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HomeMy WebLinkAbout100797 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk {909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 7, 1997- 7:00 PM 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: 1. §54956.9(a), Pending Litigation, 0t~td(~gr Me¢lio Grotli~ v. City of Temecula. 2. §54956.9(a}, Pending Litigation, Zonos v. City of Temecula. 3. §54956.9(b), Potential Litigation, three matters. 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: PRESENTATIONS/ PROCLAMATIONS Next in Order: Ordinance: No. 97-19 Resolution: No. 97-104 Mayor Patricia H. Birdsall presiding Jordan Bellino Reverend James Egea, Church of Religious Science of Temecula Valley Councilmember Stone Ford, Lindemans, Roberts, Stone, Birdsall "Ruth Chesher Day" - Proclamation "Red Ribbon Week" - Proclamation "Ride Share Week" - Proclamation "Temecula Valley Bicentennial Anniversary" - "Savy Awards" - Presentation Proclamation R:~Agenda\082697 I 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 age. nda. 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 NOTIC!= 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 September 23, 1997. R:~,genda~082697 2 3 4 5 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 City Treasurer's Repo[t as of August 31, 1997 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of August 31, 1997. Conveyance of Real Property and Easement to Eastern Municipal Water District, Acceptance of Right of Fntry from Margarita Canyon LLC and Grant of License to Electrend, Inc. in Connection with the Realignment of Streets Near the Intersection of Front Street and Hiahway 79 South for the I-15/Highway 79 South Interchange Improvements RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO EASTERN MUNICIPAL WATER DISTRICT AND AUTHORIZING THE EXECUTION AND RECORDATION OF A GRANT DEED IN CONNECTION THEREWITH 5.2 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDATION OF A GRANT OF EASEMENT IN CONNECTION THEREWITH R:~Agenda\082697 3 6 7 5.3 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT" BETWEEN THE CITY OF TEMECULA AND MARGARITA CANYON, LLC 5.4 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC., FOR USE OF REAL PROPERTY" 5.5 Authorize and direct the City Clerk to record the documents approved by the Resolutions as listed above. J~elease Faithful Performance Warranty. Labor and Materials, and Subdivision Monumentation B(~nd¢ in Tract No. 22716-F (Located Northeasterly of the intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 6.1 Authorize release of the Faithful Performance Warranty and Labor and Material Bonds for the Public Street, Water and Sewer improvements, and Subdivision Monumentation Bond in Tract No. 22716-F; 6.2 Direct the City Clerk to so advise the several Developers and Sureties. Quitclaim Public Utility Easements over Portion of Campos Verdes IProposed Middle School Site Easterly of Margarita Road and Northerly of North General Kearny Road) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS (PORTION OF TRACT NO. 3334 FOR SCHOOL SITE EASTERLY OF MARGARITA ROAD AND NORTHERLY OF NORTH GENERAL KEARNY ROAD) R:~.genda~082697 4 8 9 10 11 Release Warranty and Labor and Materials Bonds in Tract No. 23125-1 (Located at the Northeast corner of Butterfield Stage Road at De Portola Road) RECOMMENDATION: 8.1 Authorize the release of the Faithful Performance Warranty bonds for Street, Drainage, and Water and Sewer Improvements, and the Labor and Materials bonds in Tract No. 23125-1; 8.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Material Bonds in Tract No. 22716- 4 (Located Northeasterly of the intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 9.1 Authorize release of the Faithful Performance Warranty and Labor and Material Bonds for the Public Street, Water, and Sewer Improvements in Tract No. 22716-4; 9.2 Direct the City Clerk to so advise the several Developers and Sureties. Accept Subdivision Iml~rovements in Tract No. ?2762 (Located Westerly of the intersection of Ynez Road at Preece Lane) RECOMMENDATION: 10.1 Accept the public improvements in Tract No. 22762; 10.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities; 10.3 Direct the City Clerk to so advise the Developer and Surety. Accel~tance of Publi~; Streets into the City-Maintained Street System (Within Tracts No. 22761 and 22762) (Located Westerly of the intersection of Preece Lane at Ynez Road) RECOMMENDATION: 11.1 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.. 22761 AND 22762) R:~Agenda\O82697 5 12 13 14 15 16 Waiver of Application/Permit Fee for Rancho Vista High School "Drug Free Run or Walk" Event (Rancho Vista Road to Rancho California Road and Return) RECOMMENDATION: 12.1 Waive the permits/application fee adopted by City Council Resolution No. 91-96 entitled "Adopting Standards and Procedures for Special Events on Public Streets, Highways, Sidewalks, or Public Rights of Way", for October 25, 1997 "Drug Free Run or Walk" sponsored by Rancho Vista High School. Tract Map No. 23101-4 (Located at the Northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills in the City of Temecula) RECOMMENDATION: 13.1 Approve Tract Map No. 23101-4, subject to the Conditions of Approval. Tract Map No. 23100-5 {Located at the Northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills in the City of Temecula) RECOMMENDATION: 14.1 Approve Tract Map No. 23100-5, subject to the Conditions of Approval. Accept Subdivision Improvements in Tract No, 22761 (Located at the Westerly corner of Ynez Road at Preece Lane) RECOMMENDATION: 15.1 Accept the public improvements in Tract No. 22761; 15.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities; 15.3 Direct the City Clerk to so advise the Developer and Surety. Completion and Acceptance of the Traffic Signal at State Route 79 South and Margarita Road/Redhawk Parkway - Prpject No. PW95-15 RECOMMENDATION: 16.1 Accept the traffic signal at State Route 79 South and Margarita Road/Redhawk Parkway, Project No. PW95-15; R:~Agenda\082697 6 17 18 19 16.2 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; 16.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Award of Construction Contract Public Works Department Maintenance Work Order 97- 98-00.? - Walcott Lane RECOMMENDATION: 17.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98- 002 to A Park Avenue Builders in the amount of $23,800.00 and authorize the Mayor to execute the contract. 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,380.00 which is equal to 10% of the contract amount. Award of Construction Contract Public Works Department Maintenance Work Order 97-98- 003 - Walcott Lane at Klarer RECOMMENDATION: 18.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98- 003 to A Park Avenue Builders in the amount of $23,900.00 and authorize the Mayor to execute the contract. 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,390.00 which is equal to 10% of the contract amount. Award of Professional Services Contract to Robert Bein, William Frost and Associates for the Design of the Median Island on Winchester Road West of Jefferson Avenue - Project No. PW97-21 RECOMMENDATION: 19.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Robert 8ein, William Frost & Associates to provide Engineering Services for the design of the Median Island on Winchester Road West of Jefferson Avenue - Project No. PW97-21 for an amount not to exceed $47,900.00. 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,790.00, which is equal to 10% of the contract amount. R:~Agenda\082697 7 20 21 22 23 Professional Services Agreement between the City of Temecula and C.M, (Max) Gilliss for Contract Coordination, Pala Road Bridge RECOMMENDATION: 20.1 Approve the agreement between the City of Temecula and C.M. (Max) Gilliss for Professional Services for Contract Coordination for the Pala Road Bridge Project; 20.2 Approve the modification to the existing agreement by reducing the amount of compensation from 82,000 per month to $1,000 per month. Professional Services Engineering Agreement between Don Lohr and Associates and the City of Temecula - Pechanga Creek/Temecula Creek Study RECOMMENDATION: 21.1 Approve a Professional Services Agreement between Lohr and Associates and the City to provide the necessary studies as required by the U.S, Army Corps of Engineers prior to any maintenance in the channel for an amount not to exceed $11,500.00 and authorize the Mayor to execute the agreement. 21.2 Appropriate $11,500.00 for the required study from General Fund Reserves to Public Works Flood Control Account No. 001-164-601-5403. Disposal of City Vehicles RECOMMENDATION: 22.1 Approve the disposal of three City vehicles through public auction to be conducted by Roger Ernst Auction House. Second Reading of Ordinance No. 97-17 RECOMMENDATION: 23.1 Adopt an ordinance entitled: ORDINANCE NO, 97-17 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 R:~Agenda~082697 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) 24 Second Reading of Ordinence No. 97-18 RECOMMENDATION: 24.1 Adopt an ordinance entitled: ORDINANCE NO. 97-18 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 ONE 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 RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING AND THE TEMECULA REDEVELOPMENT AGENCY MEETING R:~Agenda~082697 9 3 Design Services Agreement for Gym Cooling System 4 RECOMMENDATION: 3.1 Approve the agreement with Dahl, Taylor and Associates, Inc., for 920,800 to provide design services for the installation of air conditioning at the CRC gymnasium. Award of Contract and Adoption of an Addendum to the Mitigated Negative Declaration for the ADA Improvement Project {Project No. PW97-09CSD) RECOMMENDATION: 4.1 Adopt an Addendum to the previously adopted Mitigated Negative Declaration for the Rancho California Sports Park Improvement Project. 4.2 Approve the plans and specifications for the construction of the Americans with Disability Act (ADA) Improvement Project, Project No. PW97-09CSD. 4.3 Award a construction contract to Mod Craft, Inc. for the base bid and one alternate bid in the amount of 9230,941.57 and authorize the President to execute the contract. 4.4 Authorize the General Manager to approve change orders not to exceed the contingency amount of 923,094.16 which is equal to 10% of the contract amount. 4.5 Authorize the transfer of funds from the Rancho California Sports Park Improvement project in the amount of 932,127.00 to the ADA Improvement Project Fund in the CIP Fund. 4.6 Appropriate and transfer 930,000 from TCSD Fund Balance to the ADA Improvement Project Fund in the CIP Fund. Completion and Acceptance of the Sports Park Creek Restoration Project. Project No. PW9§-10CSD RECOMMENDATION: 5.1 Accept the construction of the Sports Park Creek Restoration Project, Project No. PW95-10CSD, as complete; 5.2 Direct the City Clerk to file the Notice of Completion and release the Performance Bond; 5.3 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. R:~Agenda\082697 11 6 Easement Agreement with Pacific Century Homes to Construct Improvements on Winchester Creek Park RECOMMENDATION: 6.1 Approve the Easement Agreement to allow construction of slopes and drainage facilities with Pacific Century Homes. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGER'S REPORT - Bradley BOARD OF DIRECTOR'S REPORTS ADJOURNMENT: Next meeting: October 28, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~A. genda\082697 12 CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: TI=MI=CUI A R!=D!=VI=! OPMi~NT AG!=NCY MFFTING Next in Order: Ordinance: No, RDA 97-01 Reso{ution: No. RDA 97-07 Chairperson Steven J. Ford presiding AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford 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 September 23, 1997. AGENCY BUSINESS 2 Economic Development Corporation and Chamber of Commerce C)uarterly Report (Oral Report) REDEVELOPMENT DIRECTOR'S REPORT - McLarney EXECUTIVE DIRECTOR'S REPORT - Bradley AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: October 28, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda~082697 13 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. 25 Planning Apl;)lication No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199} Planning Application No. PA97-0161 (General Plan Amer}dment ) Planning Application No. PA97- 0~04 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village "A") - "Temeku" RECOMMENDATION: 25.1 Make a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and findings that a subsequent EIR is not required; 25.2 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0161 (GENERAL PLAN AMENDMENT), BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT 25.3 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0160 (AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199), BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK R:~Agenda~082697 14 25.4 Read by title only and introduce an ordinance entitled: 25.5 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0160 (AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199, AMENDING THE TEXT TO REFLECT THE REDUCTION OF DWELLING UNITS FROM 4,047 TO 3,922 UNITS, THE ELIMINATION OF COMMERCIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY, THE ADDITION OF AN APPROXIMATELY 12.5 ACRE PUBLIC PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS PARKWAY, AND REVISIONS TO ROADWAY CROSS-SECTIONS, DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE "A" Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED "AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, SPECIFIC PLAN NO. 199, VILLAGE A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING APPLICATION NO. PA97-0204, 'MARGARITA VILLAGE,' TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC. 25.6 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'AGREEMENT REGARDING TEMECULA RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS" FOR TEMEKU HILLS COUNCIL BUSINESS 26 Proposed Annexation of Redhawk and Vail Ranch RECOMMENDATION: 26.1 Review the information provided by Staff during the presentation. 27 El Nino Update {Oral Presentation by Mark Bassett, Riverside County Emergency Management Supervisor,) R:~Agenda~.082697 15 28 29 30 31 Temecula Library RECOMMENDATION: 28.1 Direct Staff to solicit qualifications for selection of a design firm to assist in the site selection and design of a more centralized library facility in the City. Designation of Voting Delegate for the National League of Cities Annual Congress RECOMMENDATION: 29.1 Designate a voting representative and an alternate. Community Services Commission Appointment RECOMMENDATION: 30.1 Appoint two members to serve a full term on the Community Services Commission, through October 10, 2000. Public/Traffic Safety Commission Appointment RECOMMENDATION: 31.1 Appoint an applicant to serve on the Public/Traffic Safety Commission for a full three year term through October 10, 2000. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: October 28, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~.genda\082697 16 PROCLAMATIONS/ PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 23, 1997 !=X;=CUTIV!= SFSSION A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly moved and seconded to adjourn to Executive Session at 5:35 PM, pursuant to Government Code Sections: §54956.9(a), Conference with Legal Counsel - Existing Litigation, City of Temecula v. Gabriel et al. §54956.9(c), Conference with Legal Counsel- Potential Litigation, two matters. §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. §54956.9(a), Potential Litigation, Zonos v. City of Temecula. §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. The motion was unanimously carried. The Executive Session was adjourned at 7:25 PM. A regular meeting of the Temecula City Council was called to order at 7:27 PM in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Pro Tem Roberts 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. PRF! UDF MUSIC The prelude and intermission music was provided by Cathy'Lamoureux. INVOCATION The invocation was given by Pastor Tim Buttrey, Temecula Valley Christian Center. P! FDGF OF All FRIANCF The audience was led in the flag salute by Councilmember Stone. MinutesX09~23/07 -1 - 1 O/01/97 City Council Minutes Sentember 23. 1997 PROC! AMATION/PRFSFNTATIONS Mayor Birdsall proclaimed the week of October 13, 1997, to be UDomestic Violence Awareness Week." Mayor Pro Tern Roberts introduced Kathleen Newton, President of the Riverside Board, and Board Members Carol Niles and Mary Eusey, who accepted the proclamation. Mayor Birdsall presented Awards of Valor to Mark Christensen, Gary Benson and Stephen Mcintosh, who assisted Mr. Thomas McHugh, a Temecula resident, during a recent traffic accident. John Jaquess, Manager Special Projects, WRCOG, gave a presentation on the status of the electric restructuring issue and a recommended action plan prepared by a joint WRCOG/SANDBAG Electric Restructuring Task Force. PUB! IC COMMFNTS Jo Moulton, Executive Director, Temecula Valley Film Council - 27645 Jefferson Avenue, #104A, on behalf of the Film Council, thanked the City Council and staff for their part in making the Film Festival a success. Bonnie and Arianna from Rancho Vista High School, invited the City Council to participate in the 5K Drug Free Run and Walk on October 25, 1997, with registration opening 8:00 AM at Rancho Vista High School. They also requested the fee be waived for this event. Mayor Birdsall asked that the matter of waiving the fee for this event be placed on the meeting of October 7, 1997. CITY COUNCIl RFPORTS Councilmember Ford thanked the Film Council for the wonderful event held last weekend. He also announced the Leukemia Society Fund Raiser Dinner on October 10, 1997 and asked anyone interested to contact him. Councilmember Ford said that Murrieta Creek is being mowed and there have been requests from Homeowners' Associations to get permits on Temecula Creek and Pechanga Creek. Mayor Pro Tem Roberts announced the Cattle Barons' Ball for the American Cancer Society will be held September 27th from 7:00 - 12:00 PM at Temeku Country Club. He also stated the kick-off reception for Alternatives to Domestic Violence, will be held Friday, October 3 at Temecula Crest Winery from 5:30 PM to 8:00 PM. Mayor Pro Tem Roberts requested staff look into providing sand bags to the residents to,help them prepare for the anticipated El Nino conditions. Minutes\O9\23107 -2- 10101/97 City Council Minutes Seotember 23. 1997 Councilmember Stone asked the staff to work cooperatively with the residents south' of Temecula Creek to get County and Federal permission to clear the Temecula Creek prior to the expected winter storms. He also asked the City Attorney to look into and identify the most stringent penalties that are allowed under the law for convicted perpetrators of "hate" graffiti. He further requested staff give an update to the Council on activities from TEAM, the apprenticeship model. Councilmember Stone asked the Council to attend the Riverside Division of California League of Cities meeting, to be held September 24,1997. Mayor Birdsall announced the annual Tractor Race will be held on October 3rd, 4th, and 5th, and invited the public to attend. CONS!::NT CA! I:NDAR City Clerk June Greek reported there was one request to speak on Item No. 13. Mayor Birdsall removed Item No. 13 from the Consent Calendar for discussion, Councilmember Lindemans registered a 'no" vote on Item No. 19. It was moved by Councilmember Stone, seconded by Councilmember Ford, to approve Consent Calendar Items 1-12 and 14-20 as follows, with Councilmember Lindemans voting "no" on Item No. 19. The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None None Standard Ordinance Adol;)tion 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 26, 1997. 