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092397 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909} 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGFNDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 23, 1997- 7:00 PM 5:30 PM - Closed Session of the City Council pursuant to Government Code Sectionsi 1, §54956.9(a}, Conference With Legal Counsel - Existing Litigation, City of Temecula v, r~Abr~ 2. §54956.9(c), Conference with Legal Counsel - Potential Litigation, two matters. 3. §54956.8, Real Property negotiations regarding Non-Disturbance and Attornment Agreement between Agency, McDonald's Corporation and Dual Development for leasehold property at Sixth and Front Street. Under consideration: terms of the agreement. 4 §54956.9(a), Potential Utigation, Zonos v. City of Temecula, 5.§54956.8, Conference with Real Property Negotiator; Property: 26631 Ynez Rd; Negotiating Parties: City of Temecula and Toyota of Temecula; Under negotiation: Terms and conditions of development agreement. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM 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 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Mayor Patricia H. Birdsall presiding Cathy Lamoureux Pastor Tim Buttrey Councilmember Stone Ford, Lindemans, Roberts, Stone, Birdsall Next in Order: Ordinance: No. 97-17 Resolution: No. 97-100 R:~da\082697 I PRESENTATIONS/ PROCLAMATIONS Domestic Violence Awareness Week - Proclamation Awards of Valor - Mark Christensen, Gary Benson and Stephen Mcintosh WRCOG Presentation - Electric Restructuring PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can 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 before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 26, 1997. 2.2 Approve the minutes of September 9, 1997. R:\Agenda~082697 2 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Accept Substitute Faithful Performance Securities for Parcel Maps No. 21 797 and 23822 (Located on the Easterly side of Front Street Northerly of Rancho California Road) RECOMMENDATION: 4.1 Accept the substitute Faithful Performance Securities for minor Public Improvements in Parcel Maps No. 21797 and 23822; 4.2 Authorize the release of the Faithful Performance Bonds; 4.3 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, Developer and Surety. Accept Subdivision Improvements in Tract No. 24133-1 (Located at the Northwesterly corner of Meadows Parkway at Leena Way) RECOMMENDATION: 5.1 Accept the public improvements in Tract No. 24133-1; 5.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities; 5.3 Direct the City Clerk to so advise the Developer and Surety. R:\Agenda\082697 3 8 Acceptance of Public Streets into the City-Maintained Street System (Within Tracts No. 24133-1,4 and F) (Located Northerly of the intersection of Montelegro Way at Pio Pico Road) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 24131-1, 4, AND F! Accept Subdivision Improvements in Tract No. 24133-4 (Located at the Northwesterly corner of Meadows Parkway at Leena Way) RECOMMENDATION: 7.1 Accept the public improvements in Tract No. 24133-4; 7.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities; 7.3 Direct the City Clerk to so advise the Developer and Surety. Accept Subdivision Improvements in Tract No. 24133-F (Located at the Northwesterly corner of Meadows Parkway at Leena Way) RECOMMENDATION: 8.1 Accept the public improvements in Tract No. 24133-F; 8.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer Security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities; 8.3 Direct the City Clerk to so advise the Developer and Surety. R:\Agenda\082697 4 9 10 11 Accept Substitute Warranty Bond in Tract No. 24134-2 (Located at the Southeasterly corner of Pauba Road at Margarita Road) RECOMMENDATION: 9.1 Accept the substitute Faithful Performance Warranty Bond for Public Improvements in Tract No. 24134-2; 9.2 Authorize the release of the Faithful Performance Warranty Bond on file; 9.3 Direct the City Clerk to so advise the Developer and Sureties. Parcel Map No. 28544 (Located on the North side of Rancho California Road between Moraga Road and Lyndie Lane) RECOMMENDATION: 10.1 Approve Parcel Map No. 28544 in conformance with the Conditions of Approval. "All- Way Stop" at Corte Mendoza at Camino Romo and "No Parking" Zone on the East side of Camino Romo, South of Corte Mendoza RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "STOP" LOCATION ON CORTE MENDOZA AT CAMINO ROMO 11.2 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE EAST SIDE OF CAMINO ROMO SOUTH OF CORTE MENDOZA R:\Agenda\082697 5 12 13 14 Award of Professional Services Agreement to BI Tran System, Inc. for the Design of a Communication Software and Purchase of Computer Equipment for Implementation of the Citywide Intelligent Traffic Management System, Project No. PW95-16 RECOMMENDATION: 12.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and BI Tran System, Inc. for the design of a communication software and purchase of computer equipment for implementation of the Citywide Intelligent Traffic Management System (ITMS), Project No. PW95-16, for an amount not to exceed $85,000.00 12.2 Advance funds in the amount of $85,000.00 from Development Impact Fees to the Capital Improvement Project Fund. 12.3 Appropriate $10,277.00 from Capital Project Reserves. Professional Services Agreement - City of Temecula and Riverside County Flood Control and Water Conservation District Mowing of Murrieta Creek RECOMMENDATION: 13.1 Approve the Professional Services Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District for mowing of the privately owned portions of Murrieta Creek within the City of Temecula. Professional Services Agreement with Parsons Brinckerhoff Quade and Douglas, Inc. for the Southbound Exit Ramp Widening at 1-1§/Winchester Road, Project No. PW97-03 RECOMMENDATION: 14.1 Approve the Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quade and Douglas, Inc. for the design of the Southbound Exit Ramp Widening at I-15/Winchester Road, Project No. PW97-03, for $109,738, and authorize the Mayor to execute the contract; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,974.00 which is equal to 10% of the contract amount. R:\Agenda\082697 6 15 Amendment No. 1 to the "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21 )" dated February 11, 1997 RECOMMENDATION: 15.1 Approve Amendment No. 1 to the Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21 ); 15.2 Authorize the Mayor to execute Amendment No. 1 to the Cooperative Agreement on behalf of the City in substantially the form attached to the Agenda Report. 16 Purchase of City Vehicles RECOMMENDATION: 16.1 Approve the purchase of two (2) 1998 Chevy S-10 extended cab pick-up trucks from Paradise Chevrolet, Temecula, California, in the amount of $34,592.06. 17 Donation to the Diana, Princess of Wales Memorial Fund RECOMMENDATION: 17.1 Approve the expenditure of $100 for donation to the Diana, Princess of Wales Memorial Fund. 18 Professional Service Agreements Related to Community Facilities District (CFD) No. 88-12 (Ynez Corridor) 1997 Series Bonds RECOMMENDATION: 18.1 Approve and authorize the Mayor to sign an agreement with Bruce W. Hull & Associates, Inc. For an appraisal of certain properties within CFD 88-12 for an amount not to exceed $25,000; 18.2 Approve and authorize the Mayor to sign an agreement with Fieldman, Rolapp and Associates to serve as financial advisor on the CFD 88-12 bond financing in an amount not to exceed $51,000. R:\Agenda\082697 7 19 20 Second Reading of Ordinance No. 97-16, Nightime Curfew for Minors RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 97-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE Final Reading of Ordinance No. 97-13, Amending PERS Contract RECOMMENDATION: 20.1 Adopt an ordinance entitled: ORDINANCE NO. 97-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING AND THE TEMECULA REDEVELOPMENT AGENCY MEETING R:\Agenda\082697 8 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 97-01 Resolution: No. CSD 97-14 CALL TO ORDER: Birdsall, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can 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 desire to speak to the Board of Directors on an item not listed 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 before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk.. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR' 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 1997. 1.2 Approve the minutes of September 9, 1997. R:\Agenda~082697 9 DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGER'S REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: October 7, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\082697 10 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA97-01 Resolution: No. RDA 97-07 CALL TO ORDER: Chairperson Steven J. Ford presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemarts, Roberts, Stone. Ford PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can 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 desire to speak to the Agency on an item not listed 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 before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 1997. 1.2 Approve the minutes of September 9, 1997. 2 Non-Disturbance and Attornment Agreement with McDonalds Corporation (Temecula Shuttle - Sixth and Front Streets) RECOMMENDATION: 2.1 Approve the Non-Disturbance and Attornment Agreement by and between the Redevelopment Agency and McDonalds Corporation in substantially the form attached to this Report. 2.2 Authorize the City Clerk to record the agreement. R:\Agenda\082697 11 3 Approval of Amendment No. 1 to the "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" dated February 11, 1997 RECOMMENDATION: 3.1 Approve Amendment No. 1 to the "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 1 5, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)"; 3.2 Authorize the Chairperson to execute Amendment No. 1 to the Cooperative Agreement on behalf of the RDA in substantially the form attached to the Agenda Report; 3.3 Authorize the transfer of $120,712 from the Winchester Interchange Project to the Southbound Exit Ramp Widening at I-15/Winchester Road, Project No. PW97-03, as well as authorize the expenditure for future project costs incurred as approved by the City or Agency. DEPARTMENTAL REPORT REDEVELOPMENT DIRECTOR'S REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: October 7, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\082697 12 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS 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 hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 21 Development Code Amendment No. 3, Planning Application No. PA97-0036 RECOMMENDATION: 21.1 Approve a Categorical Exemption pursuant to Section 15061(b)(c) of the California Environmental Quality Act Guidelines. 21.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, CHANGE PUBLIC HEARING REQUIREMENTS FOR CONDITIONAL USE PERMITS, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTORCYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF- STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036) R:\Agenda\082697 13 COUNCIL BUSINESS 22 Abandonment Regarding Remainder, First Street Realignment and Extension Project, Gabriel Property Located at First and Front Streets RECOMMENDATION: 22.1 Review the evidence and any other evidence presented to Council at the hearing on this Resolution. If the City Council finds, that the evidence warrants the City abandoning that portion of the pending eminent domain proceeding to acquire certain portions of the Gabriel property which were previously identified as "uneconomic remnants" and which have now been determined by the City's appraiser to have market value, adopt Resolution no. 97-(next in order) authorizing and directing the City Attorney to take all steps necessary to abandon that portion of the pending condemnation action pertaining to the remainder properties. RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THE PORTION OF THE PENDING CONDEMNATION ACTION, CITY OF TEMECULA V. GABRIEL, ET AL., RCSC CASE NO. 290954, SEEKING TO CONDEMN CERTAIN PARTS OF THE GABRIEL PROPERTY AS "UNECONOMIC REMNANTS" SHOULD BE ABANDONED 22.2 Authorize the City Attorney to take all steps necessary to implement Resolution. NOTE: This resolution requires a four-fifths (4/)5) vote of the City Council. 23 Proposed Resolution of Necessity for Slope Easement and Temporary Construction Easement, First Street Realignment and Extension Project, Gabriel Property RECOMMENDATION: Staff recommends that if the City Council has adopted Resolution No. 97-(next in order 23.1 Open a hearing on the adoption of the proposed Resolution of Necessity, Resolution No. 97-(next in order), receive from staff the evidence stated and referred to herein, take testimony from the property owner or the owner's representative on issues A, B, C, D as set forth below, and consider all the evidence. 23.2 If the City Council finds, based on its consideration of the evidence contained in this staff report, the testimony and comments received during the planning and review process, all other evidence presented at the hearing or referred to herein, that the evidence warrants the necessary findings, Staff recommends that the City Council adopt the proposed Resolution of Necessity and authorize and direct the City Attorney to take all steps necessary to amend the pending eminent domain proceeding or take whatever other steps are necessary to acquire the subject property interests as provided in the Eminent Domain Code: R:\Agenda\082697 14 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION) NOTE: This resolution requires a four-fifths (4/5) vote of the City Council. 24 Ordinance Amending Municipal Code Regarding Prima Facie Speed Limits on Certain Streets RECOMMENDATION: 24.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TE~ECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1) PIO PICO ROAD BETWEEN DE PORTOLA ROAD AND MARGARITA ROAD, 2) PREECE LANE SOUTH OF YNEZ ROAD, 3) DEL RIO ROAD BETWEEN FRONT STREET AND VIA MONTEZUMA, 4) WALCOTT CORRIDOR BETWEEN LA SERENA WAY AND NICOLAS ROAD 25 Recreational Vehicle Storage in Residential Zones RECOMMENDATION: 25.1 Provide direction to staff. 26 City Council Meeting Schedule - October, November and December 1997 RECOMMENDATION: 26.1 Direct the City Clerk to cancel and/or re-schedule meetings in October, November and December, 1997, and to perform the appropriate posting and noticing requirements of the Government Code. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: October 7, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\082697 15 PROCLAMATIONS/ PRESENTATIONS The City of Temecula PROCL TION WHEREAS, domestic violence in America has reached epidemic levels as statistically one woman is barred every seven to nine seconds in the country, and with more than 200 domestic violence calls answered by police in the Temecula-Murrieta area last year alone; and WHEREAS, studies indicate that each year domestic violence results in more than 100,000 days of hospitalization, uncounted numbers of emergency room visits, and other medical care exceeding $100 million in costs to society; and WHEREAS, studies of domestic violence indicate a 75 percent correlation rate be~een domestic violence and child abuse, and a large percentage of children raised in violent households grow up to replicate the behavior they learned in the home; and WHEREAS, Adternative~ to Domestic Violence in Ri. erside County (ADV), began in 1977 by establishin~ safe houses, and whose mission is to "improve the quality of life and create hope by ending the cycle of domestic violence through services and education"; and WHEREAS, the Southwest Advisory Co.~.nittee of ADV has recently established a full-time outreach office in Temecula to bel~ victim~ of domestic violence and educate the com.nunity about the ~,roblem; NOW, THEREFORE, I, Patricia H. Birdsall, on behalf of the City Council of the City of Temecula, hereby proclaim the week of Ocfober lSth, 1997, to be and that the observance be symbolized by the dis0lay and wearing of purple ribbons. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 23rd day of Sectember, 1997. · L~ Patricia H. Bird~11, Mayor Sun. Breck, CMC, CityCAdrk Date: September 4, 1997 To: Honorable Mayor and Councilmembers From: John Jaquess, Manager, Special Projects WRCOG Subject: Electric Restructuring Presentation We have requested the opportunity to appear before you to bring you up to date on the status of the electric restructuring issue and a recommended action plan prepared by a joint WRCOG/SANBAG Electric Restructuring Task Force. A list of Task Force members is provided for your reference. This effort was initiated in response to AB1890 which was signed into law in late 1996 after unanimous approval by the State Legislature. The Law authorized the restructuring of the electric industry by opening power generation, metering and billing to competition. Attached is an Executive Summary of a white paper which was prepared under the direction of the Task Force. The paper evaluated a number of options that local governments could take in response to AB1890 including an analysis of the pros and cons of aggregation. The primary conclusion is that an aggregation of the WRCOG/SANBAG local government agencies into a power purchasing pool would be an appropriate action. This would provide the participating agencies the greatest opportunity for achieving real savings through reduced electric bills. The paper includes a series of recommendations to implement this conclusion. In addition to aggregation, these recommendations include the formation of the appropriate administrative and decision-making authority, extending an invitation to all local government agencies in the WRCOG/SANBAG subregion to join the power purchasing pool, adopting the proposed schedule and budget, and implementing an equitable cost sharing structure. A survey of approximately two hundred local government agencies was accomplished to determine the level of interest in a potential power purchasing pool. As of August 28, 1997, a total of 86 agencies had responded. Seventy-seven indicated interest in pursuing the issue further. Of those, twenty-four are interested in participating in a working group on the subject. Those responding favorably include counties, cities, school and special districts, water agencies, a military base, and a homeowners owners association. This level of response represents a total electricity expenditure for 1996/97 of $63,935,143. Recommendation: Concur in the concept of aggregating local agencies into a power purchasing pool an support the recommendations of the Task Force as listed in the attached Executive Summary This Report Was Prepared Under The Direction Of The Joint WRCOG/SANBAG Electric Restructuring Task Force The following is a listing of the members of the joint task force and the jurisdiction they represented: JeffButzlaff, City Manager, Task Force Chair Gene Bourbonnais, Councilmember Pat Williams, Councilmember Virginia Wyatt Denney, Mayor Pro Tern Alan Kapanicas, City Manager Laura Manchester, Assistant To The City Manager Michele Hatzl, Management Analyst Norm King, Executive Director Bill Mellen, Mayor Pro Tem Deirdre Bennett, Councilmember Kindred Pederserg Administrative Analyst Gerald Katz., Electric Department Tom Perry, City Manager Ken Hubler, Senior Administrative Assistant Jeff Bloom, Community Development Director Pamela Easter, Public Affairs Manager Jim King, District Manager City of Canyon Lake City of Canyon Lake City of San Jacinto City of Perds Cities of BeaumonffCalimesa City of Corona City of Moreno Valley SANBAG City of Big Bear Lake City of Colton San Bernardino County City of Colton City of Needles City of Hesperia City of Upland Southern California Edison The Gas Company ELECTRIC UTILITY RESTRUCTURING Options For The Future EXECUTIVE SUMMARY INTRODUCTION The purpose and intent of this summary is to provide a brief overview, options, and recommendations for how the municipalities and local governments can effectively position themselves to take advantage of the opportunities available in the restructuring of the electric utility industry. The restructure of the electric utility industry is a complex subject. It has been the subject of countless hours of study, analysis, and actions by the Federal, State and local governments. AB 1890 was enacted by the State Legislature to authorize restructuring of the electric industry in California. Efforts are continuing today by the California Public Utilities Commission and the investor owned utilities to iron out the final details of all the implementing steps and actions. The purpose of this summary is to focus on those factors that will influence whether municipalities and local agencies will elect to take action in the immediate future to pursue electric restructuring opportunities. The material and recommendations presented herein has been prepared under the direction and guidance of a joint WRCOG/SANBAG Electric Restructuring Task Force made up of elected representatives, city managers and high level management staff from several agencies. BACKGROUND January 1, 1998 begins the four year transition period legislated by AB 1890 by which the electric utility industry will begin moving from vertically integrated market structure to as more competitive market structure. The vertically integrated electric ufdity that currently provides generation, transmission, and distribution services will no longer have the monopolistic advantage of providing all three services. The transmission and distribution services will remain with the Investor Owned Utility (IOU), while the generation (energy) portion of the industry will be opened to the competitive market place. Small commercial and residential customers will receive a 10% reduction in their electric bills on January 1, 1998. Rates for industrial, agricultural, and large commercial customers will remain frozen at their June, 1996 levels until the IOU's recover their stranded investments.1 These are targeted to be recovered by December 31, 2001. During this four year transition period a significant portion of the electricity bills will be used to pay the accelerated depreciation of the IOU's generation assets that are not competitive in the new industry structure. This will be in the form of a Competition Transition Charge (CTC). The CTC will ~Stranded investment - uneconomic generation costs which have not undergone market valuation, employee costs and above-market energy contract costs. be approximately 25% to 40% of the total electric bill during the transition period and should drop to less than 10% early in the year 2002. The transmission and distribution portion of the electric bill will remain regulated by the Federal Energy Regulatory Commission (FERC) and the California Public Utilities Commission (CPUC). The transmission and distribution portion of the bill represents approximately 30% to 35% of the total bill. The opportunity for savings is only in the energy (generation), billing, and metering portions of the electric bill. Billing and meteting are a very small amount in the overall bill, but can represent an area for potential savings. The energy (generation) portion currently represents 25% to 30% of the total electric bill and is the area in which savings can be gained by aggregating loads. OPTIONS There are several options available to municipalities and local agencies in considering a response to electric restructuring. While there are numerous opportunities for potential action and many of these are interactive, there are three distinct options that are discussed here. Do Nothing The first option is to "do nothing" which means that one chooses to stay with the current energy provider Southern California Edison (SCE). However, this option should only be considered after one has very clearly reviewed and studied the other options and makes an informed choice to stay with SCE. The downside of this option is that there is no opportunity for savings through"doing nothing". Aggregation The second option is to form a power pool through aggregating. Aggregation is defined as "any marketer, broker, public agency, city, county, or special district that combines the loads of multiple end use customers in facilitating the sale and purchase of electric energy, and other services on behalf of these customers". Aggregations can be formed in many different forms: · Aggregating only municipal loads · Aggregating large loads (20 kW and larger) · Aggregating all loads including residential · Aggregating multiple organizations or joining an existing aggregation The premise behind aggregation is to increase the buying power and leverage in negotiating energy costs, transmission access, meteting, billing, and energy services to reduce the cost of electricity for the end user. Aggregation can increase the buying power of the end users by taking advantage of differing load profiles to build a flatter profile, which from the experience of other aggregations, commands the best energy prices. Metering, billing and energy services costs can also be reduced through the economies of scale provided by aggregation. 2 Aggregations can be a city, county, or special district aggregating their own loads, or multiple agencies such as the Association of Bay Area Governments (ABAG) power pool. The San Diego Association of Governments (SANDAG) is another example of several local agencies choosing to work together on an aggregation program to maximize their purchasing power. The last and most expensive option is creating a municipal utility. A major diference between a municipal utility and an aggregation is the municipal utility has a defined territory whereas an aggregation does not. Additionally, municipal utilities own their own distribution systems and aggregations depend on the Utility Distribution Company to provide distribution services. Forming a municipal utility would require significant up front investment to acquire the existing electric distribution system from SCE at fair market value. It would also require obtaining a qualified staff and the necessary equipment to operate as a utility and provide customer service including connections, disconnections, metering, and billing. CONCLUSION Aggregation is clearly the most cost effective choice for municipalities and local agencies to take advantage of the opportunities in the electricity utility restructure. The reasons aggregation is the most viable option are: · Most cost effective way to gain savings because of the minimal up front costs and ability to gain savings on the energy (generation) portion of the bill. · Flexible approaches to achieving varied goals through choosing options of full service providers, bidding individual components, varied portfolio strategies, and purchasing from specific types of energy providers such as renewable power. · Can determine the level of risk desired through the power portfolio, structure of organization, and type of energy provider. · Experience from other aggregations suggests that there is a 5% savings to be gained from aggregating. The most viable and desirable option for municipalities and local agencies to take is to join and support the WRCOG/SANBAG effort in forming a power pool, both from the point of view of initial and on-going costs, as well as in providing the size and diversity of loads needed to leverage the least cost energy prices in the marketplace. Sharing of costs with other municipalities and local agencies, possibly including both counties, dries, special districts, water districts, school districts, and military installations would lessen up front individual costs to establish a power pool; hire technical consultants; produce, distribute, and analyze a request for proposals; staff coordination; and legal counsel for setting up the legal aggregation structure SCHEDULE There are a number of steps and actions that must be taken to establish a power pool aggregation. These include: Forming and establishing the appropriate legal entity for administration and decision making to administer a regional power pool and inviting municipalities and local agencies to participate. Collecting the data requked to enable a complete and accurate request for proposals to be prepared. Preparing and distributing a Request for Proposals to energy providers and selecting the preferred energy provider(s). Entering into a contract with the energy provider and finalizing participation agreements with the participating members. It is projected that this process will take approximately nine (9) months to complete. This assumes a decision point at the end of the organizational/data collection phase, prior to preparing and issuing the request for proposals for energy generation and related services. It also assumes that all activities proceed in a timely manner. BUDGET The overall budget for the project is $150,000. A cost sharing formula has been recommended to equitably distribute this cost across the project participants based on the amount of money currently being spent on electricity. It is anticipated that all participants will receive their initial investment back within one to two months after implementation of a contract with an energy provider. This is based on the estimated savings that such a contract will achieve. RECOMMENDATIONS The following recommendations are included: Aggregate the municipal and local government loads in Western Riverside and San Bernardino Counties. Form a legal entity for administration and decision-making to administer a regional power pool. Invite interested public agencies to participate. Adopt the schedule and establish a budget for implementation of the project. Establish and implement an appropriate cost sharing structure. 4 ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 26, 1997 EXECUTIVE SESSION A meeting of the Temecula City Council was called to order at 6:00 P.M. The meeting was immediately adjourned to Executive Session pursuant to Government Code Sections: 1. §54956.8, Conference with Real Property Negotiator; Acquisition of property identified as APN 922-062-0107 for Affordable Housing; Negotiating Parties: Robert McKenzie and Robert Thatcher; Under negotiation: price and terms of payment for acquisition. 2. §54956.9(a), Conference with City's Legal Counsel, Existing Litigation, Outdoor Media Grou0 v. City of Temecuta. The Executive Session was adjourned at 7:02 P.M. A regular meeting of the Temecula City Council was called to order at 7:03 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. ROLL CALL Present: Absent: 5 Councilmembers: Ford, Lindemans, Roberts, Stone, Birdsall 0 Councilmembers: None Also present were City Manager Bradley, City Attorney Thorson, and City Clerk Greek. PRELUDE MUSIC The prelude music was provided by Jordan Bellino. INVOCATION The invocation was given by Councilman Linderoans. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mr. Jeff Loefke. PRESENTATIONS/PROCLAMATIONS Mayor Birdsall commended and congratulated the Scout Master, Assistant Scout Masters, and Boy Scouts on receiving $couting's third highest honor -- The Medal of Merit -- with Mayor Pro Minutes\082697 -1 - Tem Roberts presenting a Special Achievement Award to the following individuals: Wayne B. Slater Kern Murray Sean McClintock Eric Ruggles Michael Jenkins Robert Slater Kevin McClintock On behalf of Boy Scouts of America, Mr. Dennis Gallagher, District Chairman; Mr. Donald Jenkins, Committee Commissioner; and Mr. Jeff Loefke, District Commissioner, commended the above-mentioned individuals on their unselfish acts and presented medals and certificates. Commenting on the first-year's success of the Problem Oriented Policing (POP) Team, Assistant City Manager McLarney introduced and recognized the City's first POP Team -- Officer Haar and Officer Teyechea, advising that the Officers will be rotated in order to give other Officers an opportunity to serve on this team. At this time, a five-minute video was shown, highlighting the accomplishments of this team and expressing great appreciation for their efforts. Mayor Birdsall extended great appreciation to the Officers of this team. Mayor Birdsall recognized and congratulated Mr. Ennior Racinell {Endar Corporation) for his achievement on receiving the Inland Empire Entrepreneur of the Year Award. Mayor Pro Tern Roberts presented a Certificate of Appreciation to Mr. Racinell. At 7:28 P.M., Mayor Birdsall called a short recess and reconvened the meeting at 7:39 P.M. City Attorney Thorson advised that during Closed Session the City Council had directed him with regard to Litigation matter and Real Property matter, noting that no final action was taken and that the Real Property matter would be considered for approval under Consent Calendar. PUBLIC COMMENTS In response to Ms. Pepper Calvert, 43114 Corte Villa, Temecula, City Manager Bradley provided an update and progress report with regard to the Old Town Entertainment Project. Mr. Kenneth Ray, 3461 Pio Pico, Temecula, apprised the Councilmembers of the traffic impact at Chaparral High School as a result of heavy grading equipment crossing Margarita Road Minutes\082697 -2- between 2:00 and 2:30 P.M. In response to Mr. Ray, Director of Public Works Kicak noted that arrangements have been made with the contractor between 2:15 and 2:45 P.M. in an effort to address noted concerns. Mr. Ray expressed appreciation to the City for its quick response. CITY COUNCIL REPORTS A. Councilman Ford provided information with regard to the McGruff Truck Program as well as Neighborhood Watch. B. In an effort to further mitigate traffic congestion created by the construction of the Mall site, Councilman Ford suggested and encouraged the use of an alternate route (Margarita Road to La Serena to Walcott Corridor to Nicolas Road to Winchester Road) to those individuals able to adjust their regular route. C. Councilman Ford advised that he and Councilman Roberts had met with Pala Road Homeowners Associations at which the following issues of concern were raised: readdress the recent striping between Rainbow Canyon and Muirfield; research the potential of a stop light at Muirfield and Pala Road; increase police presence at the Loma Linda/Pala Road intersection -- motorists not making complete stops; address Pechanga/Temecula confluence (south/southwest of freeway) heavily overgrown. D. Councilman Ford apprised the Councilmembers and audience of the upcoming Leukemia Society Dinner Fundraiser on October 10, 1997, as well as Make-a-Difference Day on October 11, 1997. E. Councilman Roberts strongly concurred with Councilman Ford's comment to readdress the possibility of installing a traffic signal at Muirfield and Pala Road. F. Commending the Friends of the Ubrary for their continuous efforts, Councilman Roberts advised that the Temecula/Murrieta Library Task Force had met on August 22, 1997; at which time, the funding for a Volunteer Coordinator, to assist with the Library as well as the bookstore, was discussed. G. Having attended the Western Riverside Council of Government meeting, Councilman Roberts advised that he will continue to investigate and keep the Council apprised as to why Southwestern Riverside County has not been allotted any funds for roads. Minutes\O82697 -3- H. Councilman Stone commented on the loss of Maxine Bendickson and extended condolences to the Bendickson Family. I. Because of the increased traffic as a result of growing activities at the Pechanga facility, Councilman Stone spoke in support of installing a traffic signal at Meerfield and Pala Road but suggested that Pechanga be requested to help contribute a portion of funds considering a majority of these impacts are created by this facility. J. Councilman Stone relayed his support for the hiring of a Volunteer Coordinator. K. Councilman Stone advised that he and Councilman Roberts had met with the School Beard Members to address traffic concerns in front of Temecula Valley High School; noted that the idea of a fenced median was discussed but tabled for the time being; that the topic of installing and funding sources for a signal at Rio Vista/Rancho Vista Roads will be agendized; and suggested that the City of Temecula possibly front the cost (approximately $100,000) with the School District ultimately paying 50% of the cost which will be repaid when the School District receives incremental payments from the Regional Center once the mall is completed. L. Councilman Stone suggested that Agenda Item Nos. 14 (Arts Council) and 15 {Community Service Funding Request) be discussed out of order. Discussed out of order 14. Arts Council of Temecula Valley Community Service Funding Reqluest RECOMMENDATION 14.1 Review and approve the Community Service Funding {CS Funding) Program application changes for FY 1997-98. Finance Director Roberts presented the staff report {of record). Mr. Jim Meyler, 29930 Santiago Road, Treasurer of Arts Council, commented on the Arts Council's change in emphasis over the past several years from a performing organization to a support organization, advising that such a change has, as well, required a change in budget; reviewed the Arts Council's initial funding request of $38,000; noted that in light of the City Council's decision to prepare a Community Cultural Plan, the initial request has been lowered to $28,000 -- Concert on the Green - $12,000; Temecula Valley Arts Festival - $10,000; and Grants to other arts organizations - $6,000; and briefly reviewed the various events/activities supported by the Arts Council. In response to Councilman $tone's suggestion, Mr. Meyler voiced no objection to receiving the requested $6,000 (grants to other arts organizations) from the Community Service Funding Program, noting that the Arts Council would be matching those funds. Councilman Lindemans relayed his support that the completion of a Community Cultural Plan Minutes\082697 -4- should be the responsibility of the City; and noted that a professional consultant should be hired to complete this task. Mayor Birdsall confirmed that this item has been pulled from this evening's agenda and will be separately agendized and discussed at a future meeting date. Mayor Birdsall suggested that staff contact Mr. Kurt Swanson, head of the Cerritos Performing Arts Center, in order to receive additional input with regard to the completion of a Cultural Plan. Councilman Roberts voiced no objection to the revised amount of $28,000. Commenting on the importance of the Arts, Councilman Stone noted that the annual Concert of the Green should be an annual City-sponsored event; and relayed his support of the requested $6,000 (grants to other arts organizations) as long as it could be funded through the Community Service Funding Program. Although funding the $6,000 through the CS Funding Program and, thereby, decreasing the requested amount to $22,000, Councilman Stone advised that this amount would still exceed the Community Support budget ($15,000) for the Arts Council by $7,000. In closing, Councilman Stone relayed his opposition to funding the needed $7,000 by way of the General Fund Reserves, noting that these Reserves should only be utilized for public safety or emergency issues. City Manager Bradley noted that the additionally needed $7,000 would be funded by way of anticipated revenue. Mayor Birdsall apprised Mr. Meyler that the Ad hoc Committee of Community Service Funding will be making the decision with regard to the requested $6,000 and that all applications must be made to the Committee. MOTION: It was moved by Councilman Stone, seconded by Councilman Ford, to approve the Arts Council's funding request of $12,000 for the Concert on the Green and $10,000 for the Temecula Valley Arts Festival, totaling $22,000. Voice vote reflected unanimous approval. 15. Temecula Vallev Playhouse Community Service Funding Re(;luest RECOMMENDATION 15.1 Consider a $15,000 funding request from the Temecula Valley Playhouse for their community service programs. Director of Finance Roberts reviewed the staff report (as per written material of record). Mr. Mark Alan, P.O. Box 74, Temecula, newly elected President of the Playhouse, commented on the organization's dedication to the community as a cultural amenity; reviewed the benefits the community derives from this organization; and, therefore, commented on the organization's ability to meet the necessary criteria on which the funding program is based. Mr. Alan expressed appreciation to the City Council for its continual support of the Playhouse. Minutes\O82697 -5- MOTION: Councilman Lindemans moved to approve the ~15,000 funding request from the Temecula Valley Playhouse for its community service programs. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. Being a strong supporter of the Arts, Councilman Stone relayed his desire for the City to begin long-range planning (5 to 7 years) for the construction of a Performing Arts Center in the City of Temecula. Councilman Lindemans noted that the potential for a Performing Arts Center should be addressed in the Community Cultural Plan. Returning to regular agenda CONSENT CALENDAR 1. Standard Ordinance Adoption Program RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION 2.1 Approve the minutes of August 12, 1997. Resolution A[)proving List of Demands RECOMMENDATION 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-95 A RESOLUTION OF THE CITY OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Financial Statements for the Year Ended June 30. 1997 RECOMMENDATION Minutes\082697 -6- o 4.1 Receive and file the Combining Balance Sheet as of June 30, 1997, the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Year ended June 30, 1997. 4.2 Appropriate $21,280 to the 1996-97 City Attorney Department budget in the General Fund. Substitute Subdivision Iml~rovement Agreement and Public Iml~rovement Bonds in Tract No. 98583 (located northeasterly of the intersection of Calle Madero at North General Kearny Road) RECOMMENDATION 5.1 Accept the substitute Subdivision Improvement Agreement, Faithful Performance and Labor and Materials Securities for Street, Drainage, Water, and Sewer Improvements, Traffic Signal Mitigation Agreement and Bond, and Subdivision Monumentation Bond in Tract No. 23583; 5.2 Authorize the release of the original faithful performance, labor and materials, traffic signal mitigation, and monument bonds on file; 5.3 Direct the City Clerk to so advise the Developers and Sureties. Acceotance of Drainage Easements and {3uitclaim to Riverside County Flood Control and Water Conservation District {located at Meadows/Paloma Del Sol Area) RECOMMENDATION 6.1 Adopt a resolution entitled: RESOLUTION NO. 97-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFER OF DRAINAGE EASEMENT MADE TO THE COUNTY OF RIVERSIDE AND CERTAIN OFFERS OF STORM DRAINAGE EASEMENTS AND STORM DRAIN EASEMENTS MADE TO THE CITY OF TEMECULA, AND AUTHORIZING QUITCLAIM OF ALL SAID EASEMENTS TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (MEADOWS/PALOMA DEL SOL AREA) Award of Construction Contract for the Annual Slurry Seal Project FY97-98. Project No. PW97-13 RECOMMENDATION Minutes\082697 -7- o 10. 7.1 Award a contract for Project No. PW97-13, Annual Slurry Seal FY97-98 Project, to California Pavement Maintenance Co. for $163,579.46 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $16,357.95 which is equal to 10% of the contract amount. Completion and Acceptance of the FY95-96 Annual Pavement Management Project PW95-28 RECOMMENDATION 8.1 Accept the FY95-9§ Annual Pavement Management Project PW95-28, as complete; 8.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 8.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Law Enforcement Services Agreement RECOMMENDATION 9.1 Approve the second amendment to the agreement with the County of Riverside Sheriff's Department and the City of Temecula and authorize the Mayor to execute the amendment. Second Reading of Ordinance No. 97-!3 RECOMMENDATION 10.1 Adopt an ordinance entitled: ORDINANCE NO. 97-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS! AND THE CITY COUNCIL OF THE CITY OF TEMECULA Minutes\082697 -8- 11. Second Reading of Ordinance No. 97-14 RECOMMENDATION 11.1 MOTION: Adopt an ordinance entitled: ORDINANCE NO. 97-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE RELATING TO PUBLIC FACILITIES DEVELOPMENT IMPACT FEES AND CREDITS It was moved by Councilman Stone, seconded by Councilman Lindemans, to approve Consent Calendar Item Nos. 1-11. The motion was carried with unanimous voice vote. RECESS At 8:38 P.M., Mayor Birdsall recessed the City Council meeting in order to accommodate the scheduled Joint Meeting of the City Council and Temecula Community Services District, the Temecula Community Services District Meeting, and the Temecula Redevelopment Agency Meeting. The meeting was reconvened at 10:02 P.M. PUBLIC HEARINGS 12. Administrative Fee for Processing Applications for Public Facilities Development Impact Fee Reductions RECOMMENDATION 12.1 Adopt a resolution entitled: RESOLUTION NO. 97-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPLEMENTING AN ADMINISTRATIVE FEE FOR PROCESSING APPLICATIONS FOR PUBLIC FACILITIES DEVELOPMENT IMPACT FEE REDUCTIONS Senior Management Analyst Kuhns presented the staff report (of record). There being no public input, Mayor Birdsall closed the public hearing. Minutes\082697 -9- MOTION: Councilman Lindemans moved to adopt Resolution No. 97-97. The motion was seconded by Councilman Stone and voice vote reflected approval with Councilman Ford and Councilman Roberts voting no. COUNCIL BUSINESS 13. Community Service Funding Program Ad Hoc Committee RECOMMENDATION 13.1 Review and approve the Community Service Funding (CS Funding} Program application changes for FY 1997-98; 13.2 Appoint two Councilmembers to serve on the CS Funding Program Ad Hoc Committee which will review and approve applicants to that program. Director of Finance Roberts presented the staff report (of record) and clarified, for Councilman Stone, that the Temecula In-Line Hockey Association received full allocation ($16,250) last year. Since the CS Funding amount has not been increased since 1990, Mayor Birdsall noted that consideration should be given to increasing the amount {$100,000~ and advised that the Committee has set a limit of $5,000 per grant award. MOTION: Councilman Linderoans moved to approve the Community Service Funding (CS Funding) Program application changes for FY 1997-98. The motion was seconded by Councilman Ford and voice vote reflected unanimous approval. MOTION: Councilman Lindemans moved to appoint Councilmembers Ford and Stone to serve on the CS Funding Program Ad Hoc Committee which will review and approve applicants to that program. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 14. Arts Council of Temecula Valley Community Service Funding Re~luest Discussed earlier; see pages 5-6. 15. Temecula Valley Playhouse Community Service Funding ReQuest Discussed earlier; see pages 6-7. Minutes\082697 -1 O- 16. Re(;luest for Approval of the Western Riverside County Multiple Species Habitat Conservation Planning Agreement RECOMMENDATION 16.1 Approve and authorize the Mayor to sign the Western Riverside County Multiple Species Habitat Conservation Planning Agreement. Community Development Director Thornhill reviewed the staff report (as per written material of record). As a City Council representative to this group, Councilman Ford commented on the time- consuming and intense negotiation process associated with the completion of this Planning Agreement. MOTION: Councilman Linderoans moved to approve and authorize the Mayor to sign the Western Riverside County Multiple Species Habitat Conservation Planning Agreement. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 17. Designation of Voting Delegate for California League of Cities Annual Conference RECOMMENDATION 17.1 Designate a voting representative and an alternate. MOTION: Councilman Stone moved to designate Mayor Birdsall as the voting representative and Mayor Pro Tern Roberts as the voting alternate. The motion was seconded by Councilman Ford and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS None. CITY MANAGER'S REPORT A. Referencing the memo with regard to rescheduled City Council meetings for October, November, and December, City Manager Bradley informed the Councilmembers that set meeting dates for those months will be forthcoming. B. City Manager Bradley advised that, as per City Council direction in closed session, he will be meeting with the City Manager of Murrieta. Minutes\082697 -11- CITY ATTORNEY'S REPORT None. ADJOURNMENT At 10:20 P.M., the City Council meeting was formally adjourned to Tuesday, September 9, 1997, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk Minutes\082697 -12- JOINT MEETING OF THE CITY COUNCIL AND TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 26, 1997 A joint meeting of the City Council and the Temecula Community Services District was called to order at 8:38 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL Present: 5 Absent: 0 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone DIRECTORS: None Also present were General Manager Bradley, District Counsel Thorson, and District Secretary Greek. 1. Amend Joint Use Agreement - Temecula Elementary School RECOMMENDATION 1.1 Adopt the Subsequent Mitigated Negative Declaration for Margarita Community Park; 1.2 Approve the First Amendment to Agreement between the City of Temecula and Temecula Valley Unified School District for the Joint Use of a Portion of Temecula Elementary School. Deputy Director of Community Services Parker presented the staff report (of record) and briefly reviewed the recommended amendments, noting the following: to install lights on the renovated athletic fields to provide annual renovation and pay electrical costs of operating those lights. Deputy Director Parker stated that all other terms and conditions of the agreement will remain in effect and clarified that the use of the pool would be included in this agreement. For Director Ford, Director of Community Services Nelson advised that the public notification process encompassed a 600' radius of the subject site. MOTION: Minutes\O82697.jnt -1- MOTION; Director Lindemans moved to concur with staff's recommendation. The motion was seconded by Director Birdsall and voice vote reflected unanimous approval. ADJOURNMENT At 8:42 P.M., this joint meeting was formally adjourned. Jeffrey E. Stone, President ATTEST: June S. Greek, CMC/AAE City Clerk/District Secretary Minutes\O82697.jnt -2- MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 9, 1997 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 6:30 PM. It was duly moved and seconded to adjourn to Executive Session at 6:30 PM, pursuant to Government Code Sections: 1. §54956.8, Conference with Real Property Negotiator; Property: 42301 Zevo Drive; Negotiating Parties: City of Temecula and Four-She Development; Under negotiation: Terms and conditions of development agreement. The motion was unanimously carried. The Executive Session was adjourned at 7:05 PM. A regular meeting of the Temecula City Council was called to order at 7:10 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Amy Cisneros. INVOCATION The invocation was given by Rabbi Josef Germaine, Congregation B'nai Chaim of Murrieta. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Roberts. PROCLAMATION/PRESENTATIONS Bob Lopez of Southern California Edison showed a short video regarding the Electric Industry Restructuring. Minutes\09\09/07 -1- 09/17/97 City Council Minutes September 9, 1997 CITY ATTORNEY REPORT City Attorney Thorson stated in accordance with the provisions of the Brown Act, he had nothing to report from Closed Session. PUBLIC COMMENTS Jeannie Gillen, 30195 Del Rey Road, invited the public to attend the next Murrieta Creek Advisory Committee, to be held on Thursday, September 18, 1997, 1:00 PM at Murrieta City Hall. She also announced the Groundbreaking Ceremony for the Murrieta Creek Pilot project for the same day, Thursday, September 18, 1997, at 11:30 AM at the corner of Winchester and Diaz Roads. CITY COUNCIL REPORTS Councilmember Stone asked that Public Works Director Joe Kicak give an update on the traffic situation in front of Chaparral High School. Public Works Director Kicak reported the City is working with Caltrans to modify the signal at Nicolas and Winchester Road to provide left turn and protected pedestrian crossing. Councilmember Stone also announced he has been nominated as the President of the League of California Cities Riverside Division and requested the Council's support. Councilmember Linderoans requested staff prepare a letter of condolence to Princes William and Harry of England on the unfortunate death of their mother, Princess Diana. He also requested that the matter of a donation of $100 to the Princess Diana Fund on behalf of the people of Temecula be placed on the next agenda. He requested that other cities be contacted to see if they would be interested in contributing as well. Councilmember Ford requested a report regarding the Tax Revenue Sharing Bill, promoted through the City of Covina, be placed on the next agenda for consideration. He also requested a letter of condolence be sent to the family of the recent freeway shooting victim. Mayor Birdsall requested staff send a letter to the Mayor of Voorburg thanking him for his recent Sister City visit. She also reminded staff to place the date changes for Council Meetings in October, November and December on the next agenda for consideration. She announced a book of condolence for Princess Diana is at the Little Professor Book Store in Temecula and will remain there through this week and lastly, the Temecula Stampede is starting a "teen only" night every Wednesday from 6:00 PM to 11:O0 PM. Minutes\09\09/07 -2- 09/17/97 City Council Minutes September 9. 1997 CONSENT CALENDAR It was moved by Councilmember Stone, seconded by Councilmember Linderoans to approve Consent Calendar Items 1-9 as follows: The motion carried as follows: AYES: 5 COUNCILMEMBERS: ., Ford, Linderoans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of August 4, 1997. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report 4.1 Receive and file the City Treasurer's Report as of July 31, 1997. Tract Map No. 23371-6 (Located on the Northerly side of Rancho California Road between Margarita Road and Meadows Parkway) 5.1 Approve Final Tract Map No. 23371-6 subject to the Conditions of Approval. Minutes\09\09/07 -3- 09/17/97 City Council Minutes September 9, 1997 Summary Vacation of a Drainage Easement from South General Kearny Road to Margarita Road 6.1 Adopt a resolution entitled: RESOLUTION NO. 97-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING AN EASEMENT FOR DRAINAGE PURPOSES FROM SOUTH GENERAL KEARNY ROAD TO MARGARITA ROAD Funding for TVUSD Additional Busing Services 7.1 Appropriate $10,500 from the General Fund Reserve to provide temporary busing services for Chaparral High School students during the construction along Margarita Road between Solana Way and Winchester Road. Allocation of Funds for the Purchase of the City's GIS 8.1 Authorize the purchase of hardware and software for the City's Geographic Information system (GIS) from the Environmental Systems Research Institute (ESRI) at a cost of $33,540, and that the City Manager execute the agreement in its final form. Sierra Permits System Upgrade 9.1 Authorize expenditure of funds in the amount of $22,172 to be used for upgrading the existing Sierra Software and all existing documents in the Sierra System to the Windows environment. 9.2 Appropriate $17,500 to the Information Systems Internal Services consulting account. 9.3 Authorize the City Manager to execute an Installation Agreement with Sierra in a final form approved by the City Manager and City Attorney. RECESS Mayor Birdsall recessed the City Council Meeting at 7.'40 PM to accommodate the previously scheduled Community Services District and Redevelopment Agency Meeting. The meeting was reconvened as a Joint City Council/RDA Meeting at 7:41 PM. Minutes\09\09/07 -4- 09/17/97 City Council Minute~ September 9, 1997 JOINT 1 CITY COUNCIL/RDA PUBLIC HEARING Planning Application No. PA97-0221, An Amendment to the Old Town Specific Plan Establishing the In-Lieu Parking Fee Program and Revising the Parking Requirements, and Planning Application No. PA97-0267 Establishing the Parking Incentives for the Sixth Street Parking Lot, Planning Application No. PA97-0292 Establishing the Parking In-Lieu Fee for Old Town Councilmember Stone announced he has a conflict of interest due to property ownership in Old Town. Associate Planner Saied Nasseh presented the staff report, presenting revised resolutions and a revised ordinance modifying provisions of the incentive program. Councilmember Linderoans expressed concern regarding the pay-back provisions of this program. Housing and Redevelopment Manager John Meyer explained the intention of the incentive program is to provide a method by which property owners could develop their property with a reduced number of parking spaces and could pay fees in lieu of the required spaces and receive credit based on the new public parking facility at 6th Street. City Manager Bradley suggested continuing this item to allow for further discussion. Mayor Birdsall opened the public hearing at 8:13 PM. It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to continue the public hearing to the first meeting in November. The motion was unanimously carried with Councilmember Stone abstaining. It was moved by Mayor Pro Tern Roberts, seconded by Mayor Birdsall to appoint Councilmembers Linderoans and Ford to serve on an ad hoc sub-committee to work with staff on several areas of concern expressed by Council. The motion was unanimously carried with Councilmember Stone abstaining. CITY COUNCIL PUBLIC HEARING 10 Extension of Moratorium on Certain Adult Businesses and Extension of Interim Adult Business Regulations, Planning Application No. PA97-0293 Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 8:29 PM. Having no requests to speak, Mayor Birdsall closed the public hearing at 8:29 PM. Minutes\09\09/07 -5- 09/17/97 City Council Minutes September 9, 1997 It was moved by Councilmember Stone, seconded by Councilmember Lindemans, to approve staff recommendation as follows: 10.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 97-15 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS, PLANNING APPLICATION NO. PA97-0293 (4/5ths Vote Required) The motion was unanimously carried. COUNCIL BUSINESS 10. Nighttime Curfew for Minors Ordinance Senior Management Analyst Allie Kuhns presented the staff report. Councilmember Stone asked the penalty for violation of this ordinance. Police Chief Pete LaBahn answered that this would be an infraction and would typically carry a $1 O0 fine. Councilmember Lindemarts requested that the curfew times remain the same as the current ordinance, from 11:00 PM until 5:00 AM. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford, to approve staff recommendation as follows: 10.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO, 97-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE Minutes\09\09/07 -6- 09/17/97 City Council Minutes September 9, 1997 The motion carried with Councilmember Lindemans in opposition, stating he is in favor of the ordinance but not the time change from 11:00 PM to 10:00 PM. Councilmember Stone requested information be sent to the school district so students would be aware of the new law. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Ford, seconded by Mayor Pro Tern Roberts, to adjourn at 8:42 PM to a regular meeting on September 23, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE, City Clerk Minutes\09\09/07 -7- 09/17/97 ITEM 3 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $745,830.68. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 23rd day of September, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] Re~s9% 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of September, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Re,os 97- 2 CITY OF TEMECULA LiST OF DEMANDS 09/04/97 TOTAL CHECK RUN: 09/t 1/97 TOTAL CHECK RUN: 09/23/97 TOTAL CHECK RUN: 09/02/97 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 09123197 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 210 280 30O 320 33O 340 38O GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND REDEVELOPMENT AGENCY-ClP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA - DEBT SERVICE PAYROLL: 001 165 190 191 192 193 194 280 300 320 330 340 GENERAL RDA-LOW/MOD TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-ClP INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BYFUND: PREPARED B~I~TA WESTON, A~(~OJJNTING 'SPECIALIST GENIE ROBER~i~' FINANCE DIRECTOR SHAWN NELSON, ACTING CITY MANAGER $ 333,090.97 175,619.37 81,891.31 155,229.03 $ 745,830.68 281,039.44 42,343.01 74,608.39 1,338.18 23,679.70 35,957.90 637.33 76,021.30 25,571.11 13,481.78 1,863.50 13,790.75 0.00 590,601.65 100,093.46 4,138.50 35,745.91 69.41 176.92 2,427.88 960.25 4,843.94 273.28 3,192.91 1,074.56 2,232.01 155,229.03 745,830.68 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 09/04/97' 15:14 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - C[P 300 INSURANCE FUND 320 INFORMATION SYSTEMS SUPPORT SERVICES 340 FACILITIES AMOUNT 159,659.30 27,416.01 29,822.71 105.57 98.95 10,654.20 637.33 69,610.91 17,226.23 269.26 6,154.07 1,070.55 10,365.88 TOTAL 333,090.97 ~ VOUCHRE2 CITY OF TEMECULA 09/04/97 15:14 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ZTEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 45138 08/29/97 000308 TEMECULA TOWN ASSOCIATI TRACTOR RACE SPONSORSHIP AGRMT 280-199-999-5266 10,000.00 10,000.00 45139 09/03/97 002817 UNIVERSAL SPECIALTY VEH POLICE COMMAND POST TRAILER 001-170-999-5610 21,125.00 45139 09/03/97 002817 UNIVERSAL SPECIALTY VEH SALES TAX 001-170-999-5610 3,274.38 24,399.38 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 001~2070 16,028.48 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 647.63 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 4,157.57 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 8.94 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 22.64 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 308.30 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 135.03 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 672.59 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 31.71 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 710.98 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 241.45 753215 09/04/97 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 256.95 753215 09/04/97 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 3,786.13 753215 09/04/97 000283 INSTATAX (1RS) 000283 MEDICARE 165-2070 150.05 753215 09/04/97 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 1,250.12 753215 09/04/97 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.38 753215 09/04/97 000283 INSTATAX (%RS) 000283 MEDICARE 192-2070 6.07 753215 09/04/97 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 82.71 753215 09/04/97 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 35.56 753215 09/04/97 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 172.54 753215 09/04/97 000283 INSTATAX ([RS) 000283 MEDICARE 300-2070 10.00 753215 09/04/97 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 137.10 753215 09/04/97 000283 INSTATAr( (IRS) 000283 MEDICARE 330-2070 31.42 753215 09/04/97 000283 INSTATAr( (IRS) 000283 MEDICARE 340-2070 92.08 28,978.43 799238 09/04/97 000444 INSTATAX (EDD) 000444 SDI 001-2070 47.08 799238 09/04/97 000444 INSTATAX (EDD) 000444 SOl 165-2070 3.77 799238 09/04/97 000444 INSTATAX (EDD) 000444 $DI 190-2070 90.97 799238 09/04/97 000444 INSTATAX (EDD) 000444 SD! 193-2070 .99 799238 09/04/97 000444 INSTATAX (EDD) 000444 $DI 280-2070 2.75 799238 09/04/97 000444 INSTATAX (EDD) 000444 SDI 340-2070 3.48 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 001-2070 4,191.79 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 165-2070 206.80 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 190-2070 828.16 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.64 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 192-2070 3.88 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 193-2070 62.03 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 194-2070 24.28 7'99238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 280-2070 204.86 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 300-2070 12.12 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 320-2070 172.41 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 330-2070 74.94 799238 09/04/97 000444 INSTATAX (EDD) 000444 STATE 340-2070 46.48 970903 09/03/97 000166 FIRST AMERICAN TITLE CO 1ST HOMEBUYER PROGRAM:HANSON 165-199-999-5449 21,400.00 5,978.43 21,400.00 VOUCHRE2 09/04/97 15:14 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 45142 09/04/97 000116 A V P VISION PLANS 000116 AVP 001-2310 480.88 45142 09/04/97 000116 A V P VISION PLANS 000116 AVP 165-2310 12.90 45142 09/04/97 000116 A V P VISION PLANS 000116 AVP 190-2310 68.32 45142 09/04/97 000116 A V P VISION PLANS 000116 AVP 193-2310 1.38 45142 09/04/97 000116 A V P VISION PLANS 000116 AVP 280-2310 14.64 45142 09/04/97 000116 A V P VISION PLANS 000116 AVP 300-2310 4.30 45142 09/04/97 000116 A V P VISION PLANS 000116 AVP 340-2310 2.58 585.00 45143 09/04/97 002410 A WOMAN'S TOUCH BUILDIN AUG JANITORIAL SRVC-6TH ST 190-180-999-5250 211.00 211.00 45144 09/04/97 002662 AGRICULTURAL PEST CONTR DOMESTIC DUCK/GOOSE REMOVAL 190-180-999-5250 450.00 450.00 45145 09/04/97 002733 ALBAO, NANCY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 416.00 416.00 45146 09/04/97 ASIAN GANG INVEST.ASN 0 CF:9/16-19:COOK,RUPE,BARBA,ROB 001-170-999-5261 580.00 580.00 45147 09/04/97 000122 B S N SPORTS SPORTS & TEEN GAME AREA EQUIP. 