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Home My WebLink About032806 CC Agenda In compliance with the Americans vvith 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 ",II 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 MARCH 28, 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 required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 06-04 Resolution: 06-28 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Motif Invocation: Pastor Larry Koger of Hope Lutheran Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTA TIONS/PROCLAMA TIONS Certificate of Appreciation for David Mathewson 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 text of all ordinances and resolutions included in the agenda. 2 Resolution approvinq 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 Amendment #3 to Loan Aqreement with Bovs and Girls Club of Southwest County. Providinq for Termination of the Current Loan Aqreemeni. (At the request of Mavor Pro Tem Washinqton and Council Member Comerchero) RECOMMENDATION: 3.1 Approve Amendment NO.3 to the City's Agreement with the Boys and Girls Club of Southwest County that would provide for termination of the current loan agreement; 3.2 Approve an appropriation of $248,163 from General Fund Undesignated Fund Balance. 2 4 Rancho California Water District (RCWD) Niqhttime Work for the Installation of the RCWD 1305 Pressure Zone Pipeline Interconnect Project RECOMMENDATION: 4.1 Receive and file. 5 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Bridqe Fencinq at Rancho California Road Overcrossinq Bridqe and Overland Drive Overcrossinq Bridqe at Interstate 15 - Project No. PW05-09 RECOMMENDATION: 5.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing Bridge at Interstate 15- Project No. PW05-09. 6 Parcel Map 30719. Located at the North East Corner of Nicolas Road and Winchester Road RECOMMENDATION: 6.1 Approve Parcel Map No. 30719 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 7 Procurement of Comprise Smart Access Manaqer (SAM) Software for the New Librarv RECOMMENDATION: 7.1 Approve the purchase of the Smart Access Management System from Comprise Technologies, Inc. for the total amount of $55,718.00. 8 Award the Construction Contract for the Pavement Rehabilitation Proqram FY2005-2006 - Diaz Road. Project No. PW05-06 RECOMMENDATION: 8.1 Award a construction contract for Pavement Rehabilitation Program FY 2005/06 - Diaz Road - Project No. PW05-06 - to R.J. Noble Company in the amount of $2,584,080.20 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $258,408.02, which is equal to 10% of the contract amount; 3 8.3 Approve the acceleration of $2,000,040 from the Capital Improvement Budget for the FY 2006-2007 to the current FY2005-2006 budget to cover the construction cost; 8.4 Approve a transfer in the amount of $60,000 from the Pauba Road Improvements Phase II project to the Pavement Rehabilitation Program FY2005-2006. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 06-01 Resolution: No. CSD 06-04 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 9 Ratification of Election Results - Tract Map No. 31344 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7,2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 5 10 Ratification of Election Results - Roripauqh Ranch Specific Plan #11. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7,2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 11 , 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. 6 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 06-01 Resolution: No. RDA 06-03 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 11 Status Update on the Temecula Education Center RECOMMENDATION 11.1 Receive and file. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING Any person may submit written comments to the City Council/Redevelopment Agency 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. 12 Owner Participation Aqreement for Dalton III Mixed Use Affordable Housinq Project RECOMMENDATION 7 12.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND PALOMAR HERITAGE BUILDING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 12.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND PALOMAR HERITAGE BUILDING, LLC, A CALIFORNIA LIMITED COMPANY Recess City Council Meeting RDA DEPARTMENTAL REPORT 13 Redevelopment Departmental Monthlv Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, April 11 , 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. 8 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 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. 14 Proposed Amendment to the Transportation Uniform Mitiqation Fee Ordinance RECOMMENDATION: 14.1 Approve the findings in the 2005 Western Riverside County Transportation Fee Nexus Study; 14.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ESTABLISHING PROCEDURES FOR THE APPROVAL AND COLLECTION OF THE TRANSPORTATION UNIFORM MITIGATION FEE 14.3 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA 15 Business Park Drive RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF BUSINESS PARK DRIVE TO EAST BUSINESS PARK DRIVE AND WEST BUSINESS PARK DRIVE 9 16 Hiqhwav 79 South Street Name Chanqe RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF HIGHWAY 79 SOUTH TO TEMECULA PARKWAY CITY MANAGER REPORT CITY ATTORNEY REPORT DEPARTMENTAL REPORTS 17 Planninq Department Monthlv Report 18 Police Department Monthlv Report 19 Buildinq and Safetv Department Monthlv Report 20 Public Works Department Monthlv Report ADJOURNMENT Next regular meeting: Tuesday, April 11 , 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. 10 City of Temecula Certificate of Appreciation On behalf ofthe City COlmcil and the Citizens of the City of Temecula, To: David Mathewson We would like to take this opportunity to express our sincere gratitude for your many contributions of both time and talent in serving on the Planning Commission. As a member of the Commission for nearly six years, your dedicated service has been greatly appreciated. In Witness Whereof, I have herellllto affixed my hand and official seal this 28th day of March, 2006 Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk ITEM NO.1 ITEM NO.2 Approvals City Attorney Director of Finance City Manager ~ ,.!J/l ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 28, 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 $836,478.70 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 28'h day of March, 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 by the City Council of the City ofTemecula at a meeting thereof, held on the 28th day of March, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk I'Y OF TEMECULA ST OF DEMANDS 03/16/2006 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 03/28/06 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 1193 196 , 1210 280 300 320 330 340 390 GENERAL FUND RDA LOW /MOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "L" LAKEPARKMAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TCSD DEBT SERVICE TOTAL BY FUND: $ 173,876.14 15,297.64 76,657.47 49,522.81 7,186.56 2,286.90 353,268.68 23,678.63 1,218.68 3,641.27 2,917.54 2,251.67 124,674.71 $ $ $ 836,478.70 836,478.70 836,478.70 836,478.70 apChkLst Final Check List Page: 1 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 656 03/09/2006 005460 US BANK TCSD COPs Debt Service Payment 124,674.71 124,674.71 106150 03/13/2006 000609 DOUBLETREE HOTEL Htl:CPRS Conf:3/14-17:Kanigowski 466.41 466.41 106151 03/13/2006 000609 DOUBLETREE HOTEL Htl:CPRS Conf:3/14/06:Harrington 155.47 155.47 106152 03/13/2006 000609 DOUBLETREE HOTEL Htl:CPRS Conf:3/16-19:Zigler 466.41 466.41 106153 03/13/2006 000609 DOUBLETREE HOTEL Htl:CPRS Conf:3/14-18:Wedeking 621.88 621.88 106154 03/13/2006 000609 DOUBLETREE HOTEL Htl:CPRS Conf:3/18/06:Pelletier 155.47 155.47 106155 03/13/2006 001256 MARRIOTT HOTEL Htl:CPRS ConfT Edwards 3/16 & 3/17 288.30 288.30 106156 03/13/2006 001256 MARRIOTT HOTEL Htl:CPRS Conf:F. Hogan 3/16 & 3/17 288.30 288.30 106157 03/16/2006 009743 ACTEK MFG & ENG INC Fire stn 73 equip: Hoist ring 857.90 857.90 106158 03/16/2006 004064 ADELPHIA Mar high speed internet svcs CW 55.95 3/2-4/1 high speed internet svcs TT 46.95 102.90 106159 03/16/2006 008552 ADKINS DESIGN CONSULTING Jan/Feb Comm. Theater logo designs 2,711.23 2,711.23 106160 03/16/2006 009790 AL TA VISTA COMMUNITY ASSOC Refund: Security Depst: CRC 150.00 150.00 106161 03/16/2006 003810 AMERICAN ASSOCIATION OF Membership:Martin Betz 110.00 110.00 MUSEUM 106162 03/16/2006 004240 AMERICAN FORENSIC NURSES Apr 06 Stand-by DUI Drug & Alcohol 600.00 Feb DUI Drug & Alcohol Screening 245.00 845.00 106163 03/16/2006 000747 AMERICAN PLANNING Mb: John DeGange 106351 329.00 329.00 ASSOCIATION 106164 03/16/2006 001587 AMERICAN PUBLIC WORKS Membership: W. Hughes 612062 157.50 157.50 ASSN. 106165 03/16/2006 002187 ANIMAL FRIENDS OF THE Feb 06 Animal control services 12,500.00 12,500.00 VALLEYS Page:1 apChkLst Final Check List Page: 2 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106166 03/16/2006 000101 APPLE ONE INC Temp help PPE 2125 Kasparian 524.16 Temp help PPE 2125 Shelton 436.80 960.96 106167 03/16/2006 002648 AUTO CLUB OF SOUTHERN New Membership: Misty L. Clark 66.00 66.00 CALIF 106168 03/16/2006 002648 AUTO CLUB OF SOUTHERN Membership: R.Tidwell 63295026 46.00 CALIF Membership:R.West 41878414 46.00 92.00 106169 03/16/2006 009789 BAKER, TIFFANY M. Refund:Paid business license-Non-profit 35.00 35.00 106170 03/16/2006 003466 BASKET & BALLOONS TOO! Eco Devel promotional gift baskets 53.88 Eco Devel promotional gift baskets 43.10 96.98 106171 03/16/2006 006690 BEST WESTERN Htl:Explorer Conf:4/16-23:D.Bush 457.80 457.80 106172 03/16/2006 004262 BIO-TOX LABORATORIES Nov DUI Drug & Alcohol Screening 698.26 Nov-Dec DUI Drug & Alcohol Screening 323.68 1,021.94 106173 03/16/2006 005142 BUCKLEY, TIMOTHY Reimb:Fire House Wrld Cf:2121-23 91.71 91.71 106174 03/16/2006 006908 C C & COMPANY INC 1/6 entertainment: High Hopes Prgm 150.00 4/7 Entertainment:High Hopes Prgm 112.50 262.50 106175 03/16/2006 007516 CALIF FIRE EXPLORING ASSN Regist:Ann'l Explorer Conf:4/16-23 1,325.00 1,325.00 106176 03/16/2006 000152 CALIF PARKS & RECREATION Regist:Volunteer Awrd Dinner:3/23/06 70.00 70.00 SOC 106177 03/16/2006 004896 CAPLINGER, DENNIS F. Bluegrass Entertainment:3/18-19 3,500.00 3,500.00 106178 03/16/2006 000131 CARL WARREN & COMPANY INC Oct-Dec 05 Claim adjuster services 926.36 Jan 06 Claim adjuster services 222.72 Feb 06 Claim adjuster services 69.60 1,218.68 106179 03/16/2006 002534 CATERERS CAFE Refreshments:Library design mtg 60.44 60.44 106180 03/16/2006 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 104.46 First aid supplies: Mntc Fac. 35.81 140.27 106181 03/16/2006 009791 CLARK, MISTY Reimb: MSJC penal code class 78.00 78.00 106182 03/16/2006 003151 COMMERCIAL TRANSPORTATION Class A driver's license trng:PW Mntc 3,852.50 3,852.50 SERV Page2 apChkLst Final Check List Page: 3 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106183 03/16/2006 000442 COMPUTER ALERT SYSTEMS Apr-Jun alarm monitoring:City's Fac. 1,734.00 Fire/Security alarm monitoring:Theater 224.85 Install security sys batteries:CRC 86.09 2,044.94 106184 03/16/2006 000447 COMTRONIX OF HEMET hand held mobile radio's parts:PW Mntc 117.73 117.73 106185 03/16/2006 001264 COSTCO WHOLESALE Info System equip:Sanyo SR-4433S 163.86 163.86 106186 03/16/2006 006954 CRAFTSMEN PLUMBING & HVAC Replace boiler ball values:CRC 912.00 912.00 106187 03/16/2006 009545 DC HUBBS CONSTRUCTION Jan prgss:Rnbw Cnyn Guardrail 234,209.56 234,209.56 106188 03/16/2006 007723 DE LA TORRE, MAYRA Reimb:Supervisor's Academy:10/05-2/06 600.00 600.00 106189 03/16/2006 004464 EXXONMOBIL CARD SERVICES City vehicles fuel: City Mgrs 53.86 53.86 106190 03/16/2006 000166 FIRST AMERICAN TITLE Lot Book Report: Alder 75.00 75.00 COMPANY 106191 03/16/2006 004178 FREEDOM SIGNS Fac. Sign Prgm: The Wine Sellers 2,478.25 2,478.25 106192 03/16/2006 000172 GASB Publications:05/06 Annl Bound vol. 420.00 420.00 106193 03/16/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 76.26 76.26 106194 03/16/2006 000175 GOVERNMENT FINANCE Publication:GAAFR Review 5/06-4/07 50.00 50.00 OFFICERS 106195 03/16/2006 003792 GRAINGER Hand dryer sensor:Reagan Sprts Prk 180.75 180.75 106196 03/16/2006 005311 H20 CERTIFIED POOL WATER CRCfTES Feb pool mntc 1,700.00 1,700.00 SPCL. 106197 03/16/2006 001135 HEAL THPOINTE MEDICAL Feb 06 Pre-employment physicals 215.00 215.00 GROUP INC 106198 03/16/2006 003198 HOME DEPOT, THE Res impr prgm: Vidal, Susan 3,175.00 3,175.00 106199 03/16/2006 003198 HOME DEPOT, THE Hardware supplies: City Parks 19.93 19.93 Page:3 apChkLst Final Check List Page: 4 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106200 03/16/2006 001517 HORIZON HEALTH Mar 06 Employee Assistance Prgm 807.93 807.93 106201 03/16/2006 009633 HUB CONSTRUCTION Asphalt Cutter/Hammer: P\N mntc 981.49 981.49 SPECIALTIES 106202 03/16/2006 005683 IS G THERMAL SYSTEMS USA Thermal imaging camera repairs:Fire 740.00 740.00 INC 106203 03/16/2006 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 275.00 275.00 106204 03/16/2006 003860 JOE'S SHEET METAL II Medic Eng #92 medical drug boxes 740.25 740.25 106205 03/16/2006 001091 KEYSER MARSTON ASSOCIATES Feb 06 affordable housing svcs 922.50 922.50 INC 106206 03/16/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 3/5 Wedeking 411.44 411.44 106207 03/16/2006 000548 KIPLINGER LETTER, THE Subscription:12 months w/online access 89.00 89.00 106208 03/16/2006 004062 KUSTOM SIGNALS INC Repair hand radar units:Police 691.85 Repair hand radar units:Police 80.81 772.66 106209 03/16/2006 009780 L R KWEST INC 3/23-24 Executive Staff Retreat 2,926.03 2,926.03 106210 03/16/2006 009788 L. F. GROVE MANAGEMENT Refund:Paid business license twice 35.00 35.00 106211 03/16/2006 006744 LAMAR CORPORATION, THE Mar 06 billboard lease-Old Town 2,900.00 2,900.00 106212 03/16/2006 009131 LAMPKINS, RICK DEAN Bluegrass Entertainment:3/18-19/06 1,000.00 1,000.00 106213 03/16/2006 000869 LAWRENCE WELK RESORT Mpsc Excursion:3/23 Performance 470.00 470.00 THEATRE 106214 03/16/2006 009388 LETS GET PERSONAL Bldg & Safety uniform shirts 1,583.75 Code Enforcement unifonn shirts 140.04 1,723.79 106215 03/16/2006 003286 LIBRARY SYSTEMS & SERVICES Feb 06 svcs-library system agnnnt 9,794.61 Feb 06 svcs-library system agnnnt 1,203.20 Feb 06 svcs-library system agnnnt 236.18 11,233.99 Page:4 apChkLst Final Check List Page: 5 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106216 03/16/2006 004141 MAINTEX INC custodial supplies: var Park sites 219.03 custodial supplies: C. Museum 208.19 custodial supplies: CRC 101.39 custodial supplies: T. Museum 36.51 565.12 106217 03/16/2006 004068 MANALlLI, AILEEN TCSD Instructor Eamings 341.25 TCSD Instructor Eamings 322.00 TCSD Instructor Eamings 245.00 TCSD Instructor Eamings 206.50 TCSD Instructor Eamings 84.00 TCSD Instructor Eamings 35.00 1,233.75 106218 03/16/2006 001967 MANPOWER TEMPORARY temp help w/e 02126 JD/JH/DH 2,282.57 2,282.57 SERVICES 106219 03/16/2006 009326 MARKUS AUDIO & LIGHTING Install/Prgm Of The Assisted Hearing Sys 1,220.47 1,220.47 106220 03/16/2006 009541 MEYER AND ASSOCIATES Feb dsgn svcs: TCC Expansion 3,047.50 3,047.50 106221 03/16/2006 001384 MINUTEMAN PRESS printing svcs: Bldg & Safety 161.54 business cards: Police Dept (generic) 108.83 business cards: Police Dept (generic) 43.37 313.74 106222 03/16/2006 001892 MOBILE MODULAR Mar modular bldg rental:Fire Stn 92 832.40 832.40 106223 03/16/2006 001214 MORNINGSTAR PRODUCTIONS, Sound/Stage/Chairs:Bluegrass Festival 7,784.00 7,784.00 LLC 106224 03/16/2006 003996 MUSIC HERITAGE, INC. FY 05/06 Community Service Funding 2,000.00 2,000.00 106225 03/16/2006 001986 MUZAK-SOUTHERN CALIFORNIA Mar music broadcast:Old Town 69.11 69.11 106226 03/16/2006 002139 NORTH COUNTY TIMES Feb legal notices: PW/Planning/City 1,186.02 Feb recruit ads:PW/Pln/Cntrl SVcsfTCSD 473.70 Feb Display Ads: TCSD 391.13 Feb constr update ad: PW CIP Div 173.84 2,224.69 106227 03/16/2006 002292 OASIS VENDING Mar coffee/kitchen supplies: City Hall 468.66 Mar coffee/kitchen supplies: Maint Fac 161.60 credit: item not delivered -16.16 614.10 106228 03/16/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies: Finance 705.49 office supplies: Finance 24.96 730.45 PageS apChkLst Final Check List Page: 6 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106229 03/16/2006 001171 ORIENTAL TRADING COMPANY event supplies:'06 Spring Egg Hunt 2,161.82 INC event supplies:'06 Spring Egg Hunt 321.75 supplies:'06 Father/Daughter Date Night 161.25 recreation supplies: Family Fun Nights 113.10 supplies:'06 Father/Daughter Date Night -129.35 2,628.57 106230 03/16/2006 002734 P V P COMMUNICATIONS INC motorcycle helmet interface kits: Police 1,121.70 1,121.70 106231 03/16/2006 005152 PACIFIC PRODUCTS & SERVICES sign posts/anchors:PW Maint Div 2,125.34 2,125.34 106232 03/16/2006 003955 PANE CONSULTING SERVICE supplies: volunteer recognition prgm 1,307.38 1,307.38 (PCS) 106233 03/16/2006 004074 PARTY CITY OF TEMECULA INC event supplies:'06 Spring Egg Hunt 37.03 37.03 106234 03/16/2006 000249 PETTY CASH Petty Cash Reimbursement 642.27 Petty Cash Reimbursement 144.18 786.45 106235 03/16/2006 000580 PHOTO WORKS OF TEMECULA Feb film/photo developing: CIP Div 24.07 24.07 106236 03/16/2006 005362 PONTARELLI, ANTHONY A. entertainment:Hot Summer Nights 8/26/05 750.00 750.00 106237 03/16/2006 000254 PRESS ENTERPRISE COMPANY Feb recruit ads: PW/PlnfTCSD/Cntrl SVcs 2,077.15 2,077.15 INC 106238 03/16/2006 003493 PRO-CRAFT Res ImplY Prgm: Wolff, Joyce 2,349.00 2,349.00 106239 03/16/2006 009717 PSOMAS Preparation/Overlapping Debt Analysis:Rd 500.00 500.00 106240 03/16/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 19,721.19 Various Water Meters 835.08 various water meters: Fire stn 73 248.35 Various Water Meters 134.48 Feb 01-05-11040-1 Maint Fac Expan 67.88 21,006.98 Page:6 apChkLst Final Check List Page: 7 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106241 03/16/2006 004584 REGENCY LIGHTING Electrical Supplies: Park Sites 507.03 Electrical Supplies: Crc 398.92 electrical supplies: Old Town 387.25 electrical supplies: CRC 331.10 electrical supplies: CRC 271.70 electrical supplies: Park Sites 242.39 electrical supplies: CRC 109.58 electrical supplies: Park Sites 103.99 electrical supplies: Maint Fac 69.91 electrical supplies: CRC pool 51.29 2,473.16 106242 03/16/2006 002110 RENTAL SERVICE rental equip: PW Maint Div 54.96 54.96 CORPORATION 106243 03/16/2006 009747 REPUBLIC RELOCATION relocation of business: McLaughlin Eng. 4,016.80 4,016.80 SERVICES 106244 03/16/2006 000352 RIVERSIDE CO ASSESSOR Feb assessors maps: Bldg & Safety 18.00 18.00 106245 03/16/2006 000418 RIVERSIDE CO CLERK & Filing of Notice:Pechanga Prkwy 64.00 64.00 RECORDER 106246 03/16/2006 000411 RIVERSIDE CO FLOOD CONTROL bal due:npdes permit implementation 65,074.00 65,074.00 106247 03/16/2006 004773 RIVERSIDE CO SHERIFFS Jan '06 Booking Fees 8,832.00 Dec '05 Booking Fees 7,396.80 16,228.80 106248 03/16/2006 001365 RIVERSIDE COUNTY OF Renew Permit:CRC Pool/Spa 518.00 518.00 106249 03/16/2006 003587 RIZZO CONSTRUCTION INC Furnish/install 2 gate sets: Harveston 5,272.00 5,272.00 106250 03/16/2006 003544 ROBERT SHEA PERDUE REAL appraisal report for Education Center 7,000.00 7,000.00 ESTATE 106251 03/16/2006 000873 ROBERTS, RONALD H. reimb:SCAG-RCTC Consensus Conf 2/6-9 77.40 77.40 106252 03/16/2006 009196 SACRAMENTO THEATRICAL Theatrical Lighting Equip: Community The 624.52 LIGHTING Theatrical Lighting Equip:Community Thtr 297.41 921.93 106253 03/16/2006 009578 SAGE INTERNATIONAL, LTD equipment for Police Dept 250.00 250.00 106254 03/16/2006 009792 SAN DIEGO CO / SANGIS full County landbase: GIS 6.50 6.50 Page:? apChkLst Final Check List Page: 8 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106255 03/16/2006 001500 SAN DIEGO REGIONAL TRAIN supervisor training:C. Kitzerow 3/21/06 135.00 CTR supervisor training:D. West 3/21/06 135.00 supervisor training:S. Fisk 3/21/06 135.00 credit: C.S.SkillslS.Reed to attend free -75.00 330.00 106256 03/16/2006 009794 SAPPINGTON, LORI refund: sec.deposit/CRC 150.00 150.00 106257 03/16/2006 000751 SKILLPATH INC Conflict Mgmt:K.SimpkinslC.Lariccia 5/24 198.00 198.00 106258 03/16/2006 000537 SO CALIF EDISON Mar 2-01-202-7330 var City meters 49,522.81 Mar 2-01-202-7603 arterial street lights 18,486.59 Feb 2-05-791-8807 various City meters 8,840.51 Mar 2-02-351-5281 CRC 4,732.90 Mar 2-27-805-3194 Community Theater 3,910.03 Mar 2-20-798-3248 C. Museum 1,247.14 Jan 2-19-683-3263 various mtrs 1,097.79 Mar 2-10-331-2153 TCC 691.37 88,529.14 106259 03/16/2006 005786 SPRINT 01/15/06-02114/06 phone usage/equip 8,174.10 8,174.10 106260 03/16/2006 001546 STRAIGHT LINE GLASS INC Res Imp Prgm:Portillo, Daniel & Maryann 1,038.64 1,038.64 106261 03/16/2006 007273 STUMPS PRINTING COMPANY recreation supplies: TCSD 467.89 467.89 INC 106262 03/16/2006 000305 TARGET BANK BUS CARD SRVCS event supplies:'06 Spring Egg Hunt 106.23 recreation supplies: C. Museum 52.18 recreation supplies: Tiny Tots Program 50.66 event supplies:'06 Spring Egg Hunt 31.52 240.59 106263 03/16/2006 009500 TEMEC ELECTRONICS, INC electronic supplies: Info Sys 63.07 63.07 106264 03/16/2006 009795 TEMECULA ATM STAGE STOP refund: minor modification pennit 1,043.97 1,043.97 106265 03/16/2006 006465 TEMECULA AUTO REPAIR City vehicle repair/maint svcs: Fire 1,545.68 City vehicle repair/maint svcs: 282.80 1,828.48 106266 03/16/2006 006914 TEMECULA COPIERS INC. Jan copier maint/usage: City Facilities 3,079.23 3,079.23 106267 03/16/2006 009150 TEMECULA GLASS & MIRROR Res ImplY Prgm: WilliamslMockbee 487.50 487.50 INC Page:8 apChkLst Final Check List Page: 9 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106268 03/16/2006 004209 TEMECULA SUNRISE ROTARY Oct-Mar Bus Bench Placement & Maint 6,000.00 6,000.00 FOUND. 106269 03/16/2006 000307 TEMECULA TROPHY COMPANY nameplate: G. Youmens 8.08 8.08 106270 03/16/2006 000311 TEMECULA VALLEY HIGH T\IHS Choir Old Town performance 12/10 150.00 150.00 SCHOOL 106271 03/16/2006 000306 TEMECULA VALLEY PIPE & plumbing supplies: TCSD 211.04 211.04 SUPPLY 106272 03/16/2006 005970 TEMECULA VALLEY PLAYERS performance at Erie stanley Gardner 350.00 350.00 106273 03/16/2006 003067 TEMECULA VALLEY R V SERVICE repair/maint svcs: Police Command RV 16.74 16.74 106274 03/16/2006 004274 TEMECULA VALLEY SECURITY locksmith svcs: City Hall 80.00 CENTR locksmith svcs: North/South Park 80.00 locksmith svcs: Kent Hintergardt Park 80.00 locksmith svcs: Temeku Hills Park 67.34 locksmith svcs: Maint Fac 19.40 326.74 106275 03/16/2006 007433 TOVEY SHULTZ CONSTRUCTION Jan prgs pmt #24: Comm. Theater pw02-23 109,530.46 109,530.46 INC 106276 03/16/2006 003031 TRAFFIC CONTROL SERVICE INC maintenance supplies: P\N Maint Div 833.99 maintenance supplies: P\N Maint Div 172.40 maintenance supplies: P\N Maint Div 10.72 1,017.11 106277 03/16/2006 009709 U H S OF RANCHO SPRINGS, INC Nov-Dec forensic assault exams:Police 3,600.00 3,600.00 106278 03/16/2006 002492 U S TOY COMPANY INC supplies: volunteer recognition prgm 187.22 187.22 106279 03/16/2006 007766 UNDERGROUND SERVICE ALERT Mar undrgrnd svcs alert tickets:PW 137.60 137.60 106280 03/16/2006 008517 UNITED SITE SERVICES OF 8/18/05-9/14/05 fence rental: Main St 26.52 CA,INC 9/15/05-10/12/05 fence rental: Main St 26.40 52.92 106281 03/16/2006 008778 UNIVERSITY OF TEXAS Exhibition feeslE.S.Gardner: T. Museum 150.00 150.00 Page:9 apChkLst Final Check List Page: 10 03/16/2006 11:43:07AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106282 03/16/2006 004261 VERIZON Mar xxx-1341 Community Theater 354.06 Feb xxx-5509 general usage 147.45 Feb xxx-1540 Old Town Parking Lot 90.06 Marxxx-1941 PTACD TTACSD 57.77 Mar xxx-3851 general usage 40.23 Feb xxx-0049 general usage 35.85 Feb xxx-1999 general usage 33.28 Feb xxx-6620 general usage 27.43 786.13 106283 03/16/2006 004279 VERIZON CALIFORNIA INC. Feb access-C. Mus.phone line 651.72 Feb access-CRC phone line 352.64 1,004.36 106284 03/16/2006 009540 WEATHER CURRENTS Jan-Dec '06 Tem. Citizen Corp banner ads 432.00 432.00 106285 03/16/2006 009786 WELLS, MEGAN refund: picnic shelter/Marg. Community 60.00 60.00 106286 03/16/2006 003730 WEST COAST ARBORISTS INC 2/1-15/06 Citywide Tree Trimming Maint 7,080.00 7,080.00 106287 03/16/2006 000339 WEST PUBLISHING CORP Jan-Feb City judicial updates 90.51 90.51 106288 03/16/2006 002109 WHITE CAP INDUSTRIES INC maintenance supplies: P\N Maint Div 401.91 401.91 106289 03/16/2006 000341 WILLDAN ASSOCIATES INC Jan plan check svcs: Fire Prev 3,501.40 3,501.40 106290 03/16/2006 009769 WINDBECK, KENNETH A. entertainment: Bluegrass Festival 2,500.00 2,500.00 106291 03/16/2006 007473 WITCHER, DENNIS R Entertainment: Bluegrass Festival 1,800.00 1,800.00 106292 03/16/2006 009173 WORD MILL PUBLISHING Oct Community Theater grand opening ad 325.00 325.00 106293 03/16/2006 009512 WURMS JANITORIAL SERVICES, Mar janitorial svcs: MPSC 790.27 790.27 INC Grand total for UNION BANK OF CALIFORNIA: 836,478.70 Page:10 ITEM NO.3 Approvals City Attorney Director of Finance City Manager ~ /JJL Lf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: March 28, 2006 SUBJECT: Amendment #3 to Loan Agreement with the Boys and Girls Club of Southwest County, Providing for Termination of the Current Loan Agreement. (At the request of Mayor Pro Tem Washington and Councilmember Comerchero) RECOMMENDATION: That the City Council: 1. Approve Amendment NO.3 to the City's Agreement with Boys and Girls Club of Southwest County that would provide for termination of the current loan agreement; 2. Approve an appropriation of $248,163 from General Fund Undesignated Fund Balance. BACKGROUND: In 1993, the City provided a loan to the Boys and Girls Club which allowed them to construct a permanent facility in Temecula. The loan was in the amount of $374,846, and was structured so thatthe loan was repaid atthe rate of $1500 per month in cash, and the balance of the monthly payment ($1578 per month) was paid through in-kind services to the community. The loan was subsequently amended in 2000 and again in 2004 and is currently structured so that the $1500 cash portion is waived provided that an equivalent amount is used for scholarships or certain approved alternate programs. Throughout the loan period, the Boys and Girls Club has regularly provided the in-kind services called for in the loan agreement. The Club has also regularly submitted reports to the City outlining the programs provided, scholarships awarded, and other information required to fulfill its requirements under the loan agreement. DISCUSSION: Recently Mayor Pro Tem Washington and Councilmember Comerchero met with representatives of the Boys and Girls Club to discuss the ongoing plans and future programs of the Club. This discussion included the current construction of the Pechanga Great Oak Clubhouse at Kent Hintergart Park, the upcoming construction of a new Gymnasium at the Club's headquarters on Pujol Street, as well as other ongoing and planned programs. These discussions, as well as the daily activities of the Club that are well known in the Community clearly indicate the growing and long-term presence of the Boys and Girls Club as a positive force in the City of Temecula. The Boys and Girls Club representatives also noted the extensive record-keeping requirements of the current loan - both forthe Club and the City. In addition, they noted the difficulty in fund-raising that having a loan on the books can present; even if the requirements can be met by in-kind services. As a result of these discussions, Mayor Pro Tem Washington and Councilmember Comerchero are recommending that the City forgive the current loan. The City Attorney has prepared an amendment to the current loan agreement that would provide for termination of this loan in the event that the City Council approves this recommendation. FISCAL IMPACT: The current loan balance of the loan is $248,163. There would be no loss of ongoing revenue, as the current loan payments are metthrough in-kind services by the Boys and Girls Club of Southwest County. The forgiveness of this loan results in a net decrease of General Fund Balance in the amount $248,163. ATTACHMENTS: Amendment NO.3 to Loan Agreement. THIRD AMENDMENT TERMINATING AGREEMENT TO LOAN FUNDS FOR PUBLIC PURPOSES BETWEEN THE CITY OF TEMECULA AND THE BOYS AND GIRLS CLUB OF TEMECULA, INC. THIS THIRD AMENDMENT is made and entered into as of March 28,2006 by and between the City of Temecula, a municipal corporation ("City") and the Boys and Girls Club of Southwest County, Inc., a California non-profit corporation ("Club"). In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. This Third Amendment is made with respect to the following facts and purposes which each of the parties agrees to be true and correct: a. On July 22, 1993, the City and Club entered into that certain "Agreement Loan Funds for Public Purposes" which agreement was amended on December 12, 2000 and May 25, 2004 ("Loan Agreement"). Concurrently, with the approval ofthe Loan Agreement, the Club executed a Promissory Note for $374,846 in favor ofthe City ("Promissory Note"). b. The purpose of the Loan Agreement was to provide funds to the Club to have a permanent facility in the City of Temecula so as to enable it to provide programs for recreation and social programs youth in Temecula. c. Pursuant to Section LB. ofthe Loan Agreement, the twenty (20) year loan repayment period commenced on July 1, 1995, the date the Boys and Girls Club facility was dedicated and open for operation. d. Pursuant to Section LB.2.(b) of the Loan Agreement, the Club is currently obligated to pay to the City the sum of $3,078.00 per month on the loan which payment is made with credits for scholarships or certain approved alternate programs. e. The Club continues to provide high quality recreational and social activities for the young people in the City of Temecula which substantially contributes to the City's efforts to reduce drug abuse, graffiti and other forms of juvenile delinquency. f. The Club has grown strong over the years and provides these essential services to far more young people than envisioned in 878608.1.1 March 16, 2006A -1- 1993 when the Loan was made by the City to the Club. g. The City has now determined that it is in the best interests ofthe people ofthe City of Temecula to assist the Club in continuing to provide high quality recreational and social activities for the young people in the City of Temecula by forgiving the Loan and terminating the Loan Agreement and Promissory Note. h. The value to the to the City of Temecula of the services to the young people provided by the Club will substantially outweigh the mere financial value ofthe principle and interest payments which the City would have received over the remaining nine year of the Loan. 2. The Loan Agreement is hereby terminated and the Club shall have no further obligations under the Loan Agreement, except for any obligations pursuant to Paragraph IV.C., indemnification for claims, which shall survive termination ofthe Loan Agreement. The Promissory Note is hereby deemed satisfied in full and terminated. The City Manager is authorized to and shall take such further actions as may be necessary to effectuate the termination of the Loan Agreement and Promissory Note. [End of Amendment. Signatures begin on Page 3.] 878608.1.1 March 16, 2006A -2- IN WITNESS WHEREOF, this Third Amendment has been executed on behalf ofthe parties as ofthe date first written above. CITY OF TEMECULA, a municipal corporation Ron Roberts Mayor Attest: Susan Jones, MMC City Clerk Approved as to form: Peter M. Thorson City Attorney 878608.1.1 March 16, 2006A -3- BOYS AND GIRLS CLUB OF TEMECULA VALLEY, INC., a California non-profit corporation By: Name: Title: By: Name: Title: [Signatures oftwo corporate officers required. ] 878608.1.1 March 16, 2006A -4- ITEM NO.4 Approvals City Attorney Director of Finance City Manager fM.f'" ,.!J/l tjf} CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: March 28, 2006 SUBJECT: Rancho California Water District proposed Nighttime Work for the Installation of the RCWD 1305 Pressure Zone Pipeline Interconnect Project PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: Water District proposal: That the City Council receive and file the following Rancho California Nighttime pipeline installation work for RCWD's 1305 Pressure Zone Pipeline Interconnect Project- Phase 1 at the Highway 79 South intersections of La Paz Street, Margarita Road and Butterfield Stage Road and Phase 2 at Ynez Road between Rancho California Road and Santiago Road. BACKGROUND: The Rancho California Water District is proposing nighttime construction work within certain public streets for their 1305 Pressure Zone Pipeline Interconnect Project. The proposed RCWD project consists of construction of 17,400 lineal feet of new water transmission mains with diameters ranging from 24 inches to 48 inches. The project involves the construction and operation of several conveyance facilities required to improve RCWD's treated and untreated water supply system within the City of Temecula. The proposed water transmission main facilities are as follows:.also see attached map) : Ynez Road Transmission Main (1305-5); 12,800 LF of 48" pipeline from Rancho California Road to Santiago Road Butterfield Stage Road Tie-in (1305-2); 1,500 LF of 36" pipeline from De Portola Road to Highway 79 South Margarita road Tie-in (1305-3); 1,500 LF of 24" pipeline from De Portola Road to Highway 79 South La Paz Road Tie-in (1305-4); 1,600 LF of 24" pipeline from Ynez Road to Highway 79 South The subject project will be a significant master-planned transmission improvement by Rancho California Water District within the City of Temecula area. The project will enhance RCWD's source water management strategies, as well as, increase overall delivery system reliability. The project is a critical element in meeting the water demands of the current and future customers of RCWD residing within the City of Temecula. The project will also increase raw water connected capacity and increase RCWD's ability to recharge groundwater basins for sustained potable water supply. Project construction will take approximately 500 calendar days with 360 days of the project construction occurring within the City of Temecula. The balance of the project is located within the County of Riverside primarily at the intersection of De Portola and Anza Roads. Construction work within the City is anticipated to begin August 2006. An approved traffic control plan will be followed during construction. The plan will delineate lane closures, provisions to maintain access to residences and businesses, and permitted day and night time hours of construction that will minimize traffic flow disruption. Due to the anticipated high traffic volumes during the daytime hours, City staff is requiring the pipeline work be conducted at night at certain locations. The number of lanes that are needed by the construction work would severely impact daytime traffic at these locations. A review of tabulated Average Daily Traffic (ADT) at the proposed construction locations for the nighttime period (8:00 p.m. to 8:00 a.m.) is typically 20 percent of the total ADT. Nighttime work would therefore significantly decrease the impact to the traffic and allow the construction work to proceed at a faster pace. The proposed night and day work hours and durations at specific locations are as follows: Phase 1 - Niqhttime Work - Startinq at 8:00 p.m. and endinq at 5:00 a.m. Mondav throuqh Fridav D 30 calendar days at the intersection of La Paz Road and Highway 79 South; D 20 calendar days at the intersection of La Paz Road and Ynez Road; D 30 calendar days at the intersection of Margarita Road and Highway 79 South; D 20 calendar days at the intersection of Margarita Road and De Portola Road; and, D 30 calendar days on Margarita, between Highway 79 South and De Portola Road. Phase 1 - Daytime Work - Startinq at 7:00 a.m. and endinq 5 p.m. Mondav throuqh Fridav D 30 calendar days on La Paz Road, between Highway 79 South and Ynez Road; D 30 calendar days at the intersection of Butterfield Stage Road & Highway 79 South; D 20 calendar days at the intersection of Butterfield Stage Road and De Portola Road; D 30 calendar days on Butterfield Stage Road, between Highway 79 South and De Portola Road; D 20 calendar days on Santiago Road at Vallejo Road; D 30 calendar days on De Portola Road at a location approximately 2,550 feet east of Jedediah Smith Road; and, D 30 calendar days on Ynez/De Portola Roads, between Santiago road and Anza Road for disinfecting the existing 48-inch water main. Phase 2 - Niqhttime Work - Startinq at 8:00 p.m. and endinq 5 a.m. Mondav throuqh Fridav D 180 calendar days on Ynez Road between Rancho California Road to Santiago Road. RCWD recognizes that there will be a temporary increase in ambient and construction noise levels due to nighttime construction; however, the District anticipates that the overall impact of properties adjacent to the construction zone will be reduced. This fact will be due to several factors. First, with the reduced traffic levels during evening hours, construction will be able to proceed at a quicker rate. Second, by performing the work at nighttime, the available work hours increase by 50% (from six (6) to nine (9) hours per day) and therefore the amount of work completed daily will progress along the alignment at a quicker rate. RCWD anticipates that in most instances, the construction zone will be adjacent to a give parcel for approximately three(3) to four (4) work days (nights), and will not experience more than two (2) consecutive nights of construction (assumes 100' pf production per night for each noise event). Noise events for construction would include pipeline installation and paving activities after pipeline pressure testing is complete. When possible, the contractor will be required to provide noise attenuation such as noise blankets and equipment mufflers. RCWD will also notify the neighboring residents of nighttime construction activities in advance. FISCAL IMPACT: No direct fiscal impacts. ATTACHMENTS: Vicinity Map ITEM NO.4 ... 9, !~ III(/) W> QI- ~Z w:) >0 -0 a: IJ.:S 0:) >0 I-w -2 o I!! Ii ~ > """"""",=..0 ..~;."""."," I- U W J o ct:: a. ~~ <0 Uj:: 0< Zu -0 V)...J L:S~ ct::::i <- U 0< WlL., 00 <z ~< CL <( ~ >-~ I-z Z U > ITEM NO.5 Approvals City Attorney Director of Finance City Manager p..f'" ,1)12 9L7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: March 28, 2006 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing Bridge at Interstate 15; Project No. PW05-09 PREPARED BY: Greg Butler, Principal Engineer William Becerra, Assistant Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing Bridge at Interstate 15; Project No. PW05-09. BACKGROUND: The Bridge Fencing at Rancho California Road Overcrossing Bridge and Overland Drive Overcrossing at Interstate 15 project is identified in the City's Capital Improvement Program Budget for Fiscal Years 2005-2006. This project will retrofit the southerly side (east bound direction) of each bridge with chain link railing atop the existing concrete barriers. This modification will provide additional safety for non-vehicular traffic traveling across the bridges. The plans and specifications are completed and the project is ready to be advertised for construction bids. The contract documents will be available for review in the City Engineer's office. The Engineer's Construction Estimate for this project is $145,000. FISCAL IMPACT: This project description in the CIP document included barrier rail upgrades at Rainbow Canyon Road over Pechanga Creek and Del Rio Road over Empire Creek as well as the subject bridge fencing project. The completion of the barrier rail upgrade project depleted the funding identified in the CIP document. At the time of awarding the subject fencing project it will be necessary to transfer funds or appropriate additional funds into the project account. ITEM NO.6 Approvals City Attorney Director of Finance City Manager ~ ,.!J/l 9g CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: March 28, 2006 SUBJECT: Parcel Map 30719, Located at the North East Corner of Nicolas Road and Wichester 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. 