2.2 Approve the minutes of September 9, 1997. Minutes\09\23107 -3- 10101/97 City Council Minutes ~eotember 23. 1997 Resolution Approving ! ist of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Accept Substitute Faithful Performance Securities for Parcel Maps No. 71797 and 23822 (Located on the Easterly side of Front Street Northerly of Rancho California Road) 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. 94133-1 (Located at the Northwesterly corner of Meadows Parkway at Leena Way) 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 Monumentetlon and Traffic Signalization Mitigation securities; 5.3 Direct the City Clerk to so advise the Developer end Surety. Acceptance of Public Streets into the City-Maintained Street System {Within Tracts No. 94133-1,4 and F) (Located Northerly of the intersection of Montelegro Way at Pio Pico Road) 6.1 Adopt a resolution entitled: RESOLUTION NO. 97-101 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) Minutes\09\23107 -4- 10/01/97 City Council Minutes September 23. 1997 10. Accel;)t Subdivision ImDrovements in Tract No. 94133-4 (Located at the Northwesterly corner of Meadows Parkway at Leena Way) 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. Accel;)t Subdivision Improvements in Tract No. 94133-F (Located at the Northwesterly corner of Meadows Parkway at Leena Way) 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. Accel~t Substitute Warranty Bond in Tract No. :~4134-~ (Located at the Southeasterly corner of Pauba Road at Margarita Road) 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. :~8544 (Located on the North side of Rancho California Road between Moraga Road and Lyndie Lane)' 10.1 Approve Parcel Map No. 28544 in conformance with the Conditions of Approval. Minutes\09~23107 -5- 10/01197 City Council Minutes Samember 23. 1997 11. "All- Way Sto;)" at Corte Mendoza at Camino Romo and "No Parking" ?one on the Fast side of Camino Romo. South of Corte Mendoza 11.1 Adopt a resolution entitled: RESOLUTION NO. 97-102 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. 97-103 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 12. Award of Pro~essional Services Agreement to RI Tran System. Inc. for the Design of a Communication Software and Purchase of Computer F¢luipment for Implementation of the Citywide Intelligent Traffic Management System. Project No. PW95-16 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 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. 14. Professional Services Agreement with Parsons Rrinckerhoff C)uade and Douglas. Inc. for the Southbound Fxit Ramp Widening at I-15/Winchester Road. Project No. PW97-03 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 1-15/Winchester Road, Project No. PW97- 03, for $109,738, and authorize the Mayor to execute the contract; Minute$~09\23/07 -6- 10/01197 City Council Minutes Scotember 23. 1997 15. 16. 17. 18. 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. Amendment No. 1 to the =Cooperative Agreement between the City of Temecula and the Redevelol;)ment Agencv of the City of Temecuia for Construction and Funding of Winchester Road at Interstate 15. Rridge Widening and Northbound Ramp Iml~rovements ¢Project No. PW94-~1)# dated February 11. 1997 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. Purchase of City Vehicles 18.1 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. Donation to the Diana. Princess of Wales Memorial Fund 17.1 Approve the expenditure of $100 for donation to the Diana, Princess of Wales Memorial Fund. Professional Service Agreements Related to Communitv Facilities District (CFD) No. 88-17 (Ynez Corridor) 1997 Series Bonds 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. Minutes\09~23107 -7- 10/01197 City Council Minutes Sentember 23. 1997 19. Second Reading of Ordinance No. 97-16. Nighttime Curfew for Minors 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 The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Birdsall NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: O COUNCILMEMBERS: None 20. Final Reading of Ordinance No. 97-13. Amending PI=RS Contract 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 13. Professional Services Agreement - City of Temecula and Riverside County Flood Control and Water Conservation District Mowing of Murrieta Creek Public Works Director Joe Kicak presented the staff report. Jeannie Gillen, 30195 Del Rey Road, spoke in support of the agreement and requested the City to encourage Riverside County to consider sedimentation removal under the Rancho California Bridge and the Main Street Bridge. Minutes\09\23107 -8- 10/01/97 City Council Minutes Seotember 23. 1997 It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford, to approve staff recommendation with direction to staff to forward a letter to the County of Riverside encouraging them to undertake additional removal of silt and sand from the creek bottom. 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. The motion was unanimously carried. RECESS Mayor Birdsall recessed the City Council Meeting at 8:33 PM to accommodate the previously scheduled Community Services District and Redevelopment Agency Meeting. The meeting was reconvened at 9:00 PM. PUBLIC HEARINGS 21. Development Code Amendment No. 3. Planning Application No. PA97-0036 Senior Planner Dave Hogan presented the staff report. Mayor Birdsall opened the public hearing at 9:04 PM. Having no requests to speak, Mayor Birdsall closed the public hearing at 9:04. It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to approve staff recommendations 21.1 and 21.2 as follows: 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. 97-17 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 Minutes\09\23107 -9- 10/01/97 City Council Minutes Samember 23. 1997 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) The motion was unanimously carried. COUNCIl BUSINFSS Mayor Birdsall announced that Items 22 and 23 would be removed from the agenda (off calendar), at the request of staff. 22. Abandonment Regardina Remainder. First Street Realignment and Fxtension Project. Gabriel Property ! ocated at First and Front Streets 23. Proposed Resolution of Necessity for Slope Fasement and Tem.0orary Construction Fasement. First Street Realignment and Fxtension Project. Rabriel Property 24. Ordinance Amending Municipal Code Regarding Prima Facie Speed limits on Certain Streets Public Works Director Joe Kicak presented the staff report. Mayor Birdsall asked if she needed to abstain on this item because she rents a building on one of these streets. City Attorney Thorson ruled she does not have a conflict of interest and may participate. It was moved by Councilmember Stone, seconded by Councilmember Ford, to approve staff recommendation as follows: 24.1 Read by title only end introduce an ordinance entitled: ORDINANCE NO. 97-18 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 Minutes\09\23107 -1 O- 10101197 Citv Council Minutes September 23. 1997 ROAD, 3) DEL RIO ROAD BETWEEN FRONT STREET AND VIA MONTEZUMA, 4) WALCOTT CORRIDOR BETWEEN LA SERENA WAY AND NICOLAS ROAD The motion was unanimously carried. 25. Recreational Vehicle Storage in Residential 7ones Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall stated she feels the City should not assume additional responsibility for Homeowners Association CC&R's. Councilmember Stone asked if other cities have been contacted to see how they address this issue. Community Development Director Gary Thornhill stated the vast majority of cities do not get into strong regulation of these issues. City Manager Ron Bradley explained the basic underlying authority on this issue is the California Vehicle Code whose provisions prevent long-term parking on public streets. He stated there are cities who adopt more stringent codes. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to assume no additional responsibility for enforcement of Home Owners Association CC&R's and to direct Code Enforcement not to enforce Section 17.24.020(f) and Section 17.24.050(I). Community Development Director Gary Thornhill, explained that the language on 17.24.050(I) was meant to address vehicles being parked on front lawn areas, and suggested the motion be amended to come back with language that addresses this more clearly. Mayor Pro Tem Roberts amended his motion, and Councilmember Ford amended his second to also direct that the matter of enforcement for vehicles parked in front lawn areas will continue to be vigorously pursued under the City zoning codes and applicable government code sections, until such time as language can be clarified. The motion carried with Councilmember Stone abstaining, stating he would like to have more information before voting on this matter. Minutes\09\23/07 -11 - 10/01/97 Citv Council Minutes Seotember 23. 1997 26. City Council Meeting Schedule - October. November and December 1997 It was moved by Councilmember Ford, seconded by Councilmember Lindemans, to approve the following dates for City Council Meetings in October, November, and December 1997: Month 1st Meeting ~?nd Meeting October November December Tuesday, October 7 Tuesday, November 18 Tuesday, December 9 The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT Tuesday, October 28 Tuesday, November 25 Tuesday, December 16 City Attorney Thorson reported the City Council gave direction regarding litigation in real estate matters, however no final actions were taken. ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to adjourn at 9:38 PM to a regular meeting on October 7, 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\23107 -12- 10101197 ITEM 3 RESOLUTION NO. ~7- A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF TEMECI.~A ,~.~OWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHmlT A CITY COUNCIL OF TH~ CITY OF ~ULA DOES RF_.SOLV~, D~fF.R.MIN~ 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 $1,043,577.87. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 7th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMF_,CULA ) I, June S. Greek, City Clerk of the City of Te, mccula, 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: CO~CILMEMBERS: NOES: COUNCR,MEMBERS: CO~CILMEMBERS: tune S. Greek, CMC/AAE City Clerk 97- 2 CITY OF TEMECULA LIST OF DEMANDS 09/18/97 TOTAL CHECK RUN: 09/'25/97 TOTAL CHECK RUN: 10/07/97 TOTAL CHECK RUN: 09/18/97 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 10/07/97 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 120 165 190 191 192 193 194 210 28O 3OO 320 33O 34O 38O GENERAL FUND DEVELOPMENT IMPACT 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 3OO 320 330 34O 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 BY FUND: GENIE ROBERTS, FINANCE DIRECTOR RONALD E. BRADLEY, $ 227,758.19 145.043.71 524,256.00 146,519.97 $ 1,043,577.87 484,973.40 8,970.94 60,382.75 65,532.06 13,180.30 61.37 16,784.63 452.32 65,930.44 121,354.98 20,1 58.30 15,477.40 16,181.58 7,639.33 0.00 97,764.66 4,557.92 30,514.96 70.44 181.84 2,437.67 991.93 4,563.50 2,840.46 243.15 1,870.82 1 46,519.97 1,043,677.87 · HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 09/18/97 11:29 CiTY OF TE#ECULA VOUCHER/CHECK REGISTER FOR ALL PER](X)S PAGE FUND TITLE 001 GENERAL FU#D 165 RDA DE¥- LOU/!I(~ SET ASIDE 190 CI]qqJN]TY SERVICES DiSTRiCT 191 TCSD SERVICE LEVEL A 1~2 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 19~ TC~) SERVICE LEVEL D 210 CAPITAL ]I~ROVE#E#T PROJ FUND 280 REDEVELOPMENT AGENCY - CiP 300 iNSURANCE FUND 320 ]NFOR#AT]~I SYSTENS 330 SUPPORT SERVICES 3~,0 FACILZTiES AI~UNT 57,007.08 310.69 61.37 8,885.6~ ~52.32 8,458.51 18,391.11 607.60 7,936.17 883.16 1,&56.1& TOTAL 227,758.19 VOUCHRE2 CITY OF TEMECULA 09/18/97 11:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VEIE)OR ITE# ACCOLINT Ntff4BER DATE NUI4BER NAJ4E DESCRIPTZOR NIJ#BER ITEH AHOUNT CHECK AHOUNT 45356 09/12/97 002803 CANTY ENGINEERING GRCX,JP DRAb/ 181-RANCHO CA/I-15 DESIGN 001-1280 6,455.90 6,455.90 45357 09/15/97 001590 CALIFORNIA REDEVELOP#EN CRA AklARDS NG#TNATIOR SUB#ITTA 280-199-999-5250 250.00 250.00 45358 09/15/97 000388 I C B O, INC. ICBO ANNUAL CF:ELMO:9/21-26 001-162-999-5258 &5359 09/15/97 KEITH ANDRE~S MENORIAL DCX~ATZON IN MEMORY OF ANORE~S 001-101-999'5285 355.00 50.00 355.00 50.00 Z00~96 09/15/97 002856 OLD REPUBLIC TITLE COMP 1ST TIME BYR PRGN:GARCIA,SAUL 165-199-999-5~4.9 200~96 09/15/97 002926 RANCH & ~AST ESCROU, I 1ST TIME BYR PGN:HENOERSGN 165-199-999-5~.9 14,900.00 22,600.00 37,500.00 808~36 09/18/97 000283 INSTATAX CZRS) 000~3 FEDERAL 001-2070 808/,36 09/18/97 000283 INSTATAX CIRS) 000283 FEDERAL 165-2070 808~36 09/18/97 000283 ZNSTATAX CIRS) 000283 FEDERAL 190-2070 808~6 09/18/97 000283 INSTATAX CIRS) 00028~ FEDERAL 191-2070 808~36 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 808436 09/18/97 000283 [NSTATAX (IRS) 000283 FEDERAL 193-2070 808~36 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 808~36 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 808~36 09/18/97 000283 INSTAT/g( ([RS) 000283 FEDERAL 300-2070 808436 09/18/97 000283 ]NSTATAX (IRS) 000283 FEDERAL 320-2070 808~36 09/18/97 000283 INSTATAX ([RS) 000?83 FEDERAL 330-2070 808436 09/18/97 000283 INSTATAX (IRS) 000283 FEDERAL 3~0-2070 808~36 09/18/97 000283 ]NSTATAX (IRS) 000283 MEDICARE 001-2070 808~36 09/18/97 000283 ]NSTATAX (IRS) 000283 NED]CARE 165-2070 808~36 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 808~36 09/18/97 000283 ]NSTATAX C]RS) 000283 MEDICARE 191-2070 808~36 09/18/97 000283 ]NSTATAX CIRS) 000283 MEDICARE 192-2070 808~36 09/18/97 000283 INSTATAX (]RS) 000283 MEDICARE 193-2070 80~36 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 19~-2070 808~36 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 808~36 09/18/97 000283 INSTATAX (IRS) 000283 NEDICARE $00-2070 808436 09/18/97 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 808~36 09/18/97 000283 INSTATAX (]RS) 000283 MEDICARE 330-2070 808~36 09/18/97 000283 I#STATAX (IRS) 000283 MEDICARE 3&0-2070 8154~. 09/18/97 OOC~ INSTAT/O( CEOD) 0004~ SOl 001-2070 815~A4. 09/18/97 OOL~ ZNSTATAX CEDD) 00044~ SOl 165-2070 815/~ 09/18/97 0004~,~ INSTATA3( (EDD) O~ SOl 190-2070 815/,~,~ 09/18/97 OOC~-~ [NSTATAX (El)D) 0004~ SOl 193-2070 815~ 09/18/97 000~ ZNSTATAX ¢EOD) 0004~ SO! 280-2070 815~ 09/18/97 000~ INSTATAX (El)D) 0004~ SOl 3~0-2070 815~ 09/18/97 000~4~ INSTATAX CEDO) 000~ STATE 001-2070 815~.~ 09/18/97 0OD4~ INSTATAX CEDD) 000~ STATE 165-2070 815~ 09/18/97 OOLV:~ INSTATAX CEOD) 0004~ STATE 190-2070 815~1r~ 09/18/97 0004~ INSTATAX CEDD) 0004~ STATE 191-2070 815~ 09/18/97 0004~ INSTATAX CEDD) 000~. STATE 192-2070 815~ 09/18/97 0004~ INSTATAX CEDD) 000~ STATE 193-2070 815~ 09/18/97 00~ INSTATAX CEDD) 000~. STATE 19~-2070 815~.~ 09/18/97 OO0~& INSTATAX CEDE)) 000~ STATE 280-2070 815~ 09/18/97 OOL~':~ INSTATAX CEDD) 000~4 STATE 300-2070 15,290.98 735.41 3,657.06 8.94 23.15 302.23 140.27 667.33 55.72 564.56 41.01 228.13 3,630.87 170.58 1, o81.45 2.38 6.17 83.21 36.57 169.59 16.42 120.58 66.32 32.76 7.17 66.68 1.28 2.73 3.28 4,047.93 218.32 781 1.6~ 3.95 60.56 206.51 14.38 27,103.29 "VOUCHRE2 ..09/18/97 11:29 VOUCHER/ CHECK C.HECK VENOOR NUNNER DATE NWINER 8154,~ 09/18/97 0004~ 8154~ 09/18/97 ~ 8154~ 09/18/97 ~ 970915 09/15/97 002911 &5362 09/18/97 000102 ~536~ 09/18/97 001947 &536~ 09/18/97 001323 &5365 09/18/97 000622 45366 09/18/97 ~5~67 09/18/97 ~5~68 09/18/97 45~69 09118197 453~ ~/18/97 ~01~ 45371 ~/18/97 ~1~4 45~ ~/18/97 ~1~ 453~ ~/18/97 0~1~ VENDOR NN4E INSTATAX CEDO) INSTATAX CEDO) INSTATAX CARRIAGE ESCRCRd, INC. AHERICAN FENCE CO. OF C AHERIGAS ARROMNEAD hlATER, ENG. BANTA ELECTRIC-REFRIGER BARNEY, NARY BARTHOLOI, EV, SHARON BO~EN, dULEE BRADY, JAI4ES CSNFO CALIFORNIA BUILDING OFF CALIFORNIA LANDSCAPE HA CALIFORNIA LANOSCAPE HA CITY OF TENECULA VOUCHER/CHECK PEGESTER FOR ALL PERIODS ITEH DESCRIPTION STATE STATE STATE 1ST IIOIEBUYER PROGHAH:NICKLIN FENGE RENTAL AUG/SEPT-PUJOL ST PROPAIdE FUEL FOR CITY VEHICLES DRINKING T/ATER - HAINT FAG. INSTALL RADIO TRANSHITTER REFUND:I4JS!C FOR TODDLERS REFUND:TODI)LER S~[HNiNG REFUND:B~SY GANES REFUND:S~.CURETY DEPOSIT LABELS FOR SENIOR ACCT FLYER SEH:BERG,ZUHA,ROGRIGUEZ 10/20. SPOIITS PARK-#ESC IRR]G.NEPAERS SPORTS PARK-HISC. ZRRIG.REPAIRS ACCOLINT NUI4NER 320-2070 330-20T0 3~0-2078 165-199-999-5~,.9 165-109-812-520~ 001-162-999-57.63 3~A)- 199-701-52&0 001-16~-601-5250 190-18~-&982 190-1~-&982 190-183-&982 091-150-999-5254 001-162-999-5261 190-180-999-521:) 190-180-909-5212 ITEH AHOUNT 129.78 12.19 43.48 13,800.00 18.09 176.31 78.79 985.00 40.00 60.00 29.0Q 100.00 50.00 330.00 715.65 252.20 PAGE 2 CHEC~ ANOUNT 5,659.37 13,800.00 18.00 176.31 70.79 985.00 40.00 29.00 50.00 330.00 VOUCHREZ 09/18/97 11:29 CITY OF TEHECULA VC~UCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NIJMBER DATE NUHBER NAME iTEN DESCRIPTION ACCOUNT NUHBER ITEH N40UNT CHECK AHOUNT 45372 09/18/97 00017.6 45372 09/18/97 000126 45372 09/18/97 00017.6 45372 09/18/97 00017.6 45372 09/18/97 000126 45372 09/18/97 00017.6 45372 09/18/97 000126 45372 09/18/97 000126 45372 09/18/97 000126 CALIFORNIA LANDSCAPE HA CALiFORNiA LANDSCAPE HA CALiFORNiA LANDSCAPE MR CALiFORNiA LANDSCAPE HA CALiFORNiA LANDSCAPE HA CALiFORNiA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA SPORTS PARK-NISC.IRRIG.REPAIRS SPORTS PARK-HISC [RRIG.REPAIRS REHOVE PiNE STUMP-SENIOR CNTR LDSC i14PROVEHENTS-SENioR CNTR blEED SPRAYING - TCND SLOPES VINTAGE HILLS - CLEAN-UP SLOPE R.C. SPORTS PARK- LDSC II4PROV. (4) BOX PEAR TREES KOELREUTERIA TREE 190-180-999-521Z 190-180-999-5212 190-181-999-5~15 190-181-999-5~15 193-180-999-521Z 193-180-999-5212 190-180-999-5415 190-180-999-5415 190-180-999-5415 ~92.69 75.00 113.00 51.00 4,136.00 996.00 150.00 980.00 47.00 ?,808.54 09/18/97 000135 CENTRAL CITIES SIGN SER HiSt SIGNS & HARDb/ARE 001-16~-601-524~ 43.10 43.10 45374 09/18/97 001275 CCX4PUSERVE, INC. AUG CGHPUSERVE INFO SERVICES 320-199-999-5228 9.95 45375 09/18/97 CRAFTGN HILLS COLLEGE FIRE PREV COURSE:H.VINDSOR 001-171-999-5261 36.00 45376 09118/97 CRAZN, KATIE REFUND:BABY GAMES 190-183-4982 29.00 2~.00 45377 09/18/97 002106 DA FANILY SUPPORT 002106 SUPPORT 190-2140 8~.50 82.50 45378 09/18/97 002413 DALEY & HEFT JULY LEGAL SERVICES - CLAIHS 300-199-999-52~6 438.86 45379 09/18/97 DGI41NGUEZ, DANIELLE REFUND:MUSIC FOR TODDLERS 190-183-4982 40.00 45380 09/18/97 001380 E S I EHPLOYHENT SERVIC TEHP HELP C2)WE 8/15 DGNAHGE 001-161-999-5118 45381 09/18/97 00?.390 EASTERN MUNICIPAL gATER DIEGO DR LDSC -HATER SERVICE 193-180-999-5240 2,705.14 575.35 2,705.14 575.35 45382 09/18/97 002802 ELLZS GN(XP, INC. JUL CONSULTING LEGAL SERVICES 001-130-999-5250 4538~ 09/18/97 00?.802 ELLIS GROUP, INC. JUL CONSULTING LEGAL SERVICES 001-130-999-5250 45382 09/18/97 00?.802 ELLIS GROUP, INC. AUG CONSULTING LEGAL SERVICES 001-130-999-5250 45383 09/18/97 002128 ENGINEERING VENTURES, I AUG PROF SRVCS-SIDEUALK INPROV 4538~ 09/18/97 002809 EXPERIAN CREDIT APR FGN RDA 45385 09/18/97 FAILDE, ARLENE 45386 09/18/97 000165 45386 09/18/97 000165 45386 09/18/97 OOO165 45386 09/18/97 000165 45386 09/18/97 000165 45386 09/18/97 000165 45386 09/18/97 000165 45386 09/18/97 000165 45386 09/18/97 OOO165 45386 09/18/97 000165 FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDEUL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, iNC. FEDERAL EXPRESS, iNC. FEDERAL EXPRESS, iNC. FEDERAL EXPRESS, iNC. FIRE SAFETY TRUST 45387 09/18/97 REFUND:HUSIC FOR TODDLERS EXPRESS HAiL SERVICES EXPRESS HAIL SERVICES EXPRESS HAIL SERVICES EXPRESS HAIL SERViCES EXPRESS HAIL SERViCES EXPRESS HAIL SERVICES EXPRESS HAiL SERVICES EXPRESS HAiL SERVICES EXPRESS HAiL SERVICES EXPRESS HAiL SERVICES FIRE PREV ODURSE:H.VINDSOR 210-165-677-5802 280-199-999-5250 190-183-4982 001-16~-60~-5230 001-162-999-5230 280-199-999-5230 001-126-999-5230 001-150-999-5230 280-199-999-5230 001-1280 190-180-999-5230 280-199-999-5230 001-162-999-5230 001-171-999-5261 3,185.00 2,860.00 3,925.00 2,598.75 50.00 40.00 9.69 ~8.08 12.24 6.50 9.69 11.00 8.93 8.75 6.50 37.95 70.00 9,970.00 2,598.75 50.00 40.00 159.