) Dear Cheryl & Matt: Pursuant to the Initial Submittal Requirements for the Development Agreement Amendment (DAA) Application, this letter shall serve to specify the deal points to be considered by the City of Temecula for the above referenced DAA. The primary deal point is as follows: "Amend the Development Agreement to revise Section 4.1.6.c of the Development Agreement to change the thresholds required for issuance of building permits under the Fire Chiefs discretion based on the status of the Roripaugh Fire Station construction and access to the Fire Station and Murrieta Springs Road)." Please contact me or Peter Olah @ 909.208.2971 if you have any questions or comments. Thank you. 4 MJ�IYA Matthew Faga Cc: Peter Olah Roripaugh Ranch General Plan Amendment— Justification January, 2006 The General Plan Amendment (GPA) application has been filed because the Park and Ride Facility, slated for Planning Area 10 (PA10) is being re -located to Planning Area 33B (PA3313) through Specific Plan Amendment No. 2 (SPA No. 2). This necessitates the changing of the land use designation within the Roripaugh Ranch Specific Plan for PA 33B from L (Low Density Residential) to O-S (Open Space) which reflects this change in land use. The General Plan Land Use designation for the area covered by PA33B is currently L (Low Density Residential) and will need to be changed to O-S (Open Space) prior to adoption of SPA No. 2 in order to allow the City to make the necessary consistency findings between the GPA and SPA No. 2. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC (RORIPAUGH RANCH SPECIFIC PLAN) This First Amendment to Development Agreement is made and entered into as of February 14, 2006, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), ASHBY USA, LLC, a California limited liability company, DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company, TANAMERA/RORIPAUGH, LLC, a California limited liability company, TANAMERA/RORIPAUGH II, LLC, a California limited liability company, and TRADITIONS AT RORIPAUGH, LLC (collectively "OWNER") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties hereto agree as follows: 1. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: a. The Development Agreement between the City of Temecula and 799862.7 2/13/06 Ashby USA, LLC (also known as the "Preannexation and Development Agreement") was approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside ("Development Agreement"). b. The real property which is subject to the Development Agreement and this First Amendment is generally known as the Roripaugh Ranch Project and is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full ("Property"). C. On October 21, 2004, the City and the Developer entered into that certain "First Operating Memorandum to the Recorded Development Agreement between the City of Temecula and Ashby USA (Roripaugh Ranch Project)" pursuant to Section 3.55 of the Development Agreement ("First Operating Memorandum"). The First Operating Memorandum was recorded as Document No. 2004-087441 in the Official Records of the County of Riverside on November 3, 2004. The First Operating Memorandum provides additional funding for the construction of the permanent fire station described in Section 4.1.6 which fire station is necessary to provide fire protection for the Project. Accordingly, an amendment to the Development Agreement is required in order to increase the number of homes that can be built during construction of the permanent fire station. d. On September 23, 2003, the CITY and Ashby USA LLC entered into that certain "Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29353-2 (Roripaugh Ranch Specific Plan)" ("Deferral Agreement"). The Deferral Agreement was recorded as Document No. 2003- 744646 in the Official Records of the County of Riverside on September 24, 2003. Said Deferral Agreement provides for the deferral of certain obligations with respect to the development of the Property. e. Portions of the Property have been sold to merchant builders who have taken their properties subject to the rights and obligations of the Development Agreement. The merchant builders are: DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company; TANAMERA/RORIPAUGH, LLC, a California limited liability company, TANAMERA/RORIPAUGH II, LLC, a California limited liability company, and TRADITIONS AT RORIPAUGH, LLC, a California limited liability company ("Merchant Builders"). The Merchant Builders have by separate agreement, to which the CITY is not a party, designated Ashby USA LLC as the OWNERS' agent to complete the public improvements required by the Development Agreement and the Conditions of Approval of the Land Use Entitlements for the Project. OWNERS warrant and represent to the City that all persons have an ownership interest or other interest in the Property have executed it as a party or have signed the Consent and Subordinantion attached hereto and, further, no other persons are required to approve this First