30719 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. 30719 is a twelve (12) parcel subdivision located at the north east corner of Nicolas Road and Winchester Road. The map contains twelve (12) parcels for a commercial project. Certain street improvements and a traffic signal installation associated with the development of this map are required. The survey monuments are required to be set. On November 23, 2004, the City of Temecula Planning Commission approved Tentative Parcel Map 30719, 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 30719 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 30719 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid. Development Impact Fee Paid. This fee is being collected prior to issuance of building permits. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 30719 DATE: March 28, 2006 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 260,523.00 $ 260,523.00 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 260,523.00 $ 260,523.00 Monumentation $ 10,000.00 - 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 $ 3,272.00 Monumentation Inspection Fee $ 500.00 Fees Paid to Date $ 4,410.00 Balance of Fees Due $ 0.00 *To Be Determined I ~~. l!~ ~ . d - i I I~il ~Jj ~ i~1 ...~, il =1. ~ ~~ h~~~.= ~ -, li!=!d~~ I:! ~~ ~I~'~~I ~ d~ 5' ~ Ib: ei~, 'I!'l~.i lillll ~I ~i;l~ ~l~ ,,~Hj~h ljj L~ ~d~ .! ~ lll; (,j ~~~i ~ ~I~g , I i~~11 ! !Iiii " I~i' ~ !il:~ ~ I ;:~:: Ii . ~il~l.J '- l.~Ii!.;~;i $ ;j ~~. j~ Ii ~ l::!1 l!~ ~ ~j H .!'> d ~ ~ I ~ .~ l , ~ h ~ ~ l _, F~ ~ .~ ~!I ~ ~ :1 ~ (j~~I~ i!s "'-J a~ '" I>! ~~ : ~ II ~ ~~~iI!ll! : Q... 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"I "I' ~I::: ~I I' I \, ~ >. ~~ , , .611;; .,{I)Z6 OtloC/ Stl70:J/N :3 .T18'if; ~. ~~CULA 0:; or I~ . ouNf{ Clll' v~p5ID~ C ~ I . . C( pi r} h: ~ ~ ~ "-- Q: ~ l<j (rj ~~ ~ ~ ~~lrJ ~~~ ~ ~;<:~ ~~~ ~. '=J <: V)~ ~ . OcY lrJ "- ~ ~e:~ ~es~ V)~Cj ~ ex:. ~ \J) lL.I -=r:. ~ "2:. ~ 15 /NTERSTA TE ITEM NO.7 Approvals City Attorney Director of Finance City Manager ~ IJ~ ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Info Systems & Bill Hughes, Director of Public Works DATE: March 28, 2006 SUBJECT: Procurement of Comprise Smart Access Manager (SAM) Software for the New Library PREPARED BY: Tim Thorson, Director of Information Systems RECOMMENDATIONS: That the City Council approve the purchase of the Smart Access Management System from Comprise Technologies, Inc. for the total amount of $55,718.00. BACKGROUND: On July 10'h 2005, the City awarded a professional services contract to develop a state-of-the-art plan that would provide the most current technologies available to support library operations. The result was a thorough analysis of key vendors, other libraries implementing similar technologies, and a top down approach to determining the most appropriate solution for given requirements. This study provides an essential foundation for approaching the complex process involved in analyzing, selecting, purchasing, and integrating technologies for the new library. An important consideration for the Library Technology Plan is the focus on technology that the Library Plan of Service articulates. A focus on providing patrons, namely students, with the latest technologies is a major driving force behind several key points in the vision of the new Library. The library Technology Plan was presented and approved by the Council Library Task Force on January 4'h 2006. DISCUSSION: The Comprise Software for Access Management will provide patrons at the new Temecula library with access using personal laptops and handheld devices. This system integrates such essentials as authentication, session controls, Children's Internet Protection Act (CIPA) compliance, etc. for wireless users. This is a library account identification- based system that provides centralized customer accounts enabling patrons to pay for services such as print, copy and fee and fines without staff involvement. This system will work with existing library cards and provides real-time inter library loan access and financial reconciliation between the Temecula Library and the Riverside County Library Sirsi Mainframe system. The process for the purchase of the SAM system from Comprise Technology, Inc. conforms to the City's Purchasing Ordinance in Chapter 3.28 of the Temecula Municipal Code. The City's library technology consultant identified the Library's technology needs and then contacted the six vendors identified in Attachment (a) who sell the components for this complex and specialized technology. The consultant was able to integrate specialized components in order to develop an information system, which would satisfy the complex technology requirements to support Library operations. The consultant was then able to solicit bids for the component items and compare the bids on the basis of the systems ability to meet the needs of the Library, quality of the component items and overall cost to the City as is required by Temecula Municipal Code Section 3.28.245, which is specifically designed to accommodate the purchase of sophisticated and complex equipment for the City. Thus, the consultant's work in the Library Technology Study operated as the RFP/bid process for the proposed purchase of Apex RFID and fully complies with the requirements of Temecula Municipal Code Section 3.28.245. FISCAL IMPACT: This item is fully funded in the Library Project FY 2005-06 Furniture Fixture & Equipment (FF&E) budget. ATTACHMENTS: Smart Access Manager (SAM) End User Licensing and Service Agreement between Comprise Technologies, Inc. and the City of Temecula SMART ACCESS MANAGER (SAM) END USER LICENSE AND SERVICE AGREEMENT This License And Service Agreement, (Agreement), is made and entered into this 28th day of March, 2006, by and between Comprise Technologies, Inc, (Comprise) located at 1041 Route 36 West, PO Box 425, Navesink, New Jersey 07752 and the City of Temecula (Licensee) located at 43200 Business Park Dr., Temecula, CA 92590. Recitals Comprise is in the business of developing and commercializing proprietary software that permits the management of access to computers, applications, Internet resources, and peripheral devices. Licensee is a library, library system, or a cooperative/service center in the business of offering library services to the public and/or its' membership. Licensee desires to obtain the right to use certain Comprise proprietary technology and information in connection with the Licensee's computer services. NOW THEREFORE, the parties agree as follows: Contract Docurn ents The provisions of this document along with the following Exhibits incorporated herein by reference collectively form and are referred to as the "Agreement". Exhibit A Licensee Information Exhibit B SAM Functions and Components Exhibit C SAM Library Preparation Form and Completed Site Report ExhibitD Installation, Training, Technical Support, Maintenance and Repair/Replacement Exhibit E Cost and Payment Exhibit F Accelerated Development Amendment Exhibit G Form of Addendum For the purposes of this Agreement: A Licensee shall be the business organization set forth in Exhibit A to this Agreement: B. "SAM', "Smart Access Manager" and "SAM Software" will have the meaning set forth in Exhibit B to this Agreement: Statement Of Intent The purpose of this Agreement is to provide SAM to Licensee, or the branches of Licensee located at the addresses scheduled on Exhibit A SAM Delivery and Installation SAM shall be delivered to the Licensee by Comprise within thirty (30) calendar days of the execution of this Agreement by both parties, or as otherwise specified in Exhibit A At Licensee's option and expense, SAM can be installed by Comprise. Installation of SAM shall occur within norrnallibrary business hours unless otherwise requested by Licensee. If Comprise is to install SAlv1, Licensee agrees to designate an authorized representative to sign a Library Preparation Form when the location is ready and a Completed Site Report when the mutually acceptable functionality is reasonably available for Library's use. The Completed Site Report is attached as Exhibit c. SAM Acceptance $ASQpdf797726.doc 3/1612006 For purpose of acceptance, SAM shall perform satisfactorily without any "Critical" or "Moderate" failures as defined in the Technical Support section of Exhibit D for a period of thirty (30) calendar days under normal operation and intended use. In case of failure prior to acceptance, Licensee shall provide Comprise with a total of thirty (30) calendar days to resolve problems and restore SAM functions as defined in this Agreement. If the failure cannot be resolved within that time period, Licensee can return SAM and Comprise shall refund any payments made toward the purchase price as set forth in Exhibit E within thirty (30) calendar days to the Licensee. Comprise shall not be liable or responsible nor be in default of this Agreement for any local, regional, or global problems with the communications network, nor Force Majeure, nor by damage caused by negligent use by Licensee, library staff or other users. Cost and Payment Payments for SAM are set forth in Exhibit E. Additional Licensee sites may obtain SAM according to the unit costs set forth in Exhibit E. Subsequent installation charges will reflect actual expense plus a twenty- five percent (25%) handling charge, unless otherwise specified in Exhibit E. Term and Termination. This Agreement shall commence on the Agreement Date and continue for the Initial Term set forth on Exhibit A and shall be automatically renewed on a month to month basis thereafter, unless earlier terminated pursuant to this section below, or by Licensee upon any anniversary of the Agreement Date by providing Comprise at least thirty (30) calendar days notice of non-renewal, or by Comprise effective at expiration of the initial term or any extended term thereafter by providing Licensee at least ninety (90) calendar days notice of non-renewal. This Agreement may be terminated by either party by reason of a material breach hereof by the other party, following thirty (30) calendar days (15 days in the case of a payment default) notice and failure of the breaching party to cure the breach. Upon tennination of this Agreement, all license rights hereunder will terminate and Licensee will immediately cease use of SAJ\1 software and return all copies of SAJ\1 in the possession of, or under the control of, Licensee. Licensee's liability for any charges, payments, fees or expenses due to Comprise that accrued prior to the tennination date shall not be extinguished by termination, and such amounts (if not otherwise due on an earlier date), shall be immediately due and payable on the termination date. All indemnities, rights to accrued or accruing payments, confidentiality obligations, and employment restrictions shall survive termination. Restrictions on Licensee Licensee shall not make or distribute copies of SAJ\1 software except as provided under this Agreement. Licensee shall not de-compile, reverse engineer, disassemble, or otherwise reduce SAlv1 software to human-perceivable form. The Licensee shall not access, request delivery of or use the software source code except as may be provided under separate Source Code Agreement. Licensee shall not modify, rent, lease, lend, transfer, sell, distribute, assign the rights to, or create derivative works of SAM or any part thereof Licensee shall notify its employees and/or agents who may have access to SAlv1 of the restrictions contained in this Agreement and make every reasonable effort to ensure their compliance with these restrictions. Licensee shall not. nor shall it knowingly permit. others to use SAM: (a) for any unlawful, immoral, harmful, fraudulent, or obscene purpose; (b) to send any virus or harmful code to any third party; (c) to attempt to or to break into or violate the security of any computer file, database, or network, or violate another person's privacy or access, alter, steal, corrupt, or destroy any data; (d) to alter, tamper with, repair, circumvent any aspect of SAM; (e) to make unauthorized representations or claims regarding SAM. $ASQpdf797726.doc 2 3/1612006 In the event that Licensee, or any third party through Licensee, directly or indirectly, inadvertently, negligently or otherwise, violates any of the prohibitions herein, Comprise expressly reserves the right to immediately suspend or terminate this Agreement without further liability or obligation to Licensee. In addition, Licensee agrees to indemnify and hold Comprise hannless from and against any and all damages, expenses, judgments, settlements, claims, liabilities, losses or costs of civil or criminal defense, including reasonable attorneys' fees, that arise out of such violation, whether incurred by Comprise directly or paid to a third party. License Licensee is granted a non-exclusive, nontransferable end user license to use SAlv1 software in the normal course of Licensee's business. Licensee is authorized to make copies of the software and any associated documentation provided by Comprise so that Licensee has sufficient copies to support its' use of the product. Such use is restricted to Licensee's facilities. Ownership The foregoing License gives Licensee limited rights to use SAlv1. Comprise retains title to SAlv1 software, source code, documentation, manuals, artwork and all copies thereof, all of which are protected by United States copyright laws, international treaty provisions, the Uniform Commercial Code, and Agreement law. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Comprise. Licensee acknowledges that nothing in this Agreement shall give it any right title or interest in SAM, other than the License rights granted herein. Limited Warranties COMPRISE WARRANTS TO LICENSEE THAT DURING THE TERM OF THIS AGREEMENT, SAM WILL CONFORM TO ITS DOCUMENT ATION AND SPECIFICATIONS, INCLUDING SPECIFICATIONS IN EXHIBIT B. WHEN USED IN COMPLIANCE WITH SUCH DOCUMENTATION, AND WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. IF THE LICENSEE SHOULD DISCOVER A WARRANTY CLAIM HEREUNDER, COMPRISE WILL CORRECT THE PROBLEM WITHIN 30 CALENDAR DAYS TIME OF RECEIVING WRITTEN NOTICE OF THE CLAIM FROM LICENSEE. OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, COMPRISE HEREBY SPECIFICALL Y DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ST ATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT OR ANY WARRANTY ARISING OUT OF CUSTOM, COURSE OF PERFORMANCE OR TRADE. FURTHERMORE, LICENSEE ACKNOWLEDGES IT HAS RELIED ON NO OTHER WARRANTIES AND THAT NONE ARE MADE BY COMPRISE, ITS SUPPLIERS OR AUTHORIZED SOLUTION PROVIDERS. IF LICENSEE'S JURISDICTION DOES NOT ALLOW THE ABOVE DISCLAIMER OF IMPLIED WARRANTIES, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO 60 CALENDAR DAYS FROM THE DELIVERY OF SAM TO LICENSEE. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESUL TS AND PERFORMANCE OF SAM. Limitation of Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPTING ONL Y CLAIMS AND LIABILITIES FOR BODILY INTIJRY, DEATH OR PROPRIETARY INFRINGEMENT, IN NO EVENT WILL COMPRISE OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR LICENSING OF SAM BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) BASED ON BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE SAM, WHETHER OR NOT THE POSSIBILITY OR CAUSE OF SUCH DAMAGES WAS KNOWN TO COMPRISE. IN ANY EVENT, COMPRISE'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL NOT $ASQpdf797726.doc 3 3/1612006 EXCEED THE AMOUNT PAID BY LICENSEE TO COMPRISE IN THE TWELVE (12) MONTHS PERIOD PRECEDING ANY NOTICE OF CLAIM BY LICENSEE. LICENSEE ACKNOWLEDGES THAT SERVICE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPRISE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU Licensee's Indemnification of Comprise Licensee shall indemnify, hold harmless and defend Comprise and its directors, officers, employees and agents, at Licensee's expense, against any and all losses, liabilities, judgments, awards and costs (including reasonable legal fees and expenses) arising from or relating to any breach or default of Licensee's obligations under this Agreement. Comprise' Indemnification of Licensee Comprise will indemnify, hold harmless and defend Licensee and its directors, officers, employees and agents, at Comprise expense, against any and all losses, liabilities, judgments, awards and costs (including reasonable attorneys' fees) arising from or relating to (a) any default by Comprise hereunder; (b) any negligent act or omission or willful misconduct by Comprise or its employees, agents, invitees, or licensees causing bodily injury, death and/or property damage while performing pursuant to this agreement; or (c) any claim that Licensee's use or possession of SAJ\1 infringes or violates U. S. copyright, U. S, trade secret or other US. proprietary right of any third party; provided, that Comprise will not be required to indemnify Licensee hereunder for (i) liability created by any Licensee modifications or changes to SAM from those specifications listed in the attached Schedule(s) and (ii) for Licensee's failure to use SAM as described in the Schedule(s) or to implement a fix provided by Comprise. In the event any claim alleging infringement prevents licensees use of SAJ\1. Comprise shall pay for a license permitting licensee to continue using the infringing software for the duration of this agreement; obtained at its sole expense, and provide to licensee, non infringing software capable of performing the functions of SAM; or Comprise shall refund the entirety of sums paid by licensee, if the claim is asserted during the first three (3) years of the Agreement, or prorated refund for any claim received at any time thereafter while this agreement is in effect. Comprise Insurance From the effective date of this agreement and continuing until Comprise has completed all work on licensees premises, Comprise shall maintain commercial general and automobile liability insurance in such form and with such limits as is specified in writing by licensee, and which shall be as commonly required by licensee with respect to other contractors performing services on licensees premises. Indemnification Procedure The party seeking indemnification ("Indemnified Party") shall provide the other party ("Indemnifying Party"): (a) reasonably prompt written notice of any such claim or action and permit the Indemnifying Party, through counsel reasonably acceptable to the Indemnified Party, to answer and defend such claim or action; and (b) information available to the Indemnified Party, reasonable assistance and authority, at the Indemnifying Party's expense, to assist the Indemnifying Party in defending such claim or action. The Indemnifying Party will not be responsible for any settlement made by the Indemnified Party without the Indemnifying Party's written permission, which permission shall not be wrreasonably withheld. In the event the parties agree to settle a claim or action, each party agrees not to publicize the settlement (except to the extent required by law) without first obtaining the other party's written permission, which permission will not be wrreasonably withheld. The Indemnified Party shall have the right to employ separate counsel and participate in the defense of any claim or action at its own cost and expense. Confidentiality Each party agrees that it will not disclose to any third party or unauthorized personnel any information concerning the customers, Agreement pricing, trade secrets, methods, processes, procedures or any other confidential, financial or business information of the other party which it learns during the course of its $ASQpdf797726.doc 4 3/1612006 performance of this Agreement, without the prior written consent of the other party unless such disclosure is required by law. Employment Restriction Licensee agrees that during the term of this Agreement and for a period of one (1) year thereafter, it shall not in any way intentionally induce, persuade, or permit any Comprise programming or technical support personnel to become an employee, consultant, or agent of Licensee. Force J\I[a j eure The parties will not be in default and liable for breach of this Agreement in the event their business is interrupted because of strikes, labor disturbances, lockout, riot, fire, flood, outside electrical failure, outside telecommunications facilities failure, computer virus, act of God, the public enemy, or any other cause, whether like or unlike the foregoing, if unforeseeable and beyond the reasonable efforts of the parties to control and which may prevent or delay them from performing their obligations hereunder. Notices All notices must be delivered to the persons whose names, addresses, signatures and titles are located at the end of this Agreement in the mutual signature block All notices shall be in writing and shall be deemed given if delivered by personal delivery, by certified or registered mail with return receipt required, by recognized overnight delivery services, or by a comparable delivery system. Facsimile notice may be used so long as legitimate evidence of receipt is available and such proof is presented in the event of a dispute. Notice shall be effective upon receipt. Miscellaneous Section Headings are used in this Agreement for convenience of reference only and shall not affect the meaning of any provision of this Agreement. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Neither this Agreement, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or as granting a franchise. Governing Law And General Provisions This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any action for breach or to enforce any provision of this agreement shall be the Superior Court of the County of Riverside. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. If either party employs attorneys to enforce any rights arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses. The rights in this Agreement are personal to Licensee and shall not be transferred or assigned by operation of law or otherwise, without the prior written consent of Comprise. Any transfer or assignment in violation of this paragraph shall be void and will have no force and effect to Comprise. Entire Agreement; Amendment Upon execution, this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and shall supersede and merge all prior and contemporaneous communications, understandings and agreements. This Agreement shall not be amended except by a written amendment subsequent to the effective date and signed by a corporate officer of Comprise and an authorized representative of Licensee. $ASQpdf797726.doc 5 3/1612006 COMPRISE TECHNOLOGIES, INC 1041 Route 36 West PO Box 425 Navesink, New Jersey 07752 City of Temecula 43200 Business Park Dr. T emecula, CA 92590 By: By: Print Name: Daniel Curtin Print Name: Ron Roberts Title: President Title: Mayor Date: Date: ATTEST By: Print Name: Susan W. Jones, MMC Title: City Clerk APPROVED AS TO FORM By: Print Name: Peter M. Thorson Title: City Attorney $ASQpdf797726.doc 6 3/1612006 EXHIBIT A LICENSEE INFORMATION Name: Temecula Library Address: 43200 Business Park Dr. City, State, Zip Code: Temecula, CA 92590 Agreement Date: The date this License and Service Agreement is executed by Comprise. Initial Term Start Date: The date that the Completed Site Installation Report is signed by Licensee. Initial Term End Date: Five (5) years from the Initial Term Start Date. Licensed Location: Name Address Phone City of T emecula Library 30620 Pauba Rd., Temecula, CA 92592 951-308-6300 Installed Location: Installed by Comprise at the T emecula Library $ASQpdf797726.doc 7 3/1612006 EXHIBIT B SAM FUNCTIONS AND COMPONENTS SAM shall be defined as a product capable of performing the following functions and consisting of the following components, all of which shall be provided by Comprise unless otherwise specified. SAM FUNCTIONS A. User Authentication. SAJ\1 will authenticate users into its' own database. SAJ\1 will, at Licensee option, populate its' database via industry standard protocol to query a library's automation software for patron record data. B. Session Time & Mode Management. SAM will enable the Licensee to manage both Time and Mode of patron session Time: SAM will automatically monitor and enforce total daily time allocation, individual session time, and inactivity time. Modes: SAlv1 will support at least two modes of Session Management. The first, PC Manager Mode, governs access to the entire computer similar to a standard network log on. The second, Internet J\1anager Mode, governs only access to the Internet so that the computer can be used without log-on for other purposes. C. Computer Reservations &/or 1 " Available Sign-Up. SAM can allow patrons to: a) reserve a library computer and/or b) add their name to an automated waiting list for the next available computer. Reservations can be made in the library or if optionally configured over the Internet. The Licensee is able to determine how many reservations a patron can make on one day, how far into the future reservations are accepted, and the reservation length of time and grace period. 1 st Available Sign-Up is an in-library feature that automatically assigns computers not in use to the next person on the waiting list. The Licensee is able to create multiple waiting lists to for computers by type or location. Computer Reservations and p' Available Sign-Up can both function within the same physical library but should not be associated with a specific Pc. D. Internet Access/Filter Management. SAJ\1 can integrate with authorized 3rd party filter services so that each patron automatically receives Internet access consistent with the Licensee's policy. SAJ\1 Internet Access J\1anagement features can include: Birth date driven category levels Automatic category level advance at milestone birth dates Community Standard override tables Self service Internet filter selection for adults E. Print Cost Control & Recovery. SAM can be configured differently to meet the requirements of various sites, specifically: Restrict print to a limited num ber of pages Support a "first "x" pages free" policy Notify patrons of print charges before they are incurred Assess different print charges by printer Allow Licensee-designated patrons to print free or at a reduced rate Print document cover page. F. System/Desktop Security (Optional, not purchased by Licensee). SAM can include a desktop security module designed to provide a stable, protected operating environment for patron computers. The range of controlled Microsoft Windows functions includes appearance items, start menu and taskbar, keyboard and mouse, directory and drive availability, and network, printer, and system restrictions. G. Report Manager. SAM will produce reports for any of the connected machines or appliances. Reports are date-range driven and can be run for either the entire system or by individual site. Reports include: Patron Report Group Report Audit Report $ASQpdf797726.doc 8 3/1612006 Reservation Report Print Report SAlv1 cannot be used to generate reports that associate Internet destination requests by individual patron. The availability and performance of SAM FUNCTIONS is dependent upon the Library's technology platform, protocol support, and client operating system(s). Not all SAM FUNCTIONS are compatible with thin client networks. SAM COMPONENTS A SAM Software: shall consist of the following: . Server-installed Comprise proprietary code. This code is the SAM "engine"; it includes the rules, parameter settings, and other data needed for SAM to function as well as an interface by which the Licensee can maintain that information. . Patron-computer-installed Windows-compatible access management application, . Staff-computer-installed Windows-compatible interface to database, B. Other Software: shall consist of the following, provided by licensee unless otherwise specified herein: . Windows 2000 Server Operating System or better . Server-installed Microsoft SQL 2000 Standard (w/single processor license) database, . Server-installed pcAnywhere 32-bit version by Symantec 1 license C. Optional Software: can consist of the following, provided by licensee unless otherwise specified herein: . ProxyllSA Product: Microsoft NT Server 4.0 or Win 2000 Server Microsoft Proxy 2.0 with Service Pack 6 or newer or J\1icrosoft ISA One (I) site non-exclusive end-user licensed copy of a specified multilevel filtering database, D. Hardware: can consist of the following, provided by licensee unless otherwise specified herein. . SAM Server components shall consist of the following: Computer tower or rack mount with motherboard and power supply, Intel1A GHz Processor (or better depending upon load), 10 GB Hard Disk space, 1 GB Ram, 10/1 OOmps Network Interface Card, Video Card . ProxyllSA Server components shall consist of the following: Computer tower or rack mount with motherboard and power supply, Intel 850 MHz Processor (or better depending upon load), 500 ME Hard Disk space, 512 ME Ram, 10/1 OOmps Network Interface Card, Video Card E. Peripherals and Other Supplies: One (I) copy per location of any and all related manuals, publications, and/or instructions on the use of SAlv1 components. $ASQpdf797726.doc 9 3/1612006 EXHIBIT C SAM Library Preparation Form Location 30620 Pauba Rd City, Sf Temecula, CA 92592 Responsible Party: City of Temecula Date: The City of T emecula has requested that Comprise install SAM software at the location(s) listed above. By signing this form, Library is confirming that it is ready for such installation, having prepared itself as more fully described in the Installation Procedure Checklist and other documents supplied by Comprise. This confirmation includes, but is not limited to: ADVANCE FIELD TESTING AND ACCEPTANCE OF INTENDED-USE MODULES BY LIBRARY A Authentication o SAlv1 is communication with the Library's ILS database in a manner and frequency desired. Library is able to apply desired patron record information to SAM functionality. B. Session 1.1anager o SAlv1 is performing Log on/off, with session timers and messages at correct times and with Location settings in all modes, including safe mode. C. Internet Manager o SAlv1 is granting users access to the Internet in the manner and with limitations/entitlements desired. D. Print Manager o SAM is managing print in the manner and with limitations/charges desired. WE HAVE TESTED PRINTING WITH Microsoft Office, Internet browsers and Adobe PDF sites or files. E. Reservations o SAlv1 is signing persons up, whether in Reservation or 1 st Available format, and assigning pes in a manner desired. F. Staff Functions o SAM is enabling staff to perform the functions we desire. Library acknowledges it has been informed that the installation of SAM will be most efficient and have the greatest likelihood of success if the product is installed exactly as it has been field tested by the Library. Library further acknowledges it has been informed that the Comprise installer will resist changing the way the product is configured during his/her site visit and Library agrees to this restriction. By signing this form the Library is acknowledging that SAM has tested to their expectations and thatthe intended Public PCs, Catalog PCs, StaffPCs, printers and copiers are ready and in place for SAM installation team to schedule site installation. Library acknowledges it has been informed that differing site conditions may result in additional charges. Signed & Dated By: For City of Temecula Dale For Comprise Date $ASQpdf797726.doc 10 3/1612006 EXHIBIT C SAM Completed Site Report Location: City, St: Comprise Installer: Date: SAM Version(s) Installed: Number ofPCs: This report verifies that the installer has finished the task of installing SAM software on each licensed computer and that to the satisfaction of each signing party SAM is functioning at the indicated location. This report releases the installer from further work at the site. IMPORTANT: Signing this form does not mean that SAM software is running without "bugs", or that the library has had sufficient time to use the product and report on the functionality of each element: Comprise Technologies continues to be responsible for the support and maintenance of SA11 as specified in the License Agreement. This report establishes for the record a date at which this library can begin using SAM. By signing it the Library indicates that Comprise may invoice and receive payment for SAlv1 at this site. This report also establishes the Initial T enn Start Date for SAM License and Maintenance obligations. Th j: 11 b Punch List Items d b d h Lb f SAM e 0 owmg Items are to e com!: ete ut o not prevent t e 1 rary rom usmg Description Affected Functionality Expected Delivery Date Signed & Dated By: For Comprise Date For Library Date $ASQpdf797726.doc 11 3/1612006 EXHIBIT D INSTALLATION, TRAINING, TECHNICAL SUPPORT, MAINTENANCE AND REPAIR/REPLACEMENT INSTALLATION At Licensee option, Comprise can install SAJ\1 at library facilities. Comprise installation services are strictly based upon the following requirements, which Licensee agrees to: A Installation will be by site appointment, which is subject to change with 3 days notice, B. Patron computers on which SAM is to be installed will be turned off and removed from public service for the duration of the installation appointment, C. Comprise installer(s) shall be given reasonable unrestricted access to Licensee facilities, D. Comprise installer(s) shall be given a library-computer-network account login and password with sufficient rights to accomplish unaided installation of SAM on any intended Licensee device, including servers, E. Conditions differing from those specified above, or different from those agreed to in advance by Comprise will result in additional charges, which Licensee agrees to reimburse at the cost actually incurred or pay at the labor rate of $130 per hour. TRAINING Training of Licensee/Library staff in use of SAM and of individual system components shall be by Comprise or Comprise representatives unless otherwise specified. Comprise shall provide training and user manual documentation as follows: 1. Administrator (person responsible for policies and parameters); this individual is usually well versed in SAM functionality long before the installation Comprise provides guides to assist in the planning and preparation for SAM. The Administrator is free to participate in the "hands-on" training of the Application Specialist, who actually implements the policies and parameters determined by the library. 2. Application Specialist (person responsible for the server); this individual is trained "hands-on" during the server software installation. 3. Technical Staff (person(s) responsible for library network, computers, anq,rinters); this individual(s) is trained "hands-on" during the library software installation. 