190-182-999-5301 7.56 45147 09/04/97 000122 B S N SPORTS SPORTS & TEEN GAME AREA EQUIP. 190-183-999-5380 7.55 15.11 45148 09/04/97 002506 BAILEY'S BLINDS & DRAPE ROLLER SHADES FOR FIRE ST#84 210-190-626-5610 721.00 721.00 45149 09/04/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES-CITY HALL 340-199-701-5212 450.00 450.00 45150 09/04/97 002541 BECKER, WALTER KARL CONSTRUCT ENCLOSURE-MAINT YARD 001-164-601-5610 4,668.00 4,668.00 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 45151 09/04/97 000128 CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES WORKER~S COMP FOR AUGUST 97 001'2370 3,343.78 WORKER~S COMP FOR AUGUST 97 165-2370 107.19 WORKER~S COMP FOR AUGUST 97 190-2370 1,775.00 WORKER'S COMP FOR AUGUST 97 191-2370 .82 WORKER~S COMP FOR AUGUST 97 192-2370 1.67 WORKER'S COMP FOR AUGUST 97 193'2370 54.46 WORKER~S COMP FOR AUGUST 97 194-2370 20.78 WORKER'S COMP FOR AUGUST 97 280-2370 93.08 WORKER~S COMP FOR AUGUST 97 300-2370 3.28 WORKER~S COMP FOR AUGUST 97 320-2370 44.48 WORKER'S COMP FOR AUGUST 97 340-2370 260.73 WORKER~S COMP FOR AUGUST 97 190-183-999-5112 .09 WORKER~S COMP FOR AUGUST 97 190-181-999-5112 1.17 5,706.53 45152 09/04/97 001004 CALIFORNIA DEPT OF FISH ENVIRO PRMT:LONG CANYON WASH 210-165-681-5801 662.00 662.00 45153 09/04/97 000984 CALIFORNIA MAIN STREET CF:MAIN ST;J.MEYER-9/17-19 280-199-999-5261 35.00 35.00 45154 09/04/97 002543 CALIFORNIA STATE RESOUR ENVIRO PRMT:LONG CANYON WASH 210-165-681-5801 500.00 500.00 45155 09/04/97 000387 CAREER TRACK SEMINARS M SEM:SELF DISCIPLINE:S.SAMPLES 001-170-999-5261 79.00 79.00 45156 09/04/97 CARTER, MICHAEL R. REFUND:CREATIVE BEGINNING 190-183-4982 70.00 70.00 45157 09/04/97 000135 CENTRAL CITIES SIGN SER MISC SIGNS & HARDWARE 001-164-601-5244 158.93 45157 09/04/97 000135 CENTRAL CITIES SIGN SER MISC SIGNS & HARDWARE 001-164-601-5244 57.92 VOUCHRE2 CITY OF TEMECULA 09/04/97 15:14 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 45157 09/04/97 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 45157 09/04/97 000135 CENTRAL CITIES SIGN SER MISC SIGNS & HARDWARE 001-164-601-5244 001-164-601-5244 100.85 420.23 737.93 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 45158 09/04/97 000140 COLONIAL LIFE & ACC]DEN 000140 CANCER 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 45158 09/04/97 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 001-2330 190-2330 001-2330 190-2330 193-2330 340-2330 001-2330 165-2330 190-2330 193-2330 280-2330 340-2330 39.75 39.75 66.50 60.88 .94 4.68 148.21 19.41 22.32 1.59 6.47 7.97 418.47 45159 09/04/97 000447 COMTRONIX OF HEMET 45159 09/04/97 000447 COMTRONIX OF HEMET KENt~30D PORTABLE RADIO PACKAGE 001-164-601-5610 SALES TAX 001-164-601-5610 3,984.00 308.76 4,292.76 45160 09/04/97 CORNERSTONE COMMUNITY C REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 45161 09/04/97 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 82.50 82.50 45162 09/04/97 001233 DAN'S FEED & SEED, INC. PROPANE GAS FOR PW MAINT CREW 001-164-601-5218 14.38 14.38 45163 09/04/97 001716 DAN'S ROOFING 45163 09/04/97 001716 DAN'S ROOFING RESIDENTIAL IMPRVMNT:GROSDIDIE 165-199-813-5804 RESIDENTIAL IMPRVMNT:ZIZZO,D. 165-199-813-5804 575.00 2,270.00 2,845.00 45164 09/04/97 000156 DENTICARE OF CALIFORNIA 000156 DEN-AMIN 001-2340 45164 09/04/97 000156 DENTICARE OF CALIFORNIA 000156 DENT-ADV 001-1180 45164 09/04/97 000156 DENTICARE OF CALIFORNIA 000156 DENTICAR 001-2340 15.00 8.81 8.81 32.62 45165 09/04/97 DIAZ, JESSE REIMB: MISC OFFICE SUPPLIES 001-140-999-5220 65.78 65.78 45166 09/04/97 002701 DIVERSIFIED RISK SPECIAL EVENT INSURANCE AUG 97 300-2180 87.18 87.18 45167 09/04/97 000161 EDEN SYSTEMS, INC. USERS CONF:MCDERMOTT:10/14-17 001-140-999-5258 245.00 245.00 45168 09/04/97 001056 EXCEL LANDSCAPE WINCHESTER CRK-REPAIR MAINLINE 193-180-999-5212 84.85 84.85 45169 09/04/97 000166 FIRST AMERICAN TITLE CO LOT BOOK RPT:NAGELVOORT 165-199-999-5250 150.00 150.00 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 001-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 165-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 190-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 191-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 192-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 193-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 194-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 280-2360 45170 09/04/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 300-2360 602.20 15.90 126.66 .43 1.28 14.03 7.64 22.35 2.12 VOUCHRE2 09/04/97 15:14 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAHE ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 45170 09/04/97 002002 FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD HURST SEPT LIFE/STD 320-2360 330-2360 340-2360 001-2380 165-2380 190-2380 191-2380 192-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 165-2500 190-2500 191-2500 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-1170 17.00 3.43 11.46 1,111.83 41.61 217.86 .82 2.01 23.66 11.78 51.05 2.87 40.49 3.74 14.40 1 · 176.31 44.01 230.51 .86 2.14 25.01 12.46 54.03 3.04 42.84 3.96 15.23 20.72 3,977.74 45172 09/04/97 000184 45172 09/04/97 000184 45172 09/04/97 000184 45172 09/04/97 000184 45172 09/04/97 000184 G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 909-676-3526-AUG-CITY ALARM 909-693-0956-AUG-GENERAL USAGE 909-694-4356-AUG-HINTERGARDT 909-694-8927-AUG-GENERAL USAGE 909-699-7945 AUG-CRC ALARM 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 78.92 28.60 29.33 25.90 51.79 214.54 4517-5 09/04/97 002545 GAMBLE, MARK S. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 240.00 240.00 45174 09/04/97 000177 45174 09/04/97 000177 45174 09/04/97 000177 45174 09/04/97 000177 45174 09/04/97 000177 45174 09/04/97 000177 45174 09/04/97 000177 45174 09/04/97 000177 GLENHIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT MISC. OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISC. OFFICE SUPPLIES -FINANCE MISC. OFFICE SUPPLIES OFFICE SUPPLIES GENERAL SUPPLIES FOR CRC SUPPLIES-CITY SPECIAL EVENTS MISC OFFICE SUPPLIES 001-110-999-5220 001-120-999-5220 001-140-999-5220 190-180-999-5220 190-181-999-5220 190-182-999-5220 190-183-999-5370 210-190-626-5610 510.01 901.48 771.85 172.48 159.86 2.25 33.18 148.70 2,699.81 45175 09/04/97 000180 GRAYBAR ELECTRIC COMPAN MISC COMPUTER SUPPLIES 320-199-999-5221 267.09 267.09 45176 09/04/97 000186 HANKS HARDWARE, INC. MISC HARDWARE SUPPLIES 001-171-999-5242 116.61 116.61 45177 09/04/97 002914 HERTEL, JOHANNA M. REIMB:COMPUTER CLASS 001-140-999-5261 75.00 75.00 VOUCHRE2 09/04/97 15:14 VOUCHER/ CHECK CHECK NUMBER DATE 45178 09/04/97 45179 09/04/97 45179 09/04/97 45179 09/04/97 45180 09/04/97 45181 09/04/97 45181 09/04/97 45181 09/04/97 45181 09/04/97 45181 09/04/97 45181 09/04/97 45182 09/04/97 45183 09/04/97 45184 09/04/97 45184 09/04/97 45185 09/04/97 45185 09/04/97 45185 09/04/97 45186 09/04/97 45187 09/04/97 45188 09/04/97 45189 09/04/97 45190 09/04/97 45191 09/04/97 45192 09/04/97 45193 09/04/97 45194 09/04/97 45194 09/04/97 45194 09/04/97 45194 09/04/97 45195 09/04/97 45195 09/04/97 45195 09/04/97 VENDOR VENDOR NUMBER NAME HOLMES, CANDACE 002098 HOUSE OF MOTORCYCLES 002098 HOUSE OF MOTORCYCLES 002098 HOUSE OF MOTORCYCLES 002796 HUFCOR AIRWALL, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND:BALLROOM DANCING REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REMOVE/REPLACE LOCKERS-M. FAC 000194 I C M A RETIREMENT TRUS 000194 000194 I C M A RETIREMENT TRUS 000194 000194 I C M A RETIREMENT TRUS 000194 000194 I C M A RETIREMENT TRUS 000194 000194 I C M A RETIREMENT TRUS 000194 000194 I C M A RETIREMENT TRUS 000194 001407 INTER VALLEY POOL SUPPL 000199 INTERNAL REVENUE SERVIC 002892 JACKSON, TRAVIS L. 002892 JACKSON, TRAVIS L. 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 000209 L & M FERTILIZER, INC. 002890 L A CELLULAR 002685 LAAN~S TREE SERVICE LANCE, JERRI 002863 LAWSON PRODUCTS, INC LIEBZEIT, LESLIE 002693 MATROS, ANDREA 000843 MCDANIEL ENGINEERING CO 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE 002105 002105 002105 DEF COMP DEF COHP DEF COMP DEF COMP DEF COMP DEF COMP POOL SANITIZING CHEMICALS 000199 IRS GARN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTORS EARNINGS TEMP HELP W/E 8/17 MILES TEMP HELP W/E 8/17 MILES TEMP HELP W/E 8/17 KUHNS AUG MAINT SUPPLIES - 909-223-1667-AUG-J.D. TRIM & REMOVE PALM TREE FRANS REFUND:SUMMER DAY CAMP DRILL SETS FOR PW MAINT CREW REFUND:BABY AND ME TCSD INSTRUCTOR EARNINGS ENGINEER SERVS-WINCH/I-15 BRDG BUSINESS CARDS=MB,CV,ML FOIL BUSINESS CARDS BLACK/WHITE BUSINESS CARDS SALES TAX CITY VEHICLE REPAIRS & NAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT ACCOUNT NUMBER 190-183-4982 001-170-999-5214 001-170-999-5214 001-170-999-5214 210-190-144-5804 001-2080 165-2080 190-2080 193-2080 280-2080 340-2080 190-182-999-5212 001-2140 190-183-999-5330 190-183-999-5330 001-163-999-5118 001-164-604-5118 330-199-999-5118 001-164-601-5218 001-170-999-5208 193-180-999-5415 190-183-4984 001-164-601-5242 190-183-4982 190-183-999-5330 280-199-602-5804 001-162-999-5222 001-110-999-5222 001-110-999-5222 001-110-999-5222 001-165-999-5214 001-162-999-5214 190-180-999-5214 ITEM AMOUNT 65.00 51.57 14.35 1.43 3,870.00 1,987.06 18.75 618.19 15.63 43.57 78.12 237.05 289.56 80.00 160.00 54.60 163.80 570.00 274.99 50.75 400.00 125.00 348.48 42.00 386.40 285.00 123.64 307.50 76.50 29.76 26.41 15.95 10.00 PAGE 5 CHECK AMOUNT 65.00 67.35 3,870.00 2,761.32 237.05 289.56 240.00 788.40 274.99 50.75 400.00 125.00 348.48 42.00 386.40 285.00 537.40 52.36 VOUCHRE2 09/04/9? 15:14 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 45196 09/04/97 002652 OSCAR'S CATERING SERVS FOR 8/26 MTG 001-100-999-5260 77.06 77.06 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2130 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 190-2130 45197 09/04/9? 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 190-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 191-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 192-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 194-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 280-2130 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 280-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 001-2130 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 192-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 300-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 45197 09/04/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 330-2390 45197 09/04/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 10.70 15,443.57 628.78 3.34 3,063.60 11.02 26.72 330.69 153.96 1.00 742.09 42.73 582.36 55.09 395.70 313.17 63.10 1.75 13.85 .05 .14 1.54 .84 2.43 .23 1.86 .38 1.25 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 001-2090 156.86 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 165-2090 168.60 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 280-2090 56.19 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 001-2090 697.00 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 190-2090 356.85 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 001-2090 972.19 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 300-2090 38.27 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 FHP 001-2090 1,161.38 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 001-2090 4,366.93 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 165-2090 45.11 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 190-2090 1,534.03 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 191-2090 14.80 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 192-2090 29.60 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 193-2090 225.97 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 194-2090 44.40 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 280-2090 142.85 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 330-2090 59.80 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 340-2090 384.80 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 001-2090 2,085.92 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 190-2090 147.73 21,891.94 VOUCHRE2 CITY OF TEMECULA 09/04/97 15:14 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS DED 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADM 45198 09/04/97 000245 PERS (HEALTH INSUR. PRE FLAMMER/HURST-SEPT HEALTH 340-2090 001-2090 190-2090 194-2090 001-2090 280-2090 001-2090 001-2090 001-1170 384.10 2,533.58 305.70 101.90 2,317.98 179.04 680.93 95.80 302.85 19,591.16 45199 09/04/97 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 49.85 49.85 45200 09/04/97 000254 PRESS-ENTERPRISE COMPAN 1 YR SUBSCRIPTION 190-180-999-5228 124.80 124.80 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL 45201 09/04/97 001537 PRINCIPAL MUTUAL INC. 001537 DENTALPM INC. 001537 DENTALPM INC. 001537 DENTALPM INC. 001537 DENTALPM INC. 001537 DENTALPM INC. 001537 DENTALPM INC. 001537 DENTALPM INC. 001537 DENTALPM INC. FLAMMER/HURST SEPT DENTAL INC. CURRELL/PARKS COBRA SEPT 001-2340 165-2340 190-2340 193-2340 280-2340 300-2340 330-2340 340-2340 001-1170 001-1180 2,126.00 126.60 386.44 3.38 178.05 16.92 10.37 135.40 51.32 93.36 3,127.84 45202 09/04/97 000255 PRO LOCK & KEY LOCKSMITH SERVICES - PARKS 190-180-999-5212 45202 09/04/97 000255 PRO LOCK & KEY LOCKSMITH SERVICES - PARKS 190-180-999-5212 129.30 258.60 387.90 45203 09/04/97 002483 PRO TECH SERVICES CHECK AND REPAIR POOL HEATING 190-182-999-5212 96.85 96.85 45204 09/04/97 002402 R J WILLIAMS BUILD/INSTALL DRAWER @ COUNTER 001-161-999-5242 160.00 160.00 45205 09/04/97 002072 RANCHO CALIF WATER DIST FINAL PLAN CK & INSPECTION 210-190-626-5804 669.29 669.29 45206 09/04/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 45206 09/04/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 45206 09/04/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 3,301.09 62.78 8,160.62 11,524.49 45207 09/04/97 000426 RANCHO INDUSTRIAL SUPPL MISC JANITORIAL SUPPLIES 190-180-999-5212 32.99 32.99 45208 09/04/97 REDLANDS POLICE DEPARTM 2 SRO TRAIN BARBA & WITTENBERG 001-170-999-5261 750.00 750.00 45209 09/04/97 RIALTO, CITY OF TAX INITIATIVErS WRKSHP 9/19 190-180-999-5258 40.00 40.00 45210 09/04/97 002412 RICHARDS, WATSON & GERS JULY 97 LEGAL SERVS-RDA 45210 09/04/97 002412 RICHARDS, WATSON & GERS JULY 97 LEGAL SERVS-RDA 280-199-999-5246 165-199-999-5246 2,388.25 140.00 2,528.25 45211 09/04/97 001592 RIVERSIDE CO. INFORMATI EMERG. RADIO RENTAL CODE ENFOR 001-162-999-5238 155.91 155.91 45212 09/04/97 ROUSSEAU, ELBERT REFUND: LAUGHLIN TURNAROUND 190-183-4986 25.00 25.00 VOUCHRE2 CITY OF TEMECULA 09/04/97 15:14 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 45213 09/04/97 SAN DIEGO CONVENTION & MEMBERSHIP FOR GLORIA WOLNICK 280-199-999-5226 450.00 450.00 45214 09/04/97 002670 SCHNEIDER-LJUBENKOV, JU TCSD INSTRUCTOR EARNINGS 190-183-999-5330 172.80 45214 09/04/97 002670 SCHNEIDER-LJUBENKOV, JU TCSD INSTRUCTOR EARNINGS 190-183-999-5330 358.40 45214 09/04/97 002670 SCHNEIDER-LJUBENKOV~ JU TCSD INSTRUCTOR EARNINGS 190-183-999-5330 432.00 963.20 45215 09/04/97 002451 SKYTEC JUNE PRGSS:CITY MAINT FACILITY 210-190-144-5804 7,133.20 45215 09/04/97 002451 SKYTEC JUNE PRGSS PMT RETENTION 210-2035 1,153.40- 45215 09/04/97 002451 SKYTEC JUNE PRGSS:CITY MAINT FACILITY 210-190-144-5804 4,400.82 45215 09/04/97 002451 SKYTEC RELEASE STOP NOTICE:AZCRAFT 210-2035 23,186.00 45215 09/04/97 002451 SKYTEC CITY MAINT FAC RETENTION REL 210-2035 88,533.95 45215 09/04/97 002451 SKYTEC REL STOP NOTICE:W.DEAN DAVIDSO 210-2038 650.00 45215 09/04/97 002451 SKYTEC RELEASE STOP PMT:AMER FENCE 210-2038 32,216.00 45215 09/04/97 002451 SKYTEC RELEASE STP NOTCE:FAST BACKHOE 210-2038 3,527.13 45215 09/04/97 002451 SKYTEC RELEASE STOP PMT:EAST BROTHERS 210-2038 23,656.22 45215 09/04/97 002451 SKYTEC STOP NOTICE:TODD PIPE & SUPPLY 210-2038 5,012.39- 45215 09/04/97 002451 SKYTEC STOP NOTICE:W.DEAN DAVIDSON 210-2038 650.00- 45215 09/04/97 002451 SKYTEC STOP NOTICE FROM:AMER FENCE CO 210-2038 32,216.00- 45215 09/04/97 002451 SKYTEC STOP NOTICE FROM:AZCRAFT SERVS 210-2038 23,186.00- 45215 09/04/97 002451 SKYTEC STOP NOTICE:EAST BROTHERS LDSP 210-2038 23,656.22- 45215 09/04/97 002451 SKYTEC REC'D NEW STOP NOTICE:AZCRAFT 210-2035 19,786.00- 45215 09/04/97 002451 SKYTEC CITY MAINT FAC:WARRANTY RETNTN 210-2035 14,603.39- 63,039.92 45216 09/04/97 000645 SMART & FINAL, INC. DAY CAMP SUPPLIES 190-183-999-5340 44.96 44.96 45217 09/04/97 000537 SOUTHERN CALIF EDISON 2-02-351-4946 6TH STREET 190-181-999-5240 1,354.53 45217 09/04/97 000537 SOUTHERN CALIF EDISON 2-00-397-5042 CITY HALL 340'199'701'5240 6,162.18 45217 09/04/97 000537 SOUTHERN CALIF EDISON 2-00-397-5067 VARIOUS METERS 193-180-999-5240 820.96 45217 09/04/97 000537 SOUTHERN CALIF EDISON 2'02'502-8077 CITY HALL 340'199'702'5240 1,351.29 9,688.96 45218 09/04/97 STEPHENSON, BEVERLY REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 45219 09/04/97 STEVENS, KIMBERLY REFUND: COOKIE MONSTER/CHEF'S 190-183-4980 14.00 14.00 45220 09/04/97 STEMART, LISA REFUND:WELCOME TO THE INTERNET 190-183-4982 22.00 22.00 45221 09/04/97 000305 TARGET STORE MISC SUPPLIES FOR PW/ENG 001-163-999-5242 80.67 45221 09/04/97 000305 TARGET STORE MISC SUPPLIES FOR PW/ENG 001-164-604-5220 69.01 149.68 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 568.28 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 165-2125 2.46 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 82.00 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 191-2125 1.03 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 192-2125 2.05 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 14.35 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 194-2125 3.07 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 280-2125 7.79 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 20.50 45222 09/04/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 330-2125 15.97 717.50 45223 09/04/97 000700 TEMECULA ARTS COUNCIL 97/98 COMM SERVICE FUNDING 001-101-999-5286 22,000.00 22,000.00 VOUCNRE2 09/04/97 15:14 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 45224 09/04/97 TEMECULA RODEO PAGEANT REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 45225 09/04/97 45226 09/04/97 45226 09/04/97 45226 09/04/97 45226 09/04/97 45226 09/04/97 45226 09/04/97 000312 000642 000642 000642 000642 000642 000642 TEMECULA VALLEY PLAYHOU TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE 97/98 COMM SERVS FUNDING EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX 001-101-999-5287 001-1020 165-1020 190-1020 280-1020 300-1020 320-1020 15,000.00 4,103.70 391.25 476.66 568.75 10.00 416.66 15,000.00 5,967.02 45227 09/04/97 45227 09/04/97 45227 09/04/97 45227 09/04/97 45227 09/04/97 45227 09/04/97 002107 002107 002107 002107 002107 002107 TRANS-GENERAL LIFE INS. 002107 TRANS-GENERAL LIFE INS. 002107 TRANS-GENERAL LIFE INS. 002107 TRANS-GENERAL LIFE INS. 002107 TRANS-GENERAL LIFE INS. 002107 TRANS-GENERAL LIFE INS. 002107 VL ADVAN VOL LIFE VOL LIFE VOL LIFE VOL LIFE VOL LIFE 001-2510 001-2510 165-2510 190-2510 280-2510 340-2510 222.35 167.50 5.51 39.85 5.49 4.00 444.70 45228 09/04/97 45228 09/04/97 45228 09/04/97 45228 09/04/97 45228 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45229 09/04/97 45230 09/04/97 45230 09/04/97 45230 09/04/97 45230 09/04/97 45230 09/04/97 45230 09/04/97 45231 09/04/97 45231 09/04/97 45231 09/04/97 45231 09/04/97 45231 09/04/97 45231 09/04/97 45231 09/04/97 45231 09/04/97 45231 09/04/97 000459 000459 000459 000459 000459 001065 001065 001065 001065 001065 001065 001065 001065 001065 001065 000389 000389 000389 000389 000389 000389 002702 002702 002702 002702 002702 002702 002702 002702 002702 TUMBLE JUNGLE FITNESS/G TUMBLE JUNGLE FITNESS/G TUMBLE dUNGLE FITNESS/G TUMBLE JUNGLE FITNESS/G TUMBLE JUNGLE FITNESS/G U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S C N /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS U S POSTAL SERVICE:CMRS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 001065 DEF COMP 001065 DEF COMP 001065 DEF CONP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 340-2160 001-110-999-5230 001-120-999-5230 001-162-999-5230 190-180-999-5230 001-171-999-5230 001-140-999-5230 001-150-999-5230 001-161-999-5230 001-164-604-5230 408.00 285.60 204.00 277.20 400.00 3,524.54 181.51 1,074.31 .75 6.25 85.63 348.15 4.49 562.50 1.50 706.12 56.42 1,365.26 14.86 41.30 52.20 53.20 159.27 71.96 208.57 1.47 309.41 270.24 739.38 485.14 1,574.80 5,789.63 2,236.16 VOUCHRE2 09/04/97 VOUCHER/ CHECK NUMBER 45231 45232 45232 45232 45233 45233 45234 45234 45234 45234 45234 45235 45236 45236 45237 15:14 CHECK DATE 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 09/04/97 VENDOR NUMBER 002702 000325 000325 000325 000326 000326 002566 002566 002566 002566 002566 000332 VENDOR NAME U S POSTAL SERVICE:CMRS UNITED WAY UNITED WAY UNITED WAY UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS VANDORPE CHOU ASSOCIATI VINTAGES & VINEGAR VINTAGES & VINEGAR YUM, DONGHAE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION POSTAGE METER DEPOSIT 000325 UW 000325 UW 000325 UW FLOOR MAT RENTAL @ CITY HALL FLOOR MAT RENTAL @ CITY HALL INTEL PENTIUM-133 MHZ SALES TAX MISC COMPUTER SUPPLIES PC WORKSTATION SALES TAX PLAN CK:TRACT 21430-1 24132 97 AWARDS PRGM:KICAK/THORNHILL 97 AWARDS PRGM:KICAK/THORNHILL REFUND: MYSTERY OVERNIGHTER ACCOUNT NUMBER 280-199-999-5230 001-2120 165-2120 190-2120 340-199-701-5250 340-199-701-5250 001-170-999-5604 001-170-999-5604 320-199-999-5221 320-1970 320-1970 001-162-999-5248 001-161-999-5260 001-164-604-5260 190-183-4980 ITEM AMOUNT 456.92 97.00 5.00 17.00 99.30 150.00 1,325.00 102.69 268.30 2,464.00 190.96 2,547.10 25.00 15.00 20.00 PAGE 10 CHECK AMOUNT 2,755.56 119.00 249.30 4,350.95 2,547.10 40.00 20.00 TOTAL CHECKS 333,090.97 VOUCHRE2 09/11/97 11:49 CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOI~/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROd FUND REDEVELOPMENT AGENCY - INFORMATION SYSTEMS SUPPORT SERVICES FACiLITiES AMOUNT 102,689.94 14,927.00 21,241.63 245.61 23,580.75 4,969.70 225.13 2,000.00 2,017.79 792.95 2,928.87 TOTAL 175,619.37 VOUCHRE2 09/11/97 11: 49 VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAME 45238 09/09/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIDOS ITEM DESCRIPTION CSL SPECIAL DEPOSIT FUN ADVERTISING:CSL PROGRAM BOOK 45239 09/09/97 000596 LEAGUE OF CAL. CITIES 45239 09/09/97 000596 LEAGUE OF CAL. CITIES 09/09/97 001717 CALIFORNIA TRADE AND CO 45240 970904 09/04/97 000166 FIRST AMERICAN TITLE CO 45243 09/11/97 002038 45243 09/11/97 002038 45244 09/11/97 001323 45244 09/11/97 001323 45245 09/11/97 001950 ANNUAL CF:RB/COUNCIL 10/12-14 ANNUAL CF:RB/COUNCIL 10/12-14 EDC SPONSOR @NACORE EXPOSITION 1ST HOMEBUYER PROGRAM:NOTEBOOM ACTION POOL & SPA SUPPL AUG POOL MAINT SUPPLIES - REC ACTION POOL & SPA SUPPL AUG POOL MAINT & SUPPLIES-TES ARROWHEAD WATER, INC. ARROWHEAD WATER, INC. DRINKING WATER FOR CITY HALL DRINKING WATER FOR CRC BECHTEL MAINTENANCE SER WINDOW CLEANING - CITY HALL 45246 09/11/97 002541 BECKER, WALTER KARL 45246 09/11/97 002541 BECKER, WALTER KARL 45246 09/11/97 002541 BECKER, WALTER KARL 45247 09/11/97 000370 EMERGENCY FENCE REPAIR ADDITIONAL FENCE REPLACEMENT INSTALL AIR COMPRESSOR/MNT FAC BIRDSALL, PATRICIA REIMB:LEAGUE CF EXP. 7/23-25 45248 09/11/97 BURCH, ZANNA REFUND:TINY TOTS 45249 09/11/97 CAIN, JOYCE J. 45250 09/11/97 000126 45250 09/11/97 000126 45250 09/11/97 000126 45250 09/11/97 000126 45250 09/11/97 000126 45250 09/11/97 000126 45251 09/11/97 000135 45252 09/11/97 001195 45252 09/11/97 001195 45253 09/11/97 45254 09/11/97 001326 45255 09/11/97 000442 45255 09/11/97 000442 45255 09/11/97 000442 45256 09/11/97 002631 45257 09/11/97 REFUND:DOG OBEDIENCE CALIFORNIA LANDSCAPE HA CiTY HALL - TREE TRIMMING CALIFORNIA LANDSCAPE HA CITY HALL TREE TRIMMING CALIFORNIA LANDSCAPE HA VILLAGES-SPRAY CHANNEL WEEDS CALIFORNIA LANDSCAPE MA VINTAGE HILLS-REMOVE DEAD TREE CALIFORNIA LANDSCAPE MA VINTAGE HILLS-PLANT (2)TREES CALIFORNIA LANDSCAPE MA R.HIGHLANDS-PRUNE TREES CENTRAL CITIES SIGN SER FOUR BIKE TRAIL SIGNS CENTRAL SECURITY SERVIC SEPT ALARM SVC - SENIOR CTR CENTRAL SECURITY SERVIC SEPT ALARM MONITORING SVC/CRC CHESHER, RUTH REFUND:LIVE T.V. SHOW TAPING CHULA VISTA, CITY OF CCPA TRAINING FUND-CITYS SHARE COMPUTER ALERT SYSTEMS COMPUTER ALERT SYSTEMS COMPUTER ALERT SYSTEMS QTRLY MONITORING SVC/CITY HALL QTRLY MONITORING SVC/MAINT FAC QTRLY MONITORING SERVICE/TCC COUNTS UNLIMITED, INC. TRAFFIC COUNT CENSUS CUENCA, RODEL REFUND:KINDERGARTEN ART ACCOUNT NUMBER 001-100-999-5254 001-110-999-5258 001-100-999-5258 280-199-999-5270 165-199-999-5449 190-183-999-5310 190-180-999-5212 340-199-701-5240 190-182-999-5240 340-199-701-5212 001-164-601-5402 001-164-601-5402 001-164-601-5610 001-100-999-5258 190-183-4980 190-183-4982 340-199-701-5415 340-199-701-5415 193-180-999-5415 193~180-999-5415 193-180-999-5415 193-180-999~5415 190-180-999-5244 190-181-999-5250 190-182-999-5250 190-183-4980 001-150-999-5261 340-199-701-5250 340-199-702-5250 190-184-999-5250 001-164-602-5406 190-183-4982 ITEM AMOUNT 100.00 250.00 1,000.00 2,000.00 9,800.00 31.19 117.44 256.59 42.60 350.00 840.00 500.00 2,500.00 435.12 3.00 65.00 120.00 175.00 426.25 124.00 94.00 200.00 310.32 45.00 50.00 5.00 74.01 210.00 135.00 210.00 4,396.00 31.50 PAGE 1 CHECK AMOUNT 100.00 1,250.00 2,000.00 9,800.00 148.63 299.19 350.00 3,840.00 435.12 3.00 65.00 1,139.25 310.32 95.00 5.00 74.01 555.00 4,396.00 31.50 VOUCHRE2 09/11/97 11:49 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 45258 09/11/97 002901 45258 09/11/97 002901 45258 09/11/97 002901 45259 09/11/97 45259 09/11/97 45260 09/11/97 45261 09/11/97 45262 09/11/97 000518 45263 09/11/97 45264 09/11/97 002466 45265 09/11/97 001380 45265 09/11/97 001380 VENDOR NAME CUSTOM MICROFILM, INC CUSTOM MICROFILM, INC CUSTOM MICROFILM, INC 001393 DATA TICKET, INC. 001393 DATA TICKET, INC. DEBUS, DENISE M. DEL MAR, LAURA DEL RIO CARE ANIMAL HOS DIETRICH, DONNA DOVER ELEVATOR COMPANY 45266 09/11/97 002917 45267 09/11/97 000165 45267 09/11/97 000165 45267 09/11/97 000165 45268 09/11/97 002918 45269 09/11/97 002894 45269 09/11/97 002894 45270 09/11/97 000184 45270 09/11/97 000184 45270 09/11/97 000184 45270 09/11/97 000184 45270 09/11/97 000184 45270 09/11/97 000184 45271 09/11/97 45272 09/11/97 002141 45272 09/11/97 002141 4527~ 09/11/97 000481 45273 09/11/97 000481 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS 45274 09/11/97 001609 45275 09/11/97 45276 09/11/97 000186 ITEM DESCRIPTION FUJI MICROFILM SUPER HR-21 FREIGHT SALES TAX JULY PARKING CIT PROCESSING JULY PARKING CIT PROCESSING REFUND:BEGINNING TENNIS REFUND:LiVE T.V. SHO~ TAPING POLICE K-9 MEDICAL TREATMENT REFUND:LIVE T.V. SHOW TAPING SEPT ELEVATOR SVC/MAINTENANCE E S I EMPLOYMENT SERVIC TEMP HELP W/E 8/01 d. DIAZ E S I EMPLOYMENT SERVIC EDWARDS CINEMA FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FLORES, GWYN FONTES, JOHNSON & ASSOC FONTES, JOHNSON & ASSOC G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM GEIGER, SHIRLEY GEIS, PAUL GEIS, PAUL GEOTECHNICAL & ENVIRONM GEOTECHNICAL & ENVIRONM GREATER ALARM COMPANY, HAFELI, THOMAS HANKS HARDWARE, INC. TEMP HELP W/E 8/15 J. DIAZ TICKETS-EMPLOYEE RECOGNITION EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES REIMB:ARMA CF:7/30-8/I SANJOSE RESIDENTIAL REVIEW APPRAISALS RESIDENTIAL REVIEW APPRAISALS 909 308-1079:GENERAL USAGE 909 506-2626:TEM.POLICE DEPT 909 506-9269:FIREWORKS 909 695-1409:GENERAL USAGE 909 695-3539:C0PT CITY OFFICE 909 699-2309:C0PT CITY OF TEM REFUND:LIVE T.V. SHOW TAPING MOTORCYCLE REPAIR POLICE DEPT MOTORCYCLE REPAIR POLICE DEPT AUG PROF SERVICES/PUJOL STREET AUG PROF SERVICES/PUJOL STREET TROUBLE SHOOT ALM SYS/SKATE PK REFUND:LIVE T.V. SHOW TAPING SPORT SUPPLIES ACCOUNT NUMBER 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-140-999-5250 001-170-999-5250 190-183-4982 190-183-4986 001-170-999-5327 190-183-4986 340-199-701-5212 001-140-999-5118 001-140-999-5118 001-150-999-5265 165-199-999-5250 001-150-999-5230 001-162-999-5230 001-120-999-5277 165-199-999-5250 165-199-999-5250 320-199-999-5208 001-170-999-5208 190-180-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-183-4986 001-170-~-5214 001-170-999-5214 165-199-999-5250 165-199-999-5250 190-180-999-5212 190-183-4986 190-183-999-5380 ITEM AMOUNT 105.60 5.00 8.18 149.50 149.50 26.00 8.00 11.92 16.00 195.00 825.02 1,8T~.69 425.00 18.00 9.50 41.00 66.07 400.00 300.00 53.64 287.15 26.83 82.97 39.38 36.74 16.00 50.00 100.00 1,231.00 1,500.00 75.00 16.00 220.07 PAGE 2 CHECK AMOUNT 118.78 299.00 26.00 8.00 11.92 16.00 195.00 2,698.71 425.00 68.50 66.07 700.00 526.71 16.00 150.00 2,731.00 75.00 16.00 VOUCHRE2 09/11/97 VOUCHER/ CHECK NUMBER 45276 45276 45276 45276 45277 45277 45278 45279 45280 45280 45281 45282 45282 45282 45283 45284 45284 45284 45284 45285 45286 45287 45288 45288 45289 45290 45291 45291 45292 45293 45294 45294 45294 11:49 CHECK DATE 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NUMBER 000186 000186 000186 000186 002715 002715 002098 001910 OO191O OO1186 002892 002892 002892 001667 001667 001667 001667 001534 001534 000596 VENDOR NAME HANKS HARDWARE, INC. HANKS HARDWARE, INC. HANKS HARDWARE, INC. HANKS HARDWARE, INC. HAZIT/HOLLAR HAZIT/HOLLAR HILTON, MARIA HOUSE OF MOTORCYCLES IKON OFFICE SOLUTIONS, ]KON OFFICE SOLUTIONS, IRWIN, JOHN JACKSON, TRAVIS L. JACKSON, TRAVIS L. JACKSON, TRAVIS L. KEEN, ICATIE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KENNEDY, DONNA KROSKY, BARBARA KUEHL, JANET ITEM DESCRIPTION MAINTENANCE SUPPLIES/CITY HALL MAINTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES - PARKS MAINTENANCE SUPPLIES/MAINT FAC WEED ABATEMENT - THE POND WINCHESTER CREEK PARKSITE REFUND:LIVE T.V. TAPING REPAIR OF POLICE MOTORCYCLES TONER FOR RICOH FAX MACHINE SALES TAX TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND:BABY GAMES TEMP HELP W/E 7/27 KUHNS TEMP HELP W/E 8/3 KUHNS TEMP HELP W/E 8/24 N. MILES TEMP HELP W/E 8/24 N. MILES REFUND:SELF DEFENSE REFUND:LIVE T.V. TAPING REFUND:TINY TOTS LA MASTERS OF FINE TRAV AIR:R.ROBERTS 10/11-14 LEAGUE LA MASTERS OF FINE TRAV AIR:LINDEMANS:SAVVY AWARD 9/12 LEAGUE OF CAL. CITIES CONF:10/12-14:GREEK & JONES MAGUINE-SIMMS, MIRIAM REFUND: TINY TOTS 00021? MARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 000217 MARGARITA OFFICIALS ASS MARTINEZ, DIANA MARTINEZ, JAN 000220 MAURICE PRINTERS, INC. 000220 MAURICE PRINTERS, INC. 000220 MAURICE PRINTERS, INC. ADULT SOFTBALL OFFICIALS REFUND: SWIMMING LESSONS REFUND: CYSIL TV TAPING CIP DOCUMENT COVERS/TABS/COMBS SALES TAX CIP DOCUMENT COVERS/TABS/COMBS ACCOUNT NUMBER 340-199-701-5212 190-182-999-5212 190-180-999-5212 340-199-702-5212 190-180-999-5415 190-180-999-5415 190'183'4986 001-170-999-5214 330-199-999-5220 330'199'999-5220 190'183'999'5330 190-183-999-5330 190-183-99~-5330 190-183-999-5330 190-183-4982 330-199-999'5118 330-199-999-5118 001-163-999-5118 001-164-604-5118 190-183-4982 190-183-4986 190-183-4980 001-100-999-5258 001-100-999-5258 001-120-999-5258 190-183-4980 190-183-999-5380 190-183-999-5380 190-183-4975 190-183-4986 001-140-999°5222 001-140-999-5222 001-140-999°5222 ITEM AMOUNT 23.17 40.10 401.83 40.52 150.00 325.00 24. O0 4.78 93.69 15.26 216.00 112.00 56. O0 112.00 29.00 114.00 570. O0 91.00 273. O0 40.00 24. O0 3.00 118.00 199.00 500.00 3.00 3,410.00 233.20 25.00 8.00 135.00 10.46 135.00 PAGE 3 CHECK AMOUNT 725.69 475.00 24.00 4.78 108.95 216.00 280.00 29.00 1,048.00 40.00 24.00 3.00 317.00 5OO.OO 3.00 3,643.20 25.00 8.00 VOUCHRE2 09/11/97 11: 49 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 45294 09/11/97 000220 45294 09/11/97 000220 45294 09/11/97 000220 MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. SALES TAX CIP DOCUMENT COVERS/TABS/COMBS SALES TAX 001-140-999-5222 10.46 001-140-999-5222 418.00 001-140-999-5222 32.40 741.32 45295 09/11/97 MCCLURE~ MICHELE REFUND: SWIMMING LESSONS 190-183-4975 25.00 25.00 45296 09/11/97 MEADOWS, HELEN REFUND: CYBIL TV TAPING 190-183-4986 8.00 8.00 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 00138/, MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 65297 09/11/97 001384 MINUTEMAN PRESS 65297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS 45297 09/11/97 001384 MINUTEMAN PRESS QTY 7000 ENVELOPES - CITY OTY 5000 LETTERHEAD - CITY GTY 1500 BLANK STATIONARY SALES TAX OFFICE SUPPLIES OFFICE SUPPLIES SALES TAX QTY 1500 ENVELOPES - CITY QTY 1500 LETTERHEAD - CITY QTY 500 BLANK STATIONARY -CITY QTY 1000 FOIL ENVELOPES - CITY QTY 1000 FOIL LETTERHEAD- CITY SALES TAX OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SALES TAX QTY 6000 ENVELOPES - CITY OTY 1500 LETTERHEAD - CITY QTY 2000 BLANK STATIONARY QTY 500 WINDOW ENVELOPES #10 SALES TAX 190-180-999-5222 618.87 190-180-999-5222 298.00 190-180-999-5222 45.72 190-180-999-5222 74.60 001-150-999-5222 486.26 001-150-999-5222 268.20 001-150-999-5222 58.47 001-120-999-5222 132.62 001-120-999-5222 89.40 001-120-999-5222 15.24 001-120-999-5222 244.14 001-120-999-5222 2~4.14 001-120-999-5222 55.45 001-110-999-5222 132.62 001-110-999-5222 89.40 001-110-999-5222 15.24 001-110-999-5222 129.51 001-110-999-5222 124.52 001-110-999-5222 38.07 001-161-999-5222 265.23 001-161-999-5222 89.40 001-161-999-5222 60.96 001-161-999-5222 40.48 001-161-999-5222 35.35 3,641.89 45298 09/11/97 000973 MIRACLE RECREATION EQUI REPAIR/MAINT SUPPLIES-PARKS 45298 09/11/97 000973 MIRACLE RECREATION EQUI FREIGHT 45298 09/11/97 00097'3 MIRACLE RECREATION EQUI SALES TAX 45298 09/11/97 00097~ MIRACLE RECREATION EQUI REPAIR PARTS/BUTTERFIELD PARK 45298 09/11/97 00097-3 MIRACLE RECREATION EQU[ REPAIR PARTS/BUTTERFIELD PARK 45298 09/11/97 000973 MIRACLE RECREATION EQUl FREIGHT 45298 09/11/97 000973 MIRACLE RECREATION EQUI SALES TAX 190-180-999-5212 120.00 190-180-999-5212 60.00 190-180-999-5212 9.30 190-180-999-5212 91.00 190-180-999-5212 10.00 190-180-999-5212 30.00 190-180-999-5212 7.84 328.14 45299 09/11/97 001868 MIYAMOTO-JUROSKY, SUSAN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 176.00 176.00 45300 09/11/97 NOTARDONATO, JOHN REFUND: CYBIL TV TAPING 190-183-4986 16.00 16.00 45301 09/11/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE/REPAIR 45301 09/11/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE/REPAIR 001-165-999-5214 216.61 001-164-601-5214 350.33 566.94 45302 09/11/97 000240 ORANGE COUNTY STRIPING EMERGENCY BARRIER REPAIR 001-164-601-5402 3,185.00 3,185.00 45303 09/11/97 002216 P F C UNLIMITED SICATE PARK SECURITY LIGHTING 190-180-999-5212 130.00 VOUCHRE2 09/11/97 11:49 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 45303 09/11/97 002216 P F C UNLIMITED SALES TAX 190-180-999-5212 10.08 140.08 45304 09/11/97 002800 PACIFIC STRIPING, INC 45304 09/11/97 002800 PACIFIC STRIPING, INC AUG STREET STRIPING SERVICES AUG STREET STRIPING SERVICES 001~164-601-5410 001-164-602-5410 1,495.35 166.15 1,661.50 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET 45305 09/11/97 001561 PAGENET MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL MNTHY PAGING SERV & RENTAL 001-162-999-5238 001-100-999-5238 320-199-999-5238 001-163-999-5238 001-164-601-5238 001-165-999-5238 001-164-604-5238 001-170-999-5238 190-180-999-5238 001-120-999-5238 001-110-999-5238 001-140-999-5238 100.00 25.00 72.45 25.00 25.00 25.00 12.50 87.50 150.00 27.00 35.88 12.50 597.83 45306 09/11/97 PANDZIC, JOHN C/O THE T REFUND:BUS.LICENSE PAID TWICE 001-199-4056 35.00 35.00 45307 09/11/97 PEREZ, JENNIE REFUND: SWIMMING LESSONS 190-183-4982 52.00 52.00 45308 09/11/97 000254 PRESS-ENTERPRISE COMPAN AUG RECRUITMENT ADVERTISING 001-150-999-5254 45308 09/11/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: PW95-12 001-120-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICES: ELECTION 001-120-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: DBE 001-120-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: PA97-0177 001-161-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA97-0142 001-161-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: RECREATION 001-120-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA97-0293 001-161-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA97-0221 001-161-999-5256 45308 09/11/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA97-0274 001-161-999-5256 45309 09/11/97 002110 PRIME EQUIPMENT EQUIPMENT RENTAL - PARKS 190-180-999-5238 924.80 72.85 12.69 20.50 17.25 33.75 24.75 14.50 17.00 15.50 52.99 1,153.59 52.99 45310 09/11/97 000255 PRO LOCK & KEY LOCKSMITH SERVICES - PARKS 190-180-999-5212 45310 09/11/97 000255 PRO LOCK & KEY LOCKSMITH SERVICES - CRC 190-182-999-5212 38.23 65.39 103.62 45311 09/11/97 002612 RADIO SHACK, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 32.31 32.31 45312 09/11/97 002176 RANCHO CALIF BUS PARK A BUSINESS PARK ASSOC. DUES 340-199-701-5226 919.00 919.00 45313 09/11/97 002072 RANCHO CALIF WATER DIST DEPOSIT:FLOATING FIRE HYDRANT 001-164-601-5250 750.00 750.00 45314 09/11/97 000262 RANCHO CALIFORNIA WATER 02-79-10100-1 DIAZ ROAD 190-180-999-5240 45314 09/11/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 45314 09/11/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 45314 09/11/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-182-999-5240 45314 09/11/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-181-999-5240 45314 09/11/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-184-999-5240 45314 09/11/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 70.98 5,708.74 163.09 1,260.56 141.31 375.45 1,734.17 VOUCHRE2 09/11/97 11:49 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 45314 09/11/97 000262 45314 09/11/97 000262 45314 09/11/97 000262 45314 09/11/97 000262 45314 09/11/97 000262 45315 09/11/97 002073 45316 09/11/97 001046 45317 09/11/97 002412 45318 09/11/97 45319 09/11/97 000418 45320 09/11/97 000411 45321 09/11/97 000268 45322 09/11/97 45323 09/11/97 45324 09/11/97 000499 45325 09/11/97 45326 09/11/97 45327 09/11/97 000403 45328 09/11/97 45329 09/11/97 000519 45330 09/11/97 000537 45330 09/11/97 000537 45331 09/11/97 000168 45332 09/11/97 002916 45333 09/11/97 000311 45334 09/11/97 000306 45335 09/11/97 45336 09/11/97 002915 45336 09/11/97 002915 VENDOR NAME RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALI FORN iA WATER RANCHO CALIFORNIA WATER RESOURCE GROUP, THE REXON, FREEDMAN, KLEPET RICHARDS, WATSON & GERS RIVADENEIRA, MELINDA RIVERSIDE CO. CLERK & R RIVERSIDE CO. FLOOD CON RIVERSIDE CO. HABITAT ROBINSON, JAMES ROWANS, V. I. SCCCA SAM, ANNE SHANKEN, EVELYN SHAWN SCOTT POOL & SPA SILVERMAN, PHYLLIS SOUTH COUNTY PEST CONTR SOUTHERN CAL1F EDISON SOUTHERN CALIF EDISON TEMECULA FLOWER CORRAL TEMECULA SECURITY FENCI TEMECULA VALLEY HIGH SC TEMECULA VALLEY PIPE & TERFANSKY, ROSLYN TERRY~S ONE HOUR PHOTO TERRYrS ONE HOUR PHOTO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS ANNEXATION STUDY REDHAWK/VAIL AUG PROF LEGAL SERVS JULY 97 LEGAL SERVS REFUND: BABY GAMES FILING FEE:MARGARITA COM PRK WESTRN BYPASS ADMIN SERVICES K-RAT FEES COLLECTED FOR AUGUS REFUND: CYBIL TV TAPING REFUND: CYBIL TV TAPING CITY CLRK MTG:JONES-GREEK:9/18 REFUND: CYBIL TV TAPING REFUND: CYBIL TV TAPING AUG POOL MAINT-TEM ELEMENTARY REFUND: CYBIL TV TAPING AUG PEST CONTROL SVCS - SR CTR 2-01-202-7330 STREET LIGHTS 66-77-795-8063-01 6TH STREET SUNSHINE FUND RESIDENTIAL IMPRVMNT:TRUJILLO DOUBLE BUSINESS CARD AD IRRIGATION/MAINTENANCE SUPPLY REFUND: CYBIL TV TAPING FILM & PHOTO DEVELOPING FILM & DEVELOPING SERVICES ACCOUNT NUMBER 190-184-999-5240 190-180-999-5240 191-180-999-5240 193-180-999-5240 340-199-701-5240 001-161-999-5248 001-130-999-5247 165-199-999-5246 190-183-4982 190-180-999-5224 210-165-612-5802 001-2300 190-183-4982 190-183-4986 001-120-999-5260 190-183-4986 190-183-4986 190-180-999-5212 190-183-4986 190-181-999-5250 192-180-999-5319 001-164-603-5240 001-2170 165-199-813-5804 001-100-9<29-5254 190-180-999-5212 190-183-4986 001-162-999-5250 001-162-999-5250 iTEM AMOUNT 11.34 4,146.46 82.52 2,391.28 504.59 10,900.00 105.00 128.00 29.00 78.00 225.13 60,950.00 16.00 16.00 50.00 8.00 16.00 610.00 16.00 29.00 23,580.75 329.55 86.74 1,550.00 185.00 5.69 16.00 10.49 41.23 PAGE 6 CHECK AMOUNT 16,590.49 10,900.00 105.00 128.00 29.00 78.00 225.13 60,950.00 16.00 16.00 50.00 8.00 16.00 610.00 16.00 29.00 23,910.30 86.74 1,550.00 185.00 5.69 16.00 51.72 VOUCHRE2 09/11/97 VOUCHER/ CHECK NUMBER 45337 45338 45339 45340 45340 45340 45340 45340 45340 45340 45340 45340 45341 45342 45342 45343 45343 45343 45343 45343 45343 45344 45345 45346 45346 11:49 CHECK DATE 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 09/11/97 VENDOR NUMBER 000320 002621 002621 002621 002621 002621 002621 002621 002621 002621 002576 002566 002566 001209 001209 001209 001209 001209 001209 000339 002741 002741 VENDOR NAME TOCHENY, PEGGY TOWNE CENTER STATIONERS TURNER, KEN UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. URBAN DESIGN STUDIO VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS VAULT INC., THE VAULT INC., THE VAULT INC., THE VAULT INC., THE VAULT INC., THE VAULT INC., THE VERANO, ROXANA WEST PUBLISHING COMPANY ZELLERBACH, A MEAD COMP ZELLERBACH, A MEAD COMP CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND: CYBIL TV TAPING OFFICE SUPPLIES REFUND: CYBIL TV TAPING 5305001995902 JS 5305001995894 RR 5305001995910 RB 5305001995993 JG 5305001995936 GR 5305001995985 GY 5305001995985 GY 5305001995985 GY 5305001995969 GT JULY DESIGN SERVS-CITYWIDE LASERJET PRINTER SALES TAX DATA STORAGE CART CTNR - T20 MICROBOX ARCHIVAL APERTURE CARD BOX ARCHIVE LEASED CTNR/INSERT CONTAINER MICROBOX ~648 LEASED CTNR APERTURE CARO BOX ~ REFUND: SWIMMING LESSONS CITY HALL LEGAL PUBLICATIONS ACID FREE PAPER SALES TAX ACCOUNT NUMBER 190-183-4986 001-164-604-5220 190-183-4986 001-100-999-5258 001-100-999-5258 001-110-999-5262 001-120-999-5258 001-140-999-5260 001-150-999-5260 001-150-999-5265 001-150-999-5226 001-161-999-5258 001-161-999-5248 320-199-999-5242 320-199-999-5242 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 190-183-4982 001-120-999-5228 001-120-999-5220 001-120-999-5220 ITEM AMOUNT 8.00 338.43 16.00 57.47 444.74 111.70 283.80 54.36 42.97 53.31 75.00 18.00 500.00 1,578.00 122.30 363.66 11.04 36.80 44.00 6.00 20.00 47.00 109.26 928.00 71.92 PAGE 7 CHECK AMOUNT 8.00 338.43 16.00 1,141.35 500.00 1,700.30 481.50 47.00 109.26 999.92 TOTAL CHECKS 175,619.37 VOUCHRE2 09/11/97 15:15 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP INFORMATION SYSTEMS 340 FACILITIES AMOUNT 18,690.20 23,544.05 987.00 20,334.00 6,185.26 6,344.88 5,309.92 496.00 TOTAL 81,891.31 VOUCHRE2 09/11/97 VOUCHER/ CHECK NUMBER 45349 45349 45349 45349 45349 45349 45349 45349 45349 45349 45349 45349 45349 45349 45349 45349 45350 45351 45351 45352 45352 45353 45354 45355 45355 15:15 CHECK DATE 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 09/23/97 VENDOR NUMBER 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 000126 002900 000754 000754 001056 001056 002695 002499 002566 002566 VENDOR NAME CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE NA CALIFORNIA LANDSCAPE HA CALIFORNZA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE NA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA DANIEL, MANN, JOHNSON ELLIOTT GROUP, THE ELLIOTT GROUP, THE EXCEL LANDSCAPE EXCEL LANDSCAPE J A S PACIFIC CONSULTIN L D KING, INC. VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 1/2 PMT AUG LDSC MAINT-PARKS 1/2 PMT AUG LDSC MAINT-S.CENTE 1/2 PMT AUG LDSC MAINT-CRC 1/2 PMT AUG LDSC MAINT-TCC 1/2 PMT AUG LDSC MAINT-MEDIANS 1/2 PMT AUG LDSC MAINT-SLOPES 1/2 PMT AUG LDSC MAINT-C.HALL 1/2 PMT AUG LDSC MAINT-M.FAC. 1/2 PMT AUG LDSC MAINT PARKS 1/2 PMT AUG LDSC MAINT PARKS 1/2 PMT AUG LDSC MAINT PARKS 1/2 PMT AUG LDSC MAINT PARKS 1/2 PMT AUG LDSC MAINT PARKS I/2 PMT AUG LDSC MAINT PARKS CREDIT:JUN LDSC SERVICES CREDIT:JUN LDSC SERVICES JUL PROF SRVCS-WINCH/YNEZ RD LDSC PLAN REVIEW - PLANNING LDSC PLAN REVIEWS - PLANNING AUG LDSC MAINT - PARKS AUG LDSC MAINT - SLOPES AUG TEMP HELP INSPECTOR:LEONAR AUG PROF SRVCS-WINCHESTER/I-15 PC WORKSTATION SALES TAX ACCOUNT NUMBER 190-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 191-180-999-5415 193-180-999-5415 340-199-701-5415 340-199-701-5415 190-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 191-180-999-5415 193-180-999-5415 190-180-999-5415 190-182-999-5415 210-165-683-5802 001-161-999-5250 001-161-999-5250 190-180-999-5415 193-180-999-5415 001-162-999-5118 280-199-602-5801 320-1970 320-1970 ITEM AMOUNT 8,625.00 123.00 796.50 162.50 493.50 5,760.50 248.00 248.00 8,625.00 123.00 796.50 162.50 493.50 5,760,50 4,592.00- 238.95- 6,185.26 7,544.00 4,906.00 8,961.00 8,813.00 6,240.20 6,344.88 4,928.00 381.92 PAGE 1 CHECK AMOUNT 27,587.05 6,185.26 12,450.00 17,774.00 6,240.20 6,344.88 5,309.92 TOTAL CHECKS 81,891.31 ITEM 4 APPROVAl {~,~ CITY ATTORNEY FINANCE DIRECTORate.- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Accept Substitute Faithful Performance Securities for Parcel Maps No. 21797 and 23822 (Easterly side of Front Street Northerly of Rancho California Road). PREPARED BY: ~.~Ronald J. Parks, Principal Engineer - Land Development ~Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the substitute Faithful Performance Securities for minor Public Improvements in Parcel Maps No. 21797 and 23822, AUTHORIZE the release of the Faithful Performance Bonds, and DIRECT the City Clerk to so advise the Clerk of the Board of Supervisors, Developer and Surety. BACKGROUND: The Riverside County Board of Supervisors approved Parcel Map No. 21797 on June 14, 1988, and entered into subdivision agreement with: Kaiser Development Company, a California Corporation (27755 Ynez Road, Suite 202 Temecula, CA 92591) Accompanying the agreement was faithful performance surety bond posted by Lumbermens Mutual Casualty Company as follows: Bond No. 3S 686 269 00 in the amount of $18,000 for installation of sidewalks and street lighting The Board of Supervisors approved Parcel Map No. 23822 on November 7, 1989 and entered into subdivision agreement with: Bedford Development Company, a California Corporation (27555 Ynez Road, Ste. 202 Temecula, CA 92591) ]. R:\AG DRPT~97\0923\PM21797.238 for the improvement of sidewalks and street lights. Accompanying the subdivision agreement was faithful performance surety bond posted by Lumbermens Mutual Casualty Company as follows: Bond No. 3S 740 583 00 in the amount of $5,500 for installation of sidewalk and street lighting. Parcel Map No. 23822 is a re-subdivision of all of Parcels 1 and 2 of Parcel Map No. 21797, therefore only Parcel 3 remains of the parent Parcel Map No. 21797. The County required that the improvement responsibilities be shared between the two parcel map developments and the collective faithful performance security amount ($23,500) represents the estimated cost of remaining improvements for the shared frontages. Sidewalk and street light installation responsibilities remain in part or in total and will be accomplished when the remaining parcels are developed or a resubdivision occurs to fit developmental plans. ZKS Real Estate Partners, LLC (ZKS), successors to Kaiser Development and its successor companies, is replacing outstanding improvement securities with surety bonds on some projects and, in this instance, with cash deposits posted with the City of Temecula, in order to close out commitments previously made by Aetna Casualty & Surety Co., Butterfield Financial, and Lumbermens Mutual Casualty Company. ZKS has replaced the two surety bond commitments with cash deposits. Therefore it is Staff's recommendation that the following Lumbermens Mutual Casualty Company faithful performance bonds be authorized for release: Bond No. 3S 686 269 00 in the amount of $18,000 for installation of sidewalks and street lighting relating to parent Parcel Map No. 21797. Bond No. 3S 740 583 00 in the amount of $5,500 for installation of sidewalks and street lighting relating to Parcel Map No. 23822, a resubdivision of a portion of Parcel Map No. 21797. The affected street, Front Street, although the minor street improvements have not been constructed and therefore are not being accepted at this time, was part of the County Maintained-Road System prior to incorporation on December 1, 1989, and became part of the City Maintained-Street System by succession upon incorporation. FISCAL IMPACT: None AttRchments: Location Map Substitute Securities (On file) R:\AGDRPT~97~0923\PM21797.238 P~C~L 4 Parcel Maps No. 71797 & Loca :ion...Mau NOTE: MAPS NOT TO SCALE ITEM 5 APPROVAl CITY ATTORNEY FINANCE DI RECTO ~-~.. CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 SUBJECT: Accept Subdivision Improvements in Tract No. 24133-1. (Northwesterly corner of Meadows Parkway at Leena Way) PREPARED BY: '~7~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 24133-1, AUTHORIZE initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monumentation and Traffic Signalixzation Mitigation securities, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On March 26, 1991, the City Council approved Tract Map No. 24133-1, and entered into subdivision agreements with: Bedford Development Company, a California Corporation (Now Ki/FKLA Rancho Realty, LLC) for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were Instruments of Credit issued posted by Butterfield Financial Corporation as follows: Faithful Performance in the amount of $1,429,000 for Street and Drainage, and Water and Sewer improvements. Labor and Materials in the amount of $714, 500 for Street and Drainage, and Water and Sewer improvements. 3. In the amount of $47,000 for subdivision monumentation. 4. In the amount of $24,000 for traffic signalization mitigation fees. R:\AGDRPT~97\0923\TR241331 .ACC Public Works Staff has inspected and verified the public improvements. The Eastern Municipal and Rancho California Water Districts have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance Bond amounts to the ten percent (10%) warranty level and initiation of the one- year warranty period. Therefore it is appropriate to reduce the Instrument of Credit amount as follows: Streets and Drainage, and Water and Sewer improvements $1,286,100 The Faithful Performance Warranty will be retained in the amount of: Streets and Drainage, Water and Sewer Improvements $142,900 The subdivision monumentation requirements have been met and Staff therefore recommends release of the following amount: Instrument of Credit in the amount of $47,000 for subdivision monumentation. The traffic signalization mitigation fees have been paid in full and Staff recommends release of the following amount: Instrument of Credit in the amount of $24,000 for traffic signalization mitigation. The affected streets are being accepted into the City Maintained-Street System by City Council Resolution 97- at this time. The streets within the subdivision are Via Nanzo, Via Guerro, Corte Benavente, Corte Ayala, Corte Algete, Corte Logrono, Corte Benisa, and portions of Calle Novelda, Amarita Way and Montelegro Way. FISCAL IMPACT: None Attachment: Location Map R:~AGDRPT~97\0923 \TR241331 .ACC 3 ~ N ?IAG___.__.___.O. ~ -'~ VICINITY MAP / ;,- 68 "~ Project Site Tract No. 24133-! Location Map NOTE: MAPS NOT TO SCALE ITEM 6 APPROVAl I~,~~ ATTORNEY FINANCE DIRECTOR_~______ CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Acceptance of Public Streets into the City Maintained-Street System (Within Tracts No. 24133-1, 4, and F) (Northerly of intersection of Montelegro Way at Pio Pico Road). Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM {WITHIN TRACTS NO. 24131-1, 4, AND F! BACKGROUND: The City Council approved Tract No. 24133-1 on March 26, 1991, Tract No. 24133-4 on May 14, 1991, and Tract No. 24133-F on November 15, 1994, and entered into Subdivision Agreements for construction of street and drainage, and water and sewer system improvements, and subdivision monumentation with Bedford Development Company, a California Corporation, and successor KRDC, Inc. On September 23, 1997, the City Council accepted the public improvements for these tracts. The public streets now being accepted by this action are: Tract No. 24133-1: Corte Benavente, Corte Algete, Corte Logrono, Corte Ayala, Corte Benisa, Via Nanzo, Via Guerro, and portions of Calle Novelda, Amarita Way, and Montelegro Way. Tract No. 24133-4: Corte Salamanca, Calle Jeminez, Corte Avalina, Via Raya, and portions of Amarita Way and Calle Espinosa. R:\AGDRPT~97~,0923 \TR241331.4FM Tract No. 24133-F: Via Rojas, Corte Benitez, Corte Cardin, and portions of Montelegro Way and Corte Almeria. FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachments: Resolution No. 97- with Exhibits "A-B", inclusive. R:\AGDRPT~97\0923 \TR241331.4FM RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINF.!~-STREET SYSTEM (WITHIN TRACTS NO. 24133-1, 24133-4, AND 24133-F) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOL~, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted an offer of dedication of certain lots for street and public utility purposes made by Bedford Development Company, Inc., a California Corporation, with the recordation of Tract Maps No. 24133-1 and 24133-4, and made by KRDC, Inc. with the recordation of Tract Map No. 24133-F; and, WHEREAS, The City of Temecula accepted the improvements within Tracts No 24133-1, 24133-4, and 24133-F on September 23, 1997. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 23rd day of September, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk R:\AGDRPT\97~0923\TR241331.4FM [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23rd day of September, 1997, by the following vote: 0 C OUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: R:\AGDRFr\97\0923 gTR241331.4FM EXHIBIT "A" TO RESOLUTION NO. 97- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Maps No. 24133-1, 24133-4, and 24133-F, and accepting subject public streets into the City Maintained-Street System as described below: A. Those lots described as Lots "A" through "M" inclusive, as shown on Tract Map No. 24133-1, f'ded 25 April 1991, in Book 230 of Maps, Pgs 35-41 Incl., further described as follows: Lot "A" Lot "B" Lot "C" Lot "D" Lot "E" Lot "F" Lot "G" Lot "H" Lot "I" Portion of Montelegro Way, Amarita Way Via Nanzo Portion of Ca!le Novelda Corte Benavente Corte Benisa Corte Algete Corte Logrono Corte Ayala Via Guerro B. Those lots described as Lots "A" through 'F' inclusive, as shown on Tract Map No. 24133-4, ~ed 24 May 1991, in Book 232 of Maps, Pgs 50-56 Incl., further described as follows: Lot "A" Lot "B" Lot 'C" Lot Lot Lot 'F" Portion of Amarita Way Via Raya Portion of Calle Espinosa Corte Salamanca Corte Avalina Calle Jeminez C. Those lots described as Lot "A" through "E" inclusive, as shown on Tract Map No. 24133-F, f'ded 30 November 1994, in Book 252 of Maps, Pgs 1-7 Incl., further described as follows: LOt LOt 'B LOt "C" Lot "D" Lot "E" Portion of Montelegro Way Via Rojas Corte Benitez Portion of Corte AImeria Corte Cardin R:\AGDRPT~97~0923\TR241331.4FM EXI~IB~ "B" TO RESOLUTION NO. 97- SUBJECT ACCEPTANCE -PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: NOTE: MAPS NOT TO SCALE STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED-STREET SYSTEM ITEM 7 APPROVA, CITY ATTORNEY FINANCE DIRECTOR_~ CITY MANAGER '~-, TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~'Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Accept Subdivision Improvements in Tract No. 24133-4. (Northwesterly corner of Meadows Parkway at Leena Way) PREPARED BY: ~/~ Ronald J. Parks, Principal Engineer - Land Development ,~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 24133-4, AUTHORIZE initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On May 14, 1991, the City Council approved Vesting Tract Map No. 24133-4, and entered into subdivision agreements with: Bedford Development Company, a California Corporation (Mesa Homes) (Now KI/FKLA Rancho Realty, LLC) for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were Instruments of Credit issued posted by Butterfield Financial Corporation as follows: Faithful Performance in the total amount of $947,000 ($611,500, $163,000, and $172,500, respectively) for streets and drainage, water, and sewer improvements. Labor and materials in the total amount of $474,000 ($306,000, $81,500, and $86,500, respectively) for streets and drainage, water, and sewer improvements. 3. In the amount of $32,000 for subdivision monumentation. 4. In the amount of $17,400 for traffic signalization mitigation fees. R:\AGDRPT\97~0~23\TR241334.ACC Public Works Staff has inspected and verified the public improvements. The Eastern Municipal and Rancho California Water Districts have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance Bond amounts to the ten percent (10%) warranty level and initiation of the one- year warranty period. Therefore it is appropriate to reduce the Instrument of Credit amount as follows: Streets and Drainage, and Water and Sewer improvements ~852,300 The Faithful Performance Warranty will be retained in the amount of: Streets and Drainage, Water and Sewer Improvements $94,700 The subdivision monumentation requirements have been met and Staff therefore recommends release of the following amount: Instrument of Credit in the amount of $32,000 for subdivision monumentation. The traffic signaliztion mitigation fees hab~ve been paid in full. Therefore Staff recommends the release of the following security: Instrument of Credit in the amount of $17,400 for traffic signalization mitigation. The affected streets are being accepted into the City Maintained-Street System by City Council Resolution 97- at this time. The streets within the subdivision are Via Raya, Calle Jeminez, Corte Avalina, Corte Salamanca, and portions of Calle Espinosa and Amarita Way. FISCAL IMPACT: None Attachment: Location Map R:\AGDRPT~97\0923\TR241334 .ACC ROAD 50 00' CALILE 7O NO 24113-4 VICINITY MAP '00) · 53) 0~ ) Tract No. 24133-4 Location Map NOTE: MAPS NOT TO SCALE ITEM 8 APPROVA, CITY ATTORNEY FINANCE DIRECTOR..~.~----' CITY MANAGER ( ~r~,~. CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 SUBJECT: Accept Subdivision Improvements in Tract No. 24133-F. (Northwesterly corner of Meadows Parkway at Leena Way) PREPARED BY: ,/~onald J. Parks, Principal Engineer - Land Development ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 24133-F, AUTHORIZE initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On November 15, 1994, the City Council approved Final Vesting Tract Map No. 24133-F, and entered into subdivision agreements with: KRDC, Inc. (Now KI/FKLA Rancho Realty, LLC) for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were Surety Bonds posted by Aetna Casualty and Surety Company as follows: Faithful Performance Bond No. 100869980-94-115 in the amount of $490,000 for Street and Drainage improvements. Faithful Performance Bond No. 100869980-94-115 in the amount of $121, 500 for water system improvements. Faithful Performance Bond No. 100869980-94-115 in the amount of $139,500 for sewer system improvements. Subdivision Monument Bond No. 100869980-94-130 In the amount of $17,600 for subdivision monumentation. R:\AGDRPT¥)7\0923 \TR24133 F.ACC o Labor and Materials Bond No. 100869980-94-115 in the total amount of $689,500 ($512,500, $86,000, and $91,000, respectively) for streets and drainage, and water and sewer system improvements Public Works Staff has inspected and verified the public improvements. The Eastern Municipal and Rancho California Water Districts have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance Bond amounts to the ten percent (10%) warranty level and initiation of the one- year warranty period. Therefore it is appropriate to reduce the Faithful Performance security amount as follows: Streets and Drainage, and Water and Sewer improvements $1,240,650 The Faithful Performance Warranty will be retained in the amount of: Streets and Drainage, Water and Sewer Improvements $137,850 The subdivision monumentation requirements have been met and Staff therefore recommends release of the following amount: Instrument of Credit in the amount of $36,000 for subdivision monumentation. The affected streets are being accepted into the City Maintained-Street System by City Council Resolution 97- at this time. The streets within the subdivision are Via Rojas, Corte Cardin, Corte Benitez, and portions of Corte Almeria and Montelegro Way. FISCAL IMPACT: None Attachment: Location Map R:\AGDRPT\97\0923 \TR24133 F.ACC TRACT NO. 24135 VICINITY MAP ~% Tract No. 24133-1' ~ 7_~ocatio_n Man NOTE: MAPS NOT TO SCALE ITEM 9 APPROVAl CITY ATTORNEY FINANCE DIRECT(~R~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager >~ Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Accept Substitute Warranty Bond in Tract No. 24134-2. (Southeasterly corner of Pauba Road at Margarita Road) PREPARED BY: /~ Ronald J. Parks, Principal Engineer - Land Development A~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the substitute Faithful Performance Warranty bond for Public Improvements in Tract No 24134-2, AUTHORIZE the release of the Faithful Performance Warranty bond on file, and DIRECT the City Clerk to so advise the Developer and Sureties. BACKGROUND: On April 9, 1991, the City Council approved Tract Map No. 24134-2, and entered into subdivision agreements with: Bedford Development Co. 27755 Ynez Road, Suite 202 Temecula, CA 92591 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were Instruments of Credit issued by Butterfield Financial Corporation as follows: In the amount of $1,368,000 ($1,068,000, $146,000, and $154,000, respectively) to cover faithful performance for streets and drainage, and water and sewer improvements. In the amount of $684,000 ($534,000, $73,000, and $77,000, respectively) to cover labor and materials for streets and drainage, and water and sewer improvements. In the amount of $28,500 to cover subdivision monumentation. R:\AGDRP'I~97\O923\TR241342.SUB On April 22, 1997, the City Council accepted the public improvements, authorized initiation of the one-year warranty period, reduced the Faithful Performance Bond amounts to the ten percent (10%) warranty level, and accepted substitute bonds posted by The Aetna Casualty and Surety Company as follows: Streets and drainage, and water and sewer improvements Bond No. 100869980-96-039. $136,800 Streets and drainage, and water and sewer labor and materials Bond No. 100869980-96-038 $684,000 A substitute Subdivision Warranty Bond has been submitted to replace that one accepted by the City Council on April 22, 1997. This substitute bond is being posted by Fireman's Fund Insurance Company on behalf of Centex Homes in accordance with an agreement with Bedford Development and its successors. Protection through the one-year warranty period is assured by this process. Bedford Development and its successors are pursuing replacement or release of their improvement securities in divesting their interests in local developments. The substitute Faithful Performance Warranty bond is as follows: Streets and drainage, and water and sewer improvements Bond No. 1114 161 5226 $136,800 The subdivision monumentation has not yet been reviewed and confirmed. This work will be presented for acceptance and release at a later date. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 97-36 on April 22, 1997. The streets within the subdivision accepted were Via Cerda, Corte Rimola, Via Gandia, and portions of Cala Carrasco, Calle Veronica, Pauba Road, and Margarita Road. Margarita Road in this reach was a part of the County Maintained-Road System prior to incorporation and became part of the City Maintained-Street System by succession on December 1, 1989. FISCAL IMPACT: None Attachments: Location Map Substitute Bond (On file) R:~AGDRPT~97\O923\TR241342. SUB I Iw 1 Tract No. 24134-2 Loca':ion Man NOTE: MAPS NOT TO SCALE ITEM 10 APPROVAL CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 SUBJECT: Parcel Map No. 28544, Located on the North side of Rancho California Road between Moraga Road and Lyndie Lane PREPARED BY: _~, Ronald J. Parks, Principal Engineer - Land Development ~Z4Gerald L. Alegria, Assistant Engineer RECOMMENDATION: That the City Council approve Parcel Map No. 28544 in conformance with the Conditions of Approval. BACKGROUND: Tentative Parcel Map No. 28544, was approved by the City of Temecula Planning Commission on August 18, 1997. The Developer, HWGA California, a California Limited Partnership, has met all of the Conditions of Approval. Parcel Map No. 28544 is a four (4) lot commercial subdivision, of 3.6 net acres, located on the north side of the Rancho California Road between Moraga Road and Lyndie Lane. The site is an existing commercial center with 3 lots currently developed. The following fees have been deferred for Tract Map No. 28544: Public Facilities Development Impact Fee - Due prior to issuance of a building permit FISCAL IMPACT: None Attachments: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Parcel Map No. 28544 r:\agdrpt\97\O923\prn28644.fnl/je CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Parcel Map No. 28544 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee One-half width raised median CONDITIONS OF APPROVAL Paid To be paid prior to issuance of building permit Cash Deposit of $26,082.80 Prior to Recordation r :\agdrpt\9?\0923\pm28544 .f nl/ja CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 28544 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage * MONUMENT ** TOTAL · All street improvements are existing · * All monuments are in place 0 $ 0 $ 0 $ DATE: September 10, 1997 MATERIAL & LABOR SECURITY 0 0 0 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee - Paid Public Facilities Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Inspection Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ 4,287.00 $ T.B.D.*** 105.00 8.00 830.00 0.00 250.00 1,193.00 0.00 * * * T.B.D. - To Be Determined r:~egdrpt\97\0923\pm28644.fnl/ja N ~ ITEM 11 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager oseph Kicak, Director of Public Works/City Engineer September 23, 1997 "All-Way Stop"- Corte Mendoza at Camino Romo "No Parking" Zone - East side of Camino Romo, South of Corte Mendoza PREPARED BY: ~_~ All Moghadam, Associate Engineer - Capital Projects/Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "STOP" LOCATION ON CORTE MENDOZA AT CAMINO ROMO RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE EAST SIDE OF CAMINO ROMO SOUTH OF CORTE MENDOZA BACKGROUND: The City received a request from a resident of Corte Mendoza to install a "Stop" sign on Corte Mendoza at Camino Romo, and to establish a "No Parking" zone on the east side of Camino Romo south of Corte Mendoza (Exhibit "A"). Corte Mendoza is a long residential cul-de-sac which forms a "T" intersection with Comino Romo. Camino Romo is also a residential street which provides access to the Vintage Hills Elementary School from Rancho Vista Road and surrounding residential neighborhoods. A sight distance restriction exists on Corte Mendoza looking south when vehicles park on the east side of this intersection. Due to this sight distance restriction, vehicles exiting Corte Mendoza encroach onto the intersection and block the students who are walking to or from Vintage Hills Elementary School. A one-way stop sign on Corte Mendoza at Camino Romo will require the vehicles to stop at the proposed stop limit line and proceed when both pedestrian and vehicular traffic clear the intersection. r:~agdrpt \97\0923\camlromo. STP/ajp This item was reviewed by the Public/Traffic Safety Commission on August 28, 1997 and the Commission recommended that the City Council adopt a resolution establishing a "Stop" control on Corte Mendoza at Camino Romo and a "No Parking" zone on the east side of Camino Romo south of Corte Mendoza as depicted on Exhibit "A". A resident of the area attended this meeting and supported the proposed "Stop" sign installation and "No Parking" zone. FISCAL IMPACT: Funds are available in the Public Works Department Signs Account No. 001-164-601-5244 and Striping/Stenciling Account No. 001-164-601-5410. Attachments: 1. Resolution No. 97- - "All-Way Stop" - Corte Mendoza at Camino Romo 2. Resolution No. 97- -"No Parking" Zone - East side of Camino Romo south of Corte Mendoza 3. Exhibit "A" - Location Map r :~agdrpt\97~O923\camlromo .STP/a..ip RESOLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A"STOP" LOCATION ON CORTE MENDOZA AT CAMINO ROMO The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following "STOP" sign location is hereby established in the City of Temecula. Corte Mendoza at Camino Romo Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 23rd day of September, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk r :~agd rpt \97~923\camironm .gr p/ajp [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of September, 1997 by the following roll call vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: C OUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk r :Xagdqx\97~0923 \carnit omo. STP/ajp RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE EAST SIDE OF CAMINO ROMO SOUTH OF CORTE MENDOZA The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 10.12.100, of the Temecula Municipal Code, a "No Parking" zone is hereby established on the east side of Camino Romo south of Corte Mendoza as shown on Exhibit "A". Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 23rd day of September, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of September, 1997 by the following roll call vote: AYES: 0 NOES: 0 ABSTAIN: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk r: ~agdrpt \97\0923\camiromo. ST P/aj p i Proposed "Stop" Sign Limit Line Proposed Parking Restriction CORTE MENDOZA' ~-,~ VINTAGE HILLS ELEMENTARY ITEM 12 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September :23, 1997 Award of Professional Services Agreement to BI Tran System, Inc. For the Design of a Communication Software and Purchase of Computer Equipment for Implementation of the Citywide Intelligent Traffic Management System, Project No. PW95-16 PREPARED BY: All Moghadam, Associate Engineer - Traffic/CIP RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and BI Tran System, Inc. for the design of a communication software and purchase of computer equipment for implementation of the Citywide Intelligent Traffic Management System (ITMS), Project No. PW95-16 for an amount not to exceed $85,000.00. Advance funds in the amount of $85,000.00 from Development Impact Fees to the Capital Improvement Project Fund. 3. Appropriate $10,277.00 from Capital Project Reserves. BACKGROUND: The objective of this project is to install communication links between all existing and proposed traffic signals, coordinate and optimize signal timings for an efficient traffic progression which will reduce congestion and air pollution. Also, to install a central control system at the City Hall to monitor the traffic flow and to adjust signal timing as necessary. Phase I of this federally funded project included installation of conduits on Rancho California Road and Business Park Drive from Lyndie Lane to the City Hall. Phase II of this project, which is currently under construction, includes installation of additional conduits on several major roadways, installation of interconnect cable, installation of spread spectrum radios and antennas for wireless communication between remote signal locations and the City Hall, and replacement of existing noracompatible Type 90 and Type "P" traffic signal controllers and cabinets with Model 170 Controller and Type 332 Controller Cabinet. r:\agdrpt\97\0923\PW95-16.AGN/AJP The final stage of this project which includes design of a software system and procurement of all necessary hardware to manage the overall system will be performed by BI Tran System, Inc. The BI Tran System, Inc. Is a sole source and is approved by Caltrans as such. Most of the traffic signal controllers within the City are currently operating with BI Tran System Software. FISCAL IMPACT: $537,800 has been allocated to this project from Congestion Mitigation and Air Quality (CMAQ) which is a federally funded program. In addition, this project was also approved for Transportation System Management (TSM) funds in the amount of $70,000.00 for a total grant amount of $607,800.00. TSM is a supplemental state funding source designated for traffic signal timing coordination and improvement projects. Attachments: 1. Agreement 2. BI Tran System, Inc., Proposal r:\agd rpt\97\0923\PW95-16.AGN/AJP CITY OF TEMECULA AGREEMENT FOR PROFESSIONAL SERVICES CITYWIDE INTELLIGENT TRAFFIC MANAGEMENT SYSTEM PROJECT NO. PW95-16 THIS AGREEMENT, is made and effective as of September 23, 1997, between the City of Temecula, a municipal corporation ("City") and BI Tran System, Inc., CConsultant"). In co~ideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 23, 1997, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 23, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Eighty-Five Thousand Dollars and No Cents ($85,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consullant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set tBrth on the invoice. - 1- r: \cip\projects\pw95\pw95-16\Bltramy.agr 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSUl~TANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the pertbrmance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such intbrmation required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware tbr purposes of accessing, compiling, transtUrring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. -2- r:\cip\project~\pw95\pw95-16\Bltran~y.ag r 8. INDF~MNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of flae City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Ir~surance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $i,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or r: \cip\project~\pw95 \pw95-16kBItramy. ag r automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. ~ (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Ir~surers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except tbr the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBI!,ITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the pertbrmance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. -4- r: \cip\projecta\pw95\pw95-16'~BItranay.agr 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, r, equest for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work pertbrmed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: BI Tran Systems, Inc. John Itagaki 510 Bercut Drive, Suite R Sacramento, California 95814 (916) 441-0260 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only John Itagaki shall perform the services described in this Agreement. John Itagaki may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of John Itagaki from Cons~ltant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice peried. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. -5- r: \cip\projects\pw95\pw95-16\Bltransy. agr 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or t~deral district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire und~erstanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Patricia H. Birdsall, Mayor Attest: June S. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney -6- r: \cip\projecrs\pw95 \pw95-16\BItransy. agr CONSULTANT BI Tran Systems, Inc. John Itagald 510 Bercut Drive, Suite R Sacramento, CA 95814 By: John Itagaki -7- r:\cip\projects\pw95\pw95-16~Bltransy.agr EXHIBIT A TASKS TO BE PERFORMED -8- r: \cip~projecls\pw95\pw95-16~Bltmnsy.ag r Tasks To Be Performed Tasks by B! Tr~n Systems, Inc. 1. Kickoff Meeting 2. Purchase hardvn~ and network operating platform per attached. Purchase hardware warranty for City 3. StaSe hardware and software, and setup and test each device and ports to be utilized. Configure each processor for QuicNet requirements. 4. hintall QuioNet soil-war= into all processors on the uatr~ system network. 5. Instag (~r,H'e~ onto did-in re, note access computers 6. Chock out communications to field devices on all ports. ~. Check out QuicNet operations for intesdty o£total system (network) 8. ~ Cesm~ database 9. C. mmate System graphics 10. Generate Area Graphics 11. Ship system to City 12. Assemble and Integrate the system 13. Bdn8 intersectiota on-line 14. System evahuttion and acceptance test 15. Prepare im~se~ons for upload 16. Generate entire database 17. Iatct -s,,~tion Graphics Training ~s. Training for system ~9. System acccptan~ test 20. System Burn- in period 21. System wm'anty period Tasks by City of Temecula 22. provide information for database layout - city layout 23. intersection graphics 24. prooess hardware warranty repairs 25. MIS persoratel to integrate ATMS NT network into City network 2?. City to connect interconnect to Corem Processor EXHIBIT B PAYMENT SCHEDULE -9- r: \cip\projects\pw95 \pw95-16LBltranay.agr PAYMIgNT Payment 1- invoice for for all %uy-out" equipment BI Tran Systems, Inc. tasks 1,2,3 Equipment purchase amount plus applicable taxes !0% fee for acceptance t~t of equipment Warranty purchased per City requirments Payment 2- invoice for QuitNet softwnre, warranty and tasks 3-12. $40,000 Tasks 12 is the installation and integration of the System in Temeo,ln This equipment and softwnre has undergone a Factory Acceptnn~ Test. Payment 3- invoice for $15,000 Tasks 13-20. AlMS is fil!!y operational Task 18- training is complet~ Begin of the system wananty period ITEM 13 CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Professional Services Agreement - City of Temecula and Riverside County Flood Control and Water Conservation District Mowing of Murrieta Creek PREPARED BY: Joseph Kicak, Director of Public Works/City Engineer RECOMMENDATION: That the City Council approve the Professional Services Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District for mowing of the privately owned portions of Murrieta Creek within the City of Temecula. BACKGROUND: Riverside County Flood Control and Water Conservation District has been mowing the vegetation in the portions of Murrieta Creek under their jurisdiction. The area from a point 1200 feet south of Rancho California Road to the southerly City limits is in private ownership. Last year the mowing of Murrieta Creek was completed through the privately owned portion of the creek by Riverside County Flood Control and Water Conservation District with the City obtaining the Rights-of-Entry permit from the State Department of Fish and Game and paid for by the City. All the necessary permits for mowing have been obtained from the Regulatory Agencies. With respect to the Rights-of-Entry; there are 43 properties affected by this project. The initial Rights-of-Entry were mailed out certified mail on August 13, 1997. All of the receipts were returned. To date we have received signed Rights-of-Entry forms from property owners representing 30 parcels. Since the first mailing, those that have not responded have been sent the second request. The attached Professional Services Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District, provides for the mowing services of private properties in Murrieta Creek within the City limits. The cost for that portion of the Creek is estimated at $6,000.00, which will require a deposit prior to starting work. RSAG D RPTO7~0923~o. CFCWCD.RPT/ajp FISCAL IMPACT: Adequate funds have been budgeted for FY97-98, Public Works Flood Control Account No. 001-164-601-5403. Estimated cost of less than $10,000.00. ATTACHMENTS: 1. Professional Services Agreement R:kAGDRP'P,97~0923\RC FCWCD.RPT/ajp DAVID P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT September 9, 1997 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/788-996:5 FAX 41754. RECEIVED SEP 1 0 1997 CITY OF TEMECULA ENGINEERING DEPARTMENT Mr. Joseph Kicak Direcgor of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Mr. Kicak: Re: Mowing Services along Nurrieta Creek Professional Services Agreement Enclosed please find three original copies of the referenced agreement for your approval and execution. Please return the three properly executed doc~ents to this office for further processing, A fully executed original copy of the agreement will be returned for your files as quickly as possible. Thank you for your cooperation. Should you have any questions concerning this agreement, or the project itself, please do not hesitate to contact this office. Very t~uly yours, /7 DALE V. ANDERSON Senior Civil Engineer Enclosures SVG:mcv rcfc\41754 DISTRICT, PROF~SSIONAT. S~RVIC~S AGRR~M~NT The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION hereinafter called "CONTRACTOR", and 'the CITY OF 4 TEMECULA, hereinafter called "CITY", hereby agree as follows: $ 1. PROJECT - CONTRACTOR shall provide mowing services along 6 Murrieta Creek for CITY, and CITY will contribute necessary 7 funds for all mowing services performed. 8 2. SCOPE OF S~RVIC~S - CONTRACTOR shall furnish tools, equipment, 9 facilities, materials and labor necessary to perform in a I0 complete, skillful and professional manner the one time mowing ]] services of the area shown on Exhibit "A" attached hereto and ]2 made a part hereof. ]3 3. TIM~ FOR PFRFORMANCR - CONTRACTOR shall commence performance ]4 of service within ten (10) consecutive calendar days after the ]5 date of written notification by CITY of CITY having obtained ]6 all permits and rights of entry as set forth herein, and shall ]7 diligently perform the services to full completion within ]8 sixty (60) consecutive calendar days after the date of ]9 commencement as provided herein. 20 4. COMPRNSATION - CITY shall deposit with CONTRACTOR the sum of 2] $6,000.00, the estimated cost to CITY for mowing expenses. 22 CONTRACTOR shall keep an accurate accounting of all costs 23 incurred, and within forty-five (45) days after completion of 24 work, submit a final itemized cost statement to CITY. If 25 mowing costs exceed the deposit as set forth herein, CITY 26 shall pay the additional amount within thirty (30) days. If 27 the deposit exceeds said mowing expenses, CONTRACTOR shall - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reimburse CITY the excess amount within thirty (30) days. 5. P~RMITS ~N~ RIGHTS OF ~NTRY - CITY will obtain all rights of entry as may be required to perform the proposed mowing services within and upon privately-owned property. All permits and rights of entry as may be required from any and all affected public entities, including but not limited to such licenses, agreements, permits or rights of entry as may be required from the California State Department of Fish and Game and/or the United States Army Corps of Engineers, shall be obtained by CITY. Sufficient evidence of having obtained such permits and/or rights of entry shall be furnished to CONTRACTOR by CITY, prior to initiation of work. CONTRACTOR will prosecute the work in such a manner as to minimize public inconvenience. CONTRACTOR shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property. 6. NOTICRS - Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 INDEMNITY AND HO!,D FARM!.RSS - Each party, as to any claim or liability arising out of any act or omission with references to any work performed by or authority delegated to such party as a result of this agreement, shall save, defend, indemnify and hold harmless the other parties and their officers and - 2 - 1 2 3 8. 4 6 7 8 9 10 11 12 ~. 13 14 lO. 15 16 17 18 19 20 21 11. 22 23 24 25 26 27 // 28 employees from all liability for death or injury to person, or damage to property, or claim therefor. T~RMINATION - This Agreement may be terminated by either CONTRACTOR or CITY upon written notice to the other party in the event of substantial failure of performance by the other party or in the event CONTRACTOR shall elect to abandon or indefinitely postpone the project. In the event CONTRACTOR abandons or indefinitely postpones the project and gives such notice of termination, CITY shall make payment to CONTRACTOR for all services performed and expenses incurred to the date of written notice. This agreement is to be construed in accordance with the laws of the State of California. This agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this agreement was prepared as a matter of convenience by CONTRACTOR shall have no import or significance. Any uncertainty or ambiguity in this agreement shall not be construed against CONTRACTOR because CONTRACTOR prepared this agreement in its final form. This agreement is intended by the parties hereto as a final expression of their understanding with respect to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof. This agreement shall not be changed or modified except by the written consent of all parties hereto. - 3 - IN WITNESS WHEREOF, the parties hereto have executed this agreement on (to be filled in by Clerk of the Board) RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT DAVID P. ZAPPE General Manager-Chief Engineer APPROVED AS TO FORM: By Chairman, Board of Supervisors ATTEST: WILLIAM C. KATZENSTEIN County Counsel Assistant County Counsel Dated ~1~ ~q~ 12 GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) RECOMMENDED FOR APPROVAL: CITY OF TEMECULA 14 15 16 17 By Engineer By Mayor ATTEST: 18 APPROVED AS TO FORM: 19 By City Attorney Dated 21 By City Clerk (SEAL) 23 24 26 DVA:lib rcfc~41712 - 4 - PRO,JECT EXHIBIT A ITEM 14 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER ~. Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Professional Services Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for the Southbound Exit Ramp Widening at I-15/Winchester Road, Project No. PW97-03 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quade & Douglas, Inc. for the design of the Southbound Exit Ramp Widening at 1-15/Winchester Road, Project No. PW97-03, for $109,738.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,974.00 which is equal to 10% of the contract amount. BACKGROUND: A request for proposal (RFP No. 56) was prepared to solicit Professional Design Services to widen the southbound ramp at 1-15 and Winchester Road. A total of eight (8) proposals were distributed to consultants who specialize in this area, of which the City received four (4) responses. Parsons Brinckerhoff Quade & Douglas, Inc. was the most qualified firm, among those responding to provide these professional services. This project consists of widening existing portions of the south side bound off ramp at I-15 and Winchester Road (State Route Hwy. 79(N) (see Exhibit "B"), which includes preparation of plans for roadway, landscaping, irrigation, street lights, signing, striping, and traffic signal modification improvements. r:\agdrpt\97\0923\pw97-03.agr FISCAL IMPACT: The total cost for professional design services for the southbound exit ramp widening at I- 15/Winchester Road Project No. PW97-03 is $109,738.00, and the contingency of $10,974.00 for a total amount of $120,712.00. Adequate funds are available in the previous Winchester Road Project. Attachment: Professional Services Agreement - Parsons Brinckerhoff Quade & Douglas, Inc. r:\agdrpt\97\O923\pw97-03. agr CITY OF TEMECULA AGREEMENT PROFESSIONAL SERVICES AGREEMENT FOR SOUTHBOUND EXIT RAMP WIDENING AT I-IS/WINCHESTER ROAD PROJECT NO. PW97-03 THIS AGREEMENT, is made and effective as of September 23, 1997, betwee~n the City of Temecula, a municipal corporation ("City") and Parsons Brinckeroff Quade & Douglas, Inc.,. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 23, 1997, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 23, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERViCES. Consultam shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Nine Thousand Seven Hundred Thirty-Eight Dollars and No Cents ($109,738.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consuitant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. - 1 - r: \cip\proj ecla\pw97\pw 97-03 \pbqd .agdajp 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any 6me, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. DEFAUI.T OF CONSUI.TANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satsfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consuhant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. Wi~h respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. -2- r: ~¢ip\projecls\pw97\pw97-03 \pbqd.agr/ajp 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City, 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum !.imits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $I,0130,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other ln~gurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or r:\¢ip\projecta\pw97\pw97-O3\pbqd.agr/ajp automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranfes shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insureifs liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of lrtmrers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITI-ES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. -4- r: \cip\projecta\pw97\pw97-03 \pbqd.agr/ajp 12. REI,EASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, t;equest for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's fight to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Parsons Brinckerhoff Quade & Douglas, Inc. Robert H. Bramen, Regional Manager 685 E. Carnegie Dr., Suite 210 San Bernardino, CA 92408 (909) 888-1106 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Rick Simon, PE, Project Manager shall perform the services described in this Agreement. Rick Simon, PE may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Rick Simon, PE from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. -5- r:\cip~projects\pw97\pw97-03 \plxld .agr/ajp 15. I.ICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING I,AW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire undsrstanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Particia H. Birdsall, Mayor June S. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Parsons Brinckerhoff Quade & Douglas, Inc. Robert H. Bramen, Regional Manager 685 E. Carnegie Drive, Suite 210 San Bernardino, CA 92408 (909) 888-I ~06 By Robert Bramen, Regional Manager -6- r: \cip\projecta\pw97\pw97-03 \pbqd.agr/ajp EXHIBIT A TASKS TO BE PERFORMED -7- r: \cip\projects\pw97\pw97-03 \pbqd.agr/ajp SCOPE OF WORK Given the small size of the project, we propose that conceptual approval of the dimensions of the widening can be obtained through informal meetings with Caltrans. Following this, we can go right to a 95% submittal. Following this, the plans can be finalized and sent out for bid. As long as the Ciw administers the advertisement and construction of the project, the PS&E documents can be approved at the District level without going to Sacramento for a lengthy review. All plans will be prepared using Intergraph Microstation in metric units in accordance with Culttans criteria. The work required to move this project from notice-to-proceed to bid advertisement is summarized by ~rask in the following sections: Task 1 - Caltrans Coordination - This task includes monthly progress meetings, processing of the encroachment permit, preparation of any design exception fact sheets which might be required, meetings to discuss review comments, and any other coordination required to obtain approval of the project. Task 2 - Project Administration - This task includes contract administration, invoicing, progress reporting, and document control. Task 3 - Surveys - This task encompasses the limited field survey work required to supplement the existing topographic mapping for the southbound exit ramp. Task 4 - Geotechnical - Hand-dug pits are proposed in the vicinity of the southbound exit ramp to be used in the design of the pavement structural section and to develop other recommendations for the earthwork operations and retaining wall design. A Geotechnical Design Report will be submitted in accordance with Caltrans guidelines. Task 5 - Environmental - A categorical exemption will be prepared to clear the project from an environmental standpoint. Task 6 - Utility Coordination - Existing utilities will be identified and shown on the plans. All utility companies in the area will be contacted to identify both existing and proposed facilities which may be in the vicinity of the project. Task 7 - 95% Design Submittal - The draft PS&E submittal will include all of the design drawings, as well as draft special provisions, and an engineer's estimate of the construction cost. This will all be prepared in accordance with Cultruns format. A proposed drawing list is as follows: Number of Sheets Type of Sheet 1 Title Sheet 1 Typical Sections 1 Standard Plans List I Kep Map and Line Index 1 Layouts I Profiles 1 Construction Details I Contour Grading & Drainage 2 Drainage Profiles, Details, and Quantities I Utility Plans 2 Stage Construction Plans 1 Construction Area Signs 2 Pavement Delineation I Summary of Quantities I Sign Plans 1 Retaining Wall Plans 1 Landscaping Plans 20 Total Sheets Task 8 - 100% Design Submittal - Following receipt of review comments on the 95% submittal, the comments will be addressed and incorporated into the construction documents as appropriate. The f'mal design package will include a signal timing study to identify the optimum timing for the four signals on Winchester Road. Specifications will be prepared in accordance with the AASHTO Green Book. The City of Temecula will provide the "boilerplate" section of the specifications. Task 9 - Bid Support - During the period between bid advertisement and bid opening, we will be available to answer questions and provide clarifications related to plans, quantities, and special provisions. Task 10 - Construction Support - During the construction we will attend the pre-construction meeting and be available to answer questions and provide clarification regarding the contract documents. When requested, we will visit the job site for on-site review of the construction. STAFF TITLE I-15/SR-79 Ramp Widening Cost Estimate Summary TOTAL STAFF NAME HOURS PIC DON HOEL 20 PROJ MGR RICK SIMON 171 PROJ ENG P12 234 SR ENVIRON 1:)12 40 ENGR SUPP P9 209 CADD OPER T7 360 PROJ ADMIN P7 26 DIRECT LABOR SUBTOTALS 1,060 AVERAGE HOURLY RATE $50.00 $44.00 $38.00 $42.00 $26.00 $20.00 $16.00 LABOR COSTS $1,000 $7,524 $8,892 $1,680 $5,434 $7,20O $416 $32,146 IDIRECT LABOR TOTAL OVERHEAD (154% PROVISIONAL) IINDIRECT COST SUBTOTAL OTHER DIRECT COSTS (ODC'S): CADD 252 PC 104.5 MILEAGE 500 REPRODUCTION POSTAGE/DELIVERIES PHONE MISCELLANEOUS hrs at $15/hr hrs at $5/hr miles @ $0.315/mile TOTAL OTHER DIRECT COSTS IFEE (10% OF LABOR & OVERHEAD) I TOTAL PB COSTS SUBCONSULTANTS: WEBB ASSOCIATES LEIGHTON & ASSOCIATES $9,480 $3,70O $32,146 $49,505 $49,505 $3,780 $523 $158 $1,250 $232 $300 $500 $6, 742 $8,165 $9&558 SUBTOTAL SUBCONSULTANT COSTS TOTAL SUBCONSULTANT COSTS TOTAL PROJECT COSTS $13,180 $13,180 $109, 738 -lg- EXHIBIT B PAYMENT SCHEDUI.E ~8- r:\¢ip\projecls\pw97\pw97-O3\pbqd. agr/ajp PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. HOURLY RATE SCHEDULE Effective through September 1, 1998 Principal ............................................................................................$130 -- $150 Project Manager ................................................................................$110 -- $120 Project Engineer ................................................................................$ 95 -- $110 Environmental ....................................................................................$100 -- $120 Traffic Engineer .................................................................................$ 80 -- $100 Engineering Support .........................................................................$ 65 -- $ 90 CADD Operator .................................................................................$ 45 -- $ 60 Administration ...................................................................................$ 35 -- $ 50 DIRECT FEES PC Computer Charges ......................................................................$ 5.00 1 hour PC CADD Charges ...........................................................................$15.00 / hour Automobile Mileage ..........................................................................$ 0.31 / mite In-House Photocopies .......................................................................$ .10 / page In-House Blueprints ...........................................................................$ 1.00 / sheet Outside expenses (travel, lodging, car rentals, reproduction, bluelines, long distance phone calls, etc.) are invoiced at cost plus five (5) percent. PARSONS BRINCKERHOFF ITEM 15 APPROVAL CITY ATTORNEY FINANCE DIRECTOI~,,~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Approval of Amendment No. 1 to the" Cooperative Agreement Between the City of Temecula and the Redevelopment Agency of the City of Temecula for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" dated February 11, 1997. PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve Amendment No. 1 to the "Cooperative Agreement Between the City of Temecula and the Redevelopment Agency of the City of Temecula for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)"; and Authorize the Mayor to execute Amendment No. 1 to the Cooperative Agreement on behalf of the City in substantially the form attached to the Agenda Report. BACKGROUND: Amendment No. 1 to the Cooperative Agreement consists of providing funding for the design of the improvements to the south bound off ramp at 1-15 and Winchester Road, State Route Hwy. 79N, (Project PW97-03). The project includes preparation of plans for roadway, landscaping, irrigation, street lights, signing, striping, and traffic signal modification improvements to widen the existing off ramp. This interchange is located within the Project Area of the Temecula Redevelopment Project Area 1988-1. The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c) specifically authorizes such cooperative agreements allowing a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. r:\agd rpt\97\0923\pw9421 am.end\ss The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefitting the Project Area. The attached Amendment No. 1 to the "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" would implement the funding plans of the City and the Agency with respect to this Project. FISCAL IMPACT: The total cost for professional design services for the southbound exit ramp widening at I- 15/Winchester Road, (Project No. PW97-03)is $109,738, and the contingency of $10, 974, for a total amount of $120,712, will be funded by the balance in the Winchester Road Bridge Widening at I-15, (Project No. PW94-21), which utilizes RDA funds. Attachment: 1. Amendment No. 1 to the Cooperative Agreement r:\agdrpt\97\0923\pw9421 am.end\ss AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR CONSTRUCTION AND FUNDING OF WINCHESTER ROAD AT INTERSTATE 15, BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS (PROJECT NO. PW94-21) This First Amendment is made and effective as of September 23, 1997 by and between the City of Temecula, a municipal corporation ("City") and the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency"). In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. The "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15 Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" dated February 11, 1997 (Agreement"), is hereby amended to expand the scope of the Project, as defined in Section 1.c. to include the following additional work on the 1-15/Winchester Road Interchange: "Prepare plans/specifications and review for the widening of the southbound off ramp at 1-15 and Winchester Road (State Route Hwy. 79N), Project PW97-03. The project includes preparation of plans for roadway, landscaping, irrigation, street lights, signing, striping, and traffic signal modification improvements." 2. Except as specifically provided herein, all other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA BY: Attest: Patricia H. Birdsall, Mayor June S. Greek, City Clerk REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA BY: Steven J. Ford, Chairperson 1 R: \cip\projects\pw94\pw94-21 \agreement\amencoop.rda/ajp Attest: June S. Greek, Agency Secretary Approved As to Form: Peter M. Thorson, City Attorney/Agency General Counsel 2 R: \cip\projects\pw94\pw94-21 \agreement\amencoop. rda/ajp ITEM 16 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. Elmo, Chief Building Official~L~ September 23, 1997 Purchase of City Vehicles Prepared By: Phillip O. Smith, Senior Building Inspector RECOMMENDATION: That the City Council of the City of Temecula approve the purchase of two (2) 1998 Chevy S-10 extended cab pick-up trucks from Paradise Chevrolet, Temecula, California in the amount of $34,592.06. BACKGROUND: At the June 24, 1997 City Council meeting, the City Council adopted the FY 1997-98 Annual Operating Budget which allocated vehicles for the Building and Safety Department. In order to fill this requirement a Request for Proposal (RFP) was distributed on July 24, 1997 with a closing date of August 12, 1997 at 4:00 p.m. On August 12, 1997, the City received five responses to the RFP which was distributed to 20 car dealers, including eight (8) Temecula Autopark dealers (see Attachment 1). Out of the five , the RFP from Ken Grody Ford of Buena Park as disqualified due to being received after the 4:00 p.m. deadline. A pricing summary of the four qualifying proposals received is provided as Attachment 2. A test drive of the two lowest bid vehicles was performed by staff to evaluate which vehicle would fulfill the department needs. Staff determined that the Chevy S-10 extended cab offered better safety features, cab lay-out, and necessary power. Noteworthy is that the Chevy S-10 has a four wheel anti-lock brake system versus the rear wheel system of the Ford; and a passenger side air bag restraint system, whereas, the Ford did not. Additionally, the Chevy S- 10 has a 4.3 liter V-6 engine over the Ford's 3.0 liter V-6. The Chevy S-10 is $181.91 more than the Ford Ranger bid, per vehicle, after the one (1) percent tax credit is applied. FISCAL IMPACT: Funds are available in the appropriate account to purchase the vehicles. Attachments: R:\Broekmei\agenda\vehicle 1 .¢ty 1 Vehicle Vendor List Vendor Name/Address Griffin GMC Truck 41872 Motor Car Parkway Temecula, California 92591 Quality Chevrolet 1550 Auto Park Way Escondido, California 92029 Nissan of Temecula 41895 Motor Car Parkway Temecula, California 92591 Temecula Valley Toyota 26631 Ynez Road Temecula, California 92591 Temecula Mazda 26799 Ynez Road Temecula, California 92591 Phone Number 694-6060 Scott Powell 619-745-7221 Phil - Fleet Mgr. 676-6601 David Williams 694-0575 Jeffrey Clark John Levitt 699-4444 Felipe Flores Fax Number 694-6069 (GMC, Acura) 619-745-0652 694-9697 694-0404 699-1232 Norm Reeves Super Group 26755 Ynez Road Temecula, CA. 92591 676-0010 Harold Nelson 676-2888 (Dodge, Honda, Mazda) Paradise Chevrolet 26845 Ynez Road Temecula, California 92591 Folsom Lake Ford Attn: Fleet Sales 12755 Folsom Blvd. Folsom, California 95630 Dick Dickenson City Chevrolet Fleet Sales/Leasing P.O. Box 85345 San Diego, California 92186 699-2699 Ryan Vanderpool (916) 353-2000 Mark Baoli 619-276-6171 Steve Howell 694-0809 no listing 619-276-6194 Fuller Fleet Center 560 Auto Park Drive Chula Vista, California 91911 619-656-2500 Jake-FleetMgr. 619-656-6259 Vendor Name/Address Plaza Motors 290 N. Indian Canyon Drive Palm Springs, California 92262 Ted Jones Ford Arm: Fleet Sales 6211 Beach Blvd. Buena Park, California 90621 Heller Ford 1717 Auto Park Way Escondido, California 92029 Escondido Jeep Eagel/GMC Attn: Commercial Truck Mgr. 1501 Auto Park Way S. Escondido, CA. 92029 Rancho Ford 26895 Ynez Rd. Temecula, California 92591 Carriage Motor Company 41872 Motor Car Parkway Temecula, CA. 92591 Inland Chevrolet-Geo 2505 W. Florida Ave. Hemet, CA. 92545 Riverside Chrysler Plymouth 7979 Auto Drive Riverside, CA. 92504 Gosch Ford-Lincoln-Mercury 150 Carriage Cir. Hemet, CA. 92545 Villa Ford 2550 N. Tustin Ave. Orange, CA 92865 Phone Number 619-325-2571 Frank - Fleet Mgr. 714-521-3110 619-745-3361 Steve - Fleet Mgr. 619 432-4040 ext. 219 800-997-3725 Rex Oliver 694-6060 Scott Powell 909-658-4401 Mike Mc A!lister 909-687-8600 Bob Campbell 909-658-3181 Tom Greene 714-282-5315 Fleet Mgr. Fax..Number 619-320-1506 714-739-0120 619-745-4981 619 432-4080 699-6917 694-6069 658-3799 687-6765 929-3426 714-974-9816 Dr:ALL:~ VILLA FORD PARADISE CHEVROLET RANCHO FORD TOYOTA OF TEMECULA ATTACHMENT 2 PRICE SUMMARY FOR CITY VEHICLE PURCHASES MAKE MODEL FORD RANGER SUPER CAB CHEVROLET S-10 FORD F-150 TOYOTA T- 1 O0 UNIT I~ICE $16,953.60 17,296.03 19,821.96 22,228.00 R:\BROCKMEI\AGENDA\VEHICLE.CTY 9/11/97 cb 3 ITEM 17 APPROVAL (~1/,~ CITY ATTORNEY /_/l,'v"~ .. _ DIRECTOR OF FINA~(~E ?~-~' CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager September 23, 1997 Donation to the Diana, Princess of Wales Memorial Fund PREPARED BY: Allie Kuhns, Senior Management Analyst ~- RECOMMENDATION: That the City Council approve the expenditure of $100 for donation to the Diana, Princess of Wales Memorial Fund. BACKGROUND: During the City Council Reports portion of the September 9, 1997 Council Meeting, Council discussed the recent death of Princess Diana. Councilmember Lindemarts recommended that the City send a letter of condolence to Princes William and Harry, make a token donation of $100 to the Memorial Fund, and invite all cities in California to make a donation to the Fund. The Diana, Princess of Wales Memorial Fund was established upon Diana's death to support the various charities on which she focused much of her time and efforts in recent years. FISCAL IMPACT: Adequate funds are available in account 001-100-999-5250, Other Outside Services, for this donation. ITEM 18 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Genie Roberts, Director of Finance September 23, 1997 Professional Service Agreements Related to Community Facilities District (CFD) No. 88-12 (Ynez Corridor) 1997 Series Bonds RECOMMENDATION: That the City Council: 1) Approve and authorize the Mayor to sign an agreement with Bruce W. Hull & Associates, Inc. for an appraisal of certain properties within CFD 88-12 for an amount not to exceed $25,000; and 2) Approve and authorize the Mayor to sign an agreement with Fieldman, Rolapp and Associates to serve as financial advisor on the CFD 88-12 bond financing in an amount not to exceed $510000. BACKGROUND: The County of Riverside (the "County") established the Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related water, sewer and public improvements. In 1992, the County issued the first series of bonds for these improvements. On July 22, 1997, the City Council authorized staff to proceed with the transfer of the governance of the District from the County for the purpose of issuing a second series of bonds for the construction of the Overland Overcrossing and the possible refunding of the existing outstanding bonds. In conjunction with this financing an appraisal of certain properties within CFD 88-12 must be prepared to determine current property values and the resulting property value to debt ratio for CFD 88-12. The City's underwriters have recommended Bruce W. Hull & Associates, Inc. based on their related experience in preparing appraisals for similar Mello Roos districts. Bruce W. Hull & Associates, Inc. is an appraisal firm that provides a wide variety of appraisal assignments for public agencies, developers and financial institutions. The principal, Bruce W. Hull, MAI has been in the appraisal field since 1969. His appraisal assignments have included master-planned developments, shopping centers, large retail uses and mitigation land. Since 1990 the firm has completed over 20 appraisal assignments for Mello-Roos and assessment R:iNORTONLIAGENDAS~CFDPSAoAGN 09/15/97 district bond financings. His public agency clients include counties, cities, school districts and water districts. Also, staff is recommending Fieldman, Rolapp and Associates serve as the City's independent financial advisor. Fieldman, Rolapp and Associates have previously served as the City's financial advisor and has been available to assist the City for various ongoing financing issues. Their role is to provide the City with objective advice on the financing plan, associated fees of the other financing consultants and the ultimate financing rate. Fieldman, Rolapp and Associates have proposed a discount of their fee of 30% if the bonds are issued prior to January 1, 1998. The resulting fee would then be approximately $35,700. Staff anticipates issuing the second series of bonds by December 1997. A refunding of the outstanding 1991 series of bonds would also be considered at that time, should economic market conditions exist. FISCAL IMPACT: 88-12. The cost of both of these proposed agreements will be reimbursed by CFD Attachments: Bruce W. Hull & Associates Appraisal Agreement Fieldman, Rolapp & Associates Financial Advisor Agreement R: INOR TONL b4 G END A S [ CFD PS,4..A G N 09/15/97 REAL ESTATE APPRAISERS & CONSULTANTS August19,1997 City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention: Ms. Genie Roberts Director of Finance Reference: APPRAISAL/CONSULTATION AGREEMENT Property/Location: Community Facilities District No. 88-12 (Ynez Corridor) City of Temecula, California At your request, Bruce W. Hull & Associates, Inc. ("APPRAISER") hereby submits to the City of Temecula ("CLIENT") this proposal for an appraisal of the above referenced property. It is our understanding that the appraisal is to be used for proposed bond issue. APPRAISER is prepared to undertake this assignment and provide CLIENT with Four (4) copies of the completed appraisal report, within an estimated time period of Thirty (30) calendar days from APPRAISER'S receipt of CLIENT'S signed authorization and/or submission of all requested data, whichever is later. The time period is this best estimate of the APPRAISER and is not a guarantee, although the APPRAISER agrees to use his best efforts to complete the assignment within the given time period. CLIENT agrees to pay APPRAISER, as fee for this report Twenty-Five Thousand Dollars ($25,000); with the full balance due upon delivery of the completed report. Report revisions or amendments, other than those required due to APPRAISER'S error, shall be prepared at an hourly rate of $125.00. Technical studies, as are jointly determined to be necessary, shall by paid by CLIENT. Any additional copies of the completed report, other than the four (4) copies currently agreed upon, shall be made available at an additional cost to the CLIENT of $100.00 per copy. 138 W. Main Street · Suite E · Ventura, California 93001 · (805) 641-3275 · FAX (805) 641-3278 APPRAISAL/'CONSU LTATION AGREEMENT Ms. Genie Roberts City of Temecula August 19, 1997 Page Two In the event that CLIENT desires to cancel this authorization, written notice thereof shall be delivered to APPRAISER, and it is agreed at that the APPRAISER shall receive compensation from CLIENT for all services rendered at the rate 'of $125.00 per hour for the time actually spent prior to receipt of such written cancellation notice, plus all costs advanced in connection with the appraisal. It is agreed that the fee charged for services performed by the APPRAISER is guaranteed by the CLIENT. All payments due the APPRAISER, under this agreement, shall bear interest at the published prime lending rate from Wells Fargo Bank, commencing sixty (60) . days after such payments are due, but not in excess of the maximum rate permitted under California law. In the event that any payment is not paid when due, CLIENT shall pay all expenses of collection, including, but not limited to, court costs and attorney's fees. It is agreed that the APPRAISER is not a necessary party in any inquiry or judicial proceeding, unless agreed upon this Agreement. He will not be called upon for any litigation or other proceeding arising out of his duties in this matter. If he is compelled to incur court costs, attorney's fees, or other out-of-pocket expenses in connection with court proceedings, such costs or expenses, together with APPRAISER'S hourly rate of $200.00 per hour, applicable for his professional services for study, preparation, testimony or travel, will be paid by the party (or parties) who acts to bring any suit requiring a judicial proceeding. The appraisal assignment will include the following: 1) 2) 3) 4) 5) Cataloguing of properties according to land use and size. Preparation of "master list" of unimproved parcels. Estimate of land values for undeveloped parcels. Estimate valuation for parcels improved with buildings which have not yet been assigned an improvement value by the County Assessor. Review Assessed Values of improved properties with bond underwriter. APPRAISAL/CONSULTATION AGREEMENT Ms. Genie Roberts City of Temecula August 19, 1997 Page Three The appraisal will provide an estimate of current market value, which is defined as follows: "The most probable price in terms of money which a property should bring in competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of sale as of a specified date and the passing of title form seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; Both parties are well informed or well advised, and each acting in what he or she considers his/her best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in cash or its equivalent; Financing, if any, is on terms generally available in the community as of the specified date and is typical for the property type in its locale; and The price represents a normal consideration for the property sold, unaffected by special financing amounts and/or terms, services, fees, costs or credits incurred in the transaction." Real Estate Terminology, AIREA, SREA, edited by Byrl N. Boyce, Copyright 1981, Publisher- Baliinger, Page 160. Bo The value estimate will reflect the fee simple interest of the subject property, as of the date of value taking into consideration the proposed improvements that are to be funded by the bond issue. APPRAISAL/CONSULTATION AGREEMENT Ms. Genie Roberts City of Temecula August 19, 1997 Page Four C. The following limiting conditions will be included in the appraisal report: o No responsibility is assumed for matters legal in nature; No opinion as to title is herewith rendered,and the property is appraised as though free and clear of all encumbrances and the title marketable; The factual data utilized in our report will be obtained from sources deemed to be reliable; however, no guarantee can be made as to their accuracy; No survey of the boundaries of the property will be prepared. All legal descriptions, areas, and dimensions furnished the APPRAISER are assumed to be correct; The distribution of the total valuation between land and improvements (if any), applies only in the matter of utilization stated in this report. Our reported market value is for the total property as appraised, and no attempt has been made to evaluate any fractional interest, should they exist; Neither all nor any part of the contents of this report shall be conveyed to any person or entity, other than the APPRAISER'S or firm's CLIENT, through advertising, solicitation materials, public relations, news, sales, or other media without the written consent and approval of the authors, particularly as to valuation conclusions, the identity of the APPRAISER or firm with which the APPRAISER is connected, or any reference to the Appraisal Institute or MAI. Further, the APPRAISER or firm assumes no obligation, liability, or accountability to any third party. If this report is placed in the hands of anyone but the CLIENT, CLIENT shall make such party aware of all the assumptions and limiting conditions of the assign- ment; The submission of this report does not obligate us to give testimony, or to attend any court or governmental or other agency hearing, without prior arrangements having been made for such additional employment; and APPRAISAL/CONSULTATION AGREEMENT Ms. Genie Roberts City of Temecula August 19, 1997 Page Five If all data requested of the CLIENT is not provided, we shall include an additional limiting condition requiring our subsequent review of the items lacking. This proposal, or acceptance of this proposal, is not contingent upon, or related to, any anticipated value conclusions. APPRAISER'S fee will have been earned in full upon delivery of the completed report. This APPRAISAL/CONSULTATION AGREEMENT represents the entire Agreement between CLIENT and APPRAISER, and supersedes all prior negotiations or agreements, either written or oral. It shall be binding on the heirs, successors, and assigns of CLIENT and APPRAISER. This APPRAISAL/CONSULTATION AGREEMENT shall be governed by the laws of the State of California. In the event any provision of this Agreement shall be determined to be void or unenforceable by any court of competent jurisdiction, such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect. We thank you for the opportunity of presenting this proposal for your consideration. The terms and conditions of this Agreement shall remain valid for a 10-day period. If the proposal meets with your approval, please execute and return a signed original, together with the requested data. The assignment will be commenced upon receipt in or office of the complete package. Please feel free to contact our office if you have any questions. Respectfully submitted, BRUCE Vi. HULL & ASSOCIATES, INC. Bruc~~W. Hu, APPRAISAL/CONSULTATION AGREEMENT Ms. Genie Roberts City of Temecula August 19, 1997 Page Six APPRAISAL/CONSULTATION AGREEMENT AUTHORIZATION I hereby agree to the terms and conditions of the APPRAISAL/CONSULTATION AGREEMENT, detailed on the preceding pages, as submitted by Bruce W. Hull, MAI. Signature Date Title Company Name Street Address City, State & Zip Telephone and Facsimile Numbers PRINCIPAES WILLIAM L FIE[I)MAN LAWRENCE G. ROLAPP THOMAS G. jOHNSEN THOMAS M. DEMARS September 3, 1997 Fieldman, Rolapp & Associates SOUTHERN CALIFORNIA OFFICE 2100 MAIN STREET SUITE 210 IRVINE, CA 02614 714o660'8500 FAX 7140474*13773 Genie Roberts, Finance Director CITY OF TEMECULA 43174 Business Park Drive Temecula, CA 92590 REz Financial Advisory Services Community Facilities District No. 88-12 (Ynez Corridor) NORTHERN CALIFORNIA OEFICE 510'933'6096 FAX 510'933e6098 CHARTER MEMBER NATIONAL ASSOCIAI ION E)F INDEPENDENI PUBLIC FINANCE ADVISORS Dear Ms. Roberts; Pursuant to your request, Fieldman, Rolapp & Associates is pleased to submit this letter agreement (the "Agreement") to the City of Temecula (the "City") for municipal financial advisory services to be performed for the City related to Community Facilities District No. 88-12 (Ynez Corridor). We have extensive experience in handling this type of assignment. We offer to assist the City in a financial advisory capacity by utilizing and making available to you the research, statistical, and consultant staff of our orgamzation to such extent as may be necessary and helpful. Mr. Thomas Johnsen, as Project Manager and Mr. Larry Rolapp and staff, will be directly responsible for providing financial advisory services to the City. Our firm acts stricfiy in an advisory capacity. We do not underwrite nor do we broker securities. We are independent financial advisors and charter members of the National Association of Independent Public Finance Advisors. Our approach is to provide objective advice on a fee for service basis and develop the most cost effective approach for our clients. The following Phase I and Phase II Scope of Services relate primarily to the issuance of debt. Other services such as studies; analyses; review and recommendations pertaining to projects including, but not limited to debt financings and falling outside of the scope of our hereinafter described Phase I and Phase II services will be provided to the City as requested on a fee for service basis as described under Phase III herein. All assignments shall hereinafter be called the "Project". clients\temecula\97493\contract.doc SCOPE OF SERVICES We agree to provide the following advisory services in connection requirements as they pertain to the Project: with any and all financing I. Preliminary Survey We will confer with City staff, bond counsel, consultants, and other interested parties for the purpose of making a preliminary. survey of the Project and to assist in the formulation of a coordinated plan to fund the Project. II. Attendance at Public Meetings/Conferences We will attend meetings concerning the Project when deemed necessary and, in addition, be available to attend meetings and conferences to explain the effects of the proposed financing. III. Consultation/Advice We will be available for consultation and advice. IV. Work Sessions and Seminars We will be available to conduct and/or participate in work sessions and seminars, which may be held to discuss the Project and methods of public financing. Phase II services will commence upon appropriate action of the City directing the sale of the contemplated Debt(0. Phase I services shall be deemed completed upon commencement of Phase II services. We will perform the following additional services in conjunction with the marketing of the Debt. I. Municioal Securities Market Furnish the City with information concerning current municipal securities market conditions and make recommendations as to the technical details of the financing, including maturity schedules, funds, covenants, redemption features, credit enhancements, derivative products and other details which will, in our opinion, make the proposed financing most acceptable to prospective purchasers and, therefore, marketable at the lowest possible cost. For purposes of this Agreement, Debt and/or "Bonds" means Bonds, Certificates of Participation, Short-term Notes, Bond Anticipation Notes, Grant Anticipation Notes, derivative products or other evidence of indebtedness. -2- II. Sale of Debt III. Ratin~ A. Neeotiated Sale If it is determined to sell the Debt by negotiated sale, we will: Selection of Underwriters. Assist the City in the selection of a qualified underwriter whose reputation, financial strength, and experience will best serve the interests of the City. Consultation/Advice. Attend any meetings concerning the Project when deemed necessary and, in addition, be available for consultation and advice at such time as all Debt to finance the Project has been sold and thereaRer upon request. Negotiated Sale of Debt. contemplated Debt to the recommendations to the City. Assist the City in negotiating the sale of the underwriter selected and make appropriate Financial Review of Documents. Review the financial aspects of all documents relating to the marketing of the proposed Debt including the Official Statement, Disclosure Document and Purchase Agreement. Due Dilitence Meetine. When a due diligence meeting is held, we will participate in such due diligence meeting and assist the City in the examination of pertinent financial data. Multiple Sales/Security Review and Services to be Provided. In the event the authorized Debt is sold in more than one sale, we will review the financial terms and conditions of each offering to determine to what extent, if any, there is an impact on the security of each series of Debt and we will provide services for each series in accordance with this section. If deemed desirable, work with recognized rating service(s) in an attempt to obtain an advantageous rating of the Debt to be issued. IV. Insurance/Credit Facility If deemed desirable, we will assist the City in obtaining and analyzing the benefit of a letter of credit from a rated institution, a municipal bond insurance policy or other credit facility providing for guaranteed payment of principal and interest on the Debt. V. Attendance at C!osin~ We will compute dosing figures, including accrued interest, and assist bond counsel in coordinating events of the closing. -3- I. Investment of Proceeds We will assist the City to arrange the investment of proceeds of the Debt. This includes soliciting proposals from various investment service providers. II. Additional Work If the City desires additional work beyond the scope of this Agreement including, but not limited to: studies; analyses; recommendations; financing plans or; writing financial policies, procedures and guidelines, it will be performed when authorized on a time and material expense basis in accordance with our then current fee schedule or other basis agreeable to the City and the Financial Advisor. For all services to be rendered under Phase I and II of this agreement resulting in a negotiated sale of Debt hereunder, the City will pay us a fee based on the following schedule: PAR VALUE OF THE BONDS FEES $ -1- to $ 2,999,999 $ 25,000 $ 3,000,000 to $ 11,799,999 $ 33,500 $ 12,000,000 to $ 19,999,999 $ 38,500 $ 20,000,000 to $ 29,999,999 $ 47,000 $ 30,000,000 to $ 39,999,999 $ 51,000 $ 40,000,000 to $ 49,999,999 $ 56,500 $ 50,000,000 to $ 59,999,999 $ 62,000 $ 60,000,000 to $ 69,999,999 $ 67,500 $ 70,000,000 to $ 79,999,999 $ 73,500 $ 80,000,000 to $ 89,999,999 $ 79,000 $ 90,000,000 to $ 99,999,999 $ 84,500 Over $100,000,000 $ 90,000 However: for the Project a fee reduction will apply as indicated below: CLOSING DATE Before January 1, 1998 January 1, 1998 to April 1, 1998 April 2, 1998 to July 1, 1998 After July 2, 1998 PHASE I AND II FEE REDUCTION 30% 2O% 10% Full fee The City will reimburse us for usual and customary out-of-pocket expenses, including, but not limited to, the cost of printing and distributing or updating the Official Statement, costs of financial advertising and costs incurred in connection with travel if such travel is necessary in the furtherance of the Project and is authorized by the City. In connection with such travel, it may be that we will be called on to advance the costs of airfare, hotel accommodations, meals, and other related expenses incurred on behalf of the Project. It is understood that such advances will be considered as an advance to the City and not to any City official. Any advances shall be reimbursed to us within thirty (30) days after expenses are incurred. If the financing transaction closes within thirty (30) days after expenses are incurred, then expenses may be paid from the proceeds. City officials may be required to report any advances which are not reimbursed within thirty (30) days of expenditures on their financial disclosure statements. In addition, if it is possible to obtain a rating on the Debt from Standard & Poor's Corporation and/or Moody's Investor Service and/or other rating service and/or if municipal bond insurance and/or any derivative product is available and determined to be beneficial, the City agrees to pay for the costs of such rating and insurance and derivative product unless it is determined that the cost of insurance shall be borne by the underwriter at the bidder's option. PAYMENT I Payment for all services rendered under Phase I and II of this agreement and expenses incurred pursuant to this Agreement shall be paid at the closing of each Debt issue. All hourly fees shall be due and payable monthly unless otherwise agreed to by the City and Financial Advisor. It is expressly understood that this Agreement does not intend to and is not under any circumstances to be construed as requiring the Financial Advisor to perform any services which constitute the practice of law; the Financial Advisor is employed in an expert financial advisory capacity only. It is further understood that the Financial Advisor will not be requested to participate in, render an opinion or make any representation regarding full disclosure of, or decisions as to which matters should or should not be included in the official statement, the adequacy of the source of repayment, investment of proceeds or the financial feasibility of the "Project". The City, landowners, developers, consultants and other parties dealing with the City or involved in the Project will be funfishing to us various data, reports, studies, computer print-outs and other information and representations as to the facts involved in the Project which the City understands we will be using and relying upon in preparing the reports, studies, computer print-outs and other work products. We shall not be obligated to establish or verify the accuracy of the information funfished by or on behalf of the City, nor shall we be responsible for the impact or effect on its work products of the information funfished by or on behalf of the City, in the event that such information is in error and therefore introduces error into our work products. -5- If the foregoing Agreement is satisfactory to you, please take appropriate acceptance by signing and returning the original copy hereof. Respectfully submitted, nEL~J~,, N, ~LA~P/i ASSOCIATES Thomas G. Jqhnsen Principal TGJ:dl action to authorize its ACCEPTANCE Executed on behalf of the City of Temecula this __ day of By: Title: Date: , 1997. I -6- SCHEDULE "A" SCHEDULE OF FEES EFFECTIVE JULY I, 1997 Princioals of the Firm $195 Per Hour* Vice President $150 Per Hour Assistant Vice President $130 Per Hour Associate/Senior Associate $115 Per Hour Administrative Assistant $75 Per Hour Secretarial Staff $35 Per Hour *The rate for the Managing Principal will be $245. O0 per hour. -7- ITEM 19 ORDINANCE 9%16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOW: Section 1. The City Council finds: A. The Temecula Municipal Code currently establishes a curfew for minors between the hours of eleven p.m. and five a.m. B. In Nunez v. City of San Diego, 97 D.A.R. 7221 (June 10, 1997), the Ninth Circuit considered an ordinance adopted by the City of San Diego which prohibited minors from loitering between 10 p.m. and sunrise. The court found the ordinance unconstitutional because it did not contain exceptions to allow minors to engage in constitutionally protected activities. C. The City's curfew is distinguishable from the curfew considered by the Nunez court because it does not restrict constitutionally protected activities in the same way. D. The ongoing application of the curfew is necessary to promote compelling governmental interests because it reduces juvenile crime and juvenile victimization. Minors are particularly vulnerable to violence due to their lack of maturity and experience and their limited ability to make critical decisions in an informed and mature manner. E. The City Council desires to clarify that the curfew does not restrict constitutionally protected activities. Section ~. Chapter 9.12 of the Temecula Municipal Code is hereby amended to read as follows: "CHAPTF. R 9.12. CLIRFEWS FOR MINORS: A. Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hours of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C. of this Section. B. Parental Responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this Section is guilty of an infraction. C. This section shall not apply if the minor is: 1. Accompanied by a custodial person or by the minor's spouse over eighteen (18) years of age; 2. On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over eighteen (18) years of age; 3. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child; 4. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity; 5. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years of age; 6. Involved in an emergency or seeking medical assistance; 7. Exercising First Amendment rights protected by the Constitution or the California Constitution, including but not limited to: religion, freedom of speech and freedom of assembly; United States free exercise of 8. In the right-of-way abutting the minor's residence; 9. In a motor vehicle involved in interstate travel; 10. Emancipated pursuant to State law and California Family Code Section 7000, et sea., including but not limited to the following reasons: married or in the military 11. Homeless. D. Community Service or Parenting Classes for First Offense: On a first offense, the Court may order community service or parenting classes instead of a fine, as may be appropriate. 0rds\97-16 2 E. Definitions: 1. The word "emergency" as used in this Section means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. 2. The word Uminor" as used in this Section means a person under the age of eighteen (18) years. 3. The word ~custodial person" as used in this Section means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by such parent or legal guardian with the care and custody of the child. F. Enforcement Procedures: A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in Subsection C. apply. G. Power of Law Enforcement Officers: Nothing in this Section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this Section not been enacted. Section 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Ords\97-16 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Temecula this 23rd day of September, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-15 was introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of September, 1997 and was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of September, 1997, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Ord~\97-16 4 ITEM 20 ORDINANCE NO. 97-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, an Ordinance of the City Council of the City of Temecula authorizing an amendment to the contract between the City Council of the City of Temecula and Board of Administration of the California Public Employees' Retirement System. The City Council of the City of Temecula does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of Temecula and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of Temecula is hereby authorized, empowered, and directed to executive said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days from the passage thereof and prior to said date shall be published at least once in the Californian, a newspaper of general circulation, published and circulated in the City of Temecula and thenceforth and thereafter the same be in full force and effect. PASSED, APPROVED AND ADOPTED this 23rd day of September, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] Ords\97-13 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-13 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th of August, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of September 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: C OUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Ords\97-13 2 EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TEMECULA The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 1, 1990, and witnessed November 8, 1990 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 10 are hereby stricken from said contract as executed effective December 1, 1990, and hereby replaced by the following paragraphs numbered 1 through 10 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. Public Agency shall participate in the Public Employees' Retirement System from and after December 1, 1990, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: Employees other than local safety members (herein referred to as local miscellaneous members). Any exclusion(s) shall remain in effect until such time as the Public Employees' Retirement System determines that continuing said exclusion(s) would risk a finding of non-compliance with any federal tax laws or regulations. If such a determination is contemplated, the Public Employees' Retirement System will meet with the Public Agency to discuss the matter and coordinate any required changes or amendments to the contract. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). c. Section 21572 (Increased Level of 1959 Survivor Benefits). do Section 21024 (Military Service Credit as Public Service), Statutes of 1976. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 8. Public Agency shall also contribute to said Retirement System as follows: go A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of ,19__ BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF TEMECULA BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFICER Witness Date Attest: AMENDMENT PERS-CON-702A (Rev. 8\96) Clerk TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 26, 1997 A regular meeting of the Temecula Community Services District was called to order at 8:42 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL Present: Absent: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone 0 DIRECTORS: None Also present were General Manager Bradley, District Counsel Thorson, and District Secretary Greek. PUBLIC COMMENTS None. CONSENT CALENDAR MOTION: Director Lindemans moved to approve Consent Calendar Item Nos. I - 3. The motion was seconded by Director Ford and voice vote reflected unanimous approval. 1. Minutes RECOMMENDATION 1.1 Approve the minutes of August 12, 1997. 2. Financial Statements for Year End RECOMMENDATION 2.1 Receive and file the Combining Balance Sheet as of June 30, 1997, and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Year Ended June 30, 1997; 2.2 Approve the transfer of $21,530 to the 1998-97 parks and recreation utilities account; 2.3 Appropriate $8,710 to the 1996-97 "Service Level B" residential street Minutes.csd\082697 1 lighting account. 3. Award of Contract - MuniFinancial, Inc. RECOMMENDATION 3.1 Approve contract of $21,000 with MuniFinancial, Inc. to provide ongoing services related to administration of the City's Park/Street Lighting Tax and the TCSD Rates and Charges. DISTRICT BUSINESS 4. Proposed Residential Street Lighting and Slope/Landscape Maintenance Fee - Tract 28309 (Regency Homes) RECOMMENDATION 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO, 28309 {REGENCY HOMES) BEGINNING FISCAL YEAR 1998-99 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH Director of Community Services Nelson reviewed the staff report {as per agenda material), advising that at this point in time, the Service Level B cost of $25.68 per parcel covers the utility cost of the street lights but noted that a City-wide cost analysis of the service levels would be forthcoming. MOTION: Director Lindemans moved to adopt Resolution No. CSD 97-06. The motion was seconded by Director Birdsall and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS None. DIRECTOR OF COMMUNITY SERVICES REPORT A. Director of Community Services Nelson informed the Directors that a check in the amount of $181,643.00 {Federal funds from the CDBG Program) has been transmitted to Minutes. csd~08 2697 2 the Temecula Town Association and, thereby, advising that the City of Temecula now owns, free and clear, the Temecula Community Center. B. For Director Stone, Director of Community Services Nelson provided a brief progress report with regard to the completion of Margarita Park (15 acres) and Winchester Creek Park (4.5 acres), noting that by summer 1998 both parks should be open to the public. GENERAL MANAGER'S REPORT None. BOARD OF DIRECTOR'S REPORT None. ADJOURNMENT At 8:49 P.M., this meeting was formally adjourned to Tuesday, September 9, 1997 at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, President June S. Greek, CMC/AAE City Clerk/District Secretary Minutes.csd\082697 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD SEPTEMBER 9, 1997 A regular meeting of the Temecula Community Services District was called to order at 7:40 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: ABSENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. DIRECTOR OF COMMUNITY SERVICES REPORT None given. GENERAL MANAGERS REPORT None given. BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Linderoans, seconded by Director Birdsall to adjourn at 7:41 PM to a meeting on September 23, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Jeffrey E. Stone, President ATTEST: June S. Greek, CMC/AAE City Clerk/District Secretary r:\minutes.csd\090997 -1 - TCSD DEPARTMENTAL REPORT APPROV,~/ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: September 23, 1997 SUBJECT: Departmental Report PREPARED BY: (~ Gall L. Zigler, Administrative Secretary,~ Margarita Community Park is in the final plan check. Athletic field lighting has been added to the project and is currently being reviewed by the School District. The Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, pedestrian walkways, a roller hockey rink, tennis courts, and ballfield lighting. It is anticipated this project will go out to bid in October, 1997. The 6th Street Parking and Restroom Project is complete and a dedication ceremony was held on August 22, 1997. This project is the first built as part of the Old Town Specific Plan. Amenities include a restroom facility, public lockers and eighty (80) parking stalls. Additionally, the Temecula Stage Stop transportation center will be located on this site. The ADA upgrades project bid opening was held on September 4, 1997. Staff will be bringing forward a recommendation to the City Council on September 23, 1997. This project provides handicap accessibility to the following park sites: John McGee Park, Calle Aragon Park, Bahia Vista Park, Rancho California Sports Park and Veteran's Park. The Winchester Creek Park project has been returned to the architect for second plan check. This park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor basketball court, a sand volleyball court and open turf areas. It is anticipated this project will go out to bid in November, 1997. Plan check for Phase II of the Temecula Duck Pond improvements is nearly complete. The engineers are finalizing their plan check for the widening of Ynez Road, along the Duck Pond property, to its ultimate width. This project should be out to bid in October 1997. A Request For Proposal was released for the design of the under crossing under Winchester Road, connecting the east and west portions of the Santa Gertrudis Creek Trail. RFP's are due on September 19, 1997. Staff anticipates bringing forward a recommendation to the City Council in late October, 1997. Pc~A~AGENDAS\DEPT46 Septtuber 11, 1997 The City of Temecula has entered into an agreement with the Church of Latter Day Saints - Meadowview Chapter, in conjunction with Outdoor Media Group and City Staff, to renovate the entry monument signs at the Temecula City limits. This project consists of removing the overgrown shrubs and debris around the signs and repainting the signs. The project should be complete by the end of September, 1997. On August 26, 1997, the City Council directed staff to prepare an RFQ for a Cultural Arts Master Plan. Staff has prepared a draft of the RFQ and it is anticipated the RFQ will be released by the end of September, 1997. The purpose of the RFQ is for the development of a ten (10) year Cultural Arts Master Plan for the City of Temecula. The Community Services Department released a RFP for a temperature control system at the Community Recreation Center gymnasium. Staff will bring forward a recommendation to award a design services contract to the Temecula Community Services District Board of Directors in October, 1997. R:~AVAOE1VDAS~DEPT4~ $ep~muber 11, 1997 REDEVELOPMENT AGENCY ITEM 1 INDEX CITY OF TEMECULA REDEVELOPMENT AGENCY AUGUST 26, 1997 SUBJECT PAGE ROLL CALL 1 PUBLIC COMMENTS 1 CONSENT CALENDAR 1 - 2 AGENCY BUSINESS 3 - 5 Employment and Workforce Study Reports and Approval of Contract for Labor Force Study DEPARTMENTAL REPORT 5 REDEVELOPMENT DIRECTOR'S REPORT 5 EXECUTIVE DIRECTOR'S REPORT 5 AGENCY MEMBERS' REPORT 5 ADJOURNMENT 6 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 26, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:49 P.M., at City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Ford presiding. ROLL CALL Present: 5 Agency Members: Birdsall, Ford, Lindemans, Roberts, and Stone. Absent: 0 Also present were Executive Director Bradley, Agency Counsel Thorson, and Agency Secretary Greek. PUBLIC COMMENTS None. CONSENT CALENDAR Member Stone advised that he would be abstaining with regard to Consent Calendar Item No. 4 MOTION: It was moved by Member Lindemans, seconded by Member Birdsall, to approve Consent Calendar Item Nos. 1 - 4. The motion carried unanimously by voice vote with Member Stone abstaining with regard to Item No. 4 only. 1. Minutes RECOMMENDATION 1.1 Approve the minutes of August 12, 1997. 2. Financial Statements for the Year Ended June 30. 1997 RECOMMENDATION 2.1 Receive and file the Combining Balance Sheet as of June 30, 1997, and the Statement of Revenues, Expenditures and Changes in Fund Balances for the Year Ended June 30, 1997. Minutes.rda\082697 -I- 2.2 Approve the transfer of $114,420 in the CIP/Economic Development Fund. 3. Amendment No. § to Norm Reeves Lease RECOMMENDATION 3.1 Approve as to form Amendment No. § to the Lease Agreement with Donna L. Reeves Trust and authorize the Executive Director and Agency Attorney to execute the amendment. 4. Ac(;luisition of Property for the Affordable Housing Program RECOMMENDATION 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 97-07 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY F TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ALONG THE WESTSIDE OF PUJOL STREET, NORTH OF FIRST STREET (APN 922-062-017) IN THE CITY OF TEMECULA 4.2 Authorize the expenditures of up to $50,000 from RDA Housing set-aside funds for acquisition, escrow, and closing costs. AGENCY BUSINESS 5. Employment and Workforce Study Reports and Approval of Contract for Labor Force Study RECOMMENDATION 5.1 Receive and file the 1997 Demographic Report from ECAP; 5.2 Receive and file the 1997 Workforce Study; 5.3 Receive and file the report from Mount San Jacinto College on Workforce Development; 5.4 Approve a contract with the Resource Group to perform a labor survey and authorize Executive Director and Agency Chairperson to execute the agreement. Minutes.rda\O82697 -2- Referencing the 1997 ECAP Demographic Report prepared by Dr. John Husing, the 1997 Workforce Study prepared by Esteban Soriano (The Resource Group), and the Workforce Development Report prepared by DeLoise King, Redevelopment Director McLarney requested the Council's approval of a contract with the Resource Group to further update the Labor force Study of 1994 for the Valley. As per overheads (of record), Dr. Husing, in detail, reviewed his findings as reflected in the Demographic, Economic, Quality of Life Data and expressed appreciation for having had the opportunity to work with Redevelopment Director McLarney. In response to comments/questions/concerns expressed by the Directors, Dr. Husing noted the following: that one weakness the City has is the shortage of space occurring in industrial real estate especially at a time when there is going to be a strong demand for this type of space; resolution -- to build more space; that the City's industrial price per square foot, although somewhat high, probably won't go down because the City will not be able to build such facilities fast enough to meet the demand. In order to properly address some of the issues/concerns noted in the Report, Member Lindemans suggested that Dr. Husing be requested to prepare a recommendation report in which resolutions to those issues/concerns are addressed. Advising that the economy for many regions as well as this City is based on local businesses, their quality of workforce, and their ability to stay competitive to be effective and efficient, Mr. Esteban Soriano (The Resource Group), in detail and by way of overheads, reviewed the 1997 Workforce Study and clearly apprised the City of the local businesses' desire for the City to provide business friendly rules, regulations, and programs, and to assist in identifying available training programs for the local workforce offered by area colleges, schools, and training agencies, ensuring a more competitive workforce as well as continued business growth and a more qualified workforce. Member Birdsall commented on the need to establish an agency or designate an individual who would be responsible in apprising and informing newly formed businesses as to the requirements necessary to start a new small business. Ms. DeLoise King, Dean of Business and Economic Development, in detail, addressed the role that Mount San Jacinto College would play in providing the necessary training needs of the community; addressed needs specific to the City of Temecula; reviewed the various delivery systems with special emphasis on the customized training for business and industry. Member Birdsall noted that the businesses in the City need to be apprised of the availability of customized training for business and industry and suggested that similar training needs of Minutes.rda\082697 -3- various small businesses be coordinated and that a group training session be scheduled, encouraging that the small business derive benefits from such a program, not just larger corporations. Redevelopment Director McLarney noted that the Economic Development Strategic Plan's primary focus for fiscal year 1998 is labor development and retention. In response to Member Lindemans, it was noted that college classes are currently being offered at the local high schools for which the individual taking such a college class will receive college credit. MOTION: Member Stone moved to extend the Redevelopment Agency to 10:30 P.M. Member Lindemans seconded the motion and voice vote reflected unanimous approval. In response to Member Stone, Ms. King relayed interest in discussing the expansion of the Temecula Educational Apprenticeship Model (TEAM) Project with him. MOTION: Member Birdsall moved to approve a contract with the Resource Group to perform a labor survey and authorize the Executive Director and Agency Chairperson to execute the agreement. Member Lindemans seconded the motion and voice vote reflected unanimous approval. DEPARTMENTAL REPORT None. REDEVELOPMENT DIRECTOR'S REPORT None. EXECUTIVE DIRECTOR'S REPORT Executive Director Bradley commented on the City's accomplishments/successes over the last several years and expressed his anticipation for nothing but the same. AGENCY MEMBERS' REPORTS In light of the results of the above-mentioned studies, Member Stone proudly noted that the economic development programs undertaken by the City have proven to be successful (incentives to recruit businesses, investment in Chamber of Commerce, investment in EDC, etc.) Minutes.rda\O82697 -4- ADJOURNMENT At 10:02 P.M., the meeting was formally adjourned to Tuesday, September 9, 1997, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Steven J. Ford, Chairperson June S. Greek, CMC/AAE City Clerk/Agency Secretary Minutes.rda\082697 -5- MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD SEPTEMBER 9, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:38 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Steven J. Ford presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUB! IC COMMFNTS None given. JOINT 1 CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING Planning AJ~l~lication No. PA97-0771. An Amendment to the Old Town SDecific Plan Establishing the In-Lieu Parking Fee Program and Revising the Parking Re(;luirements. and Planning ADDlication No. PA97-0767 Establishing the Parking Incentives for the Sixth Street Parking Lot. Planning ADI;)lication No. PA97-0797 Establishing the Parking In-Lieu Fee for Old Town Councilmember Stone announced he has a conflict of interest due to property ownership in Old Town. Associate Planner Saied Nasseh presented the staff report, presenting revised resolutions and a revised ordinance modifying provisions of the incentive program. Councilmember Lindemans expressed concern regarding the pay-back provisions of this program. Housing and Redevelopment Manager John Meyer explained the intention of the incentive program is to provide a method by which property owners could develop their property with a reduced number of parking spaces and could pay fees in lieu of the required spaces and receive credit based on the new public parking facility at 6th Street. City Manager Bradley suggested continuing this item to allow for further discussion. Mayor Birdsall opened the public hearing at 8:13 PM. It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to Minute$.rda\090997 -1- continue the public hearing to the first meeting in November. The motion was unanimously carried with Councilmember Stone abstaining. It was moved by Mayor Pro Tern Roberts, seconded by Mayor Birdsall to appoint Councilmembers Lindemans and Ford to serve on an ad hoc sub-committee to work with staff on several areas of concern expressed by Council. The motion was unanimously carried with Councilmember Stone abstaining. REDEVELOPMENT DIRECTOR'S REPORT Redevelopment Director Mary Jane McLarney announced the Murrieta Creek Clean-Up will be held on Saturday, September 13, 1997, beginning at 7:00 AM. EXECUTIVE DIRECTOR'S REPORT None given. AGENCY MFMBFR'S REPORTS None given. ADJOURNMFNT It was moved by Agency Member Stone, seconded by Agency Member Lindemans to adjourn at 8:16 PM to a meeting on September 23, 1997, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: Steven J. Ford, Chairperson June S. Greek, CMC/AAE City Clerk/Agency Secretary Minutes.rda\090997 -2- ITEM 2 APPROV~]j~ CITY ATTORNEY /~/ DIRECTOR OF FINAN~E~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Redevelopment Agency FROM: Ronald E. Bradley, Executive Director DATE: September 23, 1997 SUBJECT: PREPARED BY: RECOMMENDATION: Non-Disturbance and Attornment Agreement with McDonalds Corporation (Temecula Shuttle - Sixth and Front Streets) Shawn D. Nelson, Director of Community Services eryl Yasinosky, Development Services Analyst That the Redevelopment Agency: Approve the Non-Disturbance and Attornment Agreement by and between the Redevelopment Agency and McDonalds Corporation in substantially the form attached to this Report. 2. Authorize the City Clerk to record the agreement. BACKGROUND: On March 13, 1996, the Redevelopment Agency of the City of Temecula entered into a thirty (30) year ground lease agreement with Dual Development, Inc., DBA Temecula Shuttle, to allow for the construction and operation of a public transportation and retail facility on City-owned property at the corner of Sixth and Front Streets. Pursuant to the terms of the ground lease, Dual Development is allowed to sublease retail space without additional approvals from the Redevelopment Agency, as long as the sublease complies with the terms of original agreement and applicable zoning. As a result, Dual Development recently entered into a sublease agreement with McDonalds Corporation for the development of a McDonalds restaurant on the property. The initial term of the sublease is for 10 years, with two automatic E year extensions. A copy of the sublease agreement is attached for your review. As part of the sublease with Dual Development, McDonalds is requesting that the Redevelopment Agency enter into a "Non-Disturbance and Attornment Agreement" with McDonalds. This type of an agreement is standard for commercial subleases and clarifies the relationships of the parties and confirms that all parties agree to the sublease. The agreement also provides that in the event of default or termination of the ground lease with Dual Development, the McDonalds sublease would become a direct lease with the Redevelopment Agency, subject to the terms of this agreement. R:\yasinobk\sublease.mcd 092397 The attached Non-Disturbance and Attornment Agreement has been reviewed by the City Attorney and protects the rights of the Redevelopment Agency without placing any unreasonable burdens on McDonalds. Although the Redevelopment Agency is not obligated to enter into this agreement, approval of this agreement is recommended to ensure a long-term commitment from McDonalds and help to facilitate development of the facility. The terms of the Sublease will need to be changed so that the Landlord under the Lease is "Dual Development, DBA Temecula Shuttle" rather than "Ed and Kathy Dool" as the lease with the Agency is with Dual Development rather than Ed and Kathy Dool. The proposed Non-Disturbance and Attornment Agreement ("Agreement") contains the following significant agreements between the Agency and McDonalds which the Agency Board will be approving: 1. The Agency consents to the Sublease between Dual Development and McDonalds; The Agency agrees not to disturb or modify McDonald's right of possession and its other rights under the Sublease during the term of the Sublease; The Agency agrees not to name McDonalds as a defendant in any legal action involving its lease with Dual Development; If the Lease with Dual Development terminates for any reason before the expiration of the term of the McDonald's Sublease, then the McDonald's Sublease will remain in effect and becomes a direct lease between the Agency and McDonald's under the same terms as the Sublease; provided that the Agency would not be liable for any acts or omissions of Dual Development prior to termination nor would the Agency be subject to the provisions relating to the covenant not to compete set forth in Section 5.G. of the Sublease; If the Lease between the Agency and Dual Development terminates for any reason, all references to Landlord's property shall be limited to the areas designated in the Lease and shall not include any property held by the Agency or the City of Temecula; 6. The terms of the Sublease control over the terms of the Lease; 7. The Sublease shall not be terminated by a default of Dual Development under the Lease; Under the terms of the proposed Agreement, if the Lease between Dual Development and the Agency terminates for any reason, the Sublease becomes a direct lease between the Agency and McDonald's. The Agency will assume the responsibility of Dual Development (except for any defaults of Dual Development) and will be subject to all of the terms of the Sublease applicable to Dual Development. Thus, the Agency will be required to honor the rent provisions of the Sublease and will have no opportunity to renegotiate the rent. Under the Sublease, McDonald's rent during the first year of the Sublease will be 4% of the Gross Sales (as defined in the Sublease) each month. Rent during the Second Year will be 5% of the Gross Sales but only if the Gross Sales during the First Year were at least $600,000 and exceed 110% of First Year Gross Sales. After the First Year, the rents will vary between 5% and 14% depending on the amount of Gross Sales and the year of the Sublease. R: \yasinobk\sublease. mcd 092397 McDonald's may terminate the Sublease if after the First Year, Gross Sales are less that $400,000 for any 12 month period. Under the Agreement, Agency may terminate the sublease if the premises is not used as a restaurant. Additionally, Dual Development will be required to maintain certain areas of the facility at 6th and Front and will receive a contribution for such maintenance from McDonalds. The Agency would assume this obligation if the Lease with Dual Development should terminate for any reason. FISCAL IMPACT: None. ATTACHMENTS: Non-Disturbance and Attornment Agreement. Sublease Agreement for Temecula Shuttle Property. Original Ground Lease and Amendments. R: \yasinobk \sublease. mcd 092397 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: June Greek, City Clerk EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 NON-DISTURBANCE AND ATTORNMENT AGREEMENT (Redevelopment Agency of the City of Temecula) THIS AGREEMENT, dated this 23rd day of September, 1997, is by and between McDonald's Corporation (the "Sublessee") and Redevelopment Agency of the City of Temecula (the "Fee Owner"). PRELIMINARY STATEMENTS A. The Sublessee has executed a Sublease dated June 3, 1997 (the "Sublease"), with Dual Development, DBA Temecula Shuttle (the "Sublessor"), for the premises described in Exhibit A (the "Premises"). The Fee Owner acknowledges r~eipt of a copy of the Sublease, a true correct and complete copy of which is attached hereto as Exhibit B. B. The Fee Owner has leased the Premises or a portion of the Premises to Dual Development, DBA Temecula Shuttle by a lease dated March 13, 1996 as amended on August 27, 1996 and on April 22. 1997. The Sublessee acknowledges receipt of a copy of the Lease and each amendment thereto (the "Head Lease"). C. The Fee Owner and the Sublessee desire to establish certain rights, safeguards, obligations and priorities with regard to their respective interest by means of this Non- Disturbance and Attornment Agreement. 9/15/97 11087-00001 sas 1480537 (0) TERMS OF THE AGREEMENT IN CONSIDERATION of the mutual covenants of the parties and other good and valuable consideration, the Sublessee and the Fee Owner agree as follows: 1. The Preliminary Statements set forth above are acknowledged as true and correct and are incorporated into this Agreement. 2. The Fee Owner consents to the execution and delivery of the Sublease by and between Dual Development, DBA Temecula Shuttle and McDonald's Corporation dated as of , 1997. The consent of the Fee Owner to the Sublease and the provisions of this Agreement shall only apply with respect to the Premises and to no other property of the Fee Owner and shall apply only with respect to the terms of the Sublease dated as of , 1997, which is attached hereto as Exhibit B. The terms of this Agreement shall not be applicable to such amendment or modification of the Sublease unless the terms of this Agreement are specifically amended to so indicate. 3. Provided the Sublease is in full force and effect and the Sublessee is not in default under the Sublease, (beyond any period given the Sublessee to cure the default), then: a. The Sublessee's right of possession to the Premises and the Sublessee's other rights, duties and obligations arising out of the Sublease between the Sublessee and the Sublessor shall not be disturbed, modified, enlarged or otherwise affected by the Fee Owner in the exercise of its rights or in the performance of its obligations, or in any other manner under the Head Lease between the Fee Owner and the Sublessor. Further, the Sublessee shall not be named as a party defendant in any proceedings resulting from a default of the Sublessor nor in any other way be deprived of its rights under the Sublease between the Sublessor and the Sublessee. b. If the current term of the Head I_ease or any renewal shall terminate before the expiration of the term of the Sublease, as the Sublease may be renewed in accordance with its terms, the Sublease, if then in existence, shall continue as a Lease between the Fee Owner as Lessor, and the Sublessee as Lessee, with the same force and effect as if the Fee Owner as Lessor, and the Sublessee as Lessee, had entered into a Lease as of the date of termination of the Head Lease, containing the same terms, covenants and conditions as those contained in the Sublease, including the rights of renewal, except for Section 5. G., Covenant Not to Compete, Visibility and Access, for a term equal to the unexpired term of the Sublease. In the event the Head Lease is terminated and the Sublease becomes a direct lease with the Fee Owner, Sublessee agrees that (1) the Fee Owner may terminate the sublease if the Premises is not used as a restaurant for a period of sixty (60) consecutive days or sixty (60) non- consecutive days within a one hundred twenty (120) day period and (2) that in any request or demand submitted to the Fee Owner which requires the Fee Owner to act 9/15/97 11087-00001 aas 1480537 (0) 2 within a specified period of time, Sublessee shall notify the Fee Owner of any such time limits as part of the request or demand. c. If any term, provision, covenant or condition of the Sublease is or shall be contrary, contradictory, conflicting or silent with respect to any term, provision, covenant or condition of the Head Lease, except as provided above, the Sublease shall control and determine the Sublessee's rights, duties and obligations with respect to the Sublessee's possession, use and enjoyment of the Premises. d. In the event that the Fee Owner exercises any of its remedies in the event of a default by the Sublessor, as provided for in the Head Lease between the Sublessor and the Fee Owner, the Sublease between the Sublessee and the Sublessor shall not be terminated or affected by the default or actions of either party. The Sublessee covenants and agrees to attorn to the Fee Owner as its new Lessor if the Sublessor's rights under the Head Lease between the Fee Owner and the Sublessor are terminated, and the Sublease between the Sublessee and the Sublessor shall continue in full force and effect as a direct lease between the Sublessee and the Fee Owner, upon all of the terms, covenants, conditions, and agreements as set forth in the Sublease between the Sublessor and the Sublessee, except for Section 5.G. of the Sublease, Covenant Not to Compete, Visibility and Access, which term shall not be applicable to the Fee Owner. Additionally, in the Sublease becomes a direct lease with Owner may terminate the sublease if event the Head Lease is terminated and the the Fee Owner, Sublessee agrees that (1) the Fee the Premises is not used as a restaurant for a period of sixty (60) consecutive days or sixty (60) non-consecutive days within a one hundred twenty (120) day period and (2) in any request or demand submitted to the Fee Owner which requires the Fee Owner to act within a specified period of time, Sublessee shall notify the Fee Owner of any such time limits as part of the request or demand. However, in no event shall the Fee Owner be: (I) liable for any act or omission of the Sublessor; (ii) subject to any offsets or deficiencies which the Sublessee might be entitled to assert against the Sublessor; or (iii) bound by any payments of rent or additional rent made by the Sublessee to the Sublessor for more than one month in advance. 4. Sublessee agrees and acknowledges that its use of the subject Property is subject to all applicable laws and ordinances and that nothing contained in the Sublease shall excuse or operate as an exemption from such requirements. Additionally, Sublessee agrees and acknowledges that Fee Owner is a governmental entity and that if the Head lease terminates or expires prior to the expiration of the Sublease and the Sublease continues with the Fee Owner, the Sublessee acknowledges that the property interest thereby created may be 9/15/97 11087-00001 sas 1480537 (0) 3 subject to property taxation and that the Sublessee will pay all real property taxes assessed thereon, including any possessory interest taxes. 5. All notices or communications with respect to this Agreement shall be sent in accordance with the terms of Section 20.F. of the Sublease, provided that any notice or communication to the Fee Owner shall be addressed as follows: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589" Attention: Executive Director 6. The above provisions shall be self-operative and effective without execution of any further instruments on the part of either party. However, the Sublessee agrees to execute and deliver to the Fee Owner or to any other person to whom the Sublessee agrees to attorn such other instruments as either shall request in order to comply with these provisions. 7. This Agreement may not be modified other than by an agreement in writing signed by the parties or by their respective successors in interest. 8. This Agreement shall run with the land and inure to the benefit of and be binding upon the parties and their successors and assigns. To indicate their agreement to the above, the parties or their authorized representatives or officers have signed this document as of the date first written above. SUBLESSEE: MCDONALD'S CORPORATION, A DELAWARE CORPORATION By: Name: Title: By: Name: Title: 9/15/97 11087-00001 sas 1480537 (0) - 4 - FEE OWNER: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Steven Ford Chairperson Attest: June S. Greek Secretary Approved as to Form: Peter M. Thomson City Attorney 9/15/97 1108%00001 sas 1480537(0) - 5 - EXHIBIT A. LEGAL DESCRIPTION OF PROPERTY SUBJECT TO LEASE 9/15/97 11087-00001 sas 1480537 (0) - 6 - EXHIBIT "A" That portion of Lot I of Tract Map 23925, as shown by Map on file in Book 209 of Maps at pages 21 through 23, Records of Riverside County, California, described as follows: Beginning-at the most westerly corner of said Lot 1; Thence North 44° 25' 45" East, along the northwesterly line of said Lot, a distance of 147.87 feet; Thence South 45° 34' 15" East, a distance of 26.98 feet; Thence South 44° 25' 45" West a distance of 18.33 feet; Thence South 45° 30' 01" East, a distance of 2.21 feet; Thence South 05° 45' I7" West a distance of 35.51 feet; Thence South 45° 30' 01" East, a distance of 68.87 feet; Thence South 14° 29' 59" West a distance of 36.24 feet; Thence South 44° 29' 59" West a distance of 9.50 feet; Thence South 45° 30' 01" East, a distance of 11.62 feet to a point in the northwesterly fight-of-way line of 6th Street as shown on said map; feet; Thence South 44° 25' 43" West along said fight-of-way line, a distance of 43.98 Thence South 85° 53' 32" West along said right-of-way line, a distance of 22.69 feet to a point in the northeasterly fight-of-way line of Front Street as shown on said map; Thence North 45° 30' 01" West along said fight-of-way line, a distance of 134.92 feet to the Point of Beginning. 95-0212/Lea~ePat.des Containing 0.37 acres, more or less. PREPARED UNDER MY SUPERVISION: Matthew E. Webb, L.S. 5529 Prepared by: Checked by://4 95-0212/I..easePat .d¢~ UNE L~ L3 L4 1.5 L6 L? L~ 1.9 SCALE: DATE: OR. BY: W.O.: SCALE: N44'25'45" £ N44'2§'45'E N45'30'0 !' W S05"45' ! '7'W N45'30'01'W N14'29'59" E 1,144'29'59' E N45'30'01'W N44'25'43"E N85'53'32*E N4§'30'01'W S45'3,4' 15' E 1" =80' 2/16/96 95-021 2 1" =80' 47.87' 18.33' 2.21' 35.51' 68.87' 36.24' 9.50' 11.62' 43.98' 22.69' 34.92' 26.98' I ~ ---'I~ERCEDES ~ STRE="I' - N45'30'43' W ~ 30' 30' L5 LEASE PARCEL LE q 16.003 S.F. OR 0.37 AC. ~ 30' [ 30' N45'30'O1"W /~_ s Rg r EXHIBIT "1" LEASE PARCEL ALBERT A. WEE~ ASSOC4ATES CIVIL ENGINEERS SHEET OF 1 1 SHEETS EXHIBIT B. COPY OF SUBLEASE 9/15/97 11087-00001 sas 1480537 (0) 7 City/State: Temecula. CA Address: SEC Sixth @ Front L/C: 004-3234 STREET RETAIL LEASE (Multiple Tenant) EXHIBIT "B" THIS LEASE. dated June 3. 1997. is between Ed and Kathy Dool ("Landlord"). husband and wife. and McDonald's Corporation. a Delaware Corporation ("Tenant"). Premises: Landlord, in consideration of the covenants contained in this Lease, leases to Tenant. and Tenant leases from Landlord. a portion of the building ("Building") and land identified as the NEC of Sixth @ Front Streets, Temecula, CA, depicted on Exhibit A ("Premises"). The Premises consist of approximately 1.290 square feet of ground floor space, together with approximately 1200 square feet of patio area located to the southeast of the Building /the Patio Area), described in the plan attached as Exhibit B, If Tenant has the Premises surveyed. the parties shall execute an amendment adding the legal description as Exhibit A- 1. Landlord grants to Tenant an easement for ingress/egress and parking over the parking lot area, described in the plan attached as Exhibit B and easements over the common axeas in the Building and easements in and outside of the Building as Tenant may require for trash purposes. for loading and unloading Tenant's supplies, for venting Tenant's equipment, and for the installation. repair and maintenance of Tenant's utility lines and HVAC systems, with access to such lines and equipment, on the roof and elsewhere, for the term of this Lease. The areas referred to above shall be made available for Tenant's use and Landlord shall not alter or modify these areas so as to interfere with Tenant's business operations. or the access to or visibility of the Premises. The easements described above shall be collecuvely referred to as "Easements." 2. Term: mo Bo Tenant shall lease the Premises for a term commencing on the date of the final execution of this Lease and ending Ten (10) years from the date Tenant opens for business in the Premises ("Primary Term"). The term of this Lease shall be extended automatically for two (2) successive option periods of five (5) years each upon the same terms and conditions. Tenant may elect to terminate this Lease at the end of the Primary, Term or any option period by sending notice to Landlord at least 90 days prior to the expiration of the then current term. When the term of this Lease is ascertainable. Landlord and Tenant shall enter into a supplement, suitable for recording. which shalt specify the expiration date of the Primary Term and the rent commencement date. Rent: Tenant's obligation to pay percentage rent (Rent) shall commence on the date Tenant opens for business in the Premises. During the First Lease Year (as defined below), Tenant wiU pay to Landlord monthly Rent equal to four percent (4%) of Gross Sales (as hereafter defined) generated from the Premises during such month. During the Second Lease Year. Tenant will pay to Landlord monthly Rent equal to five percent (5%) of Gross Sales generated from the Premises during such month. However, if Tenant's Gross Sales during the Second Lease Year exceed 110% of Tenant's Gross Sales for the First Lease Year, Tenant shall re-calculate the percentage Rent due in accordance with the chart in (C) below (the "Chart") and Tenant shall pay to Landlord the difference between the Rent paid during the Second Lease Year and the Rent due according to the Chart. Such sum shall be prod within 45 days after the end of the Second Lease Year, * FLrst I~ase Year in at lea~t S600,000 and T~aat's Gross Sales during the £ HAL At, l.r) L \ P,~LEGAL \ FORMS \ STRETA] L \ RETA] LMT. DOC [ 6/13/97 AUG g ] 1997 C. During the Third through Tenth Lease Years and the two Option Periods, Tenant shall pay to Landlord monthly percentage Rent on incremental Gross Sales, according to the Chart below: For Monthly Gross Sales From: Lease Years 3-10 1st Oution Period Tenant shall I}av: Tenant shall I}av: 2nd totion Period Tenant shall pay: $0 - $16.666.99 5.00% 6.00% 7.00% $16,667.00 - $33.333.33 6.00% 7.00% 800% $33,333.34 - $50,000.00 7.00% 8.00% 9.00% $50,000.01 - $66.666.99 9.00% 10.00% 11.00% $66,667.00 and up. 12.00% 13.00% 14.00% D. All Rent payments shall be made on the fifteenth day of each calendar month along with a statement disclosing the Gross Sales for the previous calendar month. Tenant agrees to furnish or cause to be furnished to Landlord such statement of monthly Gross Sales of Tenant within fifteen(15) days after the close of each calendar month, and an annual statement of Gross Sales within thirty (30) days after the close of each calendar year. All monthly and annual statements shall classify, itemize and total all sales by category (Gross Sales Category). include a computation of all Percentage Rent for the preceding month, and be signed by an authorized employee of Tenant. The agreement by Tenant to pay percentage Rent, shall not in any way imply Tenant's agreement to. or existence of, a radius restriction, restrictive covenant or continuous operation covenant. E. Gross Sales: Tenant agrees to pay the Percentage Rent specified in this Article 3 based upon that percentage of Gross Sales Tenant made from or upon the Premises during each calendar month. Percentage Rent shall be computed each calendar month following the close of the preceding month. Tenant shall pay to Landlord the Percentage Rent amount multiplied by Tenant's Gross Sales during said month. The amount of Percentage Rent payable by Tenant in any given calendar month shall not be subject to cumu}ative adjustment to compensate for differences in Gross Sales between one month and another (i.e., Percentage Rent shall be calculated and payable on a monthly basis only and not on a year-to-date basis). Tenant shall make payments of Percentage Rent to Landlord no later than fifteen (15) days following the close of the preceding month. Sales in any fractional month in which Rent commences shall be added to the sales for the following first full month, and shall be payable on the fifteenth (15th) day of the calendar month immediately following the first full month. Gross Sales shall be computed on sales from the Premises prior to the imposition of sales taxes and shall not include (a) service fees or rental fees charged to Tenant's licensec or franchisee, (b) the sale (but not the redemption) of girl certificates, and (c) non-edible, non-profit promotional items sold from the Premises. Where coupons, 2-for-l's, or other discount promotions are used, only the actual sales price paid to Tenant shall be included in Gross Sales. Tenant shah keep at the Premises or at its regional office in the state of California, accurate, true and complete records and accounts of all sales resulting from the use of the Premises by Tenant and any subtenant, liceusee or concessionaire in the Premises. Such books, records and accounts shall be maintained separate from all other accounts of Tenant and shall be retained by Tenant for a period of five (5) years after the close of each calendar year. Said records must be supported by source documents of the original entry such as sales slips or invoices, daily cash register tapes, electronic records, purchase invoices or other documents as necessary to allow Landlord to determine Tenant's Gross Sales and Gross Sales category. All retail sales or charges shall be recorded by means of cash registers or other comparable devices which display to the customer the amount of the transaction. All cash registers shah be equipped with sales totalizer counters for all sales categories, including Gross Sales Landlord reserves the right, upon reasonable notice to Tenant, to audit Tenant's Gross Sales records as described above. If a discrepancy is found, Tenant shall immediately correct the error and Percentage Rent shall be adjusted to reflect the correct amount If the discrepancy exceeds 5% of annual Gro~s Sales, Tenant shall pay all costs involved with the audit F. A "Lease Year" is defined as a 12 calendar month period of time, however, the first Lease Year begins on the date Tenant opens for business and ends on the last day of the month 12 months after Tenant opens for business. Tenant's Covenants: Tenant covenants and agrees: A. Rent: To pay rent as provided in this Lease. at Liens and Encumbrances: Not to allow the Premises to become subject to any lien, charge or encumbrance and to indemnify Landlord against all such liens, charges and encumbrances. Tenant shall have no authority -2- to create any lien, charge or encumbrance upon the Premises. Tenant reserves the right to bond over any such lien, charge or encumbrance. Insurance: To insure from the date tenant takes possession of the Premises (the "Possession Date", hereafter defined) the Leasehold Improvements (hereafter defined) against loss or damage by any perils normally covered by a standard broad form all risk insurance policy in an amount equal to the full replacement value. Such insurance shall be made payable in case of loss to Tenant. Tenant shall maintain comprehensive general public liability insurance against claims for personal injury, death or property damage occurring in or on the Premises to afford protection to the minimum limit of $2,000,000 for any personal injury, death or property damage. Tenant shall name Landlord as an additional insured on its liability policy, and shall deliver to Landlord, upon request, a certificate of insurance. Tenant's insurance shall be placed with reputable and solvent insurance companies hcensed in the state in which the Premises are located. Tenant may self-insure for the insurance required in this Lease to the extent not prohibited by law. This provision shall not apply if this Lease is assigned or the Premises are sublet to any entity that is not a subsidiary, affiliate or parent of Tenant. Repairs: To keep the Leasehold Improvements in good condition and repair. Upon the expiration or earlier termination of this Lease, Tenant shall surrender and deliver the Premises in broom clean condition, subject to ordinary wear and tear, damage or destruction by fire or other casualty, Landlord's obligations under this Lease and the terms and conditions of Article 7. go Utilities: To pay when due all charges for water, gas and electricity used on the Premises from the Possession Date until the expiration or earlier termination of this Lease. Such payment shall be based on that proportion of water, gas and electricity used in the Premises to the amount of water, gas and electricity used in the Building, unless the Premises are serviced by separate meters in which event Tenant shall pay for its utilities based on the metered amount. If Landlord furnishes any of the utilities, Tenant may buy the utilities from Landlord at the rate charged Landlord, or Tenant may buy elsewhere as Tenant desires. Compliance with Law: Except for Landlord's obligations under Article 5L of this Lease, to comply with all governmental laws, rules and regulations applicable to the Premises and due to Tenant's use, development or operation w/thin the Premises. G. See Teuant's Work Addendum (Exhibit D) Environmental: That Tenant will not cause any part of the Premises or Easements to contain any Hazardous Material (hereafter defined) or asbestos-containing materials ("ACM"). If any testing or exammahon indicates the presence of Hazardous Material or ACM mused by Tenant, Landlord will give Tenant 30 days notice to remove and/or reinedlate the Hazardous Material or ACM and to restore the Premises and/or Easements. If, within 30 days of receipt of notice, Tenant has not commenced the removal, remediation or restoration, Landlord may make all the changes and alterations Landlord reasonably deems necessary to complete such removal, remediation or restoration. If Landlord undertakes the removal, remediation or restoration of the Premises and/or Easements, all costs associated with such removal, remediation or restoration shall be paid for by Tenant or Landlord can perform the work and bill the Tenant accordingly. PLEASE AND INITIAL DATE All removal, remediation or restoration of the Premises and/or Easements shall be performed in compliance with all applicable laws, rules, regulations and ordinances governing same. Hazardous Materials shall be defined to include, w/thout limitation, (I) polychlofinated biphenyl compounds ("PCB') or any material composed of or containing PCB, or (2) any ha7ardous, toxic or dangerous waste, substance or material as from time to time defined by any federal, state or local environmental, health or safety statute, ordinance, code, rule, regulation, order or decree now or hereafter in force, other than ordinary consumer products. g 1 997 Landlord's Covenants: Landlord covenants, represents and warrants: Repairs and Maintenance: That Landlord shall maintain in good repair and clean condition the Building [excluding the Premises], the Patio Area and the Easements including, but not limited to, the foundation, -3- floor slab, exterior walls, frame, roof, gutters, down spouts, doors, fire protection system, underground or concealed utility lines in the Premises and Building and all utility lines serving the Premises but located outside of the Premises. Landlord shall keep the Building free from water and sewage back-up or overflow. If Landlord fails to meet its obligations and the Premises are uninhabitable for more than 24 hours, Tenant shall give Landlord written notice and if Landlord does not commence immediate restoration of the Premises, Tenant may perform the repairs and bill the Landlord for such repairs. Self help shall only apply when the sole cause is determined to be that of Landlord. The cost of the repairs and maintenance will be paid by Landlord, and Tenant will be obligated to reimburse Landlord for its prorata share of the Expense (as defined below), not to exceed $756.00 per month in the first year only, to be adjusted by the CP1 annually, throughout the term of this Lease. Tenant's prorata share will be determined by taking the total square footage of the Premises (equaling 1800 square feet based on the square footage of the ground floor space, plus 1/2 of the Patio Area space) times 40 cents per square foot. 1) On the date Tenant opens for business, Tenant agrees to pay its prorata share (as defined above) of the Expense of maintaining and repairing the parking and common areas. The Expense is defined to include the following costs and expenses: a) real estate taxes (exclusive of interest and penalties for late payment); the insurance premiums or policies Landlord is obligated to carry pursuant to the terms of this Lease; c) roof repairs and the maintenance, painting, cleaning and/or repair of the building exterior; d) the maintenance and repair of the exterior lighting systems and common sign systems; e) snow and ice removal in the parking area and the cleaning, re-striping and resurfacing of the parking area; landscaping, and maintenance and repair of irrigation systems; g) cleaning, snow and ice removal and repairs of sidewalks, curbs and gutters; and h) maintenance and repairs to drainage systems and other utility systems. (6) 2) 3) 4) 5) Expense shall exclude any costs for structural repairs; repairs or replacements made necessary by non-compliance with codes, by-laws, regulations and ordinances related to the Center; costs or expenses related to clearting up hazardous wastes or soil contamination problems; and costs and expenses resulting from the negligence of Landlord, its agents, employees, or contractors and shall also exclude any item of a capital nature. In no event shall original construction costs be included. Landlord shall deduct in each calendar year from the Expense, any amounts recovered from insurers of damage claims relating to the parking and common areas and amounts recovered from third parties for damages to the parking and common areas. Landlord shall deduct from Expense any amounts collected for parking lot rentals. Tenant shall pay its share of the Expense in equal monthly installments. Within 60 days after the end of each calendar year, Landlord shall forward to Tenant a detailed statement, certified correct by Landlord's auditors, showing the Expense for the immediately preceding calendar year. Such statement shall be accompanied by reimbursement of any over-payment or by an invoice for any under-payment which shall be payable within 30 days of receipt. Tenant, Tenant's franchisee and licensee reserve the right, upon reasonable notice to Landlord, to audit all of Landlord's bills and records relating to the charges or items Tenant is liable for under this Lease. if a discrepancy is found, Tenant shall be allowed to deduct any overpayment from all payments required under this Lease. If the discrepancy exceeds 5%, Landlord shall pay all costs involved with the audit. -4- I Do Fo paymenls required under lhis Lease. if the discrepancy exceeds 5%, Landlord shall pay all costs involved with the audit. 