Amendment. f. Section 4.1.6 of the Development Agreement provides that only 107 building permits for residential units may be issued for Planning Areas 1 A, 2, and 3 799862.7 2/13/06 2 until the permanent fire station which will serve the Project ("Fire Station") is constructed but that the Fire Chief of the City of Temecula may, in his sole discretion, issue up to 250 total residential units on Planning Areas 1A, 2, 3, 4A and 4B so long as the permanent fire station and the Secondary Access as defined in Attachment 5, are substantially under construction. g. The additional funding for the permanent fire station provided in the First Operating Memorandum, has enabled the City to accelerate the construction of the permanent fire station. The Temecula Fire Chief has now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction of the permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions of Approval for the Project are fulfilled. The Fire Chief has further determined that no more than 515 units with the Project be served until such time as the "Secondary Access," as described in Attachment 5 to the Development Agreement and permanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road have been completed. h. It is the intent of the parties in entering into this First Amendment to the Development Agreement that the limitations on the schedule for issuance of building permits necessitated by the availability of fire protection be modified given the current construction of the permanent fire station and fire station access, but that other limitations on the issuance of building permits necessitated by other impacts remain in place as provided in the Development Agreement and the Conditions of Approval. i. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 1, 2006 and by Resolution No. 06- recommended to the City Council that this First Amendment be approved. j. On February 14, 2006, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Negative Declaration and the proposed First Amendment. Ordinance No. 06- introduced on February 14, 2006 and adopted on February 28, 2006 approved this First Amendment. 2. Section 4.1.6, Fire Service Improvements, of the Development Agreement is hereby amended to read as follows: "4.1.6 Fire Service Improvements. The following shall satisfy OWNER'S obligations regarding this component. "a. Conveyance of Land. On or before the thirtieth (30") calendar day after the Annexation Date of this Agreement, OWNER accomplish the following: "1. Fee simple title shall be conveyed to CITY, free and clear of all liens and matters of record; 799862.7 2/13/06 662. OWNER shall provide CITY a CLTA insurance policy insuring CITY's title to the Station Site in an amount equal to the fair market value of the Station Site. 663. The parcel shall have not less than one and one-half (1.5) acre of flat land usable for development as a CITY fire station. In no event shall the site be in excess of three (3) gross acres. 664. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, the OWNER has conveyed the fire station property to the CITY as required by subsections a.l to a.3. "b. Grading. Prior to the issuance of the first (Vt ) building permit, OWNER shall rough grade the parcel. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has graded the Fire Station site. "c. Construction. Pursuant to Section 4.1.3.1 OWNER shall tender the sum of Two Million Dollars ($2,000,000.00) and CITY shall accept the money from OWNER for the purpose of CITY's design and construction of a fire station and acquisition of title to a fire truck of CITY's sole selection. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has transferred the $2 million to the CITY pursuant to this subsection. "d. Issuance of 515 Building Permits. 66 1. As of the date of the First Amendment to the Development Agreement: (1) OWNER has paid to the City the sum of $2 million pursuant to Section 4.1.5 c. of this Agreement; (2) OWNER has paid the additional sum of $1.1 million to the City for the construction of the permanent fire station pursuant to Section 1 of the First Operating Memorandum; (3) CITY has approved plans and specifications for the permanent fire station ("Fire Station"); (4) City has let a contract for construction of the permanent Fire Station; and (5) the permanent Fire Station is under construction. 442. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, up to a maximum of five hundred fifteen (515) residential building permits for Planning Areas 1A, 2, 3, 4A and 4B shall be issued upon a finding by the City Manager that: (1) the permanent fire station is substantially under construction; (2) permanent access to the Fire Station via Butterfield Stage Road and Murrieta Hot Springs Road is substantially under construction so as to be completed concurrent with the opening of the Fire Station; (3) Access to the Fire Station via Calle Chapos between the Fire Station's eastern most driveway and Walcott Lane will be completed concurrent 799862.7 2/13/06 4 with the opening of the Fire Station; and (4) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. If the conditions described in clauses (1) and (4) of this subsection have been fulfilled, but the conditions described in clauses (2) and (3) of this subsection has not been fulfilled, then the City Manager shall not issue more than one hundred seven (107) building permits until such time as all conditions described in this subsection have been fulfilled. 663. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, no more than five hundred fifteen building permits for the Project shall be issued until such time as: (1) the Secondary Access, as defined in Attachment 5 to the Development Agreement is completed; (2) permanent access on Murrieta Hot Springs Road and Butterfield Stage Road to the Fire Station are complete; and (3) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. "e. Fire Station Construction Street Improvements. OWNER shall, subject to final review and Acceptance by CITY, construct the street improvements adjacent to the Fire Station in conformance with the conditions set forth in Attachment 5 to this Agreement and subject to the CITY's approved street improvement plans for the public street(s) which are immediately adjacent to the Fire Station. OWNER shall commence and complete the street improvements, including but not limited to, asphalt concrete travel lanes, concrete curb and gutter, sidewalk per Specific Plan and right-of-way landscaping as required by CITY. The improvements described in this Section shall be completed not less than thirty (30) calendar days prior to the date the CITY will place the Fire Station in full operation. Owner hereby grants a license to the City over or through its property adjacent to the Fire Station for the purposes of allowing access to the Fire Station for construction and operation of the Fire Station which license shall terminate upon the acceptance of the streets adjacent to the Fire Station into the City -maintained street system. City and Owner may fulfill the access requirement by entering into a separate license agreement with specific details of the rights and obligations of the parties. "f. DIF Component Release. Upon the funding of the public finance district or other financing mechanism and CITY's ability to utilize such monies for construction of a permanent fire station as described in Section 4.1.6, and the Acceptance of title to the site, then OWNER's further obligations to pay the Fire Component of the DIF will be credited by CITY, and CITY shall not impose restrictions on building permit issuance based upon nonpayment of the Fire Component of the DIF. 799862.7 2/13/06 "g. Limitation on Participation. The OWNER agrees to not participate in the design or construction of the Fire Station, even if it is funded by a public financing district. However, to ensure architectural compatibility with future development, CITY agrees to allow OWNER's architect to coordinate with the architect hired by CITY for the sole purpose of providing input into the architectural themes of the exterior to the fire station." 3. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect. 4. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof, except for the First Operating Memorandum, the Deferral Agreement, and First Amendment to the Deferral Agreement are merged into this Agreement and shall be of no further force or effect. 5. This First Amendment shall not be effective and shall not be recorded until such time as each owner of the Property has duly executed this First Amendment to Development Agreement and all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed the Consent and Subordination attached hereto. 799862.7 2/13/06 6 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Ron Roberts Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 799862.7 2/13/06 7 ASHBY USA, LLC, a California limited liability company By: Ashby Development Co., Inc., its Managing Partner Justin K. Ashby President By: USA Investment Partners, LLC, a Nevada limited liability company, its member By: USA Commercial Mortgage Company, a Nevada corporation, its non -Member Manager. By: Joseph D. Milanowski President 799862.7 2/13/06 DAVIDSON RORIPAUGH RANCH 122, LLC Name: Title: Name: Title: 799862.7 2/13/06 TANAMERA/RORIPAUGH, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: USA Investors II, LLC a Nevada limited liability company Its: Manager By: Twinleaf Homes, LLC a California limited liability company Its: Managing Member Kenneith V. Rose II Its: Managing Member 799862.7 2/13/06 10 TANAMERA/RORIPAUGH II, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: USA Investors II, LLC a Nevada limited liability company Its: Manager By: Twinleaf Homes, LLC a California limited liability company Its: Managing Member Kenneith V. Rose II Its: Managing Member 799862.7 2/13/06 11 TRADITIONS AT RORIPAUGH, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: USA Investors II, LLC a Nevada limited liability company Its: Manager By: Twinleaf Homes, LLC a California limited liability company Its: Managing Member IM Kenneith V. Rose II Its: Managing Member 799862.7 2/13/06 12 LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 1. _ ("Lender") holds a security interest in a portion of the Property described in the First Amendment to Development Agreement set forth above between Ashby USA, LLC, a California limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City"). 2. Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the First Amendment to the Development Agreement. 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and the First Amendment to the Development Agreement and in recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the First Amendment to the Development Agreement and their recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the First Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: 799862.7 2/13/06 13 IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of February , 2006. Lender: Name: Title: Name: Title: 799862.7 2/13/06 14 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 799862.7 2/13/06 15 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC (RORIPAUGH RANCH SPECIFIC PLAN) This First Amendment to Development Agreement is made and entered into as of February 14, 2006, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), ASHBY USA, LLC, a California limited liability company, DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company, TANAMERA /RORIPAUGH, LLC, a California limited liability company, TANAMERA /RORIPAUGH II, LLC, a California limited liability company, and TRADITIONS AT RORIPAUGH, LLC (collectively "OWNER") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties hereto agree as follows: 1. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: a. The Development Agreement between the City of Temecula and 4PP962.6799862.7 2/413 06 Ashby USA, LLC (also known as the "Preannexation and Development Agreement") was approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside ("Development Agreement"). b. The real property which is subject to the Development Agreement and this First Amendment is generally known as the Roripaugh Ranch Project and is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full ("Property"). C. On October 21, 2004, the City and the Developer entered into that certain "First Operating Memorandum to the Recorded Development Agreement between the City of Temecula and Ashby USA (Roripaugh Ranch Project)" pursuant to Section 3.55 of the Development Agreement ("First Operating Memorandum"). The First Operating Memorandum was recorded as Document No. 2004-087441 in the Official Records of the County of Riverside on November 3, 2004. The First Operating Memorandum provides additional funding for the construction of the permanent fire station described in Section 4.1.6 which fire station is necessary to provide fire protection for the Project. Accordingly, an amendment to the Development Agreement is required in order to increase the number of homes that can be built during construction of the permanent fire station. d. On September 23, 2003, the CITY and Ashby USA LLC entered into that certain "Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29353-2 (Roripaugh Ranch Specific Plan)" (`Deferral Agreement"). The Deferral Agreement was recorded as Document No. 2003- 744646 in the Official Records of the County of Riverside on September 24, 2003. Said Deferral Agreement provides for the deferral of certain obligations with respect to the development of the Property. e. Portions of the Property have been sold to merchant builders who have taken their properties subject to the rights and obligations of the Development Agreement. The merchant builders are: DAVIDSON RORIPAUGH RANCH 122, LLC, a California limited liability company; TANAMERA /RORIPAUGH, LLC, a California limited liability company, TANAMERA/RORIPAUGH II LLC, a California limited liability company, and 'T' ^"T^ ^ aTRADITIONS AT RORIPAUGH-44, LLC, a California limited liability company (`Merchant Builders"). The Merchant Builders have by separate agreement, to which the CITY is not a party, designated Ashby USA LLC as the OWNERS' agent to complete the public improvements required by the Development Agreement and the Conditions of Approval of the Land Use Entitlements for the Project. OWNERS warrant and represent to the City that all persons have an ownership interest or other interest in the Property have executed it as a party or have signed the Consent and Subordinantion attached hereto and, further, no other persons are required to approve this First Amendment. f. Section 4.1.6 of the Development Agreement provides that only 107 building permits for residential units may be issued for Planning Areas 1A, 2, and 3 4PP962.6799862.7 2/413/06 2 until the permanent fire station which will serve the Project ("Fire Station") is constructed but that the Fire Chief of the City of