~ 70.00 VOUCHRE2 09/18/97 VOUCHER/ CHECK WILBER 45388 45389 45389 45389 4539O 4539O 45391 45392 45392 45393 45394 45395 45395 45395 45396 45396 45397 45397 45397 45397 45397 45397 45397 4539? 45398 45399 45400 45401 45402 45403 45404 45404 45404 45404 45404 11:29 CHECK DATE 09118/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09118/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09118197 09118197 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOIl ALL PERIODS VENOOR VEIIOOR ITEN ACCOUNT ]TEN 'NUI4BER NN4E DESCRIPTION NUI4BER AHOLINT 000166 000166 000166 001135 001135 002894 000643 000643 000184 00018~ 00018~ 001355 001355 000177 000177 000177 000177 OOO177 000177 OO0177 000177 O0O178 001~8 000166 OO2O98 FIRESTOHE, JOHN F. FIRST AHERICAN TITLE CO FIRST A/4ERICAN TITLE CO FIRST AHERICAN TITLE CO FIRST CARE INDUSTRIAL N FIRST CARE INDUSTRIAL N FONTES, JOHNSON & ASSOC FORTNER HARDIdARE, INC. FORTNER HARDWARE, INC. FRED PRYOR SEH]NARS FRED ROTH~ WATER TRU G T E CALIFORNIA - PAYN G T E CALIFORNIA - PAYN G T E CALZFORN]A - PAY'H G T E CALIFORNIA, INC. G T E CALIFORNIA, INC. GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRCOUCT GLENNZES OFFICE PR~OUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GOLDEN STATE TRADING CO HANK I4OHLE & ASSOCIATES HANKS HARDtMRE, INC. HANSON & ASS(X:]ATES HARNON, JUOY I~LISE OF HOTORCYCLES REFUND:CHNiGE IN PERNIT 001-2660 LOT BOOK REPORT:O.T. BANK BLDG Z80-199-999-5250 LOT BCOK REPORT:HAHIMNG 165-199-999-5250 LOT BOG~ REPORT:PENNINGTOR 165-199-999-5250 PRE-EHPLOYHENT PHYSICALS 001-150-999-5250 CREDIT:OVERCHARGE ON FLU SHOTS 001-150-999-5250 RESIDENTIAL REVIEW APPRAISALS 165-199-999-5250 HAINTENANCE SUPPLIES - PARKS NISC SUPPLIES FOR P.W. CREW 19O-180-999-5212 001-164-601-5218 G~R/USAGE SEN:H.SAHA 10/14 001-164-602-5261 REFUND:LAUOHLZN TRIP 190-183-4966 909-506-1941-AUG-TFJ4 TOMI ASN. 909-699-0590-AUG-TEN TGMi ASN. 909-699-2811-AUG-GENERAL USAGE 320-199-999-5208 320-199-999-5208 320-199-999-5208 OPEN LINE TO RIVERSIDE COUNTY 320-199-999-5~8 OPEN LINE TO RIVERSZDE COUNTY $20-199-999-5208 NISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES HXSC. OFFICE SUPPLIES OFFICE SUPPLIES - BLDG& SAFETY OFFICE SUPPLIES GENERAL SUPPLIES FOR CRC OFFICE SUPPLIES - ~ $RVC$ NlSC COHPtJTER SUPPLIES 001-110-999-5220 001-120-999-5220 001-140-999-5220 O01-162-999-5220 190-183-999-5310 190-182-999-5220 190-180-999-5220 320-199-999-5221 HiSt CONPUTER SUPPLIES 320-199-999-5221 AUG PROF SRVCS-TRAFFIC COUNTS 210-165-667-5802 NISC HARDWARE SUPPLIES 001-164-601-5218 (2)VINYL COATED TABLE TOPS 190-180-999-5212 TCSD INSTRUCTOR EARNINGS 190-183-999-5330 REPAIR OF POLICE HOTORCYCLES 001-170-999-521& 345.00 150.00 150.00 150.00 425.00 36.00- 250.00 69.44 56.85 125.00 25.00 54.54 52.73 1,662.83 350.00 315.00 164.20 77.68 133.73 203.45 155.28 11 .&O 689.76 18~.&9 738.70 2,500.00 51 /,69.50 520.64 56.23 ] C N A RETIREIIENT TRUS 000194 DEF ODHP 001-2080 1,588.82. ! C N A RETIREHENT TRUS 000194 DEF COHP 165-2080 18.?S ] C N A RETIREHENT TRLIS 000194 DEF CONP 190-2080 493.75 I C N A RETIRENENT TRUS 000194 DEF ODNP 193-2080 15.61 ] C # A RETIREHENT TRUS 00o194 DEF CONP 280-2080 6.25 PAGE 4 CHECK AHQU~T ' 3~5.00 450.00 389.00 250.00 126.29 125.00 25.00 1,770.10 665.00 1,621.99 738.70 2,500.00 51.6~ ~)9.50 520.64 56.23 VOUCHRE2 09/18/97 11:29 VtXJCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NtJMBER NAME 4540~ 09/18/97 00019~ I C # A RET]REHE#T TRUS 45405 09/18/97 001407 INTER VALLEY PCX)L SUPPL 454O6 09/18/97 OOO199 INTERNAL REVENUE SERVIC 4540? 09/18/97 JARVIS, CHRISTINE 45408 09/18/97 000203 JOBS AVAILABLE, INC. 45409 09/18/97 KEEN ,KATIE 45410 09/18/97 00224~ KEIRSEY, CYNTHIA 45411 09/18/97 001667 KELLY TEMI)(~4RY SERVICE 45411 09/18/97 001667 KELLY TEMPORARY SERVICE 45411 09/18/97 001667 KELLY TEHPORARY SERVICE 45411 09/18/97 001667 KELLY TEHPOIL4RY SERVICE 45412 09/18/97 KELLY, TOHId]E 45413 09/18/97 002023 KING, WENDE 45414 00/18/97 000380 LAIDLAg TRANSIT, INC. 45415 09/18/97 LANG, BETH 45416 09/18/97 001115 LAURENCE, P.E., A.C. 45417 09/18/97 002282 LIEBER, CAROM 45418 09/18/97 LIEBZEIT. LESLIE 45419 09/18/97 002929 M & M AIR CONDITIONING 45420 09/18/97 000553 NA61C MOUNTAIN 45421 09/18/97 002632 NAIL BORES ETC. 45422 09/18/97 MCCLURE, MICHELE 45423 09/18/97 00138/, MINUTEMAN PRESS 45423 09/18/97 00138~ MINUTEMAN PRESS 45424 09/18/97 002548 I~RIS SR., STEWART M. 45425 09/18/97 HOSE, TINA 45426 45427 09/18/97 0007'27 NATIONAL FIRE PROTECTIO 09/18/97 002292 OASIS VENDING CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000194 DEF COHP POOL SANITIZING CHEMICALS 000199 IRS OARN REFUND:BABY GAMES ADVERTISING-NAINT SUPERVISUR REFUND:MUSIC FOR BABIES TUITION REIMB:SCACEO CLASSES TEMP HELP W/E 8/31CHIJDY TEMP HELP W/E 8/31CHUDY TEMP HELP ~/E 8/31 MILES TENP HELP ~/E 8/31 MILES REFUND:KINDERGARTEN ART TCSD INSTRUCTGIt EARNINGS S.D. ICE ARENA-DAY CAHP TRIP REFUND:KINDEROARTEN ART AUTOCAD-MARG/SOLANOSIONAL TCSD INSTRI. K:TUR EARNINGS REFUND:BABY GAMES RESIDENTIAL IMPRVMBT:~HITE,A. AUG TICKET SALES AUG DAILY NAIL DELIVERY REFUHD: SWI!OlIHG LESSONS CORRECTION NOTICE FOR 8&S 8USINESS CARDS:K.CUHHINGS TCSO INSTRUCTOR EARNINGS REIMB:TRAVEL COST-SR. ACCTNT NAT;L FIRE CODE KS SUBSCRIPT COFFEE/VENDINGSERVIC:ES ACCOUNT NUMBER 34,0-2080 190-182-999-5212 001-2140 190-183-4982 001-150-999-5254 190-183-4982 001-162-999- 5261 001-163-999-5118 001-164-604-5118 001-163-999-5118 001-164-604-5118 190-1~3-4982 190-183-999-5~J0 190-183-999-53~0 190-183-4982 210-165-651-5802 190-183-099-5330 190-183-&982 165-199-813-580~ 190-183-4980 330-199-999-5230 190-183-4975 001-162-999-5272 001-162-999-5222 190-183-999-5330 001-140-999-57.60 001-171-999-5228 3~0-199-701-5250 ITEM AI~T ~.14 337.47 310.O6 29.00 64.80 40.00 200.00 140.40 91.00 2~.00 31.50 201.~ 31.50 1,000.00 1~.00 1,~0.00 239.40 115.50 ~.00 41.21 112.00 149.50 450.00 414.~ PAGE 5 CHECK AM(3UNT 2,201.32 337.47 310.06 29.00 64.80 40.00 200.00 551.20 31.50 201.60 346.83 31.50 1,000.00 160.00 29.00 1,400.00 239.40 115.50 109.&6 112.00 149.50 450.00 414.69 VOUCHRE2 09118/97 VOUCHER/ CHECK NUImER 45428 45429 45429 45430 45431 45432 454~ 11:29 CHECK DATE 09118/97 09118/97 09/18/97 09/18/97 09/18/97 09118/97 09/18/97 002105 002105 001354 002216 001243 CIDDO, KATHY OLD TOMI TIRE & SERVICE OLD TGMi TIRE & SERVICE P C MAGAZINE p F C UNLZNITED PALMQUIST, NARY PARRA, JARILYN CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND: BABY GAHES CITY VEHICLE REPAIRS & NAINT CITY VEHICLE REPAIRS & NAINT CCXqPUTER MAG&ZINE SUBSCRIPTION REPAIR CRC CASHIER'S WlNDOb/ TCSD INSTRUCTOR EARNINGS REFUND: SUIHNZNG LESSOtIS 45434 09/18/97 000246 PERS (EMPLOYEES' RETIRE 00O2~6 PEPS PET 45434 09/18/97 000246 PERS (EMPLOYEES' RETZRE 00O2~6 PERS RET 45434 09/18/97 00O2~6 PERS CEI4PLOYEES' RETIRE 000246 PEPS RET 45434 09/18/97 00O2~6 PERS ¢ENPLOYEES' RETIRE 000246 PEPS PET 45434 09/18/97 0002~6 PERS (EHPLOYEES' RETIRE 00O2~6 PERS RET 45434 09/18/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET 45434 09/18/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET 45434 09/18/97 00O2~6 PERS (EMPLOYEES' RETIRE 00O2~6 PERS RET 45434 09/18/97 009246 PERS ¢EI4PLOYEES' RETIRE 000246 PERS RET 45434 09/18/97 00O246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 45434 09/18/97 00O2~6 PERS (EHPLOYEES' RETIRE 0002~6 PERS RET 45434 09/18/97 00O246 PERS (EHPLOYEES' RETIRE 00O246 PERS-PRE 45434 09/18/97 00O2~6 PERS (EMPLOYEES' RETIRE 00O246 SURVIVOR 45434 09/18/97 000246 PERS (EHPLOYEES' RETIRE 000246 SURVIVOR 45454 09/18/97 000246 PEPS CEHPLOYEES' RETIRE 000246 SUNVIVOR 45434 09/18/97 00O246 PERS CEHPLOYEES' RETIRE 000246 SURVIVOR 45434 09/18/97 000246 PERS CEMPLOYEES' RETIRE 000246 SURVIVOR 45434 09/18/97 000246 PEPS CEHPLOYEES' RETIRE 000246 SURVIVOR 45434 09/18/97 000246 PERS CEHPLOYEES' RETIRE 000246 SURVIVOR 45434 09/18/97 000246 PERS CEILDLOYEES' RETIRE 000246 SURVIVOR 45454 09/18/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR &5434 09/18/97 000246 PERS (EK°LOYEES' RETIRE 000246 SURVIVOR 45434 09/18/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 45435 09/18/97 001958 PERS LONG TERN CARE PRO 001958 PERS L-T PETER-BUILT HC~4ES/PACIT PETERSOR, IMRY PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH OO279O 45436 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 45437 454~ 454~ 45438 45~ 454~ 454~ 454~ 454~ 000249 OOO249 000249 00O2&9 OO0249 000249 OOO249 000249 4th DRAU FOR STAGE STOP REFUND: GROUP GOLF LESSOIlS PETTY CASH REIMBURSEHENT PETTY CASH REIHBURSEHENT PETTY CASH REIMBURSEMENT PETTY CASH RE]I4BURSEHENT PETTY CASH REIMBURSEHENT PETTY CASH REIHBURSEHENT PETTY CASH REIHBURSEHENT PETTY CASH REIHBURSEHENT ACCOUNT NUHBER 190-18~-4982 001-16~-601-5214 190-180-999-521& 320-199-999-5228 190-182-999-5212 190-1~3-9e9-533o 190-183-4982 001-2390 165-2390 190-2390 191 1~2-2390 193-2390 194-2390 280-2390 300-2390 32o-239o 340-2390 001-2130 001-2390 165-2390 191-2390 192-2390 280-2390 300-2390 320-2390 340-2390 001-2122 280-1520 190-183-4982 001-101-099-5280 001-161-999-5263 001-101-999-5280 001-110-99i)-5260 001-101-999-5280 001-161-9e9-5260 001-100-999-5260 280-199-999-5200 ITEM ANOUNT 29.00 1,0~.15 196.29 29.97 242.~ 333.60 40.00 16,636.39 664.40 3,179.52 11 .O2 27.21 331.16 16~.05 765.91 76.76 551.6~ 223.55 313.17 73.11 1.75 13.85 .05 .14 1.54 .84 2.&3 ./6 1.86 1.25 49.85 14,999.86 50.00 35.05 16.96 18.69 23.65 4~ 24.26 30.00 18.21 PAGE 6 CHE~ AJ40UfiT 29.00 1,240.44 29.97 242.44 333.60 ~0.00 23,0~,2.06 49.85 14,999.86 50.09 VOUCHRE2 09/18/97 VOUCHER/ CHECK NIJNBER 45438 45438 45438 45438 45438 45438 45438 45438 45438 45438 45438 454~ 454~ 454~ 45438 45438 45438 45438 45438 45438 45438 45438 45438 45438 45438 45438 45438 45438 4544O 45441 45441 45441 45441 45441 45442 45442 45443 45444 45444 45444 45444 45444 45444 45444 45444 11:29 CHECK DATE 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 O9118197 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 O9/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/1.8/97 09/18/97 09118/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 VEIN)OR NUI4BER OO0249 OO0249 OOO249 OOO249 000249 OOO249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000253 OOO253 000253 000253 000253 000254 000254 002110 002776 002776 002776 002776 002776 002776 002776 0027/6 002776 PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY rASH PETTY CASH PETTY CASH PETTY CA.SH PETTY CASH PETTY CASH POLICE EXEC. RESEARCH F POSTIMSTER POSTIMSTER POSTI4ASTER POSTHASTER POSTIMSTER PRESS-ENTERPRISE COHPAN PRESS-ENTERPRISE CO#PAN PRIME EQUIPMENT PRIKE HATRIX, INC. PRIKE MATRIX, INC. PRIHE HATRIX, INC. PRIHE HATR!X, INC. PRIHE IMTRIX, INC. PRIHE HATRIX, INC. PRIKE HATRIX, INC. PRIHE HATRIX, INC. PRIKE HATRIX, INC. CITY OF TEHGCULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEH DESCRIPTION PETTY CASH REIHBURSEHENT PETTY CASH REIMBURSEHENT PETTY CASH REIHBURS~HENT PETTY CASH REIHBURSEHENT PETTY CASH REIHBIJRSEKENT PETTY CASH REIMBURSEKENT PETTY CASH REIKEIJRSEHENT PETTY CASH REIHBURSEKENT PETTY CASH REIHBURSEKENT PETTY CASH REIHBURSEKENT PETTY CASH REIMBURSEKENT PETTY CASH REIMBURSEKENT PETTY CASH REIHBURSEKENT PETTY CASH REIHBURSEHENT PETTY CASH REII4BURSEKENT PETTY CASH REIHBURSEKENT PETTY CASH REIMBURSEHENT PETTY CASH REIHBURSEHENT PETTY CASH REIKEURSEKENT PETTY CASH REIMBURSEHENT PETTY CASH REIMBURSEKENT PETTY CASH REIMBURSEKENT PETTY CASH REIHBURSEKENT PETTY CASH REIHBURSEKENT PETTY CASH REIMBURSEKENT PETTY CASH REIMBURSEHENT PETTY CASH REIMBURSEHENT PETTY CASH REIKEURSEHENT POP CF:SGT ALH-OFCR Mlk'E:11/15 EXPRESS HAIL & POSTAL SERVS EXPRESS HAIL & POSTAL SERVS EXPRESS HAlL & POSTAL SERVS EXPRESS HAIL & POSTAL SERVS EXPRESS HAIL & POSTAL SERVS PUBLICE NOTICE: 97-14 PUBLIC NOTICE: 97-13 EQUIP RENTAL FOR PU HAINT CREV SC-5001317-6 JS SC-5001:339-0 KL SC-5002361-3 PB SC-5001383-8 RR SC-5001322-6 RB SC-5001375-4 dG SC-50013T3-9 TE SC-5001207-9 BB SC-5003835-5 BLAZER ACCOUNT NUMBER 001-120-999-5222 190-180-999-5222 190-180-999-5260 001-164-604-572)0 001-140-999-5220 001-140-999-5260 001 - 140-999-5260 190-183-999-5340 001-140-999-5250 001-150-999-5265 001-150-099- 5260 190-1~-999-5301 001-1M-601-5214 100-184-999-5301 001-100-999-5260 190-182-099-5212 190-180-099-5260 001-161-099-5260 001-170-999-5242 001 - 140-090-5220 001-164-601-5214 001-164-601- 5242 001-162-999-5260 001-161-999-5214 001-161-999-5220 001 - 150-099-5222 001 - 120-999-5~. 001-140-999-5222 001-170-999-5261 001-165-999-5230 001-164-604-5230 001-120-999-5230 001-161-999-5230 001-161-099-5230 001-120-999-5256 001-120-999-5256 001-164-601-5238 001-100-09~-52OR 001-100-909-52OR 001-100-999-5208 001-100-099-5208 001-110-999-5208 001-120-999-5208 001-162-999-5208 001-164-601-5208 001-164-601-5208 ITEM AMOUNT 5.39 5.39 32.09 1.50 13.12 16.14 39.47 50.00 34.02 17.59 17.34 32.93 12.59 41.32 35.00 50.69 20.00 25.75 37.70 10.71 14.20 30.74 20.00 8.43 9.67 9.06 13.58 7.55 770.00 11.95 10.75 32.25 52.09 4.81 7.50 7.75 794.81 61.39 47.51 38.32 39.32 51.70 32.78 49.95 58.88 64.96 PAGE 7 CHECK N40UNT 823.24 770.00 111.85 15.25 794.81 VCUCHRE2 09/18/97 VCUCHER/ CHECK NUHBER 45444 45444 45444 45444 45444 454~4 45444 45444 45444 45444 45444 45/45 45~46 45446 45~46 45446 45447 45447 45447 45447 45447 45448 45448 45448 45448 45448 45448 45448 45448 45~9 45450 45451 45451 45451 45452 45453 45453 45453 45453 45453 45453 45453 11:29 CHECK DATE 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/10/97 09118/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 09/18/97 VEHOOR NUHBER 002776 002776 002776 002776 002776 00277'6 002776 002776 002776 002776 002776 OOO635 0009~7 0009~7 000947 000947 000262 OOO262 OOO262 OOO262 000262 OOO9O7 OOO9O7 OOO90? OOO9O7 OOO9O7 OOO9O7 000907 000907 001500 001365 000815 000815 000815 002034 NAFE PRIFE HATRIX, INC. PRIME HATRIX, INC. PRIFE HATRIX, INC. PRIME HATRIX, INC. PRIME HATRIX, 'INC. PRZFE IMTRIX, INC. PRZFE HATRIX, INC. PRIFE IMTRIX, INC. PRIME IMTRIX, INC. PRIME HATRIX, INC. PRIME IMTRIX, INC. R & J PARTY PALACE RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO CALIFORNIA UATER RANCHO CALIFORNIA UATER RANCHO CALIFORNIA UATER RANCHO CALIFORNIA UATER RANCHO CALIFORNIA WATER RANCHO CAR UASH RANCHO CAR UASH RANCHO CAR WASH RANCHO CAR WASH RANCHO CAR LIASH RANCHO CAR UASH RANCHO CAR UASH RANCHO CAR UASH REGIONAL TRAINING CENTE RIVERSIDE CO. ENVIRONHE RC~LEY, CATHERINE RC~LEY, CATHERINE RO~.EY, CATHER]BE SAN DIEGO, CITY OF SECURE BUSINESS COlI, IUNI SECURE BUSINESS COMMUNI SECURE BUSINESS CCII4UNI SECURE BUSINESS COHI4UN! SECURE BUSINESS COMMUNI SECURE BUSINESS COMMUN! SECURE BUSINESS COMIIJId] CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SC-5001237-6 SC-5001220-2 IPd HAINT SC-5001251-7 KH SC-5001348-1 ~ SC-50013~9-9 TCSD POOL TRUC~ SC-5001367-1 SN SC-5001377-0 SR VAR SC-5002330-8 CITY VAN SC-5001202-0 INF SYS SC-50039&8-6 INFO SYS SC-5002401-7 TH RAR-B-QUE FOR SR CENTER EVENT BLUEPRINTS'TRAFFIC SIGNAL BLUEPRINT'TRAFFIC SIGNAL BLUEPRINT FOR RANCHO CAL/Z-15 BLUEPRINTS AND NISC SUPPLIES 01-06-30205-0 SIXTH ST 01-06-30206-0 SIXTH ST VARIOUS WATER FETERS VARIOUS UATER FETERS VARIOUS UATER FETERS VEHICLE DETAILING & NAINT. VEHICLE DETAILING & HAINT. VEHICLE DETAILING & HAINT. VEHICLE DETAILING & HAINT, VEHICLE DETAILING & HAINT. VEHICLE DETAIUNG & HAINT. VEHICLE DETAILING & NAINT. VEHICLE DETAILING & NAINT. BASIC GRAMHAR REVIEU 10/21/97 TCC HEALTH PER#IT-Z8816 PUJOL TCSO INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSO INSTRUCTOR EARNINGS PLAINT GN POLICE RADIOS 15 DEG TOP HODULE UEDGE 14' TOP HCX)ULE SIDE PANELS END TOP PANEL SIDE PANEL FOR BASE UNIT SHELF FREIGHT ACCOUNT NUMBER 001-164-604-5208 001-164-601-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-181-999-5301 210-165-640-580~ 210-165-640-5804 210-165-601-580~ 330-199-999-5220 001-16~-603-5240 001-164-603-52&0 190-180-999-52&0 191-180-999-5240 193-180-999-52&0 001-162-999-5214 3~0-199-fi)1-5214 001-163-099-5214 001-163-999-5263 001-161-999-5214 001-161-999-5263 001-164-604-5214 190-180-999-5214 190-180-999-5261 190-180-999-5250 19o-183-999-533o 19o-183-999-533o 190-183-999-5330 001-170-999-5215 320-199-999-5242 320-199-999-52&2 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 320-199-999-5242 ITEM M4GUNT 43.64 43.80 ~..02 67.22 52.18 76.~9 3~.32 27.72 80.42 27.72 40.74 85.0~ 18.13 7.25 2,33~.38 43.10 60.60 31.56 1,554.71 241.55 2,356.89 50.00 5.00 20.00 8.86 12.95 13.90 5.00 10.00 95.00 326. O0 240.00 120.00 180.00 37.57 19~.00 4~2 94.00 42.00 108.00 52. O0 75.00 PAGE 8 CHECK AHOUNT 983.38 85.0~ 2,402.86 4,245.31 125.71 95.00 326. O0 540.00 37.57 VIXJCHRE2 CiTY OF TEIdECULA 09/18/97 11:Z9 VOUCHER/CHECK REGISTER FO~ ALL PERI(X)S PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR iTEM NUMBER DATE NLIff~ER NAME DESCRiPTioN ACCOUNT NUIdBER iTEM AMOUNT CHECK AMOUNT 45453 09/18/97 00238~ SECURE BUSINESS C(~i SALES TAX 320-199-999- 5242 ;2.23 1,079.23 45454 09/18/97 000519 S~UTH COUNTY PEST CONTR PEST CONTROL SERVICES - CRC 45454 0~/18/97 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVZCES - TCC 190-182-~99-5250 190-18~-999-5250 42.00 ~.00 TS.00 45455 09/18/97 000537 45455 09/18/97 000537 45455 09/18/97 000537 SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON 2-00-397-5059 VARIOUS HETERS 2-02-351-5281 RANCHO VISTA 2-02-351-6800 VARIOUS METERS 45456 09/18/97 001:'12 SOUTHERN CALIF GAS 00MP 021 725 0775 SR CENTER 45456 09/18/97 001212 ~WTHERN CALIF GAS 00MP 0~1 0:)4 9300 CRC 45456 09/18/97 001212 SOUTHERN CALIF GAS CONP 101 525 0950 TCC 45456 09/18/97 001212 SOUTHERN CALIF GAS CC~P 133 I)&O 7'37'3 CITY HALL 19<)- 180-999-5:)40 190-18:)-999-5:)40 191-180-999-5240 190-181-999-52&0 190-182-999-5:)40 190-18~-999-52~ 340-199-701-5:)40 17,790.12 5,217.16 45.11 23.76 149.79 :)5.93 21.58 23,052.39 221.06 45457 09/18/97 000303 SYSTEM Z/90 PANEL MOUNT NAHEPLATES 340-199-701-5250 45457 09/18/97 000303 SYSTEM 2/90 MINUS 10~ DISCOUNT 340-199-701-5250 45457 09/18/97 000303 SYSTEM 2/90 FREIGHT 340-199-701-5250 45457 09/18/97 000303 SYSTEM 2/90 SALES TAX 340-199-701-5250 96.00 9.60- 4.00 6.70 97.10 45458 09/18/97 002177 TENECULA SISTER CITIES RECEPTION:MAYOR OF VOONBIJRG 001-101-999-5:)80 108.43 108.43 45459 09/18/97 000307 TENE00LA TROPHY CO. 45459 09/18/97 000307 TENESULA TROPHY 00. ENGRAVED CLOCK - SISTER CITIES 001-101-999-5280 SALES TAX 001-101-999-5280 94.20 7.30 101.50 45460 09/18/97 002769 T00D'S FENCING RESIDENTIAL IMPORV PROGRM:BASS 165-199-813-580~ 45461 09/18/97 002875 TRAFFIC CONTROL SERVICE NI$C NAINT SUPPLIES FOR PI/ 001-164-601-5218 45~61 09/18/97 002875 TRAFFIC CONTROL SERVICE SALES TAX 001-164-601-5218 45462 09/18/97 002580 TRUELINE PALA PARK/TENNiS COURT REPAIR 190-160-999-5212 1,485.62 519.00 40.22 1,585.00 4~ 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF 00MP 001-2080 3,514.03 45~ 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF C:(X~P 165-2080 181.50 45~)3 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF 00MP 190-:)080 1,074.31 45463 09/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF C~P 192-2080 .75 45463 09/18/97 001065 U S C M /PEB$00 (DEF. C 0010~5 DEF ~ 193-2080 6.23 45/~3 09/18/97 0010~5 U $ C M /PEBS00 (DEF. C 0010~5 DEF CONP 194-2080 85.63 45663 09/18/97 0010~5 U S C M /PEB$CO (DEF. C 001065 DEF ~ Z80-2080 348.16 45~63 0~/18/97 001065 U S C M /PEBS00 (DEF. C 001065 DEF cQqP 300-2080 5.00 45~ 0~/18/97 0010~5 U S C # /PEBSCO (DEF. C 0010~5 DEF 00NP 320-2080 56:).50 45Z~3 09/18/97 001065 U $ C # /PEBS00 (DEF. C 001065 DEF ~ 340-Z080 1.50 454~, 09/18/97 000389 U $ C # /PEBS00 COBRA) 000389 PT RETIR 001-:)160 491.50 4546~ 09/18/97 000~ U s C M /PEBSCO C(~RA) 000389 PT RETIR 165-:)160 107.64 45666 09/18/97 ~ U S C M /PEBS00 (O~A) 000389 PT RETIR 190-21~0 1,000.?,?. 