6~ Tenant shall have no obligation to pay any franchise, excise, estate, inheritance. income or similar tax which may become payable by or imposed against Landlord or against the rents under this Lease or upon the income or profits of Landlord by reason of any law now in fi)rce or later enacted. Tenant shall not be liable for any special assessment or similar tax. levied. assessed, imposed or approved prior to the term of this Lease. Utilities: That Landlord shall provide and install the tbllowing utility lines to the Premises: (i) a 2" inch water line, (it) a 4" inch sanitary sewer line. (iii) a 4" inch storm sewer. or rights to surface drain (iv) 200 amps of electric service, and (v) BTU's of gas service. Any upgrades to this service will be the sole responsibility of Tenant. Landlord will provide separate meters for all of Tenant's utilities. If the utility service is interrupted due to the need for maintenance and repair to the utility lines, Landlord shall commence restoration and repair of the lines and conduits to resume the utility service at the earliest possible time. [f Landlord fails to make repairs to the utility lines and service is not resumed within 24 hours, then Tenant must notify Landlord in writing, if the Landlord does not immediately commence repair, Tenant has the fight to repair and bill the Landlord once the cause is determined. Tenant shall have the right to request an increase in service from the utility company serving Tenant. If Tenant increases the service. Tenant shall not be obligated to do any work other than the work required to increase the utility service. if utility service is brought through a central utility area. Tenant shall have the right to install in such area any equipment required to provide the increased utility service. Landlord shall provide adequate space within such area for Tenant's equipment. If gas service is not available at the time this Lease is entered into. and later becomes available, Tenant shall be entitled to the first . BTU's of gas service. Sidewalks: That Landlord shall not grant any fights in any Landlord owned sidewalk around the Premises without Tenant's pdor written consent. If the street or sidewalk around the Premises or the entrance to the Premises is obstructed or blocked by or with the consent of Landlord and without Tenant's prior written consent, Tenant shall make the request in writing to Landlord, if the obstruction is not removed within 5 days Tenant shall proceed to move or have removed the obstruction and bill the Landlord for the costs incurred. Possession: That the Premises are free and clear of all tenancies, and Tenant shall have sole and actual possession within 10 days after Tenant notifies Landlord that Tenant is ready to commence construction ("Possession Date"). Taxes: That Landlord shall pay all real estate taxes and special assessments charged or imposed upon the Prermses, Easements, Building and the land of which the Premises is a part. Tenant shall reimburse Landlord for its prorata share of taxes as a part of the CAM charges as provided in paragraph 5A above. Landlord agrees to deliver promptly to Tenant proper and sufficient receipts and other evidence of the payment and discharge of all taxes and assessments. Covenant of Title and Quiet Enjoyment: That Landlord has good title to the Building, Easements and Premises. free and clear of any liens, encumbrances, easements, tenancies and restrictions that would prevent, interfere with or m any way affect Tenant's construction or business operation in the Premises or Tenant's use of the Easements. Landlord warrants and will defend the title, and will indemnify Tenant against any damage and expense which Tenant may suffer by reason of any claim against title or interference with Tenant's use of the Premises and the Easements. If Landlord's fight to receive payments under this Lease is disputed. or Tenant receives a request to change the payee. Tenant may withhold all payments required under this Lease until furnished with satisfactory proof as to the party entitled to receive the payments. Landlord shall provide Tenant with all non-disturbance agreements, in a form acceptable to Tenant, from any lessor or holder of an encumbrance within 30 days after Tenant's request. Covenant Not To Compete, Visibility and &ccess: That, during the term of this Lease, no property owned, leased or controlled by Landlord or any entity in which Landlord has any interest. located within the Building (other than the Premises) or within 2 miles of the Premises (whether or not such property is subsequently conveyed by Landlord) shall be leased, used or occupied as a restaurant or food service establishment of any type, except the snack bar that currently exists and a proposed wine and cheese operation. Ko Landlord also agrees that it will not do anything to interfere with the visibility o1' or access to the Premises or Tenant's signage. The covenants set forth above shall run with the land during the term of this Lease. Landlord agrees to provide legal descriptions of all restricted property and execute recordable documents to effectuate the above. If any of these covenants are broken, Tenant has the right to terminate this lease with no obligation or cost. In addition, Tenant shall be entitled to damages, injunctive and other relief available at law or in equity, or as otherwise provided for in this Lease. Plans: That, if available, Landlord shall provide Tenant with mechanical, electrical, HVAC, plumbing and architectural plans and specifications together with all other plans submitted to governmental agencies for the permits required for the Building. Building Code Violations: That, if there are any building code violations in the Building which would affect Tenant's receipt of any approvals for Tenant's intended development or which would prevent Tenant from obtaining a certificate of occupancy. or which would prevent or hinder Tenant's business operations, Landlord will promptly remove the violations. If Landlord fails to remove the violations within 30 days after notice from Tenant or within the time allowed by the relevant governmental authority, whichever is less, then Tenant shall have the right to perform the work necessary. to remove such violations and the costs of such removal shall be paid for by Landlord or Tenant can perform the work and bill the Landlord accordingly. Landlord warrants that the Premises are lree from termites and vermin. Landlord's Insurance: That Landlord agrees to insure the Building, Easements and improvements owned by Landlord against loss or damage by any perils covered by a standard broad form all risk insurance policy in an amount equal to the full replacement value. Landlord shall also maintain comprehensive genera[ public liability insurance against claims for personal injury, death or property damage occurring in. on or about the common areas (including the parking areas), Easements. portions of the Building not leased to Tenant and the sidewalks and areas adjacent to the Premises under Landlord's control, to afford protection to the minimum limit of $1,000,000 for any personal injury, death or property damage. Tenant shall be named as an additional insured on all liability policies. All proceeds from such insurance policies shall be used for the restoration of the Building, Easements and Premises pursuant to the terms of this Lease. All required insurance shall be placed with reputable and solvent insurance companies licensed in the state in which the Premises are located. Within 60 days after final execution, Landlord shall deliver to Tenant a certificate of insurance. Such certificates shall state the name of the insurer. the insureds. the amount of insurance carried, the coverages provided. the expiration date of the policies, and the date to which premiums have been paid. The certificates shall require the insurer to give at least 30 days prior written notice to Tenant before changing or canceling the policies. Landlord shall deliver a replacement certificate to Tenant not less than 30 days prior to the expiration of the current certificate. Enviromnental Matters: That no part of the Premises or Easements contain any Hazardous Material (hereafter defined) or asbestos-containing materials ("ARM"). If any testing or examination indicates the presence of Hazardous Material or ACM, Tenant will give Landlord 30 days notice to remove and/or remediate the Hazardous Material or ACM and to restore the Premises and/or Easements. If, within 30 days of receipt of notice, Landlord has not completed the removal, remediation or restoration, Tenant may terminate this Lease upon 30 days notice to Landlord. or make all the changes and alterations Tenant reasonably deems necessary to complete such removal, remediation or restoration. If Tenant undertakes the removal, remediation or restoration of the Premises and/or Easements, all costs associated with such removal. remediation or restoration shall be paid for by Landlord or Tenant can perform the work and bill the Landlord accordingly. All removal, remediation or restoration of the Premises and/or Easements shall be pertbrmed in compliance with all applicable laws, rules, regulations and ordinances governing same. Hazardous Materials shall be defined to include, without limitation, (l) polychlorinated biphenyl compounds ("PCB") or any material composed of or containing PCB, or (2) any hazardous, toxic or dangerous waste, substance or material as from time to time defined by any federal. state or local environmental, health or safety statute. ordinance, code, rule, regulation, order or decree now or hereafter in force. -6- 8o Compliance With Law: To comply with all governmental laws, rules and regulations applicable to the Building and Easements. mo Trash Removal: That Landlord shall handle and dispose of all garbage, and refuse from Tenant's operation in an adequate and sanitary manner. Tenant will bring all of its garbage, and refuse to Landlord's designated trash areas within or immediately adjacent to the Building. N. See Landlords' Work Addendum (Exhibit E) Use: Tenant shall have the right to use and/or occupy the Premises as a restaurant. Title to Improvements: Trade Fixtures: Tenant shall have the right to install trade fixtures, machinery, equipment, furniture, signage, personal property or other identifying characteristics ("Trade Fixtures") in, on or about the Premises, Building or Easements. Trade Fixtures shall be the property of Tenant and shall not become the property of Landlord or a part of the realty no matter how affixed to the Premises, Building or Easements. Tenant may remove Trade Fixtures from time to time in accordance with the provisions of this Lease so long as Tenant repairs any damage caused by such removal. Landlord shall have no right, title or interest in the Trade Fixtures, and upon Tenant's request. shall execute and deliver any consent or waiver forms evidencing same. Landlord agrees that Trade Fixtures may be removed from the Premises. Buildings or Easements by vendors, lessors, chattel mortgagees or owners at any time upon default in the terms of any financing or other documents, free and clear of any claim or lien of Landlord. ao Leasehold Improvements: Tenant shall' have the right to make alterations, additions and improvements ("LeasehoId Improvements") in. on or about the Premises, Building and Easements t¥om time to time, with Landlords approval which approval shall not be unreasonably withheld or delayed. Alterations, additions and improvements costing less than $10,000.00 may be made by Tenant without Landlord's consent. All Leasehold Improvements shall be the property of Tenant. Landlord agrees to execute documents, make appearances and otherwise cooperate with Tenant in the development of the Premises. Tenant shall have the right, but not the obligation to remove any Leasehold Improvements from time to time. If Tenant fails to remove the Leasehold Improvements within 30 days after the expiration or earlier termination of this Lease, the Leasehold Improvements will be considered abandoned. The definition of Leasehold Improvements shall not include Trade Fixtures. Signage: Tenant may install and maintain the exterior signage shown on Exhibit C. Any changes to such exterior signage shall be subject to Landlord's and the Old Town Review Board's reasonable approval. If the changes are not approved, Landlord shall provide, in writing. its reasons/'or disapproval. Tenant may install and display any interior signage and advertising materials as Tenant deems appropriate. Right to Terminate: Condition of Premises: Landlord shall immediately make the Premises available for inspection by Tenant so that Tenant can prepare plans and specifications for its intended use and inspect the structural soundness of the Building. Within 90 days after inspection, if Tenant determines that the Premises cannot be developed for Tenant's intended use or that the Premises contain square footage less than the amount indicated in Article I, then Tenant shall have the right to terminate this Lease by giving notice to Landlord. Bo Permits: Tenant expects to obtain all permits, vanances, special use permits. licenses, permissions or other authorizations ("Permits") necessary for the construction and operation within the Premises of a McDonald's restaurant facility, built according to Tenant's plans and specifications. Tenant shall promptly apply t~r Permits after final execution of this Lease and Landlord shall execute documents, make appearances and otherwise cooperate with Tenant in obtaining Permits. Tenant or Landlord may terminate this Lease if Permits are denied or are not obtained within ninety (90) days after final execution of this Lease. If any governmental agency requires Tenant to modify its plans and specifications prior to granting its approval, and, in Tenant's sole opinion, the modification is unacceptable or too costly. the Permits shall be deemed not to be obtained and Tenant may terminate this Lease. 10. 11. If Landlord elects to terminate this Lease as provided in this Article 9(B). Tenant shall have 10 days after receiving Landlord's notice of termination to waive, in writing, the Permit contingency. If Tenant does not waive the Permit contingency. this Lease will terminate and be of no further force and effect l0 days after Tenant's receipt of Landlord's notice. Evidence of Title: Tenant may apply for leasehold title insurance, in a form, amount and from a title company acceptable to Tenant. showing title to the Premises. Building and Easements in Landlord. If the report on title discloses any items which, in Tenant's opinion, would affect Tenant's use and enjoyment of the Premises, Building or Easements CDct'ccts"). Landlord shall have 30 days from the date Tenant notifies Landlord of such Defects ("Cure Period") to make a good faith eftbrt to cure such Del~:cts and to furnish a title report showing such Defects cured or removed. If the Defects are not cured within the Cure Period, Tenant may terminate this Lease. Upon request, Landlord shall deliver to Tenant's title company Landlord's prior title evidence. See Sublease addendum (Exhibit F). Option To Terminate: After the first Lease Year, if Tenant's annual gross sales at the Premises for any consecutive 12 month period do not equal or exceed $400,000, Tenant may terminate this Lease. In such event. this Lease shall terminate 60 days after the date of Tenant's notice. Tenant shall be obligated to pay Landlord an amount equal to 7% of the trailing 12 months Gross Sales as consideration for the termination of this Lease. Upon delivery of the consideration, Landlord will execute a Termination of Lease form. Cost Contingency: If Tenant estimates that the cost to construct its Leasehold Improvements and to furnish. fixture and equip its development exceeds $300,000. then Tenant may terminate this Lease at any time prior to the time Tenant commences construction. Assignment and Subletting: Tenant may, without the consent of Landlord, sublease or assign this Lease to a wholly owned subsidiary or franchisee of McDonald's Corporation. Tenant may not assign or sublease this Lease to any other party without the consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event of an assignment or subletting, Tenant shall remain liable for the payment of all rent and the performance of all of Tenant's obligations under this Lease. Any demand for increased rental or modification of the terms of the Lease by Landlord as a condition to the granting of consent to an assignment or sublease shall be deemed unreasonable. Landlord may withhold consent only if Landlord determines that the quality of the merchandising operation from the Demised Premises may be substantially inferior to other operations in the vicinity of the Demised Premises. If Landlord fails to respond in writing within fourteen days after a request for consent by Tenant or to set forth Landlord's masons for denying consent, consent shall be deemed given. Without limitation, it is agreed that Tenant shall have the right to mortgage or otherwise encumber its leasehold interest. Tenant's Default: Ao Landlord's Right of Re-Entry: If Tenant shall fail to pay any installments of rent promptly on the day when they shall become due and payable, and shall continue in default for a period of thirty (30) days after written notice by Landlord, or if Tenant shall fail to promptly keep and perform any other affirmative covenants of this Lease strictly in accordance with the terms of this Lease and shall continue in default for a period of thirty (30) days after written notice by Landlord of default and demand for performance, then, as often as any such event shall occur, Landlord may (a) declare the term ended, and enter into the Demised Premises and expel Tenant or any person occupying the same in or upon the Demised Premises and repossess and enjoy the Demised Premises as in Landlord's former estate; and/or (b) re-let the Demised Premises, applying the rent from the new tenant on this Lease, and Tenant shah be responsible for no more than the balance that may be due, should a balance exist. Anything contained in this Lease to the contrary notwithstanding, if any default shah occur other than in the payment of money, which cannot with due diligence be cured within a period of thirty (30) days, and Tenant, prior to the expiration of thirty (30) days from and after the giving of the notice, commences to eliminate the cause of such default, then Landlord shah not have the fight to declare the term ended and/or relet the Demised Premises by reason of such default. ao Failure to Pay: !f Tenant falls to pay any monthly installment of Rent excluding the first payment, within thirty (30) days after the same has become due, both Tenant and Landlord agree that Landlord may incur additional expenses in the form of extra collection efforts, handling costs, and potential -8- I 12. 13. 14. 15. 16. impairment of credit on loans for which this Lease is security.. Should 'Fenant so fail to pay Rent, Tenant agrees to pay Landlord any reasonable costs incurred by Landlord in effecting the collection of such past due Rent, including, but not limited to, reasonable fees of an attorney or collection agency. Notwithstanding the foregoing, the obligation to pay such costs shall not alter or preclude Landlord's right, prior to actual receipt of any delinquent installment of Rent, to exercise any right or remedy which Landlord may have under the terms of this Lease. Holding Over: If Tenant continues to occupy the Premises after the expiration of this Lease, and Landlord elects to accept rent thereafter. a month-to-month tenancy shall be created. Condemnation: If all or any part of the Premises, Building or Easements is taken or condemned by any competent authority for any purpose during the term of this Lease, Tenant reserves the right to prosecute a claim in all appropriate courts and agencies for an award or damages for such taking based upon its leasehold interest and ownership of Leasehold Improvements and Trade Fixtures, interruption of business, moving expenses and other damages available under applicable law, without impairing Landlord's rights for the taking of or injury to the reversion. If all or any part of the Premises, Building or Easements shall be taken or condemned which, in Tenant's sole judgment, interferes with Tenant's business, then Tenant may elect to terminate this Lease at any time prior to or within 60 days after the date the condemning authority requires possession. If Tenant does not terminate this Lease, then this Lease shall continue in effect with respect to the remaining portion of the Premises, Building and Easements; provided however, all payments required under this Lease shall be reduced by a fraction, the numerator shall be the number of square feet of the Premises taken or condemned and the denominator shall be the square footage of the Premises prior to the taking or condemnation. Tenant will, at its cost (to the extent of the award Tenant receives for its Leasehold Improvements and Trade Fixtures), repair and restore the Premises and until the completion of such work, all payments required under this Lease shall abate. Damage to hnprovements: If the Premises. Building or Easements are damaged or destroyed by fire or other cause, Landlord shall. repair or replace the Premises, Building and Easements so that Tenant may continue in occupancy. All payments required under this Lease shall abate during any period of uninhabitability. !f Landlord has not commenced construction within 60 days from the date of damage, Tenant may, commence to repair or replace the Premises, Building or Easements, or Tenant may terminate this Lease. If Tenant makes such repairs or replacements. Tenant shall receive Landlord's insurance proceeds available by reason of such damage or destruction of the Premises, Building and Easements, and Tenant is appointed attorney-in-fact by Landlord for the purpose of making a claim under Landlord's insurance policies. If the insurance proceeds are insufficient or unavailable, Landlord shall be liable to Tenant for all costs and expenses which Tenant incurs. If Landlord fails to reimburse Tenant within 30 days after receiving Tenant's invoice, Tenant may request payment in writing in the amount of the invoice /or institute legal action at law or m equity to recover its expenses. If the Building. Easements or Premises cannot be replaced or repaired within 60 days after such damage, due to the inability to obtain materials or labor. strikes, acts of God or governmental restrictions that would prohibit or delay such construction, the time for completion of the repairs and replacements shall be extended accordingly. However, if the repairs or replacements have not been completed within 120 days from the date of damage or destruction, Tenant may terminate this Lease. If any damage or destruction of the Building. Easements or Premises interferes with Tenant's ability to operate its business. Tenant may, in lieu of requiring the necessary repairs or replacements. elect to terminate this Lease by notice to Landlord within 30 days of the damage or destruction. Recording: Upon request, the parties agree to execute a recordable memorandum of Lease and, upon the expiration or earlier termination of this Lease, a recordable termination agreement. The cost of all documentary stamps, transfer taxes and recording fees shall be paid by the party requesting recording. Indemnification: Each party agrees to hold the other. its agents, franchisees, contractors and employees, harmless and to indemnify the other party against all claims, liability and costs (including, but not limited to, reasonable attorney's fees and costs) for injuries to all persons and for damage to or the theft, misappropriation or loss of all property occurring in the Premises, Building or Easements due to the failure of such indemnifying party, its agents, franchisees, contractors or employees. to keep the Premises, Building or Easements in a safe condition. Landlord or Tenant shall not be held harmless or indemnified for their own negligence or willful misconduct or for the negligence or willful misconduct of their respective agents. franchisees, contractors or employees. 17. 18. 19. 20. Waiver of Claims and Subrogation: Tenant and Landlord waive all claims which arise or may arise in their favor and against the other party during the term of this Lease, for all loss of, or damage to, the Premises. Building, Easements or any of its property located within or upon the Premises, Building and Easements. which loss or damage is covered by a standard broad form all risk insurance policy. to the extent that such loss or damage is recoverable under any such insurance policy. This waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss of. or damage to, property of Landlord or Tenant. Inasmuch as the above waiver will preclude the assignment of such claim, by subrogation or otherwise, to an insurance company (or any other person), Landlord and Tenant agree to give to each insurance company which has issued policies of life and extended coverage insurance. prompt written nonce of the terms of such waiver. and to have such insurance policies properly endorsed, if necessary, to prevent the invalidslion of the insurance coverage by reason of such waiver. Consent or Approval: Where Landlord's consent or approval is required. any consent or approval shall not be unreasonably withheld, conditioned or delayed and any demand for a modification of the terms of this Lease shall be deemed unreasonable. Should Landlord fail to respond to a request for consent or approval within 30 days after written demand, such request shall be deemed granted. Landlord's Default: Except as otherwise provided in this Lease, in the event that Landlord fails to perform any covenants, obligations or other provisions of this Lease within 15 days alter notice of default (or if the default is of a nature that it cannot be cured within the time frame set forth above and Landlord fails to commence and diligently pursue such cure to completion) then, in addition to any remedies available at law or in equity or as provided for in this Lease, Tenant may terminate this Lease or cure Landlord's default and deduct its costs from all payments required under this Lease. Miscellaneous Provisions: Surrender: Upon expiration or earlier termination of this Lease, Landlord and Tenant shall have no further rights, duties or obligations, except that all payments required under this Lease shall be prorated and charged or credited to the appropriate party. All Leasehold Improvements shall become the property of Landlord if not removed by Tenant within 30 days after the expiration or earlier termination of this Lease. Tenant shall have the right to remove Trade Fixtures and Tenant agrees to promptly repair any damage done to the Premises by the removal of these items. Invalidity: If any term or provision of this Lease shall, to any extent, be invalid or unenforceable, the remainder of this Lease, shall not be affected. Co Successors: The terms and provisions of this Lease shall be binding upon and inure to the benefit of each of the parties, their heirs, representatives, subtenants, successors or assigns, and shall run with the land during the term of this Lease; and the word "Landlord" whenever used in this Lease shall be deemed to include all lessors jointly and severally. Do Writing: This agreement constitutes the entire understanding between the parties and supersedes all previous agreements or negotiations, whether written or oral, and shall not be modified or amended except by written agreement duly executed by and delivered to all parties. to Fo Construction: Both parties have had an opportunity to make comments and modifications to this Lease and review the Lease with their legal counsel. As a result, this Lease shall not be strictly construed against either party. The captions in this Lease are inserted only as a matter of convenience and in no way define, limit, affect, construe or describe the scope or intent of such paragraphs. Any reference to gender is used solely as a matter of convenience. Use of the singular shall include the plural and the plural shall include the singxflar. Notices: All notices, demands or communications shall be in writing signed by the party serving such notice, demand or communication and sent by certified United States mail, return receipt requested and postage prepaid or by a nationally recognized overnight courier service charges prepaid. If intended for Landlord, the notice shall be addressed to: Temecula ~huttle C/O Ed Dool 28464 Front Street Temecula, CA 92590 21. 22. McDonald's Corporation One McDonald's Plaza Oak Brook, Illinois 60521 Development Team Legal Department L/C: 004-3234 with a cop5' to: McDonald's Corporation C/O Real Estate Manager 4370 La Jolla Village Dr. #800 San Diego. CA 92122 L/C: 004-3234 or such other address the parties may furnish to each other in writing as a place for the service of notice. Notwithstanding the foregoing, a notice sent to Landlord at the address to which rent payments are being sent at the time of the notice shall be deemed adequate for the purpose of exercising any option right contained in this Lease. including, but not limited to, options to extend the Lease and options to terminate, if any. Any notice shall be deemed given at the time it is deposited in the United States mail or with the nationally recognized overnight courier service. Billing Address: All billing statements concerning rent should be addressed to: McDonald's Corporation 800 Commerce Drive Oak Brook, illinois 60521 Arm: REFCC #212 L/C: 004-3234 CAM billings should go to: Mr. Tom Tucker 27710 Jefferson Ave. #106 Temecula, CA 92590 All other billing statements should be addressed to the Premises with a courtesy copy to the above corporate billing address or such other address Tenant may furnish to Landlord in writing. Legal Fees: If either party shall institute any action against the other relating to this Lease, the unsuccessful party in the action agrees to reimburse the successful party for reasonable attorney's fees and costs incurred by the successful party, Rule Against Perpetuities: If the Primary Term of this Lease has not been determined within 2 years from the date of this Lease, then this Lease shall become null and void. J. Jury Trial Waiver: To the extent permitted by law, the parties waive any right they may have to a jury trial of any action or proceeding arising from or related to this Lease or the use and occupancy of the Premises. Authority to Sign: Only an authorized signatory of Tenant has authority to make a lease or any other warranty, representation, agreement or undertaking. Submission of this document for negotiation does not constitute an offer to lease or a reservation of the Premises. This document will become effective and binding only upon execution and delivery by Landlord's and Tenant's authorized signatories. The parties executing this Lease represent that they have authority and power to sign this Lease on behalf of Landlord and Tenant. Addenda and Exhibits: This Lease includes the following attachments which shall take precedence over conflicting provisions (if any) of this Lease, and are made a part of this Lease and incorporated by reference: Exhibit A - Legal Description of the land upon which the Building is located Exhibit B - Building Plan showing location and dimensions of the Premises Exhibit C - Signage Exhibit D-Tenant Work Addendum Exhibit E-Landlord Work Addendum Exhibit F-Sublease Addendum Exhibit G - Non-disturbance Agreement (Fee Owner'} LANDLORD AND TENANT, by their execution below, indicate their consent to the terms of this Lease. LANDLORD: (SEAL) (SEAL) WITNESS:// ~ ~ ~ WITNESS: Landlord's Federal Taxpayer Identification Number: ~'"'{a '~.. (ATTACH ACKNOWLEDGMENT CERTIFICATES BY A NOTARY PUBLIC) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF ILLINOIS COUNTY OF DuPAGE On August 21, 1997, before me, Sueann Fisher, Notary Public, personally appeared Catherine A. Griffin, Department Director of McDonald's Corporation, a Delaware corporation, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within inslrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the p s~cted, executed the instrument. Wi~my hand an~offic~ff.~x Notary Public in and for said State My commission expires: February 24, 1998 OFFICIAL SEAL SUEANN FISHER NOTARY PUBLIC STATE CI~ ILLINOIS MY COMMISSION EXP FEB. 24,199~ STATE OF CALIFORNIA COUNTY OF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On the ~ day of , 19 , before me, , Notary Public, personally appeared , of , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My commission expires on: Notary Public in and for said State Tha~ port/on of Lot ! of Tra~ Map 13925, as shown by Map on ~e m B~k 2~ of Maps ~c page~ 21 ~ou~ 23. Records of Rivc~idc Co~. ~ifo~a. dcsc~cd ~ foUow~: Besinni~ a~ tl~ mor~ we,st=IF corn= of said Lo~ 1: Th~nc~ North 44° 2~' 45' Bast, along the aorthwcstc-dy ~ of raid Dot, a dis~nce of 147,87 fc~t; Theuc~ South 45° 34' 15" E~st. a di~ancc oF26.98 feet; Thenc= South 44° 23' 45" W~t, a distan= of 18.33 feet; Thence South ,~5° 30' 01" ~. a distance of 2.21 fc~; Thcnc~ South 05' 45' 17' West, a distance of 35.$I fact; Thenc= Sou~145° 30' 01' East, a di~ianc~ of 68,87 f~ct; Thcnc~ South 14° 29' 59" Wc~t, a di$tlmcc of 36.2.,4 Tt~nc~ South ,t~° 29' 59" Wc~, a distanc~ cf 9.50 fec~; Thence South 45° 30' 01' East, a distance of 11.62 fce~ to a po/nt in the nozxhwest~fiy zight-of-way li~e of 6th Strut as show'tl on said map; Th~n= South 44° 25' 43" West along said fight-of-way linc. a distanc~ of 43.98 Tl~nc~ South 85~ 53' 32' WeJ~'t along said right-of-way line. a distanca of 22.69 feet to a ~mt ~ ~e no~~ly d~t-of-way ~e ofF~nt S~t ~ sho~ 0n s~d ~; ~cn~ No~ 45' 3~ 01' W~t ~ong s~d figS-of-way ~e, a ~ of 134.92 fc~ to ~c Po~t of Bc~g. Exhibit A Page 1 of 2 L1 L4 L7 L't0 $CALEi' '~' DR, W.O.: 95-0212 SCALE: 1'=80' r N44'25'45" [ N44'2g'sg~ £ N45';;S0'0 I"W N44'2~'43' £ ~J45'34'15"[ 18.33' 2,21' 35.51' 68.8'7' 38.24' 11.6,2' 43.08' 134.g2' 28.98' %_. ~"~'¥£RC;ED£$~$TRE ..'T Exhibit A Page 2 of 2 LEASE PARCEL CIVIL ENGINEERS RIVERSlOE CALIFORNIA ~H£ET OF 'FILE NO.:' 1 SHEETS J~ ^ I J / ? ? , / ? // ? / , \ , Exhibit ~ (Page 1 of 2) Exhibit B (page 2 of 2) Exhibit C (to be inserted by Tenant) TENANT'S WORK ADDENDUM This ADDENDUM is attached and forms a part of the Street Retail Lease ("Lease") dated June 3, 1997, between Ed and Kathy Dool (Landlord) and McDonald's Corporation (Tenant). The Landlord and Tenant agree as follows: 1. Tenant promises to perform the following work, hereafter referred to as "Tenant's Work": The build out of a McDonald's restaurant of approximately 1290 square feet. Complete the seating/tables both inside and outside the facility. Complete the utility connections and any upgrades as needed. Complete the lighting within the patio area only. Contribute to the cost of the inside restroom relocation with costs not to exceed $3,700.00 Install all McDonald's signage allowed by City. Tenant's Initials Lan~s Init~ials EXHIBIT D L:YALLI NX4(CAL)~.234\WR KRDR'Y3 DOC C:\TEMP~WRKRDRT3.DOC 6/13497 SC LANDLORD WORK ADDENDUM This Addendum is attached and forms a part of the Street Retail Lease ("Lease") dated June 3, 1997 between Ed and Kathy Dool Landlord) and McDonald's Corporation (Tenant). The Landlord and Tenant agree as follows: 1. Landlord promises to perform the following work, in accordance with plans approved by Tenant, hereafter referred to as "Landlord's Work": Landlord to complete the retail building structure as a "vanilla shell." Complete the Patio Area including the cover and floor finishes. Complete the parking lot area and restrooms including lighting within the parking area. Landlord to bring all utilities to the building. Landlord to complete all landscaping including trees/shrubs within the Patio Area. 2. Landlord further promises to (a) pay all costs to complete Landlord's Work; (b) provide affidavits, statements and waivers reasonably required by Tenant to insure that all mechanics' and materialmen's lien rights have been released; (c) perform all work in a good workmanlike manner; (d) indemnify, defend and hold Tenant harmless from all costs, claims and damages arising out of or related to Landlord's Work; and (e) obtain all necessary permits and governmental approvals to perform Landlord's Work and provide Tenant with satisfactory proof that permits and approvals have been obtained. 3. Landlord's Work shall be completed within 30 days after McDonald's gives notice to Landlord that all other contingencies of this Lease have been satisfied ("Landlord's Completion Date"). If Landlord's Work has not been completed within the time period allowed, and all other conditions precedent have been satisfied or waived, Tenant may, at its option, either (a) declare Landlord in default and demand performance; or (b) terminate this Lease. Landlord shall not have the right to terminate this Lease if Tenant has notified Landlord that all conditions precedent have been met and Landlord has not completed the Landlord's Work. Landlord's Initials L:\ ALLIN \ 4(CALl\ 3234\SWORKRI3.DOC Exhibit E Tenant's Initials SUBLEASE ADDENDUM THIS IS AN ADDENDUM TO A LEASE dated June 3, 1997', between Ed And Kathy Dool (Landlord) and McDonald's Corporation* (Tenant). The terms and conditions of this Addendum shall take precedence over any contradictory or conflicting provisions of the Street Retail Lease (the "Lease") to which it is attached. The Landlord and Tenant agree to the following: DEFINITIONS AND INTERPRETATIONS. A. Landlord and Tenant acknowledge that Landlord's interest in the Demised Premises is a leasehold interest pursuant to a certain Ground* Lease dated March 13, *, 1996' (the "Head Lease") between The City of Temecula Redevelopement Agency * (the "Fee Owner") and Landlord.(AKA Dual Developemerit. Inc.) The Head Lease has been amended or supplemented as follows: *Reflects the new lease date of April 15. 1997. B. Whenever the terms "lease" or "leasehold" are used in this document, the terms "sublease" or "subleasehold" shall be understood to apply. The terms "Landlord" and "Tenant" shall, likewise, mean "Sublandlord" and "Subtenant." Any reference in this Lease to the title or estate of Landlord shall be construed to refer to a leasehold interest. 2. THE HEAD LEASE. Landlord represents and warrants the following: A. That the commencement date of the Head Lease is April 15 *, 1997'. B. That the termination date of the Head Lease is April 14', 2027. C. That the options to extend the Head Lease are (explain) *Three 5 year options, beginning April 14, 1997. D. That the Head Lease is in full force and effect and there are no defaults under it. E. That the Head Lease will not be modified or terminated without the written consent of Tenant. F. That Landlord will deliver copies of the Head Lease and all amendments and supplements to it to Tenant at any time upon written request of Tenant. 3. NON-DISTURBANCE Landlord shall make a good faith effort to obtain the Fee Owner's execution of the Non-Disturbance Agreement attached as Exhibit G* within sixty (60) days from the date of last execution of this Lease. In the event an executed counterpart of the Non-Disturbance Agreement is not delivered to Tenant within such time period, Tenant may, at its option, terminate this Lease by serving written notice of its intention to do so to Landlord. Landlord's Initials Tenant's Initials SUBLEADD.DOC (01-93) EXHIBIT F L AR65 DEV',SHARON'~LEAS L~3234SLA.DOC 06113/97 SC REV. SC ~Recording Requested By City of Temecula When recorded mail to: City of Temecula ~ Office of the City Clerk 43174 Business Park Drive P.O. Box 9033 Temecula, Ca. 92589 387921 RECEIVED FOR REC" AT 8:00 O'CLOCK OCT - 9 1996 R~.z~der F.,$ f')'~ GROUND LEASE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT INC. 35792~ TABLE OF CONTENTS PAGE 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. PROPERTY LEASED .................................. ! HOLDING OVER ..................................... 2 RENT ............................................ 2 CONSTRUCTION OF PUBLIC TRANSPORTATION FACILITY AND RETAIL PROJECT ................................. 3 WARRANTIES ....................................... 5 SECURITY DEPOSIT .................................. 6 USE ............................................. 7 COMPLIANCE WITH LAWS ............................. 7 SIGNS ............................................ 7 INDEMNIFICATION AND HOLD HARMLESS .................. 7 LIABILITY INSURANCE ................................ 8 FIRE AND EXTENDED COVERAGE INSURANCE .............. 10 PESTICIDES AND HERBICIDES .......................... 12 UNDERGROUND TANKS .............................. I2 HAZARDOUS MATERIALS INDEMNITY .................... 12 TAXES, ASSESSMENTS AND LIENS ....................... 13 UTILITIES ........................................ 14 TENANT IMPROVEMENTS/MAINTENANCE ................. 14 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. ENTRY BY AGENCY ................ · ................. 17 DISCRIMINATION ................................... 18 ASSIGNMENT AND SUBLETTING ........................ 18 ESTOPPEL CERTIFICATES ............................. 18 INSOLVENCY OR BANKRUPTCY ........................ 18 DEFAULT OR BREACH ............................... 19 PARTIES BOUND AND BENEFITED ....................... 19 NO PARTNERSHIP OR JOINT VENTURE .................... 19 TIME ........................................... 20 CONDEMNATION ................................... 20 TENANT'S DUTY TO REMOVE .......................... 20 ATTORNEYS' FEES .................................. 20 NOTICES AND PAYMENTS ............................ 21 SECTION HEADINGS ................................. 21 INTEGRATION AND MODIFICATION ...................... 21 INTERPRETATION .................................. 21 VENUE .......................................... 22 NO ARBITRATION .................................. 22 PRIORITY OF DOCUMENTS ............................ 22 R:~A~AG~N DA~',Z~IALLF~.$£ 35~792~ GROUND LEASE BY AND BETWEEN THE RF_,DEVELOPM-F. NT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOP1VIF~NT INC., TEMECULA SHUTTLE THIS LEASE AGREEMENT, (hereinafter "Lease") is made and entered into as of March 13, 1996, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (hereinafter ~Agency"), as Lessor, and DUAL DEVELOPMENT INC., DBA TEMECULA SHUTI'LE, a California Corporation, (hereinafter "Tenant"), as Tenant. The parties agree that: 1. PROPERTY LEASED. Agency, in consideration of the rents and payments herein agreed to be paid, and of the terms, covenants and conditions agreed to herein, hereby leases to Tenant, and Tenant hereby leases from Agency, that certain real property commonly described as a parcel of unimproved real property consisting of approximately 16,000 squar. e feet, located at Sixth and Front Streets, in the City of Temecula, California and which is specifically depicted and legally described in Exhibit "A" attached hereto and by this reference incorporated herein, (the "Premises"). 2. TERM. A. Initial Term. Unless sooner terminated or extended as provided in this Lease, the term of this Lease shall be thirty (30) years commencing on July 1, 1996 and ending June 30, 2026. Unless otherwise expressly indicated, whenever reference is made in this Lease to the term of this Lease, such reference shall include any extension of the term of this Lease. B. Option to Extend. Agency hereby grants to Tenant the fight and option to extend the term of this Lease for three (3) successive additional periods of five (5) years each (the "Option Periods") on the same terms and conditions as contained in this Lease including, without limitation, the rental adjustments set forth at Section 4 of this Lease, subject to the conditions set forth in this subparagraph. Tenant's exercise of such fight and option shall be by written notice (the "Option Notice') given to Agency at least one (1) year prior to the end of the term, including each extended term, of this Lease. Subject to the provisions of the next sentence, upon the giving of the Option Notice, the term of this Lease shall be extended for the Option Period, subject to earlier termination as elsewhere in this Lease provided. Notwithstanding Tenant's prior exercise of its fight and option to extend the term of this Lease (whether such exercise was, at the time, valid or invalid), Tenant shall have no fight and option to extend the term of this Lease, and any exercise of such right and option shall be void, if at the date of the commencement of the extended term, Tenant is in default under this Lease, whether or not cured pursuant to the terms of this Lease. RAA~AGEND~JAI.L, EA.SE - 1 ' 2,'29P)6 35792~ 3. HOLDING OVER. Should Tenant retain possession of the Premises after the termination of this Lease or after the effective date of any termination of this Lease, such holding over shall not constitute a renewal or extension of this Lease or give Tenant any rights in or to the Premises. A. Except for the deferral period specified at Section 5(B) of this Lease, Tenant shall pay to the Agency, without abatement, deduction or offset, Minimum Annual Rent which consists of the Base Rent in the amount of Sixteen Thousand Eight Hundred Dollars ($16,800.00) per year and the Rent Adjustment(s) described below. The Minimum Annual Rent shall be payable, in twelve (12) equal installments of One Thousand Four Hundred Dollars ($1,400.00) each month, paid on or before the first of each month, beginning on the first day following the date of issuance of the certificate of occupancy by the Agency for the Improvements described in Paragraph 5. If the rental commencement date fails on a day of the month other than the first day of the month, the rent for the first fractional month shall be pro rated. The monthly rent under Section 5(B) of this Lease of Seven Hundred Dollars ($700.00) per month during the construction period and the monthly rent under this Section 4(A) of $1400.00 per month for the first six (6) months following the date of the issuance of the certificate of occupancy by the City for the Improvements ("Occupancy Date~) shall accrue and payment of such "Accrued Rent~ (consisting of $700.00 per month during construction period as set forth in Section 5(B) and $1400.00 for the first six months of occupancy) shall be deferred. The Accrued Rent shall bear interest from the commencement date of the lease until paid at the same interest rate as the Agency's Small Business Loan to Tenant. The Accrued Rent shall be payable six (6) months following the Occupancy Date in thirty-six (36) equal monthly installments in an amount calculated to amortize fully the Accrued Rent, with interest. B. On the first five year anniversary of this Lease July 1, 2001, and on each subsequent five year anniversary during the initial term and extended term, if any, of this Lease, the Base Rent described at subsection "A" above shall be increased by an amount which is 8% greater than the Base Rent (including previous rent adjustments) applicable for the immediately preceding five year period. C. On the first twentieth year anniversary of this Lease July 1, 2016, Agency shall cause the property to be reappraised at its then existing fair market value, and the Minimum Annual Rental shall be adjusted to ten percent (10%) of the appraised fair market value. Thereafter, on each subsequent five year anniversary of this Lease, including extensions, if any, the Minimum Annual Rental shall be increased by an amount which is ten percent (10%) greater than the Base Rent (including previous rental adjustments) applicable for the immediately preceding five year period. R :~,G!~ DA~DUALLEA,$ E -2 - 2'29/96 D. Triple Net Lease. It is understood that this is a triple net lease and that the Agency shall receive the rent set forth in subsections A, B and C above free and clear of any and all impositions, taxes, liens, charges or expenses of any nature whatsoever in connection with the ownership and operation of the Premises. In addition to the rent reserved by subsections A, B and C, Tenant shall pay to the parties respectively entitled thereto all impositions, possessory interest taxes, insurance premiums, operating charges, maintenance charges, construction costs, and any other charges, costs and expenses which arise or may be contemplated under provisions of this Lease during the term, including any extensions, hereof; provided, however, that Agency shall pay all appraisal costs and fees incurred in connection with the lease of the Premises and those costs of architectural site planning, obtaining land use entitlements for the site plan, including a plot plan, and of the Parking Lot, on behalf of the City of Temecula as agreed between the City and Tenant in that certain Agreement for Acquisition of Real Property and Escrow Instructions for 41953 Main Street, Temecula and Lease or Sale of Property Located at Sixth and Front Street, Temecula (APN 922-034-029-1) dated March 16, 1995 ("Acquisition Agreement"). All such charges, costs and expenses shall constitute additional rent, and upon the failure of Tenant to pay any of such costs, charges or expenses, Agency shall have the same rights and remedies as otherwise provided in this Lease for the failure of Tenant to pay rent. It is the intention of the parties hereto that this Lease shall not be terrainable for any reason by the Tenant, and that Tenant shall in no event be entitled to any abatement of or reduction in rent payable under this Lease, except as herein expressly provided. Any present or future law to the contrary shall not alter this agreement of the panics. CONSTRUCTION OF PUBLIC TRANSPORTATION FACILITY AND RETAIL PROJECT. A. Tenant shall construct, at its sole cost and expense, a first class public transportation and retail facility, and surrounding landscaping, on the Premises in accordance with the designs, terms and specifications attached hereto at Exhibit B or subsequently submitted by the Tenant and approved by the Agency (the "Improvements"). It is understood and agreed that construction of the Improvements will proceed in two phases. Phase I of the Improvements shall consist of the transportation facility and approximately 1800 square feet of retail and office space, which shall include the office of Temecula Shuttle, a snack bar and minor retail uses, including wine tour operations. Developer anticipates that Phase II of the Improvements will include approximately 9,000 square feet of retail, restaurant and office space and shall be consistent with adjoining land uses and shall comply with all applicable zoning requirements. Phase II shall be constructed at the option of and within the time period selected by the Tenant, but if it is developed, it shall be within the Premises. B. During the construction periods set forth at Sections 5(C) and 5(D) below, the monthly rental on the premises shall be Seven Hundred Dollars ($700.00) per month which shall accrue and be payable on a deferred basis pursuant to Section 4(A) above. R:~,AV~.OENDA~OUAI ! 1~,.$E '3- 2/29/9q~ C. Preliminary plans for the Improvements shall be submitted to Agency for review and approval on or before thirty (30) days from the date of this Lease. Preliminary plans shall show the architectural elevations for the building, materials to be used on the exterior, interior building layout, and a landscaping plan. The preliminary plans shall be approved by the Planning Director at a Director's Hearing. Final construction plans and specifications shall be consistent with the approved preliminary plans and shall be submitted within thirty (30) days from the approval of the preliminary plans. The final construction plans and specifications shall be approved by the Executive Director of the Agency. Construction shall commence within one (1) month following approval of the final plans and shall be completed within nine (9) months from the date of approval of the final plans. If Tenant shall not have fulfilled the foregoing conditions by the date specified for any reason, excluding force majeure or causes beyond the control of the Tenant other than financing, then Agency may elect to terminate this Lease. Approvals shall not be unreasonably withheld or delayed. D. Tenant shall pay all costs of constructing the Improvements, including but not limited to, fees and costs charged by architects, engineers, the general contractor, subcontractors, and laborers and materialmen as well as the costs of offsite improvements, and bonds required for the construction. ~_~gency shall have no obligation to pay any costs or fees in any way related with construction of the Improvements by Tenant under this Lea~ provided, however, the Agency shall pay any costs of grading the Premises to eliminate o~ minimize flood plain problems and of bringing utility, water and sewer lines to the Premises. E. Tenant shall post a Labor and Materials Bond in the amount of the' contract let for the Phase I Improvements plus ten percent (10%), prior to the issuance of a building permit for the Phase I Improvements and a subsequent Labor and Materials Bond in the amount of the contract let for the Phase II Improvements plus ten percent (10%) prior to the issuance of a building permit for the Phase II Improvements. The form and content of the bond and the surety shall be approved by the Executive Director of the Agency, F. Tenant shall keep the Premises and Improvements free from all liens and encumbrances by reason of the use or occupancy of the Premises by Tenant, unless approved in writing by the Agency. If any liens or encumbrances are filed thereon, Tenant shall remove the same at its own cost and expense and shall pay any judgment and penalties which may be entered thereon. Should Tenant fail, neglect or refuse to do so, Agency shall have the right to pay any amount required to release any lien or encumbrance or to defend any action brought thereon, and to pay any judgment or penalty, and Tenant shall be liable to Agency for all costs, damages, and attorneys' fees, and any amounts expended in defending any proceedings, or in the payment of any lien, encumbrance, judgment or penalty. Agency may post and maintain upon the premises notices of nonresponsibility as provided by law. Upon demand by Agency, Tenant shall post the bond contemplated by Civil Code Section 3143. G. Ownership of Improvements During Lease Term. Tide to all Improvements to be constructed on the Premises by Tenant shall be owned and may be depreciated for income tax purposes by Tenant until expiration of the term, including extensions, if any, or sooner termination of this Lease; provided, however, Agency disclaims any warranty of tire or any representation or warranty that depreciation may be available to Tenant. H. Ownership of Improvements at Termination. All Improvements on the Premises at the expiration of the term, including extensions, if any, or sooner termination of this Lease shall, without compensation to Tenant, automatically and without any act of Tenant or any third party become Agency's property. Tenant shall surrender the Improvements to Agency at the expiration of the term, including extensions, if any, or sooner termination of this Lease, in good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease, or otherwise created or consented to by Agency. Tenant agrees to execute, acknowledge, and deliver to Agency any instrument requested by Agency as reasonably necessary in Agency's opinion to perfect Agency's right, tide, and interest to the Improvements and the Premises. I. Fixtures. Tenant agrees that the following items are real property for purposes of this Lease: All permanent fixtures now or hereafter installed by Tenant on or in the Premises, or the Improvements for the generation and distribution of air, water, heat, electricity, light, fuel or refrigeration, or for ventilating or air-conditioning purposes, or for sanitary or drainage purposes, or for the exclusion of vermin, or insects, or for the removal of dust, refuse, or garbage, and including all awnings, window shades, drapery rods and brackets, screens, floor coverings, incinerators, carpeting and permanent fixtures used in the operation of the Improvements together with all additions to, substitutions for, changes in or replacements of, the whole or any or all of said items of property. J. Real Estate Covenant. Agency and Tenant covenant and agree that all Improvements shall at all times be, and remain, real property notwithstanding Tenant's interim ownership of the Improvements. A. Tenant acknowledges that it is sophisticated and knowledgeable with regard to evaluating and leasing real property in the area and that prior to the commencement of this ~ase Tenant will have had sufficient opportunity to enter the Premises to perform such tests and investigations as Tenant deems necessary to satisfy itself as to the condition of the Premises for the uses set forth in this Lease. Tenant shall not be responsible for Ha:,ardous Materials (as defined in Paragraph 16 of this Lease) which may be present on the Premises as of the date of this Lease. TENANT IS ACQUIRING A LEASEHOLD INTEREST IN THE PREMISES "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTY OF ANY KIND WHATSOEVER AS TO ITS CONDITION, PROVIDED HOWEVER THAT TENANT SHALL NOT BE RF~PONSIBLE FOR HAZARDOUS MATERIALS (AS DEFINED IN PARAGRAPH 16 OF THIS LEASE) ON THE PREMISES WHICH MAY BE PRESENT ON THE PREMISES AS OF THE DATE OF THIS LEASE. B. Agency represents and warrants that, as of the effective date of this Lease: 1) it is the owner in fee simple of the Premises; 2) the use of the Premises as set forth in Paragraph 8 of this Lease does not violate any known restrictions apphcable to the Premises; and 3) this Lease has been approved as required by law. 7. SECURITY DEPOSIT. A. Tenant shall deposit with Agency the sum of One Thousand Four Hundred Dollars ($1,400.00) as security for the full performance and observance of each and every provision of this Lease, provided that the said amount shall be increased each time the rent is adjusted by a percentage equal to the percentage increase of the Rent Adjustment as set forth in Paragraph 4 of this Agreement. The initial deposit shall be paid directly to Agency concurrently with the execution of this Lease, which payment shall constitute a condition precedent to the obligations of Agency hereunder, and the increase shall be paid with the monthly rent payment next following a Rent Adjustment. B. In addition to any other remedies the Agency may have pursuant to this Lease, if Tenant defaults in any particular, Agency may use, apply, or retain the whole or any part of the deposit (I) to the extent of any sum due to Agency, or (2) to make any required payment on Tenant's behalf, or (3) to compensate Agency for any expense or damage caused by Tenant's default. Tenant shall pay to Agency a sum equivalent to the amount by which the deposit was so depleted within thirty (30) days after Tenant's receipt of written notice from Agency of said depletion. C. Agency is not a trustee of the deposit and may commingle it, use it in ordinary business, transfer or assign it, or use it in any combination of those ways. No interest shall accrue on the deposit. Upon the expiration or termination of this Lease, Agency shall return the deposit to Tenant, provided that Tenant is not then in default. 35792~ A. The Premises and the Improvements shall be used only for such uses as are authorized or permitted under the Tourist Retail Core (TRC) Zone as identified in the Old Town Specific Plan as it now exists or may hereafter be amended by the City Council of the City of Temecula. B. Tenant shall construct, maintain and provide four (4) bus parking spaces on the Premises and Tenant shall provide automobile parking spaces as required by the City's applicable zoning requirements. With respect to the automobile parking spaces, Tenant may elect to construct, maintain and provide for such spaces on the Premises or Tenant may elect to pay such fees as are required for providing the equivalent of such spaces on a City or Agency owned parking lot pursuant to a parking district or parking fee ordinance, in accordance with applicable zoning requirements. 9. COMPLIANCE WITH LAWS. Tenant shall, at Tenant's sole cost and expense, comply promptly with all applicable statutes, laws, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during the term of this Lease, or any part, or extended term of this Lease, regulating the Premises, construction of the Improvements, the use by Tenant of the Premises, and/or the operation by Tenant of its business therein, including, without limitation, any and all requirements of City respecting facility hours of operation, sound amplification, lighting, noise, security or other matters. 10. SIGNS. Tenant shall not allow the construction or placement of any sign, signboard or other form of outdoor advertising anywhere on the Premises without the prior written consent of the Executive Director of the Agency, which consent shall not be unreasonable withheld. In the eveat Tenant violates this provision, Tenant hereby authorizes Agency to enter the Premises, without notice, and to remove and dispose of any such sign, signboard or other advertising and to charge the cost and expense of any such removal and disposal to Tenant, who shall pay the same on demand. 11. INDF. MNIFICATION AND HO!.D HARMLESS. Tenant shall indemnify, defend (with legal counsel approved by Agency, such approval by Agency shall not be unreasonably withheld) and hold harmless Agency, City of Temecula and their respective elected and appointed officers, employees, servants and agents from and against all claims, actions, liabilities, losses, damages, costs, attorney's fees and other expense of any nature for loss or damage to property, or injury to or death of persons, arising in any manner whatsoever, directly or indirectly, by reason of this Lease or the use or occupancy of the Premises by Tenant (collectively "Claim") (whether the Claim be made during the Lease term or thereafter), except such loss, damage, injury or death caused by the sole negligence of Agency or any of its officers, employees, servants or agents. The liability of Tenant hereunder shall not be limited by the insurance provisions of Paragraph 12 of this Lease. 357921 The indemnification, legal defense and hold harmless provisions of this Section shall survive the expiration of termination of this Lease and shall relate back to all periods of Tenant's previous ownership or possession of the Premises. 12. L!ABH.ITY INSURANCE. Tenant shall procure and maintain for the duration of the Lease, at its own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with from the use, occupancy, disuse or condition of the Premises or improvements thereon. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Worker's Compensation insurance as required by the State of California and/or Employer's Liability Insurance. than: Minimum Limits of Insurance. Tenant shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Employer's Liability: $1,000,000 per occurrence for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Executive Director of the Agency, which approvals shall not be unreasonably withheld. At the option of the Agency, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees and volunteers; or the Tenant shall provide security reasonably satisfactory to the Agency guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: P.:~A~AOI~IDASXDUALLF~.$E ' 8- ~ (1) The Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Tenant; products and completed operations of the Tenant; premises owned, occupied or used by the Tenant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Tenant's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the Agency, its officers, officials, employees or volunteers shall be excess of the Tenant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. (4) The Tenant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. F. Verification of Coverage. Tenant shall furnish the Agency with certificates of insurance executed by an authorized agent of the insurance company, authorized to bind the insurance company, or original endorsements, or complete, certified copies of all required insurance policies effecting coverage required by this Section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. 