Temecula may, in his sole discretion, issue up to 250 total residential units on Planning Areas 1A, 2, 3, 4A and 4B so long as the permanent fire station and the Secondary Access as defined in Attachment 5, are substantially under construction. g. The additional funding for the permanent fire station provided in the First Operating Memorandum, has enabled the City to accelerate the construction of the permanent fire station. The Temecula Fire Chief has now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction of the permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions of Approval for the Project are fulfilled. The Fire Chief has further determined that no more than 515 units with the Project be served until such time as the "Secondary Access," as described in Attachment 5 to the Development Agreement and permanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road have been completed. h. It is the intent of the parties in entering into this First Amendment to the Development Agreement that the limitations on the schedule for issuance of building permits necessitated by the availability of fire protection be modified given the current construction of the permanent fire station and fire station access, but that other limitations on the issuance of building permits necessitated by other impacts remain in place as provided in the Development Agreement and the Conditions of Approval. i. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 1, 2006 and by Resolution No. 06- recommended to the City Council that this First Amendment be approved. j. On February 14, 2006, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Negative Declaration and the proposed First Amendment. Ordinance No. 06- introduced on February 14, 2006 and adopted on February 28, 2006 approved this First Amendment. 2. Section 4.1.6, Fire Service Improvements, of the Development Agreement is hereby amended to read as follows: "4.1.6 Fire Service Improvements. The following shall satisfy OWNER's obligations regarding this component. "a. Conveyance of Land. On or before the thirtieth (30a') calendar day after the Annexation Date of this Agreement, OWNER accomplish the following: 111. Fee simple title shall be conveyed to CITY, free and clear of all liens and matters of record; 4PP962.6799862.7 2/413 06 "2 OWNER shall provide CITY a CLTA insurance policy insuring CITY's title to the Station Site in an amount equal to the fair market value of the Station Site. "3 The parcel shall have not less than one and one-half (1.5) acre of flat land usable for development as a CITY fire station. In no event shall the site be in excess of three (3) gross acres. "4. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, the OWNER has conveyed the fire station property to the CITY as required by subsections a.1 to a.3. "b. Grading. Prior to the issuance of the first (I" ) building permit, OWNER shall rough grade the parcel. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has graded the Fire Station site. "c. Construction. Pursuant to Section 4.1.3.1 OWNER shall tender the sum of Two Million Dollars ($2,000,000.00) and CITY shall accept the money from OWNER for the purpose of CITY's design and construction of afire station and acquisition of title to afire truck of CITY's sole selection. CITY acknowledges that as of the date of the First Amendment to the Development Agreement, OWNER has transferred the $2 million to the CITY pursuant to this subsection. "d. Issuance of 515 Building Permits. 111. As of the date of the First Amendment to the Development Agreement: (1) OWNER has paid to the City the sum of $2 million pursuant to Section 4.1.5 c. of this Agreement; (2) OWNER has paid the additional sum of $1.1 million to the City fnthe construction of the permanent fire station pursuant to Section 1 of the First Operating Memorandum; (3) CITY has approved plans and specifications for the permanent fire station ("Fire Station"); (4) City has let acontract for construction of the permanent Fire Station; and (5) the permanent Fire Station is under construction. "2 With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, up to a maximum of five hundred fifteen (515) residential building permits for Planning Areas IA, 2, 3, 4A and 4B shall be issued upon a finding by the City Manager that: (1) the permanent fire station is substantially under construction; (2) permanent access to the Fire Station via Butterfield Stage Road and Murrieta Hot Springs Road is substantially under construction so as to be completed concurrent with the opening of the Fire Station; (3) Access to the Fire Station via Calle Chapos between the Fire Station's eastern most driveway and Walcott Lane will be completed concurrent 4PP962.6799862.7 2/413/06 4 with the opening of the Fire Station; and (4) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. If the conditions described in clauses (1) and (4) of this subsection have been fulfilled, but the conditions described in clauses (2) and (3) of