45464 09/18/97 000389 U S C M /PEBS00 (OBRA) 000389 PT RETIR 193-:)160 19.10 4546~ 09/18/97 000389 U S ¢ M /PEBSCO (ORRA) 000389 PT RETZR ~80-2160 40.92 45464 09/18/97 000389 U S C M /PEBS00 ¢ORRA) 000389 PT RETIR 340-2160 49.14 45465 09118/97 002396 U S LONG DISTANCE, INC. LONG DISTANCE TELE00N PROVIDER 320-19~-~-5208 1,314.49 1,485.6:) 559.22 1,585.00 1,708.52 1,314.49 VOUCHRE2 09/18/97 11:29 VOUCHER/ CHECK CHECK VEI~ NUMBER DATE NUMBER 45466 09/18/97 000325 45466 09/18/97 000325 45466 0~/18/97 000325 45467 09/18/97 0007~2 45468 09/18/97 002566 45468 09/18/97 002566 45469 09/18/97 45470 09/18/97 001342 4547'0 09/18/97 001342 45470 09/18/97 001342 45470 09/18/97 001342 45470 09/18/97 001342 45470 09/18/97 001342 45470 09/18/97 001342 45471 09/18/97 002109 45472 09/18/97 000.%5 NN4E UNITED VAY UNITED gAY UNITED VAY UNIVERSITY OF CA:RVSD E VALLEY MICRO COHPt. ITERS VM. LEY MICRO COMPUTERS VISCOXI, CINDY t, IAXIE SARITARY SUPPLY, IMXlE GARITARY SUPPLY, VAXIE S~iITARY SUPPLY, VAXIE S&NITARY SUPPLY, WAXIE SANITARY SUPPLY, VAXIE EANITARY SUPPLY, IMXlE SANITARY ~LIPPLY, ~HITE CAP XEROX COXPORATIOX BILLI CITY OF TEHECULA VOUCHER/CHECK REGISTER FCR ALL PERISOS ITEM DESCRIPTION UL/ 000325 U~ 000325 U~ INNOVATIVE RESEARCH CF:9/16-17 MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES REFUND: KINDERGYM CLASS MAINT SUPPLIES - CITY HALL BLDG HAINT SUPPLIES - CRC HAINT SUPPLIES - SR CENTER NAINT SUPPLIES - TC~D PARKS MAINT StJPPLIES - TCC NAINTENARCE SUPPLIES - CRC MAINTENANCE SUPPLIES - SR CNTR MAINT SUPPLIES FOR I~ MAINT COPIER SUPPLIES FOX CITY HALL ACCOUNT NUMBER OOl-2120 165-2120 190-2120 2OO- 199-999-5270 320-1~9-999-5221 320-199-999-5221 190-183-498Z 340-199-701-5212 190-182-999-5212 190-181-999-5212 190-180-999-5212 190-104-999-5212 190-182-999-5212 190-181-999-5212 001-16~-601-5218 330-199-999-5220 ITEM N~UNT 97.00 5.OO 17.00 500.00 13 48.49 33.00 1~8.19 110.01 228.30 270.45 121.04 304.40 156.88 110.90 PAGE 10 CHECK AMOUNT 119.00 500.00 62.44 33.00 1,339.27 110.90 667.OO TOTAL CHECKS 227,758.19 VOUCHRE2 PAGE 8 09/25/97 13:27 CITY OF TE#ECULA VOUCHER/CHECK REGISTER F~ ALL PER]00S FUND TITLE 001 6EliERAL FUND 120 DEVELOPgENT INPACT FUND 165 RDA DEV- LOWgOD SET ASIDE 190 CO#NUNITY ~RVICE$ DISTRICT 191 TCSD SERVICE LEVEL A TC~ SERVICE LEVEL C 210 CAPITAL INPROVE#ENT PROd FUND 280 REDEVELOPgENT AGENCY - CIP INFORI4ATION SYSTENS SUPPORT SERVICES FACILITIES TOTAL AHOUNT 42,427.65 8,9i'0.9& 3,375.6? 10,~22.70 12,869.61 7,898.99 25,878.88 12,5~6.50 7,5&l.Z3 6,9~.35 6,183.19 1~5,043.71 VOUCHRE2 09/25/97 VOUCHER/ CHECK NIJHBER 45473 45474 4547~ 45478 45478 45478 45479 45479 45480 45481 45482 45482 45482 4548~ 45484 45485 45486 45487 45487 45488 45489 45489 45490 45491 45492 45492 45492 45493 45493 45494 45495 13:27 CHECK DATE 09/19/97 09/23/97 09/24/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 O9/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09125197 09/~5/97 O9/25/97 0~125197 0~125197 09/25/97 09125197 09/25/97 09/25/97 VENDOR VENDOR NUHBER NANE 0022/~ KEIRSEY, CYNTHIA 002072 RANCHO CAL[F WATER DIST 000740 PICCA DELl ACCOMODEX ACCOMODEX iNC ACCOMODEX INC 002847 ARERICAN CABINET CONPAR 002847 ARERXCAN CABINET CONPAN 0001~5 ASCON HASLER MAILING SY 000122 B S N SPORTS 000~22 BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFR[GER BANTA ELECTRIC-REFRIGER BARRY, DESIREE 002093 BERRYMAN AND HENIGAR 002878 BUSINESS INFORHATIOR SY 0020~9 BUTTERFIELD ENTERPRISES 002938 CALBIO SUMMIT '"97 002938 CAL810 SIJN#IT "97 000152 CALIFORNIA PARKS & RECR 000135 CENTRAL CITIES SION SER 000135 CENTRAL CITIES SION $ER 001555 CHRISTOPHERSON FIRE PRO 002037 CON-AID, INC. 001193 CONP USA, INC. 001193 CONP USA, INC. 001193 CONP USA, INC. CRAFTON HILLS COLLEGE CRAFTOR HILLS COLLEGE 0029~4 CUllINGS, KHRISTI 000518 DEL RIO CARE ANIMAL HOS CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TUITION REINB:SCACEO CLASSES WTR METER DEPOSIT:VIA EDVARDO OLD TI,/N ENTERTAINMENT PRJT MTG REFUND:PUBLIC FACILITY DEPOSIT REFUND=PUBLIC FACILITY DEPOSIT REFUND:PUBLIC FACILITY DEPOSIT ST;I~ - BUTCHER BLOCK ISLAND $Tf~ o MAILBOXES POSTAGE METER RENTAL QTR 2 SPORTS&TEEN GAHE AREA EGUIPHNT MAINT FACILITY INSTALL A/C ELECTRICAL SERVICES - PARKS ELECTRICAL SERVICES - PARKS REFUND:PARK RENTALS AUG PROF SRVCS-PAVEMENT MGMT COMPUTER TRAINING:8/26 & 8/28 SEPT RESTROOH RENTAL OLD TOUN CITY BOOTH SPONSORSHIP 10/09 CITY BOOTH SPONSORSHIP 10/09 JOB ANNOUNCEMENT IN CPRS NISC SIGNS & HARDWARE NISC SIGNS & HARDgARE FIRE SYSTEM SERVICE - T.C.C. #ZSC REPAIR & MAINT OF EQUIP COMPUTER TRAiN]NG:7/29 & 9/15 COMPUTER TRAINING:7/Z9 & 9/15 COHPUTER TRAINING (6) DATES COLLEGE FEES FIRE PREV CLASS COLLEGE FEES FIRE PREV CLASS REIMB:FIRE INSP. CLASSES/BOOKS POLZCE K-9 MEDICAL TREATMENT ACCOUNT NUMBER 001-162-999-5261 210-165-6~8-580~ 001-110-999-5260 120-2~80 120-199-4242 120-199-4245 210-190-626-5610 210-190-626-5610 330-199-999-5239 190-182-999-5301 340-199-702-5250 190-180-999-5212 190-180-~-5212 190-183-4988 210-165-669-5802 320-1~-99~-5261 280-199-~9-5212 280-199-999-5270 280-1270 190-180-999-5254 001-1(~-~01-52~ 001-1(~-601-52~4 199-184-9~-5250 320-199-999-5215 320-199-999-5261 320-199-99¢)-5261 320-199-999-5261 001-171-~-5261 001-171-g99-5261 001-171-999-5261 001-178-~-5327 ITEM A~XINT 200.00 9,600.00 43.10 10,000.00 4,9/~.. 14- 790. O0 360. O0 218.19 23.16 4,385.00 59. O0 150.00 40.00 2,7'96.66 1,200. O0 826. O0 1,000. O0 2,000.00 106.25 318.94 96.98 79.01 331.87 130.00 900.00 600.00 36.00 36.00 341.16 38.73 PAGE 1 CHECK AMOUNT 200.00 9,600.00 43.10 4,767.94 1,150.00 218.19 23.16 4,594.00 40.00 2,1'96.66 1,200.00 826.00 3,000.00 106.25 415.92 79.01 331.87 1,630.OO 341.16 VOUCHRE2 09/25/97 VOUCHER/ CHECK NUMBER 45496 45497 45498 45499 45500 45500 45500 45501 45502 45502 45503 45503 45503 45503 45503 45503 45503 45504 45504 45504 45505 45505 45506 45506 45506 45506 455O6 45507 45508 45509 45509 45509 45509 45510 45510 45510 45510 13:27 CHECK DATE 09125197 09/25/97 09125197 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09125197 09125197 09125197 09125/97 09/25/97 09125197 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09125197 09125/97 09125/97 09125/97 O9125/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09~25~97 09/25/97 09~25/97 VENDOR NUMBER 002922 001669 001380 001380 001380 002189 002060 002060 001056 001056 001056 001056 001056 001056 001056 000165 000165 000165 0O0184. 000184 000184 00018~ 0O018~ 002545 OOO351 000351 000351 00O351 000192 000192 000192 000192 VENDOR NAME DIANA, PRINCESS OF WALE DOT CITY DOUBLE D PIPELINE, INC. DUNN EDWARDS CORPORATIO E S Z EMPLOYMENT SERVIC E S I EMPLOYMENT GERVIC E S I EMPLOYMENT $ERVIC EL CHICANO EUROPEAN DELl & CATERIN EUROPEAN DELl & CATERIN EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANOSCAPE EXCEL LANDSCAPE FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FIRE SAFETY TRUST FIRE SAFETY TRUST G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYH G T E CALIFORNIA ' PAYM G T E CALIFORNIA ' PAYM G T E CALIFORNIA - PAYM G. T. TUCKER, INC GAMBLE, MARK S. GILLISS, MAX C.M. GILLISS, MAX C.M. GILLISS, MAX C.M. GILLISS, MAX C.N. GLOBAL COMPUTER $UPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER $UPPLIE CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERI(lOS ITEM DESCRIPTION DONATION:DI,PRINCE$S OF WALES LG PRINT/BRAILLE INFOR RE:TCED REPAIR BROKEN HYDRANT AT CRC RECYCLED PAINT:GRAFFITI REMOVL TEMP HELP (2)g/E 8/29 DORAHOE TEMP HELP (2)W/E 9/12 DGNAHGE TEM~-HELP (2)W/E 9/12 J.DIAZ PUBLIC NOTICE:INVITING BIDS CATERING'R.CREEK APTS EVENT CATERING'R.CREEK APTS EVENT REMOVE bEEDS 8 YNEZ/JOSEPH RD R.C.SPORTS PARK:SPRAY CHANNEL ROTARY P~K LDSC IMPROVEMENTS SADDLEI, K)OD REPAIR MAINLINE SIGNET SERIES-REPAIR HAINLINE WINCH. CREEK-REPAIR MAINLINE SAN HICKS PLANT LANDSCAPING EXPRESS HAlL SERVICES EXPRESS NAIL SERVICES EXPRESS MAIL SERVICES FIRE PREV CLASS:WINDSCR DEC/JA FIRE PREV CLASS:WINDSOR:NOV/DE 909-197-5072-SEP-GENERAL USAGE 909-676-0783-JUL-GENERAL USAGE 909-676-6243-SEP-PALA COMH PRK 909-699-137'O-AUG-CABOOSE 909-699-8632-SEP-GENERAL USAGE REFUNO:PARK RENTALS TCED INSTRUCTOR EARNINGS AUG CONSULTING SERVICES AUG CONSULTING SERVICES JUL CONSULTING SERVICES JULY CONSULTING SERVICES HP INKJET CARTRIDGES BLACK HP INKJET CARTRIDGES CYAN HP INKJET CARTRIDGES YELLO~ HP INKJET CARTRIDGES MAGENTA ACCOUNT NLAtmER 001-100-999-5250 190-180-~-5228 190-182-999-5250 001-16~-601-5218 001-161-999-5118 001-161-999-5118 001-140-999-5118 001-120-999-5256 280-199-999-5250 165-199-999-5250 190-180-999-5~15 190-180-999-5212 190-180-999-5415 193-180-999-5212 193-180-999-5212 193-180-~-5212 190-180-999-5415 0Ol- 140-999-5230 001-162-999-5230 ?.80-199-999-5230 001-171-9~-5261 001-171-999-5261 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-110-999-57.2.1 320-1~9-~9-5208 190-183-4988 190-183-999-5330 001-110-999-5248 001-16~-604-5248 001-110-999-5248 001-16~-604-5248 320-1~-~-5221 320-1~-~-5221 320-1~-~-5221 320-1~-~-5221 ITEM AMOUNT 100.00 43.10 310.00 85.82 1,824.10 2,160.89 1,719.62 231.00 ~80.00 850.00 2?5. O0 183.43 229.95 ?5.73 435.00 33.25 21.50 27.25 70.00 70.00 2,678.14 60.59 27.26 124.2.8 27.49 62.00 352.80 1,000.00 1,000.00 1,000.00 1,000.00 119.95 141.25 141.25 141.25 PAGE 2 CHECK AMOUNT 100.00 43.10 310.00 85.82 5,704.61 231.00 127.76 2,529.11 82.00 140.00 2,917.76 62.00 352.80 4,000.00 VOLICHRE2 CITY OF TEMECULA 09/25/97 13:27 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 45510 09/Z5/97 000192 GLOBAL COMPUTER SUPPLIE HP INKJET CARTRIDGES BLACK 320-199-999-5221 45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE NP INKdET CARTRIDGES COLOR 320-199-999-5221 45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE HP INKJET CARTRIDGES BLACK 320-199-999-5221 45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE HP INKJET CARTRIDGES COLOR 320-199-999-5221 45510 09/25/97 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5221 45510 09/25/97 000192 GLOBAL CUMPUTER SUPPLIE SALES TAX 320-199-999-5221 77.07 .83.85 7&.97 85.50 20.19 68.29 953.57 &5511 09/25/97 001609 GREATER ALARM CUMPARY, ALARM MONITORING i POLICE SUB 001-170-999-5229 45511 09/25/97 001609 GREATER ALARM C(~PANY, GTR 2 ALARM SRVCS FOR CABOOSE 001-110-999-5223 45511 09/25/97 001609 GREATER ALARM COMPANY, ALARM MONZTOR]NG 8 SKATE PRK 190-180-999-5250 55.50 75.00 105.00 235.50 45512 09/25/97 002174 GROUP 1 PRODUCTIONS TENECULA O.N.E. VIDEO 280-199-999-5250 45512 09/25/~7 002174 GROUP I PRODUCTIONS TENECULA O.N.E. VIDEO 165-19~-999-5250 45512 09/25/97 002174 GROUP 1 PRODUCTIONS RANCHO CREEK/6TH ST PRKG VIDEO 165-199-999-5250 237.50 237.50 150.00 625.00 45513 09/25/97 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PRGM 001-150-999-5250 372.75 372.75 45514 09/25/97 002098 HOUSE OF NOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 45514 09/25/97 002098 HOUSE OF MOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 136.08 101.23 237.31 45515 09/25/97 001069 HYDRO TEK SYSTEMS PARTS NEEDED FOR PCRaER UASHER 001-16~-601-5242 45515 09/25/97 001069 HYDRO TEK SYSTEMS FREIGHT 001-16~-601-5242 45515 09/25/97 001069 HYORO TEK SYSTENS SALES TAX 001-16~-601-5242 41.46 3.35 3.21 48.02 45516 09/25/97 001390 IMAGE k~ATCHES, INC. CITY LOGO UATCHES 001-150-999-5265 45516 09/25/97 001390 IMAGE k~ATCHES, INC. CITY LOGO UATCHES OO1-101-999-5280 45516 09/25/97 001390 IMAGE k~ATCHE$, INC. CITY LOGO UATCHES 001-1170 45517 09/25/97 001570 INFORMATION FOR PUBLIC CAL LEG & REG NTM( REPORTING 320-199-999-5228 398.78 398.78 562.59 600.00 1,360.15 600.00 45518 09/25/97 002726 INLAND EMPIRE BUSINESS SEM:I~MEN IN BUS.10/17 UINBERL 001-161-999-5261 79.00 79.00 45519 09/25/97 002424 KELLEY DISPLAY, INC 45519 09/25/97 002424 KELLEY DISPLAY, INC CLEANING/STORAGE:CITY BANNERS CITY BANNER PROGEAN 280-199-999-5270 280-199-999-5270 45520 09/25/97 OO1667 KELLY TEMPORARY SERVICE TEMP HELP ~/E 9/7 CHUOY 001-163-999-5118 45520 09/25/97 001667 KELLY TEMPORARY SERVICE TEMP HELP U/E 9/7 CHUOY 001-16~-60~-5118 45520 09/25/97 001667 KELLY TEMPORARY SERVICE TENP HELP U/E 9/7 MILES 001-163-999-5118 45520 09/25/97 001667 KELLY TEMPORARY SERVICE TENP HELP U/E 9/7 MILES 001-16~-60~-5118 45520 09/25/97 001667 KELLY TEMPOP. ARY SERVICE TENP HELP U/E 9/7 SCHNECK 001-165-999-5118 45521 OO125197 000205 KIDS PARTIES, ETC. ENTERTAINNENT-HEALTH FAIR 9/20 190-18~-999-5301 45522 09/25/97 00020~ KINKO'S, INC. STATIONERY PAPER/NISC SUPPLIES 190-180-999-5222 45522 09/25/97' 000206 KINKO'S, INC. HiSt COPYING NEEDS - TCSD 190-180-999-5222 45522 09/25/97 000206 KINKO'S, INC. STATIONERY PAPER/NISC SUPPLIES 190-183-999-5370 45523 09/25/97 002187 LAKE ELSINORE ANIMAL FR AUG ANIMAL CONTROL SERVICES 001-172-999-5255 45524 09/25/97 002397 LANDMARK/CALIFORNIA STA FINAL RETENTION TO ESCROU ACCT 210-1035 375.00 4,158.52 93.60 280.80 54.60 163.a0 320.30 215.00 7.27 31.14 29.03 4,201.58 6,185.~6 4,533.52 913.10 215.00 67.~ 4,201.58 6,185.~6 VOUCHRE2 09/25/97 VOUCHER/ CHECK NUMBER 45525 45525 45526 45526 45527 45528 45529 45530 45530 45530 45530 45531 45531 45532 45533 45533 45534 45535 45535 45536 45536 45537 45537 45538 45538 45538 45538 45538 45538 45539 45540 45540 45540 45540 13:27 CHECK DATE O9125197 O9/25197 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 O9125197 O9/25/97 09125/97 09125197 09/25/97 09/25/97 09/25/97 09125197 09125/97 09/25/97 09/25/97 09/25/97 O9125197 09125197 O9/25/97 09/25/97 09125197 09125/97 09125/97 09/25/97 09125197 09125/97 09/25/97 09/25/97 09/25/97 09/25/97 09125/97 · VENDOR NUMBER 002863 002863 000213 001905 0009~ 0009~ 0009~ 0009~ 000228 000228 00088~ 002033 002033 002139 002139 002516 00~516 0O1383 001383 002406 0024O6 002&06 002406 002406 002406 002331 OO058O 000580 000580 000580 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER LATIN ANERICAN LATIN ANERICAR REFUND:SEC.DEPOSIT/ROOR RENTAL REFUND:SEC.DEPOSIT/RODM RENTAL LNdsuN PRODUCTS, INC LAUSON PRODUCTS, INC LOCAL GOVERNMENT COMMIS MISC. NUTS & BOLTS FOR lag 2 - SETS DRILL BITS NEEDED NEMBERSHIP:G.THORNNZLL 97/98 HAGENHElM, HAODALEHA REFUND: S~IMNING LESSONS MEYERS, DAVID gILLIAN TCSO INSTRUCTOR EARNINGS MIRACLE RECREATION EQUI MIRACLE RECREATION EQUl MIRACLE RECREATION EaU[ MIRACLE RECREATION EaUI ENCLOSURE FOR TWISTER SLIDE RIDER HANDLE COVERS PART FREIGHT SALES TAX NOBIL IREDIT FINANCE CO FUEL FOR CITY VEHICLES NONIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES NONTELEONE EXCAVATING OUTLET END OF STORM DRAIN NATIONAL CRIME PREVENTZ CRIME PREVENTION POLY BAGS NATIONAL CRIME PREVENT] FREIGHT NICOLOSl, CHERYL REFUND: SWIMMING LESSONS NORTH CSUNTY TIMES * AT DISPLYAD - OLD TOLaI POSITION NORTH COUNTY TIMES - AT CONSTRUCTION UPOATES;CIP PRJTS ORGANIZERS PLUS ORGANIZERS PLUS RECORFIGURE OFFICE FURNITURE RECORFIgJRE OFFICE FURNITURE P M g ASSOCIATES, INC. AUG RDA CONSULTING SERVS P N W ASSOCIATES, INC. AUG RDA CONSULTING SERVS PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTER] PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI RDA DEPT REMODELING/FURNITURE RDA DEPT REMODELING/FURNITURE RACETRACK CF TABLE:PIO/U STATIO RDA DEPT REMODELING/FURNITURE RDA DEPT RENODELING/FURNZTURE IREDIT:~RNG SIZE TABLE:PRKW PEP BOYS INC MISC PLAINT SUPPLIES-PWMAINT PHOTO WORKS PHOTO IKXU(S PHOTO UORKS PHOTO MORKS FILM & PHOTO DEVELOPING PHOTOS OF RANCHO IREEK APTS FILM & PHOTO DEVELOPING PHOTO SUPPLIES:RECREATION 190-2900 190-183-4990 001-16~-601-5218 001-16A-601-5242 001 - 161-999-5226 190-183-4975 190-183-999-5330 190-1BO-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 001-161-999-5263 001-170-999-5262 001-164-601-5&01 001-170-999-5292 001-170-999-5292 1~0-183-4975 001-120-999-5228 001-165-999-5256 3&0-199-701-5219 001-161-999-5250 165-199-999-52~8 280-199-999-5?.~8 165-199-999-5601 280-199-~99-5601 210-1990 165-199-999-5601 280-199-999-5601 210-1990 001-16~-601-5218 001-110-999-5250 165-199-999-5250 001-163-999-5250 190-180-~-5301 ITEM AMOUNT 100.00 73.75 79.51 268.97 50.00 25. O0 70~. O0 70.00 15.00 15.00 6.60 13.50 117.80 4,500.00 420.00 28.18 55.00 40.25 253.59 895.00 80.81 2,554.62 851.54 105.06 315.17 1,071.0~ 75.00 225.00 810.28- 112.51 27.55 189.61 29.54 60.35 PAGE CHECK AMOUNT 173.75 348.48 50.00 25.00 704.00 131.30 4,500.00 A48.18 55.00 293.8& 975.81 3,406.16 9BO.99 112.51 307.05 45541 09/25/97 002354 POSITIVE PRONOTIONS CRIME PREVENTION COLORING BOOK 001-170-999-5292 520.00 VOUCHRE2 09/25/97 VOUCHER/ CHECK NLMBER 45541 45541 45541 45542 45542 45542 45542 45542 45542 45542 45543 45544 45544 45544 45544 45544 45544 45545 45545 45545 45545 45545 45546 45547 45547 45548 45548 45548 45548 45548 45548 45549 45550 45551 45552 45553 45554 13:27 CHECK DATE 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09125/97 09125197 09125/97 09125/97 09/25/97 09/25/97 09/25/97 O9/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 O9/25/97 09/25/97 09/25/97 O9/25/97 09/25/97 09125197 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 VENDOR NUMBER 002354 002354 002354 000254 000254 000254 000254 000254 000254 000254 001264 002776 002776 002776 002776 002776 002776 000255 000255 OOO255 000255 000255 002612 OOO?.6O OOO26O 000262 000262 000262 OOO262 0OO262 O00262 000~26 OO29O7 000266 000/.18 001592 POSITIVE PRCAqC)TIORS POSITIVE PRCXqOTIORS POSITIVE PROMOTIONS PRESS-ENTERPRISE CORPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRiSE COMPAN PRESS-ENTERPRISE CONPAN PRICE COSTCO, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRO LOCK & KEY PRO LOCK & KEY PRO LOCK & KEY PRO LOCK & KEY PRO LOCK & KEY RADIO SHACK, INC. RAN-TEC RUBBER STAMP HF RAN-TEC RUBBER STAMP HF RANCHO CALIFORNIA gATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO INDUSTRIAL SUPPL REINHART'FONTES ASSOC., RICltMOND AMERICAN RIGHTk~Y RIVERSIDE CO. CLERK & R RIVERSIDE CO. INFORNATI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEH DESCRIPTIOR CRIME PREVENTION STICKER ROLES PRESS SET UP CHARGE FREIGHT PUBLIC NOTICE: PA97-0235 PUBLIC NOTICE: PA97-0036 PUBLIC NOTICE: MINORS PUBLIC NOTICE: 97-15 PUBLIC NOTICE: PA97-0170 PUBLIC NOTICE: 2830g PUBLIC NOTICE: PA97-0160 MECHANICS CREEPER FOR FIRE OPT SC-5001391-1 GR SC-5001215-2 GT SC-500137'9-6 JH SC-56001278-0 S~ SC-50001206-1 HP SC-5001218-6 MJM A.D.A. RETRO-FIT - CITY HALL LABOR TRIP CHARGE SALES TAX LOCKSMITH SERVICES - CRC MISC COMPUTER SUPPLIES VARIOUS OFFICE STANPS-FIRE DPT SALES TAX 01-06-84860-5 PUJOL ST 01-02-98000-0 PRION STATION 01-02-98010-0 PRKVW STATION VARIOUS WATER METERS VARZOUS WATER METERS VARIOUS WATER METERS MISC JANITORIAL SUPPLIES COMM PROP APPRAISAL:FRONT ST REFUND: OVRPlqT PERMIT B97-1543 TOILET RENTAL:RIVERTOR PRK APERTURE CARDS DUPLICATES AUG EMERG RADIO:CODE ENFORCENN ACCOUNT NLMBER 001-170-999-5292 001-170-999-5292 001-170-999-5292 001-161-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-161-999-5256 001-120-999-5256 001-161-999-5256 001-171-99~-5242 001-140-999-5208 001-161-999-5208 001-16~-999-5208 001-16:1-999-5208 190-180-999-5208 280-199-999- 5208 :~0-199-701-5212 ~0-199-701-5212 3~0-199-701-5212 340-199-701-5212 1~0-182-~99-5212 320-199-999-5221 001-171-999-5222 001-171-999-5227. 280-199-807-5804 001-171-999-5240 001-171-999-5240 190-180-999-5240 191-180-999-5240 193-180-999-5240 190-180-999-5212 280-199-999-5248 001-2660 190-180-999-5238 001-163-~9~-5220 001-162-999-5238 ITEM AHOUNT 660.00 6.95 9/,. 