35'79~1 O. Subcontractors. Tenant shall include all subcontractors as insureds under iu policy or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. H. Increases in Coverage. The amount of insurance coverage described in Subsection ('B) shall be increased every five (5) years on the Anniversary Date in such an amount as the Agency may reasonably determine based upon inflation, increased liability awards, recommendations of professional insurance advisors and other factors customarily used to determine appropriate levels of coverage of the insurance required by this Lease. 13. FIRE AND EXTIr. NDED COVERAGE INSURANCE. Tenant, at Tenant's sole cost and expense, shall provide and maintain insurance covering the Improvements, including, without limitation, all buildings, structures, and improvements now situate or which hereafter may be erected or placed on the Premises, against loss or damage by fire, vandalism, malicious mischief, windstorm, hail, smoke, explosion, riot, civil commotion, vehicles, aircraft, flood or earthquake, including, without limitation, endorsements or increased cost of construction due to changes in laws, agreed amount or demolition. All such insurance shall be in a sum not less than 90 percent of the replacement cost (the 'Replacement Cost") exclusive of foundations and below ground improvements and shall contain 'Replacement Cost Endorsement." Such insurance shall be in forms and with companies satisfactory to Agency in its reasonable discretion. Tenant shall not carry any insurance the effect of which would be to reduce the protection of or payment to Tenant or Agency under any insurance that this Lease obligates Tenant to carry. If any dispute concerning compliance with the requirements of this Section cannot be resolved by agr~ment, Agency may, not more often than once every 12 months, request that the Replacement Cost be determined by a reputable and qualified insurance consultant selected and paid by the Agency and the resulting determination shall be conclusive between the parties for the purpose of this Section. A. Use of Proceeds. Agency shall, at Tenant's cost and expense, cooperate fully with Tenant to obtain the largest possible recovery under all policies of fire and extended coverage insurance required by this Section. Subject to the terms of any Leasehold Mortgage that may constitute a lien on the Premises, all such policies shall provide that the proceeds shall be paid as set forth in this Section. If the proceeds do not exceed the amount defined in this Lease as the measure of minor restoration, all the proceeds shall be adjusted by and paid to Tenant and shall be applied by Tenant for the restoration of any Improvements damaged or destroyed by the casualty giving rise to the insurance claim. If the proceeds exce~ that measure, all the proceeds shall be adjusted joinfly by Agency and Tenant, deposited with a mutually acceptable trustee (the "Trustee") and disbursed subject to all the provisions of this Lease: (1) (2) (3) (4) (5) (6) (7) Tenant shall pay Trustee, on request from time to time, the amount the estimated cost of completing the restoration, as reasonably determined by Trustee, exceeds the amount of the proceeds deposited with Trustee (all funds deposited with, or received by Trustee are referred to as the "Restoration Fund"). All funds remaining in the Restoration Fund on completion of the restoration shall be paid to Tenant after paying to the Leasehold Mortgagee any sums necessary to cure any default thereunder that can be cured by the payment of money. If an event of default exists at the time the casualty occurs or at any time thereafter, then, at the sole and arbitrary option of the Agency, all or part of the Restoration Fund may be applied by Trustee (i) to the restoration and no such refund shall be due Tenant, or (ii) to cure any event of default. Disbursements shall be made from time to time as reasonably requested by Tenant in an amount not exceeding 90 percent of the cost of the work completed since the last disbursement, on receipt of satisfactory evidence of the stage of completion and of performance of the work in a good and workmanlike manner in accordance with the contracts, plans, and specifications. At the time of any disbursement, no event of default shall exist hereunder, and no mechanics' or materialmen's liens or stop notices shall have been filed and remain undischarged. Trustee may retain 10 percent of the Restoration Fund until the restoration is fully completed, the mechanics' lien claim period has expired, and there are no undischarged liens nor stop notices. The parties agree that any Leasehold Mortgagee shall be an acceptable trustee. Trustee may impose such other reasonable conditions as are then customarily imposed by construction lenders in the area where the Premises are located. Nothing herein shall discharge, postpone, or delay the performance of any other covenant, promise, or agreement of Tenant undertaken under this Lease. The right of Agency (whether or not exercised) to apply Restoration Funds to complete the restoration shall not be deemed to cure any default of Tenant or satisfy any damages of Agency hereunder. B. Agency shall not be obligated to keep the Premises insured against fire or any other insurable risk. Tenant hereby and forever waives all right to claim or recover damages from Agency in any amount as the result of any damage to the Premises by fire, earthquake, flooding, storm or any other casualty, except to the extent any such casualty is caused the Agency. 14. PF-gTIC!l~ES AND HERBICIDES. Tenant shall use pesticides and herbicides everywhere on the Premises in strict accordance with all applicable statutes, ordinances, rules and regulations. Tenant shall dispose of all pesticides and herbicides, and any containers, clothing, equipment and other materials contaminated therefrom, in such a manner as prescribed by law. Tenant shall indemnify, defend with legal counsel approved by Agency (such approval by Agency shall not be unreasonably withheld) and hold harmless Agency and its officers, employees, servants and agents from and against all claims, actions, liabilities, losses, damages, costs, reasonable attorney's fees and other expenses of any nature resulting from Tenant's use of pesticides and herbicides anywhere on the Premises. The indemnification, legal defense and hold harmless provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of Tenant's previous ownership or possession of the Premises. 15. UNDERGROUND TANKS. Notwithstanding anything to the contrary set forth in this Lease, Tenant shall not install underground or above-ground fuel and/or H:~:,ardous Materials (defined in Section 18) storage tanks anywhere on the Premises. 16. HAZARDOUS MATERIALS INDEMNITY. A. Tenant shall indemnify, defend with legal counsel approved by Agency (such approval shall not be unreasonably withheld) and hold harmless Agency and its officers, employees, servants and agents from and against any and all claims, actions, liabilities, losses, damages, costs, reasonable attorney's fees and other expenses of any nature (a) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the presence, use, generation, storage, release or disposal of Hazardous Materials on the Premises, except for those present on the Premises as of the date of this Lease, or arising out of the presence or use of any underground tanks which may be installed and located on the Premises after the date of this Lease, and lb) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification, and the preparation of any response, remedial, closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, use, generation, storage, release, or disposal of Hazardous Materials on the Premises by Tenant or Tenant's invitees after the date of this Lease. B. As used in this Section, Hazardous Materials means any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated or addressed pursuant to (1) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et sea_. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C., Section 1801, et lffitl.; the Resource Conservation and Recovery Act, 42 U.S.C., Section 6901, et sea_.; the Toxic Substances Control Act, 15 U.S.C., Section 2601, el seq_.; the Clean Wa~er Act, 33 U.S.C. Section 1251, et ile,~.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100, et sea_.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 el lt, tl.; California Health and Safety Code Section 25280, et ,~tI.; (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1, et sea_.; California Health and Safety Code Section 25501, et seq_. (Hazardous Materials Response Plans and Inventory); or the Porter-Cologne Water Quality Control Act, Water Code Section 13000, el sea_., all as amended, (2) any other federal or state law or any local law regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now is, or at any time hereafter may be, in effect, and (3) any rule or regulation adopted or promulgated under or pursuant to any of said laws. C. If Tenant receives any notice, whether oral or written, of any inquiry, test, investigation, enforcement proceeding, environmental audit or the like regarding any Hazardous Material on the Premises, Tenant shall immediately notify Agency in writing of such notice. D. The provisions of this Section shall survive the expiration or termination of this Lease and shall relate back to all periods of Tenant's previous ownership or possession of the Premises. The provisions of this section are intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364 to insure, protect, hold harmless and indemnify Agency from any liability pursuant to such laws. 17. TAXES, ASSESSIVIF.~NTS AND LIENS. A. Tenant shall pay, when due, all taxes and assessments which may be levied against Tenant's possessory interest in the Premises and upon any improvements, trade fixtures and personal property which is currently located on the Premises and/or which Tenant causes to be constructed, placed or maintained upon the Premises. Tenant shall provide to Agency within five (5) days after the date when any tax or assessment would become delinquent, receipts or other appropriate evidence establishing this payment. The parties contemplate that the Agency will create a separate parcel for the Premises. In the event this is not accomplished or the assessor's office does not create a separate tax parcel for the Premises and separately assess the Premises and Improvements, property taxes shall be allocated in the ratio that the land area of the Premises bears to the total tax parcel, and the Improvements located on the Premises bears to the total improvements assessed. B. Tenant shall keep the Premises and Improvements free from all liens and encumbrances by reason of the use or occupancy of the Premises by Tenant. If any liens or encumbrances are-filed thereon, Tenant shall remove the same at its own cost and expense and shall pay any judgment and penalties which may be entered thereon. Should Tenant fail, neglect or refuse to do so, Agency shall have the right, but not the obligation, to pay any amount required to release any lien or encumbrance or to defend any action brought thereon, and to pay any judgment or penalty, and Tenant shall be liable to Agency for all costs, damages, and attorneys' fees, and any amounts expended in defending any proceedings, or in the payment of any lien, encumbrance, judgment or Penalty. Agency may post and maintain upon the premises notices of nonresponsibility as provided by law. Upon demand by Agency, Tenant shall post the bond contemplated by Civil Code Section 3143. 18. ~FILITIF.,~. Tenant shall pay all charges and assessments for, or in connection with, electricity, gas, water, telephone and all other utilities which may be furnished to, or used on, the Premises, except as provided in Section 5(D) above. 19. TENANT IMPROVEMENTS/MAINTENANCE. A. Throughout the term of this Lease Tenant shall, at Tenant's sole cost and expense, repair and maintain the Premises and all Improvements thereon in good order and condition and in accordance with all applicable statutes, ordinances, rules and regulations and subject to the provisions of this Lease. Agency shall not be obligated to repair or maintain the Premises or Improvements in any manner at any time during the term of this Lease; provided, however, Agency may elect to perform any obligation of Tenant pursuant to this Section on Tenant's failure or refusal to do so and at Tenant's reasonable cost and expense. Said election by Agency shall not constitute a waiver of any right or remedy for Tenant's default. Tenant shall reimburse Agency for the reasonable cost and expense it--'- incurred in the performance of Tenant's obligation within thirty (30) days of Agency's request for payment. B. The parties shall have the following responsibilities with regard to maintenance of the Premises. (1) Duty to Maintain First-Class Condition. Throughout the term, Tenant shall, at Tenant's sole cost and expense, and at no cost and expense to Agency, maintain the Premises in first-class condition and repair and in accordance with (a) all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued, or promulgated by federal, state, county, municipal, and other governmental agencies, bodies, and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials ("Laws"); (b) rules, orders, regulations, and requirements now or hereafter enacted, issued, or promulgated by the insurance underwriting board or insurance inspection bureau having or claiming jurisdiction and all insurance companies insuring all or any part of the Premises (the "Insurance Requirements"). Tenant shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Premises and all Improvements thereon to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the Improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement, and other act of compliance under this Section (hereafter collectively referred to as "Restoration") shall be completed by Tenant whether or not funds are available from insurance proceeds, condemnation proceeds or Subtenant contributions. The Restoration shall be repaired or restored at least to the building standard and quality of the Improvements in existence prior to the date of such damage or destruction. If during the last five years of the term of this Lease, a casualty occurs for which insurance is not required under this Lease and which causes damages in excess of one-half of the then fair market value of the Improvements, then Tenant may elect to terminate this Lease, notwithstanding any other term hereof. Nothing in this pwvision defining the duty of maintenance shall be construed as limiting any right given elsewhere in this Lease to alter, modify, demolish, remove, or replace any Improvement. No deprivation, impairment, or limitation of use resulting from any event or work contemplated by this Section shall entire Tenant to any abatement, deduction, diminution, offset, or reduction in rent nor to any termination or extension of the term, except as provided herein. (2) First-Class Condition Defined. ~First-class condition and repair," means Restoration that is necessary to keep the (4) (3) Premises and Improvements in efficient and attractive condition, at least substantially equal in quality to the condition of the Improvements constructed by Tenant and to that maintained by managers of similar buildings and facilities in the area. The Agency and Tenant do not intend by the immediately preceding sentence that a property item is not first-class condition and repair merely because of ordinary and reasonable wear and tear that does not materially reduce the attractiveness or utility of the item. Restoration During l_ease Term. Tenant understands and agrees that, in order to (i) operate the Building in a first-class manner, (ii) maintain the Premises and Improvements in a first-class condition and repair, and (iii) to provide up-to-date facilities of first-class order, consideration of and the performance of periodic major restoration of the Improvements and all operations therein is necessary. Therefore, Tenant shall submit to Agency, prior to the expiration of the fifth (5th) year of the Lease and each five (5) years thereafter during the term of this Lease, a plan for major restoration of the Improvements. If any such restoration is not then required in Tenant's reasonable business judgment, Tenant shall not submit such a plan but shall state to Agency the reasons why such work is not required, which statement shall be in form and substance reasonably satisfactory to Agency. The plan (which shall be subject to the further provisions of this Section) shall provide for commencement of work within six months after the required submittal date. Agency shall not unreasonably withhold its consent to any submitted plan, and Tenant agrees to prepare and submit a new plan within 30 days of rejection of a plan by Agency. After approval of a plan by Agency, Tenant shall promptly secure all necessary permits, licenses and other approvals for the work and shall commence construction and thereafter shall diligently prosecute the same to completion as provided in the plan and in accordance with this Lease. Minor Construction. Agency's approval is not required for Tenant's minor restoration. "Minor" means an expenditure for restoration that does not exceed five thousand dollars ($5,000.00) ("Minor Amount"). Every five (5) years during the term of the Lease, the Minor Amount shall be increased (or decreased) proportionately to any increase (or decrease) in the 387921 All Urban Consumer Price Index for the Los Angeles/ Anaheim/Long Beach areas ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics. The increase (or decrease) in the Minor Amount shall be determined by multiplying Minor Amount by a fraction, the numerator of which is the Adjustment Index (as hereinafter defined) and the denominator of which is the Base Index (as hereinafter defined). The term "Base Index" as used in this Section is the CPI figure for the month prior to the month that rent commences hereunder as provided in Section 4(A) above. The term "Adjustment Index~ as used in this Lease shall be the CPI figure closest to the date on which restoration is scheduled to commence, as this figure is recorded in the United States Department of Labor's most comprehensive official index then in use and most nearly similar and corresponding to the Base Index. If the Adjustment Index is calculated from a base different from the base used herein for the Base Index, the Base Index used for calculating the new Minor Amount shall first be converted to correspond to the Adjustment Index under a formula supplied by the Department of Labor. If the United States Department of Labor shall discontinue publication of the Base Index, and a consumer price index of the same type and character is determined and published by another department of the United States government, then the index most nearly similar to the Base Index shall be used for the computation contemplated herein. In the absence of any such official consumer price index published by a United States governmental agency, then the most nearly similar index published by a responsible private organization shall be used. "Major" means all other restoration. Restoration cost shall include the actual cost to Tenant for any demolition and any removal of existing Improvements or parts of Improvements as well as for preparation, construction, and completion of all new Improvements or parts of Improvements. 20. ENTRY BY AGENCY. Agency may enter upon the Premises and improvements thereon at all reasonable times upon one business day's prior notice to Tenant to examine the condition thereof, including its environmental condition, and for the purpose of undertaking such maintenance and repairs as Agency elects to make pursuant to Section 19 above. 387921 21. DISCRIMINATION. Tenant shall not discriminate, in the use of the Premises, against any person or class of persons by reason of race, color, creed, national origin, religion, age or sex or for any other reason prohibited by law. 22. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this'Lease, or any interest therein, and shall not sublet the Premises, or any part thereof, or suffer any other person to occupy or use the Premises, or any improvement thereon, in whole or in part, without the prior written consent of the Agency, which shall not be unreasonably withheld. Agency shall have the right to consider the qualifications of a proposed assignee or sublessee based upon its desire to locate and operate a first-class public transportation center and/or retail facility. Agency hereby consents to Tenant's leasing of retail space without further Agency approvals so long as any such lease is in accordance with restrictions on use set forth in this Lease and applicable zoning ordinances. Tenant shall pay Agency the reasonable costs incurred by the Agency to enable it to investigate the qualifications of a proposed assignee and reasonable attorney fees for any legal review of the documents involved. A consent to one assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Any assignment, subletting occupation or use without such consent shall be void, and shall, at the option of Agency, terminate this Lease. 23. ESTOPPEL CERTIFICATES. At any time and from time to time, within fifteen (15) days after written notice of request by either party, the other party shall execute, acknowledge, and deliver to the requesting party, or to such other recipient as the notice shall direct, a statement certifying that this Lease is unmodified and in full force and effect or, if there have been written modifications, that it is in full force and effect as modified in the manner specified in the' statement. The statement shall also state the dates to which the rent and any other charges have been paid in advance. The statement shall be such that it can be relied on by any auditor, creditor, commercial banker, investment banker or the like of either party and by any prospective purchaser or proposed assignee of the Premises. 24. INSOLVENCY OR BANKRUPTCY. Notwithstanding any other provision of this Lease, including without limitation Section 7 hereof, if Tenant shall be adjudged bankrupt or insolvent this Lease shall thereupon immediately terminate and the same shall not be assignable by any process of law, nor shall this Lease be treated as an asset of the Tenant under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Lease shall immediately become null and void and of no effect, and Agency may immediately retake possession of the Premises. It :XAXAO I~ DA$~DUAI.J.-F--A-$E - 1 ~' 25. DEFAULT OR BREACH. A. Except as otherwise provided in this Lease, at any time one party is in default or breach of any provision of this Lease, the other party shall give written notice to remedy such default or breach. If the default or breach is remedied within ten (10) days following such notice, then this Lease shall continue in full force and effect. If, 1) such default or breach is not remedied within said 10 days, or 2) the nature of the default or breach is such that it cannot reasonably be cured within 10 days and the defaulting party fails to commence to cure within the 10 day period and thereafter diligently prosecute the cure to completion, then the non defaulting party may, at its option, terminate this Lease and take possession of the Premises without further notice and shall also have be entitled to such damages or other remedies at law or in equity available to either party because of such default or breach. Termination of this Lease pursuant to this section, shall not be considered a waiver of damages or other remedies at law or in equity available to either party because of such default or breach. B. Each term and condition of this Lease shall also be deemed to be a covenant. A default under that certain Promissory Note dated , 1996 by Dual Development in the amount of One Hundred Thousand Dollars ($100,000.00) which has not been fully cured within the time required therein, shall constitute a default under this Lease. C. A waiver by either party of any default or breach by the other party of any provision of this Lease shall not constitute or be deemed to be a waiver of any subsequent or other default or breach. No waiver shall be binding, unless executed in writing by the party making the waiver; waivers on behalf of Agency shall be given by resolution of the Agency. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by Tenant other than default in the payment of the particular rental payment so accepted, regardless of Agency's knowledge of the preceding breach at the time of accepting the rent; nor shall acceptance of rent or any other payment after expiration or termination constitute a reinstatement, extension, or renewal of the Lease or revocation of any notice or other act by Agency. 26. PARTIES BOUND AND BENEFITED. Each term, covenant and condition herein contained shall apply to, and be binding on, all successors and assigns of the parties hereto. 27. NO PARTNERSHIP OR JOINT VENTURE. Nothing in this Lease shall be construed to render the Agency in any way or for any purpose a partner, joint venturer, or associate in any relationship with Tenant other than that of landlord and tenant, nor shall this Lease be construed to authorize either to act as agent for the other. 28. TIME. Time and specific performance are each of the essence of this Lease. 29. CONDEMNATION. If the whole of the Premises shall be taken by a public entity under the power of eminent domain, this Lease shall terminate on the day of possession by the public entity. If only a part of the Premise,~ shall be taken under eminent domain, Tenant shall have the right to terminate this Lease upon written notice given within thirty (30) days after the day of possession by the public entity. If this Lease remains in effect, all of its provisions shall continue in full force and effect, except that the Annual Rent shall be adjusted proportionately from the date of the taking for the balance of the Lease term. If a taking under the power of eminent domain occurs, compensation attributable to the leasehold interest of Tenant shall belong to Tenant and compensation attributable to the reversionary interest of Agency shall belong to Agency. 30. TENANT'S DUTY TO REMOVE. Upon the expiration or termination of the Lease, the Tenant may remove all personal property, equipment and fixtures from the Premises, as such terms are defined or modified in Section 5(0, but shall surrender to the Agency the Premises with the Improvements in the condition required by the terms of this Lease. If any of Tenant's personal property, equipment or fixtures remain on the Premises after the expiration or termination of this Lease, Agency may, at its option, use, dispose of, and/or sell any of said property, equipment and fixtures without compensating Tenant for same and without the Agency having any liability whatsoever therefore. 31. ATTORNEYS' FEES. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to, this Lease or as a result of any alleged breach of any provision of this Lease, or for an unlawful detainer action, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 32. NOTICEq AND PAYMENTS. All notices required under this Lease, including change of address, shall be in writing, and all notices and payments shall be addressed as follows: Agency: Executive Director Redevelopment Agency of the City of Temecula 43174 Business Park Drive Temecula, California 92590 Copy to: Peter M. Thorson Burke, Williams & Sorensen 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 Tenant: Dual Development Inc., dba Temecula Shuttle 41920 6th Street, Suite H Temecula, California 92590 Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one specified above. Notice shall be deemed given upon receipt by personal delivery or upon deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid. 33. SECTION HEADINGS. Section headings in this Lease are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this I.ease. 34. INTEGRATION AND MODIFICATION. This Lease constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements and understandings, oral or written, are hereby merged herein. This Lease may not be modified or amended except in a writing signed by all of the parties hereto and such modification or amendment must be approved by a resolution of the Agency. Both parties agree that no estoppel argument can be raised during legal proceedings in order to avoid the provisions of this section. 35. INTERPRETATION. Should interpretation of this Lease, or any portion thereof, be necessary, it is deemed that the Lease was prepared by the parties jointly and equally, and the Lease shall not be interpreted against either party on the ground that the party prepared it or caused it to be prepared. 36. VENUE. The Lease is made, entered into, and executed in Riverside County, California, and any action filed in any court from the interpretation, enforcement or other action arising from any term, covenant or condition herein shall be filed in the applicable court in Riverside County, California. 37. NO ARBITRATION. The parries do not intend to, nor do they agree to submit to arbitration- any dispute of what..n)ever kind or nature, including but not limited to unlawful detainer actions, which arise out of, or in any way relate to, this Lease. 38. PRIORITY OF DOCUMENTS. The parties hereto contemplate entering into additional agreements respecting the loan of funds by Agency to Tenant to construct, in whole or in part, the Improvements, specified at Section 5, on the Premises. In the event of any conflict respecting the terms of this Lease and such other agreements, the terms of this Lease shall prevail. ///// IIIII IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives as of the date first written above. REDEVELOPMENT AGENCY FOR THE CITY OF TEMECULA Chairperson ATTEST: June~'~.-'Greek, City Clerk APPROVED AS TO FORM: ' City Attorney e~te~r M. Thorson~L~~-- DUAL DEVEL~P, MEN~ INC. Kat ~leen Dool, P~esident Edward Dool, Vice President R:~A~GENDA$~DUAI I ;~.$E -23- ~,~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 3S792! State of California Counbf of Riverside On 9/11/96 before me, Susan W. Jones, Notary Public OATE NAME, TITLE OF OI:FICER - E.6. 'JANE DOE. NOTARY PUMLIC' personally appeared Edward Pool and Kathleen Dool NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) '~) COMM. · 10422~ NOtO~V Pubac -- Coilferule ,gfVEI~.IDE COUNIY Comm. F. xl:4re~ NOV 18. t~ subscribed to the within instrument and ac- knowledged to me that hc/.~u~l~executed the same in his/hc t~ autho,,,~-e.d.~ capacity(ies), and that by his/he th~..~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could preyertl frauOulent reartachment of Ibis form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER TTTLE~$) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF A'FrACHED DOCUMENT Ground Lease TITLE OR TYPE OF DOCUMENT 3O NUMBER OF PAGES March 13, 1996 DATE OF DOCUMENT SIGNER !S REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAl. NOTARY ASSOCIATION; 8236 Retune! Ave., P O. Box 7184 · Canoga Parl(, CA 91309.7184 EXHIBIT "A" 38~921 That portion of Lot 1 of Tract Map 23925, as shown by Map on file in Book 209 of Maps at pages 21 through 23, Records of Riverside County, California, described as follows: Beginamg at the most westerly corner of said Lot 1; Thence North 44° 25' 45" East, along the northwesterly line of said Lot, a distance of 147.87 feet; Thence South 45° 34' 15" East, a distance of 26.98 feet; Thence South 44° 25' 45" West, a distance of 18.33 feet; Thence South 45° 30' 01" East, a distance of 2.21 feet; Thence South 05° 45' 17" West, a distance of 35.51 feet; Thence South 45° 30' 01" East, a distance of 68.87 feet; Thence South 14° 29' 59" West, a distance of 36.24 feet; Thence South 44° 29' 59" West, a distance of 9.50 feet; Thence South 45° 30' 01" East, a distance of 11.62 feet to a point in the northwesterly right-of-way line of 6th Street as shown on said map; feet; Thence South 44° 25' 43" West along said right-of-way line, a distance of 43.98 Thence South 85° 53' 32" West along said fight-of-way line, a distance of 22.69 feet to a point in the northeasterly right-of-way line of Front Street as shown on said map; Thence North 45° 30' 01" West along said fight-of-way line, a distance of 134.92 feet to the Point of Beginning. 95-0212/LeasePat.dee Containing 0.37 acres, more or less. PREPARFD UNDER MY SUPERVISION: Matthew E. Webb, L.S. 5529 Prepared by: Checked by: ~ NO. 5529 : 95- 0212/LeaPar.des 357D~1 u~ L1 1.2 L.3 L4 L5 L6 L7 L8 L9 L10 Lll L12 SCALE: N44'25'4§" E N44'25'4§' E N45'30'01'W S05'4§'17'W N45'30'01'W N 14'29'§9" £ N44'29'59' £ N45'30'01'W N44'25'4~' E 1~85'53'32'£ N4§'.30'0 I'W S45'34'! 5'E 1"=80' 147.87' 18.33' 2.21' 35.51' 68.87' 36.24' 9.50' 11.62' 43.98' :22.69' 34.92' 26.98' I ~ '-'"~ERCED£$ ~ $TR E_-'T 30' 30' % % % I-- L5 LEASE PARCEL ~ 16,000 $.F. OR 0.37 AC. o~ ~ ~ 30' I 30' N45'30'01'W_ RO.T- SY [ET SCALE: DATE: DR. BY: W.O.: F.B.: 1"=80' 2/16/96 95-O21 2 EXHIBIT "1" LEASE PARCEL SHEET ALBERT A. ~ ASSOCIATES CIVIL ENGINEERS OF 1 RIVERSIDE CALIFORNIA FILE NO.: 1 SHE~S 387920 RECORDED AT REQUEST OF AND WHEN KECORDED RETURN TO: RECEIVED FOR REC"- '~D AT 8:00 O'CLOCK Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 EXEMIYr FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 OCT - 9 1996 '"%" 00T30199 I By FIRST AMFaND1VFENT TO GROUND LEASE BY AND B,':;i'WEEN THE REDEVElOPMeNT AGENCY OF TIlE CITY OF TEMECULA AND DUAL DEVELOP1M!~-NT INC., dba TEMECULA SItU'I'II,E THIS FIRST AMENDMENT TO GROUND LEASE is made and entered into as of August 27, 1996 by and between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic, as Lessor (hereafter "Agency"), and Dual Development, Inc., dba Temecula Shuttle, a California corporation, as tenant (hereafter 'Tenant"). The parties agree as follows: 1. This First Amendment to Ground Lease is made with respect to the following facts, each of which is acknowledged as true and correct by the parties: a. On March 13, 1996, the parties entered into that certain Lease entided "Ground Lease by and between the Redevelopment Agency of the City of Temecula and Dual Development, Inc., Temecula Shuttle." (the "Lease"); b. The property which is leased to the Tenant pursuant to the Lease is generally described as approximately 16,000 square feet at the comer of Sixth Street and Front Street and is legally described and depleted on Exhibit A., attached hereto and incorporated herein as though set forth in full; and c. The parties desire to establish a new commencement date for the term of the Lease in order to accommodate the work preparatory to commencement of construction. R:\ziglerg~doolleo.o® 1 Augu.t 15, 1996 o Section 2. A. of the Lease is hereby amended to read as follows: "A. Initial Term. Unless sooner terminated or extended as provided in this Lease, the term of this Lease shall be thirty (30) years commencing on November 1, 1996 and ending October 31, 2026. Unless otherwise expressly indicated, whenever reference is made in this Lease to the term of this Lease, such reference shall include any extension of the term of this Lease. e read as follows: Sections 4. B. and 4.C. of the Lease are hereby amended to "B. On the first five year anniversary of this Lease November 1, 2001, and on each subsequent five year anniversary during the initial term and extended term, if any, of this Lease, the Base Rent described at subsection 'A" above shall be increased by an amount which is 8% greater than the Base Rent (including previous rent adjustments) applicable for the immediately preceding five year period. "C. On the first twentieth year anniversary of this Lease November 1, 2016, Agency shall cause the property to be reappraised at its then existing fair market value, and the Minimum Annual Rental shall be adjusted to ten percent (10%) of the appraised fair market value. Thereafter, on each subsequent five year anniversary of this Lease, including extensions, if any, the Minimum Annual Rental shall be increased by an amount which is ten percent (10%) greater than the Base Rent (including previous rental adjustments) applicable for the immediately preceding five year period. follows: 4. Section 25 B. of the Lease is hereby amended to read as "B. Each term and condition of this Lease shall also be deemed to be a covenant. A default under the Promissory Note in the amount of One Hundred Thousand Dollars ($100,000.00) to be entered into between the Agency and Lessee for the development of the Premises which has not been fully cured with the time required therein, shall constitute a default under this Lease." R:~,ziglerg~doo~ee. ee 15, 1986 387920 5. Section 32 of the Lease is hereby amended to read as follows: "Notices ,rid P~,yments. All notices required under this Lease, including change of address, shall be in writing, and all notices and payments shall be addressed as follows: "Agency: Executive Director Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 "Copy of Notices Only to: Peter M. Thorson Richards, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, California 90071 "Term nt: Dual Development Inc., dba Temecula Shuttle 41920 6th Street, Suite H Temecula, California 92590 "Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one specified above. Notice shall be deemed given upon receipt by personal delivery or upon deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid." 6. Except as specifically amended by this First Amendment, all other terms and provisions of the Lease shall remain in full force and effect. IIIII R:~zigle~g%dooll®e. ee ~ Au~uet 15, 1B96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 38'7920 State of California County of Riverside On 9/11/96 before me, Susan w. Jones, Notary Public DATE NAME. TITLE OF OIC¢lCER - E.G., 'JANE DOE. NOTAJaY PUBLIC' personally appeared Edward Dool and Kathleen Dool [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their Isignature(s) on the instrument the person(s), ,~-,,w~.L~ COMM.~I0423m t or the entity upon behalf of which the ~.~'~J~.t.7 N~aVmZ~--C,,,mm~ ~ person(s) acted, executed the instrument. ·~~ C~m. ~l ~V II, l~J WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and coulcl prevent fraudulen! reatlact3ment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER Tm_E(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATrACHED DOCUMENT 1st A~endment to Ground Lease TITLE OR TYPE OF DOCUMENT 7 NUMBER OF PAGES 8/27/96 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENll?'YIIE,$j SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATIONAL NOTARY ASSOCIATION * 8236 Reinmet Ave., P.O. Box 7184 · Canoga Part(, CA 91309-7184 EXHIBIT "A" That portion of Lot 1 of Tract Map 23925, as shown by Map on file in Book 209 of Maps at pages 21 through 23, Records of Riverside County, California, described as follows: Beginning-at the most westerly corner of said Lot 1; Thence North 44° 25' 45" East, along the northwesterly line of said Lot, a distance of 147.87 feet; Thence South 45° 34' 15" East, a distance of 26.98 feet; Thence South 44° 25' 45" West, a distance of 18.33 feet; Thence South 45° 30' 01" East, a distance of 2.21 feet; Thence South 05° 45' 17" West, a distance of 35.51 feet; Thence South 45° 30' 01" East, a distance of 68.87 feet; Thence South 14° 29' 59" West, a distance of 36.24 feet; Thence South 44° 29' 59" West, a distance of 9.50 feet; Thence South 45° 30' 01" East, a distance of 11.62 feet to a point in the northwesterly right-of-way line of 6th Street as shown on said map; feet; Thence South 44° 25' 43" West along said right-of-way line, a distance of 43.98 Thence South 85° 53' 32" West along said right-of-way line, a distance of 22.69 feet to a point in the northeasterly right-of-way line of Front Street as shown on said map; Thence North 45° 30' 01" West along said right-of-way line, a distance of 134.92 feet to the Point of Beginning. 95-0212/LeasePat.des Containing 0.37 acres, more or less. PREPARED UNDER MY SUPERVISION: Matthew E. Webb, L.S. 5529 Prepared by: ~ Checked by: ,at 95-0212/LeasePat.des UNE L1 L~ L4 L5 L6 L7 L8 L9 L10 Lll L12 SCALE: SCALE: DATE: DR. BY: W.O.: F.B.: N44'25'45"£ N44'25'45"[ N45'30'0 I'W S05'45'I 7'W N45'30'01'W 4'29'59"[ N44'29'59'£ N45'30'01'W N44'25'43'£ U85'53'32' E N45'30'01'W S45'34'15" £ 1"=80' 2/16/96 95-0212 47.87' 18.33' 2.21' 35.51' 68.87' 36.24' 9.50' 11,62' 43.98' 22.69' 34.92' 26.98' L >' ~' ~I~ERCEDES~,$TRE - N45'30'43' W 30' 30' Ll2 LEASE PARCEL LE o. ~6.o0o s.~. o~ o.w Ac. m, Lt! N45'30'01'W FRONY S~R£Er 30' I 30' EXHIBIT "1" LEASE PARCEL ALBERT A. Will3 ASSOCIATES CIVIL ENGINEERS RIVERSIDE CALIFORNIA SHEET OF 1 DLE NO.: 1 SHEETS 387920 IN WITNESS WHEREOF, the parties have caused this First Amendment to Lease to be executed by their duly authorized representatives as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By Patricia H. Birdsalt Chairperson ATTEST: APPROVED AS TO FORM: Peter M. Thorson, City Attorney DUAL DEVELOPMENT INC. Edward Dool, Vice President R:~zlg~erg~doolle&. ~e 4 August 15, 1996 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92590 EXEMPT FROM RECORDER'S FEF_.S pursuant to Government Code Sections 6103 and 27383 SECOND AMENDMENT TO GROUND LEASE BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOP _MENT INC., dba TEMECULA SHUTTLE THIS SECOND AMENDMENT TO GROUND LEASE is made and entered into as of April 22, 1997 by and between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic, as Lessor (hereafter "Agency"), and Dual Development, Inc., dba Temecula Shuttle, a California corporation, as tenant (hereafter "Tenant"). The parties agree as follows: 1. This Second Amendment to Ground Lease is made with respect to the following facts, each of which is acknowledged as true and correct by the parties: a. On March 13, 1996, the parties entered into that certain Lease entitled "Ground Lease by and between the Redevelopment Agency of the City of Temecula and Dual Development, Inc., Temecula Shuttle." (the "Lease"); b. On August 27, 1996, the parties entered into that First Amendment to the ground lease which extended the commencement date of the lease agreement from July 1, 1996 to November 1, 1996. c. The property which is leased to the Tenant pursuant to the Lease is generally described as approximately 16,000 square feet at the comer of Sixth Street and Front Street and is legally described and depicted on Exhibit A., attached hereto and incorporated herein as though set forth in full; and d. The parties desire to establish a new commencement date for the term of the Lease in order to accommodate the work preparatory to commencement of construction. R:Wasinobk~doollea.se2 ]. Apdl 22, 1997 2. Section 2. A. of the Lease is hereby amended to read as follows: 2. "A. Initial Term. Unless sooner terminated or extended as provided in this Lease, the term of this Lease shall be thirty (30) years commencing on April 15, 1997 and ending April 14, 2027. Unless otherwise expressly indicated, whenever reference is made in this Lease to the term of this Lease, such reference shall include any extension of the term of this Lease. follows: Sections 4.B. and 4. C. of the Lease are hereby amended to read as "B. On the first five year anniversary of this Lease April 15, 2002, and on each subsequent five year anniversary during the initial term and extended term, if any, of this Lease, the Base Rent described at subsection "A" above shall be increased by an amount which is 8 % greater than the Base Rent (including previous rent adjustments) applicable for the immediately preceding five year period. "C. On the first twentieth year anniversary of this Lease April 15, 2017, Agency shall cause the property to be reappraised at its then existing fair market value, and the Minimum Annual Rental shall be adjusted to ten percent (10%) of the appraised fair market value. Thereafter, on each subsequent five year anniversary of this Lease, including extensions, if any, the Minimum Annual Rental shall be increased by an amount which is ten percent (10%) greater than the Base Rent (including previous rental adjustments) applicable for the immediately preceding five year period. 4. Except as specifically amended by this Second Amendment, all other terms and provisions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Lease to be executed by their duly authorized representatives as of the date first written above. R:\yasinobk\doollea.se2 2 April 22, 1997 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By Patricia H. Birdsall Chairperson ATrF_ST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney DUAL DEVELOPMENT INC. By Kathleen Dool, President By Edward Dool, Vice President R:Wa$inobk\doollea.se2 3 April 22, 1997 EXHIB~ "A" That portion of Lot 1 of Tract Map 23925, as shown by Map on file m Book 209 of Maps at pages 21 through 23, Records of Riverside County, California, described as follows: Beginning at the most westerly comer of said Lot 1; Thence North 44° 25' 45" East, along the northwesterly line of said Lot, a distance of 147.87 feet; Thence South 45© 34' 15" East, a distance of 26.98 feet; Thence South 44° 25' 45" West, a distance of I8.33 feet; Thence South 45° 30' 01" East, a distance of 2.21 feet; Thence South 05° 45' 1~" West, a distance of 35.51 feet; Thence South 45° 30' 0I" East, a distance of 68.87 feet; Thence South 14° 29' 59" West, a distance of 36.24 feet; Thence South 440 29' 59" West, a distance of 9.50 feet; Thence South 45° 30' 01" East, a distance of 11.62 feet to a point in the northwesterly fight-of-way line of 6th Street as shown on said map; feet; Thence South 440 25' 43" West along said right-of-way line, a distance of 43.98 Thence South 85© 53' 32" West along said right-of-way line, a distance of 22.69 feet to a point in the northeasterly right-of-way line of Front Street as shown on said map; Thence North 45° 30' 01" West along said right-of-way line, a distance of 134.92 feet to the Point of Beginning. 95-02 t 2/LeaacDat.dea Containing 0.37 acres, more or less. PREPARED UNDER MY SUPERVISION: Matthew E. Webb, L.S. 5529 Prepared by: Checked by:/14 95-0212/Lea,scPax.d¢$ L1 1_2 1.3 L4 L5 L6 L7 L8 L9 L10 Lll L12 SCALE: DATE: DR. BY: W.O.: SCALE: 1 "=80' N44'25'4§"£ N44'25'45'[ N45'30'01'W $0~45' 17'W N45'~}'Ol'W N 14'29'59" E N44'29'59" E N45'30'O1'W N44'25'43" E ~185'55'32" E N45'50'01'~/ S45'34'15"E 47.87' 18.33' 2.21' 35.51' 68.87' 36.24' 9.50' 11.62' 43.98' 22.69' 34.92' 26.98' 30' EXHIBIT "1" 1" =80' 2/1 6/96 95--021 2 LEASE PARCEL ALBERT A. W~ ASS~~S CIVIL ENGINEERS RIVFRSIDE CALIFORNIA SHEET OF 1 FILE NO.: 1 SHEETS ITEM 3 APPROVAL GEN. COUNSEL FINANCE DIRECTOR EXECUTIVE DIR. TO: FROM: DATE: SUBJECT: CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Redevelopment Agency Members/Executive Director Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Approval of Amendment No. 1 to the" Cooperative Agreement Between the City of Temecula and the Redevelopment Agency of the City of Temecula for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" dated February 11, 1997. PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the Redevelopment Agency Board: Approve Amendment No. 1 to the "Cooperative Agreement Between the City of Temecula and the Redevelopment Agency of the City of Temecula for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)"; and Authorize the Chairperson to execute Amendment No. 1 to the Cooperative Agreement on behalf of the RDA in substantially the form attached to the Agenda Report; and Authorize the transfer of $120,712.00 from the Winchester Interchange Project to the Southbound Exit Ramp Widening at I-15/Winchester Road, Project No. PW97-03, as well as authorize the expenditure for future project costs incurred as approved by the City or Agency. BACKGROUND: Amendment No. 1 to the Cooperative Agreement consists of providing funds for the design of the improvements to the south bound off ramp at 1-15 and Winchester Road, State Route Hwy. 79N, (Project No. PW97-03). The project includes preparation of plans for roadway, landscaping, irrigation, street lights, signing, striping, and traffic signal modification improvements to widen the existing off ramp. This interchange is located within the Project Area of the Temecula Redevelopment Project Area 1988-1. The Community Redevelopment Law at Health and Safety Code Section 33220 authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the r:\agdrpt\97\O923\RDA9421 A.MEN planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and © specifically authorizes such cooperative agreements allowing a city and a redevelopment agency to assist each other in the construction and installation of streets, roads, water, sewer, or drainage facilities. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically authorizes the expenditure of Agency funds on road construction within or benefitting the Project Area. The attached Amendment No. 1 to the "Cooperative Agreement Between the City of Temecula and the Redevelopment Agency of the City of Temecula for Construction and Funding of Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" would implement the funding plans of the City and the Agency with respect to this Project. FISCAL IMPACT: The Agency's obligation under the terms of Amendment No. 1 to the Cooperative Agreement would be $120,712.00, to fund a portion of the services to design the south bound off ramp at 1-15 and Winchester Road, State Route Hwy. 79N, (Project PW97-03). Adequate funds are available in the remaining balance of Winchester Road Interchange. Attachment: 1. Amendment No. 1 to the Cooperative Agreement r:\agdrpt\97\0923\RDA9421 A.MEN AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR CONSTRUCTION AND FUNDING OF WINCHESTER ROAD AT INTERSTATE 15, BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS (PROJECT NO. PW94-21) This First Amendment is made and effective as of September 23, 1997 by and between the City of Temecula, a municipal corporation ("City") and the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Agency"). In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. The "Cooperative Agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of Winchester Road at Interstate 15 Bridge Widening and Northbound Ramp Improvements (Project No. PW94-21)" dated February 11, 1997 (Agreement"), is hereby amended to expand the scope of the Project, as defined in Section 1.c. to include the following additional work on the 1-15/Winchester Road Interchange: "Prepare plans/specifications and review for the widening of the southbound off ramp at 1-15 and Winchester Road (State Route Hwy. 79N), Project PW97-03. The project includes preparation of plans for roadway, landscaping, irrigation, street lights, signing, striping, and traffic signal modification improvements." 2. Except as specifically provided herein, all other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CITY OF TEMECULA BY: Attest: Patricia H. Birdsall, Mayor June S. Greek, City Clerk REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA BY: Steven J. Ford, Chairperson I R: \cip\projects\pw94\pw94-21\agreement\amencoop.rda/ajp Attest: June S. Greek, Agency Secretary Approved As to Form: Peter M. Thorson, City Attorney/Agency General Counsel 2 R: \cip\proj ects\pw94\pw94-21 \ag reement\amencoop. rda/ajp RDA DEPARTMENTAL REPORT CITY ATTORNEY FINANCE DI RECTO'~)_~ CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members Mary Jane McLarney, Redevelopment Director September 23, 1997 Monthly Departmental Report Attached for your information is the monthly report for August for the Redevelopment Department. This report covers housing, redevelopment and economic development. R:\SYERSK\STAFFREP\MONTHLY.WPD 9/12/97 kgs CITY OF TEMECULA MEMORANDUM TO: FROM: DATE: SUBJECT: Executive Director/Agency Members Mary Jane McLarney, Redevelopment Director September 23, 1997 Monthly Redevelopment Activity Report for August 1997 Prepared by: John Meyer, Housing and Redevelopment Manager HOUSING First Time Homebuyers Program · Fourteen families have been assisted and five remaining applications are pending for FY 97- 98. All $400,000 has been funded or reserved. Residential Improvement Programs · Our residential improvement program has 8 loans completed and 15 in process. Temecula O.N.E. · The Temecula O.N.E. continues to work with the Pujol Street Community Enhancement Council (CEC). The Council has met several times and is working to identify issues and to find solutions in an effort to take ownership of their neighborhood revitalization. · The Temecula O.N.E. video was submitted to the League of California Cities Helen Putnam Award for Excellence in August. North Pujol Redevelopment Project Staff has sent out an RFQ to rehabilitate the existing 38 apartment units and develop 12 new units on the vacant acre of land, currently owned by the Agency. Submittals are due back October 1, 1997. Staff has met with several developers who have shown interest in partnering with the Agency. OLD TOWN Old Town Streetscape Improvement Projects The Preliminary design drawing will be presented to staff the week of September 15, 1997. After the design development stages are completed (September/October), they will begin working on the construction drawings. Underground Feasibility Study Staff is reviewing the drat~ final report. A memo will be forwarded to the Council shortly. Facade Improvement Non-Conforming Sign Program Staff has received two new facade improvement application and has met with several other interested property and business owners. TO: FROM: DATE: SUBJECT: Executive Director/Agency Members Mary Jane McLarney, Redevelopment Director September 23, 1997 Marketing Activities Report Economic Development and Tourism Update Prepared by: Gloria Wolnick, Marketing Coordinator The next marketing meeting is scheduled for Wednesday, September 17, 1997 and a full marketing activities report including the marketing partner's reports will be distributed at that time. MEDIA OUTREACH Monthly Calendar of Events and press releases continue to go out to the media. The City has received numerous media calls this month on the Tractor Race event as a result of our October calendar of events. Mt. Lebanon Magazine, published by the Municipality of Mt. Lebonon in Pittsburgh, PA, contacted the City for a press kit and photos of Temecula. The author of the article, Marnia Rober, previously lived in Temecula for two years and now works in Pittsburgh as customer service manager of a metal coating manufacturing company. Attached is a copy of the article featured in their publication. An article on Temecula appearing in Sunset Magazine's August edition is a result of the Balloon & Wine Festival and Vintner's Association's efforts. Attached is a copy for your review. The article "Temecula - Our Neighbor to the North" and a photo of wine country was recently published in Convisions which is the San Diego Convention and Visitor's Bureau monthly newsletter. The newsletter is distributed to their membership as well as included in the San Diego Business Journal. TOURISM The City of Temecula are now members of the San Diego Convention and Visitors Bureau (CONVIS). With our membership the City is now able to participate on partnerships established by CONVIS, i.e. Las Vegas and Phoenix areas. Temecula's membership enables us to expand our media coverage through CONVIS. Selected Temecula special events will be incorporated in with San Diego's events and distributed to their media base. Also, our tourism brochure will be displayed in racks accessible to the general public at their International Visitor Information Center located at Horton Plaza, San Diego. The Chamber of Commerce are now members of the International Information Centers located in the Gaslamp District. With the Chamber's membership, Temecula is able to display our tourism and winery brochures in racks accessible to the general public and distribute Temecula's monthly entertainment calenders. Also, the Temecula CD Rom and golf shirts will be sold at the information center. This organization is contacted by various San Diego hotels to set up display tables with information for groups meeting in their hotels and Temecula's materials will be displayed. To capitalize on the opportunity to attract San Diego visitors attending the Super Bowl game, the City, Chamber and Vintner's Association are planning a FAM tour (familiafization tour) inviting destination management planners from the San Diego area. The FAM tour gives Temecula the opportunity to showcase Temecula as a tourism destination. Once the planners are educated on our area they will be able to recommend Temecula to the many tourists contacting them for the Super Bowl festivities or other plans year round. The tour is scheduled for September 29th. ECONOMIC DEVELOPMENT The CalBioSummit '97 will be held in October in San Diego. The City of Temecula, Four-Sher Development and Westside Business Center will take an active role and share a sponsorship for this year's event. Our sponsorship entitles the City to ten registrations to the conference, our material displayed on our display table, linkage to the CalBioSummit '97 site as well as our logo displayed on banners and conference literature. Approximately 800 were in attendance at last year's summit. The City is a sponsor for the Small Business Innovative Research Conference (SBIR) being held September 16 - 17 in Ontario. The conference is organized by the Inland Empire Technology Consortium of local Colleges and Universities. It introduces local technology entrepreneurs, business and government people and university faculty to the SBIR programs of federal agencies. The International Association of Corporate Real Estate Executives (NACORE) will be holding their annual symposium and exposition in San Francisco on September 13-16. The City is co- sponsoring this event with TeamCalifornia. The Economic Development Corporation will participate in the trade show booth. A Marketing Workshop with local commercial brokers was held September 9th at City Hall. The meeting proved very effective as information was disseminated and ideas exchanged with brokers pertaining to the City's marketing activities, literature and upcoming marketing strategies. Mary Jane McLarney will be attending The National Council for Urban Economic I)evelopment's (CUEI)) annual conference September 21-24. The conference will focus on economic development strategies. CUED has designed four days of lectures, tracks and workshops aimed at providing attendees with the latest strategies for creating and retaining jobs in their communities and the most innovative ways of financing development projects. The City continues its participation in representing the Inland Empire Economic Partnership to plan activities for the International I)evelopment Research Council's Conference (II)RC) to be held in November in San Diego. The City is advertising in Site Selection Magazine, the official trade publication oflDRC and will be distributed to conference attendees as well as at other conferences. Temecula will receive inquiries from our ad and staff will respond to them. Countrv Garden Ideas S t;_T. me: Fresh 2breath,) 9 Recipes & '!'ips " Good %mes ,. ,., , ~,-~ &.',~ in Denver / Appl ' e Harvest 4~-,~~:~," :..,~',' ~, ~ . · .. A . ,. ,~ . .. ,:~<~: ~ ,. , ~ ~ ~ , ~~ ,...-- ,,~ , .-~ -.:~:~ :..-~--: .. . ~. . :,~:.. ~:-?:. ..... · ..... .:~ ;i ~i . - . travel Suburban harvest Riverside Count¥'s Temecula wine region is slowly but surely coming into its own P'---~he Temecula Valley is Southern California's ultimate suburban .--. wine country.. It begins where the subdivisions end, and communities with evocative names like Vintage Hills, the Vineyards, and Chardonnay Hills give way to rows of actual grapevines tracing the contours of the valley floor. Joe Travis Hart knows the valley's contours well. He's been growing grapes at his Hart Winery, the first vine- yard you reach heading east from Inter- state 15, since 1974. Along with Audrey and Vince Cilurzo, who first planted grapes here in 1968, and Ely Callaway, who opened 'lEmecula's first winery in '~ i -: '"' "~ Wines to ,-.'ip when visiting the valley: · /9_~5 Re~' &d Vi(~er~ic'~ Many visitors associate a tro~ to Temecula with a hot-air balloon r/de, but new vino,ards and var2'etals are making this a wine region to be reckoned with. 1974, Hart is considered a pioneer winemaker of the modern era. Hart's evolution from Carlsbad ju- nior high school teacher with an inter- est in wine to full-time winemaker roughly parallels this valley's develop- ment as a wine region. "People didn't take Temecula very seriously at first," says Hart. "That was partly because we were trying to be another Napa. It's no surprise we're not. Ever3.' region has its own characteristics." One of the keys to Temecula as a wine-growing region is Rainbow Gap, an opening to the south in the Agua Tibia Mountains. Most days, an after- noon sea breeze blows through the pass, cooling the 1,500-foot-elevation valley just enough for fine wine grapes. Cool night air flowing off the high mountains along the valley's southeast edges also moderates temperatures. Such cooling makes all the difference. "We're right on the verge of being too hot, just on the edge," says Barrett Bird, a former aerospace engineer who is the owner and winemaker at Santa Margarita WineD'. "We sometimes have trouble getting grapes picked before they become too sugar):" Another Temecula Valley characteris- tic is its roughly uniform proximity to a good portion of Southern California's 18 million residents. Many winemakers sell virtually their entire stock to visi- tors to the area. Last year Bird, whose winery produces just 1,000 cases annu- ally, sold out within four months. Historically, this strong local market has meant greater pressure to produce popular varieties, regardless of their suitability to the region. But all that is changing. Drive through the Ibmecula Valley and you can see the telltale white bandages on vines indicating that grow- ers are grafting new varieties onto ex- isting vine stock as they make the tran- sition to new, geographically correct wines. The trend is toward Mediter- ranean varietals, especially southern Rh6ne and Italian grapes such as San- giovese, Moumedre, and Nebbiolo. More change is coming as two new wineries (Wilson Creek and Stuart Cel- lars) prepare to open in the next year, expanding grape-growing acreage ever deeper into the valley. There is cer- tainly a sense of optimism among liemecula winemakers. But with it comes the humliltT born of an enter- prise that is equal parts business, agri- culture, and art. Especially where the tradition is just 30 years old. "We're still a new region," says Bird. "And this all takes a long, long time." (Continued on page 4(;1); by MATTHEW J A F F E pbotogra/;hx b), J A M E $ M A R S H A L L, 40B SUNSET Taking in Ie.mecula The 'fi:-mccula Valk?is wineries are c}us~er¢~ m a smMI area, which makes xs~ncri<~s offer daily'-~ou~ and ms~in~. LODGING Loma ~¥sta Bed and BreakSerst. rus. Each room is indiyidmdly deco- rated. and some have balconies (the Fume Blanc room h:L~ a parti~:~laHy nice ~Scw). Rates slart at ~95. ,{3350 Serena g.