this subsection has not been fulfilled, then the City Manager shall not issue more than one hundred seven (107) building permits until such time as all conditions described in this subsection have been fulfilled. "3. With respect to limitations on the issuance of building permits necessitated by the availability of fire protection, no more than five hundred fifteen building permits for the Project shall be issued until such time as: (1) the Secondary Access, as defined in Attachment 5 to the Development Agreement is completed; (2) permanent access on Murrieta Hot Springs Road and Butterfield Stage Road to the Fire Station are complete; and (3) all other requirements of the Development Agreement and Conditions of Approval of the Land Use Entitlements of the Project for the issuance of the building permits have been fulfilled. "e. Fire Station Construction Street Improvements. OWNER shall, subject to final review and Acceptance by CITY, construct the street improvements adjacent to the Fire Station in conformance with the conditions set forth in Attachment 5 to this Agreement and subject to the CITY's approved street improvement plans for the public street(s) which are immediately adjacent to the Fire Station. OWNER shall commence and complete the street improvements, including but not limited to, asphalt concrete travel lanes, concrete curb and gutter, sidewalk per Specific Plan and right-of-way landscaping as required by CITY. The improvements described in this Section shall be completed not less than thirty (30) calendar days prior to the date the CITY will place the Fire Station in full operation. Owner hereby grants a license to the City over or through its property adjacent to the Fire Station for the purposes of allowing access to the Fire Station for construction and operation of the Fire Station which license shall terminate upon the acceptance of the streets adjacent to the Fire Station into the City -maintained street system. City and Owner may fulfill the access requirement by entering into a separate license agreement with specific details of the rights and obligations of the parties. "f. DIF Component Release. Upon the funding of the public finance district or other financing mechanism and CITY's ability to utilize such monies for construction of a permanent fire station as described in Section 4.1.6, and the Acceptance of title to the site, then OWNER's further obligations to pay the Fire Component of the DIE will be credited by CITY, and CITY shall not impose restrictions on building permit issuance based upon nonpayment of the Fire Component of the DIF. 4PP962.6799862.7 2/413 06 "g. Limitation on Participation. The OWNER agrees to not participate in the design or construction of the Fire Station, even if it is funded by a public financing district. However, to ensure architectural compatibility with future development, CITY agrees to allow OWNER's architect to coordinate with the architect hired by CITY for the sole purpose of providing input into the architectural themes of the exterior to the fire station." 3. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect. 4. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof, except for the First Operating Memorandum, the Deferral Agreement, and First Amendment to the Deferral Agreement are merged into this Agreement and shall be of no further force or effect. This First Amendment shall not be effective and shall not be recorded until such time as each owner of the Property has duly executed this First Amendment to Development Agreement and all persons with an interest in the Property, or holding a deed of trust in the Property or a portion of the Property, have duly executed the Consent and Subordination attached hereto. 4PP962.6799862.7 2/413/06 6 IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Ron Roberts Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 4PP962-6799862.7 2/413/06 7 ASHBY USA, LLC, a California limited liability company By: Ashby Development Co., Inc., its Managing Partner Justin K. Ashby President By: USA Investment Partners, LLC, a Nevada limited liability company, its member By: USA Commercial Mortgage Company, a Nevada corporation, its non -Member Manager. Joseph D. Milanowski President 4PP962-6799862.7 2/413 06 DAVIDSON RORIPAUGH RANCH 122, LLC Name: Title: Name: Title: 4PP962-6799862.7 2/413/06 9 TANAMERA/RORIPAUGH, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: USA Investors II, LLC a Nevada limited liability company Its: Manager By: Twinleaf Homes, LLC a California limited liability company Its: Managing Member Kenneitb V. Rose II Its: Managing Member 4PP962-6799862.7 2/413/06 10 TANAMERA/RORIPAUGH II, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: USA Investors II, LLC a Nevada limited liability company Its: Manager Homes, LLC By: Twinleaf a California limited liability company Its: Managing Member C Kenneith V. Rose II Its: Managing Member 4PP96 -41 9� 2/413/06 11 TRADITIONS AT RORIPAUGH, LLC A CALIFORNIA LIMITED LIABILITY COMPANY By: USA Investors II, LLC a Nevada limited liability company Its: Manager By: Twinleaf Homes, LLC a California limited liability company Its: Managing Member Kenneith V. Rose II Its: Managing Member 4PP962-6799862.7 2/413/06 12 LENDER'S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENT AND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 1. ("Lender") holds asecurity interest in a portion of the Property described in the First Amendment to Development Agreement set forth above between Ashby USA, LLC, a California limited liability company ("Owner"), and the CITY OF TEMECULA, a municipal corporation ("City"). 2. Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner's land use entitlements for the Property and provide significant benefits to the Owner and to the Property as well as vesting Owner's land use entitlements pursuant to the terms of the Development Agreement and the First Amendment to the Development Agreement. 3. In consideration of the rights and benefits conferred upon the Owner by the terms of the Development Agreement and the First Amendment to the Development Agreement and Eke and recognition of the accrual of those benefits to the Lender in the event Lender takes possession of the Property, Lender hereby consents to the Development Agreement and the First Amendment to the Development Agreement and their recordation and further agrees that Lender's interests in the Property are subject to, and made subordinate to, the rights and interests of the City as set forth in the Development Agreement and the First Amendment to the Development Agreement. 4. The City agrees to provide notice of any default to Lender pursuant to Section 10 of the Development Agreement at the following address: 4PP962.6799862.7 2/413/06 13 IN WITNESS WHEREOF the Lender has executed this Consent and Subordination as of February , 2006. Lender: Name: Title: Name: Title: 4PP962-6799862.7 2/413/06 14 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 4PP96 4799862.7 2/413/06 15 Document comparison done by DeltaView on Monday, February 13, 2006 10:20:13 AM Input: Document 1 iMa nage DeskSite://RWG LA DMS 1 /RWG I MAN 1 /799862/6 Document iManageDeskSite://RWGLADMS1/RWGIMAN1/799862/7 Rendering set standard L Insertion pahAiett r Moved to Style change Format change n R,..,xoxore4-44 feff Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 8 Deletions 6 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 14 REQUESTS TO SPEAK City Council Meeting 02/14/06 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. 70�a <<c CMM�C�j S For Against Subject: — n CrQ tc CIf2Cu<r,\-"filonJ Name: ` f Iz� �tff ►J Phone: ! /V Address:_ City/State/Zip: 4il'\QCAC c Gl Q If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date -x C -- I wish to speak on Agenda Item For Against Subject: Name: -:�:i-,A ,) ✓` ) —, Phone:— Address: City/State/Zip: If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date _ 2�i IX " For V Subject: Ilk I wish to speak on Agenda Item No. 2, Z. Against Address:) % City/State/Zip: i If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. DOCUMENTS SUBMITTED FOR THE RECORD O-14-Cc MCEIVEG rr)-� FEB 0 9 2006 February4, 2006 STY MANAGER'S OFFICE City of Temecula cc: Gary Thornhill City Council 43200 Business Park Drive Temecula, CA 92590 Case No.: Planning Appl# PA06-0009 General Plan Amendment Planning Appl# PA05-0341, Specific Plan Amendemnt No. 2 And PA05-0404, Development Agreement Amendment for Roripaugh Ranch Dear City Council of Temecula, We are opposed to the part of the Proposal. We do not want to see the park and ride facility move from Planting Area 11 (Butterfield Stage Road/Murrieta Hot Springs Road) to Planning Area 33B (Nicolas Road/Butterfield Stage Road). Murrieta Hot Springs Road is a four lane, paved road. It is better equipped to handle the traffic. Commuters can continue straight on Murrieta Hot Springs Road and pick up either the 15 or 215 freeways, North and South. They can by-pass Winchester Road altogether. With French Valley under almost full construction, eliminating more Winchester Road traffic would be prudent. At the proposed location, Nicolas Road is a two lane, partly dirt road. Nicolas is handling more traffic than ever before. As it stands, with more houses with more high school students, the car traffic will triple on the way to Chaparral High School. Having new commuters use Nicolas will over -load the road, congesting Winchester Road unnecessarily when Murrieta Hot Springs Road is more suitable. Currently the intersection of Nicolas and Winchester Roads has traffic backed up several blocks on Nicolas Road every morning that the high school is in session. Add more cars, and the line will be even blocks longer. Bear in mind, development of the Henry's and Rite Aid and other stores is underway at this same intersection, complicating the situation even more. In summary, we feel the original proposal and location of the park and ride is best suited. Sincerely,