40 18.00 23.00 5.75 9.25 18.25 25.75 25.75 215.46 44.39 35.05 ?.35.09 139.15 39.38 216.10 596.00 80.00 25.00 46.19 35.00 32.31 123.00 9.53 50.54 11.34 352.43 2,889.23 54.28 7,409.88 66.95 2,200.00 1,200.00 62.89 5.00 155.91 PAGE 5 CHECK AHOUNT 1,281.35 125.75 215.46 709.16 782.19 32.31 132.53 10,767.70 68.95 2,200.00 1,200.00 62.89 5.00 155.91 VOUCHRE2 09/25/97 13:27 CITY OF TE#ECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEN ACCOUNT NUMBER DATE NUNBER NANE DESCRIPTION NUNBER ITEH AMOUNT CHECK ANOUNT 45555 09/25/97 000955 RIVERSIDE CO. SHERIFF-B JULY 97 SLICE PATROL 001-170-999-5326 45555 09/25/97 000955 RIVERSZDE CO. SHERIFF-B ALIGIJST 97 BIKE PATROL 001-170-999-5326 45556 09/25/97 000873 ROBERTS, RONALD H. LEAGUE OF CITIES CF:8/27-28/97 001-100-999-5258 2,520.00 4,242.00 35.00 6,762.00 35.00 45557 09/25/97 000278 SAN DIEGO UNION TRIBUNE RECRUITNENT AD:CIVIL ENGINEER 001-150-999-5254 359.31 359.31 45558 09/25/97 002486 SAN DIEGO, CITY OF REPAIR POLICE RAOAR 45559 09/25/97 SHIRLEY L. HAAS SCHOLAR IN NENORY OF SHIRLEY L. HAAS 001-178-9~-5215 001-101-9~-5285 125 50.00 125.48 50.00 45560 09/25/97 000645' SNART & FINAL, INC. SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370 45560 09/25/97 000645 SMART & FINAL, INC. SUPPLIES FOR SPECIAL EVENTS 190-183-999-5378 8~.67 109.12 193.70 45561 09/25/97 000519 SOUTH COUNTY PEST CUNTR PEST CNTRL SERVS- $R CENTER 190-181-999-5250 29.00 29.00 45562 09/25/97 000537 SOUTHERN CALIF EDISON 2-07-626-6063 NANCHO VISTA SPR 191-180-999-5319 45562 09/25/97 000537 SOUTHERN CALIF EDISON 2-01-202-7603 VARIOUS NETERS 191-180-999-5319 45562 09/25/97 000537 GOUTHERN CALIF EDISON 2'05-791-8807 VARIOUS METERS 001-171-999-5240 45562 09/25/97 000537 SOUTHERN CALIF EDISON 2-05-791-8807 VARIOUS METERS 191-180-999-5319 45562 09/25/97 000537 SOUTHERN CALIF EDISON 56-77-755-5997-01 UNCHSTR RO 191-180-999-5319 45562 09/25/97 000537 SOUTHERN CALIF EDISON 56-77-755-5999-01 gNCHSTR RO 191-180-999-5319 14.88 7,706.41 1,202.7~ 4,721.27 172.14 200.63 14,018.12 45563 09/25/97 001212 SOUTHERN CALIF GAS CONP 095 167 7907 FIRE STATION 001-171-999-5240 45564 09/25/97 $TEN#ETT, VILNA REFUND: FACILITY ROON RENTAL 190-18~-49~0 30.00 30.00 45565 09/25/97 002150 SUNNIT SAFETY PRODUCTS FIRST AID SUPPLIES - CRC 190-182-99~-5301 64.65 64.65 45566 09/25/97 TANNER, JEFFREY & KINBE REFUND:PUbLIC FACILIN DEPOSIT 120-2680 45566 09/25/97 TANNER, JEFFREY & KINBE REFUND:PUBLIC FACILI# DEPOSIT 120-199-4242 45566 09/25/97 TANNER, JEFFREY & KINBE REFUND:PUBLIC FACILI# DEPOSIT 120-199-42&5 10,000.00 5,478.00- 319.00- 4,203.00 45567 09/25/97 002686 TECH HARKETING GRAPHICS ARTUORK FON HOLIDAY EVENTS 45567 09/25/97 002686 TECH K4JUCETING GRAPHICS ARTUORK FOR THE SKATE PARK 190-183-999-5370 190-183-999-5305 150.00 150.00 300.00 45568 09/25/97 001672 TEHECULA DRAIN SERV & P PLUNBIN6 SERVICES g CITY PRK$ 190-180-999-5212 45568 09/25/97 001672 TENECULA DNAIN $ERV & P PLUMBING SERVICES - TCC 190-184-999-5212 45568 09/25/97 001672 TEHECULA DRAIN SERV & P PLUM!lING SERVICES g S.H. PRK 190-180-999-5212 45568 09/25/97 001672 TENECULA DRAIN SERV & P PLLINBING SERVICES g K.H. PRK 190-180-999-5212 45568 09/25/97 001672 TEMECULA DRAIN SERV & P PLUMBING SERVICES - CRC 190-182-999-5212 45568 09/25/97 001672 TENECULA DRAIN SERV & P PLUMBING SERVICES - CRC 190-182-999-5212 47. O0 63.00 143.00 7~.00 97.00 47~.00 45569 09/25/97 000905 TEMECULA SHUTTLE SERVIC TRANSPORTATION FOR SR PRGHS 190-181-999-5301 45569 09/25/97 000905 TENECULA SHUTTLE $ERVIC TRANSPORTATION FOR SR PRGll 190-181-999-5301 45569 09/25/97 000905 TENECULA SHUTTLE SERVIC CREDIT:INVOICE EXCEEDS P.O. 190-181-999-5301 ?.30.GO 210.00 60.00- 400.00 45570 09/25/97 000314 TEMECULA VALLEY NUSEUN CHAPEL:SECURITY SYS/SK]RTING 210-190-808-5804 45570 09/25/97 000:114 TEMECULA VALLEY NUSEUN CHAPEL:MAIN ENTRY STEPS/LDSP 210-190-808-5804 45570 09/25/97 000314 TEMECULA VALLEY MUSEUM JTK CONST:CHAPEL TELPHONE LINE 210-190-808-580~ 1,606.00 3,800.00 4~80.00 5,886.00 VOUCHRE2 09/25/97 VOUCHER/ CHECK NUMBER &5571 45572 &5572 45572 45572 45573 45573 45573 45573 45573 45574 45575 45576 45576 45577 45578 45578 45578 45578 45578 45578 45578 45578 45578 45578 45578 45578 45578 45578 45578 13:27 CHECK DATE 09/25/97 09125197 O9/25/97 09125197 09125197 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09/25/97 09125197 O9/25/97 09/25/97 09/25/97 09/25/97 09/25/97 002111 002065 002065 002065 002065 OOO326 000326 000326 000326 000~26 002850 000332 OO189O 001890 000341 000345 000345 000345 000345 000345 OOO345 000345 ~5 ~5 000~5 ~0~5 ~0~5 000~5 0~5 000~5 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER TOGO'S UNISOURCE UNIBOURCE UNISOURCE UNISOURCE UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNIVERSITY OF CALIF:L.A VANDORPE CHOU ASSOCIATI VONTEX DOORS VORTEX DOORS WILLDAN ASSOCIATES, INC. XEROX CORPORATION BILL! XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPOPATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI CATERING FOR TE#ECULA ONE 6/26 001-110-999-5223 11X17 WHITE COPY PAPER 3-PART NOR PAPER 28# LASER PAPER FOR COLOR XERO SALES TAX 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 UNIFORM RENTAL SERVS:TCSD FLOOR NAT RENTAL 8 CRC FLOOR NAT RENTAL:BE CENTER FLOOR NAT RENTAL FOR TCC FLOOR NAT RENTAL:SEPT SERVS 190-180-ggg-5243 190-180-999-5243 190-180-999-5265 190-180-99g-5243 190-180-999-5263 ASSESS DIST F]NANCE CF:10/29 190-180-999-5260 AUGUST 97 PLAN CHECK SERVS 001-162-999-5248 REPAIRS TO DOORS g CRC 190'182'999'5212 REPAIRS TO MEN'S RR DOOR 8 CRC 340-199'701'5250 IN HOUSE PLAN CHECKER 001-162-999-5118 JUL 5765 COLOR COPIER USAGE BLACK TONER FOR COLOR XEROX YELLO~ TONER FOR COLOR XEROX MAGENTA TONER FOR COLOR XEROX BLUE TONER FOR COLOR XEROX SALES TAX dUL LEASE OF 5021 COPIER a CRC JUL LEASE FOR 5100A COPIER JUL LEASE FOR 5100A COPIER JUL LEASE FOR 5100A COPIER AUG LEASE OF 5021 COPIER a CRC AUG LEASE OF 5100A COPIER AUG LEASE OF 5100A COPIER AUG LEASE OF 5100A COPIER AUG LEASE OF 5100A COPIER 330-199-999- 5239 330 - 199 - 999 - 5220 330-199- 999 - 5220 330-199-9~- 5220 330-199-999-5220 330-199-999-5220 190-182-999-5239 330-2800 330-199-999-5391 330-199-999-5391 190-182-999-5239 330 - 2800 330-199-999-5391 330-199-999-5391 330-199-999-5391 ITEM AMOUNT 146.00 167.90 223.68 41.67 107.30 181.90 78.08 100.37 62.76 225.00 2,722.90 166.78 156.00 2,176.00 1,143.06 198.00 248. O0 124.00 126.00 53.79 67.08 1,534.61 529.49 55.93 67.08 1,5~.56 529.49 45.97 .01 PAGE 7 CHECK AMOUNT 579.25 530.41 225.00 2,722.90 322.78 2,176.00 6,265.07 TOTAL CHECKS 145,1~3.71 VOUCHRE2 PAGE 3 09/25/97 13:50 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GE#ERAL FU#D 190 C~NHU#[TY SERVICES DZSTR[CT 210 CAPITAL IHPROVENE#T PROJ FUND 280 REDEVELOPHE#T AGENCY - CIP INSURANCE FUND SUPPORT SERVICES AHOU#T 367,501.78 6,844.93 31,593.05 90,417.37 19,57.8.70 8,370.17 TOTAL 524,256.00 VOUCHRE2 09/25/97 VOUCHER/ CHECK NUMBER 45581 45582 45583 45584 45584 45585 45585 45585 45585 45585 45585 45585 45585 45586 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45587 45588 45588 45588 45588 45588 45588 13:50 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS CHECK VENDOR VENDOR ITEM ACCOUNT DATE NUMBER NAME DESCRIPTION NUMBER 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 001916 002869 002900 001013 001013 000437 000437 000437 000437 000437 000437 000437 000437 000230 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 000406 000406 000406 000406 OO0406 0OO4O6 ALBERT A. MEBB ASSOCIAT CROSSROADS SOFTWARE DANIEL, MANN, JOHNSON HINDERLITER de LLAMAS A HINDERLITER de LLAMAS A MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELANO &ASSOCIATES MORELARD & ASSOCIATES NUNI FINANCIAL SERVICES RICHARDS, MATSON & GERS RICHARDS, MATSON & GERS RICHARDS, MATRON & GER$ RICHARDS, MATSON & GERS RICHARDS, MATSON & GElIS RICHARDS, MATSON & GERS RICHARDS, MATSON & GERS RICHARDS, MATSON & GERS RICHARDS, MATSON &GERS RICHARDS, k~TSON & GERS RICHARDS, MATSON & GERS RICHARDS, kLRTSON & GERS RICHARDS, MATSOM & GERS RICHARDS, WATSOM & GERS RICHARDS, MATSON & GERS RICHARDS, kLRTSON & GERS RICHARDS, MATSON & GERS RICHARDS, MATSON & GERS RICHARDS, MATSON & GERS RICHARDS, MATSON & GERS RICHARDS, MATSON & GERS RICHARD$~ WATSON & GER$ RICHARDS, MATSON & GERS RICHARDS, MATSON & GER$ RIVERSIDE CO. SNERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHER]FF~S RIVERSIDE CO. SHER]FF~S 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 NAY-JUL PROF SRVCS-STREETSCAPE 280-199-824-5804 TRAFFIC COLLISION DATABASE 001-164-602-5610 AUG PROF SRVCS-M[NCHESTER RD 210-165-68~-5802 3RD QUARTER CONTRACT SRVC FEES 001-140-999-5248 SALES TAX FINDERS FEE FY 97/98 001-140-999-5248 AUDIT SERVICES - CITY AUDIT SERVICES - RDA AUDIT SERVICES - SINGLE AUDIT AUDIT SERVICES - CITY AUDIT SERVICES - SINGLE AUO[T SERVICES - RDA AUDIT SERVS-OLD T~N HAINSTREET TEMP HELP SR ACCT - BOARDNAN 001-140-999-5248 280-199-999-5248 001-140-999-5248 001-140-999-5248 001-140-999-5248 280-199-999-5248 280-1~-~-5248 001-140-~-5118 ASSESSMENT SERVS:JULY-SEPT 97 190-180-999-5370 AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST LEGAL SERVICES-CLAIMS AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES AUGUST 97 LEGAL FEES 001 - 130-999-52~6 001 - 130-999- 52~ 001-130-999-52~ 190-180-999-5246 001 - 130-9~-5246 001-1280 001-130-999-52~6 001 - 130-999-5246 280-199-999-52~6 001 - 130-999-52~6 300-199-~-5246 001-130-999-5246 300-1270 300-199-999-52~6 001-1280 300-199-999- 5246 300-199-999-5246 001-130-~-52&6 001-130-99~- 52~6 001-130-999-5246 300-1~-9~9-5246 300-199-999-52~6 280-199-999-52~6 280-199-999-5246 &TH OF JULY LAM ENFORCE SERVS JULY LAW ENFORCEMENT SERVICES JULY LAM ENFORCE#ENT SERVICES JULY LAW ENFORCEMENT SERVICES JULY LAM ENFORCEMENT SERVICES JULY LAM ENFORCEMENT SERVICES 001-170-999-5279 001-170-999-5288 001-170-999-5299 001-170-999-5298 001 - 170-999-529~ 001-170-999-5289 ITEM AMOUNT 48,175.00 5,969.35 31,260.96 900.00 4,427.46 2,425.00 650.00 650.00 15.85 350.00 350.00 2,869.00 4,253.75 5,495.26 9,0~.30 3,077.25 8,443.62 1,226.83 184.00 530.25 2,776.75 298.50 111.00 226.50 17.25 154.75 554.68 285.50 149.00 10,978.16 1,517.9~ 1,638.25 1,~22.28 120.25 450.68 '5,724.50 2,131.00 379.25 5,268.47 185,708.35 40,466.40 18,978.80 9,591.40 5,510.56 PAGE I CHECK AMOUNT 48,175.00 5,969.35 31,260.96 5,327.46 11,563.60 5,495.26 51,702.~8 VOUCHRE2 PAGE 2 09/25/9? 13:50 VOUCHER/ CHECK NLIIdlBER 45588 45588 45588 45588 45588 45588 45588 45588 45589 45589 45589 45589 45589 45589 45589 45589 4559O 45591 45591 45591 45591 45591 CHECK DATE 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 10/07/97 VENDOR NIJHBER 000~06 000~06 000406 000~06 000~06 000~06 000406 000406 002181 002181 002181 002181 002181 002181 002181 002181 002576 000:~5 000~5 000~5 000~5 000~5 VENDO~ NAHE RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CONSTRUCT]ON RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTZON RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION URBAN DESIGN STUDIO XEROX CORPORATION BILL! XEROX CORPORATION BILL] XEROX CORPORATION BILL] XEROX CORPORATION BILLI XEROX CORPORATION BILL] CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEH DESCRIPTION JULY LAV ENFORCENENT SERVICES JULY LAW ENFONCENENT ~ERVICES JULY LAW ENFONCEHENT SERVICES JULY LAW ENFONCEHENT SERVICES JULY LAW ENFORCEMENT SERVICES JULY LAW ENFORCEMENT SERVICES dULY BOOKING FEES CREDZT:SCHOOL RESOURCE OFFICER CO~I& FOR WNCHSTR BRIDGE WIDEN ODJl& FOR ~NCHSTR BRIDGE MZDEN AUG PRGSS:~CHSTR BDGE/I-15 RETENTION:IaiCHER BRDG PRJT CREDIT:ITEH ~32 NOT-COMPLETE INVOICE EXCESSED THE CONTRACT RETENTION:ITE# J32 NOT-COHPLET REVERSE RETENTION:CH-970808 A JUL DESZGN SERVS:SOUTHSIDE PLA JUL LEASE C4)DC-35 & (1)53~3 JUL LEASE (4)DC-35 & (1)53~3 JUL LEASE ¢4)DC-35 & C1)53~3 JULY POOLED NAINT & SUPPLIES JULY POOLED NAI#T & SUPPLIES ACCOUNT NUHBER 001-170-9~-5291 001-1230 001-170-99~-5781 001-170-~-5782 001-170-999-5262 001-170-99~-5279 001-170-99~-5275 001-170-999-5291 280-199-602-5804 280-199-602-580~ 280-199-602-580~ 780-2035 280-199-~02-5804 780-1~9-602-5804 ?80 - 2035 210-7835 001-161-999-5248 330-7800 330-199-999-5391 330-199-999-5391 330-199-999-5217 190-182-99~-5217 ITEH AMOUNT 3,219.92 3,219.92 28,101.88 2,784.00 14,260.57 3,875 6,292.80 12,294.24- 19,773.62 6,600.35 25,001.25 2,568.76- 6,750.00- 6,64.1.84- 337.50 332.09 5,200.00 2,468.96 870.79 85.93 4,9~.49 122.84 CHECK A~OUNT 314,984.67 36,084.21 5,200.00 8,/~93.01 TOTAL CHECKS 524,256.00 ITEM 4 CITY ATTORNEY CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance October 7, 1997 City Treasurer's Report as of August 31, 1997 PREPARED BY: Tim McDermott, Assistant Finan~ Director~ Jesse Diaz, Project Accountant RECOMMENDATION: as of August 31, 1997. That the City Council receive and file the City Treasurer's Report DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of August 31, 1997. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of August 31, 1997 2. Schedule of Assets, Liabilities, and Fund Equity as of August 31, 1997 City of Temecula City Treasure(s Report As of August 31, 1997 Cash Activity for the Month of August: Cash and Investments as of August 1,1997 Cash Receipts Cash Disbursements Cash and Investments as of August 31, 1997 50,457,480 2,830,226 (3,166,451) 50,121,255 Cash and Investments Portfolio: Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Retention Escrow Account Checking Accounts (Sherwood/Pujol Apartments) Deterred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts-TCSD COPs (Money Market Account) Reserve Account-TCSD COPs (Guaranteed Investment Contract) Trust Accounts-RDA Bonds (Money Market Account) Resewe Account-RDA Bonds (Guaranteed Investment Contract) Institution c~y Union Bank Union Bank (Highmark U.S. Treasury) Union Bank State Treasurer Landmark/California State Home Savings of America ICMA PEBSCO PEBSCO FirstTrust(FirstAm. Traasury) Bayerische Landesbank First Trust (First Am. Treasury) Bsyerieche Landasbank Yield 4.690 % 5.690 % 5.250 % 5.010 % 6.870 % 5.010 % 7.400 % Mstudty Date (2) Contractual/ Market Value Par/Book Balance $ 1,500 $ 1,500 (106,067) (106,067) (1) 173,163 173,163 6,648 36,509,436 215,698 4,322 412,332 617,860 70,083 17,771 502,690 10,246,899 1,448,920 6,648 (1) 36,509,436 (3) 215,698 4,322 412,332 617,860 70,083 17,771 502,690 10,246,899 1,448,920 50,121,255 (1)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-At August 31, 1997 total markst vallJe for the Local Agency Investment Fund (LAIF) was $28,458,998,362. The City's proportionate share of that value is $36,689,282. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of August 31, 1997 Assets: Cash and investments Receivables Due from other funds Land held for resale Prepaid assets Deposits Fixed asse~net City (1) Community Services Redevelopment Dige'ict Agency 31,154,006 $ 2,110,322 $ 16,856,927 $ 5,030,136 174,803 638,408 2,166,977 10,907 90,105 286,789 1,029,596 Total assets $ 39,757,609 2,103,053 Total 50,121,255 5,843,347 2,177,884 2,103,053 90,105 286,789 1,029,596 2,296,032 $ 19,598,388 $ 61,652,029 Liabilities and fund equity: Liabil'tdes: Due to other funds $ 1,055,472 Other liabilities 5,228,551 $ 10,907$ 1,111,505$ 2,177,884 237,682 592,460 6,058,693 Total liabilities 6,294,023 248,589 1,703,965 8,236,577 Fund equity: Con~ibuted capital 1,281,781 Retained earnings 624,525 Fund balances: Reserved (2) 3,912,605 Designated (3) 23,472,073 Undsalgnated 4,182,602 1,281,781 624,525 1,083,174 7,200,191 12,195,970 998,985 10,694,232 35,165,290 (34,716) 4,147,886 Total fund equity 33,473,586 2,047,443 17,894,423 53,415,452 39,757,609 $ 2,296,032 $ 19,598,388 $ 61,652,029 Total Ilabir~es and fund equity (1) Includes General Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, Iowlmod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing sppropdations. ITEM 5 APPRCtVA! CITY ATTORNEY FINANCE DIRECT(~~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager ~,(-~Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 SUBJECT: Conveyance of Real Property and Easement to Eastern Municipal Water District, Acceptance of Right of Entry From Margarita Canyon LLC and Grant of License to Electrend, Inc. in Connection With the Realignment of Streets Near the Intersection of Front Street and Highway 79 South For the 1-151Highway 79 South Interchange Improvements PREPARED BY: /~ Ronald J. Parks, Principal Engineer - Land Development j~ John Pourkazemi, Associate Engineer RECOMMENDATION: 1. That the City Council adopt the following Resolutions: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO EASTERN MUNICIPAL WATER DISTRICT AND AUTHORIZING THE EXECUTION AND RECORDA~'ION OF A GRANT DEED IN CONNECTION THEREWITH RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDATION OF A GRANT OF EASEMENT IN CONNECTION THEREWITH RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT" BETWEEN THE CITY OF TEMECULA AND MARGARITA CANYON, LLC r.~.agd q~t~97~ 1OO7~easement. wbc RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC., FOR USE OF REAL PROPERTY' Authorize and direct the City Clerk to record the documents approved by the Resolutions as listed above. BACKGROUND: The Public Works Department has coordinated the design of the improvements for the I- 15/Highway 79 South Interchange Project and determined the right of way necessary to construct these improvements. Part of the right of way acquired for the Project includes 12,000 square feet of property acquired from Margarita Canyon LLC for the specific roadway improvements at the intersection of Front Street and the proposed Western Bypass Corridor stub. The Intersection improvements call for the relocation of the Eastern Municipal Water District's sewer lift station which is currently located south of the Texaco station on Front Street. The EMWD sewer lift station will be relocated to a portion of the City property acquired from Margarita Canyon LLC. As part of the relocation it is necessary for the City to convey a portion of its property to EMWD for the lift station as well as an easement to EMWD for maintenance of the lift station. The City will also need a temporary construction easement to allow it to go on to a portion of the property retained by Margarita Canyon LLC so that construction crews can have sufficient room to construct the realigned streets in this area. Margarita Canyon LLC previously dedicated to the City a slope easement in this area for the road improvements. Finally, Electrend, Inc. (which owns the Texaco station property) will grant an access easement over its property to EMWD for maintenance of the sewer lift station. The configuration of the street improvements and the sewer lift station at this location leaves a small portion of the City's right of way unused. This area is only large enough to accommodate three parking spaces and some landscaping. Therefore, it is proposed that the Council approve a license agreement allowing Electrend to maintain three parking spaces, one of which will be reserved for EMWD, and landscaping on the license area. This will accommodate EMWD's need for access and parking for the maintenance of its sewer lift station, allow Electrend to maintain its landscaping plan and increase parking for its property, and provide for the use of City property which would otherwise remain vacant. Additionally, without this license agreement, the City would be required to assist EMWD in obtaining alternate access to the lift station. FISCAL IMPACT: None Attachments: 2. 3. 