~¢ (909) l&mecu~ Creek Inn, '{'his inn ha.~ 27 holt~ of goif :red a pair tennis' courts, and <-clcbmtc~ Teme~la Valley's past w~rh Native .~nerican crA{~ in its modern rooms. Rates start at $125; golf l)acl~ages ac:ailable. -¢4501 Rainbou, Rd,; (800) 5~- E~{5- Bai~' Wine Count~ L~fe. Befitting ;~ witm ~cgion on the urban fringe, this restaurant is acmal.{v hidden away subu~an shopping center. But thanks [<> the' outsl:mding California om~ i~,si<[c, you quickly f~c~ ~hcrc'~ a parking }<*t. no~ vincS'a~, }ust out- s,<le. The ode also packs picnic hmchcs simple .p:rsra :red the ~ghl red, 'llfis at Thornton XX'mcr~ has both. 32575 lb~tet Grill. tn the morning, this find in rhc ;~rca. A~ ~i,~, i{ ~%om~ menu ;h:~t mciu<ics pastas and gril}ed meats and sc-af<>(~{. 694-1000. }~*l{yard Teaace, '{'his small ca.re a s*mplc hmch using fresh. local ACT~VTT~tE$ & &*ltooni~tg. For a big-p~clure pcr- spccti~c, call D & !) [~lkxming~-ham* pagnc awaits at ti~c end of {he ride. Bi~}<ling, Gravity Activated offers a h~df, day 10-m~le ride with eQ' {~>t~. $SZ 50/~,r l~r,~>n, bio,c/cs: (STUD Chtem~gneJazz '9 % ~hn~ogh tobcr. Thornr(>n XVinc~' ho5~> }~ teas {k'aturing nammat}y known m~i.qs. t:~omin~ c<mcc~s include Dark} Ben* oil the Rippingterns, and Itiroshinm. I~ckets are S2~6: /{)0'7~ GENERAl. IN FORI',,'tAT.~ O N Valley Wine Count[5; old[ tla¢ 'ltm~ectfia 9465) k'~r a {~'c b~'ochure and map. HELENA AND GREAT FALLS, MONT. Ahistory lesson enhance~ ~ dqv i.- '.~.-::;;Z.;~?i"<'~:x'-M'~.. ...... Helena and Great Falls. '~ !, Betsy Kennedy, former din. c ,:.1 ~',' -' ":"'*"'"~%.~.. ,. ~ . ParisGibsonMuseumofArtin (;,.',u I-a ;, :. ' 5'"':..i~,.~.5 :::'~)~i~. .......-' Lewis and Clark and cowboys,,,,,I figure prominently ~n Monta::.~, ~._. $.t~j[~'~t~ ..... :__~r~m~'l~_ ' .' , ,~-:_e'~'~'~:::~: ·: 3'" ~ ." modernpersonae--the urbanw o, juxtaposed against wide open " ig Sky" country. o ~ ~ t · , ' ' ~?e~,~ · ~ , ,~ :.':-'-" ' capita, at L~t Ch~ce G~ch. , "'~~ J~--.. . ?~ - ............ · .... -..---______~ n.~~~: k ~ ,. ..... .... ~ town, Kennedys~=.You~ ~ r~' ""~ .... "' '~: ....... spendapl~t morningstroh- ' ' · .... ;'.:.-"~:; ~'*':~ :.~" ; ~hoY('~ R~,m Dam and the largest ing p~t Romanesque-s~le ~... , .,,. , · . · m::~ ":'::?~ :" .':"~7-'::':'?:' ~'eto(t;~11s tl,,"6rearfall~ "lo~,~tvd ~unmn~om~m-m~stons, ~ :: . many designed by H. H. Richardson of Allegheny County Courthouse fame. These historic buildings house small businesses, art galleries, boutiques filled with made .~ Montana goods, and trendy restaurants. Take a break for French pastries and coffee at Park Avenue Bakery, then head for the Montana Historical Society's MacKay Gal- lery, which houses the collection of noted western artist Charlie Russell (1864-1926). Russell is most famous for his cowboy and Indian paintings, which represent a briefbut indelible era in Montana history. "The un- usual aspect of Russell's art," says Kennedy, "is that he depicts American history from the American Indian point of view." Russell enthusi- asts should take a side trip to the state capitol's legislative meetingroom to see "Lewis and Clark meet the Flathead Indians," a mural painted in 1911- "eight blocks away but well worth the trip," Kennedy says. Spend the rest of your day in Great Falls, 90 miles north: "Since there's no daytime speed limit in Montana, it's just a short hour and 15 minutes by car." Kennedy says. The drive on I-15 north along the Missouri River through Wolf Creek Can- yon is spectacular. "Be sure to exit at Gates to the Mountains," she says, "where you can take an open-air boat trip every houron the hour, retracing the travels of Lewis and Everyone has on cowboy boots, though they're not required. . .... ..:'~.. '.:':, u,:;' ' ' ~- .. Clark. The Dearborn Inn is perfect for lunch. There's nothing remarkable about the food. Just enjoy the spectacular setting on the river." Leaving Wolf Creek Canyon, you'll en- ter the foothills of the Rockies. Closer to Great Falls, you'll exit into Big Sky Coun- try, where everything is fiat except for the buttes--squared-off mountains with fiat tops that rise from the plains. "It's as if you're in the middle of a Russell painting," says Kennedy of the dramatic view. Slow down en route, and keep an eye out for prong- horn antelope, mule-tail andwhite- tail deer, bald eagles, pelicans, and sea gulls. Sea gulls in Montana? Yes. They're attracted to abundant trout in the Missouri River, which is also full of fly fishermen, waist deep in the water. In Great Falls, the falls no longer roar, having been dammed to create hydroelec- tricity. Paris Gibson, the city's founder, had the ambitious vision of capturing the falls' energy, promoting commerce and creating a "Pittsburgh of the Great North West." But there's plenty to see, including Over- look Park, Black Eagle Falls Dam and Giant Springs Pa?k, where the world's larg- o. the, .~lis~(.zri RiYer m,ar Groat Mot~l,m,t % ~( em'r~ i~ mtfs,~r,,Ih,h,(L 4t h'~, ,~ ~,'om r~'le ~tal~,. sep, m~le~ the ~{is~ouri Riser I?om ~ rt,tal fh',.' Giant est natural spring spouts 270,000 gallons per minute. The C. M. Russell Museum and log studio and the Paris Gibson Mu- seum, which features contemporary Mon- tana art, are musts. Enjoy dinner at World Famous Eddy's, where the camp-fire steaks are "to die for." Everyone has on cowboy boots, though they're not required. You might see Ed McMahon there. He loves it. Betsy Kenned)~ Wynnewood Drive, re- turned to Mt. Lebanon last year a~er two years in Montana. A doctoral candidate in art history at the Universi~ of Pennsylvania, she is writing her dissertation titled 'SExhib- iting the Artist} Studio in Museums of~st- ern Art." TEMECULA, CALIF. Got a day in San Diego? Spend it in Temecula, 60 miles north, suggests Mamia Rober. Temecula is known for its wineries, antiques and as a onetime haunt of the infamous Billy the Kid. Start the morning with a hot air balloon ride, Rober suggests, recalling the unfor- gettable experience of floating seven stories high. Temecula means "where the sun shines through the mist." And it's true. As the sun rises and scatters the last traces of fog, lush continued next page SEPTEMBER 1 997 43 originally went to visit relatives[in El Paso], but now we go because we have grown to love it," --Sherry Harkins continued vineyards, terra cotta tiled roofs and green golf courses drift beneath your feet. You'll want to stop at one of the 11 local wineries, where you can sample and buy wine. Temecula is not as well-known as Sonoma or Napa, which have produced wine for 100 years. Temecula produced its first wines in 1971. A few ambitious vin- tages have made it to the White House but most are sold in California or the West. Since thewineries are locally owned, there's a good chance you'll get to meet the owners of Hart, Mt. Pallomar, Thornton, Callaway, and others. CallawayVineyard andWiner- ies, 32720 Rancho California Road, is owned by Callaway, of golf club fame, who started the golf and wine businesses in retirement. Old Town Temecula lies four miles west of the vineyards off Rancho California Road. Once a stop for the Wells Fargo Express, OldTown stretches six blocks and is preserved as it was in the 1890s. It's a haven for junk antiquers. The Temecula Valley Museum houses Native American artifacts from more than 1,000 years ago, memorabilia from 1846- 1940 and a model of the town in 1914. Stick around for pool and country line dancing at the Temecula Stampede saloon and dance hall. Be sure to wear your west- ern garb and arrive early. It's packed. Marnia Rober, edl/loreland Drive, lived in 7}meculaj~r two years. She is the president of the Newcomers Club of Mr. Lebanon and is a customer service manager ofl~tson Stan- dard Co. in Harmarville, a metal coating manuJ~cturing company TUCSON, ARIZONA Most Arizona days are perfect," says Tamra Riedl. The sun shines 320 days a year, so a perfect day in Tucson begins outdoors. And because the city is so spread out (it covers more than 500 square miles in a valley ringed by mountains), you'll need a car. Begin with amountain bike ride through 44 MT. LEBANON MAGAZINE ~, '2,, ...... For a change of pace, head 60 miles north of San Diego to Temecula. Begin your day with a hot air balloon ride over Old Town (above) and the vineyards. Then stop at one of the vailey's many wineries (below) to taste the local vintages. Most of the wines are available only in California or the West, so you may want to bring some home. Don't miss the Temecula Valley Museum's collection of Native American artifacts. the Santa Catalina Mountains followed by brunch at the El Conquistador Resort and Country Club, Riedl suggests. Then spend some time at the Arizona- Sonora Desert Museum, which is really a zoo. Located 14 miles west of Tucson, it displays the spectrum of Sonoran desert life--black bears, mountain lions, beavers, otters, pogfish, tarantulas, scorpions and prairie dogs--in natural settings. There is a "cave" that simulates prehistoric desert life and an aviary with dozens of species of hummingbirds. Nearb3; San Xavier del Bac, known by locals as the White Dove of the Desert, is a fine example of mission architecture. An active Catholic parish, it serves the resi- dents ofrh e surrounding San Xavier Indian Reservation. The interior murals are stun- ning. For dinner, tryAnthony'sin theCatalinas, a "spectacular" restaurant in the Foothills, an upscale section of Tucson, Riedl says. Tuxedoed waiters and classical music cre- ate the mood. A 72-page wine list enhances it. lfyou're not prepared to spend $100 per couple for dinner, head for one of the ' . .'. - .......: · "4 ..';~ ~.w'~ ~'~ ~'r ~r' ~ ~.~ ~ ',~ ·~ ~ -, ~, , , '."' ~~',' ~?t~, .?.. ..:, .. .,~ VESTME~ IN OUR FUTU~ New York, Florida, Hawaii and other destinations that invest heavily in their tourism com- modity. Only mem- bers of the in- dustry have the knowledge, drive and eco- nomic incen- tive to reverse this trend. The referendum puts the indus- try--not state government-- in the driver's seat for directing and control- ling the campaign to market California. In fact, the indus- try will control all elements of the new marketing program, including the money collected and how it should be spent. The referendum is fair. Only those that truly benefit will bc included in the referen- duln. Whether a restaurant or a retailer, hotel, motel or at- traction, rental car companies or gas station, a business loca- tion must earn at least eight percent or more of its gross revenues from travel and tour- ism to be included. The referendum is also eq- uitable. Businesses only pay based on the amount of rev- enue they receive from travel- ers and tourists. If you benefit only marginally, you will pay an extremely small assess- ment. If your benefit is signifi- cant, your assessment is larger. In this manner, all as- sessments are equitable. Whatever you pay, your small investment will result in huge returns. For every $1 invested in travel and tourism promotions, $4 is returned in new revenues. A recent study conducted by the state of Cali- fornia shows that if the refer- endum passes, small busi- nesses will, on the average, receive $4,800 in additional travel and tourism revenues each year. Large businesses will earn about $76,800 more from travel and tourism annu- ally. We encourage you to con- sider the extremely positive impact your modest invest- ment in this industry-led ef- fort will have on your busi- ness, our industry and the State of California as a whole. Watch for your ballot in the mail around July 15. Please fill it out with your YES vote and mail it back immediately. Re- member, the deadline to re- turn your completed ballot is August 4. If you want more nm)rma- tion about the California Travel and Tourism Referendum, please call the California Tour- ism Industry Coalition at (916} 444-2671 or visit their website at www.caltia.com. And thank you for your in- vestment in our industry. Reint Reintiers President ~ CEO San Diego Convention & Visitors Bureau Temecula...., Our Neighbor to the North ~gg ~a varie~.y of :ivities and ,:wound ,~qe world, The histode hear~ 'I'ox~m, has under-. vls~tf~ back co ~e 'days oi ~e Wild West, H~ag m the Santa Rc,~a Rese~re and Cid, erred v~'n¢s, imm th~ <~ig~ major .g~if' A~d qom ovr members,' ,8 ~ i ~ es soo ~ i~ oi Te race u ~a Other amentrots i~c[~de six pool For more call {800} 722-4.700, Ne~tle~ on 35 acres in the m~ ~11s of ~altbr~k,.Lo~ Witt~s. ofiexs a romantw vemie fo~ 'we~di~. ~d ~pe- ~bo amid manitotrod ding package includes all' rc.~owlike atmosphere. For 728-gi2l, Erabaas? Suites Teme- mr,s~te ! 5, aow cd$~ .gal~ veniendy :,..:,.:.'.:~'..:! ::u r:".~..'.~:,: away ~ t}'i.~? ~,."~:!:: (~9} 676-5656, to:it dow~toWt~ Tt,.m~uia. Door-to-door pick ups ~mp o/is can be arra~:d f~.r groups o~ one o~' txqom, 695-1232. ~nga'v~y oilmcca i~ ~~, F=r more infof marion, all {~91 699.0099. ITEM 21 APPROVAL CITY ATTORNEY FINANCE OFFICEF~~ CITY MANAGER '~.~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director September 23, 1997 Development Code Amendment No. 3, Planning Application No. PA97-0036 Prepared by: Saied Naaseh, Associate Planner RECOMMENDATION: That the City Council: Approve a Categorical Exemption pursuant to Section 15061{b){c) of the California Environmental Quality Act Guidelines. 2. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, CHANGE PUBLIC HEARING REQUIREMENTS FOR CONDITIONAL USE PERMITS, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF-STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036)" BACKGROUND Several amendments to the Development Code have already been presented to the City Council. This amendment includes a number of needed clarifications and enhancements that are needed P: \NAASEHS\ 36PA97. CC 9/16/97 $n to make the Code internally consistent and more effective. The Planning Commission recommended approval of this item with a 5-0 vote. The Commission expressed concerns about the parking requirements and landscaping requirements for Self- Storage facilities and the public hearing requirements for Director approved Conditional Use Permits. Specifically, the Commission recommended increasing the minimum parking requirements for Self- Storage facilities from two (2) to four (4) spaces including the handicapped space. In addition, they recommended adjusting the landscape requirements for Self-Storage facilities in Industrial areas to match the required setbacks. Finally, they recommended an increase in the noticing requirements for Director approved Conditional Use Permits. These changes have been incorporated into the proposed Ordinance. DISCUSSION This amendment includes several changes to the Development Code, These changes can be classified into six different categories: Category One includes changes that are relatively minor and are intended to clarify the Development Code by correcting typographic errors, clarifying the language, and eliminating the inconsistencies within the Code. These changes are included in Section 2 of the Ordinance. The items in Category Two are more substantial than the previous category and provide additional clarification to the Code by adding additional language. These changes are included in Section 3 of the Ordinance. 3. Category Three includes amendments to the permitted uses tables within the Development Code. Specifically, the amendment permits Recreational Vehicle Storage Yards in most Residential Districts subject to a Conditional Use Permit (CUP). In addition, the permitted uses matrix in Commercial and Industrial Zoning Districts has been expanded to include Swap Meets, Automotive Lube Stations, Massage, and Self- Storage/Mini-Warehouse facilities. With the exception of Massage establishments, all the other uses are being added to the Development Code Schedule of the Permitted Uses Table. Massage businesses currently are only allowed with a CUP in the Community Commercial Zone. In staff's opinion this use does not require a CUP as it is very similar to other professional offices such as chiropractors and physical therapists which are permitted without a CUP. Therefore, staff is recommending that these uses be permitted without a CUP. The existing Massage Ordinance contains specific performance standards for massage activities. Sections 4 and 5 of the Ordinance reflect these changes. The fourth category of changes proposes to clarify and change the Approval Authority Table for CUPs. Currently, the Approval Authority Table allows the Director to approve CUPs for uses within existing building. However, CUPs for uses in new buildings require Planning Commission approval. The Planning Commission recommends that the Director be permitted to approve CUPs for new buildings with less than 10,000 square feet of area. However, the Planning Commission would retain the authority to approve CUPs with more then 10,000 square feet of building area. This proposal makes the approval authority for CUPs consistent with Development Plans. Sections 6 and 7 of the Ordinance reflect these changes. P:\NAASEHS\36PA97.CC 9/16/97 sn 2 The fifth category includes changes to the Parking Section of the Development Code. This section revises the parking requirements for Self-Storage/Mini-Warehouse Facilities and provides minimum dimensions for motorcycle parking. These changes are included in Section 8 of the Ordinance. The last category includes standards for Self-Storage/Mini-Warehouse Facilities. These standards are proposed to ensure quality design for these uses. This section proposes standards such as lot coverage, setbacks, and landscape requirements. Section 9 of the Ordinance reflects these standards. FISCAL IMPACT: None. Attachments: Ordinance No. 97- Page 4 Planning Commission Staff Report, August 25, 1997 - Page 12 Planning Commission Minutes, August 25, 1997 - Page 13 P:\NAASEHS\36PA97.CC 9/16/97 sn 3 ATTACHMENT NO. 1 ORDINANCE NO. 97- P:\NAASEHS\36PA97.CC 9/15/97 sn 4 ORDINANCE NO 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF-STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036) THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. That Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plan as may be in effect in any such city; and B. That there is a need to amend the Development Code to protect the public health, safety, and welfare; and C. That this Ordinance complies with all the applicable requirements of State law and local ordinances. Section 2. Amend the Development Code to make the following minor clarifications to the Development Code: A. In Section 17.03.040(b)(2) delete the word "or" in the second set of parenthesis of this section. B. In Section 17.24.020(d)(2), Subsection b: add the word "not" between "parts are" and "permitted". P:\NAASEHS\36PA97.CC 9/15/97 sn 5 C. In Section 17.24.050(h)(4) the first sentence shall read as follows: "The interior of all parking lots shall include landscaped planters. These planters shall have an inside dimension width of five (5) feet and shall have a length equal to the length of the adjoining parking spaces. These planters shall be placed at both ends of each row of parking spaces." D. In Section 17.08.020(f), in the last sentence, replace "15 (15) percent" with "fifteen percent (15 %)". E. Add the following footnote to Table 17.06(a): "3 Subject to the provisions of Section 17.24.020(d)(2)." F. In Table 17.06Co) add footnote "1" to the Dwelling Unit Per Net Acre. G. In Table 17.06(b) replace footnote "2" shown for the Minimum Front Yard for the L-2, LM, M, and H Zoning Districts with a footnote "2" for the Minimum Front Yard. H. In Table 17.06(b) replace Footnote 3 with the following: "Variable Side Yard Setbacks: In the L-2 Zoning Districts, the combined side yard setback for both sides must equal at least 15 feet with one side having at least 10 feet to provide potential vehicular access to the rear of the property. In the M and H Zoning Districts, Variable side yard setbacks maybe permitted provided the sum of the side yard setbacks is not less than ten feet and the distance between adjacent structures is not less than ten feet. This permits a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite side yard." I. In Table 17.06(b) delete Footnote 4. J. In Table 17.06(b) delete Footnote 3 and 4 for the Minimum Interior Side Yard for the LM, M, and H Zoning Districts." Section 3. Amend the following Sections of the Development Code to make minor changes to the Development Code: A. In Section 17.03.060(b)(1) add the following to the end of the subsection: "The required size of the set backs for residential lots accessing onto a cul-de-sac may be modified by up to twenty percent (20%) of the Code requirement." B. At the end of Section 17.04.020(e)(1) add the following ", except that residential model home complexes may be approved for any appropriate period of time." C. In Section 17.08.050(g)(1), between "alcoholic beverages" and" shall require" add ", except for the incidental sale of beer and wine at a restaurant,". D. Add Footnote 4 to the end of the Table 17.08(a) to read as follows: "See 17.080.50 Special Use Regulations and Standards Section (r) Self-Storage or Mini-Warehouse Facilities". P:\NAASEHS\36PA97.CC 9/15/97 sn 6 Section 4. A. Add the following line to Table 17.06(a): Amend Chapter 17.06 of the Temecula Municipal Code as follows: Recreational Vehicle Storage Yard 3 HR VL L-1 L-2 LM M H - C C C C C C Amend Chapter 17.08 of the Temecula Municipal Code as follows: Add the following lines to Table 17.08(a): NC CC HT Section 5. A. Swap Meet, entirely inside a permanent building 3 Swap Meet, Outdoor SC PO BP LI C - C C B. Add the following line to Table 17.08(a): NC CC HT SC PO BP Automobile Oil Change/Lube - C P P - - Services with no Major Repairs Massage D. Add the following line to Table 17.08(a): NC CC HTC SC PO Mini-Storage or Mini Warehouse -- C -- P -- Facilities4 Amend the Massage portion of Table 17.08(a) to read as follows: NC CC HT SC PO BP P BP C P P P:\NAASEHS\36PA97.CC 9/15/97 sn 7 Section 6. Amend the Conditional Use Permit-New Building Section of Table 17.03 (a) to read as follows: Approval ** * * * Admin. ** Planning City Council Approval Planning Commission Director Conditional Use Permit-(New Building 10,000 sq. ft. or greater) Conditional Use Permit-(New Building Less than 10,000 sq. ft.) X X Section 7. Amend Section 17.04.010 (c) to read as follows: "Conditional Use Permits shall require a public hearing as follows: (1) If the Conditional Use Permit involves an existing building the Director of Planning shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Director of Planning may be appealed to the Planning Commission, pursuant to Section 17.03.090. (2) If the Conditional Use Permit involves a new building with less than 10,000 square feet, the Director of Planning shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Director of Planning may be appealed to the Planning Commission, pursuant to Section 17.03.090. (3) If the Conditional Use Permit involves a new building with 10,000 square feet or greater, the Planning Commission shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Planning Commissions may be appealed to the City Council, pursuant to Section 17.03.090." Section 8. Section: Amend Section 17.03.040 (b) (2) to add the following to the end of this Except that Conditional Use Permits requiring Director approval shall be noticed to a radius of six hundred (600) feet from the exterior boundaries for the site. P:\NAASEHS\36PA97.CC 9/15/97 sn 8 Section 9. Amend Chapter 17.24 to make the following Sections: A. Replace the current Mini-Storage Warehouse parking requirements in Table 17.24 (a) with the following: Self-Storage/Mini- Warehouse Facilities 1 space for every 200 storage units (a minimum of 4 spaces including the handicap space), and 2 covered parking spaces if a manager's residential unit is provided. B. Amend Section 17.24.050(a) by adding the following: "Motorcycle parking spaces shall have a minimum dimension of at least four (4) feet in width and seven (7) feet in length and shall be accessed by a drive aisle at least eight (8) feet in width." Section 10. Add the following Section to 17.080.50 Special Use Regulations: "(r) Self-Storage or Mini-Warehouse Facilities The following standards shall be applied to all new self-storage or mini-Warehouse facilities: (1) Development Standards: (a) The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. Co) In Commercial Zoning Districts the rear and side yard setbacks shall be a minimum of 10 feet. In Industrial Zoning Districts no rear or side yard setbacks are required. The Director may increase the setbacks to a maximum of 25 feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification. (c) The maximum lot coverage shall be 65 percent. (d) The development site shall provide a minimum of 10 % landscaped open space for project within Commercial Districts. In Industrial Districts the total landscaping area shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped. (e) A manager's residential unit may be provided, but is not required. (f) Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for recreational vehicles, boats, buses, and trailers, provided that the storage area is adequately screened from public view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the Director. P:\NAASEHS\36PA97.CC 9/15/97 $n 9 (2) Performance and Use Regulations: (a) Any business activity, other than rental of storage units, including the on-site sale of merchandize, or garage sales, and transfer/storage businesses which utilize vehicles as part of the business are prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. (b) Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. (c) Truck or vehicle rental businesses are prohibited without first obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses." Section 10. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Section 11. F. ffective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. P:\NAASEHS\36PA97.CC 9/15/97 sn 10 Section 12. PASSED, APPROVED, AND ADOPTED this 1997. day of Patricia I-I. Birdsall, Mayor ATrEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97- . was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ~ day of , 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the ~ day of , by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, City Clerk P: \NAASEHS\36PA97. CC 9/15/97 sn 11 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT AUGUST 25, 1997 P:\NAASEHS\36PA97.CC 9/15/97 sn 12 TO: FROM: DATE: SUBJECT: Prepared By: MEMORANDUM Planning Commission Debbie Ubnoske, Planning Manager ~,~. August 25, 1997 Development Code Amendment No. 3 (Planning Application PA97-0036) Saied Naaseh, Associate Planner Patty Anders, Assistant Planner RECOMMENDATION: ADOPT PC Resolution No. 97- entitled: PC RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS AND STANDARDS, ESTABLISH SELF-STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036)" BACKGROUND Several amendments to Development Code have already been presented to the Planning Commission. These remaining amendments include a number of needed clarifications and enhancements that are needed to make the Code internally consistent and more effective. P:tDCAMEND3,PC2 8/21/97 sn 1 DISCUSSION This amendment includes several changes to the Development Code. These changes can be classified in six different categories: Category One includes changes that are relatively minor and are intended to clarify the Development Code by correcting typographic errors, clarifying the language, and eliminating the inconsistencies within the Code. These changes are included in Section 2 of the Ordinance. The items in Category Two are more substantial than the previous category and provide additional clarification of the Code by adding additional language. These changes are included in Section 3 of the Ordinance. Category Three includes amendments to the permitted uses tables within the Development Code. Specifically, adding Recreational Vehicle Storage Yards in most Residential Districts subject to a Conditional Use Permit (CUP). In addition, the permitted uses matrix in Commercial and Industrial Zoning Districts has been expanded to include Swap Meets, Automotive Lube Stations, Massage, and Self-Storage/Mini- Warehouse facilities. With the exception of Massage establishments, all the other uses are being added to the Development Code Schedule of Permitted Uses Table. Massage businesses currently are only allowed with a CUP in the Community Commercial Zone. In staff's opinion this use does not require a CUP as it is very similar to other professional offices such as chiropractors and physical therapists which are permitted without a CUP. Therefore, staff is recommending these uses to be permitted without a CUP. The existing Massage Ordinance contains specific performance standards for massage activities. Sections 4 and 5 of the Ordinance reflect these changes. The fourth category of changes proposes to clarify and change the Approval Authority Table for CUPs. Currently, the Approval Authority Table allows the Director to approve CUPs for uses within existing building. However, CUPs for uses in new buildings require Planning Commission approval. Staff is proposing to allow the Director to approve CUPs for new buildings with less than 10,000 square feet of area. However, the Planning Commission would retain the authority to approve CUPs with more then 10,000 square feet of building area. This proposal makes the approval authority for CUPs consistent with Development Plans. Sections 6 and 7 of the Ordinance reflect these changes. The fifth category includes changes to the Parking Section of the Development Code. This section revises the parking requirements for Self-Storage/Mini-Warehouse Facilities and provides minimum dimensions for motorcycle parking. These changes are included in Section 8 of the Ordinance. The last category includes standards for Self-Storage/Mini-Warehouse Facilities. These standards are proposed to ensure quality design for these uses. This section proposes standards such as lot coverage, setbacks, and landscape requirements. Section 9 of the Ordinance reflects these standards. P:\DCAMEND3.PC2 8/21/97 sn 2 ENVIRONMENTAL DETERMINATION The proposed amendments do not have the potential to cause a significant impact on the environment and are consistent with the impacts included in the previous Negative Declaration for the Development Code and Zoning Map as well as the Final Environmental impact Report of the City General Plan for the City and its environs. Therefore, the Planning Manager has determined that the project is exempt from California Environmental Quality Act, pursuant to Section 15061 (b)(3) of the CEQA Guidelines. GENERAL PLAN CONSISTENCY The proposed amendments to the Development Code are consistent with goals and policies contained in the General Plan. FINDINGS The proposed amendments are necessary to protect the public health, safety and welfare. 2. The proposed amendments are consistent with the General Plan. Attachments: PC Resolution No. 97- - Blue Page 4 Exhibit A - Ordinance No. 97- - Blue Page 7 P:\DCAMEND3.PC2 8/21/97 sn 3 ATTACHMENT NO. 1 PC RESOLUTION NO. 97- P:\DCAMEND3.PC2 8/21/97 sn ~' PC RESOLUTION NO. 97- A RE_qOLUTION OF THE PLANNING COMM[qSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMEC~A AME~NDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE ,SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQ~NT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISH34ENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF-STORAGE/MINI- WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036) WHEREAS, On November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, On January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WItEREAS, notice of the proposed Resolution was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, a public hearing was conducted on August 25, 1997, at which time interested persons had an opportunity to testify either in support or opposition. NOW, THEREFORE, THE PLANNING COMM[qSION FOR THE CITY OF TEMECULA DOES HEREBY RECOMMEND THAT THE COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA A1VrENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING P:\DCAMEND3.PC2 8/21/97 sn 5 DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUS~ FOR RESIDENTIAL CUL- DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS, ESTABLIgH SELF-STORAGF_JMINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036)" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A. PASSED, APPROVi*J), AND ADOPTEI~ this 25th day of August, 1997. Linda Fahey, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 25th day of August, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary P:\DCAMEND3.PC2 8121197 =n 6 EXHIBIT A ORDINANCE NO. 97- P:\DCAMEND3.PC2 8/21/97 sn 7 EXHIBIT A ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAFFER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE CHANGES TO A REQUEST FOR APPROVAL OF AN AM'ENDMENT TO THE DEVELOPMENT CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMM'ERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMF~NSIONS, ESTABLISH SELF- STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036) THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. That Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plan as may be in effect in any such city; and B. That there is a need to amend the Development Code to protect the public health, safety, and welfare; and C. That this Ordinance complies with all the applicable requirements of State law and local ordinances. Section 2. Amend the Development Code to make the following minor clarifications to the Development Code: A. In Section 17.03.040(b)(2) delete the word "or" in the second set of parenthesis of this section. P:\DCAMEND3.PC2 8/21197 sn 8 B. In Section 17.24.020(d)(2), Subsection b: add the word "not" between "parts are" and "permitted". C. In Section 17.24.050(h)(4) the first sentence shall read as follows: "The interior of all parking lots shall include landscaped planters. These planters shall have an inside dimension width of five (5) feet and shall have a length equal to the length of the adjoining parking spaces. These planters shall be placed at both ends of each row of parking spaces." D. In Section 17.08.020(0, in the last sentence, replace "15 (15) percent" with "fifteen percent (15 %)". E. Add the following footnote to Table 17.06(a): '3 Subject to the provisions of Section 17.24.020(d)(2)." F. In Table 17.06(b) add footnote "1" to the Dwelling Unit Per Net Acre. G. In Table 17.06(b) replace footnote "2" shown for the Minimum Front Yard for the L-2, LM, M, and H Zoning Districts with a footnote "2" for the Minimum Front Yard. H. In Table 17.06(b) replace Footnote 3 with the following: "Variable Side Yard Setbacks: In the L-2 Zoning Districts, the combined side yard setback for both sides must equal at least 15 feet with one side having at least 10 feet to provide potential vehicular access to the rear of the property. In the M and H Zoning Districts, Variable side yard setbacks maybe permitted provided the sum of the side yard setbacks is not less than ten feet and the distance between adjacent structures is not less than ten feet. This permits a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite side yard." I. In Table 17.06(b) delete Footnote 4. J. In Table 17.06(b) delete Footnote 3 and 4 for the Minimum Interior Side Yard for the LM, M, and H Zoning Districts." Section 3. Amend the following Sections of the Development Code to make minor changes to the Development Code: A. In Section 17.03.060(b)(1) add the following to the end of the subsection: "The required size of the set backs for residential lots accessing onto a cul-de-sac may be modified by up to twenty percent (20%) of the Code requirement." B. At the end of Section 17.04.020(e)(1) add the following ~, except that residential model home complexes may be approved for any appropriate period of time." C. In Section 17.08.050(g)(1), between "alcoholic beverages" and" shall require" add ", except for the incidental sale of beer and wine at a restaurant,". P:\DCAMEND3.PC2 8/21/97 sn 9 D. Add Footnote 4 to the end of the Table 17.08(a) to read as follows: "See 17.080.50 Special Use Regulations and Standards Section (r) Self-Storage or Mini-Warehouse Facilities". Section 4. Amend Chapter 17.06 of the Temecula Municipal Code as follows: A. Add the following line to Table 17.06(a): HR VL L-i L-2 LM M H Recreational Vehicle Storage - C C C C C C Yard 3 Section 5. Amend Chapter 17.08 of the Temecula Municipal Code as follows: A. Add the following lines to Table 17.08(a): NC CC HT SC PO BP LI Swap Meet, entirely inside a - - C - C C permanent building ' Swap Meet, Outdoor ..... B. Add the following line to Table 17.08(a): NC CC HT SC PO BP LI Automobile Oil Change/Lube - C P P - - P Services with no Major Repairs Massage D. Add the following line to Table 17.08(a): NC CC HTC SC PO Mini-Storage or Mini Warehouse -- C -- P -- Facilities4 Amend the Massage portion of Table 17.08(a) to read as follows: NC CC I-IT SC PO [ e [ P [ P [ P [ P I BP LI BP C LI P P:\DCAM/ND3.PC2 8/21/97 sn 1 0 Section 6. Amend the Conditional Use Permit-New Building Section of Table 17.03 (a) to read as follows: Approval ** * * * Admin. ** Planning City Council Approval Planning Commission Director Conditional Use Permit-(10,000 Sq. ft. or greater) Conditional Use Permit-(Less than 10,000 Sq. ft.) X X Section 7. Amend Section 17.04.010 (c) to read as follows: "Conditional Use Permits shall require a public hearing as follows: (1) If the Cv.:~ ditional Use Permit involves an existing building the Director of Planning shall have t,qe authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Director of Planning may be appealed to the Planning Commission, pursuant to Section 17.03.090. (2) If the Conditional Use Permit involves a new building with less than 10,000 square feet, the Director of Planning shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Director of Planning may be appealed to the Planning Commission, pursuant to Section 17.03.090. (3) If the Conditional Use Permit involves a new building with 10,000 square feet or greater, the Planning Commission shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Planning Commissions may be appealed to the City Council, pursuant to Section 17.03.090." P:\DCAMEND3.PC2 8/21/97 sn 1 1 Section 8. Amend Chapter 17.24 to make the following Sections: A. Replace the current Mini-Storage Warehouse parking requirements in Table 17.24 (a) with the following: Self-Storage/Mini-Warehouse Facilities 1 space for every 200 storage units (a minimum of 2 spaces), and 2 covered parking spaces if a manager's residential unit is provided. B. Amend Section 17.24.050(a) by adding the following: "Motorcycle parking spaces shall have a minimum dimension of at least four (4) feet in width and seven (7) feet in length and shall be accessed by a drive aisle at least eight (8) feet in width." Section 9. Add the following Section to 17.080.50 Special Use Regulations: "(r) Self-Storage or Mini-Warehouse Facilities The following standards shall be applied to all new self-storage or mini-Warehouse facilities: (1) Development Standards: (a) The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. Co) In Commercial Zoning Districts the rear and side yard setbacks shall be a minimum of 10 feet. In Industrial Zoning Districts no rear or side yard setbacks are required. The Director may increase the setbacks to a maximum of 25 feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification. (c) The maximum lot coverage shall be 65 percent. (d) The development site shall provide a minimum of 10% landscaped open space. No interior landscaping is required, but the setback areas shall be landscaped. (e) A manager's residential unit may be provided, but is not required. (f) Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for recreational vehicles, boats, buses, and trailers, provided that the storage area is adequately screened from public view with enhanced landscaping, decorative wails, fences, or other methods as deemed P:\DCAMEND3.PC2 8121/97 sn 1 2 appropriate by the Director. (2) Performance and Use Regulations: (a) Any business activity, other than rental of storage units, including the on-site sale of merchandize, or garage sales, and transfer/storage businesses which utilize vehicles as part of the business are prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. (c) Truck or vehicle rental businesses are prohibited without first obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses." Section 10. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Section 11. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. P:\DCAMEND3.PC2 8/21/97 sn 1 3 1997. Section 12. PASSED, APPROVED, AND ADOPTED this day of Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97- . was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ~ day of , 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the __ day of , by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, City Clerk P:\DCAMEND3.PC2 8/21197 sn 1 4 ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES AUGUST 25, 1997 P:\NAASEHS\36PA97.CC 9/15/97 sn 13 INDEX CiTY OF TEMECULA PLANNING COMMISSION AUGUST 25, 1997 SUBJECT CALL TO ORDER ROLL CALL PUBLIC COMMENTS COMMISSION BUSINESS APPROVAL OF AGENDA DIRECTOR'S UPDATE PUB! !C HEARING ITEMS 4. 5. 6. PA NO. 96-0270 (DEVELOPMENT PLAN - REVISION) To relocate the north access driveway PA NO. 97-0036 (DEVELOPMENT CODE AMENDMENT) Approval of an amendment to the Development Code PA NO. 97-0127 (CONDITIONAL USE PERMIT) To construct and operate a self-storage facility PA NO. 97-0138 (DEVELOPMENT PLAN) To construct and operate an industrial warehouse and office building PA NO. 97-0129 & PA NO. 97-0224 (TENTATIVE PARCEL MAP AND VARIANCE) To allow an existing commercial center to be subdivided. PLANNING MANAGER'S REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT PAGE 2-3 3-5 5-8 8-9 9-11 11 11 11 12 Planning Commission August 25, 1997 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION AUGUST 25, 1997 CALL TO ORD!=R The City of Temecula Planning Commission convened in an adjourned regular session at 6:00 P.M., on Monday, August 25, 1997, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Commissioners Guerriero, Miller, Slaven, Soltysiak, and Chairwoman Fahey. Absent: None. Also Present: Planning Manager Ubnoske, Principal Engineer Parks, Senior Planner Hogan, Attorney Curley, and Minute Clerk Ballreich. PUBLIC COMMENTS None. COMMISSION BUSINESS 1. APPROVAL OF AGENDA MOTION: Commissioner Miller, seconded by Commissioner Slaven, moved for the approval of the Agenda as submitted. Voice vote reflected unanimous approval. 2. DIRECTOR'S HEARING UPDATE Received and filed. No additional information. 2 Planning Commission August 25, 1997 PUBLIC H1FARINGS = p! ANNIN~ APP! ICATION N~. PA96-0P70 (DI=V!=! OPMIFNT P! AN - RFVISION Planning Commission consideration to relocate the north access driveway southerly and to modify the design of both driveways to allow full movement at the south driveway and right-turn only on the north driveway. RECOMM!=NDATION To grant the Categorical Exemption for Planning Application No. PA 96-0270 and to adopt Resolution No. 97- approving the revision to Planning Application No. P^96-0270 based upon the Analysis and Findings contained in the staff report and subject to the Conditions of Approval. Reviewing the staff report (of record), Senior Planner Hogan advised that because of the proposed location of the Overland Drive extension and Margarita Road, a relocation of the northern driveway is being requested by the Public Works Department as well as a restriction to right-turn only in and out movements of the subject site. Principal Engineer Parks noted that minimal changes to the plan will address the above-mentioned issues, At this time, Chairwoman Fahey opened the public hearing. There being no public input, Commissioner Guerriero offered the following motion: MOTION: Commissioner Guerriero moved to close the public hearing and to grant the Categorical Exemption for Planning Application No. PA 96-0270 and to adopt Resolution No. 97- approving the revision to Planning Application No. PA96-0270 based upon the Analysis and Findings contained in the staff report and subject to the Conditions of Approval. The motion was seconded by Commissioner Slaven and voice vote reflected unanimous approval. PC RESO! UTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A REVISION TO PLANNING APPLICATION NO. PA96-0270 TO RELOCATE AND REDESIGN THE ACCESS DRIVEWAYS FOR THE SOLANA APARTMENTS, A 312-UNIT APARTMENT COMPLEX WITH RECREATION AMENITIES ON FOUR Planning Commission August 25, 1997 3 = DRAFT PARCELS CONTAINING 18.7 ACRES LOCATED AT THE NORTHEAST CORNER OF SOLANA WAY AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 92-090-023, -024, -025, AND -039 PLANNING APPLICATION NO. 97-0036 (DEVELOPMENT CODE AMENDMFNT) Planning Commission consideration of an amendment to the Development Code to revise the Approval Authority Table. RECOMMFNDATION To adopt PC Resolution No. 97- amending Chapter 17 of the Temecula Municipal Code to revise the Approval Authority Table. Associate Planner Naaseh reviewed the staff report (as per written material of record), noting the following: that the current parking standards for a self-storage facility is 1 space per 25 units plus two spaces for each caretaker; that the proposed amendment would modify the parking standards to 1 space per 200 units; that staff derived at the proposed standard by researching standards of other cities; that usually individuals park in front of each individual unit to load and unload; that because the new Development Code requires the filing of two applications (Development Plan and Conditional Use Permit ) and in order to expedite the approval process, staff is requesting that the Director be allowed to approve Conditional Use Permits for new buildings under 10,000 square feet; that there would be no additional cost to the applicant for filing two applications; that Director hearings are public hearings and that notification is within 300' of the subject site; that Planning Commission projects are notified 600' from the subject site At this time, Chairwoman Fahey invited public input to which there was no response. 4 Planning Commission August 25, 1997 Commissioner Slaven voiced no objection to the Director approving Conditional Use Permits for new buildings under 10,000 square feet as long as the notification requirement is expanded to 600' instead of 300'. Although voicing no objection, Planning Manager Ubnoske advised that the Development Code reflects a notification requirement for Director Hearings at 300'. It was noted that if it were the consensus of the Commission to extend this requirement to 600', Section 17.03.040 of the Development Code will have to be amended. Commissioner Miller relayed concern with regard to the proposed parking standard (1 space per 200 units) and recommended that a minimum of four parking spaces be provided (3 regular parking spaces and 1 handicapped parking space). Because the requirement of 20% landscaping of open space would economically prohibit the construction of storage facilities, Senior Planner Hogan advised that this percentage was reduced to10%. In response to Commissioner Miller's comments, discussion ensued with regard to the flexibility of the 10% requirement in the industrial zone where, for instance, a particular site may not have a rear setback and, therefore, in order to meet the 10% requirement, may provide landscaping in locations where not appropriate just to meet the requirement. It was the consensus of the Planning Commission that the applicant be required to landscape setbacks. Referencing Agenda Item No. 5 (construction of a self-storage facility),Commissioner Miller noted that the proposed 10' rear setback would be creating a no man's land; therefore, he suggested that the 10' rear setback be eliminated by moving the project further back and increasing the front setback to 20'. MOTION: Commissioner Miller moved to close the public hearing and to approve PC Resolution No. 97- as amended. PC RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION FOR THE CI'FY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL ZONING 5 Planning Commission August 25, 1997 DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTORCYCLE PARKING SPACE DIMENSIONS AND STANDARDS, ESTABLISH SELF-STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLASSIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION NO. PA97-0036). Amend O O that the notification requirement for Conditional Use Permits be extended to 600'; that the parking standard for self-storage/mini-warehouse standards be amended to a minimum of four spaces (3 regular parking spaces and one handicapped space); that all setbacks be landscaped. The motion was seconded by Commissioner Slaven and voice vote reflected unanimous approval. PLANNING APPLICATION NO. PA97-0127 (CONDITIONAL USE PERMIT) Planning Commission consideration to construct and operate an 85,487 square foot self-storage facility (580 units) including an office and manageCs residential unit on a 3.26 acre site for Temecula Self Storage. RECOMMENDATION To adopt a Negative Declaration for Planning Application No. PA97-0127; to adopt the Mitigation Monitoring Program for Planning Application No. PA97-0127; and to adopt Resolution No. 97- recommending approval of Planning Application No. PA97-0127 based upon the Analysis and Findings contained in the staff report and subject to the Conditions of Approval. Senior Planner Hogan reviewed the staff report (of record), advising that those amendments approved in Agenda Item No. 4 (Development Code Amendment) are reflected in the staff report, including the 10' landscaped setback; that the proposed Planning Commission August 25, 1997 6 use would be an appropriate use for this particular area; that the subject use would provide some additional screening to the residential units (to the rear) from other future commercial activities on Ynez Road; that the subject building will not block the residents current mountain view; that approximately 12% of landscaping has been proposed; and that lot coverage will be within approved standards (60%). Planner Hogan advised that staff had received four letters of opposition to the proposed use from the neighboring auto dealers, noting their concern relative to the approval of non-automotive use. He noted that auto dealers are of the opinion that the entire Ynez Road Corridor should be automobile-oriented developments. Having reviewed the auto dealers' request, Planner Hogan stated that staff was of the opinion that the proposed use would be a better transitional use to the neighboring residential units and noted that the approval of the proposed use would have no future impact on a continuation of automobile-oriented businesses along the Ynez Road Corridor. Providing additional information with regard to the proposed project, Planner Hogan noted the following: that there is an existing Preschool located to the north of the subject site; that the site of discussion has already been graded; that the existing private road is approximately 400' from Ynez Road; that an application has been submitted for the operation of a restaurant to the northwest of the subject site; that the General Plan does no designate any specific area for auto sales only; that efforts will be undertaken to ensure proposed landscaping will be compatible with the existing landscaping at the Preschool. At this time, Chairwoman Fahey opened the public hearing. By way of handouts, Mr. Ken Honig, applicant, 123 E. Bay Front, Balboa Island; Mr. Ariel Valli, 19700 Fairchild, #200, Irvine, architect representing the applicant; and Mr. Randy Fleming, 43500 Ridge Park Drive, #202, Temecula, reviewed the proposed project, highlighting the following: that a facility such as the proposed is needed in the community; that because of accessibility, the proposed location is ideal for the proposed use; that the project will be low in profile and will be a quiet use; that the maximum amount of traffic generated will be 6 to 9 vehicle trips on a Saturday and Sunday mornings; that adequate screening will be provided; that by way of design and actual maintenance, the 10' rear setback will be maintained to ensure appropriate aesthetic appearance; that although not visible to the public, some landscaping would be necessary in the rear setback to ensure proper root structure; that this 10' rear setback (no man's land) is not desirous but is being constructed as the request of the City; that the proposed landscaping plan is strictly 7 Planning Commission August 25, 1997 conceptual; that each unit has an alarm; that the alarm, during business hours, will only be activated in the office with no audible sound and that after hours, the alarm, if activated, would be audible for approximately 30 seconds outside of the building; and that all lighting will be directed down and not visible off site. Chairwoman Fahey clarified that because of the previously taken action with regard to the Development Code (Agenda Item No. 4), moving the structure 10' further back, eliminating the 10' rear setback, would not be a feasible alternative at this point. It was noted by staff that if it were determined that the amended Development Code standards were not effective for one or any site, the Code could again be amended and/or a variance may be requested. Staff clarified that the Development Code requires a 25' setback when a commercial use abuts a residential use (such as proposed) but that this setback requirement was amended to 10' in the previous action (Agenda Item No. 4), noting that the Director would have the flexibility between the minimum of 10' and the maximum of 25'. It was staff's opinion that a 10' setback would be adequate for the proposed use. To ensure building joints are properly covered, especially on the front wall of the building, Commissioner Miller suggested the imposition of a Condition requiring the applicant to plaster the front wall if joints were not properly coated. The applicant voiced no objection to such a condition. Commissioner Miller, echoed by Commissioner Soltysiak, encouraged the Building Department to address the effectiveness of proposed drainage at the rear of the subject site. Commissioner Miller as well expressed concern with regard to there being no deterrent preventing children from jumping onto the roof at the rear of the subject site. Mr. Valli apprised the Commissioners of the existing 6' wall behind the proposed facility; noted that an additional wall would be constructed behind the facility; and advised that undesirable plantings (thorn bushes, etc.) would be planted in the rear setback to eliminate any undesirable element. Mr. Honig noted that on the north and south sides of the facility, wrought iron fence would be constructed. For Commissioner Miller, it was noted by staff that wall caps on the roof were provided for accent purposes. MOTION: Commissioner Miller moved to close the public hearing and to approve staff recommendation with the addition of one condition, as follows: 8 Planning Commission August 25, 1997 Add 0 that if the coating material used on the exterior surface of the front wall fails to properly eliminate the visibility of joints, the applicant be required to plaster the front wall. The motion was seconded by Commissioner Slaven and voice vote reflected unanimous approval. Although he supported the motion, Commissioner Guerriero noted concern with the imposition of such a condition, noting that, in his opinion, the Commission would have to place such a condition of all future projects. At 7:37 P.M., Chairwoman Fahey called a short recess and reconvened the meeting at 7:45 P.M. PLANNING APP! ICATION NO. PA97-0138 (DEV~=LOPM!=NT PLAN) Planning Commission consideration to construct and operate a 18,160 square foot industrial warehouse and office building. RECOMMENDATION To adopt the Negative Declaration for Planning Application No. PA97-0138; to adopt the Mitigation Monitoring Program for Planning Application No. PA97-0138; and to adopt PC Resolution No. PA97- recommending approval of Planning Application No. PA97-0138 based upon the Analysis and Findings contained in the staff report and subject to the Conditions of Approval. Senior Planner Hogan provided the staff report (as per written material of record), advising that the proposed architectural enhancements will be set away several feet from the building; that these enhancements are made of concrete; and that they will be attached to the building. Mr. Russell Rumansoff, architect representing the applicant, noted that the architectural enhancements were proposed in order to define the entryway of the building; confirmed that the enhancement extends out from the buildings; that they are attached to the building; advised that at the entryway, the roof extends over to 9 Planning Commission August 25, 1997 the enhancement, providing coverage; and briefly reviewed the color board as well as the landscaping plan. In response to Commissioner Soltysiak's noted concern with regard to the grading plan, Principal Engineer Parks ensured that these issues would be properly addressed in the Precise Grading Plan. Chairwoman Fahey, echoed by her fellow Commissioners, commented on the difficulty of understand the submitted plans. Concurring with Chairwoman Fahey's comment, Commissioner Slaven stated that any future applications with similar difficulties will be tabled until complete. MOTION: Commissioner Slaven moved to close the public hearing and to approve with the staff recommendation. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. PLANNING APPLICATION NO. PA97-0224 (TENTATIVE PARCEL MAP) Planning Commissioner consideration to allow an existing commercial center of 4.59 acres to be subdivided into four lots, and a Variance request to allow two of the parcels to be smaller than the minimum lot size requirement of 30,000 square feet. RECOMMENDATION To adopt the Negative Declaration for Planning Application No. PA97-0129 and No. 97-0224; to adopt a PC Resolution No. 97- Approving Planning Application No. 97-0129 and No. 97-0224 based upon the Analysis and Findings contained in the staff report and subject to the Conditions of Approval. RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE Cl'rY OF TEMECULA APPROVING PLANNING APPLICATIONNO. 97-0129 FOR A FOUR LOT TENTATIVE PARCEL MAP OF AN EXISTING COMMERCIAL CENTER AND PLANNING APPLICATION NO. 97-0224 FOR A VARIANCE REQUEST TO ALLOW TWO OF THE PROPOSED PARCELS TO BE SMALLER THAN THE MINIMUM LOT SIZE REQUIREMENT OF 30,000 SQUARE FEET, LOCATED ON RANCHO CALIFORNIA ROAD Planning Commission August 25, 1997 10 BETWEEN LYNDIE LANE AND MORAGA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921-310-019. Commissioner Miller noted that he would be abstaining with regard to this request. Senior Planner Hogan reviewed the staff report (of record), advising that proposed Condition No. 15a should read as follows: The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: The Developer shall install or provide a cash deposit for half-width raised landscaped median on Ranch California Road (Arterial Highway Standards - 110' R/W) from Moraga Road to Lyndie Lane. Plans shall be reviewed and approved by the Department of Public Works. A left turn in movement from Rancho California Road to the existing driveway will be allowed upon construction of the raised median. A left turn out movement onto Rancho California Road will not be allowed with the installation of the raised median. Senior Planner Hogan advised that the original plans reflected a Speedy Lube for the undeveloped parcel but noted that currently no such application has been submitted; that the requested variance is for the lot size; and that parking requirements are met by way of reciprocal parking agreements throughout the site. Principal Engineer Parks, for Commissioner Soltysiak, advised that until the raised medians are constructed, no left-turn in and out movements will be restricted. For Commissioner Guerriero, Engineer Parks noted that because Lyndie Lane is a T- intersection at Rancho California Road, a signal is provided, making it safer to complete left-turn movements. Mr. Parks also advised that Lyndie Lane could handle the additional traffic potentially generated as a result of this approval. Mr. Larry Markham, representing the applicant, requested that the following verbiage be added to the end of Condition Nos. 15a and 15b: "...will not be allowed with the installation of the raised median as determined by the Director of Public Works." Planning Manager Ubnoske requested that Mr. Markham's recommended verbiage be further amended to also include the Director of Community Developments. No objection was noted by the Commissioners. Because of limited space and because of associated cost, Mr. Markham suggested the use of cobble stone instead of actual landscaping in the median. 11 Planning Commission August 25, 1997 Chairwoman Fahey, proposed conditions improvements. echoed by her fellow Commissioners, advised that the of approval will assist with accomplishing very needed MOTION: Commissioner Slaven moved to close the public hearing and to approve staff recommendation as amended. Add O that the verbiage Directors of Public Works and Community Developments be added to the end of Condition Nos. 15a and 15b. The motion was seconded by Commissioner Soltysiak and voice vote reflected unanimous approval with the exception of Commissioner Miller who abstained. PLANNING MANAG!