4. Staff (person(s) who works in library) are trained in Ii day sessions with practice exercises that are divided into three parts: a. Understanding the SAM patron interface, b. Using the SAM staff interface, and, c. Implementing the policies of the library. Staff training shall be performed during a series of half-day consecutive sessions, at a mutually acceptable centralized Licensee facility until all selected staff has had the opportunity to attend one session. Staff training sessions shall be concurrent with site installation. Training of Library staff, including any and all required travel, lodging, meals, transportation, and/or related expenses, shall be included in the payment(s) to the extent specified in Exhibit E, Cost And Payment. TECHNICAL SUPPORT Licensee understands and agrees that requests of Comprise for technical support are handled on an impact priority basis, and not necessarily on the order in which they are received. Licensee agrees to accurately indicate the Impact Level of each support request according to the following scale: A Critical: System does not function B. Severe: Operation severely degraded C. Moderate: Operation moderately degraded D. Minor: No performance impact. $ASQpdf797726.doc 12 3/1612006 Comprise shall respond to requests for technical support according to the guidelines and procedures more fully described in the SAM Customer Support Manual, a copy of which has been provided to Licensee, and which Licensee acknowledges is acceptable to it. Comprise reserves the right to change its technical support guidelines and procedures and will provide Licensee with revised SAM Customer Support Manual(s) as appropriate. Licensee further agrees that any support request that does not include an indication of impact level will be considered by Comprise to be of minor impact. Licensee agrees to allow Comprise scheduled remote Internet access to the server(s) on which SAlv1 software is installed. Such access shall facilitate and allow Comprise full access to SAM software, the SAlv1 patron database, and 11icrosoft Windows directories, and permit file transfer and manipulation. Licensee shall be responsible for the purchase and installation of pcAnywhere 32-bit version 10 or newer on the server(s) prior to the scheduled installation of SAM. Licensee agrees to keep pcAnywhere in the waiting mode and provide Comprise with the necessary IP Address, User Name and Password to access the serv er. Comprise shall provide to Licensee and shall maintain a single "trouble desk" contact point for report of System defects or problems. A. Comprise "trouble desk" contact point shall be responsible for coordination of repair and/or replacement of any and all system components provided by Comprise and Comprise representative. B. Comprise shall establish a single contact point between the Licensee and all system manufacturers, and suppliers. C. The Comprise "trouble desk" contact point shall be available for the reporting of System problems or defects by calling (800) 531-0132 during the following hours (Monday -Friday 7:00 am. - 9:30 pm., Saturday 9:00 am. - 6:00 pm., Sunday 9:00 am. - 6:00 pm. EST) or by em ailing techsunnort@comnrisetechnolo2:ies.com. D. Requests for technical support with Moderate or Minor impact levels shall be addressed by Comprise during its normal business service hours (Monday -Friday 9:00 am. - 6:00 pm. EST). Requests for support of these impact level may not be addressed on Comprise-recognized holidays or during the period between approximately Decem ber 15th and the first Monday of each succeSSIve new year. E. Licensee shall designate two (2) employees (one in the Library and one in Information Services Division) who will be authorized to contact the Comprise "trouble desk" F. These designated Licensee staff shall coordinate their calls and inquiries so that Comprise does not receive conflicting information or instructions from library. MAINTENANCE AND REPAIR/REPLACEMENT All proprietary SAM components as provided by Comprise or Comprise representative shall be maintained by Comprise against defects in workmanship or functionality for a period of twelve (12) months from the date of successful acceptance of SAM by the Licensee. Third party hardware/software is warranted separately by the manufacturer. Any system components or parts of components provided by Comprise that fail within the maintenance period(s) shall be replaced or repaired by Comprise within three (3) business days, Monday through Friday. This service shall be at no cost to Licensee unless those components or parts have failed due to actions of the Licensee staff or by other system users. Any and all travel expenses by Comprise or Comprise representative, related to repair or replacement of individual system components within this first twelve month maintenance period, shall be included in the purchase price unless those components or parts have failed due to actions of the Licensee staff or other System users. $ASQpdf797726.doc 13 3/1612006 Payment Due Date: Payment Amount: $ASQpdf797726.doc EXHIBIT E COSI ANDPAYMENI SAlv1 software & services due upon installation Hardware 50% due upon order, 50% due upon proof of shipment SAM Software - 1 Library Site Server Access License 80 Client Workstation Licenses (Additional licenses are $95 per) System Setup, Installation and Iraining- Server Software Installation / Configuration Single Site Client Workstation Installation On-Site StaffTraining (4 Days) SUB~TbTAr; Optional Components: Internet Filter- 8e6 R3000 Internet Filter License (3 Years; 150 user licenses per year) 8e6 R3000G Server Appliance 24-Month R3000G Extended Parts Warranty 8e6 Enterprise Reporter ER-200 24-Month ER-200 Extended Parts Warranty Configuration of Filter Sub- I otal Account Payment Machine (APM)- 1 Deluxe APM Device 1 Visitor Card Dispenser w/ Locking Stand * * Visitor access cards not included; must be quoted separately. Activation & Shipping Sub- I otal Copier Device Controllers - 7 Device Controllers ($1,225 per) Activation & Shipping ($325 per) Sub- I otal Sign-Up Station Display Device ($995 per) Sub- I otal Wireless Access Management - Bluesocket BSC - 2100 Activation & API Interface to SAM BlueStandard Extended Annual Warranty SW BlueStandard Extended Annual HW Replacement Sub- I otal $12,023 $3,500 $15"523 , $5,400 $3.196 $640 $5,596 $1,120 $800 $16,752 $5,740 $3,062 $375 $9.177 $9.188 $2,438 $11,626 $995 $995 $12,995 $800 $1,425 $1.425 $16,645 $40,1~ Q~TIQ~L~CQI\1PQ~E~T~SlLB~T..9.T,-\L [rOTAL COST: 14 $55)18 3/1612006 Payment Schedule: Down Payment at Contract Signing Payment Due Upon Shipment of Software Payment Due 30 Days after Application Goes Live 25% 25% 50% $13,929.50 $13,929.50 $27,859.00 Annual Renewal Due Date: One (1) year from the date that the Completed Installation Report is signed by Licensee. Annual Renewal Amount: NOTE: Ifthe Annual Renewal Amount includes third party warranty payments, such Renewal Amount is subject to dollar-for-dollar adjustment to reflect increases/decreases in the actual amount(s) charged by third party vendors. Annual Renewal Amount: SAM Software Renewal- Extended Hardware Support and Depot Service - Account Payment Machine Copier Device Controllers BlueStandard Extended Annual Warranty SW BlueStandard Extended Annual HW Replacement $3,105 $815 $1,838 $1,425 $1.425 i:r9,TAL Al\f~AL RE~E}YALAMOp~T: $8,60~ (Attach Comprise Proposal or Cost Schedule) $ASQpdf797726.doc 15 3/1612006 EXHIBIT F Issue Date: SAM Accelerated Development Amendment Exprres m60Days It not accepted Name: Licensee: Address: City, St, Zip: This Amendment is made to the End User License And Service Agreement between Comprise Technologies, Inc. ("Comprise") and the Licensee named above, ("Licensee") with regard to Comprise' SAlv1TM product. In consideration of the mutual covenants and promises set forth herein Comprise and Licensee hereby agree as follows: FUNCTIONALITY To BE DEVELOPED Insert description here or identify additional supporting documents, if any. FUNCTIONALITY TEST N/A FEES AND EXPENSES Subject to Comprise' completion of its obligations herein, Licensee agrees to pay Comprise $XX,XXXXX in US dollars after issuance of an invoice from Comprise. Payment shall be due upon the occurrence of the following milestones: Event Contract Signing Project Completion Total Percentage of Payment Due 0% 100% 100% Dollar Amount Due $ 0.00 $ 0.00 $ 0.00 OTHER This agreement is subject to the terms and conditions of the License And Service Agreement between the parties and the attached Accelerated Development Amendment Terms is hereby incorporated by reference. Comprise Technologies, Inc.: Licensee: By: By: Name: Name: Title: Title: Date: Date: COMPRISE USE ONLY ADA Summary: Components Affected by this Ae:reement. Server Software: OSession OReservation 0 Internet 0 PC Activity OPrint OSecnrity OReports OReal-time ILS Link 0 Onetime ILS Link 0 Snapshot 0 Manual Record Creation o Proxy/ISA Filter Service 0 Appliance Filter Service 0 Other: o Web Server 0 APM Macbine 0 Device ConteolIer(s) 0 Sign-Up Station o MS SQL 2000 0 MS 2000 OS 0 Microsoft ISA Software 0 Remote Access SAM Managers: Authentication: 3rd Party Products: Hardware: Maintenance/Support: 0 Not Supported* D Supported at Contract Rate o Per additional charge of $XXXX /year * Not Supported functionality may not be compatible with future upgrades, enhancements, etc. $ASQpdt797726.doc 16 3/1612006 ACCELERATED DEVELOPMENT AMENDMENT ADDITIONAL TERMS \VHEREAS, Licensee desires to have Comprise, for integration with Comprise's software products, develop unplanned software with new functionality, accelerate development of software Comprise planned for future development or accelerate completion of software currently under development; WHEREAS, Licensee has agreed to pay Comprise in the manner described herein for developing or accelerating development of such software and Comprise desires to perform such development as set forth below. NOW, THEREFORE, the parties hereby agree as follows: 1. Ai!reement to Develov Software Subject to the tenns and conditions of this Amendment, Comprise hereby agrees to develop the software (hereinafter referred to as the "Software"), as more specifically described herein and in any Riders, Exhibits and Attachments attached hereto and which are made a part hereof 2 Performance and Duties A. Comprise agrees to perform the described development services in a diligent and professional manner and further agrees to devote such time, energy and attention to the performance of such services as are reasonably necessary to perform this Amendment. Licensee agrees to timely and diligently perform all that shall be required of it in aiding the development process. Licensee acknowledges that any delay in its performance may result in greater than a day for day delay in Comprise' performance due to resulting scheduling and prior obligation conflicts. Licensee agrees to observe the business policies, procedures and security requirements of Comprise. B. Unless specifically stated elsewhere in this agreement no promise to provide future upgrades, modifications, enhancements or improvements to or for the Software is made. Any such upgrades, modifications, enhancements or improvements shall be provided, if at all, pursuant to Comprise' End User License and Service Agreement and shall be subject to payment of appropriate maintenance fees for the Software. 3. Term and Termination A This Amendment shall be effective as of the date set forth above and shall continue until the development of the Software is completed. Upon mutual agreement the parties may terminate this Amendment prior to end of the term. Within thirty (30) days of termination of this Amendment, Licensee shall pay to Comprise an amount equal to one-half of the specified Total Fee. B. Development of the Software shall be deemed complete when the functionality described in the Scope of Work, shall be reasonably available for Licensee's use and any specified functionality test shall have been successfully passed. The Software shall not have to be 'bug' free to be deemed complete. 4. Relation of the Parties Comprise shall perform the work under this Agreement as a non-exclusive independent contractor and nothing herein shall be construed to create any partnership, agency or joint venture relationship between the Parties. Neither Parties' employees, subcontractors, nor the employees of any of them, shall be deemed for any purpose to be employees of the other Party. 5. Other This Amendment is subject to the Confidentiality, Ownership, Software License, Indemnifications, Limitation of Liability, Governing Law, and all other Terms of the SAM End User License And Service Agreement in effect with your Organization. END OF PAGE REMAINDER OF TillS PAGE INTENTIONALLY LEFT BLANK $ASQpdf797726.doc 17 3/1612006 EXHIBIT G FORM OF ADDENDUM LICENSE AMENDMENT Upon execution by both parties, the License And Service Agreement, (Agreement), by and between Comprise Technologies, Inc, (Comprise) located at 1041 Route 36, PO Box 425, Navesink, New Jersey 07752 and the Licensee listed below is hereby amended as follows: Licensee: Address: City, State, Zip Code: Description of Amendment: Initial Cost of Amendment: Initial Cost Payment Due Date: Upon Installation Annual Renewal Cost of Amendment: Annual Renewal Payment Due Date: Upon Installation OR Annual Renewal Due Date: One (I) year from the date that the Completed Installation Report is signed by Licensee. Entire Addendum; Amendment This Addendum constitutes the entire amendment of the Agreement between the parties and shall supersede and merge all prior and contemporaneous communications, understandings and agreements with respect to the subject matter hereof COMPRISE TECHNOLOGIES, INC 1041 Route 36 West PO Box 425 Navesink, New Jersey 07752 City of Temecula 43200 Business Park Dr T emecula, CA 92590 By: By: Print Name: Daniel Curtin Print Name: Title: President Title: Date: Date: $ASQpdf797726.doc 18 3/1612006 ITEM NO.8 Approvals City Attorney Director of Finance City Manager p...f' ,.!JI?- 9~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: March 28, 2006 SUBJECT: Award the Construction Contract for Pavement Rehabilitation Program FY 2005/06 - Diaz Road - Project No. PW05-06 PREPARED BY: Greg Butler, Principal Engineer Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for Pavement Rehabilitation Program FY 2005/06 - Diaz Road, Project No. PW05-06 to R.J. Noble Company in the amount of $2,584,080.20 and authorize the Mayor to execute the contract; 2. Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $258,408.02, which is equal to 10% of the contract amount. 3. Approve the acceleration of $2,000,040.00 from the Capital Improvement Budgetfor the FY 2006-2007 to the current FY2005-2006 budget to cover the construction cost. 4. Approve a transfer in the amount of $60,000.00 from the Pauba Road Improvements Phase II project to the Pavement Rehabilitation Program FY2005-2006. BACKGROUND: On January 10, 2006 the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. This project addresses the roadway pavement on Diaz Road between Rancho California Road and Winchester Road. Within this area, the roadway structural section will be reconstructed and new reinforced concrete pipes will replace all corrugated, metal storm drain pipes. Existing features such as utility covers, traffic signal loop detectors, and striping will be reinstalled. Five (5) bids were received and publicly opened on March 14, 2006. The results were as follows: BIDDER BID AMOUNT R.J. Noble Company $2,584,080.20 All American Asphalt $2,606,606.00 Romero General Construction $3,222,929.34 Sim J. Harris, Inc. $3,279,371.52 Vance Corporation $3,338,426.25 A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found several minor mathematical errors among two of the bids. The above bid results reflect corrected dollar amounts. The corrections did not impact the position of the lowest responsible bidder, R. J. Noble Company, of Orange, California. R.J. Noble Company has extensive experience in roadway rehabilitation and has successfully completed similar projects for the City and other public agencies. The Engineer's estimate for this project was $2,600,000. The specifications allow seventy (70) working days for the completion of this project. The majority of work will take place at night to minimize disruption to the traveling public. FISCAL IMPACT: The Pavement Rehabilitation Program Citywide is a Capital Improvement Project funded through Measure A Funds. Acceleration of $2,000,040.00 from FY 2006-2007 and the transfer of $60,000.00 from the Pauba Road Improvement Phase II project is necessary to cover the construction cost for this project. The total construction cost is $2,842,488.22, which includes the contract amount of$2,584,080.20 plus 10% contingency amount of $258,408.02. ATTACHMENTS: 1. Project Description 2. Contract CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW05-06 PA VEMENT REHAB/UTA TlON PROGRAM FY 2005/2006 - D/AZ ROAD THIS CONTRACT, made and entered into the 28'" day of March, 2006 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and R.J. Noble Company, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW05- 06, PAVEMENT REHABILITATION PROGRAM FY 2005/2006 - DIAZ ROAD, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW05-06, PAVEMENT REHABILITATION PROGRAM FY 2005/2006 - DIAZ ROAD. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provISions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW05-06, PAVEMENT REHABILITATION PROGRAM FY 2005/2006 - DIAZ ROAD. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. CONTRACT C-! R:\CIP\Projects\PW05-06\Agreements\Construction Contract Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW05-06 PAVEMENT REHABILITATION PROGRAM FY 2005/2006 - DIAZ ROAD All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO MILLION FIVE HUNDRED EIGHT FOUR THOUSAND EIGHTY DOLLARS and TWENTY CENTS ($2,584,080.20), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed seventy (70) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT C-2 R:\CIP\Projects\PW05-06\Agreements\Construction Contract B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two thousand dollars ($2,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT C-3 R:\CIP\Projects\PW05-06\Agreements\Construction Contract 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT C-4 R:\CIP\Projects\PW05-06\Agreements\Construction Contract 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT C-5 R:\CIP\Projects\PW05-06\Agreements\Construction Contract 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-B R:\CIP\Projects\PW05-06\Agreements\Construction Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR R.J. Noble Company 15505 E. Lincoln Ave. Orange, CA 92865 (714) 637-1550 Stan Hilton, Secretary Michael J. Carver, President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Ron Roberts, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C-7 R:\CIP\Projects\PW05-06\Agreements\Construction Contract EXHIBIT "0" - GEOTECHNICAL REPORT 0-1 CIWINDOWS\9.rscbclll8ttemp\11156\$ASOpjf79M4.oot ITEM NO.9 Approvals City Attorney Director of Finance City Manager JM.r /J/l 9~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: March 28, 2006 SUBJECT: Ratification of Election Results - Tract Map No. 31344 PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7, 2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: At the meeting of January 10,2006, the Board of Directors adopted Resolution No. CSD 06-02, which called for a Special Election to be held among the property owners of the parcels within Tract Map No. 31344. The purpose of this election was to establish Service Level B, Service Level C, and Service Level D, rates and charges for street lighting, perimeter landscaping and slope landscaping maintenance, and refuse and recycling collection services per residential parcel beginning FY 2005-06 This election was conducted by mail with a final date for acceptance of ballots to be no later than 10:30 a.m. on March 7, 2006. At 10:30 a.m. on that date, the City Clerk acting in her capacity as the City's Election Official and as the Secretary of the Board of Directors of the Temecula Community Services District declared the receipt period for receiving ballots closed. At 11 :00 a.m., the Elections Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy City Clerk Michaela Ballreich, and Administrative Assistant Cheryl Domenoe conducted the canvass of the results. The whole number of ballots cast for establishment of the annual levy for Service Level B for Proposed Residential Street Lighting and Service Level C for Perimeter and Slope Landscape Maintenance per residential parcel beginning FY 2006-07; and Service Level D for Refuse/Cycling Collection Services per occupied parcel beginning FY 2006-07 on the ballot were as follows: I;"' I ~o I ~ncomPlete Staff recommends adoption of the resolution ratifying the results of this election. FISCAL IMPACT: the election results. There is no direct fiscal impact as a consequence of the ratification of ATTACHMENTS: Resolution No. CSD 06-_ Official Tally of the Votes Vicinity Map RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7, 2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS: WHEREAS, a Special Mail-in Ballot Election was held and conducted in the City of Temecula, California, on March 7, 2006, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that the special election was for the purpose of obtaining approval by property owners within Tract 31344, for establishment of the annual levy of TCSD Rates and Charges for each affected parcel as follows: Service Level B $25.68 Rates and Charges for Proposed Residential Street Lighting, Service Level C $315.00 Rates and Charges for Perimeter Landscaping and Slope Maintenance per residential parcel beginning FY 2006-07, with a Consumer Price Index Inflator, and Service Level D $190.92 for Refuse and Recycling Collection Services per occupied parcel beginning FY 2006-07 was properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. CSD 06-02, adopted January 10, 2006, the ballots were returned to the office of the City Clerk/Secretary of the Temecula Community Services District; the results were received, canvassed in public and are herein set forth in Section 2. NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the homeowners election was one (1) and the whole number of provisional ballots cast in the election was none (0). R:/CSD Resos 2006/CSD 06- Section 2. That the whole number of ballots cast for establishment of the annual levy for Service Level B for Proposed Residential Street Lighting and Service Level C for Perimeter and Slope Landscape Maintenance per residential parcel beginning FY 2006-07; and Service Level D for Refuse/Cycling Collection Services per occupied parcel beginning FY 2006-07 on the ballot were as follows: I~" 1:0 I ~n'~PI.t. Section 3. The Board of Directors of the Temecula Community Services District does declare and determine that as a result of the election, a majority of the voters voting on the measure relating to the establishment of Service Level B, Service Level C, and Service Level D Rates and Charges beginning Fiscal Year 2006-07 pursuant to Article XIIID, Section 6 of the California Constitution, did vote in favor of the measure and that the measure was carried, and shall be deemed adopted and ratified. Section 4. The City Clerk/Secretary of the Temecula Community Services District (TCSD) shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The votes in favor, (3) The votes in opposition and (4) Those received incomplete. Section 5. The City Clerk shall certify the adoption of this resolution. R:/CSD Resos 2006/CSD 06- 2 PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 28th day of March, 2006. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 06- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 28th day ofMarch , 2006, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary R:/CSD Resos 2006/CSD 06- 3 OFFICIAL TALLY OF THE VOTES FOR TCSD LEVY/SPECIAL TAX TRACT MAP NO, 31344 BEGINNING FISCAL YEAR 2006/07 TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED RATES AND CHARGES - SERVICE LEVEL B FOR RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C FOR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE, AND SERVICE LEVEL D FOR REFUSE AND RECYCLING COLLECTION SERVICES Yes No \ TOTAL \ TOTAL 0 ELECTION BOARD 0-- Michaela A. Ballreich, Dep Election Officer ChCI~D QA~d ""tt' A'f't t ery ome oe, miniS ra Ive. SSIS an Election Officer ElectionNote Tally Rates & Charges .... o d -<::0 ;;! .... Z)> r )> F'TIZ r NO .... U) ::o:I: Rl :I: 00 '" ::0 )>< U) C 0- CD U) U);;! z )>:I: .... ::0 ::0::0 ~ ffi~ )>0 ::OU) ~:I: ::0 C CD )> ::0 ~ ~ -- .... I !'>- N- N CD 00. ..f!Io. ..... .p.W :& N -..J~ m en U)(J) o "'TJ "'T1"'TJ X ~ . -:---........ VI ..," ..f!Io. U)~ )> )> o O~ ,::0 ;:::0:;;0 a a,1Tl ~ ~ ~ ~ u:!I'1 I ~ II ~ ~ I n!~ ~ a ~ I lip @ ~ ~ '" ~ ... ~ ~ ~ ... \ r )> z ~ ~ ~ f~ () ~ 'I r r_, ~ ~ ~ o ~~ ~ ~ ~J I Z ~ ~t\ ~ nt ~K ;p ~:lI~ ~~~ ~~ ~ ~ ~ ~ ITEM NO.1 0 Approvals City Attorney Director of Finance City Manager ~ /J1l.. ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: March 28, 2006 SUBJECT: Ratification of Election Results - Roripaugh Ranch Specific Plan #11 PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7, 2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: At the meeting of January 10,2006, the Board of Directors adopted Resolution No. CSD 06-01, which called for a Special Election to be held among the property owners of the parcels within Roripaugh Ranch Specific Plan #11. The purpose of this election was to establish Service Level C, and Service Level D, rates and charges for perimeter landscaping and slope landscaping maintenance, and refuse and recycling collection services per residential parcel beginning FY 2005-06 This election was conducted by mail with a final date for acceptance of ballots to be no later than 10:00 a.m. on March 7, 2006. At 10:00 a.m. on that date, the City Clerk acting in her capacity as the City's Election Official and as the Secretary of the Board of Directors of the Temecula Community Services District declared the receipt period for receiving ballots closed. At 10:30 a.m., the Elections Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy City Clerk Michaela Ballreich, and Administrative Assistant Cheryl Domenoe conducted the canvass of the results. The whole number of ballots cast for establishment of the annual levy for Service Level C for Perimeter and Slope Landscape Maintenance per residential parcel beginning FY 2006-07 and Service Level D for Refuse/Cycling Collection Services per occupied parcel beginning FY 2006-07 on the ballot were as follows: I:"' I ~o I ~ncomPlete Staff recommends adoption of the resolution ratifying the results of this election. FISCAL IMPACT: the election results.. There is no direct fiscal impact as a consequence of the ratification of ATTACHMENTS: Resolution No. CSD 06-_ Official Tally of the Votes Vicinity Map RESOLUTION NO. CSD 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7, 2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE ASFOLLOWS: WHEREAS, a Special Mail-in Ballot Election was held and conducted in the City of Temecula, California, on March 7, 2006, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that the special election was for the purpose of obtaining approval by property owners within Roripaugh Ranch Specific Plan #11, for establishment of the annual levy of TCSD Rates and Charges for each affected parcel as follows: Service Level C $26.00 Rates and Charges for Perimeter Landscaping and Slope Maintenance per residential parcel beginning FY 2006-07, with a Consumer Price Index Inflator, and Service Level D $190.92 for Refuse and Recycling Collection Services per occupied parcel beginning FY 2006-07 was properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. CSD 06-01, adopted January 10, 2006, the ballots were returned to the office of the City Clerk/Secretary of the Temecula Community Services District; the results were received, canvassed in public and are herein set forth in Section 2. NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the homeowners election was five (5) and the whole number of provisional ballots cast in the election was none (0). R:/CSD Resos 2006/CSD 06- Section 2. That the whole number of ballots cast for establishment of the annual levy for Service Level C for Perimeter and Slope Landscape Maintenance per residential parcel beginning FY 2006-07 and Service Level D for Refuse/Cycling Collection Services per occupied parcel beginning FY 2006-07 on the ballot were as follows: I:" 1:0 I :n'~PI.t. Section 3. The Board of Directors of the Temecula Community Services District does declare and determine that as a result of the election, a majority of the voters voting on the measure relating to the establishment of Service Level C and Service Level D Rates and Charges beginning Fiscal Year 2006-07 pursuant to Article XIIID, Section 6 of the California Constitution, did vote in favor of the measure and that the measure was carried, and shall be deemed adopted and ratified. Section 4. The City Clerk/Secretary of the Temecula Community Services District (TCSD) shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The votes in favor, (3) The votes in opposition and (4) Those received incomplete. Section 5. The City Clerk shall certify the adoption of this resolution. R:/CSD Resos 2006/CSD 06- 2 PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 28th day of March, 2006. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 06- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 28th day ofMarch , 2006, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary R:/CSD Resos 2006/CSD 06- 3 OFFICIAL TALLY OF THE VOTES FOR TCSD LEVY/SPECIAL TAX RORIPAUGH RANCH SPECIFIC PLAN #11 BEGINNING FISCAL YEAR 2006/07 TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED RATES AND CHARGES - SERVICE LEVEL C FOR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE AND SERVICE LEVEL 0 FOR REFUSE AND RECYCLING COLLECTION SERVICES Yes II l l TOTAL '-{ ELECTION BOARD No )0+':'\ ::x::;.......,...pL..;k.. - l ~..llot- w<0 (\o~ f"\c:U""~ ....s.+l eo. ",,+c.. TOTAL 0 , "'~~ Michaela A. Ballreich, eputy City Clerk Election Officer Cheryl Do noe, Adrninistrative Assistant Election Officer ElectionNote Tally Rates & Charges ASHBY USA. ue FIGURE ES-r r--., /'~.. ( ATTACHMENT 3 ! ) 11 I -<<~... 0:'" .... ~ \ \ \ \ \ \ \ .".- .., \%.' cq.:\ ~ ~\ '\, ,\, I i ~.~\ --------- UNIMPROVED ROADWAYS IMPROVED ROADWAYS - - - - - SPECIFIC PLAN BOUNDARY -.----- CITY LIMITS ( ) ~. ",' rn The Ke;th Compenle .I~, C', NOT T 0 8.0 ALE I , "I /., .-[" R () 1'i I );l u.~1 J"-~.:~.:., Ran ch a.. co ~ ~' .- .g; .- I ::! 01 Q)I .~li e, c.., ITEM NO. 11 Approvals City Attorney Director of Finance City Manager V iJlL L/ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Exeeutive Direetor/Ageney Members FROM: John Meyers, Redevelopment Direetor DATE: Mareh 28, 2006 SUBJECT: Status Update on the Temeeula Edueation Center RECOMMENDATION: Reeeive and File. BACKGROUND: On February 28,2006, the Ageney adopted a Third Amendment to the Disposition and Development Agreement (DDA). The Third Amendment provided for the Publie Works Department to manage the mass grading and soil remediation for the Edueation Center. At the same meeting, the Couneil also authorized the solieitation of bids for this work. As eurrently projeeted the grading aetivity will start in May of this year. DISCUSSION: Building Plans for the Campus buildings as well as the residential buildings have been submitted to our Building Department. These plans are in their final stages of the plan eheek proeess. Certain sub-speeies of fairy shrimp that are eonsidered endangered are eurrently present on site. We have been working with the Riverside Conservation Ageney, and other State/Federal Ageneies to develop a reloeation plan for the shrimp. This plan is now in the final stages and we are hopeful that we will obtain the neeessary approvals to have the shrimp reloeated before we begin our major grading operations. CONCLUSION: The developer remains eommitted to moving the projeetforward as quieklyas possible. He has spent eonsiderable resourees on projeet design and speeial studies. ITEM NO. 12 Approvals City Attorney Director of Finance City Manager ~ PIZ ~ CITY OF TEMECULAlTEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Exeeutive Direetor/City Manager Ageney Members/City Couneil FROM: John Meyer, Redevelopment Direetor DATE: Mareh 28, 2006 SUBJECT: Owner Partieipation Agreement for Dalton III Mixed Use Affordable Housing Projeet RECOMMENDATION: That the City Couneil/Temeeula Redevelopment Ageney: 1. That the City Couneil adopt a resolution entitled: RESOLUTION NO. 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND PALOMAR HERITAGE BUILDING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2. That the Temeeula Redevelopment Ageney adopt a resolution entitled: RESOLUTION NO. RDA 06 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULAAND PALOMAR HERITAGE BUILDING, LLC, A CALIFORNIA LIMITED COMPANY BACKGROUND: The Temeeula Redevelopment Ageney has been engaged in the development, rehabilitation and preservation of affordable housing sinee 1995. The Ageney's Affordable Housing goals include: D Inereasing, improving and preserving the supply of supply of affordable housing D Upgrading the physieal appearanee of Projeet Area neighborhoods D Establishing new standards for the private development within Projeet Area neighborhoods. Project Description Mr. Dalton is proposing to develop a 26,000 square foot mixed use projeet on .32 aeres along the north side of Fifth Street, midway between Old Town Front and Mereedes (adjaeent to their building that is eurrently under eonstruetion). This projeet will be Dalton's third projeet and eomplete development along the north side of Fifth Street. The projeet will be a three story building with 22 units of affordable housing and about 4,700 square feet of eommereial/retail. The projeet will eontain 12 one bedroom units, eight of whieh will be reserved at 60% (low) of median ineome and four at 110% (moderate of median ineome. The projeet will eontain 10 two bedroom units of whieh four will be reserved for 60% (low) of median ineome and six will be reserved for 110% (moderate) of median ineome. Allowable rents will range from $579-$1,263 per month. Agency Involvement The proposed projeet represents the seeond affordable mixed use development in Old Town. As with all the projeets reeeiving Ageney assistanee, this projeet would not be eeonomieally viable without the Ageney's involvement. Agency Assistance The Ageney's eontribution to this projeet is eonsistent with our eontribution to the first projeet. Onee again, the Ageneyeontraeted with Keyser Marston Assoeiates Ine. ("KMA") as a third partyanalystto assist in reviewing the developer's eonstruetion and rent estimates. The total eost of the proposed projeet is just under $6.4 million or $244 per square foot. Onee again, KMA's analysis determined that the projeet eould support additional Ageney assistanee. However, the Ageney staff is reeommending we limit the Ageney's eontribution to be $3.3 million or $150,000 per unit. The projeet is superior to the quality projeets the Ageney has assisted in the Pujol neighborhood. In order for the projeet to move forward, the Daltons have aeeepted a lower return on investment that is eustomaryforthis type of projeet. This refleets the Dalton's eommitmentto Old Town and to building a quality projeet. Owner Participation Agreement In order to faeilitate the proposed projeet, the Ageney and the Dalton's will enter into an Owner Partieipation Agreement (OPA) to establish the terms and eonditions surrounding the development of the projeet. This property will have a 55 year eovenant restrieting rent levels available to households earning no more than 60% and 110% of the median ineome. Consistent with the previous Dalton projeet, the Ageney's finaneial eontribution will serve as a "take out loan" and be funded only after the projeet has been eompleted. CONCLUSION: This is an attraetive projeet forthe Ageney. In addition to providing affordable housing, this projeet will further revitalize the Old Town distriet and eontinue to set high standards all new development in the area. FISCAL IMPACT: Suffieient affordable housing funding in the amount of$3.3 million will be available for this projeet beginning FY 2007-08 (July 1 , 2007) and the projeet will be included in the FY 2007 - 2011 Capital Improvement Program. This has been diseussed with Mr. Dalton and he is in agreement with these terms. ATTACHMENTS: Couneil Resolution No. 06-_ Ageney Resolution No. 06-_ Owner Partieipation Agreement Legal Deseription Exhibit B - Sehedule of Performanee Irrevoeable Loan Letter Coneeptual Site Plan/Elevations Feasibility Analysis RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT AND LOAN AGREEMENT BETWEEN THE AGENCY AND PALOMAR HERITAGE BUILDING, LLC CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action ofthe City Council ofthe City of Temecula. B. On June 12, 1988, the Board of Supervisors ofthe County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions ofthe CRL. On December 1,1989, the City of Temecula was incorporated. The boundaries ofthe Project Area described in the Plan are entirely within the boundaries ofthe City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency ofthe City of Temecula assumed jurisdiction over the Plan as ofJuly 1, 1991. C. The Owner Participation Agreement and Loan Agreement (collectively "Agreements") approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988- 1, as amended. The specific purpose ofthe Agreements is to further the Agency's affordable housing goals in the City of Temecula (the "City") by providing a conditional commitment to fund a permanent loan that will be used to pay part of a construction loan for, and thereby facilitate the construction of, twelve (12) one- bedroom and ten (10) two-bedroom apartments for persons oflow, very low up to 60%, and moderate income as defined in Section 50093 of the California Health and Safety Code (i.e. to families earning up to 110% of Riverside median income) on the Site located at.32 acres along the north side of Fifth Street, (APN 922-024- C:\WINDOWS\apsdoc\nettemp\1220 $ASQpdf798248.DOC 1 010 & 011), Temecula, and thereby increase the supply of affordable housing in the City (the "Project"). D. The Agreements are also intended to effectuate the objectives of the Agency and the City of Temecula (the "City") in complying with their obligation to provide low and moderate income housing pursuant to the Health and Safety Code of California and the goals ofthe City's Housing Element to the Temecula General Plan. The Developer's development ofthe Project and the fulfillment generally ofthese Agreements are in the best interest ofthe City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. E. On March 28,2006 the Agency duly noticed and held ajoint public hearing before the Board of Directors ofthe Redevelopment Agency ofthe City of Temecula and the City Council ofthe City of Temecula concerning the approval of the proposed Owner Participation Agreement and Loan Agreement with Developer. F. The development ofthe Project as required by the Agreements will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that development of Project on the Site will: (1) Establish development standards and the rehabilitation and improvement of obsolete, deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular parcels into a site appropriate for development; (3) encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan; and (4) preserve, improve, and expand housing opportunities for low and moderate income residents. G. The Agreements are consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. H. The redevelopment ofthe Project site as provided in the Agreements is consistent with the City's General Plan and the Old Town Specific Plan. 1. The Agency Board has duly considered all terms and conditions of the proposed Agreements and believes that the Agreements are in the best interests ofthe Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. 1. The Agreements pertain to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. C:\WINDOWS\apsdoc\nettemp\1220 $ASQpdf798248.DOC 2 Section 2. The City Council of the City of Temecula hereby further finds, determines and declares that: A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to the CRL Section 33670 for the purposes of increasing, improving and preserving the community's supply of housing available at afford- able housing costs to persons and families oflow to moderate income, including lower income and very low income households. B. Pursuant to the CRL, the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund"). C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of persons and families of low or modente income to the extent those households cannot obtain housing at affordable costs on the open market. D. No other reasonable means of private or commercial financing for the new low and moderate income units of the Project is reasonably available to the Agency or the Owner at the same level of affordability and quantity provided by the Agreements. Additionally, while the funds from the Agency's Low and Moderate Income Housing Fund being used assist in the development of the Project exceed fifty percent (50%) ofthe cost to produce the units ofthe Project, the Agency finds, based on substantial evidence in the record, that the Agency and the Owner have made a good faith attempt but have been unable to obtain commercial or private means of financing the units at the same level of affordability and quantity as provided for the Proj ect. E. Developer proposes, with the assistance ofthe Agency, to develop the Project and upon completion to make available for the longest feasible period oftime all ofthe housing units in the Project at affordable rents to low to moderate income households. F. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the CRL. G. The expenditures from the Housing Fund as contemplated by the Agreements approved by this Resolution will directly and specifically increase, improve, and preserve the community's supply of low and moderate income housing within the meaning of Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by providing new housing which restricted so as C:\WINDOWS\apsdoc\nettemp\1220 $ASQpdf798248.DOC 3 to be affordable for occupancy by very low income, lower income and median income households. H. The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of low rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreements approved hereby is not subject to the provisions of said Article XXXIV. Section 3. The City Council hereby finds and determines that the lien of the covenants required pursuant to the Agreements may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available. Section 4. While the City Council determines that participation in the feasibility analysis, financing, and development ofthe Project does not constitute development, construction or acquisition of a low-rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 ofa proposal which may result in housing assistance benefiting persons of low income. Section 5. The approval ofthis Agreements by the Agency constitutes an action by the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions ofthe California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 ofthe California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs with in the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval ofthe Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in-fill project" and is exempt from the provisions ofthe California Environmental Quality Act pursuant to Section 15332 ofthe CEQA Guidelines (Title 14 ofthe California Code of Regulations). Section 6. The City Council of the City of Temecula hereby approves that certain agreement entitled "Owner Participation Agreement" and that certain agreement entitled "Loan Agreement" each by and Between Temecula Redevelopment Agency and C:\WINDOWS\apsdoc\nettemp\1220 $ASQpdf798248.DOC 4 D' Alto Partners LLC, a California limited liability company with such changes in such document as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Agreements which are on file in the Office ofthe Agency Secretary. Section 7. The City Clerk shall certify the adoption of this Resolution. C:\WINDOWS\apsdoc\nettemp\1220 $ASQpdf798248.DOC 5 PASSED, APPROVED AND ADOPTED by the City Council ofthe City of Temecula on March 28, 2006. Ron Roberts Mayor ATTEST: Susan Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ) ss I, Susan Jones, CMC, City Clerk ofthe City of Temecula, do hereby certify that the Resolution No. 06- was duly and regularly adopted by the Board of Directors ofthe Redevelopment Agency ofthe City of Temecula at a regular meeting thereof, held on March 28, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan Jones, CMC City Clerk C:\WINDOWS\apsdoc\nettemp\1220 $ASQpdf798248.DOC 6 RESOLUTION NO. RDA 06- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT AND LOAN AGREEMENT BETWEEN THE AGENCY AND PALOMAR HERITAGE BUILDING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency ofthe City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action ofthe City Council ofthe City of Temecula. B. On June 12, 1988, the Board of Supervisors ofthe County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions ofthe CRL. On December 1,1989, the City of Temecula was incorporated. The boundaries ofthe Project Area described in the Plan are entirely within the boundaries ofthe City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency ofthe City of Temecula assumed jurisdiction over the Plan as ofJuly 1, 1991. C. The Owner Participation Agreement and Loan Agreement (collectively "Agreements") approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988- 1, as amended. The specific purpose ofthe Agreements is to further the Agency's affordable housing goals in the City of Temecula (the "City") by providing a conditional commitment to fund a permanent loan that will be used to pay part of a construction loan for, and thereby facilitate the construction of, twelve (12) one- bedroom and ten (10) two-bedroom apartments for persons oflow, very low up to(60%), and moderate income as defined in Section 50093 ofthe California Health and Safety Code (i.e. to families earning up to 110% of Riverside median C:\WINDOWS\apsdoc\nettemp\3216 $ASQpdf798249.DOC 1 income Jon the Site located at 32 acres along the north side of Fifth Street, (APN 922-024-010 &011), Temecula, and thereby increase the supply of affordable housing in the City (the "Project"). D. The Agreements are also intended to effectuate the objectives of the Agency and the City of Temecula (the "City") in complying with their obligation to provide low and moderate income housing pursuant to the Health and Safety Code of California and the goals ofthe City's Housing Element to the Temecula General Plan. The Developer's development ofthe Project and the fulfillment generally ofthese Agreements are in the best interest ofthe City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. E. On March 28,2006 the Agency duly noticed and held ajoint public hearing before the Board of Directors ofthe Redevelopment Agency ofthe City of Temecula and the City Council ofthe City of Temecula concerning the approval of the proposed Owner Participation Agreement and Loan Agreement with Developer. F. The development ofthe Project as required by the Agreements will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that development of Project on the Site will: (1) Establish development standards and the rehabilitation and improvement of obsolete, deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular parcels into a site appropriate for development; (3) encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan; and (4) preserve, improve, and expand housing opportunities for low and moderate income residents. G. The Agreements are consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. H. The redevelopment ofthe Project site as provided in the Agreements is consistent with the City's General Plan and the Old Town Specific Plan. 1. The Agency Board has duly considered all terms and conditions of the proposed Agreements and believes that the Agreements are in the best interests ofthe Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. 1. The Agreements pertain to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the C:\WINDOWS\apsdoc\nettemp\3216 $ASQpdf798249.DOC 2 Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Board of Directors of the Redevelopment Agency ofthe City of Temecula hereby further finds, determines and declares that: A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to the CRL Section 33670 for the purposes of increasing, improving and preserving the community's supply of housing available at afford- able housing costs to persons and families oflow to moderate income, including lower income and very low income households. B. Pursuant to the CRL, the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund"). C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of persons and families of low or modente income to the ex tent those households cannot obtain housing at affordable costs on the open market. D. No other reasonable means of private or commercial financing for the new low and moderate income units of the Project is reasonably available to the Agency or the Owner at the same level of affordability and quantity provided by the Agreements. Additionally, while the funds from the Agency's Low and Moderate Income Housing Fund being used assist in the development of the Project exceed fifty percent (50%) ofthe cost to produce the units ofthe Project, the Agency finds, based on substantial evidence in the record, that the Agency and the Owner have made a good faith attempt but have been unable to obtain commercial or private means of financing the units at the same level of affordability and quantity as provided for the Proj ect. E. Developer proposes, with the assistance ofthe Agency, to develop the Project and upon completion to make available for the longest feasible period oftime all ofthe housing units in the Project at affordable rents to low to moderate income households. F. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the CRL. G. The expenditures from the Housing Fund as contemplated by the Agreements approved by this Resolution will directly and specifically increase, improve, and preserve the community's supply of low and moderate income housing within the meaning of Health and Safety Code Section 33334.2 and will C:\WINDOWS\apsdoc\nettemp\3216 $ASQpdf798249.DOC 3 be of benefit to the Project Area by providing new housing which restricted so as to be affordable for occupancy by very low income, lower income and median income households. H. The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of low rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreements approved hereby is not subject to the provisions of said Article XXXIV. Section 3. The Agency hereby finds and determines that the lien ofthe covenants required pursuant to the Agreements may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available. Section 4. While the Agency determines that participation in the feasibility analysis, financing, and development ofthe Project does not constitute development, construction or acquisition of a low-rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting persons of low income. Section 5. The approval ofthis Agreements by the Agency constitutes an action by the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions ofthe California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 ofthe California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs with in the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval ofthe Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in-fill project" and is exempt from the provisions ofthe California Environmental Quality Act pursuant to Section 15332 ofthe CEQA Guidelines (Title 14 ofthe California Code of Regulations). The Executive Director ofthe Agency is directed to file a Notice of Exemption ofthis action as required by CEQA and the CEQA Guidelines. C:\WINDOWS\apsdoc\nettemp\3216 $ASQpdf798249.DOC 4 Section 6. The Board of Directors ofthe Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Owner Participation Agreement" and that certain agreement entitled "Loan Agreement" each by and Between Temecula Redevelopment Agency and D' Alto Partners LLC, a California limited liability company with such changes in such document as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Agreements which are on file in the Office ofthe Agency Secretary. The Chairperson ofthe Agency is hereby authorized to execute the Agreements, including related exhibits and attachments on behalf ofthe Agency. A copy ofthe final Agreements when executed by the Agency Chairperson shall be placed on file in the Office ofthe Secretary of the Agency. Section 7. The Executive Director ofthe Agency (or his designee), is hereby authorized, on behalf ofthe Agency, to take all actions necessary and appropriate to carry out and implement the Agreements and to administer the Agency's obligations, respon- sibilities and duties to be performed under the Agreements and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreements. Section 8. Resolution. The Secretary ofthe Agency shall certify the adoption ofthis C:\WINDOWS\apsdoc\nettemp\3216 $ASQpdf798249.DOC 5 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on March 28,2006. Mike Naggar Chairperson ATTEST: Susan Jones, MMC City Clerk! Agency Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ) ss I, Susan Jones, CMC, Secretary ofthe Redevelopment Agency ofthe City of Temecula, do hereby certify that the Resolution No. RDA 06- was duly and regularly adopted by the Board of Directors ofthe Redevelopment Agency ofthe City of Temecula at a regular meeting thereof, held on March 28, 2006 by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan Jones, MMC City Clerk! Agency Secretary C:\WINDOWS\apsdoc\nettemp\3216 $ASQpdf798249.DOC 6 C:\WINDOWS\apsdoc\nettemp\3216 $ASQpdf798249.DOC 7 OWNER PARTICIPATION AGREEMENT (Dalton III) THIS OWNER PARTICIPATION AGREEMENT ("Agreement") is dated as of March 28, 2006 (the "Effective Date") and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency"), and the PALOMAR HERITAGE BUILDING, LLC, a California limited liability company (the "Developer"). RECITALS This Agreement is entered into with reference to the following facts: A. Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California (being S 33000 et. seq. ofthe Health and Safety Code ofthe State of California). The purpose of this Agreement is to effectuate the Redevelopment Plan for the Riverside County Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of Temecula, California, by facilitating construction of improvements on real property within the Project Area, as more particularly described below. B. Developer owns the fee interest in certain land in the Project Area located at 41955 5th Street in the City of Temecula, County of Riverside, State of California, and more particularly described on depicted on Exhibit "A" attached hereto and incorporated herein by this reference (the "Site"). C. The specific purpose of this Loan Agreement is to further the Agency's affordable housing goals in the City of Temecula (the "City") by providing a conditional commitment to fund a permanent loan that will be used to pay part of a construction loan for, and thereby facilitate the construction of, twelve (12) one-bedroom apartments and ten (10) two-bedroom apartments (each, a "Unit" and collectively, the "Units") on the Site restricted to low/moderate income households and thereby increase the supply of affordable housing in the City (the "Project"). D. The Agency desires to lend to the Borrower and the Borrower has agreed to borrow from the Agency up to $3,300,000 from the Agency's affordable housing set aside funds for construction ofthe Project. E. The Proj ect is in the best and vital interests of Agency and the City, and the health, safety and welfare of the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Construction ofthe Project will assist in the elimination of blight in the Project Area, provide additional jobs, and substantially improve the economic and physical conditions in the Project Area, and provide affordable housing in accordance with the purposes and goals ofthe Redevelopment Plan. F. A material inducement to the Agency to enter into this Agreement and make the Loan is the agreement by the Developer to construct the Project within a limited period oftime, and the Agency would be unwilling to enter into this Agreement in the absence of an enforceable C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 1 commitment by the Developer to commence and complete such construction within such period oftime. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS Section 1.1 Definitions. The following terms as used in this Agreement shall have the meanings given unless expressly provided to the contrary: 1.1.1 Agencv means the Redevelopment Agency of the City of Temecula, a publidlOdy, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California, with full power and authority to execute this Agreement. The principal office of the Agency is located at 43200 Business Park Drive, Temecula, California 92590. 1.1.2 Agencv Loan shall mean, collectively, that certain forgivable permanent loan in the amount of up to $3,300,000 to be made by Agency to Developer for the purpose of paying a portion of the construction costs ofthe Proj ect, which is to be evidenced by the Note and shall be forgiven upon the expiration ofthe term ofthe Regulatory Agreement provided Developer is not otherwise in default under this OP A or the Loan Documents. 1.1.3 Agreement means this Owner Participation Agreement. 1.1.4 Certificate of Satisfaction of Construction Obligations means a certificate described in Section 2.12, to be provided by the Agency to the Developer upon satisfactory completion of construction of the Project. 1.1.5 Citv means the City of T emecula, a municipal corporation, exercising governmental functions and powers, and organized and existing under the laws of the State of California. The principal office of the City is located at 43200 Business Park Drive, Temecula, California 92590. 1.1.6 Deed of Trust shall mean the Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) executed by Developer in favor of Agency encumbering the Proj ect that secures the Agency Loan. 1.1. 7 Default has the meaning provided in Section 6.1. 1.1.8 Developer means PALOMAR HERITAGE BUILDING, LLC, a California limited liability company. The principal office ofthe Developer for purposes of this Agreement is 41911 5th Street, Suite 200, Temecula, California 92590. 1.1.9 Escrow Holder shall mean an escrow holder reasonably acceptable to both the Agency and the Developer. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 2 1.1.10 General Contractor has the meaning provided in Section 2.8. 1.1.11 Hazardous Materials means any chemical, material or substance now or hereafter defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous waste," "restricted hazardous waste," "toxic substances," "pollutant or contaminant," "imminently hazardous chemical substance or mixture," "hazardous air pollutant," "toxic pollutant," or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Site, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 US.C. S 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, as amended, 49 US.C. S 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 US.C. S 1251, et seq.; and the Resource Conservation and Recovery Act of 1976,42 US.C. S 6901, et seq. The term "Hazardous Materials" shall also include any ofthe following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and in any and all amendments thereto in effect as of the date ofthe close of any escrow; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by-product material as defined at 42 US.C. S 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyl's; radon gas; or any other chemical, material or substance (i) which poses a hazard to the Site, to adjacent properties, or to persons on or about the Site, (ii) which causes the Site to be in violation of any ofthe aforementioned laws or regulations, or (iii) the presence of which on or in the Site requires investigation, reporting or remediation under any such laws or regulations. 1.1.12 Holder has the meaning provided in Section 3.2.2. 1.1.13 Improvements means the improvements comprising the Project that are described in the Scope of Development. 1.1.14 Loan Documents shall mean this Agreement, the Note, the Deed of Trust, the Regulatory Agreement and any other documents evidencing or securing the Agency Loan, in the form ofthe documents attached hereto as Exhibit "D". 1.1.16 Note shall mean the promissory note evidencing the Agency Loan executed by Developer in favor of Agency. 1.1.17 Partv means any party to this Agreement. The "Parties" shall be all parties to this Agreement. 1.1.18 Plans and Specifications means the plans and specifications approved by the City and the Agency for construction ofthe Improvements. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 3 1.1.19 Proiect means the improvement of the Site with the hnprovements (for use as an affordable housing project) in accordance with the Plans and Specifications. 1.1.20 Proiect Area means the Riverside County Redevelopment Project Area No. 1988-1. 1.1.21 Redevelopment Law means the Community Redevelopment Law ofthe State of California (being S 33000 et seq. ofthe Health and Safety Code ofthe State of California. 1.1.22 Redevelopment Plan means the Redevelopment Plan for the Project Area. This Agreement shall be subject to the provisions ofthe Redevelopment Plan (which are incorporated herein by this reference and made a part hereof as though fully set forth herein). 1.1.23 Regulatorv Agreement shall mean that certain Regulatory Agreement pursuant to which Developer agrees to rent the Units only to moderate (or lower) income households at an affordable rent. 1.1.24 Restrictive Covenant Period has the meaning provided in Section 4.1. 1.1.25 Schedule of Performance means the schedule attached hereto as Exhibit "B" and incorporated herein by this reference. 1.1.26 Scope of Development means the Scope of Development attached hereto as Exhibit "c" and incorporated herein by this reference. 1.1.27 Site means the land described on Exhibit "A" attached to this Agreement. ARTICLE 2. DEVELOPMENT OF THE SITE Section 2.1 Scope of Development. 2.1.1 Developer shall complete the Improvements in accordance with the Scope of Development, the Plans and Specifications, and the Schedule of Performance, and shall also complete such other amenities, landscaping and public improvements as are required by the City through the entitlement and permit process. Construction of the Improvements shall commence no later than the date specified therefor in the Schedule of Performance, and the Developer shall otherwise comply with all deadlines and tasks in the Schedule of Performance. Subject to force majeure delays as provided in Section 7.9 below, the hnprovements shall be completed, ready for occupancy, and open for business no later than the date that is twenty-four months after the Effective Date, as set forth in the Schedule of Performance. 2.1.2 The Developer shall also comply with any and all applicable federal, state and local laws, rules and regulations, and any applicable mitigation measures adopted pursuant to the California Environmental Quality Act. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 4 Section 2.2 Agencv's Right to Review Plans and Specifications. In connection with design of the Improvements, the Developer shall submit basic concept drawings, preliminary plans, landscaping plans, and final plans and specifications to the Agency for the Agency's review and approval, which review and approval shall not be unreasonably delayed or withheld. Concept drawings shall consist of all building elevations, rendered, at a scale of v.~ l' -0"; a site plan delineating all circulation patterns, parking areas, free standing and/or monument signage locations, and set backs; and a conceptual landscape plan, all on standard 36"x 24" sheets. Preliminary plans shall consist of the same plans in the same format in preliminary design status as identified in a standard American Institute of Architects design contract, with the addition of a material schedule/color board for the buildings, a plant material schedule for the landscape plan, and the dimensions and faces of all proposed signs. Final plans and specifications shall consist ofthe set of construction documents from which the Improvements will be constructed. The Developer shall construct the hnprovements in compliance with the plans and specifications approved by the Agency. S ecti on 2.3 Approval of Construction Plans. The Agency shall reasonably approve or disapprove such plans, drawings, and related documents referred to in Section 2.2 in a reasonably timely fashion but in no event, longer than forty five (45) days after the Developer submits such plans, drawings and related documents referred to in Section 2.2. In the event the Agency fails to approve or disapprove such plans, drawings and related documents within forty five (45) days after submittal by the Developer, the plans, drawings and related documents shall be deemed approved by the Agency. Any disapproval shall state in writing the reasons for disapproval. The Developer, upon receipt of a disapproval, shall revise such portion of the plans, drawings or related documents in a manner that satisfies the reasons for disapproval and shall resubmit such revised portions to the Agency as soon as possible after receipt ofthe notice of disapproval. The Agency shall approve or disapprove such revised portions in the same manner as provided in this Agreement for approval or disapproval of plans, drawings, and related documents initially submitted to the Agency, which approval or disapproval shall be provided within a reasonable time taking into consideration the scope and detail ofthe plans, drawings and documents submitted. All approvals or disapprovals to be made by the Agency pursuant to this Article 2 shall be made by the Executive Director ofthe Agency or the Executive Director's designated staff members, and such approvals or disapprovals are separate and apart from any other review and approval required by the City through the entitlement and permit process. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 5 S ecti on 2.4 Changes in Construction Drawings. Ifthe Developer desires to make any changes in the construction drawings and related documents after their approval by the Agency, the Developer shall submit the proposed changes to the Agency for its reasonable approval. The Agency shall approve or disapprove such changes in the same manner as provided in this Article 2 for approval or disapproval of plans, drawings, and related documents initially submitted to the Agency, which approval or disapproval shall be provided within a reasonable time taking into consideration the scope and detail ofthe plans, drawings and documents submitted. The Developer shall revise any disapproved portions and resubmit them to the Agency as provided in this Article 2. Section 2.5 Cost of Construction. The cost of constructing all Improvements and all public infrastructure improvements relating to the Project, or required by the City or Agency in connection with the Project, if any, shall be borne by the Developer, provided, however, that it is contemplated that the Developer will use the Agency Loan to assist in payment ofthe construction loan used to pay such costs. Section 2.6 Construction Schedule. The Developer shall begin and complete all construction within the times specified in the Schedule of Performance. Section 2.7 Local. State and Federal Laws. The Developer shall carry out the construction of the hnprovements in conformity with all applicable laws, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards. Developer agrees to indemnify, defend and hold Agency harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of Developer or its contractor(s) or agents to comply with such laws, rules or regulations. The Developer's indemnity obligations set forth in this Section 2.10 shall survive the termination or expiration ofthis Agreement. Section 2.8 Nondiscrimination During Construction. The Developer, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction ofthe Improvements. ARTICLE 3. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS Section 3.1 Limitation As To Transfer of the Site and Assignment of Agreement. Prior to the Agency's funding ofthe Agency Loan, the Developer shall not (i) transfer its rights and obligations under this Agreement or (ii) sell, assign, transfer, encumber, pledge or lease the Project without the Agency's prior written consent, which consent may be C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 6 granted or withheld at the sole and absolute discretion of the Agency. The Developer acknowledges that the identity ofthe Developer is of particular concern to the Agency, and it is because of the Developer's identity that the Agency has entered into this Agreement with the Developer. No voluntary or involuntary successor in interest ofthe Developer shall acquire any rights or powers under this Agreement in violation ofthe terms hereof. This prohibition shall not be deemed to prevent the (i) granting of easements or licenses to facilitate the construction ofthe Improvements or the development of the Site, (ii) any mortgage or deed oftrust permitted by this Agreement, (iii) any space lease to a retail tenant entered into by the Developer in the normal course of business for improvements other than the hnprovements, or (iv) assignment by Developer of its rights and obligations under this Agreement to an affiliate of Developer which is owned and controlled by Developer (as shown by evidence delivered and acceptable to Agency). Upon the Agency's funding ofthe Agency Loan, the Developer may transfer the Site and assign its interest in this Agreement to any transferee subject to the Regulatory Agreement and the other Loan Documents so long as such transferee agrees to assume and be bound by all ofthe covenants and conditions set forth in Article 4 of this Agreement. Section 3.2 Securitv Financing; Right of Holders. 3.2.1 No Encumbrances Except Mortgages, Deeds of Trust. or Other Convevance for Financing For Development. 3.2.1.1 Notwithstanding Section 3.1 or any other provision herein to the contrary, mortgages, deeds of trust, sales and leaseback, or any other form of encumbrance or conveyance required for any reasonable method of construction and permanent financing are permitted but only for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the Project and/or any retail/commercial project on the Site (including reasonable and customary loan fees and costs, and other normal and customary project costs and/or tenant improvement costs). 3.2.1.2 The words "mortgage" and "deed of trust" as used herein include all other appropriate modes of financing commonly used in construction and land development. Any reference herein to the "holder" of a mortgage or deed of trust shall be deemed also to refer to a lessor under a sale and leaseback. 3.2.2 Notice of Default to Mortgage, Deed of Trust or Other Securitv Interest Holders; Right to Cure. Whenever the Agency shall deliver a notice or demand to the Developer with respect to any breach or default by the Developer under this Agreement, the Agency shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage, deed oftrust or other security interest authorized by this Agreement who has previously made a written request to the Agency for special notice hereunder (a "Holder"). No notice of default to the Developer shall be effective against any such Holder unless given to such Holder as aforesaid. Such Holder shall (insofar as the rights of the Agency are concerned) have the right, at such Holder's option, within thirty (30) days after receipt ofthe notice or such longer period as available to Developer, to cure or remedy any such default and to add the cost thereofto the debt secured by the lien of its security interest. If such default shall be a default which can only be C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 7 remedied or cured by such Holder upon obtaining possession ofthe Site, such Holder shall seek to obtain possession ofthe Site with diligence and continuity through a receiver or otherwise, and shall remedy or cure such default within a reasonable period oftime as necessary to remedy or cure such default ofthe Developer. 3.2.3 Noninterference with Holders. The provisions ofthis Agreement do not limit the right of Holders to foreclose or otherwise enforce any mortgage, deed oftrust, or other security instrument encumbering the Site and the improvements thereon, or the right of Holders to pursue any remedies for the enforcement of any pledge or lien encumbering the Site; provided, however, that in the event of a foreclosure sale under any such mortgage, deed oftrust or other lien or encumbrance, or sale pursuant to any power of sale contained in any such mortgage or deed oftrust, the purchaser or purchasers and their successors and assigns, and the Site, shall be, and shall continue to be, subject to all of the conditions, restrictions and covenants ofthis Agreement and all documents and instruments recorded pursuant hereto. ARTICLE 4. USE OF THE SITE Section 4.1 Use. The Developer covenants and agrees for itself, and its successors and its assigns, that the Developer, such successors, and such assignees shall use the Site and every part thereof only for the construction ofthe Improvements thereon and the commercial/retail improvements on which the hnprovements are to be located and, for fifty-five (55) years after the completion of construction ofthe Improvements (the "Restrictive Covenant Period"), the Improvements shall be used only for affordable rental housing, as required in the Regulatory Agreement. Section 4.2 Tenant Relocation. The Developer covenants and agrees for itself, and its successors and its assigns, that the Developer, such successors, and such assigns, shall take full responsibility for the relocation, if any, oftenants located within the Site, and shall pay all costs and expenses associated with such relocation as may arise from applicable federal and state laws and regulations, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes and guidelines as amended. S ecti on 4.3 Obligation to Refrain from Discrimination. The Developer covenants and agrees for itself, its successors and assigns, and for every successor in interest to the Site or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment ofthe Site, and the Developer (itself or any person claiming under or through the Developer) shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site or any portion thereof. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 8 S ecti on 4.4 Form of Nondiscrimination and Nonsegregation Clauses. The Developer shall refrain from restricting the rental, sale or lease ofthe Site or any portion thereof, on the basis of sex, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All deeds, leases or contracts for sale shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, age, handicaps color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy oftenants, lessees, subtenants, sub lessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, oftenants, lessees, sublessees, subtenants or vendees in the land herein leased." 3. In contracts relating to the sale or transfer ofthe Site or any interest therein: "There shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, oftenants, lessees, subtenants, sub lessees or vendees ofthe land." C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 9 Section 4.5 Regulatorv Agreement. In order to insure the Developer's compliance with the use restrictions set forth in Section 4.1 hereof, a regulatory agreement ("Regulatory Agreement") shall be recorded against the Site prior to the recording of the Deed of Trust. The Regulatory Agreement shall provide, among other things, that the Developer must use and maintain the Site for the uses described in Section 4.1 for the Restrictive Consent Period. The Developer shall cause to be recorded, concurrently with the recordation ofthe Regulatory Agreement, subordination or non- disturbance agreements from all persons and entities holding monetary liens encumbering the Site (including all trust deeds and mortgages). Section 4.6 Effect and Duration of Covenants. The following covenants shall be binding upon the Site and Developer, and its successors and assigns, for the following periods and each of which shall be set forth with particularity in any document of transfer or conveyance by the Developer: (1) The use requirements set forth in Section 4.1 shall remain in effect for the Restrictive Covenant Period; and (2) The non-discrimination and non-segregation requirements set forth in Section 4.3 and Section 4.4, respectively, which shall remain in effect in perpetuity. ARTICLE 5. AGENCY LOAN Section 5.1 Conditions for Closing of Loan. The following events are conditions precedent to the Agency's making the Agency Loan, and the dates upon which the above conditions precedent have been fully satisfied by the Developer and/or waived in writing by the Agency, is referred to herein as the "Close of Escrow": (i) the completion ofthe hnprovements and the issuance of a Certificate of Occupancy for the hnprovements by the City; (ii) the issuance to the Agency of an ALTA Lender's title policy (the "Title Policy"), which insures the Agency's Deed of Trust and is in form and substance (and with endorsements) satisfactory to the Agency; (iii) presentation to the Agency of evidence (such as insurance certificates) that the insurance required by the Loan Documents is in effect; (iv) execution and delivery to the Agency ofthe Loan Agreement, the Promissory Note, Regulatory Agreement and Deed of Trust, and the recordation ofthe Deed of Trust and the Regulatory Agreement in the Official Records of Riverside County, California; (v) delivery to the Agency of evidence acceptable to the Agency that all permits and governmental approvals for the development of the Project and any improvements on which C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 10 the Project is to be located have been issued or are ready to be issued, all development-related fees (including, without limitation, DIF and TUMF fees and exactions and all permit fees) have been paid, and there are no unsatisfied conditions to the issuance of any such approvals or permits; (vi) approval by the Agency ofthis Agreement; and (vii) the absence of a default by Developer under this Agreement, the Regulatory Agreement and the other Loan Documents. Section 5.2 Escrow And Escrow Instructions. Prior to the funding and closing ofthe Agency loan, Developer and Agency shall deliver a copy ofthis Agreement to Escrow Holder and shall open an escrow for the transactions described herein. This Agreement constitutes the joint escrow instructions of Developer and Agency to Escrow Holder in connection with the Agency Loan. Developer and Agency may supplement such escrow instructions and agree to execute such reasonable supplemental escrow instructions as may be required by Escrow Holder. Section 5.3 Costs. Owner shall pay all escrow, recording and title insurance costs and fees, as well as any inspection fees and costs incurred by the Agency. Section 5.4 Survev. Agency may, at Developer's sole cost and expense, perform and obtain an ALTA survey ofthe Property prepared by a registered land surveyor licensed by the State of California. Section 5.5 Soil Testing and Inspections. Promptly after the execution ofthis Agreement, Developer will deliver to Agency copies of all documents, reports, and correspondence in the Developer's possession that relate to the physical condition of the Property (including the presence of Hazardous Materials). Until the close of escrow (the "Inspection Deadline"), Agency and its agents may enter upon the Property upon twenty-four (24) hour prior written notice sent to the Agency in order to investigate the environmental condition ofthe entire Property; provided, however, that Developer's agent may request to be present during such inspections, and Agency shall reasonably accommodate Developer in arranging a mutually convenient inspection time so that Agency or Agency's agents may be present. All studies and reports prepared in connection with Agency's inspection ofthe Property are to be done at the expense of Developer; provided, that Agency shall provide Developer with a copy of all of the reports without cost promptly upon receipt by Agency. Agency, in its sole discretion, may elect to terminate this Agreement and cancel Escrow in the event any physical conditions are not reasonably acceptable to Agency by giving written notice of such termination to Developer on or before the Inspection Deadline (as defined above). C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 11 Section 5.8 Subordination to Other Loans. The Agency will subordinate the Deed of Trust to the lien securing the primary permanent loan provided Developer is not in default under this Agreement and provided, further, that the Executive Director ofthe Agency shall have reasonably approved the terms ofthe permanent financing and the terms ofthe subordination. ARTICLE 6. EVENTS OF DEFAULT, REMEDIES AND TERMINATION Section 6.1 Defaults. Subject to the extensions of time set forth in Section 7.9 hereof, the following shall constitute a "Default" under this Agreement by the non-performing Party: (a) a failure to pay any sum due within five (5) business days after written demand by the other party; (b) failure or delay by such Party to perform any term or provision of this Agreement or the Regulatory Agreement or any of the Loan Documents and the failure to cure such default within thirty (30) days after notice is given by one of the Parties hereto to the defaulting Party, unless such breach or default cannot reasonably be remedied in such thirty (30) day period, in which event such Party shall not be in default if it commences to cure such breach or default within such thirty (30) day period and diligently pursues such curing to completion, or (c) filing of a petition under the Bankruptcy Code by or against Developer, or appointment of a receiver or trustee of any property of Developer, or an assignment by Developer for the benefit of creditors, or adjudication by a court, that Developer is insolvent, and the failure of Developer to cause such petition, appointment, or assignment to be removed or discharged within sixty (60) days. The Party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. If Developer shall be in default, the obligation of Agency to make or authorize payments to Developer otherwise provided for herein shall be suspended during the period of such default. Except as otherwise expressly provided in this Agreement, any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Section 6.2 Legal Actions. 6.2.1 Institution of Legal Actions. Unless otherwise specifically provided in this Agreement, in addition to any other rights or remedies, any Party may institute legal action to cure, correct, or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the provisions of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate municipal court in that County, or in the Federal District Court in the Central District of California. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 12 6.2.2 Damages and Specific Performance. If any Party defaults with regard to any ofthe provisions of this Agreement, any nondefaulting Party may serve written notice of such Default upon the defaulting Party. Ifthe Default is not cured or commenced to be cured by the defaulting Party within thirty (30) days after service ofthe notice of default, the defaulting Party shall be liable to the nondefaulting Party for damages caused by such Default, and, in addition, the nondefaulting Party, at its option, may institute an action for specific performance of the terms ofthis Agreement and shall have all other rights and remedies available to it at law or in equity, except for any right to claim or recover damage for lost profits. 6.2.3 Termination of Agreement. In addition to the rights and remedies provided in Section 6.2.2, in the event of a Default by either Party beyond all applicable rights provided in this Agreement, the nondefaulting Party, at its option, may terminate this Agreement upon written notice thereofto the defaulting Party. In the event of such termination, all ofthe provisions of this Agreement shall be of no further force or effect, except for those provisions hereof which expressly provide that they shall survive such termination. 6.2.4 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by any other Party. 6.2.5 No Personal Liabilitv. Except as specifically provided herein to the contrary, no representative, employee, attorney, agent or consultant ofthe Agency or City shall personally be liable to the Developer, or any successor in interest of the Developer, in the event of any Default or breach by the Agency, or for any amount which may become due to the Developer, or any successor in interest, on any obligation under the terms of this Agreement. Nor shall any representative, employee, attorney, agent or consultant ofthe Developer be personally liable to the Agency, or City or any successor in interest ofthe Agency or City in the event of any default or breach by the Developer, or for any amount which may become due to the Agency or City, or any successor in interest on any obligation under the terms ofthis Agreement. 6.2.6 Inaction Not a Waiver of Default. Except as expressly provided in this Agreement to the contrary, any failure or delay by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 13 ARTICLE 7. INDEMNITY The Developer shall indemnify, defend, protect, and hold harmless the Agency and the City and any and all agents, employees, attorneys and representatives of the Agency and the City, from and against all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney's fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with: (i) the use, ownership, management, occupancy, or possession ofthe Site, (ii) any breach or Default of the Developer hereunder, (iii) any ofthe Developer's activities on the Site (or the activities ofthe Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Site), including without limitation the construction of any hnprovements on the Site, (iv) the presence or clean-up of Hazardous Materials on, in or under the Site to the extent the same was caused by Developer or Developer's affiliates, or, (v) arising from the Developer's ownership, use, possession, improvement, operation, leasing (including tenant relocation) or disposition of the Site, regardless of whether such damages, losses and liabilities shall accrue or are discovered before or after termination or expiration ofthis Agreement. The Developer's indemnity obligations set forth in this Article shall not extend to any damages, losses, or liabilities incurred by the Agency or the City to the extent such losses or liabilities are caused by or contributed to by the negligent or intentionally wrongful act ofthe Agency, as finally determined by a court of competent jurisdiction. The Developer's indemnity obligations set forth in this Article shall survive the termination or expiration of this Agreement and shall be in addition to (not in lieu of any other indemnity obligations of Developer in the Loan Documents). S ecti on 7.3 Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) three (3) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested or (c) the next business day after deposit with a nationally reorganized overnight courier, in each instance addressed to the recipient as set forth below. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 14 Agency: Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589-9033 Attention: Executive Director and to: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: John Meyer With a copy to: Richards, Watson & Gershon th 355 South Grand Avenue, 40 Floor Los Angeles, California 90071 Attn: Peter Thorson Tel: (213) 626-8484 Fax: (213) 626-0078 If to Owner, to: Palomar Heritage Building, LLC 41911 5th Street Temecula, California 92590 Attn: William Dalton S ecti on 7.4 Construction. The Parties agree that each Party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation ofthis Agreement or any amendments or exhibits thereto. Section 7.5 Developer and Agencv Warranties. The Developer warrants and represents to the City and the Agency that the Developer has the requisite power and authority to execute and enter into this Agreement and to consummate the transactions contemplated hereunder. This Agreement constitutes the valid and binding agreement ofthe Developer, enforceable in accordance with its terms. Neither the execution nor delivery ofthis Agreement, nor the Regulatory Agreement, nor the consummation ofthe transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which the Developer is a party. Section 7.6 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. Section 7.7 Time of the Essence. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 15 Time is ofthe essence of this Agreement. Section 7.8 Attornevs' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. Section 7.9 Enforced Delav: Extension of Times of Performance. Notwithstanding anything to the contrary in this Agreement, unexcused material failure to complete the Improvements required to be completed according to this Agreement on or prior to the Completion Date shall constitute a Default hereunder; provided, however, nonperformance shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: (i) war, insurrection, riot, flood, severed weather, earthquake, fire, casualty, acts of public enemy, governmental restriction, litigation, acts or failures to act of any governmental agency or entity, including the Agency, or (ii) inability to secure necessary labor, materials or tools, strikes, lockouts, delays of any contractor, subcontractor or supplier. In the event of an occurrence described in clauses (i) and (ii) above, such nonperformance shall be excused and the time of performance shall be extended by the number of days the matters described in clauses (i) and (ii) above prevent or delay performance. Section 7.10 Approvals bv Agencv and the Developer. Unless otherwise specifically provided herein, wherever this Agreement requires the Agency or the Developer to approve any contract, document, plan, proposal, specification, drawing or other matter, such approval shall not unreasonably be withheld or delayed. Section 7.11 Inspection of Books and Records. Upon reasonable notice, the Agency shall have the right at all reasonable times to inspect the books and records of the Developer pertaining to the Site as pertinent to the purposes ofthis Agreement. Section 7.12 Developer's Private Undertaking. The development covered by this Agreement is a private undertaking, and the Developer shall have full power over and exclusive control of the Site while the Developer holds title to the Site, subject only to the limitations and obligations ofthe Developer under this Agreement and the Redevelopment Plan. Section 7.13 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Section 7.14 Acceptance of Service of Process. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 16 In the event that any legal action is commenced by any Party against any other Party, service of process on such Party shall be made by personal service upon any agent of such Party (authorized to accept service on such party's behalf) or in such other manner as may be provided by law and shall be valid whether made within or without the State of California. Section 7.15 Entire Agreement Waivers and Amendments. The Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement, together with all attachments and exhibits hereto, constitutes the entire understanding and agreement ofthe parties. This Agreement integrates all ofthe terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter hereof. No subsequent agreement, representation or promise made by either Party hereto, or by or to any employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. No person is authorized to make, and by execution hereofthe Developer and the Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on the Developer or the Agency. Section 7.16 Severabilitv. Each and every provision ofthis Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision ofthis Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder ofthis Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision ofthis Agreement shall be valid and shall be enforced to the extent permitted by law. Section 7.17 Survival. The provisions hereof shall not terminate but rather shall survive any conveyance hereunder and the delivery of all consideration. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the day and year first above written. C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 17 "Developer": PALOMAR HERITAGE BUILDING, LLC, a California limited liability company, By: D' Alto Partners, LLC, a California limited liability company, managing member By: William R. Dalton, Managing Member By: Todd W. Dalton, Managing Member "Agency": ATTEST: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Susan W. Jones, MMC City Clerk! Agency Secretary By: Mike Naggar, Chairperson Temecula Redevelopment Agency APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation By: Peter M. Thorson, Agency Counsel C:IWINDOWSlapsdocmettempI11776I$ASQpdf798247,DOC l1087-00011878344vl.doc 18 EXHIBIT "A" DESCRIPTION OF THE SITE (Attached. ) l1087-0001\878344vl,doc A-I l1087-0001\878344vl,doc EXHIBIT "B" SCHEDULE OF PERFORMANCE (Attached. ) B-1 EXHIBIT "C" SCOPE OF DEVELOPMENT A. General The site consists of property located on the north side of 5th Street in the City of Temecula. The Total site is approximately .32 acres, with the proposed total building area of 26,000 square feet, all but 4,700 square feet of which will be the affordable housing to be assisted with the Agency Loan. The Developer agrees that the Site shall be developed and improved in accordance with the provisions ofthe Agreement and the plans, drawings, and related documents approved by the Agency and/or City of Temecula pursuant hereto. The Developer shall work with the staff to coordinate the overall design, architecture and color of the improvements to be constructed on the Site. B. Construction of the hnprovements The Developer shall construct a three story mixed-use building consisting of twenty two (22) affordable housing units and 4700 square feet of commerciallretail space beneath. The affordable units will consist of 12 one bedroom units @ 500 - 700 square feet and ten (10) two bedroom units @ 750 -850 square feet. The commerciallretail space will be located on the first floor and the affordable units located on the second and third floors. C. Architecture and Design The Development shall be of high architectural quality, including landscaping, and shall be effectively and aesthetically designed, and shall adhere to the Old Town Specific Plan Design Guidelines. The shape, scale of volume, and exterior finish of the building must be visually related to the adjacent buildings within the neighborhood. The building shall be developed with the number of parking spaces approved by the Agency. D. Applicable Codes The Developer's improvements shall be constructed in accordance with the Uniform Building Code and the City of Temecula Ordinances and/ or Municipal Code. c:\ WINDOWS\apsdoc\nettemp\11 776\$ASQpdf79824 7 DOC 11087-0001 878344v1.doc C-l 11087-00011878344vl,doc EXHIBIT "D" FORMS OF LOAN DOCUMENTS (Forms of Promissory Note, Regulatory Agreement and Deed of Trust are attached.) D-l LEGAL DESCRIPTION LOT 5, 6,7 AND 8 IN BLOCK 22 OF THE TOWN OF TEMECULA, CALIFORNIA AS SHOWN BY MAP OF FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. APN: 922-024-010-2 (Affects: Lots 5 and 6) and 922-024-011-3 (Affects: Lots 7 and 8) EXHIBIT B Schedule of Performance ACTION DATE 1. Execution of Redevelopment Agreements On or Before: May 1, 2006 2. Submission of Plans for City Approval On or Before: May 1, 2006 3. Close Construction Financing On or Before: October 1, 2006 4. Receive Building Permits On or Before: October 15, 2006 5. Commence Construction On or Before: November 1, 2006 6. Completion Within Eighteen Months (18) of (Receive Release of Utilities for all Units) issuance of building permits c:\ WINDOWS\apsdoc\nettemp\9164 $ASQpdf798254.doc DRAFT REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA, CA 92590 March 28, 2006 Attn: William R. Dalton Palomar Heritage Building LLC c/o D' Alto Partners LLC 41640 Corning Place, Ste. 106 Murrieta, CA 92562 Re: Irrevocable Loan Commitment for Palomar Heritage Building, LLC Amount: $3,300,000 Property: 41955 Fifth Street, Temecula, CA 92590 APN's: 922-024-010 & 011 Dear D' Alto Partners: This letter constitntes our irrevocable loan commitment ("Commitment") whereby Agency shall loan Borrower the sum of up to Three Million Three Hundred Thousand Dollars ($3,300,000) (" Agency's Permanent Loan") on the following terms and conditions: 1. Permanent Lender: Redevelopment Agency of the City of Temecula ("Agency"). ("Bank"). 2. Construction Lender: ., II'" HIIi~...,u*t~"~~itmtlIOOd(4jjllllW"~~1Jh ~1i~~ijil/lllBllilHi' e'k~dc:tID>inM1lli!s: ~4'ffit)m,gunuor1MAmMrtI(shtH~Il~f)aihaJjOOdlnd1':rtwCl~riority, mWl>dilrll'liOllatW<lem~~, 1M'<nlnt~p~)'ThQjIlcrt\()n~lwnrI3ltdUm~inWthen jrosjtidn @ioot.l:<1bid<pl:nhmmdirlgamfnilitritfuhdJfurtJall:!timni08VJ.lfmiuthy d<::iinnnCoflilihEank or tlm1Bnn:tJi.m~dbt tAgdt~~e\lliHomhtlaiiInirt<rp;hall: (i) have an interest rate not to exceed the prevailing market rates for similar loans; and (ii) the principal amount after $3,300,000 payment by Agency shall not exceed amount which, when added to the Agency's Permanent Loan, does not exceed 100% of the then-appraised value of the Project. DRAFT 8. Regulatory AgreementPrior to funding and recording the deed of trust in favor of the Agency, a Regulatory Agreement as defined in ~4. 5 of the OP A shall be recorded against the Project. The Regulatory Agreement (shall be Senior (either as a result of recording, priority, subordination agreements, or non disturbance agreement) to all monetary liens encumbering the Project. Should this permanent loan fail to fund for any reason, upon the demand of the Bank or the Borrower, the Agency shall execute a document in recordable form terminating the Regulatory Agreement and any liens created thereby. '110. ~illm telliwlllioll:lhiIllQ<lMmltlllWl thlt~1willhligktJed ~ fiOObt1lelAgency's PomrttmeIibiL<kunrpridlldla.rMyr l(,'j'JIile~orWrlitition~mfjl;faBlIDlnofi \h;<oOOlldsvoog\Rr~19ns Retlna~yanilindlrtg,dfit1th~ihgaiuWal)lIleti:1mslir6htillrhrooall<(~d the lmJm1\itmwltaJ;(,li f<Bdim~shtlJMiam:iliWtimliitinrls t!lllrfoslilIllir~apldfilatfll: fiwttificate of Occupancy for the Improvements; (c) Borrower shall cause a Notice of Completion (as described in Califomia Civil Code ~3093) with respect to the hnprovements to be recorded in the Official Records of Riverside County, California; (d) there shall be issued to Agency an ALTA lender's title policy which insures the Agency's deed of trust, subject only to those conditions set forth in the Preliminary Title Report dated as of , 2006 and the Construction Loan specified in Paragraph 9 or a refinance thereof permitted under Paragraph 7; (e) presentation to Agency of evidence (such as insurance certificates) of fire and casualty insurance on the Project, as may be required by Agency; the insurance carrier providing the insurance shall be chosen by Borrower subject to Agency's approval, which shall not be unreasonably withheld, and the policy shall include a standard mortgage clause. 11. Owner Participation AgreementBank shall not be bound by the terms of the OP A or any other documents between Agency and Borrower. DRAFT DRAFT 12. AssignmentBorrower may assign this Commitment to Bank or any other lender providing construction financing. DATED: March ---' 2006 PALOMAR HERITAGE BUILDING, LLC, a California limited liability company, "AGF.NC'V"RFDFVFT.oPMFNT AGFNCY OF THF CTTY OF TFMFCTTTA a nllhlic "BORROWER" DRAFT APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON a professional corporation By: Peter Thorson, Agency Counsel JON H. LIEBERG A Professional Law Corporation By: Jon H. Lieberg, Attorney for Borrower DRAFT ASSIGNMENT OF COMMITMENT LETTER For value received, PALOMAR HERlT AGE BUILDING, LLC ("Assignor"), hereby assigns to MISSION OAKS NATIONAL BANK ("Assignee") all of Assignor's right, title and interest in and to that commitment certain loan letter dated March -----' 2006 ("Commitment Letter'') between Assignor and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA. A copy of the Commitment Letter is attached to this Assignment. This Assignment is irrevocable and shall be binding on and inure to the benefit of the respective heirs, devisees, legatees, executors, administrators, trustees, successors, and assigns of the parties to this Assignment. This Assignment is govemed by and construed in accordance with California law. Executed March , 2006 at Temecula, California. ASSIGNOR: PALOMAR HERITAGE BUILDING, LLC, a California limited liability company, ASSIGNEE: By: D' Alto Partners, LLC, a California limited liability company, managing member By: William R. Dalton, Managing Member By: Todd W. Dalton, Managing MemberMISSION OAKS NATIONAL BANK I?] By: DRAFT CONSENT TO ASSIGNMENT The undersigned consents to the assignment ofthe letter of commitment between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA and PALOMAR HERITAGE BUILDING, LLC dated March , 2006 to MISSION OAKS NATIONAL BANK. Executed March , 2006 at Ternecula, California. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: DRAFT Dalton III Mixed Use fit 100 o 100 200 Foot . I! ~ L ! Ir I ~~ I I~~~l'---!~--- ~~-~ .1 ili 1'5 ~: -~'---'~-;---- --~ I I 0"1 .. m \J X ~ -'IJ- · " -~ ~ .. iii ;l! I , ~ :11 . " ill o ~ ;l! ~ c{>. , ,II I j I ij j P. I i Ii I '" I~fl i "'\ : ill! ;: II 1 II '1 "I , ~l 1"1'1 -''\ I I " l I, W,4 if' I U'lirn ill~Q I r!! : JI!I~1I illlllj Ii P~iI i I ~!II j IIUlllill1mup llli P : III Bi ,i III~ Il!!ll ! Imii, II llfE!ll iill. I ; I ,.: i I ,,:,11 11'1111'11 II' '111-,' , ; III ~J ~;l; i I' '!~iil . ! I t!1~ I ~ ,,- "I -, Ii d t ~ II Is,! i ! I I I 'ill. 11m 'Iinn I III I ! iil ''''11 !ll' I.!!' ;;;" ;;; I' I i l ,II , ~il "I; 11'" III i i i !~' : ~Il '>'Ro.>E"" ~ a . t Iii I 0; !!I DAlTON 3 MIXED USE BUILDING ~ l'Uf~; ~ TEIIECULA,CA I ~ :u~t: 3 :::IW.~ ._caNa,a...- IllW.," l,II\.alLLClIlI.1DIl IJl.I1IltOll ,I," KO.notMtCEUNlINlIflMNP ~lftI~~_ m~ tt51)m_ tl~~ "<. ! ~ ; ?l l jI! ~ , ;u , ~ i I m i , g ,. " : jI! ~ ;U I ~ i ~m<jl <t.<(X? <f~7 ~ ~ ? II I il II I I I I I :; I' I I I I I il,]~----m i " i W'f. '~i [iC= r il I j..-fJ I l ~'~' i"LI ' i i j I fa!ll'i-:,~' '-J"i' i! . ~ - I 2...,...1 : i I I . I" _ (3" hf"'i'J!1I' ~ I -=! I I M-' ,I. 'm "T'lil,i,-, "'~ :,1 t--- t<~:l-- I ~ll I: _..i__ I I I I I I "" '. I I +_ ___'~. II ....' I Im~ ! (' ~;~';i I :~I1ID.~ j : : rrt1 _m__! __'~m I ~~ ___m._m'~' I I ;, , I I I I I tfi Iii ;, I ~[ ~,!, I I ~m~ ~'xr ? <y<r7 l' ~ n I I , I I: :i Ii ! I I, I '. " n__'___'" __m_____ T! ' ,h'____'___ ~ ~-r " il I' lJ'~ i"" I ~ ~ - l I i I, I ..-l!I ' I I h --, I . 1- '=' I , I i: ~ I F=;i~' 'Tfi, I .- 'It i I' . ~ ~...., ,M?[~I. ;r7 r, -s! I II "I' \" /'IlliL.l.-, ~ 1 ~I . ~ ~ I~.. ;m~:-.f;~l,E~J I r!, ; ____,I " [_Lm______.l_~n_"1 ~! : .' : II c:.o.w..-._.. I ~ . +- ~ ., ~, ' ~ ! (' ":~'~l ~fl.: ;, ~ I t-d----: ! I :___~~i ! FT I ~: _ I , ijl ~ _ . ' -:" ' ,:,";,' ! ,:.., ---I; r.- __hh__nnn____m____ ___ ____..__m" I' I --(,) -:;- -'" " ....ionS.... ~~ -- -., --... -.. ! II -.................. ~ , ..;:~~~li i~ ..,.,. 1:"" C ~ i! "k~,,-'i' ~;;1;1;1~1~ ~el! IUUII nr m~T ~ :~~~~"'''''l 'rFr..;i!:;;i~i l--B :m 31ll1i! In' ,~mil I I ~.. 1:> I' ~ I '" ' .,1 . ~ ~ ~ .\' ~ t II ..., ~ ~'M10t111Nlf31'Vo1:ll ""''" lU\Jtel",CA_ <"'1).".0.11 ." Q;' ~ 11111 I~ . :.. II ,Ill Il '"';"\" - I I ~ """"'" DALTON 3 MIXED USE BUILDING TEMe~CA "^"'" Mt._llM._ I<1llltLLtw.'!l:IN KIl1lOHMllEWUNGOAOU> ! ~ I ~ jl! 8 :ill ;J! ~ 2: ::; 01 ~z '" . ~ , '-? '? ~ I I 'I :! I. I . .' '~ ' """"'" :t ~ 'TI r 8 :ill f! ~ 2 ::; l> I I :1 PROJECT: DAlTON 3 MIXED USE BUILDING TEMEau. Co\. ! III i 2 o 'TI r 8 :ill ;Jl ~ 2 :::j 01 ""'.. MIl.'RlIXlD'l.1l:lN MIl.IIUlW.WN NIIl1C1HW1t1EC~OID.P ~ '-? '? ~ J ~ ~ . ~ o i .-.-.-.-.-.-. -e (JO m () ~ 'TI r 8 :ill ;Jl ~ 2 :::j l> Ii . 41MOOIW/;llIIUCl! -- .......nA,Olln51l2 ~11_1 Ihl'i1Qilllf' 'pP,!~1Iilili:I:I~.,lf ;.~ ~ !I',! 1~~I.t rf~ !!IiD: (; P. ~ !i.:.! JII II . I ~ ~ <?~ ~ r . . . _._=--."",,,. J <? <? I I I I ~i " I . ~i f; . I I I t I ~ l ~ ~ ~ " l ill ~ ill ~ ~ g . < I ! ;!! ;lJ 1 ~ ;!! I. ~ ~ . ~ i~ ~ 2- .~. !l I ::j I m ::j 0 . I k ~lli PROJECT; DALTON 3 MIXED USE BUILDING ..."""""'" """'. _TOClPQlrl.roN ~_COIINIGPUIIClI! _IlQ.QIrI.'ION flI1ElllIl *_UJONIJGlI:U' _wv..c,o,_ ...- Q~j!'!'l n cr n -0 .1 -0 Ii -._' ".=- Ii g ~ t:l 1 Ii ~ . I 1 I I, . 1 !j!! , i ~ ! j!! ! 8 ;U l JlI I 11 ~ ~ ~ r ~ I I' ~ % I B ::j I, % '- ::j -0 " -0 ~ . ~ -0 I < ~ j ~ !j!! i ! j!! 1 8 ! 8 \ JlI ~ l JlI ;U ;U I ~ ~ % c ::j z -0 L ::j GI IilITiillI ~ami DALTON 3 MIXED USE BUI~OING TEMECULA,CA O'MER MlI.1tlOOcw,1llH ._llOlIHra......::e ..,ucw.'!OIl $U1tl'" NAlJOIMIIDtU!Ol<<l(lla.P IoIl.Mm~n. (lI5'IJ""".1 PROJECT: ! ~ . -l ~ m \ r- m ~ -l ~ if il I .~ -j +e i. Ii It li~ Iilkl il II~, ~ f HIIIPIIIIIII!I!!l\'i jlll.il e1Hllq ii1 .'111 Pili!! I ~ ! I' AI I I n . _ 0 , . r Iii 111 ~ i:!I ~i II! ! ! ! I' , , I ~ 1'1 q ! ;! !',Iii'!j" i i i I i II 'I ":I i' '!'l!!'~illl III I> I ! I 1111 I Pill!,! II III II I I ii1 " !! 1!"I! "'! I e III AI e , I Ii ~ I,"j!. Ii I' l' I I ~ I', gl !"I II ,,! ,,! CP !' Ii .11 'III! 'I 1./ "1 i · I 'I:!I' E ',. ! ~ .~ i mil PROJECT: DALTON 3 MIXED USE BUILDING TEM&CIM. CA . --0 --0 IEm . mk 13m 13m I 1mB J-I- --0 1mB 1!fI .mB 1mB I --0 I --0 ,1- --e I i J i~ I . ij I i '" ~@ [ID~ lID ~ I!I 5 l!J00 @J @] B lJ] 8 El 0 {!} EiGEl Be~ ~ ! !! II! U !I illl i i II if I; II I~ ill !~ II n ~ ; Ii ; ~ " !, ! I,' " I' i U I II h! ~~ jl I" ~ , I! ~ (i I P II H! ql J P R /6 Hn~ i~ i.~ IU H I"' , iiI .!: " i ' I e 11~, ,* 18!~ ,I~.l' i .! ! !1' h. I I II I'; ~!!! h !l I~ ! 'i /1 ; ~ <I ! U! g;,' i .; i II ~', I ii 1 ! ! 'ij E~ ~ !J ~ ~ ~ n ~"3 e ~ !i ~ J: P l:l 1:t """'" "Q Ill/'l IIIII.lQIX)0II.1'QoI ._OOIlN~IIlN2' .,' '5. . ,. ~R'__ .~a m'~;"llf"'J.,I~~,I. Ii II !'I' ! ~_I.PONlJ__ _mCAII2Mt li!rl~:Nlni!}iJ & r I I 1'5>>_' ~...!i ~i 't .. , - '..,.-- ~ ~ If! i i i ----@ 0 -0 --'-----0 --0 . I ---e ---e I --0 I HB3 I HB3 ~~ -----e I [[[J IllIIII I-I- -----€> r- I~I~ ~ ~ ~ pI I ' m , -< ..~ !:j 2 ih 'I ,r . I PROJECT: DALTON 3 MIXED US!: BUILDING TEMECUlA,CA OO!ID mllID lBl I!I l!I BI l!I@l!I ~ llil 0 00 EI lE 0 Iii 13GB 8G~ ~ ill III ~1'Pln*l1 ! Hl i,! !~ !! Ii n !I illlH nn ~ , .. ., l~' . ,,! .! ~c ! ,!. 's 9- 'I~. ',fi I. ' 0 ,,! !,... I ~! I" "II" · I! ~f ". I" a 5 ! 'I I :j' n~ qll d n~ I d ~ng ! ~rl! n "I' ~ iil , " '. ~ ! f ! i' ! IN is 33 I /1 I, I ,I ! !!' l,! I : I ~ ! I !, i i: nnn! I '3 ~i ' 1 /1 ! "! ; I II ~ ~ i' ~ ,~~ I' i ! ti 'j ~ . ,j 1 'I . ! I ~ :",.:~~ ..~-~, ".' "," 91' Q-" ., Iliff I '.UlIJ.lW.lat 1tI'll!1. .t!;rih,itll';I~IJI ili II I~, . Hol._llI!r.nooDGACU' ...-rA.c:.o.lZIIZ 'lai!llfil'nl'l !fi;J.s r h I CIlII)I?&-GAl 11t!Jr{'hl"~i' '. .......11 Ir . ! ~iW. ):~l KEYSER MARSTON ASSOCIATES ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVElOPMENT MEMORANDUM AOVISORS IN: REAL hUH R.EDEVElOPMENT AFFORDABlE HOUSING ECONOMIC DEVELOPMENT To: John Meyer. AICP Director of Housing and Redevelopment SAN FRANCISCO A- JERRY KEYS~R T1MOTHYC.KEUY KATE EAR.llfUNJ. DUBIEM.KERN From: KEYSER MARSTON ASSOCIATES, INC. Date: March 20, 2006 ROMRTIWHMORf S b' t U Jec: lOSANGElES CALVIN [,HOlUS.II . KATHlEEN H. HEAD A. Introduction I^MESA.RABE PAUlC.ANDfIl50N. . GREGOIlYD.Soo-floo In accordance with your request, Keyser Marston ASSOCiates, Inc. (KMA) has undertaken a feasibility analysis of the above project. Our analysis is based on the financial pro Gml~~ T~:~~~ forma submitted by Bill Dalton (Developer) in November 2005 and through subsequent PAUlC.MARRA discussions with the Developer and the Temecula Redevelopment Agency (Agency). Dalton Mixed-Use Building - Phase III The Developer intends to develop a three-story mixed-use building with 22 residential units above ground floor commercial space (Project). The Project will include twelve (12) one-bedroom apartments and ten (10) two-bedroom apartments. The average size of the apartments will be 618 square feet (SF) for a one-bedroom unit and 799 SF for a two- bedroom unit. The Project will be constructed on an approximate 0.32-acre site (Site) along the north side of Fifth Street, midway between Front and Mercedes in Old Town Temecula. A complete description of the Project is shown in Table 1 of the attached pro forma analysis. As proposed in the Owner Participation Agreement (OPA), the Developer will restrict 100% of the units for 55 years as affordable rental housing. Twelve of the units will be restricted at 60% of Area Median Income (AMI) and affordable to households whose incomes do not exceed 80% of AMI CLow Income" units). Ten of the units will be restricted at 110% of AMI and affordable to households whose incomes do not exceed 120% of AMI ("Moderate Income" units). Maximum 2005 affordable rents are shown below: 1660 HOTEL CIRCLE NORTH. SUITE 716 .. SAN DIEGO. CALIfORNIA 92108 )> rHONE: 619 718 9500 )> fAX: 619 718 9508 WWW.KEYSERMARSTON.COM 06342mm 19545.020.014 To: Subject: John Meyer, AICP Dalton Mixed-Use Building - Phase III Mareh 20, 2006 Page 2 Low Income Moderate Income Unit Size Between 51-80% AMI Between 81-120% AMI One Bedroom $579 $1,135 Two Bedroom $637 $1,263 The rents have been ealeulated based on State of California Department of Housing and Community Development (HCD) 2005 ineome limits and an allowanee for utilities to be paid by tenants. B" Key Findings KMA has reviewed the development eeonomies of the Projeet in light of the proposed quality, eurrent eonstruetion eost estimates, and the 55-year rent restrietions. Based on this review, KMA estimates a finaneing gap for the proposed Projeet of $3,547,000. The Developer is requesting $3,300,000 in finaneial assistanee from the Ageney's housing set-aside fund, or $247,000 less than the estimated finaneing gap. KMA estimates that the Ageney eontribution of $3,300,000 eomprises 60% of the total development eosts of the affordable housing portion of the Proposed development. KMA finds that the Projeet is not feasible without Ageney assistanee, due to: (1) the proposed high quality eonstruetion; and (2) the long-term rent and ineome restrietions on the residential units. C" Financial Feasibility Analysis The KMA analysis is based on the finaneial pro forma submitted by Bill Dalton (Developer) in November 2005 and through subsequent diseussions with the Developer and the Ageney. The attaehed tables present KMA's feasibility analysis: Deve/opment Costs Table 2 summarizes development eosts for the proposed Projeet. KMA has reviewed the Developer's eost estimates and evaluated them in eomparison to similar projeets in Southern California with whieh we are familiar. Total development eosts for the Projeet are $6,880,000, or $265 per SF of gross building area (GBA). Total development eosts eonsist of the following: 06342mm 19545,020,014 To: Subject: John Meyer, AICP Dalton Mixed-Use Building - Phase III Mareh 20, 2006 Page 3 . Aequisition eosts of $535,000, or $38 per SF of site area. . Direet eonstruetion eosts, sueh as site work, parking, shell eonstruetion, FF&E, and eontingeney. Total direet eosts are estimated to be $5,122,000, or $197 per SF GBA. In partieular, shell eonstruetion eosts are estimated at $175 per SF of GBA, indieative of the Developer's intention to build a high-quality projeet, similar to the Developer's first building at the eorner of Fifth and Mereedes Streets (eompleted) and adjaeent mixed-use building eurrently under eonstruetion. . Indireet eosts, sueh as arehiteeture, engineering, permits and fees, legal and aeeounting, taxes and insuranee, and eontingeney. These are estimated to be $863,000, or 16.8% of direets. The Developer has excluded developer fee and marketing/lease-up estimates from the development budget. The Developer proposes to absorb these eosts internally. . Finaneing eosts, including loan fees, interest during eonstruetion, and interest during lease-up. These eosts are estimated to total $360,000, or 7.0% of direets. Net Ooeratina Income - Residentia/ Table 3 presents an estimate of Net Operating Ineome (NOI) for the Projeet at stabilization. Key assumptions used in the analysis are as follows: . The Low Ineome units will be restrieted to households earning not more than 80% AMI. Maximum 2005 rents for the twelve units are $579 for a one-bedroom unit and $637 for a two-bedroom unit. The Moderate Ineome units will be restrieted to households earning not more than 120% AMI. Maximum 2005 rents for the 10 units are $1,135 for a one-bedroom unit and $1,263 for a two-bedroom unit. Based on these assumptions, total rental ineome amounts to $231,500 annually. . Other ineome of $10 per unit per month. . A vaeaney faetor of 5%. . Total expenses have been estimated $4,182 per unit per year. These eonsist of operating expenses, property taxes, and replaeement reserves. The ealeulation of property tax assumes the County tax assessor will use the ineome approaeh to value in assessing the Projeet. 06342mm 19545,020,014 To: Subject: John Meyer, AICP Dalton Mixed-Use Building - Phase III Mareh 20, 2006 Page 4 Based on these assumptions, NOI for the residential portion of the Projeet at stabilization is estimated at $130,000. Net Operatina Income - Commercia/ Table 4 details an estimate of NOI for the eommereial portion of the Projeet. As indieated in the table, NOI for the 4,666-SF eommereial spaee totals $120,000 per year at stabilization, assuming $2.50 per SF per month, triple-net (NNN). Financina Deficit KMA estimates a minimum return on investment (ROI) target for the Projeet of approximately 7.5%. On this basis, the finaneing defieit is estimated to be $3,547,000, as shown below: Total Development Costs (Less) Warranted Investment (1) Finaneing Defieit $6,880,000 ($3.333.000) $3,547,000 (1) Warranted Investment Calculation Stabilized Annual Net Operating Income Minimum Target Return on Investment (ROI) Warranted Private Investment $250,000 7.5% $3,333,000 0" Agency Contribution as Proportion of Total Cost of Affordable Housing The Developer is requesting $3,300,000 in finaneial assistanee from the Ageney's housing set-aside fund. As shown in Table 5, KMA estimates that the Ageney eontribution of $3,300,000 eomprises 60% of the total development eosts of the affordable housing portion of the Projeet. This level of Ageney assistanee is justified in light of the KMA estimate of finaneing gap. attaehments 06342mm 19545,020,014 TABLE 1 PROJECT DESCRIPTION DALTON MIXED-USE BUILDING - PHASE III CITY OF TEMECULA I. Site Area II" Project Type III" Gross Building Area Residential Area Commercial Area Common Area/Circulation Total Gross Building Area (GBA) Floor Area Ratio (FAR) IV" Number of Units One Bedroom Two Bedroom Total V" Density VI. Average Unit Size One Bedroom Two Bedroom VII" Number of Stories VIII" Parking Parking Area/Driveway Parking Area Per Space Parking Spaces Parking Ratio Source: Bill Dalton Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Bill Dalton_Phase III_FINAL;3/17/2006;rks 14,000 SF 0,32 Acres Affordable Mixed-Use Development 15,407 SF 4,666 SF 5 928 SF 26,001 SF 1,86 12 Units 1Q Units 22 Units 68 Units/Acre 618 SF 799 SF 3 Stories Gated Surface Parking 4,581 SF 352 SF/Space 13 Spaces 0,59 Spaces/Unit 59% 18% 23% 100% 55% 45% 100% TABLE 2 DEVELOPMENT COSTS DALTON MIXED-USE BUILDING - PHASE III CITY OF TEMECULA Totals Per Unit Notes I" Acquisition Costs (1) $535,000 $24,318 $38 Per SF Site Area II" Direct Costs Off-Sites (1) $86,000 $3,909 $6 Per SF Site Area o n-S ites/Lan dsca pi n g/Pa rki ng $55,000 $2,500 $4 Per SF Site Area Shell Construction $4,550,000 $206,818 $175 Per SF GBA Tenant Improvements - Commercial $187,000 $8,500 $40 Per SF - Commercial Contingency $244 000 $11091 5,0% of Directs Total Direct Costs $5,122,000 $232,818 $197 Per SF GBA III" Ind irect Costs Architecture & Engineering $256,000 $11,636 5,0% of Directs Permits & Fees (1) $480,000 $21,818 $18 Per SF GBA Taxes & Insurance $51,000 $2,318 1,0% of Directs Legal & Accounting $51,000 $2,318 1,0% of Directs Developer Fee $0 $0 0,0% of Directs Marketing/Lease-Up $0 $0 Allowance Contingency $25 000 $1 136 3,0% of Indirects Total Indirect Costs $863,000 $39,227 16,8% of Directs IV" Financing Costs Loan Fees $110,000 $5,000 2,1 % of Directs Interest During Construction $161,000 $7,318 3,1 % of Directs Interest During Lease-Up $89 000 $4 045 1,7% of Directs Total Financing Costs $360,000 $16,364 7,0% of Directs V" Total Development Costs w/Acquisition $6,880,000 $312,727 $265 Per SF GBA Or Say (Rounded) $6,880,000 VI" Total Development Costs w/o Acquisition $6,345,000 $288,409 $244 Per SF GBA Or Say (Rounded) $6,345,000 (1) Per Developer; not verified by KMA or City. Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Bill Dalton_Phase III_FINAL;3/17/2006;rks TABLE 3 NET OPERATING INCOME - RESIDENTIAL DALTON MIXED-USE BUILDING - PHASE III CITY OF TEMECULA Unit Size Units $/Month $/SF Annual GSI I" Gross Scheduled Income A One Bedroom Units One Bedroom 507 SF 1 $579 $1,14 $6,900 One Bedroom 550 SF 1 $579 $1,05 $6,900 One Bedroom 615 SF 4 $579 $0,94 $27,800 One Bedroom 616 SF 2 $579 $0,94 $13,900 One Bedroom 668 SF 1- $1 135 $1,70 $54 500 Total/Average 618 SF 12 $764 $1,24 $110,000 B, Two Bedroom Units Two Bedroom 757 SF 2 $637 $0,84 $15,300 Two Bedroom 782 SF 2 $637 $0,81 $15,300 Two Bedroom 811 SF 4 $1,263 $1,56 $60,600 Two Bedroom 832 SF ~ $1263 $1,52 $30 300 Total/Average 799 SF 10 $1,013 $1,27 $121,500 C. Total/Average - All Units 700 SF 22 $877 $1,25 $231,500 Add: Other Income $10/UnitlMonth $2,600 Add: Parking Income $0 /UnitlMonth $0 Gross Scheduled Income $234,100 II" Effective Gross Income (EGI) (Less) Vacancy 5,0% of GSI ($11700) Effective Gross Income (EGI) $222,400 III" Operating Expenses (Less) Operating Expenses $3,000 /Unit ($66,000) (Less) Property Taxes $932 /Unit ($20,500) (2) (Less) Reserves $250 /Unit ($5 500) Total Operating Expenses $4,182 ofEGI ($92,000) IV" Net Operating Income (NOI) $130,400 Or Say (Rounded) $130,000 (1) See Worksheet A. (2) Based on capitalized income approach; assumes a 1.10% tax rate and 7.0% cap rate. Not verified by KMA or the City. Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Bill Dalton_Phase III_FINAL;3/17/2006;rks TABLE 4 NET OPERATING INCOME - COMMERCIAL DALTON MIXED-USE BUILDING - PHASE III CITY OF TEMECULA I" Gross Scheduled Income (GSI) Commercial Rent 4,666 SF @ II" Effective Gross Income (Less) Vacancy Effective Gross Income (EGI) III" Expenses (Less) Unreimbursed Expenses IV" Net Operating Income (NOI) - Commercial Or Say (Rounded) Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Bill Dalton_Phase III_FINAL;3/17/2006;rks $2,50 /SF NNN 10,0% olGSI 5,0% 01 EGI $140,000 ($14 000) $126,000 ($6 000) $120,000 $120,000 TABLE 5 SOURCES AND USES BY COMPONENT DALTON MIXED-USE BUILDING - PHASE III CITY OF TEMECULA Gross Building Area (GBA) SF 21,335 4,666 26,001 82% 18% 100% Residential Commercial Total I" Uses Land $439,000 $96,000 $535,000 Direct Costs $4,041,000 $1,081,000 $5,122,000 Indirect Costs $697,000 $166,000 $863,000 Financing Costs $284 000 $76 000 $360 000 Total Uses $5,461,000 $1,419,000 $6,880,000 II" Sources Conventional Loan (1) $1,490,000 $1,376,000 $2,866,000 Required Developer Equity $671,000 $43,000 $714,000 Agency Loan $3 300 000 1Q $3 300 000 Total Sources $5,461,000 $1,419,000 $6,880,000 Aqencv Financial Assistance Total Assistance % of Cost $3,300,000 60% (1) Maximum supportable permanent loan based on 1.15 debt service coverage, 6.5% interest, and 3D-year term. Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Bill Dalton_Phase III_FINAL;3/17/2006;rks Worksheet A Worksheet B Attachments Dalton Mixed-Use Building - Phase III Calculation of Restricted Rents Estimate of Utility Allowances WORKSHEET A RESTRICTED RENTS DALTON MIXED-USE BUILDING - PHASE III CITY OF TEMECULA I" Low Income - 60% of AMI Households Earning 51 % - 80% of AMI Percent of AMI Family Size (1) One Bedroom Two Bedroom 60% 60% 2 3 $26,700 $30,060 30% 30% $668 $752 ($89) .llllli. $579 $6371 Household Income (2) I ncome Allocation to Housing Monthly Housing Cost (Less) Utility Allowance (3) IMaximum Monthly Rent II" Moderate Income -110% of AMI Households Earning 81 % - 120% of AMI Percent of AMI Family Size (1) One Bedroom Two Bedroom 110% 110% 2 3 $48,950 $55,110 30% 30% $1,224 $1,378 ($89) .llllli. $1,135 $1,263 1 Household Income (2) I ncome Allocation to Housing Monthly Housing Cost (Less) Utility Allowance (3) IMaximum Monthly Rent (1) As assigned by California Redevelopment Law. (2) State of California Department of Housin9 and Community Development (HCD) 2005 income limits, (3) As calculated by the Housin9 Authority of the County of Riverside, July 1, 2005, See Worksheet B, Source: State of California Department of Housing and Community Development, Housing Authority of the County of Riverside, California Redevelopment Law. Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Bill Dalton_Phase III_FINAL;3/17/2006;rks WORKSHEET B ESTIMATE OF UTILITY ALLOWANCES DALTON MIXED-USE BUILDING - PHASE III CITY OF TEMECULA One Bedroom Two Bedroom Electric Cooking Electric Domestic Hot Water Electric Space Heating Other Electric (2) $6 $23 $35 $25 $8 $29 $45 $33 ITotal $89 $1151 (1) Assumes utility allowances for West County of Riverside, which includes: Moreno Valley, Perris, Riverside, Corona, Lake Elsinore. Murrieta. Temecula and surrounding communities. Based on information provided by the Housing Authority of the County of Riverside as of July 1. 