4. Resolutions 97-__, 97-__, 97-_, Grant Deed conveying certain real property to Eastern Municipal Water District Grant of Easement to Eastern Municipal Water District for sewer facilities Right of Entry and Temporary Construction Agreement between the City of Temecula and Margarita Canyon, LLC Ucense Agreement Between the City of Temecula and Electrend, Inc., For Use of Real Property r:\&gdrpt\97~1007\®a=ernent.wbc RESOLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO EASTERN MUNICIPAL WATER DISTRICT AND AUTHOIHZ~G THE EXECUTION AND RECORDATION OF A GRANT DE~D IN CONNECWION THEREWITH THE CITY COUNCIL OF THE CITY OF ~A HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Tcmecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the .design of the improvements for the 1-15fHighway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the relocation of the Eastern Municipal Water District's sewer lift station which is currently located on what will become a portion of the street improvements. C. As part of the relocation it is necessary for the City to convey the portion of its property designated in the attached Grant Deed to EMWD for the lift station. D. Conveyance of the property to the Eastern Municipal Water District promotes the health, safety and welfare of the community. Section 2. The City Council of the City of Temecula hereby approves of the conveyance of property by Grant Deed to the Eastern Municipal Water District as specified in the form of the Grant Deed attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Grant Deed on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the conveyance of the property described in Section 2., including but not limited to escrow instructions. Section 4. The City Clerk is hereby authorized and directed to record the Grant Deed upon acceptance by the Eastern Municipal Water District. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 7th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June $. Greek, CMC/AAE, City Clerk r:Aagdrp~9~ 1007~eaoemenT.wl)c [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecuh, 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 7th day of October, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: r:~dm~',97~l O07~,®.~menLwbc R~ordmg requested by ~nd whe~ recorded return to: EASTERN MUNICIPAL WATER. DISTRICT P.O. Box 8300 San Jacinto, CA 92581-8300 Attn.: Don Simpson Right of Why Depamnent This document must be signed in thc presence of Nmnry and notrazed. No rocording fee required punuant To Government Code Section 27383 APN 922-110-005 W.O. GRAHT DEED The undersigned Grantor(s) declare(s): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sate. ( ) Unincorporated area: ( X ) City of Temecuia FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Citv of Temecul=. n Mun'~il~l Corporation (hereinafter referred to as "GRANTOR") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, its successors and assigns (hereinafter referred to as 'GRANTEE') the real property situated in the County of Riverside, State of California, described as follows: (SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF) IN WITNESS WHEREOF, this instrument has been executed the day of GRANTOR(S): CITY OF TEMECULA, a Mun'r:ipal Corporation Date: By: CFRTIFICATF OF ACCFPTANCF This is to certify that the interest in real property conveyed by Grant Deed dated from to the EASTERN ~JNIClPAL WATER DISTRICT, a municipal water d'~rict, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority confen~l by Resolution No. 80 of the Board of Directors adopted on January 14, 1953, and the Grantee consente to ~e recordation thereof by its duly authorized officer or agent. Date: EASTERN MUNICIPAL WATER DISTRICT (SEAL) Mary C. Whr~, Secretary of the Eastam Municipal Water District and the Board of Directors thereof W.O.: 97-230 APN: 922-110-005 GRANTOR: CITY OF TEMECULA EXHIBIT ~A" FRONT STREET SEWAGE LIFT STATION RELOC~TION LEGAL DESCRIPTION OF FEE PARCEL BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND ALSO BEING A PORTION OF THAT PARCEL OF LAND GRANTED TO THE CITY OF TEMECULA IN DEED RECORDED FEBRUARY 14, 1997 AS INSTRUMENT NO. 050647 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE A.LONG THE EASTERLY LINE OF SAID LOT 11, ALSO BEING THE EASTERLY LINE OF PARCEL "C" OF SAID INSTRUMENT NO. 050647, SOUTH 15°42'22" EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON- TANGENT CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID' POINT BEARS SOUTH 87°07'19" EAST; THENCE LEAVING SAID EASTERLY LINE OF LOT 11, SOUTHERLY ALONG SAID CURVE AND CONTINUING ALONG SAID EASTERLY LINE OF PARCEL "C" THROUGH A CENTRAL ANGLE OF 3~04'27" AN ARC DISTANCE OF 20.76 FEET; THENCE NON-TANGENT AND ALONG THE SOUTHF_2%STERLY LINE OF SAID PA/~CEL "C" SOUTH 43°10'43" WEST, 31.48 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL "C" NORTH 15~42'22" WEST, 17.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74017'38" WEST, 13.60 FEET; THENCE NORTH 15°42'22" WEST, 12.40 FEET; THENCE NORTH 61~29'25" EAST, 22.85 FEET; THENCE SOUTH 84~19'39" EAST, 6.75 FEET; THENCE SOUTH 16~14'05" EAST, 11.57 FEET; THENCE SOUTH 43°10'43" WEST, 6.64 FEET; THENCE SOUTH 74°17'38" WEST, 9.39 FEET BEGINNING. TO THE TRUE POINT OF CONTAINING 426 SQUARE FEET OR 0.010 ACRES, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO H:~OTE~D. DOC CITY OF TEMECL/.A ~/21/97 RESOLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'VI]2~CULA GRANTING AN EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER FACILITIES AND AUTHORIZING THE E~ON AND RECORDATION OF A GRANT OF EASEMENT IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the-design of the improvements for the I-iS/Highway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the re. location of the Eastern Municipal Water District's sewer lift station which is currently located on what will become a portion of the street improvements. C. As part of the relocation it is necessary for the City to convey the portion of its property designated in the attached Grant Deed to EMWD for the lift station. D. Additionally it is also necessary for the City to convey an easement to ]~a~tern Municipal Water District for maintenance of the sewer lift station as described in attached Grant of Easement to EIVlWD. D. Conveyance of the easement to the Eastern Municipal Water District promotes the health, safety and welfare of the community. Section 2. The City Council of the City of Temecula hereby approves of the conveyance of the easement by Grant of Easement to the Eastern Municipal Water District as specified in the form of the Grant of Easement attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Grant of Easement on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the conveyance of the easement described in Section 2., including but not limited to escrow instructions. Section 4. The City Clerk is hereby authorized and directed to record the Grant of Easement upon acceptance by the Eastern Municipal Water District. r:\~gd~t~97\100~e~,,ement.wbc PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 7th day of October, 1997. AT'FF_,ST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE, City Clerk 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 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 7th day of October, 1997, by the following vote: AYES: 0 NOES 0 ABSF~NT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: r:\agdl~t\~7~l O07~easement.wbc Revording re, quested by and when recorded return to: EASTERN MUNICIPAL WATER DISTRICT P.O. Box 8300 San Jaginto, CA 92581-8300 Arm.: Don Simpson Right of Why Department This document must be signed in the presence of Notary and notarized. No recording fee required pursuant To Government Code Section 27383 APN 922-110-00~ GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CiN ofTemecula. a Municipal Comoration (hereinafter referred to as 'GRANTOR") does hereby grant to EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, its successors and assigns (hereinafter referred to as 'GRANTEE") a perpetual non- exclusive easement and right of way to construct, enlarge, reconstruct, remove and replace, operate, inspect, maintain, repair, improve and relocate, sewage transmission and collection facilitias, including, but not limited to, gravity pipelines, pressure pipelines, manholes, connections and appurtanant equipment for the collection and transmission of sewage, in, on, over, under, upon, along, through and across the property hereinafter described, together with reasonable dght of access for equipment and vehicle right of way, in, on, over, upon, along, through and above said easement. Said easement shall be in, under, over, and across that certain property situated in the County of Riverside, State of California, described as follows: (SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF) The foregoing easement shall include the dght to enter upon and pass and repass over and along said strip or strips of land, and to deposit tools, implements and other materials thereon by Grantee, its officers, agents and em4)loyees, and by persons under contract to construct said pipeline or pipelines, and their employees, whenever and wherever necessary for the purpose of exercising the rights herein granted. Grantor retains the dght to the use of the land described herein except as to any use in derogation of the easement contained herein, and specifically agrees that no Vees shall be planted thereon and no buildings or cther structures of any kind, except landscape planters and stripped parking, will be placed, constructed, or maintained over the real property described herein. Any work by Grantor, or any one working through or under Grantor, affecting the surface or subsurface of the ground subject to this easement shall be performed only after giving written notice by certified mail, postage paid, addressed to Grantee at Grantee's office setting forth the proposed changes in detail. Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work and is subject to approval by Grantee. Notwithstanding the foregoing, the surface of the ground with respect to the distance from the ground surface to the top of any pipes, as of the date of this ~t, shall not be changed by any party other than Grantee, if it results in: (a) "Culting" or removing the soil which leaves less than forty-eight (48) inches of soil over the top of the pipe; and (b) "Hauling" in of soil or 'filling" which will leave more than twelve (12) feet of soil over the top of any pipe. It is understood that the permanent easements and the rights of way above described shall be acquired subject to the rights of the Grantor, Grantor's successors, heirs and assigns, to use the surface of the real property within the boundarias of such easements and rights of way. It is understood that any use of the surface rights by Grantor, and Grantor's successors, heirs and assigns, shall be deerned a continuing permissive usa allowed by Grantee, its successors, heirs and assigns, and each successor-in4nterest of the Grantor, by acceptance of a conveyance of said property or interest therein admits aM agrees that any such usa is a continuing permissive usa. It is understoocl that each and every right and privilege hereby granted is free and alienable. Notwithstanding the foregoing, it is understood and agreed that this Grant of Easement shall not be cons~aK! as a Grant of Fee Title. Grantee, its successors and assigns, shall restore, or cause to be restored, the surface or subsurf'~e of the real property hereinabove described to the condition said property was in as of the time of performance of any enlargement, construction, reconstruction. removal and replacement, operation, inspection, maintenance, repair, improvement and relocation, and such restoration shall be performed with due diligence and dispatch. IN WITNESS WHEREOF, this instrument has been executed the day of GRANTOR(S): CITY OF TEMECULA, a Municipal Corporation Date: By: C!=RTIFICAT!= OF ACC;PTANC!= This is to certify that the interest in real property conveyed by Grant of Ea~ment dated from to the EASTERN )~JNICIPAL WATER DISTRICT, a municipal water district, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directore pursuant to authority conferred by Resolution No. 80 of the Board of Directors adopted on January 14, 1953, and the Grantee consents to the recordation thereof by its duly authorized officer or agent. Date: EASTERN MUNICIPAL WATER DI~I'RICT (SEAL) By: Mary C. White, Secretmy of the Eastern Municipal VVater District And the Board of Directore thereof W.O.: 97-230 APN: 922-110-005 GRANTOR: CrFY OF TEN~CULA EXHIBIT ~A" FRONT STREET SEWAGE LIFT STATION RELOCATION LEGAL DESCRIPTION FOR SEWER AND ACCESS EASEMENT BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CA~LIFORNIA, A~ FILED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND ALSO BEING A PORTION OF THAT PARCEL OF LAND GRANTED TO THE CITY OF TEMECULA IN DEED RECORDED FEBRUA/~Y 14, 1997 AS INSTRUMENT NO. 050647 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE ALONG THE BOUNDARY OF PARCEL ~C" AS DESCRIBED IN SAID INSTRUMENT NO. 050647 THE FOLLOWING COURSES: ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15°42'22" EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87°07'19" F_2%ST; THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°04'27" AN ARC DISTANCE OF 20.76 FEET; THENCE NON-TANGENT SOUTH 43~10'43" WEST, 37.57 FEET TO A POINT ON A 844.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01"36'29" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02~54'45" AN ARC DISTANCE OF 42.90 FEET; THENCE LEAVING SAID CURVE NORTH 01"18'16" WEST, 34.86 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 11; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 74°17'38" EAST, 71.90 FEET TO THE POINT OF BEGINNING. EXCEPTING THE FOLLOWING: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15"42'22" EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87~07'19" EAST; H:\COTEMWD2.DOC CITY OF TEMECULA 9~10/97 W.O.: 97-230 APN: 922-110-005 GRANTOR: CITY OF TEMECULA THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTPJLL ANGLE OF 3004'27" AN ARC DISTANCE OF 20.76 FEET; THENCE NON-TANGENT SOUTH 43°10'43" WEST, 31.48 FEET; THENCE NORTH 15°42' 22" WEST, 17.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74°17'38" WEST, 13.60 FEET; THENCE NORTH 15°42'22" WEST, 12.40 FEET; THENCE NORTH 61°29'25" EAST, 22.85 FEET; THENCE SOUTH 84°19'39" EAST, 6.75 FEET; THENCE SOUTH 16°14'05" EAST, 11.57 FEET; THENCE SOUTH 43°10'43" WEST, 6.64 FEET; THENCE SOUTH 74°17' 38" WEST, 9.39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,325 SQUARE FEET OR 0.053 ACRES, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO E. xp. 12/31/99 No. 716~, H:\COTEMWD2.DOC CITY OF TEMECUI-~ 9/10/97 I I RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGI~ ~~' BETWi~N THE CITY OF TEMECULA AND MARGARITA CANYON, LLC THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERM]NF~ AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the design of the improvements for the 1-15/Highway 79 South Interchange Project and determined the fight of way necessary to construct these improvements. B. The Interchange improvements call for the realignment of streets near the property owned by Margarita Canyon LLC. C. As part of the consU'uction of the street improvements it is necessary for the City to obtain a fight of entry for temporary construction use of the property designated in the attached agreement. D. Acceptance of the fight of entry for temporary construction purposes promotes the health, safety and welfare of the community. Section 2. The City Council of the City of Temeeula hereby approves that certain "Right of Entry and Temporary Construction Agreement" between the City of Temecula and Margarita Canyon, LLC attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Agreement on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the implementation of the Agreement described in Section 2. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 7th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE, City Clerk r:\agdl~t~97~t O07\ealemem.wbc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMF_~ULA ) 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 7th day of October, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: r:\lgd~)t~97~ I O07~e~ernent. wb~ CITY OF TEMECULA (Herein referred to as "City", and MARGARITA CANYON, LLC, a California limited liability company (Herein referred to as "Grantor") Project: Interstate 151 Highway 79-South Interchange 2 3 4 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT The right is hereby granted City to enter upon and use the land of Grantor in the City of Temecula, State of Califomia, described as: See Attached Exhibit "A" for Legal Description for all purposes necessary to facilitate and accomplish the construction of 1-15 / Highway 79-South Interchange A fourteen (14) day written notice shall be given to Grantor prior to using the dghts herein granted. The rights herein granted may be exercised for 18 months after the fourteen (14) day wdtten notice, or until completion of said project, whichever shall be sooner. It is understood that the City may enter upon Grantor's property where appropriate or designated for the purpose of getting equipment to and from the easement area. City agrees not to damage Grantor's property in the process of performing such activities. The right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. Grantor reserves the dght to remove salvable real and personal property on or before the expiration of the fourteen (14) day notice. If said property is not removed in its entirety at Grantor's expense on or before said date for any reason whatsoever, the right to remove said property shall terminate and said will become property of City to dispose of at its discretion. City shall remove, replace and relocate as necessary any existing fencing disturbed by construction of highway to new property line on Grantor's remaining property. Grantor agrees that City, its agents, employees or contractors shall have the right to enter upon Grantor's land for the purpose of performing the fence replacements or relocations. All replaced or relocated fencing shall be left in as good a condition as it is found and shall thereafter be the responsibility of Grantor to maintain and repair. Page I 5 6 7 9 10 At the termination of the pedod of use of Grantor's and City, but before its relinquishment to Grantor, debris generated by City's use, will be removed and the surface will be graded and left in a neat condition. Grantor shall be held harmless from all claims of third persons ansing from the use by City of Grantor's land. Grantor hereby warrants that he is the owner of the property described above and that he has the right to grant City permission to enter upon and use the land. This agreement is the result of negotiations bet~veen the parties hereto. This agreement in intended by the parties 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, modified, or amended except upon the written consent of the parties hereto. This agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. Page 2 11 Grantor, his assigns and successors in interest, shall be bound by all the terms and condRions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. Date: RECOMMENDED FOR APPROVAL: By: By: APPROVED AS TO FORM: MARGARITA CANYON, LLC, a California limited liability company By: ! ---", PETER M. THORSON City Attorney By: ATTEST: CITY OF TEMECULA JUNE S. GREEK City Clerk By: Dated: By: PAT H. BIRDSALL Mayor Page 3 EXHIBIT ~A# LEGAL DESCRIPTION PAGE I OF 2 PARCEL 3 TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 15, PAGE 726 OF 5LAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH A PORTION OF LOT ~A# OF LOT LINE A/)JUSTMENT NO. 3057 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN INSTRUMENT NO. 90541, RECORDED MARCH 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, MORE PARTICULARLY DESCRIBEDAS FOLLOWS: BEING A 15.00 FOOT WIDE STRIP OF LAND LYING SOUTHERLY AND WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 11, BEING SOUTH 74°17'38" WEST, 95.65 FEET FROM THE NORTHF2%ST CORNER OF SAID LOT 11; THENCE LEAVING SAID NORTHWESTERLY LINE OF LOT 11 SOUTH 01°18'16" EAST, 132.58 FEET; THENCE NORTH 85°14'16" EAST, 131.00 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL ~A" AS DESCRIBED IN INSTRUMENT NO. 50647 RECORDED FEBRUARY 14, 1997 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE; THENCE SOUTH 82"47'34" EAST, 10.20 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL ~C" OF INSTRUMENT NO. 50649 RECORDED FEBRUARY 14, 1997 IN SAID OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE; .. THENCE SOUTH 69°58'14" EAST, 171.00 FEET; THENCE SOUTH 20°13'51" EAST, 33.42 FEET; THENCE SOUTH 54°28'14" EAST, 43.09 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT ~A" OF LOT LINE ADJUSTMENT NO. 3057, SAID POINT BEING THE TERMINUS OF SAID 15.00 FOOT WIDE STRIP. THE SOUTHERLY AND WESTERLY LINE OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT SAID NORTHWESTERLY LINE OF LOT 11 AND SAID NORTHEASTERLY LINE OF LOT "A". PAGE 2 OF 2 EXCEPTING THEREFROM ANY PORTION NOT CONTAINED WITHIN SAID LOT 11 AND SAID LOT "A". CONTAINING 8,192.37 SQUARE FEET OR 0.188 ACRES, MORE OR LESS. THE ABOVE PA/{CELS ~ RESERVATIONS, RESTRICTIONS, IF ANY OF RECORD. SUBJECT TO COVENANTS, CONDITIONS, RIGHTS, RIGHTS-OF-WAY ~D F2%SE~NTS, SEE EXHIBIT ~B# ATTACHED HERETO ~r NO. 7161 ~r LOT 11 TOWN o~ r=_~£04//~ M8 15./728 .S.D. C~ <N 74'17'38" 25. 