=R'S REPORT Planning Manager Ubnoske informed the Commissioners that Mr. Knute Noland has been hired as the City's Development Processing Coordinator. She also advised that a Fire Marshal, as a contract position, has been hired. PLANNING COMMISSION DISCUSSION Commissioner Slaven requested that staff investigate those parking lots which have been newly slurry sealed to ensure that the required handicapped parking spaces are appropriately restriped and signs are reposted. Commissioner Slaven requested that once the Development Code Amendments are completed and appropriate corrections have been made, she be given a hard bound copy. For clarity purposes, Commissioner Miller requested that any future amendments to the Code be clearly spelled out (currently existing and proposed). Commissioner Miller apprised staff that the trash enclosures, located behind the theaters, are not being appropriately used. In response to Commissioner Guerriero's request to provide larger sample boards to the Commission, Planning Ubnoske apprised the Commissioners of changes that will have to be made to the City's filing requirements and that once these changes have been made, the Commission could expect to see larger sample boards within 12 Planning Commission August 25, 1997 the next two to three months. In closing, Commissioner Guerriero requested that staff provide information with regard to the different types of texture coatings used in the industry in an effort to keep the Commissioners apprised. ADJOURNM;NT At 8:40 P.M., Chairwoman Fahey formally adjourned the Planning Commission meeting to Monday, September 8, 1997, at 6:00 P.M. {Because of the Labor Day Holiday, the September 1, 1997, Planning Commission meeting was canceled and rescheduled to September 8, 1997). Linda Fahey, Chairwoman Planning Manager Ubnoske 13 Planning Commission August 25, 1997 ITEM 22 APPROVAL /~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager September 23, 1997 Abandonment Regarding Remainder, First Street Realignment and Extension Project, Gabriel Property Located at First and Front Streets PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: The staff recommends the City Council: 1. Review the evidence and any other evidence presented to Council at the hearing on this Resolution. If the City Council finds, that the evidence warrants the City abandoning that portion of the pending eminent domain proceeding to acquire certain portions of the Gabriel property which were previously identified as "uneconomic remnants" and which have now been determined by the City's appraiser to have market value, adopt Resolution No. 97-(next in order) authorizing and directing the City Attorney to take all steps necessary to abandon that portion of the pending condemnation action pertaining to the remainder properties. RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THE THE PORTION OF THE PENDING CONDEMNATION ACTION, CITY OF TEMECULA V. GABRIEL, ET AL., RCSC CASE NO. 290954, SEEKING TO CONDEMN CERTAIN PARTS OF THE GABRIEL PROPERTY AS "UNECONOMIC REMNANTS" SHOULD BE ABANDONED" 2. Authorize the City Attorney to take all steps necessary to implement Resolution. Note: This Resolution requires a four-fifths (4/5) vote of the City Council. R:Agenda. Rpt~Gabriel #1 Agenda Report - First St. Realignment - Gabriel Property September 23, 1997 Page 2. BACKGROUND: On December 3, 1996, the City Council passed, approved, and adopted Resolution 96-143, a Resolution of Necessity ("original resolution") finding and determining that the public interest and necessity require the acquisition of certain real property (known as the Gabriel property - APN 922-010-018) for public purposes, the First Street Realignment and Extension Project ("Project"). The original resolution was amended on February 11, 1997, to include an enabling statute for the exercise of the power of excess condemnation ("amended resolution") . The exercise of this power was determined by the City Council to be appropriate at the time it set "just compensation" for the preacquisition offer, based on an appraisal by the City's preacquisition appraiser. That appraisal set forth the opinion that the Project would require a portion of the property to be taken for the new right of way, and leave a southern and a northern remainder which would have little or no market value after the "taking". A remainder with little or no market value is an "uneconomic remnant". A City may exercise excess condemnation to acquire such a remnant for its fair market before the "taking", to avoid leaving the property owner with property of little or no value. At the time Staff extended the preacquistion offer to the property owner to acquire the property and began negotiations, it was the understanding of Staff based on conversations with the property owner, that the owner wanted the City to acquire those portions of the property left after the "taking" for the Project. Based on the evidence at the hearings on the resolution and the amended resolution, Council found that the public interest and necessity require the Project, and that the Project is planned or located in a manner that will be most compatible with the greatest public good and least private injury, that the property is necessary for the property, that the offer required by the Government Code had been made to the owner, and that based on the preacquisition appraisal, the City should acquire the remainder properties through excess condemnation. The staff reports in connection with the original resolution and the amended resolution, all documents cited therein, and the proceedings thereon, are incorporated in this staff report by this reference. At the hearings, the property owner objected to the acquisition of the remainder properties. Subsequently, the owner also opposed the order for possession on the grounds that the City was not reasonably likely to prevail on the issue of whether the southern remainder had market value after the "taking." The Court stayed the order for possession, finding that the owner had shown there was a reasonable probability the City would not prevail on that issue. As a result of the owner's objection to the "taking" of the remainder property and the Court's ruling thereon, the City obtained a second appraisal in connection with the acquisition. Based on the second appraisal, the Council set "just compensation" for the "taking" of the portion of the property required for the Project, a slope required in connection with the right of way, and a temporary construction easement for the Project, and made a new offer to the property owner for the acquisition of these property interests. This offer excludes the R:Agenda. Rpt\Gabri¢l #1 Agenda Report - First St. Alignment September 23, 1997 Page 3. remainders which were found in the second appraisal to have fair market value after the "taking." The property owner has not accepted the new offer. The second appraisal documents a review of the all applicable City documents, including but not limited to the City's General Plan, Old Towne Specific Plan, the zoning code, other applicable sections of the Municipal Code related to use and development of property, a study of the official mapping in the area, all relevant title documents, and a study of limitations on use of the property due to physical conditions such as the flood plain. Additionally, the City Attorney and his staff have met with the appraiser, reviewed the documentation, and consulted with various staff members who have information related to the Project. All relevant information has been presented to Council in closed session in connection with setting "just compensation." The appraisal itself will be made available to the owner through the appropriate exchange procedures if and when the appraiser is designated as an expert witness in the matter. The second appraisal arrives at the valuation conclusion that the northern and southern portions of the property that remain after the "taking" have market value. Additionally, the position the owner has taken in the pending lawsuit express the owner's desire to retain at least the southern remainder. Staff therefore requests that Council make a determination to abandon that portion of the pending lawsuit that pertains to the remainders previously sought to be acquired pursuant to the City's power of excess condemnation. The legal descriptions for those remainders and plats depicting them are attached to proposed Resolution 97- as Exhibits 1 and 2 thereto. Such a determination is consistent with Council's conclusions in connection with setting just compensation on the valuation opinions set forth in the second appraisal. Staff further requests that Council direct the City Attorney to take all steps necessary to implement Resolution No. 97- FISCAL IMPACT: The funds presently allocated in connection with this acquisition are on deposit in court and are sufficient for the amount of probable compensation determined in connection with the second appraisal and for any fees or costs of the owner resulting from the decision to abandon, as authorized by the Eminent Domain Code. R:Agenda. RpfiGabriel #1 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THAT A PORTION OF THE PENDING CONDEMNATION ACTION, CITY OF TEMECULA V. GABRIEL, ET AL., RCSC CASE NO. 290954, SEEKING TO CONDEMN CERTAIN PARTS OF THE GABRIEL PROPERTY AS "UNECONOMIC REMNANTS" SHOULD BE ABANDONED THAT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a general law city in the County of Riverside, State of California. Section 2. On December 3rd, 1996, the City Council of the City of Temecula passed, approved and adopted Resolution No. 96-143. On February 11, 1997, the City Council passed, approved, adopted Resolution No. 97-15 amending Resolution No. 96-143. Section 3. Resolution No. 96-143 is a resolution of the City Council of the City of Temecula finding and determining that the public interest and necessity require the acquisition of certain real property (known as the Gabriel Property - APN 922-010-018) for public purposes (First Street Extension and Realignment). Section 4. In connection with preparing the appraisal for the offer to the property owner pursuant to Government Code Section 7267.2, the City's preacquisition appraiser determined that acquisition of the portion of the larger parcel required for the project will leave two remainders that he formed the opinion would be remnants as defined in California Code of Civil Procedure Section 1240.410 because they would be of such size, shape, or condition to be of little or no economic value to the property owner. Staff also believed that the owner desired the City to acquire these portions of the property. Accordingly, the City offered to purchase the entire parcel, comprised of the portion required for the project and the "uneconomic remnants," for the fair market value of the entire parcel. Resolution No. 96-143 also provides for acquisition of the entire parcel. Section 2 of Resolution No. 96-143 recites the statutes authorizing the exercise of eminent domain by the City for the subject acquisition. Code of Civil Procedure Section 1240.410, the enabling statute for acquisition of a remnant, was inadvertently omitted from Section 2 of Resolution No. 96-143. Resolution No. 97-15 amended Resolution No. 96-163 to recite Code of Civil Procedure Section 1240.410. Section 5. The City Attorney duly filed the condemnation action (Case No. 290954) to acquire the Gabriel property as directed by Resolution No. 96-143. Subsequently, the property owner objected to the City's right to take the remainder properties as uneconomic remnants and moved the Court for a stay on the order for possession. The Court stayed the order for possession, finding that the property owner had shown a reasonable probability that he would prevail on his right to take challenge regarding the southern remainder. As a result of the above, the City caused a second appraisal to be prepared by a different appraiser, reviewed and approved R:~agenda.rpt\gabrie14 the valuation opinions of fair market value as set forth in the second appraisal, and set just compensation thereon. In accordance with the second appraisal, the City Council has determined that the remainders are not uneconomic renmants because they will have economic value to the owner after the "taking." Section 6. The remainder portions of the Gabriel property determined by the City's appraiser and the City Council to have market value in the after condition are located in the City of Temecula, are parts of APN No. 922-010-018, and are more particularly described in Exhibits 1 and 2 to this Resolution, which are incorporated in this Resolution by this reference. Section 7. and determines, that: Accordingly, the City Council of the City of Temecula hereby finds (a) The portions of the Gabriel property described in Exhibits 1 and 2 ("remainders") hereto should not be acquired pursuant to the City's power of excess condemnation because they will have market value in the after condition; (b) That portion of the pending condemnation action seeking to condemn the remainders should therefore be abandoned by the City. Section 8. The City of Temecula hereby authorizes and directs the law firm of Richards, Watson & Gershon, as City Attorney, to take all steps necessary to abandon the pending action as to the remainders. Section 9. The City Clerk shall certify the adoption of this Resolution. Section 10. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting September 23, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE, City Clerk R:\agenda.rpt\gabrie14 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, JUNE S. GREEK, City Clerk of City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of September, 1997, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC, City Clerk R:\agenda.rpt\gabrie13 _ 3 _ SEP-12-97 FRI 9:05 AM RW&G ORANGE COUNTY FAX NO. 714 990 6230 P. 2 May 21. P~,l~ 1 o1'1 IN THE STATE OF CAUFORMA. C~INTY OF RIVEREJDF. CITY OF 'r~cuI.A, 'tHAT PORTION OF PARCEL 1. A~ ~14OthIN ON PARCEL MAP 7674 FIIJED IN ~:X)K ~6, pAP.~8 ~0 AND $1 OF p,I~RCEL MAPS, RF. GORD$ I~'~l~il I:~ k3 AT A POINT ON THE .~xrI'HWE~;I'ERLY UNE OI; ~D pARCEL 1. D~q'ANT THEREON ~ SHOWN ON ~,ND PARCEL MN"', NORTH 44't026" EAgT _~.~'~ FEET TO THE BEGiNMNG OF A CURVE CONCAVE ~,OUTHEASTEI~LY N4D HAVII~ A RADJU~ OF 42t.~0 FEET; THEHCE ~y ALONG 8ND CURVE 171.M FEET THROUGH A CENTRAL ANGLE OF 24'20'4/' 'l'O I'HE BP-GINNING OF A C;OMPOUF~ (:~RV~ HAVING A RADRJ8 OF ~;0~00 FEETS, THF. NCE ~¥ ALONG GAJO ~ CURV~ 10.~ THROUGH A CEHTR, AL ~ OF 10'2"F38'; 'rHENP.,E NORTH 79°18'52' ~ !6]'.56 FEET 1'O THE N(~n'~k~ER~.Y LINE OF 6,tJD PARCEL 1, · NORTH 44'31r2~ ~ PER l:~ ~74 ~)5~ Vtn~ Way Tem~::t~, CA ;2591 J,M ~2-0~4X $EP-[2-97 FRI 9:06 AM RW&G ORANGE COUNTY FAX NO. 714 990 6230 P. 3 EXHIBIT "H" $E?-12-97 FRI 9:06 AM lW&§ Ot^NGE COUNTYFAX NO. 714 990 6230 Igz:iu~lC 2 ~ OF BF. AR~IGS: Irl~D ~JI~/~'Y BA~B) O~1Fi~T gTREET WEgT 0F FRONT IITRF. ET I~,IJ~lNg NORTH 44~302~ ~ P~R PM 7674 $EP-12-97 FRI 9'07 AM RW&G ORANGE CO~?Y FAX NO. 714 990 6230 P. 5 COURSE TABLES "'--,.. ~ .~_.. 4~.~~ o. e6"'~2~' C4 : 327.~' 35.~' ~'~2 L ' OiREC~ OiST~ ~ ~4 s ~'~'~ w "3~.~?~ N ~'~r26"-E 74.28~ i ~ PAR~FL ARIA ..... '~/'--~ I ~ _~ .. ' ~/ ~ ~ ' / ~n ~ I ~ ~ --'~-' '~'-'~1 ;. - ,, ~- ~ -~ ..... i O~ER~ R~ G. ~EL AND ~; ~' . ! ~YN F ~RIEL ' ~ · ' , ._ . -, '~- ~ ..... -- .' ........... '~'~""~ ............................% .................~ ........................~ ..................................~:~.l .....................~.....~ .............. ~, ,, ? ITEM 23 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager September 23, 1997 Proposed Resolution of Necessity for Slope Easement and Temporary Construction Easement, First Street Realignment and Extension Project, Gabriel Property PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: The Staff recommends that if the City Council has adopted Resolution No. 97-(next in order), the Council further: 1. Open a hearing on the adoption of the proposed Resolution of Necessity, Resolution No. 97-(next in order), receive from staff the evidence stated and referred to herein, take testimony from the property owner or the owner's representative on issues A, B, C, D as set forth below, and consider all the evidence. 2. If the City Council finds, based the evidence contained in this staff report, the testimony and comments received during the planning and review process, all other evidence presented at the hearing or referred to herein, that the evidence warrants the necessary findings, Staff recommends that the City Council adopt the proposed Resolution of Necessity and authorize and direct the City Attorney to take all steps necessary to amend the pending eminent domain proceeding or take whatever other steps are necessary to acquire the subject property interests as provided in the Eminent Domain Code: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION) Note: This Resolution requires a four-fifths (4/5) vote of the City Council R:\agenda.rpt\gabrie12 Agenda Report - Gabriel Property September 23, 1997 Page 2. BACKGROUND: The Legislative History related to the adoption and amendment of the Resolution of Necessity pertaining to the property located at the corner of First and Front Streets, known as the Gabriel property, APN No. 922-010-018 is summarized extensively, together with the related Court proceedings, in the Staff Report for Resolution No. 97- That Staff Report, and all official actions, proceedings and documents referred to therein, are incorporated in this Staff report by this reference. As set forth in Resolution No. 97- , the City Council has determined that the portion of the pending condemnation action pertaining to the remainders previously sought to be acquired pursuant to the City's power of excess condemnation should be abandoned. Upon such abandonment, without further action, the pending lawsuit will seek to acquire only the portion of the Gabriel property required for the new right of way. However, the legislative decision to abandon makes it necessary for the Council to consider adoption of the proposed Resolution of Necessity pertaining to a slope easement and a temporary construction easement. Because the City originally anticipated taking possession of and acquiring the entire Gabriel property, it was not necessary to consider whether separate property interests, such as a slope easement or construction easement, would be required for the use and construction of the new right of way. Staff has determined however that in addition to the portion of the property required in fee for the new right of way, a slope easement will be necessary because of the grade of the Project. Also, a temporary construction easement for a period not to exceed a year from the date of possession will be required to enable the construction of the new right of way to take place. The legal descriptions and a plat map for the slope easement and temporary construction easement are attached to this Staff Report as Exhibits 1 and 2 thereto and incorporated by this reference, and are attached to the proposed Resolution of Necessity as Exhibits 1 and 2 thereto. To adopt the proposed Resolution, the City must find and determine each of the following with respect to each of these property interests (slope easement and temporary construction easement): A. The public interest and necessity require the project; The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The property is necessary for the proposed project; and The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. R:\agenda.rpt\gabrie12 Agenda Report - Gabriel Property September 23, 1997 Page 3. A.& B.: The City Council has previously considered factors A and B above in connection with Resolution No. 96-143 and found thereon that the public interest and necessity require the Project, and that the Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. All the evidence considered by Council in connection with the adoption of Resolution No. 96-143 is incorporated in this staff report by this reference. C. The Subject Property Interests are Necessary for the Project In order to extend and realign First Street as proposed for the Project, the new right of way will traverse the Gabriel property. Due to topographic considerations, a slope easement on the southern portion of the new right of way is necessary for safety, maintenance, repair, and other public safety reasons. This property interest is proposed to be acquired as an easement to leave the property owner some limited use of the property to meet any applicable City development requirements, such as landscaping requirements. In order to construct the new right of way across the Gabriel property, it will be necessary for the construction crew to work from, place equipment upon, and have access to an area south of the new right of way, for construction purposes. Construction is anticipated to be completed not more than a year after the date of possession. D. The Offer Required by Government Code Section 7267.2 Has Been Made to the Owner of Record The offer to purchase the slope easement and temporary construction easement was sent to counsel for the owner of record, as requested by the owner. The offer letter is on file in the City Attorneys' Office and is incorporated here by this reference. The offer has not resulted in a negotiated agreement of sale. FISCAL IMPACT: Adequate funds for the acquisition of the proposed subject property interests are already on deposit in court in the pending action. R: \agendarag t\gab rie12 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES (FIRST STREET EXTENSION AND REALIGNMENT) THAT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a general law city in the County of Riverside, State of California. Section 2. The property hereinafter described is to be taken for a public use, namely for public street purposes and all purposes necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by Government Code Sections 37350.5, 37351, 40401, and 40404 and Code of Civil Procedure Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and other provisions of law. Section 3. The property sought to be taken is located in the City of Temecula, County of Riverside, State of California, and is more particularly described in Exhibits 1 and 2 to this Resolution, which are incorporated herein by this reference. Section 4. determines that: The City Council of the City of Temecula hereby finds and (a) The acquisition of the above-described property interests are required for the First Street Extension and Realignment Project ("project"); (b) The project includes the acquisition of the above-described property interests for the purposes of the California Environmental Quality Act CCEQA") and the National Environmental Protection Act CNEPA"). The project is included within an environmental impact report which was certified by the City of Temecula City Council on June 13, 1995. The environmental document was reviewed by the City on March 26, 1996 and again on November 21, 1996 and it was found that no changes in the project or new information had occurred since the certification of the Environmental Impact Report which would require further environmental analysis. Section 5. determines that: The City Council of the City of Temecula hereby finds and (a) The public interest and necessity require the proposed project; R:\agenda.rptSgabrie13 (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The property interests hereinabove described are necessary for the proposed project; (d) The offer required by Section 7267.2 of the Government Code has been made to the owners of record. Section 6. The City of Temecula hereby authorizes and directs the law f'u'm of Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence or amend legal proceedings, in a court of competent jurisdiction to acquire the property interests hereinabove described by eminent domain. Section 7. The City Clerk shall certify the adoption of this Resolution. Section 8. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED and ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 23rd day of September, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE, City Clerk R:\agenda.rpt\gabrie13 _ ~. _ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, JUNE S. GREEK, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of September, 1997, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE, City Clerk R:\agenda,rpt\gabrie14 $EP-12-97 FRI 9:00 AM RW&G ORANGE COUNTY FAX NO. 714 990 6230 P. 2 ~RY CONSTftUCT1ON F..ASEMENT IN 'I14E :STATE OF GALF(biVaA. ~ C~ I~E.K'SI~ ~TY OF ~ A STRIP OF LAND 40 r-Ge'r WIDE TMTHIN PARCEL 1 OF IIARC. GL IdAP 7674 FILED IN BOOK 18. pAGES SOAHD 61 OF PARC::EL. MAPS, I~C:OittH OF GAID ~C)LI!4TY.'TI,,IE ICXJ'TTEA.SI~Y AHD 8OUTHKY 1.1~ Gilt KH~; DG8ORJPL~ A8 8HO4M4 ON SAg) PAII~.EL ~. NC)RTH 44'34y2r ~ 5,M I~'T TO Tte B~OINNING ~ A OURVE ~VE ~OUTHEA81~Y AHD HAVING A RADIL~ OF 4~1.00 FEET; THGNCE ~'rgg~y ALONO &add OW:L, VE 17~.~ FEET ~ A CENTRAL AHOLE OF ~4'2Cr47" TO THE EIEOINNII~ OF A OOMPOUND ~ HAVI~ A RADIUS OF ~0.00 FEET; ~ I~TERt.Y AL.01~ ~D ~ CURVI~ 10.~ THROtJOH A OF,,J~TI~ ANOLE OF 114ENCG I~X~H Tg~IS'G~'" EA~'I' 187,q8 PEET TO THE ~Y LI~ OP &idD pAROFJ,, I. 1H~ ~YAND V.~ L I p. KLY FJ4~ OF &ldD ~/11~P ARE EXP~ OR CONTRAOTED 80 A~ TO ~ IMTH THG EASTERLY AHD tNESTE~Y LI4EG OF GidD PARCEL 1. EXCiPT ~ ~HAT ~'O~nC:l LYING )40Wi%EA~LY OF THE F04.LOVW~ i:~.SORJBED lINE: BE(?,N~I~ AT A ~ ON THAT ~ IN TI.~ ~Y LINE ~F GAID PARCEL 1 GHOWN A8 ~ 15'41'~1' WEST 134125% I:Nb'I'ANT THP.~ON 110.40 ~ FROM THE NORTHERLY TERMINU~ OF &MD ~ N0~TH 58'11~14" VqJ~S'I' 33.71 FEET TO THE ~Y UI~E OF ~ GI'RIP. A 141dl ~1.~ 'EDllri, D' I~ ATTACHI~ HERB~ AICD UIDE A PART HIERJEOF BY TI-I~ RG--~K£ EAST PIER PM ?e?4 Temecu~, C,~ ~2S9t J.N. D2.4G/4X SEP-12-97 FRI 9:01 AM RW&G ORANGE COUNTY FAI NO. 714 990 6290 P. 9 EXHIBIT "D" tll 11.3 River Street MAP 7874, M/SO-St SEP-12-97 FRI 9:01 AM RW&G OR^N~E COUNTY FAX NO. 714 990 6230 G~tvi4~ Ptroi~l¥ Alii 922.100-018 Augult B, lgg7 Plge 1 0~ 2 SLOPE EASEMENT PA/~F,,L .E IN THE 8TAYE OF ~IFORIIIA, CX)UNI'Y' OF RNER~DE, CiTY OF TEMECUI~ YHAT I~RTION OF P,,~TCEL 1 ~ ~IHO1Mq CH~ PAJ~CIEL ~ 7674 FLIED ff, l BOOK B~. PAGES S0 AND S1 Of'~ PAJ;iCEI. BEOINNINO AT THE Idc)~r WEGTERLY I~)RNER OF GAff) PAROK ~, GAID PO4NT KING ON THE ' CENTERLINE OF FIR~r GTREET A~ 8HOVliN ON SAID PARCEL MAY 7674; TItENCE ALONG GND CENTEi;ZI.JNE, NORTH 44'~JO'2r' EAST 173.~ FEET TO THE idC)B'T WESTERLY CORNER OF lOT B A8 ~HOWN ON 8ND PARC:F~ &~,P 7674. SAID POINT ALSO BEING THE BEO!4NIHG O1" A NON-'rANOEHT ~ CONCAVE NOR'It.ERLY AND ItKVI~G A KADIIJS OF S0.OO FEET, A RADIAL LIHE 1'O GAID I:N)INT BEAR8 ~ 44'30'2&' WEGT: ~ ALONQ THE 90UTHERLY AND EASTERLY UNES OF &ND LOT B, EAS~Y ALONG 8AJD 8OUTt-EK~TERLY AND HAV1NG A RADIUS OF 100.00 i=EET; BEGINNI4G OF A NON-TANGENT CURV~ CONCAVE IOUTHERLY AND HAVING A RADIU8 OF ~2?.OO. FEET, A RADIAL LINE TO JM, E) POINT BEAR~ NORTH 1~'46'40' WEST; ' 'TI-IEH~E NOIIfiFH 31'48'44" F__,ll~'~ 35.~ F'E~I' TO ~ NORTI'fI~B~RLY liNE OP' ~ POIHT BEII~ TI~ BE~ OFA GTAHG~NT CI, JI~E, CON~VE 8OUTHWE,. 8TI~L,¥ EAST; TI.IENCE ALON~ 'n-E EA~'~ rJ~Y UHES OF '&ND FKEi. 1, 8OUTI-E~Y ALONG 8AID G TAHCaGNT' CURVB 2~30 FEEl' THROOGH A CENTRAL AH(Z.F. OF 11'F. NCE 8OU1'H 1S*4121',EAb'T 110.40 FEET;, THENCE,LEAVINCI THE LINE8 OF 8NC) PARCEL 1, NORTH 51'11'14' WEGT 33.78 ~ TO THE TRU~ ~ OF THEI~E SOUTH 71'44'S7' 1M~T 1~.,76 FEF. T; TI. ENCE SOUTH 6t'tr/'47" I~GT 7'1 ..5?' FEET; YI..IENCE NORTH 28'41'4~' IF~GT 2~'.5,1 FEET RAD4ALLY 1'O A G'URVE C~ON~V~ BOUTHERLY AND !lAVINO A RADI~ OF 461.00 FEIrT'; SEP-12-97 FRI 9:02 AM RW&G ORANGE COUNTY FAX NO. 714 990 6230 P. 5 GiI~I I~otmrty APN 922-100-O18 P~ge Z o~ ~ ~ F..A~TF. RLY ALONG 8AID OURV~ ~0,?$ FEET TIaOUGH A CENTRAL. AN~;LE OF TO ~ I~OlNNING OF A ¢OMPOUf~ CURVE CONC,,~VE 80~LY ANO I-&A,VSNG A ~ ~Y J~ONG ~All) C. URV~ 18.~ Flgrr ~ A C~J,rrl~4L A.~ OF' 1~ TI-IF. Nr~ NC~TH ~18'~Z' F..AST 18t.17 FELeY TO ~ ~ ~ ~ ~ A I~ EN'ITrI.ED ~ I~ I~ AITA~HED HERE'tO AND ~il~Di A PART HEREOF ~Y 11-B IIASlg OF BEAJg, R,K~. F~tn ~URVb'Y il~iD Oft FIRST 8TREElI' RTr~"T OF FRONT R~ FIRST/1414E]qlCAN TITI~ GO. REPORT, ORDER 1~ 2034432, DATED JUNE 22, tgl~. m~.4~Ltt~ SEP-12-97 FRI 9:02 AM £W&G ORANGE COUNTY Ffi NO. 714 990 6230 P. 6 :COURSE TABLES ', '¢U. RYI~.,r kA'OIU$ ILENGmj DELTA" i ' ~'? '"'!':i'~,i~7~q'"~'~7~"! ~'~'5~'~TM ; c~L. ~ ~oo,~' ['" ~.~ [ · ~ ~ T~'i:-~:T~-o:~,', '~-~:. ~ ~. i-~--~.~,$~,.-~ - -~.O~i-;-- [W'~-~;'~'~'~--'~ ~~' ; uo-~-~'-'-'-~'¥~;.~-,~ - i ""Cfi-[.~'~i~; ~'~'~.t~~- 71.~7 ~i~-(~--~A¥'8'"~ '-~-iZ'~~-' EXHIBIT "K" ! i I I PARCEL MAP 7674, ~/50~51 i ITEM 24 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER ' ~,,~_ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Ordinance 97- Prima Facie Speed Limits on Certain Streets PREPARED BY: ~?Ali Moghadam, Associate Engineer - Capital Projects/Traffic RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1) PIO PICO ROAD BETWEEN DE PORTOLA ROAD AND MARGARITA ROAD 2) PREECE LANE WEST OF YNEZ ROAD 3) DEL RIO ROAD BETWEEN FRONT STREET AND VIA MONTEZUMA 4) WALCOTT CORRIDOR BETWEEN LA SERENA WAY AND NICOLAS ROAD BACKGROUND: The City received several requests to establish speed limits on Pio Pico Road, Preece Lane, Del Rio Road and Walcott Corridor in order to reduce vehicular speeding. Since these streets do not meet the requirements of the California Vehicle Code (CVC) for a prima facie 25 MPH speed limit on residential streets or business districts, engineering and traffic surveys were conducted to post appropriate speed limits on these roadways as shown on Exhibit "A". Section 40803 of the California Vehicle Code (CVC) states that in order to enforce posted speed limits using radar, an engineering and traffic survey must be conducted to establish a prima facie speed limit which is found most appropriate to facilitate a safe and orderly movement of traffic. An engineering and traffic survey as described in the CVC, is a survey of the prevailing speeds, accident records and roadway conditions not readily apparent to the drivers. The PublicfTraffic Safety Commission has reviewed the new engineering and traffic surveys and recommended that the City Council amend Section 10.28.010(d) of the Temecula Municipal Code to establish new speed limits as shown on Exhibit "A". r:\agdrpt\97\0923\spdlimit .ord/ajp FISCAL IMPACT: Adequate funds are available in Public Works Signs Account No. 001-164-602-5244 and Striping/Stenciling Account No. 001-164-602-5410. Attachments: 1. Exhibit "A" - Affected Roadway Segments 2. Ordinance 97- 3. Exhibit "B" - Location Maps r:\agdrpt\97 \0923~spdlimit.ord/ajp EXHIBIT "A" "Name of Street and Portion Affected Pio Pico Road between DePortola and Margarita Road Preece Lane west of Ynez Road Del Rio Road between Front Street and Via Montezuma Walcott Corridor (Walcott Lane, Calle Chapos, and Calle Girasol) between La Serena Way and Nicolas Road Declared Prima Facie Speed Limit, Miles Per Hour 30 * 30 * 35 * 30 * * First Time Speed Survey r:\agdrpt\97\0923~spdlimit.ord/ajp ORDINANCE 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON 1) PIO PICO ROAD BETWEEN DE PORTOLA AND MARGARITA ROAD 2) PREECE LANE WEST OF YNEZ ROAD 3) DEL RIO ROAD BETWEEN FRONT STREET AND VIA MONTEZUMA 4) WALCOTT CORRIDOR BETWEEN LA SERENA WAY AND NICOLAS ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing prima facie speed limits within the City for certain streets, or parts of streets. WHEREAS, the City conducts engineering and traffic surveys on its roadways in order to determine the appropriate speed limit; WHEREAS, the engineering and traffic surveys on the segments of roadways designated in this Ordinance indicate that new speed limits be established given the engineering and traffic studies. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: "Name of Street and Portion Affected Declared Prima Facie Speed Limit, Miles Per Hour Pio Pico Road between DePortola and Margarita Road 30 Preece Lane west of Ynez Road 30 Del Rio Road between Front Street and Via Montezuma 35 Walcott Corridor between La Serena Way and Nicolas Road 30 Except as specifically set forth in this Section 1, all other provisions of Section 10.28.010(d) shall remain in full force and effect. r :\agdrpt\9 7\0 9 2$\spdlirnit.ord/ajp SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. Fffective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to he posted in three designated posting places. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this 7th day of October, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk r :\agdrpt\97\0923~spdlimit.ord/ajp [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97- was dully introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of September, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7th day of October, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 C OUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: June S. Greek, City Clerk r:~agdr pt\97 \0923\spdlimit.ord/ajp EXHIBIT "B" LOCATION MAP SPEED LIMIT STUDY 1 V~ f~QU~TO EXHIBIT "B" u~ry SPEED LIMIT STUDY~ EXHIBIT "B" DE:L( LOCATION MAP SPEED LIMIT STUDY LOCATION MAP SPEED LIMIT STUDY ITEM 25 APPROVe/I, ~ CITY ATTORNEY /f/~4~' FINANCE OFFICER ',,/(~"' CITY MANAGER ~-~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council\City Manager Gary Thornhill, Community Development Director~'~'~ September 23, 1997 Recreational Vehicle Storage in Residential Districts Prepared By: Debbie Ubnoske, Planning Manager RECOMMENDATION: Provide Direction. BACKGROUND At the August 12, 1997 City Council meeting, Mayor Birdsall requested staff to prepare a staff report discussing recreational vehicle storage in residential districts. Currently, Section 17.24.050(I) of the Development Code restricts the ability of residents to store recreational vehicles in the front and street side yards in all residential districts. Since the implementation of this provision of the Development Code, this has presented some problems due to the size of the lots in most of the residential developments in the City not being large enough to allow storage in areas other than the front or street side yards. As the City's Code Enforcement Officers have attempted to enforce this provision of the Development Code, they have met with resistance from property owners who have no where else to store their trailers, recreational vehicles, and boats. However, the City is currently processing several applications for self storage facilities. These are expected to provide additional storage opportunities. The Sections of the Code that appear to be causing the most concern are as follows: Section 17.24.020(f) states: "Except as provided in herein, vehicles parked within public view in required or authorized parking areas within the front yard, corner side yard or side yard abutting a street shall be parked or left standing for temporary periods of time not to exceed five (5) consecutive days." Section 17.24.050(I) states: "In a residential zone, no portion of the required front yard areas shall be developed or used for vehicular off-street parking other than that portion occupied by the driveway. The curb cut for the driveway shall not exceed twenty four (24) feet in width. This restriction shall apply to automobiles, trucks, buses, trailers, boats, recreational vehicles, and motorcycles." The City's Development Code requires at least one residential side yard to be at least 10 feet wide. A 10 foot side yard setback is wide enough to allow vehicular access to the side and rear of the property for vehicle storage. In contrast, the previous County land use ordinance required only a five (5) foot minimum side yard. R:\STAFFRPT~VEHSTOR.CC 9115197 klb 1 It is staff's opinion that Sections 17.24.020(f) and 17.24.050 (I) may not be reasonable given that so many of the City's residential areas have already been built with a narrow side yard on both sides thereby making it difficult to store recreational vehicles in any place other than the front of the residence. In addition, the Development Code contains no provisions for an exception/appeal process should such a process be needed due to prior conditions created by the County. FISCAL IMPACT None, R:\STAFFRPT\VEHSTOR.CC 9/15/97 klb 2 ITEM 26 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council June S. Greek, City Clerk/Director of Support Services September 23, 1997 City Council Meeting Schedule - October, November and December 1997 RECOMMENDATION: Direct the City Clerk to cancel and/or re-schedule meetings in October, November and December, 1997, and to perform the appropriate posting and noticing requirements of the Government Code. BACKGROUND: In previous years the City Council has determined that certain meetings should be either canceled or re-scheduled to a more convenient date. During the month of October, the first meeting of the month, scheduled for October 14, 1997 falls on the final day of the annual League of California Cities meeting. During November the general election date and Veterans day fall on the first two Tuesdays of the month. Finally during the month of December, the second regularly scheduled meeting of the month falls on December 23rd. Since this date fall the week of Christmas and Hanukkah it may also not be the best date to hold a meeting. Staff recommends the following dates for discussion purposes. Month 1st Meeting 2nd Meeting October November December Tuesday, October 7 Tuesday, November 18 Tuesday, December 9 Tuesday, October 28 Tuesday, November 25 Tuesday, December 16 FISCAL IMPACT: Changes of dates for City Council, TCSD, and RDA meetings will result in no additional cost to the City. ATTACHMENTS: Calendars for October, November, and December, 1997. JSG R:\agenda.rpt~Meeting.sch 1 Z Z DEPARTMENTAL REPORTS APPROVAL ~//~ CiTY AttORNEY ./~ FINANCE DIRECT~[~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Official.,~~ September 23, 1997 Departmental Report August 1997 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED ................................... 80 NSFR ..................................................... 55 NCOM ..................................................... 2 NIND ...................................................... 2 TOTAL VALUATION ........................................ $10,306,826 TOTAL NUMBER OF INSPECTIONS PERFORMED ......................... 1,931 CODE ACTIONS .................................................. 894 APPROVA., CITY ATTORNEY DIRECTOR OF FINANCe_ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director September 23, 1997 Monthly Report RECOMMENDATION: Receive and File Discussion: The following is a summary of the Community Development Department's Planning Division caseload and project activity for the month of August 1997: Caseload Activity: The Department received applications for 9 administrative cases and 8 applications for public hearing cases for the month of August. The following are the public hearing cases: · Minor Conditional Use Permit 2 · Parcel Map (Comm/Ind) 1 · Development Plan - less than 10,000 SF 1 · Development Plan - over 10,000 SF 2 · Variance 2 Total 8 Attachments: List of Activities with Detail - page 2 Revenue Status Report - page 3 R:~ION'rHLY.RPT~I997kAUGUST.WPD 9/12/97 klb 1 Ongoing Projects: Sign Ordinance: The Planning Ordinance on August 18, 1997. consideration. Commission recommended approval of the Sign Staff will be scheduling this item for City Council Southside Sl~ecific Plan: Staff and our consultant, Urban Design Studio, will be compiling the information obtained in the community meeting into a preliminary draft of the specific plan. A community meeting was held on September 10, 1997. Electric Vehicle Charging Stations: Staff is working with the Air Quality Management District to finalize the contracts to install these stations for the City maintenance yard and the Th Street parking lot. Staff will be presenting these contracts to City Council as soon as they are finalized. Traffic Study Revision and Uvdate of Circulation Element: Staff has drafted a RFP to have a consultant perform the revisions and update. Regional Mall: Grading operations are currently in process. Building construction is expected to commence in early 1998. ?ev Buffman Entertainment Project: The project application has been reviewed by staff and is being tentatively be scheduled for a Planning Commission hearing in October, 1997. R:~IONTHLY.RFl~1997~AUGUST. WPD 9/15/97 ldb 2 ATTACHMENT NO. 1 LIST OF ACTIVITIES BY CASE NUMBER R:~¥/ONTHLY. RPT~I997~AUGUST.WPD 9/12/97 ]db 3 ATTACHMENT NO. 2 REVENUE STATUS REPORT R:~MONTHLY. RPT~,I997ka, UGUST. WPD 9/12/97 ldb 4 REVPRIN2 09/02/97 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4135 4136 4139 4140 4170 4171 4190 4200 4206 4369 4370 09:52:49 GENERAL FUND PLANNING DESCRIPTION AMENDED FINAL MAP APPEALS CERT. OF LAND DIV. COMPLIANCE EXTENSION OF TIME SINGLE FAMILY TRACTS MULTI-FAMILY TRACTS PARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE PARCEL MERGER (2-4 LOTS) REVERSION TO ACREAGE (5+LOTS) MINOR CONDITIONAL USE PERMIT SECOND UNIT PERMITS CHANGE OF ZONE CONDITIONAL USE PERMIT CONSISTENCY CHECKS GENERAL PLAN AMENDMENT PLOT PLAN PUBLIC USE PERMII REVISED PERMIT SETBACK ADJUSTMENT SPECIFIC PLAN SUBSTANTIAL CONFORMANCE TEMORARY OUTDOOR EVENT TEMPORARY USE PERMIT VARIANCE ZONING INFORMAlION LETTER CEQA (INITIAL STUDIES) CEQA ENVIROMENT IMPACT REPORT DEVELOPMENT AGREEMENT PARCEL MAP/WAIVER MERGER CONDO TRACT MAP REVERSION TO ACREAGE K-RAT STUDY FEES HOME OCCUPATIONS DEVLPMNT PLAN-ADMINISTRATIVE IN HOUSE PLAN CHECKS ANNEXATION FEES LAND DIV UNIT NAP LANDSCAPE PLAN CHECK CITY OF TEMECULA REVENUE STATUS REPORT AUGUST 1997 ADJUSTED ESTIMATE .00 .00 .00 5,900.00 24,700.00 .00 30,500.00 16,800.00 700.00 2,900.00 .00 13,500.00 .00 3,600.00 31,100.00 16,300.00 5,600.00 111,900.00 .00 .00 200.00 .00 .00 .00 5,200.00 .00 .00 .00 .00 13,700.00 .00 .00 .00 .00 .00 4,500.00 7,400.00 .00 .00 500.00 .00 AUGUST REVENUE .00 .00 200.00 274.00 .00 .00 864.00 .00 .00 .00 .00 .00 .00 .00 1,064.00 .00 .00 9,289.00 .00 .00 ,00 .00 185,00 367.00 .00 1,476.00 18.00 1,758.65 .00 .00 .00 .00 .00 .00 .00 .00 .00 690.00 .00 .00 6,560.00 1997-98 REVENUE .00 325.00 400.00 274.00 .00 .00 1,528.00 460.00 .00 .00 .00 .00 .00 .00 4,841.00 .00 .00 13,808.00 .00 .00 .00 .00 740.00 382.00 .00 1,476.00 18.00 3,491.80 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,560.00 .00 .00 11,032.04 PAGE 1 BALANCE % COL .00 325.00- *** 400.00- *** 5,626.00 4.6 24,700.00 0.0 .00 28,972.00 5.0 16,340.00 2.7 700.00 0.0 2,900.00 0.0 .00 13,500.00 0.0 .00 3,600.00 0.0 26,259.00 15.6 16,300.00 0.0 5,600.00 0.0 98,092.00 12.3 .00 .00 200.00 0.0 .00 740.00- *** 382.00- *** 5,200.00 0.0 1,476.00- *** 18.00- *** 3,491.80- *** .00 13,700.00 0.0 .00 .00 .00 .00 .00 4,500.00 0.0 7,400.00 0.0 1,560.00- *** .00 500.00 0.0 11,032.04- *** PLANNING 295,000.00 22,745.65 40,335.84 254,664.16 13.7 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 23, 1997 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for August, 1997. r:\agdrpt\moactrpt/ajp CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report AUGUST 1997 Submitted by: Joseph Kicak Prepared by: Don Spagnolo Date: September 23, 1997 I. WORK UNDER CONSTRUCTION: 1.1-15/Winchester Road Interchange Modifications: The contractor is in the process of completing the installation of the landscaping and irrigation systems, as well as minor electrical items. The project is scheduled for completion in mid- September. 2.6th Street ParkinE Lot: The project's perimeter improvements are complete and the public parking area and restroom facilities are in open to the public. The wood cap on the retaining wall along Front Street and the wood railing along the stair cases are the remaining items that will be constructed and installed at the Transportation Depot site. 3. Traffic Siena! at SR-79S and Bedford Court: The contractor is expecting delivery of the signal poles and equipment in late September. A field utility meeting was scheduled with the Edison Company and Caltrans to locate the signal poles and any potential conflicts on September 11. Installation is anticipated to begin during the third week of September. 4. City Wide Intelligent Traffic Management System (ITMS): The contractor has been installing 2" conduits on Margarita Road and Rancho California Road during the last few weeks. The contractor will be installing conduits on Front Street north of Rancho California Road during the week of September 15. The contractor has also been constructing controller cabinet foundations concurrently. Upon completion of this project and design and installation of communication software and hardware, all traffic signals within the City will be interconnected and controlled from the City Hall. 5. ADA Improvement Project: Construction bids for this project were opened on September 4 and staff will recommend a contract be awarded to Modcraft, Inc. at the September 23, City Council meeting. The project consists of the construction of sidewalk access, playground equipment, and surface improvements to Veterans Park, John Magee Park, and Calle Aragon Park and well as ADA improvements to Rancho Vista fields at the Rancho California Sports Park. Construction is anticipated to begin the first week of October. R:\MOACTRPT~CIP~97\$EP.MAR seh Monthly Activity Report September 23, 1997 Page 2 II. BID 1.1-15/Rancho California Road Interchange Modifications: Construction bids for this project will be opened on September 25. GTE's phone line relocation work is currently under construction and the work will be completed in mid-November. This project includes widening the Rancho California Road Bridge and provides a new northbound loop entrance ramp. III. WORK IN DESIGN: 1. I-!5/Overland Drive Over Crossing Improvements: The consultant will be resubmitting roadway plans to Caltrans (District 8) for final approval of the roadway and electrical portions of the project during the week of September 15. The structural plans have already been approved and signed by Caltrans, Division of Structures. SCE is also working on the design for the relocation of the existing 115, 33, & 12 KVA overhead power lines. These lines are scheduled to be relocated before the construction of the proposed Overland Drive Over Crossing Improvements. The transmission and distribution sections of SCE have finalized their alignment and the City's consultant is preparing legal descriptions and plats for the SCE easements, temporary construction easements, and permission to grade documents. 2. Margarita Community Park: The plans are near completion with the ballfield lighting plans under final review by the School District. The project improvements will include picnic areas, a tot lot area, restrooms, and open turf areas as well as widening Margarita Road adjacent to the park to its ultimate width. Development of the two ball fields and the installation of two lighted tennis courts and one lighted hockey facility will be bid as alternate items. The project will be bid once the review of the ball field lighting by the School District is complete. 3. FY96-97 Pavement Management System: The consultant has completed the base map drawings for the design plans. Prior to starting the design, the consultant conducted a field review of the entire project and prepared a report for the City's review. This report details specific design parameters for the City to consider includes this method of road repair to be selected and potential changes in the general cross slope of road which is expected to be submitted by the week of September 15. This project will provide street rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road. This project will also include the installation of street lighting along the entire length of the project. R:\M OACTRPT\CI P\97\SEP.M AR seh Monthly Activity Report September 23. 1997 Page $ 4. Pavement Management System Up-Date: The consultant has submitted a draft report which includes pavement conditions, recommended maintenance and repair strategies, and a projected budget for the street maintenance program. A meeting with the consultant will be conducted to discuss the report by the week of September 15. Recently, Community Service Department approved a proposal from the Consultant to include 12 City owned parking lots to this Pavement Management System Up-Date. The field work for the additional locations was started on September 8 and will be included in the final report. This project will review and update the existing Pavement Management System computer program which will include new streets which were added to the City's maintained system, preparing a new 5-year street maintenance program, and updating the computer generated City map. 5. Winchester Road & Ynez Road Street Widening: The consultant has submitted a preliminary design of the proposed improvements and is also in the process of performing the field survey for the proposed street improvements. The scope of work includes the street widening improvements on the south side of Winchester Road between Ynez Road and Margarita Road, and the improvements on the east side of Ynez Road between Winchester Road and Overland Drive. 6. Overland Drive Street Improvements & Margarita Road Street Widening: The consultant has submitted a preliminary design of the proposed improvements on both sides of Margarita Road between Winchester Road and Overland Drive, and the new improvements on Overland Drive between Ynez Road and Margarita Road. Also the utility companies have been notified to address potential conflicts or new facilities which may be proposed. 7. Winchester Creek Park: Preparation of the plans for the park is substantially complete. The developer east of the park will be installing fill slopes along the easterly park boundary to meet proposed park elevations. The developer will also install a 36" diameter storm drain pipe along the southerly park boundary to drain the proposed subdivision as well as the park. The project consists of a 4.5 acre neighborhood park with various improvements including restrooms, basketball courts, volleyball courts, play equipment, polygon shelters with picnic tables, concrete walkways, and a parking lot. The project is scheduled to bid late September. 8. Flashing Beacons at Various Locations: The consultant is still in the process of obtaining the last few street plans for the base maps. Once all of the base maps are obtained, the consultant is expected to submit the first plan check within one week. This project consists of installing flashing beacons that warn of children in the immediate area at 10 different school sites throughout the City. 9. Cosmic Drive and Agena Street - Street Sidewalk Project//6: The project consists of the installation of sidewalks on the west side of Cosmic Drive between Rancho California Road and Agena Street and south side of Agena Street between Santa Cecilia Drive and Cosmic Drive. Design of the sidewalk improvements are presently underway with design completion scheduled for mid-September. The project is anticipated to bid early October. R:\M OACTRPT\CIP~97\S EP.M AR seh Monthly Activity Report September 23. 1997 Page 4 10. MarRarita Road Sidewalk (Rancho Vista to Pauba): The improvements will include the installation of concrete curbs, gutter, and sidewalk along the west side of Margarita Road between Rancho Vista Road and Pauba Road. The sidewalk will be located across from the high school and also improve access to the Rancho California Sports Park. Also, as part of the design, additive alternate improvements will include ADA ramp access from Margarita Road to the adjacent ballfields along with an expanded parking area. The project is scheduled to be bid in mid-October. 11.1-15/Winchester Southbound Off-ramp Widening: Request for proposals were prepared and four responses were received on July 30. The proposals have been evaluated and a contract is scheduled to be awarded at the September 23, City Council meeting. The Consultant's scope of work includes preparation of Plans and Specifications for widening the southbound off-ramp to provide additional turning lanes onto Winchester Road. 12. Winchester Road Median Islands: A design consultant has been selected from the Professional Consultant Selection list. On September 8, a meeting was conducted with the consultant to discuss the project's scope of work. The consultant is expected to submit a proposal for the design by end of September. This project will install median islands with landscaping and irrigation along Winchester Road between Enterprise Circle West and Jefferson Avenue along with the installation of a traffic signal at Enterprise Circle West. Also, the existing median island at Jefferson Avenue will be modified to provide for a longer left turn pocket for east bound traffic. 13. Pala Road Bridge: Fourteen Requests for Proposal were sent out on August 18 and two proposals were received on the deadline of September 4. Staff will be interviewing the consultants, and is anticipating awarding a Consultant contract at the City Council meeting on October 28. This project will include the relocation of Pala Road from Highway 79 South to Rainbow Canyon Road, which will require that a new bridge be constructed, two new traffic signals to be installed, the removal of one traffic signal, the installation of sound walls, sidewalks, landscaping, irrigation, street lighting, bike lanes, signing, striping, channel improvements, and along with Wetland Mitigation. Right-of-way documents for these improvements will be required for land acquisition before the work can begin. R:\M OACTRPT~CIP\97\SEP.MAR seh LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS AUGUST 1997 ~:~_ ubmitted by: Joseph Kicak · ~0Prepared by: Ronald J. Parks ~ t Date: September 12, 1997 1. PW95-07 - Phase I Western Bypass Corridor: The deeds and easement documents to EMWD, Margarita Canyon LLC and the Texaco Station for sewer lift station, access, parking, slope and temporary construction, respectively, are being finaled to be signed by appropriate parties. 2. PW95-08 - First Street Fxtension: The City Attorney's Office is in the process of negotiating with the affected property owners for acquisitions. 3. PW95-:~6 - 6th Street Parking Project: The wooden railing for the handicap ramp and the stair cases along the frontage of the Transportation Depot will be scheduled for construction within the next several weeks. 4. PW96-05 - Project Study Report (PSR! And Project Report (PR! For Ultimate Interchange Improvements at Interstate 15/State Route 79 South (I-15/SR79S): The updated PSR in concurrence with the analyses on projected vehicular levels of service conducted by other entities were submitted to Caltrans for review. 5. The Regional Mall Project: The grading of the site is in process. The design of the infrastructure improvements are in progress. The onsite improvement plans are scheduled to be prepared by the applicant and submitted for review towards the end of this year. R :~IO A C~TRPT~EV~97~AUG .W'PD '!" I-- Z 0 0~0 (.'3 (:3 a. _ MEMORANDUM TO: FROM: DATE: SUBJECT: Joseph Kicak, Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent September 2, 1997 Monthly Activity Report - August, 1997 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of August, 1997: III. IV. VI. SIGNS A. B. C. TREES A. VII. Total signs replaced Total signs installed Total signs repaired Total trees trimmed for sight distance and street sweeping concerns POTHOLES A. Total square feet of potholes repaired CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 531 New and repainted legends B. 0 L.F. of new and repainted red curb and striping 13 3.085 514 ] R:~ AI N TAJ N~40ACTRPI'~97~,UG UST .RPT rh MONTHLY ACTIVITY REPORT - August, 1997 Also, City Maintenance staff responded to 38 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 28 service order requests for the month of July, 1996. The Maintenance Crew has also put in 65 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 August, 1997 was $19.141.00 compared to $69.477.02 for the month of July, 1997. Account No. 5402 Account No. 5401 Account No. 999-5402 $4.550,00 7.591.00 CC: Don Spagnolo, Principal Engineer - Capital Projects Ron Parks, Principal Engineer- Land Development Alii Moghadam, Associate Engineer- (CIP/Traffic) R:~VIN N TAIN ~I OACTRPT\9 7 ~AU G UST.RPT rh STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of August, 1997 DATE STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK TOTAL ACCOUNT # COST CONTRACTOR: Date: 8~4~97 //5402 Date: 8/15/97 BECKER IFNGINEERING 1) La Serena at Meadows Pkwy. 2) Ynez Rd. 200' South of Pauba Rd. Jedediah Smith Rd. 100' South of Lucero Place // 5401 1) Installed handicap ramp 2) Removed & replace 20' sidewalk for trip hazzard Total S.F. 36 Total yards p.cc. 6 TOTAL COST $4,550.00 Remove and reset 2 6' CMP 10' sections. Construct concrete pad to set CMP culverts on. Back fill and compact, Place 1/4 ton rip wrap and slurry with 4 sack mix, Date: 8/11/97 // 5401 PEST MASTER SERVICES 7 Channels located city wide TOTAL COST $4,996.00 Treatment of channel bottoms for summer weeds using post-emergent TOTAL COST $2,595.00 TOTAL S.F. TOTAL A.C. TOTAL AMOUNT ACCT #5402 TOTAL AMOUNT ACCT #5401 $4,550.00 $7,591.00 R:~I N N TN N'~I OACTRPT~97~a. UG UST.RPT rh o. o o o. o. C~ 0 0 0 0 C~ C) 0 0 0 o. q q o. q o q q o o. 0 0 0 0 0 oo~ o oo oo ~ ~ LLI ~- O-- Z~: z_~ Z o~z I-- 0 0"~ o o o o~ o~ ~ d o ~ d~ dd ~ ~ ~ ~ O~ O~ ~ O~ o o ,lb ( 0 0 0 0 0 0 0 0 0 0 'DATE 8/01/97 8/01/97 8/06/97 8/13/97 8/19/97 8/20/97 8/28/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF AUGUST, 1997 LOCATION Camino AIgon & Meadows Pk~3'. N/S Sports Park restrooms Margarita ~ Sonoma Long Valley Wash ~ Humber 1LC. Rd. ~ Via Los Colinas 1LC. Rd. ~ Oscars R.C. Rd. ~ Via Los Colinas WORK COMPLETED Removed 4 S.F. of Graffiti Removed 362 S.F. of Graffiti Removed 10 S.F. of Graffiti Removed 120 S.F. of Graffiti Removed 4 S.F. of Graffiti Removed 4 S.F. of Graffiti Removed 10 S.F. of Graffiti TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 514 2 R:~MNTAIN~WKCMPLTD\GRAFF flT,97~UGUST. ILPT DATE RECEIVED 8/04/97 8/04/97 8/05/97 8/05/97 8/06/97 8/07/97 8/07/97 8/08/97 8/08/97 8/08/97 8/11/97 8/11/97 8/12/97 8/12/97 8/13/97 8/13/97 8/14/97 8/15/97 8/18/97 8/18/97 8/19/97 8/19/97 8/20/97 8/20/97 8/20/97 8/21/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF AUGUST, 1997 LOCATION 29826 Via Puesta Dcl Sol 45520 Rainbow Canyon 45521 Classic Way 42935 Via Gandia 30387 Senela Ct. 30436 Danube Ct. 27717 Jefferson Long Valley Dr. ~ Yukon Rainbow Canyon Rd. 30602 Holly Berry Lane 42196 Roanoake 40514 Yardley 30551 Holly Berry lane 30416 Danube Ct. 40514 Yardley 31204 Kahwea Rd. Loma Linda Rd. ~ Pala Rd. 45630 Rainbow Canyon Rd. 40084 Villa Venecia 43399 Calle De Velardo Temeku Golf Course 30200 Santa Cecilia 30135 Milano 27468 John Christian 31252 Kahwea 31199 Kahwea REQUEST Trce Trimming Catch Basin Clearing Catch Basin Clearing Tree Concern Tree Trimming Tree Trimming Pot Holes Repair R- 1 Street Repair Tree Trimming Catch Basin Cleaning Catch Basin Cleaning Tree Trimming Stump Removal Catch Basin Cleaning Fence Down Fire Hydrant Leaking Tree Trimming Tree Trimming S.N.S. Missing Debris Removal Tree Removal R- 1 Damaged Catch Basin Cleaning Temp. Fence Concern Temp. Fence Concern DATE WORK COMPLETED 8/08/97 8/08/97 8/08/97 8/05/97 8/06/97 8/07/97 8/08/97 8/08/97 8/11/97 8/11/97 8/12/97 8/12/97 8/12/97 8/12/97 8/13/97 8/13/97 8/14/97 815/97 8/18/97 8/18/97 8/19/97 8/19/97 8/20/97 8/20/97 8/20/97 8/21/97 1 R:~qTAIN~WKC MPLTD~sORS~97~AUGUST.RPT DATE RECEIVED 8/21/97 8/21/97 8/21/97 8/21/97 8/22/97 8/22/97 8/25/97 8/25/97 8/25/97 8/27/97 8/28/97 8/28/97 LOCATION Vintage Hills 42947 Camino Caruna 43884 Gatewood Place 31378 Paseo De Las Olas 30387 Seneca P1. I~C. Rd. e/o Moraga Diaz Rd. ~ Winchester Calle Aragon ~ Margarita 30387 Senela 42085 Kaffirboom Calle De Velardo ~ J. Smith 41841 Moreno Rd. REQUEST Debris Removal Tree Removal Sprinkler Repair Tree Trimming Tree Trimming Trench Failure Trench Failure Slippery Sidewalk Tree Trimming Tree Trimming Missing S.N.S. Pot Holes DATE WORK COMPLETED 8/21/97 8/21/97 8/21/97 8/21/97 8/25/97 8/28/97 8/25/97 8/25/97 8/25/97 8/27/97 8/27/97 8/28/97 TOTAL SERVICE ORDER REQUESTS 2 R:~V~qTAIN~WKCMPLTI~SOP.~97~AUGU ST. RPT I DATE 8105/97 8/08/97 8/12/97 8/12/97 8/20/97 8/21/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF AUGUST, 1997 LOCATION I Classic Way ~ Mudfield Rainbow Canyon Rd. 42196 & 42211 Roanoake 40504 YardIcy Milano Dr. 27468 John Christian WORK COMPLETED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED 3 CATCH BASINS 3 CATCH BASINS 2 CATCH BASINS 1 CATCH BASINS 2 CATCH BASINS 2 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED R:~MAINTAIN~WKC M PLE'I'D~CATC HBA,~9 7~AU(~IST. FRM DATE 8/01/97 8/01/97 8/01/97 8/04/97 8/04/97 8/07/97 8/07/97 8/07/97 8/11/97 8/12/97 8/12/97 8/12/97 8/13/97 8/13/97 8/18/97 8/18/97 8/20/97 8/21/97 8/22/97 8/26/97 8/27/97 8/27/97 8/29/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF AUGUST, 1997 LOCATION Pio pico ~ Amarita Way Camino Romo w/o Corte Villosa Winchester w/o Jefferson Via Rio Temecula ~ Country Glen Via Poquito ~ Ave De Missiones Pala Rd. ~ Wolf Valley La Serena ~ Calle Medusa Nicolas ~ Calle Medusa Santiago @ Quiet Meadows Rancho Vista w/o Via E1 Greco 30420 Pauba Diaz ~ Via Dos Picos Solona ~ Del Rey La Serena ~ Walcot Bike Lane Trails Winchester n/o Nicholas P~C. Rd. ~ Via Las Colinas N. General Keamey e/o Margarita Ynez n/o Equity Dr. Rancho Vista ~ So. Cross Calle De Velardo ~ J. Smith Margarita Rd. ~ Ave. Barca Margarita Rd ~ Via La Vida I Replaced Installed Installed Installed Replaced Replaced Installed Installed Installed Installed Installed Replaced Replaced Installed Installed Replaced Replaced Replaced Replaced Repaired Installed Replaced Replaced WORK COMPLETED R-I "Faded" W-63, W-65 Fwy Sign 4 Type "N" Markers R- l"Faded" W-77 "T.C." G-9 G-9 2 R-81 W-66 W-75 R-2 45 "T.C." R-1 "T.C." W-57 4 "Specialty Signs" Type "N" "Faded" R-7, Type "N" & W-53 "T.C." W-17 "T.C." W-57, 3 W-31, 6 Type"N .... T.C." G-36 S.N.S. R-2 45 W-56 Type "N .... T.C." Type "N" "T.C." TOTAL SIGNS REPLACED 25 TOTAL SIGNS INSTALLED 19 TOTAL SIGNS REPAIRED R:~L~qTAI'N~WKC MPLTD~ IGNS',97~AU(RJ~r. FRM DATE 8/11/97 8/15/97 8/27/97 8/29/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF AUGUST, 1997 LOCATION Rancho Vista e/o Mira Loma Riverton ~ Call¢ Medosa Margarita Rd. ~ Ave. Barca Margarita Rd. s/o Solana I Abated Abated Abated Abated WORK COMPLETED 360 S.F. R-O-W Weeds 1900 S.F. R-O-WWeeds 75 S.F. R-O-W Weeds 750 S.F. R-O-WWeeds TOTAL S.F. R-O-W WEEDS ABATED ;},085 R~LMNTAIN~WKCM PLTD\WE EDS~7~AUGUST. RPT DATE 8/01/97 8/01/97 8/04/97 8/05/97 8/11/97 8/12/97 8/13/97 8/15/97 8/18/97 8/19/97 8/20/97 8/20/97 8/25/97 8/26/97 8/27/97 8/28/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF AUGUST, 1997 LOCATION Rancho Vista ~ Meadows Camino Romo ~ Corte Villosia Area #2 (see daily sheet for locations) Area #2 (see daily sheet for locations) Area #3 (see daily sheet for locations) Area #2 (see daily sheet for locations) Margarita ~ Moraga Area #2 (see daily sheet for locations) Area # 1 Area # 1 Area # 1 Area #1 Area #4 Area #2 Area #2 Area #3 (see daily sheet for locations) (see daily sheet for locations) (see daily sheet for locations) (see daily sheet for locations) (see daily sheet for locations) (see daily sheet for locations) (see daily sheet for locations) (see daily sheet for locations) I Repainted Installed Repainted Repainted Repainted Repainted Repainted Repainted Repainted Repainted Repainted Repainted Repainted Repainted Repainted Repainted WORK COMPLETED 10 Legends 3 Legends 26 Legends 35 Legends 17 Legends 23 Legends 19 Legends 20 Legends 60 Legends 42 Legends 51 Legends 46 Legends 37 Legends 45 Legends 54 Legends 43 Legends TOTAL NEW & REPAINTED LEGENDS L.F. OR NEW & REPAINTED RED CURB & STRIPING R:hMAINTAINkWKCM P L'I'D~TRI PING~7~AUGUST. RPT [DATE 8/01/97 8/07/97 8/07/97 8/11/97 8/13/97 8/lg/97 8/19/97 8/20/97 8/20/97 8/20/97 8/21/97 8/25/97 8/27/97 8/28/97 8/29/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT OF WAY TREE TRIMMING MONTH OF AUGUST, 1997 LOCATION Winchester w/o Jefferson Quiet Meadows ~ Santiago Calle Medusa ~ Nicolas Rancho Vista e/o Mira Coma Del Rey ~ Solana Pala Rd. btwn Muftield & Mira Loma N. Gen. Keamey s/o Nicholas N. Gen. Kearney s/o Nicholas Nicolas w/o Via Lobo Pala Rd. N/o Masters Dr. P ainbow Canyon Rd. Margarita Rd. ~ Rancho Vista Margarita Rd. n/o Ave. Barca Margarita Rd. s/o Solana Margarita Rd. s/o Solana WORK COMPLETED TRIMMED 1 KO.W. TREES REMOVED 1 R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIMMED 21 I~O.W. TREES TRIMMED 3 R~O.W. TREES TRIMMED 27 tLO.W. TREES TRIMMED 57 tLO.W. TREES TRIMMED 7 R.O.W. TREES TRIMMED 3 R.O.W. TREES TRIMMED 12 R.O.W. TREES TRIMMED 1 I~O.W. TREES TRIMMED 20 KO.W. TREES TRIMMED 29 KO.W. TREES TRIMMED 35 R.O.W. TREES TRIMMED 2 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 220 R:'~Lt~'NTAIN~WKCM p LTD\TREES~97~UGUST.RFF