2005. (2) Lighting, refrigeration. and air conditioning. Prepared by: Keyser Marston Associates. Inc. Filename: i:Temecula\Bill Dalton_Phase III_FINAL;3/17/2006;rks ITEM NO. 13 Approvals City Attorney Director of Finance City Manager ~ iJlL ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Exeeutive Direetor/Ageney Members FROM: John Meyer, Redevelopment Direetor DATE: Mareh 28, 2006 SUBJECT: Redevelopment Departmental Monthly Report Attaehed for your information is the monthly report as of Mareh 28, 2006 for the Redevelopment Department. First Time Homebuvers ProQram Funding in the amount of $100,000 is available for FY 05 -06. Residential Improvement Proqrams The program budget for FY 05-06 is $250,000, with $260,000 funded on 45 units. The amount available to eaeh partieipant inereased from $5,000 to $7500. Habitat for Humanitv Couneil entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to develop a home-ownership projeet within the Pujol Neighborhood. The projeet loeated on the northwest eorner of Pujol and First Streets, will eonsist of 5 new single-family detaehed homes. The houses are arranged along Pujol Street and a private lane. Habitat has resubmitted final grading plans, street improvements and final map to Publie Works for review. On September 13, 2005, the Couneil amended the DDA to inerease funding for the offsite improvements and eontribute an additional lot that will yield two additional home sites. Dalton Mixed-Use On May 28, the Couneil approved an Owner Partieipation Agreement with D'Alto Partners to build a mixed-use affordable housing projeet. The projeet will eonsist of 24 units over 5,000 sq. ft. of retail/eommereial. The projeet is loeated on the north side of Fifth Street, west of Mereedes. Vertieal eonstruetion has begun with the installation of vertieal steel. Facade Improvement/Non-ConforminQ SiQn ProQram The following faeade improvement/sign projeets are in proeess or have reeently been eompleted: . The Farmers Wife Design and install three wood signs Din-Skin Design and Install 3 wood sandblasted signs, D European Cafe Design and Install Five Wood Sandblasted Signs D State Farm Insuranee - Design and Install Three Wood Signs. Old Town Promotions/MarketinQ BlueQrass Festival The Bluegrass Festival was held in Old Town Temeeula on Mareh 18 & 19, 2006. This year's line up included Bluegrass Ete., Roadside Cafe, Witeher Brothers, Silverado the Lampkin Family, 117 West, Donner Mountai and the Mill Creek Boys. The Bluegrass Festival is one of the most popular, seeond only to the ear shows. Piekers ean find a plaee to jam anywhere along the rustie streets of Old Town Temeeula. Seheduled workshops on the mandolin, fiddle, guitar and banjo were held eaeh day and are also free. Organized jam sessions with host bands were also part of the event. The event also included food and eraft vendors. Other upeoming events will include the Painted Parasol Musie Festival, April 22, Western Days, May 20 & 22 and the Street Painting Festival, June 24 & 25. ITEM NO. 14 Approvals City Attorney Director of Finance City Manager J#f'" 1li2. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Couneil FROM: William G. Hughes, Direetor of Publie Works/City Engineer DATE: Mareh 28, 2006 SUBJECT: Proposed Amendment to the Transportation Uniform Mitigation Fee Ordinanee PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Couneil: 1. Approve the findings in the 2005 Western Riverside County Transportation Fee Nexus Study. 2. Introduee and read by title only an ordinanee entitled: ORDINANCE NO" 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15"08 OF THE TEMECULA MUNICIPAL CODE AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ESTABLISHING PROCEDURES FOR THE APPROVAL AND COLLECTION OF THE TRANSPORTATION UNIFORM MITIGATION FEE 3. Adopt a resolution entitled: RESOLUTION NO" 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA BACKGROUND: The City of Temeeula is a Member Ageney of the Western Riverside Couneil of Governments (WRCOG), a joint powers ageney eonsisting of the City, the County of Riverside, and thirteen eities situated in Western Riverside County. Aeting in eoneert, the Member Ageneies of WRCOG developed a plan whereby future development would be required to mitigate its impaet on the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") through the payment of a transportation uniform mitigation fee on future development. A map depieting the boundaries of Western Riverside County and the Regional System is attaehed hereto as Exhibit "A" and made a part hereof. As a Member Ageney of WRCOG, the City partieipated in the preparation of the "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated Oetober 18, 2002 ("2002 Nexus Study") prepared pursuant to California Government Code, Seetion 66000 et seq., the Mitigation Fee Aet. Based on this nexus study, the City adopted and implemented an ordinanee authorizing its partieipation in the Transportation Uniform Mitigation Fee Program ("TUMF"). When the TUMF was implemented in July, 2003, WRCOG was eharged with preparing a eomprehensive update within two years. With the assistanee of its Member Ageneies, WRCOG has eompleted an updated "Western Riverside County Transportation Fee Nexus Study" ("Nexus Study') for the purpose of updating the fees imposed by Ordinanee 03-01. In aeeordanee with the Mitigation Fee Aet, the Nexus Study establishes the following: (i) the reasonable relationship between the TUMF's use and the type of development projeet on whieh the fee is imposed; (ii) the reasonable relationship between the need for the Regional System improvements and the type of development projeet on whieh the fee is imposed; and (iii) the reasonable relationship between the amount of the TUMF and the eost of the Regional System Improvements. The Nexus Study also includes the revised growth foreeast for the year 2030, whieh prediets an additional 403,265 households and 527,903 new jobs over the next 25 years; in addition, it evaluates the impaets of these new growth projeetions on the Regional System and diseusses how traffie mobility will be maintained. Moreover, the Nexus Study includes a review of all the eost assumptions that were used to priee the improvements of the Regional System. Based on the Nexus Study, the amended TUMF Ordinanee establishes a fee of $9,693 per Single Family Residential Unit and $6,806 per Multi-Family Residential Unit. For non-residential development, the TUMF is based on the square footage of gross floor area of the non-residential projeet, or $2.27 per square foot for Industrial Projeets; $12.49 per square foot for Retail Commereial Projeets; $6.33 per square foot for Serviee Commereial Projeets; and $2.11 per square foot for Class A and Class B Offiee Projeets. The fees are proposed to take effeet beginning on July 1,2006. For non-residential uses, the fees will be phased in over a two-year period beginning July 1, 2006, reaehing 100% of the applieable fees beginning July 1, 2009. The respeetive fees alloeable to future new residential and non- residential development in the City of Temeeula are summarized in the following tables: TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FOR THE CITY OF TEMECULA Current Fee Adjusted Fee Fee Category Units Per Unit Per Unit (effective 04/01/2005) (Proposed 07/01/06) Sinale Familv Residential DU* $7,248 $9,693 Multi-Family Residential DU $5,021 $6,806 Industrial SF GFA** $1,58 $2.27 Retail Commercial SF GFA $8,51 $12.49 Service Commercial SF GFA $5,28 $6,33 Class A Office Proiect*~ SF GFA N/A $2,11 Class B Office Proiect*~ SF GFA N/A $2,11 * DU=Dwelling Unit ** SF GFA=Square Foot Gross Floor Area *** Designates square foot eosts for Class A & B Offiee Projeets until 06/30/07, Construetion Cost Index (CCI) adjustments. plus any Adjusted Fee Adjusted Fee Adjusted Fee Adjusted Fee Category Units Per Unit Per Unit Per Unit Fee 07/01106- 07/01107- 07/01/08- Per Unit 06/30/07 06/30/08 06/30/09 From 07/01/09 Industrial SF GFA* $1,58 $1,81 $2,04 $2.27 Retail Commercial SF GFA $8,51 $9,83 $11,16 $12.49 Service Commercial SF GFA $5,28 $5,63 $5,98 $6,33 Class A Office Project** SF GFA $2,11 $5,63 $5,98 $6,33 Class B Office Project** SF GFA $2,11 $5,63 $5,98 $6,33 SF GFA=Square Foot Gross Floor Area ** Designates square foot eosts for Class A & B Offiee Projeets until 06/30/07, Construetion Cost Index (CCI) adjustments. * plus any As proposed, all the Western Riverside Cities and the County of Riverside must adopt the uniform fees so that the regional transportation improvements identified in the Nexus Study ean be finaneed and eonstrueted. On February 6,2006, the WRCOG Exeeutive Committee adopted the findings of the Nexus Study, the adjusted TUMF, and the template for the TUMF Ordinanee and Resolution. The Nexus Study and the amended TUMF Ordinanee and Resolution are now brought before the City Couneil for its eonsideration. FISCAL IMPACT: ATTACHMENTS: None. 1. 2. Ordinanee No. Resolution No. ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ESTABLISHING PROCEDURES FOR THE APPROVAL AND COLLECTION OF THE TRANSPORTATION UNIFORM MITIGATION FEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 15.08 of the Temecula Municipal Code is hereby amended to read as follows: "Section 15.08.010. Title. This Chapter shall be known as the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2006." "Section 15.08.020 Findings. In adopting this Chapter 15.08, the City Council of the City of Temecula hereby finds and determines that: A. The City is a Member Agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency consisting of the City, the County of Riverside, and the thirteen Cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. As a Member Agency of WRCOG, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002 ("2002 Nexus Study") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this Nexus Study, the City adopted and implemented an ordinance authorizing its participation in a Transportation Uniform Mitigation Fee Program. B. WRCOG with the assistance of its member agencies have now prepared an updated "Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 03- 01. Ordinance No. 03-01 was adopted by the City Council on January 28, 2003 and was codified in Chapter 15.08 of the Temecula Municipal Code. C. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been informed and advised, and hereby finds, that future development within Western Riverside County and the Cities therein will result in traffic volumes exceeding the capacity of the Regional System as it presently exists. D. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County and the City, with unacceptable Levels of Service throughout Western Riverside County by 2030. E. The City Council has been further advised, and so finds that funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be inadequate to fund construction of the Regional System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County and the City. F. The City Council has reviewed the Nexus Study, and hereby finds that future development within the County and City will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the Regional System will operate at unacceptable Levels of Service. G. The City Council hereby finds and determines that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. H. The City Council further finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied. I. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. J. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. K. The City Council further finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for the facilities that comprise the Regional System; and that TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. L. The fees collected pursuant to this Chapter shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. M. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. N. The City Council hereby adopts the Nexus Study and incorporates it herein as though set forth in full. "Section 15.08.030 Definitions. For the purpose of this Chapter, the following words, terms and phrases shall have the following meanings: A. "Class 'A' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'A' Office shall be as follows: (i) minimum of three stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building. B. "Class 'B' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'B' Office shall be as follows: (i) minimum of two stories; (ii) minimum of 20,000 square feet per floor; (iii) steel frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building. C. undertaken for the construction. "Development Project" or "Project" means any project purpose of development including the issuance of a permit for D. "Fee Calculation Handbook" is the handbook detailing the methodology for calculating of the TUMF and other matters for the administration of the TUMF Program, adopted by WRCOG on July 14, 2003, as said handbook may be amended from time to time, a copy of which is on file in the City Clerk's Office. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances. E. "Gross Acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines. F. "Habitable Structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws. G. "Industrial Project" means any development project, at the time of issuance of any building permit, in which manufacturing, assembly, processing, packaging, or storage of products takes place and as further defined in the light industrial and business park zones defined by Title 17 of the Temecula Municipal Code, or within a similarly defined planning area within an adopted specific plan. H. "Low Income Residential Housing" means residential units in publicly subsidized projects constructed as housing for low-income households as such households are defined pursuant to section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. I. "Multi Family Residential Unit" means a development project that has a density of greater than eight (8) residential dwelling units per gross acre. J. "Nexus Study" means the Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., which Nexus Study is on file in the City Clerk's Office. K. "Non-Residential Unit" commercial and industrial development which use, but shall include hotels and motels. means retail commercial, service is designed primarily for non-dwelling L. "Recognized Financing District" means a financing mechanism for the funding of public improvements as defined in the TUMF Administrative Plan. M. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. N. "Retail Commercial Project" means any development project in a commercial zone at the time of issuance of any building permit that is not defined as a service commercial project and as further defined by the neighborhood commercial, community commercial, highway tourist commercial and service commercial zones as defined in Title 17 of the Temecula Municipal Code, or within a similarly defined planning area within an adopted specific plan. O. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consist of corporate offices, financial institutions, legal and medical offices as further defined in the professional office zone as defined in Title 17, but excluding any residential uses, or within a similarly defined planning area within an adopted specific plan. P. "Single Family Residential Unit" means each residential dwelling unit in a development that has a density of eight (8) units to the gross acre or less. Q. "TUMF Administrative Plan" means the plan adopted by WRCOG on May 5, 2003 containing the detailed administrative procedures concerning the implementation of this Chapter the TUMF Program, as may be amended from time to time, a copy of which is on file in the City Clerk's Office. R. "WRCOG" means the Western Riverside Council of Governments, a joint powers agency consisting of the City, the County of Riverside, and the thirteen Cities situated in Western Riverside County. "Section 15.08.040. Mitigation Fee Establishment of the Transportation Uniform A. Adoption. The schedule of fees shall be adopted by resolution approved by the City Council ("Resolution"). B. Fee Calculation. The fees shall be calculated according to the calculation methodology set forth in the Fee Calculation Handbook. The following shall be observed for purposes of calculating the fee: 1. For non-residential projects, the fee rate utilized shall be based upon the predominate use of the building or structure identified in the building permit or structure identified in the building permit and as further specified in the TUMF Administrative Plan. 2. For non-residential project, the fee shall be calculated on the total square footage of the building or structure identified in the building permit and as further specified in the TUMF Administrative Plan. C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to the Resolution, the fees may be increased or decreased to reflect changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Chapter, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF program no less than every four (4) years after July 3, 2006. D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System identified in the Nexus Study. E. Applicability. The TUMF shall apply to all new development projects within the City unless otherwise exempted by the provision of this Chapter. F. from the TUMF: Exemptions. The following new development shall be exempt 1. Low income residential housing. 2. Government/public buildings, public schools and public facilities. 3. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000 provided that the same or fewer traffic trips are generated as a result thereof. 4. Development Projects which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code, Section 65864 et seq. prior to May 28, 2003, the effective date of Ordinance No. 03-01, wherein the imposition of new fees are expressly prohibited; provided that if the term of such a Development Agreement is extended by amendment or by any other manner after May 28, 2003, the effective date of Ordinance No. 03-01, the TUMF shall be imposed. 5. Guest Dwellings, as defined in Title 17 of the Temecula Municipal Code. 6. Additional single family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in Title 17 of the Temecula Municipal Code. 7. Kennels and Catteries established in connection with an existing single family residential unit and as defined in Title 17 of the Temecula Municipal Code. 8. Detached and Attached Second Units pursuant to Title 17 of the Temecula Municipal Code. 9. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. 10. Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary or high school level for students between the ages of five and eighteen years. G. Credit. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administrative Plan and the following: 1 . Regional Tier a. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all costs associated with the arterial component based on approved unit cost assumptions for the Regional System. WRCOG Staff must pre-approve any credit agreements that deviate from the standard WRCOG approved format. b. Other Credits: In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the City in consultation with the developer. All such credits must have prior written approval from WRCOG. c. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the Regional System or actual costs, whichever is less. 2. Local Tier a. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a Recognized Financing District has been established. b. If there is a Recognized Financing District established, the local agency may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF Administrative Plan. "Section 15.08.050: Reimbursements. Should a developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less. Reimbursements shall be enacted through a three party agreement including the developer, WRCOG, and the City, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Capital Improvements Program adopted annually by WRCOG. "Section 15.080.060: Procedures for the Levy, Collection and Disposition of Fees A. Authority of the Building Department. The Director of Building and Safety, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this Chapter. B. Payment. Payment of the fees shall be as follows: 1. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever come first (the "Payment Date"). However this section should not be construed to prevent payment of the Fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the time application is made for a building permit and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a partial payment prior to the Payment Date, the amount of the fee due shall be based on the TUMF fee schedule in place on the Payment Date. The fees shall be calculated according to fee schedule set forth in the Resolution and the calculation methodology set forth in the Fee Calculation Handbook. 2. The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this Chapter, not the date the Ordinance approving this Chapter is initially adopted. The City shall not enter into a development agreement which freezes future adjustments of the TUMF. 3. If all or part of any Development Project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land. 4. Fees shall not be waived. C. Disposition of Fees. All fees collected hereunder shall be transmitted to the Executive Director of WRCOG within thirty days for deposit, investment, accounting and expenditure in accordance with the provisions of this Chapter and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with WRCOG in accordance with the provision of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption. E. Reports to WRCOG. The Director of Building and Safety, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 15.08.070. "Section 15.080.070: Appointment ofthe TUMF Administrator A. WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the City, and to invest, account for and expend such fees in accordance with the provisions of this Chapter and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this Chapter shall be contained in the TUMF Administrative Plan. Furthermore, the TUMF Administrator shall use the Fee Calculation Handbook for the purpose of calculating a developer's TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances. B. WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1 %) of the annual net amount of revenue raised by the TUMF. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations of the Administrator." SECTION 2: SEVERABILITY. If anyone or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 3: JUDICIAL REVIEW. In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within ninety (90) days of the date of adoption of this Ordinance. SECTION 4: PROCEDURAL FINDINGS. Temecula hereby finds and determines that: The City Council of the City of 1. On March 28, 2006, the City Council held a duly notice public hearing on this Ordinance, the TUMF Resolution establishing the TUMF and the Nexus Study. 2. At said public hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. SECTION 5: ORDINANCE NO. 03-01. This Ordinance supersedes the provisions of Ordinance No. 03-01, codified in Chapter 15.08 of the Temecula Municipal Code, provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, Ordinance No 03-01, codified in Chapter 15.08 of the Temecula Municipal Code, and all other related ordinances, resolution, and policies shall remain in full force and effect. Nothing in this Ordinance shall relieve any person of any obligations incurred pursuant to Ordinance No. 03-01. SECTION 6. CEQA FINDINGS. The City Council hereby determines, in accordance with 14 Cal. Code Regs. Section 15061 (b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"), that the Transportation Uniform Mitigation Fee Program as described in this Ordinance is not a "project" within the meaning of Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. The Ordinance establishes a funding mechanism for potential transportation improvements and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Ordinance will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061 (d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and, therefore, not environmental impact assessment is necessary. SECTION 7: EFFECTIVE DATE. This Ordinance shall become effective July 1, 2006. SECTION 8: CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance with attached exhibit and shall cause 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 March, 2006. Ronald H. 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 meeting of the City Council of the City of Temecula on the 28th day of March, 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 11 th day of April 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby finds and determines that: A. The City is a Member Agency of the Western Riverside Council of Governments ('WRCOG"), a joint powers agency consisting of the City, the County of Riverside, and the thirteen Cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. As a Member Agency of WRCOG, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," dated October 18, 2002 ("2002 Nexus Study") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this Nexus Study, the City adopted and implemented an ordinance authorizing its participation in a Transportation Uniform Mitigation Fee Program. B. WRCOG with the assistance of its member agencies have now prepared an updated "Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 03- 01. Ordinance No. 03-01 was adopted by the City Council on January 28, 2003 and was codified in Chapter 15.08 of the Temecula Municipal Code. C. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been informed and advised, and hereby finds, that future development within Western Riverside County and the Cities therein will result in traffic volumes exceeding the capacity of the Regional System as it presently exists. D. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County and the City, with unacceptable Levels of Service throughout Western Riverside County by 2030. E. The City Council has been further advised, and so finds that funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be inadequate to fund construction of the Regional System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County and the City. F. The City Council has reviewed the Nexus Study, and hereby finds that future development within the County and City will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the Regional System will operate at unacceptable Levels of Service. G. The City Council hereby finds and determines that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. H. The City Council further funds and determines that there is reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied. I. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. J. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. K. The City Council further finds that the cost estimates set for in the Nexus Study are reasonable cost estimates for the facilities that comprise the Regional System; and that TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. L. The fees collected pursuant to Chapter 15.08 of the Temecula Municipal Code shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. M. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. N. The City Council hereby adopts the Nexus Study and incorporates it herein as though set forth in full. O. Section 15.08.040.A of the Temecula Municipal Code provides that the TUMF shall be set by resolution adopted by the City Council. P. On March 28, 2006, the City Council held a duly notice public hearing on this Resolution and the Nexus Study. Q. At said public hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. Section 2. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 15.08.030 of the Temecula Municipal Code. Section 3. TUMF Fee Schedule A. There is hereby adopted the following TUMF fee schedule: (1) $9,693.00 per single family residential unit (2) $6,806.00 per multi-family residential unit (3) $2.27 per square foot of an industrial project (4) $12.49 per square foot of a retail commercial project (5) $6.33 per square foot of a service commercial project (6) $2.11 per square foot of a Class A Office project until June 30, 2007 plus any CCI adjustments that may occur (7) $2.11 per square foot of a Class B Office project until June 30, 2007 plus any CCI adjustments that may occur B. For non-residential projects, the fees set forth in Section 3.A. shall be phased in as follows: From July 1,2006 to June 30, 2007, the fee schedule shall be as follows: (1) $1.58 per square foot of an industrial project (2) $8.51 per square foot of a retail commercial project (3) $5,28 per square foot of a service commercial project (4) $2.11 per square foot of a Class A Office project and Class B Office project until June 30, 2007 plus any CCI adjustments that may occur From July 1, 2007 to June 30, 2008, the fee schedule shall be as follows: (1) $1.81 per square foot of an industrial project (2) $9.83 per square foot of a retail commercial project (3) $5.63 per square foot of a service commercial project From July 1, 2008 to June 30, 2009, the fee schedule shall be as follows: (1) $2.04 per square foot of an industrial project (2) $11.16 per square foot of a retail commercial project (3) $5.98 per square foot of a service commercial project From July 1, 2009, the fee schedule shall be as follows: (1) $2.27 per square foot of an industrial project (2) $12.49 per square foot of a retail commercial project (3) $6.33 per square foot of a service commercial project Section 4. CEQA Findings. The City Council hereby determines, in accordance with 14 Cal. Code Regs. Section 15061 (b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"), that the Transportation Uniform Mitigation Fees as described in this Resolution is not a "project" within the meaning of Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. The Resolution, in conjunction with Ordinance No. 06-_, establishes a funding mechanism for potential transportation improvements and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Resolution will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061 (d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. Section 5. Ordinance No. 03-01. This Resolution supersedes the fee provisions of Ordinance No. 03-01, codified in Chapter 15.08 of the Temecula Municipal Code, provided Ordinance No. 06-_ is not declared invalid or unenforceable by a court of competent jurisdiction, If, for whatever reason, Ordinance 06-_ is declared invalid or unenforceable by a court of competent jurisdiction, Ordinance No. 03-01, codified in Chapter 15.08 of the Temecula Municipal Code, and all other related ordinances, resolution and policies relating to the TUMF shall remain in full force and effect. Nothing in this Resolution shall relieve any person of any obligations incurred pursuant to Ordinance No. 03-01. Section 6. Effective Date. This Resolution shall become effective July 1, 2006; provided, however, this Resolution shall not become effective unless Ordinance No. 06- also becomes effective. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of March , 2006. Ronald H. 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 28th day of March, 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. 15 Approvals City Attorney ~f"" Director of Finance IJI!... City Manager 9g CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Anthony Elmo, Director of Building and Safety DATE: March 28, 2006 SUBJECT: Business Park Drive PREPARED BY: Diane Ball, Administrative Assistant RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF BUSINESS PARK DRIVE TO EAST BUSINESS PARK DRIVE AND WEST BUSINESS PARK DRIVE BACKGROUND: Over the past several years while occupancy has grown in the Business Park Drive and the fact that the street address sequence on both east and west legs of Business Park Drive ascends when traveling in a southerly direction and descends when traveling in a northerly direction, customers and delivery services have had difficulty finding their destinations interrupting other businesses in the park asking for directions. For this purpose, it is proposed that Business Park Drive be designated East and West as appropriate at the respective intersections at Rancho California Road. All property/business owners were notified in writing and this proposal has been discussed with the Post Master and the Business Park Association Board. All have offered their support to date for this proposal. FISCAL IMPACT: Street sign replacement costs are estimated to be approximately $2000. There are adequate funds available in General Fund Capital Reserves for this work. ATTACHMENTS: Resolution RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF BUSINESS PARK DRIVE TO EAST BUSINESS PARK DRIVE AND WEST BUSINESS PARK DRIVE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find determine and declare that: A. Section 34091.1 and 34092 of the Government Code provides for changing the name of a public street. B. There has been a request to change the name of Business Park Drive to East Business Park Drive and West Business Park Drive. C. The City Council has determined that such a change is in the public interest. D. The City notified all of the property owners along Business Park Drive by first class mail of the proposed change of name of Business Park Drive and none objected. E. On March 28, 2006, the City Council held a duly noticed public hearing on the change in street name at which time members of the public had the opportunity to address the Council on this issue. Section 2. The City Council hereby orders that: A. The name of Business Park Drive is changed to East Business Park Drive and West Business Park Drive as shown on the map attached as Exhibit A to this Resolution. B. The name change described in Section 2A shall be effective within sixty (60) days of approval. C. The City Clerk is hereby ordered to forward a certified copy of this Resolution to the Board of Supervisors of Riverside County as required by Government Code Section 34092. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28 day of March , 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28 day of March, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ) \ \ \ \.. N .'-. '- 495 990 1,980 Feet -, .............. ITEM NO. 16 Approvals City Attorney Director of Finance City Manager ~f"" IJI!... ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Anthony Elmo, Director of Building and Safety DATE: March 28, 2006 SUBJECT: Highway 79 South Street Name Change PREPARED BY: Diane Ball, Administrative Assistant RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULACHANGING THE NAME OF HIGHWAY 79 SOUTH TO TEMECULA PARKWAY BACKGROUND: On February 7, 2005, the City of Temecula assumed responsibility for maintenance and operation of State Route 79 South from Bedford Court to the easterly city limits. The city now desires to better recognize the highway as a major thoroughfare within the city by changing the name from State Route 79 South to Temecula Parkway. On December 8, 2005, the City of Temecula Public/Traffic Safety Commission approved a recommendation to the City Council to change the name of Highway 79 South to that of Temecula Parkway. This recommendation provides for the name change to occur on October 1,2007, in consideration of the need for businesses to utilize existing printed material and make the necessary changes to business documents. This time period also allows the Public Works staff adequate time to work with CAL TRANS to have freeway signs changed as well as all the affected existing street signs along Highway 79 South currently. Several of the freeway sign structures and overhead sign mounts will require replacement or reconstruction to accommodate the new name change. Staff will attempt to utilize the existing sign structures whenever possible. The freeway sign replacement cost including administration, Caltrans processing, and construction is estimated at $165,000. There are adequate funds available in appropriate General Fund Capital Reserves that will be budgeted in next year's Capital Improvement Program. All property owners affected by this street name change were notified in writing and invited to express their support or opposition to this proposed street name change before the City Council. FISCAL IMPACT: There are adequate funds available in appropriate General Fund Capital Reserves that will be budgeted in next year's Capital Improvement Program. ATTACHMENTS: Resolution RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE NAME OF HIGHWAY 79 SOUTH TO TEMECULA PARKWAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find determine and declare that: A. Section 34091.1 and 34092 of the Government Code provides for changing the name of a public street. B. There has been a request to change the name of Highway 79 South to Temecula Parkway. C. The City Council has determined that such a change is in the public interest. D. The City notified all of the property owners along Highway 79 South by first class mail of the proposed change of name of Highway 79 South to Temecula Parkway. E. On March 28, 2006, a duly noticed public hearing was held on the proposed name change at which time members of the public had the opportunity to address the Council on this issue. Section 2. The City Council hereby orders that: A. The name of Highway 79 South is changed to Temecula Parkway. B. The name change described in Section 2A shall be effective as of October 1 , 2007. C. The City Clerk is hereby ordered to forward a certified copy of this Resolution to the Board of Supervisors of Riverside County as required by Government Code Section 34092. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28 day of March , 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28 day of March, 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. 