75' <A. 8'I I <R - 756.00'> <L I I08.13'> [R- [I.- 163.80'] ~NST. NO. 50647 REC'D 2/I 4/97 [ ] DENOTE~ RECORD ~: ME, AS. ¢ > DENOTES RECORD ~c MEAS. DATA PER INST, NO. 50649 DATA PER INST. NO. 50647 -------REC'D 2/14/97 REC'D 2/14/97 Trans-Pacific Consultants ....... 27447 Enterprise Circle West° Temecul~. CA,. 92590 THIS PLAT IS SOLELY AN AIO IN LOCATING TN~ PARC~L.(S) DESCRIED IN ~ ATTACHED DOCUMENT. IT IS NOT PART OF THE '~I~ITT/N DESCRIPTION THEREIN. EASEMENT EXHIBIT ~l~f"'z TO",:' nwc:. ( ) DENOTL~ RECORD DATA PER '~ LOT LINE ADJUSTMENT NO. 3057, INST. NO. 9054I, REC'D 3/19/9; CIVIL ENGINEERS LAND SURVEYORS. PLANNERS 4w-o- # SHEET 1 OF I 12--55--02 RESOLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN "LICENSE AGRF.~MENT BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC., FOR USE OF REAL PROPERTY" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINF~ AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the design of the improvements for the 1-15/Highway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the relocation of the Eastern Municipal Water Distriet's sewer lift station which is currently located on what will become a portion of the street improvements. C. The Interchange improvements also call for the realignment of streets near the property owned by Electrend, Inc. D. Electrend, Inc. will grant an access easement over its property to EMWD for maintenance of the sewer lift station. The configuration of the street improvements and the sewer lift station at this location leaves a small portion of the City's right of way unused. D. Approval of the License Agreement with Electrend, Inc., promotes the health, safety and welfare of the community as it makes productive use of City land and accommodates necessary sewer improvements. Section 2. The City Council of the City of Temecula hereby approves that certain "License Agreement Between the City of Temecula and Electrend, Inc., For Use of Real Property," attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Agreement on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the implementation of the Agreement described in Section 2. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 7th day of October, 1997. Patricia H. Birdsall, Mayor r:~Nidrpt~97~1007~easement.wbc ATTEST: 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, 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 7th day of October, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: r:~lodrpt~97~1007~ealement.wbc RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: City of Temecula 43200 Businms Park Drive Temecula, California 92502 Attention: June S. Greek, City Clerk EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC. FOR USE OF REAL PROPERTY THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a municipal corporation ("City") and Electrend, Inc. ("Electrend") and is made and effective as of October ,1997. In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. Recitnl.~. This Agreement i~ made with respect to the following facts and for the following purposes which the parties hereto acknowledge as true and correct: a. Electrend is the owner of certain re~l property in the City of Temecula generally known as the Texaco Service Station located on Front Street and described on Exhibit A, attached hereto and incorporated by this reference as though set forth in full (hereafter "Electrend Parcel"). b. The City owns abe right of way for portons of Front Street and First Street which are located adjacent to the Electrend Proper~y, and more particularly depicted on the map in Exhibits C and E, attached hereto and incorporated herein by this reference as though set forth in full (hereafter "City Right of Way"). c. The City will not need ~e entire City Right of Way area for street and utility parpcea~ and both City and Electrend desire timt the porton of the City Right of Way which will not be needed for street or utility pmlxm~ be put to productive use by allowing Electrend to use a portion of lie City Right of Way for parking in conjunction with its commercial operations on the Electrend Parcel. 2. ! .imi~d Right to Use City R/gbt of Way. City hereby grants a license to Electrend to use approximately 0.053 acres of the City Right of Way (hereafter the "Licensed Premises") for the p~ of additional parking for the commercial businesses on the Electrend Parcel, subject to the terms and conditions of this Agreement. The Licensed Premises is more particularly described and depicted on Exhibit G, attached hereto and incorporated herein as though set forth in full. 3. Use Fee. Electrend shall pay to the City the sum of one dollar ($1.00) on the first day of each year during the term of this License Agreement. 4. Term ofIiee~,. m U.~. ~ I im~,ti l~mi.~-s. Electrend ~ ~ve ~e ri~t w ~ ~ ~ ~ ~ ~ ~ ~ ~ment ~om ~ ~m of ~fi~ ~om ~e Direcwr of ~blic Wor~ ~at ~e ~ P~ ~ avai~ble for ~ by Elec~ ~fil Ju~ 30, 2037, uM~ ~r ~r~mmd p~ m ~ ~ A~ment. ~s ~ ~n ~ exm~ by mural a~ment of ~ ~rfi~. ~s ~ A$~ment my ~ m~m~ prior ~ ~e expiation of ~e ~ u~n &e following event: a. City may terminate u'fis A~ecazat if Electrend fails to comply with the terms of fids License.Agreement, provided tim Elecu'end has been given written notice describing its failure the deficiencies of not less than thirty (30) days. 5. Maintenance of I .ice~ed Premises. a. Electrend shall use the Licensed Premises for parking and landscaping in connection with its commercial businesses on the Electrend Parcel in accordance with the Temecula Municipal Code and the terms and conditions of the land use entitlements issued by the City for the parking. b. Electrend shall maimtin Ihe Licemad Premises in a neat and clean condition at all time. Fleetrend shall maintain ~he tan'face of the parking ~paces in accordance with generally accepted maintenance standards for retail commercial parking lots. Electrend shall maintain the landscaping and irrigation and replace any plant mam-ial as needed in accordance with the landscaping plan approved pursuant to its land us entitlements. real property compensation. installed Upon the termination of this License Agreements, any improvements to the by Electrend shall become the property of the City without further 6. Indemnification of City Pff l~iec~-e~d. ElecUvx~ shall defend, indemnify, assume all responsibility for and hold the City, and its elected and appoimed officers and employees, harmless from all costs (including attorneys fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuriez to persons, including death, which may be caused by any of the Electrend's activities with res~ct to the Licensed Premises, whether such activities or performance thereof be by the Electrend or anyone directly or indirectiy employed or coreracted with by Electrend and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remedlation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et seq.], Ihe Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et ~ and California Health and Safety Code Section Code Section 25280 ~ at any place where Electrend owns or has conwol of real property pursuant to any of Electrend'$ activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and Cali- fornia Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from liability. 7. Notices. Any notices which either party may desire to give to the other party under this License Agreement must be in writing and may he given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (ill) mailing in the United States Mail, certified mail, postage prepaid, To City: City of Temecula 43200 Busimss Park Drive Temecula, California 92590 Attention: City Manager To Electrend: Electrend, Inc. 29115 Front Street Temecula, California 92590 Attention: Lon Kashmere 8. !~.ntlre Agreement. This Agreement and any documents attached hereto or referred to herein integrate all terms and conditions of the matters and agreements described herein or incidental hereto and supersede all oral or writ~n negotiations and prior writing in r~t to the subject matter of this Agreement. 9. Aanrr~vs' Fees a~ Co~. ff any legal action or proceeding arising out of or relating to this License Agreement is brought by any party to this License Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs and expanses incurred in the aclion or proceeding by the prevailing party. 10. No Waiver: Remedies C,rmdntive. No delay or omission to exercise any right, power or remedy accruing to City on any default by Electrend under this License Agreement shall impair any such right, power or remedy of City nor shall it be construed as a waiver of or acquiescence in any such default, or of or in any similar default occurring later; nor shall any waiver of any single default be deemed a waiver of any other default occurring before or after that waiver. All remedies, either under this License Agreement or by law or otherwise afforded to City or Electrend shall be cumulative and not alternative. 11. Coverant~ to R-n With I and. Of the coverants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of both the City Right of Way and the Electrend Property, and shall be binding upon the successors and assigns of the parties hereto. //// //// //// IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be duly executed by ~heir respective duly authorized officials, officers or representatives as of the date first set forth above. CITY OF TEMECULA Patricia H. Birdsall, Mayor Attest: June Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney ELECTREND, INC., a California Corporation By: Name:. /.~ o Title: By: Name: Title: EXHIBXT A LEGAL DE$CRLPTION OF ELECTREND PARCEL EXHIBIT "A" LEGAL DESCRIPTION FOR ELETREND PARCEL SHEET 1 OF ! LOT 10 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN TFIE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIECO, STATE OF CALIFORNIA, AND ALSO LOTS 1 AND 2 OF CERTIFICATE OF COMPLIANCE NO. PA93-0177 RECORDED FEBRUARY 24, 1994, AS INSTRUMENT NO. 077303 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. EXHIBIT "B' -10 NO. PA93-O! 77 INST. NO. 07730,5 REC'D 2/24/94 cOO, 2 558.03' WESTERN BYPASS t CORRIDOR _., LOT A "- L.L.A. f13057 '~. INS'?. NO. ~0541 ...t REC'D EXHIBIT C AND E MAP DEPICTING CITY RIGHT OF WAY EXHIBIT "C" LEGAL DESCRIPTION FOR ROAD EASEMENT PARCEL "A" SHEET I OF 2 BEING A STRIP OF LAND, 88.00 FEET IN WIDTH, OVER A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TKMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF C/tLIFORNIA, AS FILED IN BOOK 32, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PA/~TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15°42'22" WEST, 135.21 FEET TO A POINT ON AN 756.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6°53'27" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTPAL ANGLE OF 8°11'43", AN ARC DISTA/gCE OF 108.13 FEET; THENCE ALONG A RADIAL LINE NORTH 1°18'16" WEST, 88.00 FEET TO AN 844.00 FOOT P~IUS NON-TANGENT CURVE, CONCENTRIC WITH SAID 756.00 FOOT PJ%DIUS CURVE; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°43'49" AN ARC DISTANCE OF 84.41 FEET TO SAID EASTERLY LII~ OF LOT 11; THENCE ALONG SAID EASTERLY LINE SOUTH 15°42'22" EAST, 94.47 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 8,468 SQU/tRE FEET OR 0.194 ACRES, MORE OR LESS. PAP, CEL ~B" BEIN~ 'A PORTION OF SAID LOT 11, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID SOUTHEASTERLY CORNER OF LOT 11; THENCE ALONG SAID F2%STERLY LINE OF LOT 11 NORTH 15°42'22" WEST, 281-.91 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87e07'19" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; H:%~,~VI.DOC EP, DC, INC. EXHIBIT "C" SHEET 2 OF 2 THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°04'27" AN ARC .DISTANCE OF 20.76 FEET; THENCE SOUTH 43°10'43" WEST, 37.57 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL ~A" AS DESCRIBED HEREINABOVE, SAID POINT ALSO BEING A POINT ON AN 844.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHERLY, A PJtDIAL LINE TO SAID POINT BF2%RS NORTH 1°36'29" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°49'04", A DISTANCE OF 41.51 FEET TO SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY LINE NORTH 15°42'22" WEST, 52.23 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 773.00 SQUARE FEET, OR 0.018 ACRES MORE OR LESS. THE ABOVE DESCRIBED PARCELS A/~ SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND F2%SEMENTS, IF ARY, OF RECORD. SEE EXHIBIT ~B" ATTACHED HERETO H:~EVI.DOC SCALE: 100' CURVE DATA EXHIBIT "D" GRAPHIC SCALE ( m 11,~.~ ) (~) /~ - 5'43'49' R - 844.00' L - 84.41' ~ ..~ (~) /~ - 2'49'04' ,--,i ~. ~ R - 844.00' N 1'36'29' E (R) C'~ '13 .~ ~ · . ,,.5, .......... · R - 800.00' I -+- .... ~,~ ~- r-- _ - , - -.---- ~ PARCEL A ...... , m O. ! 94 ACRES LOT A L.£.A. ~3057 INST', NO. g054~ REC'D 3/~g/g~ Trans-Pacific Consultants 27447 Enterprise Circle West, Temeculo, CA., 92590 1HIS PLAT IS SOLELY AN AID IN LOCATING THE: ATTACHED DOCUMLrNT. IT IS NOT PART OFTHE I~RITTtN DLr$CR~P11~N SCALE: I"- 100' I DRA~I BY TJL OATE12/20/96{ EXHIBIT SHEET 1 o~ FOR ROAD CIVIL ENGINEERS LAND SURVEYORS, PLANNERS 1 W.O. ~ 412- 55-02 EASEMENT REV1 .DWG EXHIBIT "E' LEGAL DESCRXPTION PANEL ~C" BEING A PORTION OF LOT 11 IN BLOCK 32 OF ThE TOWN OF TF_/~ECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 32, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHF. J%STERLY CORNER OF SAID LOT 11; THENCE ALONG THE F. JtSTERLY LINE OF SAID LOT 11 NORTH 15°42'22" WEST, 288.50 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 11, SA/D POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 11 SOUTH 74°17'38" WEST, 71.90 FEET; THENCE LEAVING SAID NORTHERLY LINE AND A/~ONG A RADIAL LINE SOUTH 1°18'16" EAST, 34.86 FEET TO A POINT ON AN 844.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY SAID CURVE ALSO BEING THE NORTHERLY LINE OF PARCEL "A" AS DESCRIBED IN EXHIBIT ~A" HEREIN; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°54'45", AN ARC DISTANCE OF 42.90 FEET TO THE MOST WESTERLY CORNER OF PARCEL "B" AS DESCRIBED IN EXHIBIT "A" HEREIN; THENCE LEAVING SAID CURVE NORTH 43°10'43" EAST, 37.57 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 84°02'52" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3"04'27" AN ARC DISTANCE OF 20.76 FEET TO SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY LINE NORTH 15"42'22" WEST, 6.59 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 2,750.57 SQUA/~E FEET OR 0.063 ACRES, MORE OR LESS. SEE EXHIBIT "D" ATTACHED HERETO !ml)C, INC. EXHIBIT "F" .4'3- SCALE: I"= I 00' GRAPHIC SCALE I lick,- 100 fl. CURVE DATA PARCEL "C"' '~, (3) ~ ..== JeT. oo' ~.o, _.. -% L 20.76' 20 :~ ___.L_.-.-"- ..... ,,,. , # j /I '~ ~-'"" -- ,,o.,o 'ri ' R ' e'~._. S'I 11 LOT A I_.L.A. #3O57 INST. NO. 90541 REC'D Trans-Pacific Consultants 27447 Enterprise Circle We~t. Temecula, CA., 92590 THIS PLAT iS ~31.F~¥ AN &ID IN LOCAlIlia THE PARC~$) DES(~I~D IN mE ATTA(~IlrO DO(RJMENT. IT I$ NOT PART OF ~ II~IT'~N ~1110N THe:REIN. SCALE: '~"- 100' I OR,~I 9Y TJL OAILr12/?0/961 EXHIBIT FOR CIVIL ENGINEERS LAND SURVIEYORS, PLANNERS SHEET 1 OF 1 W.O. ~ 412-55-OZ LEGAL DESCRIPTION REV2.DWG EXHIBIT G LEGAL DESCRIPTION AND MAP OF LICENSED PREMISES EXHIBIT 'G' LEGAL DESCR/PTION FOR ~X:~ESS AND LANDSCAPING F~E~NT BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS. FILED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND ALSO BEING A PORTION OF THAT PARCEL OF LAND GRANTED TO THE CITY OF TEMECULA IN DEED RECORDED FEBRUARY 14, 1997 AS INSTRUMENT NO. 050647 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE ALONG THE BOUNDARY OF PARCEL ~C" AS DESCRIBED IN SAID INSTRUMENT NO. 050647 THE FOLLOWING COURSES: ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15°42'22" EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87°07'19" EAST; THENCE LEAVING SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°04'27" AN ARC DISTANCE OF 20.76 FEET; THENCE NON-TANGENT SOUTH 43°10'43" WEST, 37.57 FEET TO A POINT ON A 844.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01°36'29" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°54'45" AN ARC DISTANCE OF 42.90 FEET; THENCE LEAVING SAID CURVE NORTH 01°18'16" WEST, 34.86 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 11; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 74017'38" EAST, 71.90 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 SOUTH 15°42'22" EAST, 6.59 FEET TO A POINT ON A 387.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 87°07'19" EAST; T~F_~CE LEAVING SAID F~TEP~LY LINE SOUTHEP~LY ALONG SAID ~ T~OUGH A CENT~ ~GLE OF 3"04'27" ~ ~C DIST~CE OF 20.76 ~ET; T~CE NON-T~G~NT SOUTH 43"10'43" ~ST, 31.48 ~ET; T~CE NORTH 15"42'22" WEST, 17.35 ~ET TO T~ TR~ ~INT OF T~CE SOUTH ~4~3~" ~ST~ ~.~0 ~ET~ T~CE NORTH 61~29'25" ~T, 22.85 ~ET; T~NCE SOUTH 84"19'39" ~T, 6.75 ~ET; THENCE SOUTH 16~14'05" ~T, 11.57 ~ET; T~CE SOUTH 43"10'43" WEST, 6.64 ~ET; T~NCE SOUTH 74"17'38" WEST, 9.39 ~ET TO T~ T~ ~INT OF ~GI~ING. CONTAINING 2,325 SQU~ ~ET OR 0.053 AC~S, MO~ OR LESS. SEE EXHIBIT "B" ATTACHED HERETO H:~kCC~ CTFYOF~ 9/22~97 ITEM 6 TO: FROM: DATE: SUBJECT: APPRt~VA! CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Release Faithful Performance Warranty, Labor and Materials, and Subdivision Monumentation Bonds in Tract No. 22716-F (Northeasterly of intersection of Meadows Parkway at Rancho Vista Road) PREPARED BY: ~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of the Faithful Performance Warranty and Labor and Material Bonds for the public Street, Water, and Sewer improvements, and Subdivision Monumentation Bond in Tract No. 227164:, and DIRECT the City Clerk to so advise the several Developers and Sureties. BACKGROUND: On October 24, 1989, the Riverside County Board of Supervisors entered into subdivision agreements with: Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.) 