17 Approvals City Attorney Director of Finance City Manager ~<' /J1l qt CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: March 28, 2006 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of February. CURRENT PLANNING ACTIVITIES New Cases The Division received 55 new applications for administrative, other minor cases, and home occupations including 12 applications for public hearings during the month of February. The new public hearing cases are as follows: CONDITIONAL USE PERMIT DEVELOPMENT PLAN PARCEL MERGER TENTATIVE PARCEL MAP MAJOR MODIFICATION 1 8 1 1 1 Status of Maior Proiects New Proiects . Creekside Plaza Pads 13 and 14 -A Development Plan submitted on December21 , 2005, for the development of two retail commercial buildings totaling 17,856 square feet within the Creekside Plaza Shopping Center, located at the southwest corner of Pechanga Parkway and Highway 79 South. Comments are due March 23, 2006. (PA06-0050 - DAMKO) . Harveston Product Review, Emery Place -A Development Plan (Product Review) submitted on February 28, 2006, for 76 single-family cluster homes located within Tract 32436-1 and 32436-F of the Harveston Specific Plan (Noah and Date Street). Comments are due on March 21,2006. (PA06-0055 - DAMKO) . Frankie's Restaurant - A Minor Conditional Use Permit for the sale of distilled spirits at a full service steak and seafood restaurant located at 41785 Nicole Lane. The application was submitted on January 17, 2006. Staff anticipates an April Planning Commission Hearing for the project. (PA06-0011 - FISK) . Hine Mazda - A Development Plan/Conditional Use Permit for the construction and operation of a 32,560 square foot automobile dealership to be located on 3.7 acres at the southwest corner ofYnez Road and DLR Drive. The application was submitted on February 22, 2006. A DRC meeting was held on March 9, 2006, and a DRC letter was sent to the applicant on March 9, 2006. Staff is currently awaiting the submittal of revised plans. (PA06-0048 - FISK) . Ace Hardware at Creekside Plaza - A Development Plan for a proposed 13,125 square foot retail building (Ace Hardware) located at 30715 Highway 79 South, in the Creekside Plaza Shopping Center. The application was submitted on February 16, 2006. Staff is reviewing and comments are due on March 16,2006. (PA06-0044 - KITZEROW/PETERS) . Roripaugh Ranch Specific Plan EIR Addendum - An EIR Addendum to the Certified Environmental Impact Report for the Roripaugh Ranch Specific Plan for offsite improvements including the Nicolas Road Bridge and related Channel Improvements to Santa Gertrudis Creek. The application was submitted on February 24, 2006. Staff is reviewing and will provide comments by March 24, 2006. (PA06-0051 - KITZEROW /PETERS) . Roripaugh Ranch Conditions of Approval Modification - A Major Modification to Conditions of Approval for Tracts 29661 (Conditions of Approval Nos. 17, 19, and 27), Tract 29353 (Condition of Approval 15), and Tract 32004 (Condition of Approval Nos. 8, 9,10,24,37,38, and 39) relative to issuance of building permits and timing of landscaping bonds for Roripaugh Ranch. The application was submitted on February 27,2006. Staff is reviewing and will provide comments by March 27, 2006. (PA06-0053 - KITZEROW/PETERS) . T -Mobile Monopine - An application for a Development Plan and Conditional Use Permit to construct a 70 foot mono pine within a 676 square foot enclousure, to be located at Orchard Christian Fellowship, 42101 Moraga Road. The application was submitted on January 26, 2006. A DRC meeting was held on March 9, 2006. Staff is currently awaiting submittal of revised plans. (PA06-0026 - LINTON) . Creekside Centre - A Tentative Parcel Map to subdivide 6.27 acres into three parcels located at the southwest corner of Overland Drive and Nicole Lane. The application was submitted on February 21,2006, and is currently under review. Comments are due March 14, 2006. (PA06-0045 - LINTON) . Redhawk Pavillion - A Development Plan application for a proposed commercial center consisting of three buildings totaling 29,498 square feet located on the southeast corner of De Portola and Margarita (APN 959-050-006). The application was submitted on February 22, 2006 and comments are due on March 22, 2006. (PA06-0046 - MCCOY) . PA 13 Redhawk - A Development Plan application to build 98 condominium units on 8.9 acres. The project is located on the northeast corner of Peachtree and Deer Hollow (APN 962-020-012). The project was submitted on March 8, 2006, and comments are due on April 5, 2006. (PA06-0060 - MCCOY) . Burke Building - A Parcel Merger application to merge four parcels into one parcel required as a Condition of Approval forthe Burke Building. The project is located at 41965 4th Street. The project was submitted on February 7,2006 and is waiting to be recorded. (PA06-0038 - MCCOY) Recentlv Approved Proiects . Butterfield Ranch Self-Storage - A Development Plan submitted June 19, 2005, for a 127,572 square foot self storage building located on the southeast corner of Highway 79 South and Butterfield Stage Road. A DRC meeting was held on September 1, 2005. Applicant resubmitted on November 14, 2005. A DRC letter mailed November 28,2005. This project was approved at the March 1, 2006 Planning Commission Hearing. (PA05- 0189 - DAMKO) . Prescott Product Review - A Development Plan submitted on November 7, 2005, for 112 single-family homes in the Harveston Specific Plan located on the north side of Date Street in Tracts 32437-3 and 23437-F. A DRC letter was mailed on December 6, 2005. The project was approved at the March 1,2006 Planning Commission Hearing. (PA05-0335- DAMKO) . Beacon Industrial Condos - An Industrial condo map submitted on November 23,2005, to subdivide the 13,716 square feet Beacon Industrial building into nine condominium units located at 42103 Rio Nedo. A DRC letter was mailed on January 3,2006. The project was approved at the February 23, 2006 Director's Hearing. (PA05-0361 - DAMKO) . BJ's Restaurant - A Development Plan to construct an 8,466 square foot restaurant building on a 0.95 acre site located at the southeast corner of Ynez Road and Overland Drive. This project was submitted September 22, 2005. A Planning Commission sub-committee reviewed the proposed building and site plan changes for the Overland Commercial Center. Revised plans were submitted on December 26, 2005 and staff is currently reviewing the revised plans. The project was approved at the February 15, 2006 Planning Commission Hearing. (PA05-0275 - FISK) . BJ's Restaurant - A Minor Conditional Use Permit for the sale of distilled spirits from an 8,500 square foot restaurant to be located at the southeast corner of Ynez Road and Overland Drive. The application was submitted on December 19, 2005. The project was approved at the February 15, 2006 Planning Commission Hearing. (PA05-0392 - FISK) . Temecula Office Center - Proposed one lot Tentative Parcel Map for condominium purposes on 4.72 acres on the west side of Business Park Drive between Rancho Way and Rancho California Road. The project was resubmitted on January 31, 2006. Comments were received on February 9, 2006. This project was approved at the March 9, 2006 Director's Hearing. (PA05-0358 - LINTON) . Laurel at Wolf Creek - A Home Product Review for architecture and placement of 167 single-family residences within Planning Area 15 of the Wolf Creek Specific Plan. The project was submitted on October 20, 2005. A DRC letter was mailed to the applicant and the applicant resubmitted on December 23, 2005. This project was approved at the February 23, 2006 Director's Hearing. (PA05-0310 - MCCOY) . Legacy Corporation - A Tentative Parcel Map for condominium purposes for two industrial buildings plus one office building totaling 116,506 square feet. The project is located at 41995,41973 and 41951 Remington Avenue. The project was submitted on November 23, 2005. This project was approved at the March 2, 2006 Director's Hearing. (PA05-0362- MCCOY) Proiects Under Review Commercial . Redhawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit submitted on June 8, 2005 for three buildings totaling 8,354 square feet used for a self-serve carwash and tire store. The project is located on the northeast corner of Margarita Road and De Portola Road. A DRC meeting was held on August 18, 2005. A DRC letter was mailed on August 23, 2005. Applicant is working out access issues with Staff. Staff is waiting for applicant resubmittal. (PA05-0172 -DAMKO) . Etco Plaza Sign Revision - The Application submitted on December 19, 2005, is a request to revise the existing sign program to allow additional signage and sign colors. Staff has scheduled the project for the April 9, 2006 Planning Commission Hearing recommending denial. (PA05-0390 - DAMKO) . Paseo Del Sol Recreation Building - A Development Plan to construct a recreation center consisting of a 1,962 square foot building and swimming pool on 1.2 acres generally located on the north side of Sunny Meadows Drive, approximately 900 feet east of Meadows Parkway. The application was submitted on January 5, 2006. A DRC meeting was held on February 9,2006. Staff is currently awaiting the submittal of revised plans. (PA06-0004- FISK) . Pujol Condos - A Tentative Parcel Map for condominium purposes for a residential condominium project located approximately 1 ,800 feet south of 1" Street on the west side of Pujol Street. The application was submitted on July 7,2005. A DRC meeting was held on September 1, 2005, and a DRC letter was mailed on September 1, 2005. Revised plans were submitted on October 26, 2005. A second DRC letter was sent to the applicant on December 13, 2005. Staff recently received environmental documents and revised plans and is reviewing the project. Staff anticipates a May Planning Commission Hearing for the project. (PA05-0209 - FISK) . Temecula Professional Building - A Development Plan to construct a 10,500 square foot office building on 0.91 acres located on the west side of Margarita Road, approximately 300 feet south of De Portola Road. The application was submitted on October 5,2005. A DRC was held on December 12, 2005, and a DRC letter was sent to the applicant on December 12, 2005. A second DRC letter was sent to the applicant on February 24, 2006. Staff is currently awaiting the submittal of revised plans. (PA05-0297 - FISK) . YMCA - A Development Plan to construct a 38,540 square foot YMCA building within a 0.66 acre lease area of a 20.2 acre site located at 29119 Margarita Road. The application was submitted on November 29, 2005. Staff is currently reviewing the application. A DRC meeting was held on January 26, 2006. Staff is currently awaiting the submittal of revised plans. (PA05-0365 - FISK) . Carpet One - A Development Plan submitted on January 19, 2006, for the construction of a 4,800 square foot retail building located in the Creekside Shopping Center on Highway 79 South and Pechanga Parkway. This project was scheduled for Pre-DRC on March 14, 2006, and DRC on March 16, 2006. (PA06-0016 - KITZEROW/PETERS) . U-Store-It U-Haul Rentals - A Minor Conditional Use Permit to allow U-Haul truck rentals at U-Store It located at 28401 Rancho California Road (APN 921-281-019). This project was submitted on November 15, 2005. A DRC letter was mailed to the applicant on December 28, 2005. Staff is waiting for response back from applicant. A 30-Day No Response letter was sent to applicant on January 31, 2006. Applicant has resubmitted revised plans on March 6, 2006. Staff is currently reviewing revisions. (PA05-0349 - LECOMTE) . Temecula Glass Company - A Development Plan to construct an 11,271 square foot commercial building on .987 acres located at 41755 Enterprise Circle. The application was submitted on April 12, 2005. A DRC meeting was held on May 19, 2005. A DRC letter was sent on May 20, 2005. Revised plans were submitted on December 7, 2005. Staff anticipates presenting the project at the March 15, 2006 Planning Commission Hearing. (PA05-01 05 - LINTON) . Dr. Levi's Office and Retail - A Major Modification to renovate the former 5 & Diner into offices and retail facilities located at 26460 Ynez Road. The application was submitted on October 31, 2005. A DRC meeting was held on December 22, 2005. Staff is currently awaiting revised plans. (PA05-0329 - LINTON) . Lyndie Lane Speculative Building - A Development Plan to construct a 9,265 square foot commercial building located at 29748 Rancho California Road. The application was submitted on October 14, 2005. A DRC meeting was held on December 8, 2005. Staff is currently awaiting revised plans. (PA05-0305 - LINTON) . Rite-Aid - A Minor Conditional Use Permit and Public Convenience and Necessity application to sell alcohol within a 16,836 square foot retail facility to be located within the Rancho Temecula Town Center at the northeast corner of Winchester Road and Nicolas Road. The application was submitted on October 25, 2005. Staff anticipates presenting this project at the April 5, 2006 Planning Commission Hearing. (PA05-0314 - LINTON) . Rite-Aid Drive Thru - A Conditional Use Permit for a proposed pharmacy drive thru for the Rite-Aid within the Temecula Village. The project is located on Rancho California Road and Moraga. The application was submitted on January 20,2006. The project is scheduled for Planning Commission on April 19, 2006. (PA06-0019 - MCCOY . Schafer Building - A Major Modification Application to an approved Development Plan to change materials and add stucco to an approved building. The project is located at 41273 Margarita Road. This project was submitted October 5, 2005. The project was taken to the February 1, 2006 Planning Commission and was continued to the March 1,2006 hearing. This project was continued again to the March 15, 2006 Planning Commission Hearing (PA05-029 - MCCOY) . Jefferson Avenue Inn - An Application for an Extension of Time of an approved Development Plan (PAOO-0507). PAOO-0507 is an approval for a three-story hotel building located on Jefferson Avenue. This project is tentatively scheduled for the March 15, 2006 Planning Commission Hearing. (PA05-0312 - MCCOY) . Gupta Industrial Condo - A Tentative Parcel Map for condominium purposes to create five industrial condominium units in an existing building. The project was submitted on October 31,2005. The building is located at 41636 Enterprise Circle North. A DRC letter was mailed out on January 9,2006. Applicant resubmitted on March 8, 2006 and is scheduled for the March 30, 2006 Director's Hearing. (PA05-0330 - MCCOY) . Temecula Village - A Second Extension of Time for approved Development Plan application PAOO-0140. The project is located on the northeast corner of Rancho California Road and Moraga Road. The application was submitted on November 16, 2005. The project is tentatively scheduled for the April 19, 2006 Planning Commission Hearing. (PA05-0352- MCCOY) . Temecula Community Church - A Conditional Use Permit application with a Development Plan for the addition of three buildings and the removal of existing modular buildings and trellises. The project is located at 28871 Santiago Road. The project was submitted on December 15, 2005. A DRC letter was sent out on February 3,2006. Staff is awaiting revised plans. (PA05-0389 - MCCOY) . Down's Energy - A Development Plan application for a liquid natural gas distribution facility and a 14,776 square foot office speculative building. The project is located at the northwest corner of Rancho Way and Diaz Road. The project was submitted on December 22,2005. Staff is waiting for revised plans. (PA05-0402 - MCCOY) . Avis Car Rental- A Minor Conditional Use Permit to allow a rental car agency to operate within the Embassy Suites Hotel located at 29345 Rancho California Road. This project was submitted on January 23,2006. Staff is currently waiting for submittal of the public hearing information packet. (PA06-0021 - NOLAND) . Budget Rent-A-Car-A MinorConditional Use Permitfora rental car agency to be located in the Adobe Plaza Shopping Center at 27645 Jefferson Avenue, Suite #113. This project was submitted on January 23,2006. Staff is currently waiting for submittal of the public hearing information packet. (PA06-0020 - NOLAND) . Temecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven commercial/office/retail buildings at the southeast corner of Jedediah Smith Road and Highway 79 South. The application was submitted on February 9,2005. Comments were sent to the applicant on July 25, 2005. Revised comments were sent to the applicant on December 7, 2005. A revised sign program was submitted on January 18, 2006. This item is scheduled for the April15, 2006 Planning Commission Hearing. (PA5-0040 - PAPP) Subdivisions . Parcel Map 28049 - An Application for an Extension of Time for Parcel Map 28049. The project site is located on the west side of Pujol Street, approximately 2,200 feet south of First Street. The application was submitted on October 13, 2005. Staff anticipates an April Director's Hearing for the project. (PA05-0304 - FISK) . Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into six parcels at the east side of Ynez Road north of Rancho California Road and south of Solana Way. This project was submitted on January 6,2005. Comments were due January 28, 2005, and a Pre-DRC was held February 1,2005. A DRC was held February 10, 2005, and a DRC letter was sent on February 10, 2005. On June 30, 2005, Staff requested additional information to complete an I nitial Study for this project. A DRC meeting was held August 4,2005. Revised plans were submitted on September 16, 2005. A third comment letter was mailed November 2,2005, with a third submittal received on September 15, 2005. This project is scheduled for the March 15, 2006 Planning Commission Hearing. (PA05-0004 - KITZEROW /PETERS) . Roripaugh Ranch PA16-18 TTM - A Tentative Tract Map (No. 29368) to subdivide 100.07 gross acres into 399 lots (389 single-family residential lots) located in Planning Area 16, 17, and 18 of the Roripaugh Ranch Specific Plan. The application was submitted on December 7, 2005. A DRC meeting was held on February 7, 2006, and comments were mailed to applicant. Staff is awaiting resubmittal. (PA05-0375 - KITZEROW/PETERS) . Roripaugh Ranch PA 10 TTM - A Tentative Tract Map (No. 30766) to subdivide 8.1 gross acres into 15 lots (14 single-family residential lots) within Planning Area 10 of the Roripaugh Ranch Specific Plan. The project was submitted on December 12, 2005. A DRC meeting was held on January 26,2006, and comments were mailed to the applicant. Staff is awaiting resubmittal. (PA05-0384 KITZEROW/PETERS) . Roripaugh Ranch PA19 TTM - A Tentative Tract Map (29367) to subdivide 28.03 gross acres into 27 lots (25 single-family residential lots and 2 open space lots) located in Planning Area 19 of the Roripaugh Ranch Specific Plan. The project was submitted on December 12, 2005. A DRC meeting was held on February 9, 2006, and comments were mailed to the applicant. Staff is awaiting resubmittal. (PA05-0384 KITZEROW/PETERS) . Roripaugh Ranch PA 23and 24 TTM - A Tentative Tract Map (30768) to subdivide 21.5 gross acres into 123 lots (122 single-family residential lots/one open space lot) located in Planning Areas 24 and 25 of the Roripaugh Ranch Specific Plan. Minimum lot size is 4,000 square feet, with an average lot size of 5,443 square feet. The project was submitted on December 13, 2005. A DRC meeting was held on February 9,2006, and comments were mailed to the applicant. Staff is awaiting resubmittal. (PA05-0387 KITZEROW/PETERS) . Roripaugh Ranch PA33A - A Tentative Tract Map (No. 90767) to subdivide 10.96 gross acres into 15 lots (14 residential lots) located within Planning Area 33A in the Roripaugh Ranch Specific Plan (generally located at the terminus of Nicolas Road and Butterfield Stage Road). The application was submitted on January 4,2006. A Pre-DRC meeting was held on February 21, 2006, and a DRC meeting was held on February 23, 2006. Comments were mailed to the applicant on February 27, 2006, and staff is currently awaiting resubmittal. (PA06-0002 - KITZEROW/PETERS) Industrial . Winchester Gilcrest - A Development Plan submitted on April 5, 2005, for a total of 55,956 square feet of industrial office/warehouse space in three, one story buildings. The project is located on the south side of Winchester Road, west of Diaz Road. A DRC was scheduled for May 12, 2005, and a DRC letter was mailed on May 17, 2005. Applicant resubmitted on October 5, 2005. Comment letter was sent on October 20, 2005. Applicant resubmitted on March 1,2006. Staff is currently reviewing resubmittal. (PA05-0096 - DAMKO) . Asher Business Park - A Pre-Application for a proposed high-tech research and development campus consisting of six buildings totaling 62,209 square feet, located at the southeast corner of Calle Empleado and Winchester Road. Comments were due from other departments on January 10, 2006. The project is under staff review. A DRC was held on February 9, 2006. Staff is awaiting applicant resubmittal. (PR05-0023 - LECOMTE) . Plaza Rio Vista -A Development Plan to construct a 19,650 foot office building on .99 acres atthe corner of Black Deer Loop and Diaz Road. The application was submitted on May 10, 2005. The DRC meeting was held on June 23, 2005. Staff anticipates presenting the project at the March 15,2006 Planning Commission Hearing. (PA05-0139 - LINTON) . Storage 2 U - U-Haul Rental- A Minor Conditional Use Permit to allow for U-Haul rentals at Storage 2 U, located at 27731 Diaz Road. The application was submitted on October 26, 2005. A DRC meeting was held on December 15, 2005. Staff is currently awaiting revised plans. (PA05-0318 - LINTON) Mixed Use/Residential . Temecula Lane -A Conditional Use permit, Development Plan and Vesting Tentative Tract Map to construct 59, four-plex buildings totaling 236 units, 32 three-plex buildings totaling 96 units, and 96 single-family detached units on a 47.5 acre site, located atthe northeast corner of Loma Linda Road and Temecula Lane. The project was submitted on August 8,2004. A DRC meeting was held with the applicant on October 21, 2004. Plan revisions were submitted on March 3, 2005. Staff provided revision comments to the applicant on March 31, 2005. The project was approved at the January 18, 2006 Planning Commission Hearing. The project was appealed to City Council and is scheduled to go to the March 21, 2006 City Council Hearing. (PA04-0496 - DAMKO) . Barrington Product Review - A Development Plan submitted on December 18, 2005, for 130 single-family homes located within Tract 32437-1 ,2,3, -and, F of the Harveston Specific Plan located on Ynez Road and Date Street. A DRC letter was mailed on December 27, 2005. Staff is waiting for applicant response. (PA05-0378 - DAMKO) . Temecula Lane II - A Conditional Use Permit, Development Plan and Vesting Tract Map submitted on December 20,2005, for the development of 297 multi-family residential units located on the southeast corner of Pechanga Parkway and Loma Linda Road. A DRC meeting held on February2, 2006, and a DRC letter was mailed on February 9, 2006. Staff is waiting for applicant response. (PA05-0395, PA05-0396, PA05-0397 - DAMKO) . Rancho Highlands III-A Conditional Use Permit, Development Plan and Vesting Tentative Map submitted on December 21, 2005, to allow a subdivision for condominium purposes and development of 137 multi-family units located near the northeast corner of Ynez Road and Rancho California Road. A DRCwas held on February 16, 2006, and a DRC letter was mailed on March 3, 2006. Staff is waiting for the applicant's response (PA05-0398, PA05- 0399, PA05-0400 - DAMKO) . Dalton III-A Conditional Use Permit / Development Plan submitted on February 7,2006, for a 22,522 square foot mixed use building located on 5th Street within the Old Town Specific Plan. A DRCwas held on March 2, 2006, and the DRC letter was mailed on March 3, 2006. Awaiting applicant's response. (PA06-0037 - DAMKO) . Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. Revised plans were submitted on July 7, 2004. A second DRC letter was provided on September 10, 2004. Revised plans were submitted on February 7,2005. A third DRC letter was provided to the applicant on April 8, 2005. Revised plans were received on August 2, 2005. Staff is currently awaiting submittal of correspondence from the county geologist regarding earthquake fault line setbacks. (PA03-0552 - FISK) . Pujol Condos - A Development Plan to construct nine multi-family condominium buildings totaling 134,213 square feet on 7.85 acres located on the west side of Pujol Street, approximately 1,800 feet south of 1 ,t Street. The application was submitted on July 21, 2005. A DRC meeting was held on September 1,2005, and a DRC letter was mailed to the applicant on September 1, 2005. Revised plans were submitted on October 26, 2005. A second DRC letter was sent to the applicant on December 13, 2005. Staff is currently reviewing environmental documents and revised plans. Staff anticipates a May Planning Commission Hearing for the project. (PA05-0208 - FISK) . Renaissance Villages - A Residential Development Plan and Tentative Tract Map to construct 58 condominium units totaling 78,397 square feet on 3.98 acres generally located on Pujol Street, approximately 100 feet north of Main Street. The application was submitted on August 3, 2005. A DRC meeting was held on September 26, 2005, and a DRC letter was mailed to the applicant on September 27,2005. Revised plans were submitted on October 26, 2005. Staff is currently reviewing revised plans and is awaiting the submittal of environmental documents. Staff anticipates a May Planning Commission Hearing for the project. (PA05-0229 - FISK) . Mira Loma PDO -A Planned Development Overlay to change the zoning ofa 7.24 acre site from High Density Residential (H) to PDO -11 to change the development standards forthe site. The project site is located at 29601 Mira Loma Road. The project was submitted on August 8, 2005. A DRC meeting was held on September 29, 2005, and a DRC letter was sent to the applicant on October 4, 2005. A second DRC meeting was held on February 16, 2006. A second DRC letter was sent to the applicant on February 24, 2006. Staff is currently awaiting the submittal of revised plans. (PA05-0234 - FISK) . Naron Pacific Tentative Tract Map 30434- A proposal for a Tentative Tract Map to create thirty residential lots and four open space lots in the Chaparral area. The application was originally submitted on April 18, 2002. The CAD has made a recommendation on policyfor the Chaparral Area allowing one-half acre lots if it does not increase the "net" density. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. An environmental constraint map was submitted on February 9, 2005. Staff met with the applicant on March 22, 2005 to discuss grading impacts and received revised plans and constraints map. A letter was mailed to the applicant on April 7, 2005, informing him thatthe submitted plans are not adequate, the project is still considered incomplete, and additional information is still required in order to proceed with processing. Staff met internally on April 8, 2005, to discuss General Plan update. A letter was sent to the applicant on April 13, 2005, to explain City Council decision not to modify Chaparral Policy; therefore, project plans must be revised to adhere to existing policies within the General Plan. Staff is currently awaiting submittal of revised plans. A 30-day close-out letter was sent certified mail to the applicant on September 16, 2005, and the applicant requested additional time to revise plans. A 60-day follow up letter was mailed on January 23, 2006, and the applicant indicated they will resubmit in March. (PA02-0204 PA02-0193 - KITZEROW/PETERS) . R. Alison TM -A Tentative Tract Mapto subdivide 3.71 acres into 11 residential lots located at 31670 Rancho California Road. The application was submitted on June 9, 2005. A DRC meeting was held on July 21, 2005, and a letter was mailed to the applicant on August 1, 2005. The applicant submitted revised plans. A second DRC letter was sent on January 30, 2006. Staff is awaiting revised plans. (PA05-0176 - LINTON) . Woodcreek Apartments - A Minor Modification application to build 35 tenant covered parking spaces/garage ports to be located at 42200 Moraga Road. The application was submitted on May 31, 2005. A DRC meeting was held on July 14, 2005. Revised plans were submitted on August 4, 2005. A second DRC letter was sent on August 25, 2005. Staff is currently awaiting the submittal of revised plans. (PA05-0160 - LINTON) . Silver Oaks - A Development Plan/Tentative Tract Map to construct 112 age restricted condominiums on 7.5 acres on the northwest corner of Margarita Road and Dartola Road. The project was submitted on August 9, 2005. A second DRC was held on November 1, 2005. Staff is currently awaiting revised plans. (PA05-0235, PA05-0236 - LINTON) . Kingdom Hall of Jehovah's Witness Church - A Pre-Application for a Conditional Use Permit to construct an 11,550 square foot church with two additional detached residential units totaling 1,612 square feet located on Calle Girasol and Riverton. The project was submitted on July 19, 2005, and is currently under review. A DRC was held on September 22,2005. A DRC letter was sent on September 29,2005. Staff is currently waiting for a formal submittal. (PR05-0012 - MCCOY) . Tentative Tract Map 32780 - A Tentative Tract Map to divide 22.45 acres into 38 single- family lots on Walcott Lane north of La Serena. The project was submitted on August 10, 2005, and is awaiting applicant response. A DRC meeting was held and a DRC letter was mailed to the applicant on December 13, 2005. The project is tentatively scheduled for a June 2006 Planning Commission Hearing. (PA05-0240 - MCCOY) . Laurel at Wolf Creek - A Home Product Review for architecture and placement of 167 single-family residences within Planning Area 15 of the Wolf Creek Specific Plan. The project was submitted on October 20, 2005. A DRC letter was mailed to the applicant and the applicant resubmitted on December 23,2005. The project is scheduled forthe February 23,2006 Director's Hearing. (PA05-0310 - MCCOY) . Stonebriar - Wolf Creek - A Home Product Review for 112 single-family homes in PA21 of the Wolf Creek Specific Plan. Elevations include three floor plans and elevation types ranging from 3022 to 3446 square feet. Application was submitted November 4, 2005. A DRC letter was sent out on December 27, 2005. The applicant resubmitted plans on March 8, 2006, and comments are due on due on March 22, 2006. (PA05-0332 - MCCOY) . Temecula Village - A Major Modification for an approved Development Plan. Modifications include changes to the roof plans, recreation center and to a proposed Rite-Aid. The project is located on Rancho California Road and Moraga. The application was submitted on January 20,2006, and is scheduled for the February 23,2006 DRC meeting. (PA06-0018- MCCOY) . Rancho Highlands Maravilla - A Development Plan and Product Review for 71 tri-plex buildings totaling 213 units on 23.3 acres in the Rancho Highlands Specific Plan along the extension of Tierra Vista and Rancho Highlands Road (APN 944-330-001, 003 and 017). The applications were submitted on June 6, 2005. A DRC meeting was held on July 14, 2005. Staff is currently preparing an I nitial Study for this project. This project has been scheduled for the April 19, 2006 Planning Commission Hearing. (PA05-0167 - PAPP) Miscellaneous . Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50-foot high monopalm on Greentree Road, approximately 500 feet east of Via Sierra. The project was submitted on April 19, 2004. Staff has received third-party review comments. Staff has postponed scheduling the project for a Planning Commission Hearing at the applicant's request. The application will be closed due to inactivity. (PA04-0285 - FISK) . Sprint 100 Margarita - A Minor Conditional Use Permit for the co-location of six cellular telecommunication antennas on a mono-pine, which includes the replacement of the existing 57-foot high mono-pine, with a 68.4 foot mono-pine, located at 41520 Margarita Road. The application was submitted on September 23, 2004. A DRC letter was sent to the applicant on October 19, 2004. Revised plans were submitted on December 9,2004. The applicant contacted staff on February 22, 2005, stating that the proposed site for co-location was already occupied by another carrier and that revised plans must be submitted for location on another structure on the project site. Revised plans were submitted on June 29, 2005. A DRC letter was sent to the applicant on August 4, 2005. The applicant has agreed to close this application and will be submitting a new application at a later date. (PA04-0529 - FISK) . Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping Center located at the southwest corner of Margarita Road and Overland Drive. The application was submitted on March 1,2005. A DRC letter was sent on March 28, 2005, and staff met with the applicant to review the DRC comments on April 22, 2005. The applicant submitted a revised sign program on July 1,2005. The project was heard at the September 21, 2005 Planning Commission Hearing and was continued to the December 7, 2005 Planning Commission Hearing so that the applicant could revise the program and address the Planning Commission concerns. The sign program was approved at the December 14, 2005 Planning Commission Hearing. The applicant has filed an appeal of the Conditions of Approval placed on the project. Staff anticipates presenting the appeal at an April 2006 City Council Hearing. (PA05-0064 - FISK) . Meadowview Golf Course - A Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The focused EIR requires modification. Staff is currently waiting for the revised EIR. (PA01- 0375 - KITZEROW/PETERS) . Doghouse/Lolita Road Monopalm Wireless Antenna - A Conditional Use Permit to construct a 50-foot high monopalm with 12 panel antennas, on two-inch microwave dish, a shelter to match residence, a generator pad for emergency use, and two live palm trees with irrigation located at 30984 Lolita Road. The application was submitted on June 24, 2005. A DRC letter was mailed on July 23,2005. This project was resubmitted in November and a second DRC letter was sent December 16, 2005. A meeting was held with the applicant on January 26, 2006. Staff is currently awaiting resubmittal. (PA05-0195 - KITZEROW/PETERS) . Roripaugh Ranch Mega Center - A Development Plan for the Roripaugh Mega Center including a 16,343 square foot Community Center, a 1,414 square foot restroom/pool equipment building, and a 640 square foot cabana totaling 18,397 square feet on 3.88 acres in PA 30 of the Roripaugh Ranch Specific Plan. The project was submitted on November 14,2005, and comments were mailed to the applicant on December 29,2005. The project was resubmitted on January 25,2006. Comments were sent to the applicant on February 28,2006. Staff is currently awaiting resubmittal. (PA05-0345 KITZEROW/PETERS) . Roripaugh Ranch PA4A EOT - An Extension of Time for a previously approved Home Product Review (Development Plan - PA03-0347) for the construction of 100 single-family homes located within Planning Area 4A of the Roripaugh Specific Plan. This project was submitted on December 19, 2005. The project is tentatively scheduled for Planning Commission on March 15, 2006. (PA05-0391 KITZEROW/PETERS) . General Kearney Reservoir Wireless Facility - A Conditional Use Permit to replace an existing non-disguised unmanned wireless monopole with a new 65 foot tall unmanned wireless mono pine with 12 antennas, four-foot diameter microwave dish and associated 336 square foot shelter and a back-up generator. The property is east of Placer Lafite and south of Chemin Coutet. The application was submitted on March 1,2005. A DRC meeting was held on April 21 ,2005. A second meeting was held on January 24,2006. Staff is currently awaiting revisions. (PA05-0063 - LINTON) . Brightstart Daycare - A Minor Conditional Use Permit for a large family childcare proposed in a 1,639 square foot home located at 31862 Via Barraza. This project was submitted on July 26, 2005, and is currently under review. A DRC meeting was held on September 1, 2005, and a DRC letter was sent on September 13, 2005. Staff is still awaiting applicant response. (PA05-0213 - MCCOY) . Butterfield Station Sign Program - To establish and implement a sign program for the Butterfield Station shopping center. The property is located on Highway 79 South and Butterfield Stage Road. The application was submitted on October 4, 2005. Staff is awaiting revised sign program. (PA05-0294 - MCCOY) . Roripaugh Ranch PA3 Extension of Time - An Extension of Time application for a previously approved Home Product Review (Development Plan, PA03-0551 for Shea Homes) for the construction of 99 single-family homes located within Planning Area 3 of the Roripaugh Ranch Specific Plan. The application was submitted on January 23,2006, and is tentatively scheduled for Planning Commission on April 5, 2006. (PA06-0022 - SCHUMA) Small Business Assistance . Wine Sellars - An Administrative Development Plan for an outdoor dining area has been submitted for this wine tasting facility at the southeast corner of Sixth Street and Old Town Front Street (The Hitching Post Center) in Old Town Temecula. A comment letter has been sent to the owner and applicant outlining the requirements of the Public Works and Community Services Departments. (PA05-0269 - NOLAND) . The Golf Store - Planning staff is working with the owner of this Old Town business to develop new signs that are consistent with the sign program for the Penfold Building. (PA05-0340 - NOLAND) Special Event Permits . Bluegrass Festival- A Major Temporary Use Permit is in progress for this Old Town event organized by the Redevelopment Department that will take place on March 18, and 19, 2006. Staff is coordinating comments from all concerned City departments and an organizational meeting is planned for early March. (PA06-0029 - NOLAND) Special Proiects & LonQ RanQe PlanninQ Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: . Medical Marijuana Dispensaries Ordinance - An Ordinance amending the Municipal Code defining "Medical Marijuana Dispensary" and prohibiting such use in all zones of the City. This item is scheduled for the April 5, 2006 Planning Commission Hearing. (WEST) . Development Code Clean-Up Amendment - Staff has finalized the proposed amendment to the Development Code. The proposed amendment includes amending front yard setback requirements in residential districts, integrating state law requirements for density bonuses and creating new sign standards for existing developments, and other minor modifications and clarifications. This item is scheduled for the April 5, 2006 Planning Commission Hearing. (PA05-0041 - WEST) . Old Town Specific Plan Amendment - Staff has finalizing the draft amendment to the Old Town Specific Plan to expand the protection for historic structures throughout the City, as well as make a number of other clarifications related to alleys, landscaping, signage, and mixed use projects within the Old Town Area. Staff anticipates taking this item to the Planning Commission in April. (PA04-0596 - WEST) . Public Transportation Master Plan - The decision has been made to attemptto do this work effort in-house rather than hiring an outside consultant. Staff is beginning the process of developing detailed work outline to guide the future work effort. (WEST) . Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff has started the development process for Mixed Use Development Standards by reviewing existing projects and guidelines. This is expected to result in a recommended approach for areas of the City that are designated for Mixed Use development. (WEST) . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. This is expected to include significance thresholds and procedures for the City to contract for the preparation of environmental impact reports. . Project environmental reviews and permitting: .:. Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff is recommending that a Negative Declaration be prepared, the scheduling of this item for the City Council will be coordinated with Public Works Department. (EA07 - PAPP) .:. 1-15/ SR79 South Ultimate Interchange Project - Staff continues to provide comments to the Public Works Department on the issues that need to be addressed in the NEPA/CEQA document that is to be prepared for this project. (EA111 - WEST) General Plan Amendments . Map 32780 - A General Plan amendment to amend the Land Use Designation from Very Low (VL) to Low Density (L) for a 22.45 acre parcel located on Walcott Lane north of La Serena (APN 957-170-032-033-034-035-036). This application was submitted on August 13,2005. A DRC is scheduled for November 15, 2005. A DRC was held and a DRC letter was mailed to the applicant on December 13, 2005. (PA05-0283 - MCCOY) ITEM NO. 18 Approvals City Attorney Director of Finance City Manager J#f"" IJIZ C;C CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mitch Aim, Chief of Police DATE: March 28, 2006 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of February 2006. PATROL SERVICES Overall calls for police service ................................................................................................. 2,602 "Priority One" calls for service ....................................................................................................... 55 Average response time for "Priority One" calls...............................................................6.2 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 412 Community Action Patrol (CAP) hours .......................................................................................308 Reserve officer hours (patrol) .........................................................................................................0 Total Volunteer hours...............................................................................................................1,049 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ........................................................................................ 3 Residential/business security surveys conducted ....................................................................... 2/0 Businesses visited........................................................................................................................ 24 Businesses visited for past crime follow-up.................................................................................. 17 Crime prevention articles ................................................................................................................1 Total square footage of graffiti removed.................................................................................. 4,955 OLD TOWN STOREFRONT Total customers served............................................................................................................... 319 Sets of fingerprints taken .............................................................................................................. 32 Police reports filed........................................................................................................................ 18 Citations signed off ....................................................................................................................... 11 Total receipts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ..... $8,851 POP TEAMS On sight felony arrests ....................................................................................................................1 On sight misdemeanor arrests...................................................................................................... 10 Felony arrest warrants served ........................................................................................................0 Follow-up investigations................................................................................................................ 10 Presentations GANG TEAM On sight felony arrests ....................................................................................................................1 On sight misdemeanor arrests........................................................................................................5 Felony arrest warrants served ........................................................................................................0 Follow-up investigations.................................................................................................................. 2 Field I nvestigations Conducted....................................................................................................... 2 Presentations SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ....................................................................................................................6 On sight misdemeanor arrests........................................................................................................5 Felony arrest warrants served ........................................................................................................1 Misdemeanor arrest warrants served ............................................................................................. 1 Follow-up investigations.................................................................................................................. 1 Drugs Seized 22.7 grams marijuana .2 grams methamphetamine TRAFFIC Citations issued for hazardous violations ................................................................................ 1,398 D.U.I. checkpoints conducted .........................................................................................................0 Non-hazardous citations............................................................................................................. 279 Stop Light Abuse Program (SLAP.) citations........................................................................... 360 Neighborhood Enforcement Team (N.E.T.) citations ................................................................. 362 Parking citations.. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... .... 278 Injury collisions................................................................................................................................ 4 Presentations Bicycle Safety............................................................................................ Temecula Middle School Bicycle Safety........................................................................................... Bella Vista Middle School Bicycle Safety............................................................................................. Margarita Middle School Bicycle Safety...........................................................................................Vail Ranch Middle School INVESTIGATIONS Average open cases per detective .............................................................................................. 2.5 Average case closure rate (per Detective) .................................................................................. 2.5 Number of community seminars conducted ...................................................................................1 Presentations Robbery Seminar - City of Temecula/Murrieta Bank Employees PROMENADE MALL TEAM Calls for service........................................................................................................................... 294 Felony arrest/filings......................................................................................................................... 3 Misdemeanor arrest/filings............................................................................................................ 34 Vehicle burglaries........................................................................................................................... 2 Vehicle thefts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ... ... ... ..... 0 Prevention/Suppression Programs .................................................... Mall Zero Tolerance Program SCHOOL RESOURCE OFFICERS Felony arrests................................................................................................................................. 5 Misdemeanor arrests .................................................................................................................... 10 Citations..................................................................................................................... ................... 23 Youth counseled......................................................................................................................... 380 Presentations Great Oak High School (2 Presentations) .............................................................. Theft/Shoplifting Rancho Elementary School (4th and 5th grade) (3 presentations) ........................................Bullying Boys and Girls Club ................................................................................................Stranger Danger Rancho Elementary/Temecula Elementary (2"d Grade Students) (4 pres.) ...........Stranger Danger Chaparral High School Staff ............................................................................ Drugs/Paraphernalia YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members .......................................................................... 4 School visits.................................................................................................................................. 76 Home visits.................................................................................................................................... 12 Presentations The Parent Project - 17 Parents ITEM NO. 19 Approvals City Attorney Director of Finance City Manager ~ IJIl ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Anthony Elmo, Director of Building and Safety DATE: March 28, 2006 SUBJECT: Departmental Report - February 2006 PREPARED BY: Diane Ball, Administrative Assistant The month of February 2006 showed a gain of construction activity as compared to previous months. The following is an overview of permit and inspection activity for February. Sinqle Family Development - Tracts In February, the City issued 39 new single family home permits for a total square footage of 183,092. These homes are primarily in Wolf Creek which currently has 234 homes under construction in addition to 126 homes under construction in Harveston. There are a total of 533 single family homes under construction throughout the City at the current time. Custom Sinqle Family Homes As of February, we have 26 custom homes under construction for a total of 128,661 square feet. Multi-Family Development Temecula Ridge is in the building process with 21 buildings. Temecula Creek has completed most of their condo construction and have 9 buildings with 20 units each left to complete in the first phase. Cape May Apartments in Harveston is constructing 270 units. Commercial Development There were 3 new commercial permits issued in February for a total valuation of $1 ,923,268. Plan check activity included submittals for Vail Properties at 32965 Highway 79 South, Overland Retail Center at 41653 Margarita Road, and J.E. Grant at 41900 Winchester Road. Total Permit and Inspection Activitv During the month of February inspection staff performed 3,482 inspections and 375 permits were issued representing a construction valuation of $24,722,675. The total building permit and plan check fees collected in the month of February were $204,632.55. ITEM NO. 20 Approvals City Attorney Director of Finance City Manager J#r /J/2 9ft CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: March 28, 2006 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: That the City Council receive and file the attached Department of Public Works Monthly Activity Reports for the month of February, 2006. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report February I March 2006 Prepared By: Amer Attar Submitted by: William G. Hughes Date: March 28, 2006 PROJECTS UNDER CONSTRUCTION 1. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. Construction started on 3-3-04. This project is complete. The grand opening took place on 10/04/05. Punch list items and close out items will likely be on-going for next two to four months. 2. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. Contract completion date is March 2006. Work is focused on punch list items. Although the station will be complete in March, it will be roughly 6 to 12 months before the Roripaugh Ranch Developer can provide access and utilities to the site. As a result, there will be a cost to re-mobilize and complete the project when the aforementioned items are complete, which the Developer is responsible for. In addition, a fire engine/truck venting system (requested added on 2/06) will be installed when the Contractor is re- mobilized. 3. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. The project is complete. Acceptance of roadway improvements is to go to Council on 4/11/06. 4. Patricia H. Birdsall Sports Park A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E. Barnhart, lric. at the September 28, 2004 Council meeting. The contract award amount is $13,365,055.51. Many of the remaining items of work are unchanged from last month, though the quantity has been reduced, and include scattered areas of concrete f1atwork, some stairways at ball fields, basketball baskets & boards, shade structure fabric, ball field scoreboards, walkway lighting, playground lighting, equipment, and resilient surfacing, BBQs, basketball court and parking lot striping, building interior finishes. The Contractor's request for contract days extension, which will likely extend contract completion into May, is still under review by the City. Completion of landscaping work continues to be a problem, with the landscape subcontractor continually underperforming; discussion continues with general contractor on how to resolve this. 5. Patricia H. Birdsall Sports Park Synthetic Turf As part of the sports park project, a separate contract to install synthetic turf on four fields, three soccer fields and a championship field that includes football overlay, was awarded to Byrom-Davey. This project is complete. This project is complete. Project acceptance is to go to City Council on 4/11/06. 6. Vail Ranch Middle School Basketball Court Lighting This project will add lights to the basketball courts at Vail Ranch Middle School. The project was bid successfully the second time with R & M Electrical Contracting being awarded the project on March 8,2005 in the amount of $102,696.00. Work began June 20, 2005 with substantial completion occurring on 10/31/05. Project delayed due to SCE easement requirement. Construction is complete. City Council is scheduled to accept the work on 03/21/06. 7. Temecula Library A full service library, approximately 34,000 square feet in area, has been designed and will be built on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to aid in funding the library. Framing, rough plumbing, ductwork and fire sprinklers are 80% complete at the Southern half of the building. Structural Steel is now standing on 90% of the northern half of the building with welding to follow. The parking lot is being fine graded and Asphalt is scheduled for early April. 8. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 1 Under this project, an expansion of the maintenance facility will be built on the properly adjacent to City Hall. Western Rim Constructors (WRC) was awarded the project with a low bid of $636,094.80. The pre-con meeting was held on 10-6-05. Notice To Proceed was issued on 10-10-05. There will be 100 working days. The construction activities are moving along per schedule. The contractor is grading for curb & gutter and staking work is in progress. Undergrounding work is almost complete. Rain has hurt the progress of the work. The connection to the catch basin in the street is in the works. 9. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of T emecula. Bids were opened 10/27/05. Apparent low bidder was D.C Hubbs Construction with a bid amount of $245,325.00. The City Council awarded construction contract to D.C. Hubbs Construction on 11/22/05. Construction is complete. Recommendation for acceptance by City Council is scheduled for 04/11/06. 10. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. Bids were opened on 01/09/06. Apparent low bidder was Grade Pros Inc. DBA McKenna with a bid amount of $1,367,663.15. Construction contract was awarded at the City Council meeting on 01/24/06. The Preconstruction Meeting was held on 02/15/06. The construction began on 02/27/06. Contractor has mobilized. They are working on erosion control, traffic control and grading. 11. Citywide Concrete Repairs FY 05-06 This project will remove and replace various concrete improvements including sidewalk, curb 2 and gutter, cross gutters, driveways approaches, and under sidewalk drains. This project will remove and replace various concrete improvements including sidewalk, curb and gutter, cross gutters, driveways approaches, and under sidewalk drains. Contract award is expected on 03/21/06. PROJECTS BEING ADVERTISED FOR BIDS 1. Temecula Education Center- Rough Grading This project will provide for the grading of the proposed Temecula Education Center. Currently is bidding phase, with a bid opening on 3/27/06. Award consideration is scheduled for the 4/11.06 Council meeting. 2. State Route 79 South Medians Under this project medians will be constructed on Route 79 South within the City of T emecula limits. The project is being advertised for construction bids. Bid opening date is scheduled for April 13, 2006. PROJECTS IN DESIGN 1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City recently met with staff members for Caltrans (Local Assistance) and the City's environmental consultant to re-classify the Preliminary Environmental Document (NEPA) of the project to a Categorical Exclusion with required technical studies (involving Federal action). After Caltrans (Local Assistance) has recommended that the City combined the noise studies from the City and Wolf Creek into one overall noise study for review. Standard Pacific Homes (Urban Crossroads) submitted the combined noise study to Caltrans (Local Assistance) the week of February 6 for final approval. The City has submitted the natural environment study/minimal impacts study, Air Quality Study, and Section 106 study w/ APE map & HPSR to Caltrans for review and approval Once Caltrans (Local Assistance and FHWA) approves the environmental document (PES) and the PS&E package, the City can then start the public bid process and proceed with the acquisition of three properties along Pechanga Parkway. 100% design plans were submitted to the City during the week of March 13 for final approval. 2. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of Engineers isrequired. 70% design plans were received by the City and will be sent to other City departments and utility companies for review during the week of March 20. 3 3. Fire Station - Wolf Creek Site A 9,000 SF fire station will be built@ the corner of Wolf Valley Rd & Wolf Creek Drive South. STK formally submitted the 1 st 100% CD submittal on August, 2005. They are currently addressing the 3rd plan check comments & will resubmit in March. STK and the developer are coordinating the monument wall, which is to be on a separate parcel (owned & maintained by the HOA). Negotiations are underway for the CM services contract with Vanir. 4. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1 ,214,000. Caltrans (the administrator of the federal funds) has given the City the "Authorization to Proceed with Preliminary Engineering." The City is working with Caltrans, US Army Corps of Engineers (USACE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. The signed Programmatic Categorical Exclusion (approved environmental document) was received from Caltrans on April 15, 2005. Final Design is underway and the 90% Plans were reviewed and comments returned to Kimley-Horn, the design consultant. The next submittal was received in late September and comments were returned to K-H on Oct. 19, 2005 for revision. Revised Plans and Specifications were received in late December 2005 and were reviewed by City staff. Comments went back to the Consultant for revisions. The City has received construction authorization from Caltrans. 5. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound 1-15 motorists and provide a dual left turn lane from westbound RCR to southbound Front Street. The Caltrans permit is being finalized, with the consultant addressing final plan check comments. Caltrans delays/issues are impacting the scheduled start date. We anticipated final clearance of the plans in April/May of 2006. Union 76 and Denny's have approved their right of entries. 6. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. A meeting was held on 8/24/05 with Corps of Engineers regarding pursuing the project as stand-alone. Design consultant Simon Wong Engineering (SWE) is continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Corps of Engineer's channel improvement project. SWE has also revised their original design proposal for this project in light of these additional efforts required; additional funding will be required to cover these revisions. A meeting was held with SWE on 3/16/06 to discuss the revisions and compare to scope of original contract. A decision is forthcoming (within 2 weeks) on a contract amendment. 7. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2 This project will construct the second phase of the City's Field Operation Center, which include the building. SCE advised that the existing conduit to City Hall transformer may be used for primary electrical feed. The consultant is addressing final plan check comments and technical spec comments and anticipates submitting mylars the week of March 20. 8. Diaz Road Extension to Cherry Street This project was previously "On-hold'" pending data from Riverside County Flood Control. With the construction of the proposed Education Center, this project has become developer driven. Plans 4 have been routed to various utilities for identification of possible conflicts and to Riverside Flood Control and Army Corp of Engineers for verification that the proposed roadway is in conformance with the proposed detention basin within Murrieta Creek. 9. Santa Gertrudis Bicyclel Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the design. Consultant is continuing the environmental review process while City staff reviews the 90% plan submittal. 10. Bridge Fencing Fences will be installed on bridges over 1-15. Proposed fencing locations are the east bound sides of the Overland Drive and Rancho California Road bridges over Interstate 15. Staff is awaiting comments from Caltrans. 11. Western Bypass Corridor Alignment Study This project will provide for an alignment stud for the Western Bypass Corridor. The City has negotiated a scope of work with URS Corporation. The recommendation to approve an agreement with URS is on the March 21, 2006 City Council Meeting agenda. 12. Western Bypass Bridge Over Murrieta Creek This project involves the design and environmental clearance of a new bridge over Murrieta Creek at the terminus of SR-79S and an extension of Pujol Street to the new structure. Once constructed, this. will serve as the southerly connection of the Western Bypass Corridor. A proposal for completion of the design and environmental phase, submitted by TY UN International, is being evaluated. 13. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 14. Long Canyon Detention Basin -Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% completed, however winter rains have affected the project conditions and the scope of work will need to be reevaluated. Project is on hold. 15. Rancho Vista Road Sidewalk This project involves design and environmental clearance of a new sidewalk along the south side of Rancho Vista Road between Ynez Road and Mira Loma Drive (east). Potentially impacted property owners have been notified. PS&E is 15% complete. 16. Rancho California Median Modifications This project will add an additional through-lane on Rancho California between Ynez Road and the 1- 15. The landscape median will be modified in order to accomplish this; no additional R/W will be needed. The design contract was awarded on 12/13/05. JMD proceeded to work on the 01/14/06. A schedule was submitted in January. The design is expected to be complete in March. The City shall 5 procure the required traffic signal pole and mast arm. Authorization to solicit bids will be requested at the 3/21/06 City Council meeting. 17. Pavement Rehabilitation Program - FY 2005/2006 This project will rehabilitate Diaz Road between Rancho California Road and Winchester road, including replacement of storm drain pipes Bids were opened on 03/14/06. a. R.J. Noble Company $ 2,584,080.20 (apparent low) b. All American Asphalt $ 2,606,606.00 c. Romero General Const. Corp. $ 3,222,929.34 d. Sim J. Harris Inc. $ 3,279,371.52 e. Vance Corporation $ 3,338,426.25 Award of construction contract is scheduled for the 03/28/06 City Council meeting. 18. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 200' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. An RFP was sent out; three proposals were submitted. All included costs that were beyond the budgeted amount for the project. The City processed an agreement with Nolte Associates for a "Preliminary Planning Study" to further review the available alternatives & potential costs on the project and re-budget accordingly. The kick-off meeting with Nolte was held in Feb and the next meeting is scheduled for March 28th, during which time they will produce a report identifying bridge alternatives, costs and their recommendations. This is a federally funded project, which will involve specific steps/actions to environmentally clear it. 19. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the RWQCB by desilting the channel and pond located near the Sports Park. An internal meeting took place in Dec, 2005 to clarify the scope of work. Internal research is continuing. Phone calls have been made to US Army Corps of Engineers to determine what permits will be required; they have not returned the calls. Further actions will be pursued. 20. Slurry Seal Project FY 2005-2006, Redhawk Area This project includes cleaning & sealing cracks in the road surface, removal & replacement of all pavement delineation, furnishing & installing Rubberized Emulsion - Aggregate Slurry (REAS) Type II and all necessary traffic control. There are approx, 3,571,850 sf of roadway involved. Bid authorization was given on 1/24/06. Bids were opened on 2/21/06. All American Asphalt was the lowest bidder w/a bid of $563,690.50. Recommendation to award the contract is scheduled for the 3/21/06 City Council Meeting. This work cannot start until May, 2006 or as directed by the City (weather dependent). 21. Erie Stanley Gardner. Exhibit This project will create an exhibit for the famous author in the museum. Newly down-scoped construction plans were just submitted by the architect. These plans are being reviewed. The project will be advertised for bids once the plans and specifications are finalized. 6 PROJECTS IN THE PLANNING STAGE 1. 1-15/ SR 79 South Interchange - Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. City continued development of design geometrics and environmental technical studies. Status is as follows: )> 1st submittal of Project Report - Received comments by Caltrans; City is addressing comments. )> 2nd submittal of Design Exceptions - Under review by Caltrans. )> 2nd submittal of Storm Water Data Report - Under review by Caltrans. )> 1 st submiJtal of Natural Environmental Study (MI) - Received comments by Caltrans; City is addressing comments. )> 1 st submittal of Visual Impact Analysis - Received comments by Caltrans; City is addressing comments. )> 2nd submittal of Traffic Analysis - Received comments by Caltrans; City is addressing comments. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The project is moving through the Caltrans process. Comments for Geometric Approval Drawings (GAD) should be returned to the City on 3-20-06. The Draft Project Report has been submitted for review. Draft Visual Analysis has been submitted to Caltrans for review. Utility conflict plans have been prepared and copies submitted to utility companies for review. New Connection Report, Draft Project report, Fact Sheets and Traffic Analysis have been submitted to FHWA for review. R/W data sheet is being prepared. The bridge design for French Valley has started. 3. French Valley Parkway Interim Southbound Off-Ramp to Jeff~rson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp - Phase I The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek. 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U) I- Z w :::E w > o 0:: a.. :::E ~ z Ol C '0 'i' c o Ol C '0 'i' c o ~ <Il '5 .. ... ... ... ... ... ... <( ~ $! w C :8 '5 C o <..l .~ "i w << " <Il & Ow -" w <Il C _~ .N e "-"- m $ Q)- "Ognili5 s'oRa1 Cf.I a.:J 0::: .~ ~ C .. .2 (/) ro ~ E g .eft E ~ ....-0 We :::::iro g~ UQ) <Il.c Q)~ cno-ci ~"5J .~ 3~~ WOO <Il C ~ 8~~ .....9 ~ 1 ~ Q) oE; ~ W -gg~ m,S2 ~'ijj 5. u.h. E W <Il 0 ~ ~ ~ ~~:5 ~O.9 !!! Q).S ..,s", "'Oc8? W 0 <Il (l)Q>c 8::a Q) :t ~ g> c ~.O) <<".0 ~ Z ~ Z Ol C '0 'i' c o Ol Ol e .. e ~ .. ... c o t5 <Il 0; UJ C l!I 'S W c o <..l ~ ~ o .~ ~ <0 o .... ;;; o UJ 0.. :s: MEMORANDUM TO: Bill Hughes, Director of Public W orks/City Engineer FROM: PJ'I! Brad Buron, Maintenance Superintendent March 2, 2006 DATE: SUBJECT: Monthly Activity Report - February, 2006 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of February, 2006: I. SIGNS A. Total signs replaced ~ B. Total signs installed ---.2 c. Total signs repaired ---.2 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns ----1 III. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 8.243 ---..li IV. CATCH BASINS A. Total catch basins cleaned ----.ill V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement o VI. GRAFFITI REMOVAL A. B. Total locations ~ 4.995 Total S.F. VII. STENCILING A. 0 New and repainted legends B. 10.924 L.F. of new and repainted red curb and striping R:\MAINTAIN\MOAcrRPn05.06\FEBRUARY Also, City Maintenance staff responded to ~ service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to ~ service order requests for the month of January. 2006. The Maintenance Crew has also put in 79 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of Februarv. 2006 was $67,462.00 compared to $7.255.00 for the month of Januarv.2006. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 67,462.00 $ - 0- $ - 0- cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINTAIN\MOACTRP1\05.06\FEBRUARY '" <> <> i3 co C\l.c: e cfi 0). :::) """lD " J: "0 m;::;: ~ :2lD ~ -g .. ~.l!\\ - ;>. :t=CC EillD .g;t::"i (fJ.- .... " E 2l. _.c" '" " ~ ceno. '" ~I- CD -0:: oowlS 3:0..0<:' UWZIO ::::iD::<cg al>ffi" ::)!:::I-O:: o..;::z<t LLI--W 00<t> I-<t::!i.... ffi~t;;~ ::!iJ:W'" 1-1-0::- D:::zl-LL. <to'" fb::!i c II: f2:! tilXi o~ o o W ~I-'" Qi:wo ~~ffi :>::!iLL o o II: W ~ ::l a o II: s: I- ~ II: ~ 15 W 0.. o (.) 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O).!2;;! 0 ...o::;;! ;;:;;! :; a::.sa:q-. 0> g '" ~ '" ... .f: :g w (f.I(f.I~lli$:~I.2:E -a g .f:~ Z .9- c I- W ~ 13... .... >- 55$ O~2c:tg (f.I 0 ~O 0 ~ roO 0: .... ~O Clo ... <((,lo... 0 "''''... ... ......... 0::... C3 Ci5Cfj~~a::~~iBC5 ... STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of February, 2006 DATE ACCOUNT # 5402 Date: 02-28-06 # 5402 Date: 02-28-06 # 5402 Date: 02/06/06 STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK CITYWIDE APPLICATION OF PRE & POST EMERGENT HERBICIDES TOTAL COST CITYWIDE TRASH CLEAN-UP CITYWIDE TREE TRIMMING TRIM RIGHT -OF- WAY TREES TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 TOTAL COST -0- $ 67,462.00 - 0- TOTAL COST SIZE $ 11,055.00 $ 3,000.00 $ 24,037.00 R:\MAINTAIN\MOACfRPT\05.06\FEBRUARY CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MARCH, 2006 02/01/06 DIAZ ROAD NIO RANCHO CALIFORNIA ROAD A.C. OVERLAY 1,148 6.5 02/02/06 31072 CORTE ALAMAR R & R A.C. 515 8 02/07/06 OLD TOWN FRONT STREET I PUJOL A.C. OVERLAY 703 4.5 02/08/06 MARGARITA SIO PAUBA A.C. OVERLAY 930 4.5 02/09/06 MARGARITA SIO PAUBA AC. OVERLAY 1,220 4.5 02/13/06 RANCHO CALIFORNIA ROAD AT REISLING POTHOLE 2 TEMP AC 02/14/06 MARGARITA ROAD - PAUBA ROAD TO SANTIAGO A.C. OVERLAY 624 5 02/14/06 43164 CORTE CALANDA AC. OVERLAY 9 1 02/14/06 A VENIDA BARCA AT MARGARITA ROAD AC. OVERLAY 232 _1 02/16/06 AQUA VISTA AT AVENIDA ALVARADO A.C. OVERLAY 1,050 5.5 02/22/06 NICOLAS ROAD - JOSEPH ROAD TO CALLE MEDUSA AC. OVERLAY 783 6.5 02/23/06 A VENIDA ALVARADO A.C. OVERLAY 975 5 02/24/06 PAUBAAT VIA DELMONTE POTHOLE 6 TEMP AC 02/24/06 DIAZ ROAD POTHOLE 42 TEMP AC 02/27/06 BUTTERFIELD STAGE ROAD AT WOLF STORE ROAD POTHOLE 4 TEMP AC TOTAL S.F. OF REPAIRS 8.243 TOTAL TONS 15 R:\MAINTAINIWKCMPLTD\ASPHALT,RPR\05.06\MARCH CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF FEBRUARY, 2006 DATE 02/06/06 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS 02/09/06 AREA #2 CLEANED & CHECKED 19 CATCH BASINS 02113/06 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS 02114106 AREA #2 CLEANED & CHECKED 12 CATCH BASINS 02115/06 AREA #1 CLEANED & CHECKED IS CATCH BASINS 02/15/06 AREA #2 CLEANED & CHECKED 8 CATCH BASINS 02/16/06 AREA #2 CLEANED & CHECKED 27 CATCH BASINS 02/21106 AREA #2 CLEANED & CHECKED 12 CATCH BASINS 02/22/06 AREA #2 CLEANED & CHECKED 12 CATCH BASINS 02/23/06 AREA #1 CLEANED & CHECKED CATCH BASINS 02/27/06 CITYWIDE CLEANED & CHECKED 4 CATCH BASINS 02/27/06 CITYWIDE CLEANED & CHECKED 6 CATCH BASINS 02/28/06 CITYWIDE CLEANED & CHECKED 8 CATCH BASINS 02/28/06 AREAS #3 & #4 CLEANED & CHECKED IS CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED ----121 R:\MAlNTAIN\WKCMPLETD\CATCHBAS\05.06\FEBRUARY.06 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF FEBRUARY, 2006 02/01/06 RANCHO VISTA AT EMWD EASEMENT REMOVED 75 S.F. OF GRAFFITI 02/01/06 YNEZ BEHIND MICHAELS REMOVED 100 S.F. OF GRAFFITI 02/01/06 YNEZ AT TOWER PLAZA REMOVED 38 S.P. OF GRAFFITI 02/03/06 WINCHESTER AT 1-15 REMOVED 80 S.F. OF GRAFFITI 02/06/06 LOMA LINDA AT PECHANGA PARKWAY REMOVED 6 S.F. OF GRAFFITI 02/06/06 33145 HWY. 79 SO. REMOVED 4 S.P. OF GRAFFITI 02/07/06 2ND STREET AT MERCEDES REMOVED 250 S.F. OF GRAFFITI 02/08/06 PLAZA TOWER BEHIND BIG LOTS REMOVED 60 S.F. OF GRAFFITI 02/08/06 OVERLAND BRIDGE REMOVED 30 S.P. OF GRAFFITI 02/08/06 6TH STREET AT FELIX VALDEZ REMOVED 125 S.F. OF GRAFFITI 02/08/06 MAIN STREET AT PUJOL REMOVED 265 S.P. OF GRAFFITI 02/09/06 MARGARITA AT RANCHO VISTA REMOVED 16 S.F. OF GRAFFITI 02/09/06 REDHA WK PARKWAY AT PEPPERCORN REMOVED 20 S.F. OF GRAFFITI 02/13/06 NIB 1-15 AT 79 SO. REMOVED 580 S.P. OF GRAFFITI 02/13/06 79 SO. AT FRONT STREET REMOVED 80 S.P. OF GRAFFITI 02/13/06 MARGARITA AT PASEO BRILLANTE REMOVED 2 S,F. OF GRAFFITI 02/13/06 EMPIRE CREEK REMOVED 180 S.P. OF GRAFFITI 02/13/06 42228 STONEWOOD REMOVED 8 S.P. OF GRAFFITI 02/13/06 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 251 S.P. OF GRAFFITI 02/14/06 VIA NAY A AT MONTELEGRO WAY REMOVED 10 S.P. OF GRAFFITI 02/14/06 MEADOWS PARKWAY AT McCABE REMOVED 2 S.P. OF GRAFFITI 02/15/06 EMPIRE CREEK AT PALM PLAZA REMOVED 47 S.P. OF GRAFFITI 02/15/06 MIRA LOMA AT ELECTRICAL STATION REMOVED 342 S.P. OF GRAFFITI R;\MAINT AIN\WKCMPLTD\GRAFFITl\05.06\FEBRUARY.06 02/15/06 MARGARITA ROAD 100' S/O RANCHO CALIFORNIA RD. REMOVED 50 S.F. OF GRAFFITI 02/21/06 NO. GENERAL KEARNY AT NICOLAS REMOVED 268 S.F. OF GRAFFITI 02/21/06 28991 OLD TOWN FRONT REMOVED IS S.F. OF GRAFFITI 02/21/06 BUTTERFIELD STAGE AT CHANNEL STREET REMOVED 7 S.F. OF GRAFFITI 02/21/06 P ALA PARK CHANNEL REMOVED 95 S.F. OF GRAFFITI 02/22/06 GOLDS GYM REMOVED 110 S.F. OF GRAFFITI 02/22/06 SANTA GERTRUDIS CREEK AT MARGARITA REMOVED 1,320 S.F. OF GRAFFITI 02/24/06 CORTE RODRIGO AT SAN PASEO ESTEBAN REMOVED 50 S.F. OF GRAFFITI 02/27/06 FELIX VALDEZ AT 6TH REMOVED 185 S.F. OF GRAFFITI 02/27/06 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 180 S.F. OF GRAFFITI 02/27/06 TEMEKU DRIVE AT FIRESTONE REMOVED IS S.P. OF GRAFFITI 02/27/06 MIRA LOMA AT EDISON PLANT REMOVED 134 S.P. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 4.995 TOTAL LOCATIONS 35 R:\MAINTAIN\WKCMPLTD\GRAFATl\05.06\FEBRUAR Y.06 ~ << ~~ ~o u~ ~~ ~~ ~~ ~t= ~~ o~ ~~ ~~ ~\C u= = ~ II I I I I I I I I I I I I I I I I I I I I I I I 0 W c > o z ...- - - ...- II"' 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 ~m~mM~m~mM~m~mM~m~mM~m~mM~ m~~~~~MMMMMNNNNN~~~~~ . '" '" 00 '" IZl ...:i ...:i -l ::J ..., W Z ::J ..., ~ :; l- LL CJ en + I- en o o + ~ ~ . u C [ ~ 9 " ~ < . u C [ < " 2 ~ " 9 z " e z ~ -l ii: n. <l: II: <l: :; m w lL Z <l: ..., \D \00 00 .. 0 Q'l0 .... trl . .... '" 0 .Q'I '" ('.1 ....00 ,.... '" ~.~ '" Q'I ;! ! r- 01 N\Q "> '" \O.t- ~.c0 :-::t:,.......; ~...-&'7 r.l ~" 23~ 0'0 ",0 "" - "> 0"> \00\ \O~.--i - l-o l-o.1-< >.. ..0 01).<1) ';>-.l-c.D l-o..c.o ~g.c:t;:;<S,] 5S 213 ,~~ ~~ >-.6ba8 ~8 ro O'~',o.."'=::1 :::l '3 :::l.oU 0,0 ,...,lL'<;~'<;""''''''~CIlOZQ '-< '-< '-< >> (1) 11) <l) >.H ' .0 k.o.o ,~ ~..c: , ,',~ s 15 s 8 g.E~.F '~'g >>51 a B ~ ~ roo~o...~ ::1'3 ;:I Q) U 0,,01) ""'lL'<;~'<;""''''''~CIlOZQ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF FEBRUARY, 2006 02/09/06 CALLE REDONDELA TRIMMED 2 R.O.W. TREES TOTALR.O.W. TREES TRIMMED ....1 R:\MAINT AIN\WRKCOMPLTD\TREES\OS.06\FEBRUARY.06 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF FEBRUARY, 2006 ...... ~~t~iJjlli'lJCi't' it';'~ft n;i!iei)'~i!~'? ........ .;..;... DATE I' iC'!! .il 'P1\.TEWORK REC'D Ie COMPLETED ... \! . ..... ' .......... ;C> .1 02/02/06 44942 CAMINO ALAMOSA TREE CONCERN 02/02/06 02/02/06 41915 BUSINESS PARK DRIVE TREE DOWN 02/02/06 02/02/06 44942 CAMINO ALAMOSA IRRIGATION REPAIR 02/02/06 02/03/06 PALOMA DEL SOL AREA OIL SPILL 02/03/06 02/03/06 30812 CALVADO COURT ROOT PRUNING 02/03/06 02/03/06 MARGARITA AT LA SERENA CABLE WIRE DOWN 02/03/06 02/06/06 31280 CORTE ALHAMBRA BEES 02/06/06 02/06/06 29799 WINDWOOD CIRCLE TREE TRIMMING 02/06/06 02/07/06 41245 PROMENADE CHARDONNAY SIDEWALK LIFTING 02/07/06 02/07/06 MOONTIDE SIGN MISSING 02/07/06 I 02/07/06 LA SERENA DEBRIS REMOVAL 02/07/06 02/08/06 YUKON AT DANUBE SIGN DOWN 02/08/06 02/09/06 40250 STARLING STREET DRIVEWAY CLEANED 02/13/06 02/09/06 42947 CORTE CABELLO TREE TRIM 02/13/06 02/1 0/06 CAMINO CARUNA HYDRAULIC FLUID 02/13/06 02/1 0/06 41826 CORTE LARA STREET CRACKS 02/13/06 02/1 0/06 28046 DEL RIO ROAD DEBRIS 02/10/06 02/1 0/06 41640 A VENIDA DE LA REINA TREE 02/17/06 02/13/06 LOMALINDA DEBRIS 02/13/06 02/14/06 43164 CORTE CALANDA SINKHOLE 02/14/06 02/14/06 31200 LAHONTAN STREET NAME SIGN 02/14/06 02/14/06 YUKON AT DANUBE SIGN DOWN 02/14/06 02/14/06 PECHANGA PARKWAY SIGN 02/15/06 02/15/06 SIERRA BONITA ASPHALT REPAIR 02/15/06 02/15/06 LA SERENA DEBRIS 02/23/06 R:\MAlNTAIN\WRKCOMPLTD\SORSI05.06\FEBRUARY.Q6 DATE .......<0;~n<0<i(<ii..ij!>!i...>.............ii><< Ii.> DATE WORK REC'D c ,-iD\>>>! ....... >i;..> ........>... COMPLETED i> ...................\\ .\ 02/16/06 32628 LEENA WAY STREET NAME SIGN 02/21/06 02/17/06 30475 DEL REY ROAD AC REPAIR 02121106 02/17/06 DEL REY AT SOLANA SIGN 02/21106 02/21/06 NICOLAS ROAp - CALLE MEDUSA TO JOSEPH POTHOLES 02/21106 02/21/06 LIEFER ROAD ROAD GRADING 02121106 02/22/06 PAUBA ROAD - MARAGARITA ROAD TO MEADOWS SINKHOLE 02/22/06 02/22/06 NICOLAS ROAD AT WINCHESTER ROAD CELL PHONE 02/22106 02/23/06 LIEFER ROAD DIRT ROAD GRADING 02/24106 02/24/06 SO. GENERAL KEARNY E/O LA SERENA DEBRIS 02/27/06 . . . . TOTAL SERVICE ORDER REQUESTS 34 . R:\MAINTAIN\WRKCOMPLTD\SORSI05.06\FEBRUARY.06 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF FEBRUARY, 2006 02/01/06 REDHAWKPARKWAY AND VAIL RANCH ROAD REPLACED R2-50 02102/06 PECHANGA AT PALA STREET REPLACED S.N.S. 02/02/06 PECHANGA S/O HWY. 79 SO. REPLACED WI-7, R-26 02102/06 REDHA WK PARKWAY AT EASTRIDGE REPLACED R4-7 02/02/06 V AIL RANCH PKWY. AT CAMINO PIEDRO ROJO REPLACED R-I-4 02/02/06 REDHAWKPARKWAY AT VAIL RANCH PKWY. REPLACED R4-7 02/02106 REDHAWKPARKWAY ATPASEOPARALLON REPLACED R-l 02/03/06 OVERLAND AT COSTCO REPLACED R4-7 02/03/06 WYANDOTTE AT ROYAL CREST INSTALLED N14-1, R-26 02/03/06 SOLANA AT MARGARITA REPLACED R-26 02/07/06 MARGARITA AT HARVESTON REPLACED W41 02/07/06 CAMPANULA E/O MEADOWS INSTALLED W3-1 02/08/06 DE PORTOLA AT MARGARITA REPLACED W3-3 02/08106 REDHA WK AREA REPLACED 2 WI-7, 2 TYPE "N" 02/08/06 MOONTIDE AT SOUTHERN CROSS REPLACED W-31 02/08106 YUKON AT DANUBE REPLACED R-26 02/09/06 DE PORTOLA AT MEADOWS & CAMPANULA REPLACED 2S.N.S. 02109/06 DE PORTOLA AT PIO PICO REPLACED R-26 02/09/06 DE PORTOLA AT VILLA DEL SUR REPLACED R-2-45 02109/06 MARGARITA AT RAMSEY REPLACED R-26 02/09/06 RANCHO VISTA AT MIRA LOMA REPLACED R4-7, TYPE "K" 02/09/06 DE PORTOLA AT BUTTERFIELD REPLACED R-18-1, 4 DELINEATORS 02/09/06 MARGARITA MIDDLE SCHOOL REPLACED TYPE "K' R:\MAlNTAIN\WKCMPLTD\SIGNS\.05.06\FEBRUARY.06 >/' iY'YX" ' IJAr~/ Sf!??? : {/', ,,/t 02/10/06 RANCHO VISTA AT MARGARITA REPAIR 5 SIGNS 02/13/06 REDHAWKPARKWAY REPLACE I SIGN 02/14/06 PEPPERCORN S/O REDHA WK REPLACE 1 SIGN 02/14/06 79 SO. AT FRONT STREET REPLACE 1 SIGN 02/14/06 REDHA WK 25' N/O TEHACHAPI REPLACE 1 SKiN 02/14/06 LAHONTAN STREET AT KIMO STREET REPAIR 2 SIGNS 02/14/06 REDHA WK PKWY. AT CALLE LOS MOCHIS INSTALL 1 SIGN 02/15/06 A VENlDA DEL SAN PASQUALE AT GRANVILLE REPLACE 1 SIGN 02/15/06 WINCHESTER AT WILLOWS REPLACE 4 SIGNS 02/15/06 AREA #5 REPLACE 3 SIGNS 02/15/06 RANCHO CALIFORNIA RD. 200' W/O MARGARITA REPLACE 1 SIGN 02/16/06 AREA #5 REPLACE 15 SIGNS 02/21/06 AREA #5 REPLACE 1 SIGN , 02/21/06 AREA #5 REPAIRED 2 SIGNS 02/21/06 AREA #5 INSTALL 1 SIGN 02/22/06 AREA #5 REPLACE 13 SIGNS 02/23/06 OLD.TOWN FRONT AT MAIN STREET INSTALL 1 SIGN 02/23/06 DE PORTOLA AT SABINO INSTALL 1 SIGN 02/23/06 AREA #5 REPLACE 3 SIGNS 02/28/06 PAUBAATVIADEANDA REPLACE 1 SIGN 02/28/06 REDHAWKPARKWAY AT VIA TIOGA INSTALL 2 SIGNS , TOTAL SIGNS REPLACED -1l! , TOTAL SIGNS INSTALLED ---2 TOTAL SIGNS REPAIRED 9 R:\MAINTAIN\WKCMPLTD\SIGN$\.05.06\FEBRUARY.06 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS 1 STRIPING MONTH OF FEBRUARY, 2006 . iiiiiiiii.iyJ_i..i.... iii' .. DATE iYi' 02/02/06 AREA #2 REPAINTED 1,268 L.F. RED CURB 02/08/06 AREA #2 REPAINTED 1,985 L.F. RED CURB 02/09/06 AREA #2 REPAINTED 870 L.F. RED CURB 02/1 0/06 AREA #2 REPAINTED 261 L.F. WHITE CURB 02/16/06 AREA #2 REPAINTED 5,584 L.F. RED CURB 02/23/06 AREA #2 REPAINTED 876 L.F. RED CURB 02/24/06 41840 ENTERPRISE CIRCLE INSTALL 80 L.F, RED CURB . . TOTAL NEW & REPAINTED LEGENDS -0- NEW & REPAINTED RED CURB & STRIPING L.F. 10,924 R:\MAINTAIN\WRKCOMPLTD\STRIPING\05.06\FEBRUARY.06