24461 Ridge Route Drive, Suite #100 Laguna Hills, CA 92653 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: 1. Bond No. PB 300 11 376 in the amount of $72,500 to cover street improvements. 2. Bond No. PB 300 11 376 in the amount of $16,000 to cover water improvements. 3. Bond No. PB 300 11 376 in the amount of $19,000 to cover sewer improvements. Bond No. PB 300 11 376 in the amount of $53,750 to cover material and labor for street, water, and sewer improvements. :~q~hpt~6~0813~'22716F.&:cr 5. Bond No. PB 300 11 377 in the amount of $6,400 to cover subdivision monumentation. Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. On June 28, 1994, the new partnership, Tayco, a California General Partnership (comprised of Taylor Woodrow Homes California Umited, a California Corporation, and Taylor Woodrow 'Real Estate, a California Corporation) submitted a new agreement and riders to the surety bonds for City Council acceptance and approval. Tayco has sold this project and subsequent interests have been acquired by: Van Daele 79 Venture, Ltd. a California corporation, 2900 Adams Street, Suite C-25 Riverside, CA 92504 The new developer submitted a substitute Subdivision Improvement Agreement and securities for this project. The surety, American Motorists Insurance Company, posted the following securities anticipating a partial reduction in faithful performance bond amount: Bond No. 3SM80712400 in the amount of $53,750 to cover the remaining street, and water and sewer system improvements and warranty amount for faithful performance. Bond No. 3SM80712700 in the amount of $6,400 to cover subdivision monumentation. Bond No. 3SM80712400 in the amount of $53,750 for street, and water and sewer systems labor and material. On June 27, 1995, the City Council authorized the fifty-percent (50%) maximum partial reduction in the Faithful Performance Bond amount under the terms of the basic Subdivision Improvement Agreement, and accepted the substitute securities. On August 13, 1996, City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction of the faithful performance securities to the ten- percent (10%) warranty level as follows: Bond No. 3SM80712400-Street, water, sewer improvements warranty- $10,750 Public Works Staff has determined that all necessary work including repairs/replacement have been completed. Therefore Public Works Staff recommends that this Faithful Performance warranty bond be released. The developer was required to post Labor and Materials bonds to ensure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six- month period following City Council acceptance of the improvements. No claims having been filed against the developer for either labor or materials, Staff recommends the release of the following labor and materials security: Bond No. 3SM80712400-Street, water, sewer labor & materials. $53,750 :~afdt~6~OS 13~'22716F.oc~r The subdivision monumentetlon requirements have also been met. Therefore Staff recommends release of the following security: Bond No. 3SM80712700-Subdivision Monument The affected street was accepted into the City Maintained-Street System by City Council Resolution No. 96-103. The street to be accepted is Corte Seda. FISCAL IMPACT: None. Attachment: Location Map :~qdrl~6~O813~r22716F.~cr NOTI~.: MAPS NOT TO SCALF. TRACT NO. 22716_F Location Map ITEM 7 TO: FROM: DATE: SUBJECT: APPRnVA! (~/,. ~ CITY ATTORNEY FINANCE DIRECTG~.~. CITY MANAGER .,,~'~' CITY OF TEMECULA AGENDA REPORT City Council/City Manager  -Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Quitclaim Public Utility Easements over portion of Campos Verdes (Proposed middle school site Easterly of Margarita Road and Northerly of North General Kearny Road) PREPARED BY: ~ RECOMMENDATION: Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer City Council adopt a resolution entitled: RESOLUTION NO. 97-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS (PORTION OF TRACT NO. 3334 FOR SCHOOLSITE EASTERLY OF MARGARITA ROAD AND NORTHERLY OF NORTH GENERAL KEARNY ROAD) BACKGROUND: The Riverside County Board of Supervisors approved Tract No. 3334 on July 6, 1965, including acceptance of offers of easements for the construction and maintenance of public utilities. Several of these easements fall along the property lines of parcels which are to site a proposed middle school over Lots 1, 2, and 3 of said Tract No. 3334 as shown on the attached exhibits. As a condition of the sale of the subject affected parcels, the Temecula Valley Unified School District is requiring that the several easements be quitclaimed so as to provide a site free of easements crossing the actual building site and related improvements. The School District proposes to grant easements to the utilities and water districts as necessary to facilitate utility placement and easements which do not conflict with the proposed physical facilities. The owners agent, Robert Bein, William Frost & Associates, has contacted the several utility companies normally using such easements. Each has stated its' approval for the quitclaim/vacation of these easements which were intended for the overhead pole systems in · :~AGi)EPI~97~ 100'AC~ .E~,M use at that time. With the shift to underground telephone and electrical service systems these easements became obsolete. The subject locations and documents are included with this Staff Report. The legal descriptions are attachments (Exhibits "A" and "B') to City Council Resolution No. 97- FI-~-AI IMPACT: None Attachments: Resolution No. 97- with Exhibits 'A" & 'B" attached. RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTU.ITY EAS~ TO THE UNDERLYING FEE OWNERS a~ORTION OF TRACT NO. 3334 FOR SCHOOLSITE EASTERLY OF MARGARITA ROAD AND NORTHERLY OF NORTH GENERAL ROAD) THE CITY COD'HCIL OF THE CITY OF ~ DOES RF.~OLVE, DE"I'I~~ AHD ORDER AS FOLI~WS: WHEREAS, The Owners of certain real Frosty within the City of Temecula, CAMPOS VERDES, x-x C, a ~ Liab'fiity Company, are in the process of selling certain parcels to the Temecula Valley Unified School District (DISTRICT), for the construction and operation of a DISTRICT facilities; and, WliEI~EAS, The said DISTRICT requires that all public utility along lot lines which will interfere with the construction of school buildings and related facilities be quitclaimed/vacated prior to acquisition of the parcels proposed for the schoolsite; WHISttEAS, The several public utilities and water districts for which easements were granted on Tract Map No. 3334, and expressly over Lots 1-4, are no longer required for the several utilities installation and maintenance of the/r facilities are in accord with the vacation/quitclaim of these easements:, NOW, THEREFORE, BE 1T RESOLVI~D, that the City Council of the City of Temecula hereby authorizes the quitclaim of said public utility easements as accepted by lhe County of Riverside and by succession to the City of Temecula as set forth in Exhibits 'A' and "B' attached hereto. PASSED, APPROVED, AND ADOFF!~, by the City Council of the City of Temecula at a regular meeting held on the ?th day of October, 1997. Patricia H. Birdsall, Mayor, ATTEST: June S. Greek, City Clerk R:h~ODRPT~9'A 10(FAC~ .B~M STATE OF CALY~ORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMF. CULA ) I, ]une S. Greek, City Clerk of the City of Temecula, Calif--, do hereby certify that Resolution No. 9q- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 7th day of October, 1997, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILlviF..MB~: CO~C]LMF. IVH~: CO~~~: CO~C~~: EXHIBIT ~A~ TO RESOLUTION NO. 97- Quitclaim certain em,-wn~u*s offered to and accepted by the myerside County B(mrd or Supervisors for the construction and rpolnte~ence Of public !qi!ltles at the t~ne of approval of Tract No. 3334. Further described as follows: 3~ne Real Prolmrty s~,-te~ in the County of Riverside, State of California, described as follows: Six strips of !and desitmated and describes as Public Utility gJ.oements (P.U.F..) and more partimlady described as the Westerly 6.00 feet of Lot 1, the Easterly and Westerly 6.00 feet of Lots 2 & 3, and the Easterly 6.00 feet of Lot 4, all lying within Tract 3334, as shown by Map on file in Book S4, Pages 2S through 30 Inclusive of Maps, in the office of the County Recorder of said Riverside County. it:~AO~I007~~.BSM EXHIBIT 'B' TO RESOLUTION NO. 97- SUBJECT VACATION- PUBLIC UTIUTY EASEMENTS TO UNDERLYING FEE OWNERS VICINITY MAP NttTp: MAPK NflT Tfl K(':-A! P [F(tFNn PUBUC UTILITY EASEMENTS TO BE VACATED BY THIS ACTION ITEM 8 APPRnVA~ CITY ATTORNEY FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager  'Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Release Warranty and Labor and Materials Bonds in Tract No. 23125-1. (Northeast comer at Butterfield Stage Road st De Portola Road) PREPARED BY: /~.~'Ronald J. Parks, Principal Engineer - Land Development ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE the release of the Faithful Performance Warranty bonds for Street, Drainage, and Water and Sewer Improvements, and the Labor and Materials Bonds in Tract No 23125-1, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 28, 1993, the City Council approved Tract Map No. 23125-1, and entered into subdivision agreements with: The Toman Company, Inc. 18002 Skypark Circle Irvine, CA 92714 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentstion. On November 15, 1994. the City Council accepted and approved substitute agreement and securities as posted by American Casualty Company of Reading, Pennsylvania (AMCAS) and /or The American Insurance Company (AIC) on behalf of the following successor-in-interest to the Toman Company: Kaufman end Broad of San Diego, Inc. 12626 High Bluff Drive, #400 San Diego, Cs 92130 The substituted securities posted were as follows: Bond No. 137648998 (AMCAS in the amount of $319,500) and Bond No. 11133152279 (AIC in the amount of $329,500) for a total amount of $639,000 to cover faithful performance for streets and drainage, and water and sewer improvements. Bond No. 137648998 (AMCAS in the amount of $160,000) end Bond No. 11133152279 (AIC in the amount of $160,000) for a total amount of $320,000 to cover labor and materials for street and drainage, and water and sewer improvements. Bond No. 137649018 (AMCAS) in the amount of $4,212 to cover subdivision monumentetlon. Bond No. 137649004 (AMCAS) in the amount of $6,300 to cover traffic signal mitigation fees On January 23, 1996, the City Council accepted the public improvements, authorized initiation of the one-year warranty period, reduction in Faithful Performance Street, Drainage, and Water and Sewer Improvement bond amounts to the ten-percent (10%) warranty level, and release of the Subdivision Monumentetlon and Traffic Signalization Mitigation bonds. The following amounts were held for the warranty period: Street, Drainage, Water, and Sewer Improvements (AMCAS Bond No. 137648998 and AIC Bond No. 11133152279) $63,900 Public Works Staff has reviewed the project in the field and all necessary repairs/replacements have been satisfactorily completed. Staff therefore recommends the release of the Faithful Performance Warranty securities. The developer was required to post Labor and Materials securities to ensure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six-month following City Council acceptance of the improvements. No claims having been filed against the developer for either labor or materials, Staff recommends release of the following labor and materials security: Street, drainage, Water and Sewer Improvements (AMCAS Bond No. 137648998 and AIC Bond No. 11133152279) $320,000 The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-06. The streets within the subdivision accepted were Calle Morita, Via Chapparo, and a portion of Via Sabino. Several perimeter streets were also accepted into the City Maintained-Street System by City Council Resolutions No. 95-29 and 95-30 (Portions of De Portola Road and Butterfield Stage Road). FIRCA! IMPAnT: None Attmchment: Location Map TRACT NO. 23195-1 Location Map NOTE: MAPS NOT TO SCALE ITEM 9 TO: FROM: DATE: SUBJECT: APPRrtVA! CITY ATTORNEY F . .CE DIRECTO .. CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Release Faithful Performance Warranty and Labor and Material Bonds in Tract No. 22716-4.(Northeasterly of intersection of Meadows Parkway at Rancho Vista Road) PREPARED BY: Ronald J. Perks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE Release of the Faithful Performance Warranty and Labor and Material Bonds for the Public Street, Water, and Sewer Improvements in Tract No 22716-4, and DIRECT the City Clerk to so advise the several Developers and Sureties. BACKGROUND: On October 24, 1989, the Riverside County Board of Supervisors entered into subdivision agreements with: Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.) 24461 Ridge Route Drive, Suite #100 Laguna Hills, CA 92653 for the improvement of streets, installation of sewer and water systems, and subdivision monumentetlon. Accompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: 2. 3. 4. Bond No. PB 300 11 385 in the amount of $325,000 to cover street improvements. Bond No. PB 300 11 385 in the amount of $98,000 to cover water improvements. Bond No. PB 300 11 385 in the amount of $68,000 to cover sewer improvements. Bond No. PB 300 11 385 in the amount of $245,500 to cover material and labor for street, water, and sewer improvements. Bond No. PB 300 11 386 in the amount of $13,800 to cover subdivision monumentetlon. ~dfdfpt~6~OS 13~'227164.acc Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. On June 28, 1994, the new partnership, Tayco, s California General Partnership (comprised of Taylor Woodrow Homes California Umited, a California Corporation, and Taylor Woodrow Real Estate, a California Corporation) submitted a new agreement and riders to the surety bonds for City Council acceptance end approval. Tayco sold this project and subsequent interests were been acquired by: Van Daele 79 Venture, Ltd. a California corporation, 2900 Adams Street, Suite C-25 Riverside, CA 92504 The new developer submitted a substitute Subdivision Improvement Agreement and securities for this project. The surety, American Motorists Insurance Company, posted the following securities anticipating a partial reduction in faithful performance bond amount: Bond No 3SM80712300 in the amount of $245,000 to cover the remaining street, water, and sewer system improvements and warranty amount for faithful performance. Bond No. 3SM80712600 in the amount of $13,800 to cover subdivision monumentetlon. Bond No. 3SM80712300 in the amount of $245,000 to cover street, end water and sewer system labor and materials. On June 27, 1995, the City Council authorized the fifty-percent (50%) maximum partial reduction in the Faithful Performance Bond amount under the terms of the basic Subdivision Improvement Agreement. On August 13, 1996, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction in the faithful performance securities to the ten- percent (10%) warranty level as follows: Bond No. 3SM80712300-Street, water, sewer improvements warranty- $49,000 Public Works Staff has determined that all necessary work including repairs/replacements have been completed. Therefore Public Works Staff recommends that this Faithful Performance Warranty bond be released. The developer was required to post Labor and Material bonds to assure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six- month period following City Council acceptance of the improvements. No claims having been made against the developer for either labor or materials, Staff recommends release of the following labor and materials security: Bond No. 3SM80712300-Street, water, sewer labor & materials. $245,000 ~agdrpt\96~ 13~'227164.ar, c The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96- 103. The streets accepted were Cone Pergamino. Calle Jamill. Cone Balboa. and portions of Rancho Vista Road and Camino Mares. FISCAL IMPACT: None. Location Map ~h!~96~0~ 13~227164.a~ NOT!~.: MAPS NOT TO SCAI,E // t$ TRACT NO. 22716-4 Location Map ITEM 10 APPRnVAI .~,. CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Accept Subdivision improvements in Tract No. 22762 (Westerly of the intersection of Ynez Road at Preece Lane) PREPARED BY: 2~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 22762, AUTHORIZE initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System 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 July 14, 1992, the City Council approved Tract Map No. 22762, and entered into subdivision agreements with: Weyerhaeuser Venture Company, a Nevada Corporation 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 St. Paul Fire and Marine Insurance Company as follows: Bond No. 400 JJ 3794 in the amount of $577,000 ($455,000, $64,500, and $57,500, respectively) for Street and Drainage, Water, and Sewer improvements for faithful performance. Bond No. 400 JJ 3794 in the amount of $288,500 ($227,500, $32,500, and $29,000, respectively) for Street and Drainage, Water, and Sewer improvements for labor and materials. 3. Bond No. 400 JJ 3795 in the amount of $16,500 for subdivision monumentation. Bond No. 400 JJ 3796 in the amount of $17,500 for traffic signalization mitigation fees. R:~G~ 1007~TR22762.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 Faithful Performance Bond amount as follows: Streets and Drainage, and Water and Sewer improvements $519,300 The Faithful Performance Warranty security will be retained in the amount of: Streets and Drainage, Water and Sewer Improvements $57,7O0 The subdivision monumentetlon requirements have been met and Staff therefore recommends release of the following amount: Bond No. 400 JJ 3795 in the amount of $16,500 for subdivision monumentetlon. The traffic signalization mitigation fees have been paid in full and Staff recommends release of the following amount: Bond No. 400 JJ 3796 in the amount of $7,500 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 Corte Malbino, Via Asedo, and portions of Corte Fresca, and Tierre Viste Road. FISCAL IMPACT: None Attachment: Location Map ][:~O~ 1007¥1'g22762.ACC Tract No. ~76~ NOTE,: MAPS NOT TO SC. AI,F, ITEM 11 TO: FROM: DATE: SUBJECT: APPRrlVAI CITY ATTORNEY FINANCE DIRECTOR.~(-~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicek, Director of Public Works/City Engineer October 7, 1997 Acceptance of Public Streets into the City Maintained-Street System (Within Tracts No. 22761 and 22762) (Westerly of intersection of Preece Lane at Ynez Road) PREPARED BY: ~,-~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. 22761 AND 22762) BACKGROUND: The City Council approved Tracts No. 22761 and 22762 on July 14, 1992, and entered into Subdivision Agreements for construction of street and drainage, and water and sewer system improvements, subdivision monumentation and traffic signalization mitigation fees with Weyerhaeuser Venture Company, a Nevada Corporation. On October 7, 1997, the City Council accepted the public improvements for these tracts. The public streets now being accepted by this action are: Tract No. 22761: Calle Reva, Corte Ocaso, and portions of Preece Lane and Tierre Vista Road. Tract No. 22762: Corte Malbino, Via Asado, and portions of Corte Fresca and Tierra Vista Road. ~:~DIOrl~97~100'ATIO27612.,V1~ FISCAL IMPACT: Periodic surface end/or structural maintenance will be required every 5 to 8 years. Att~ehm,~t~: Resolution No. g7- with Exhibits 'A-B', inclusive. R:~AODRPT~9'A100~TR227612.$T$ RESOLUTION NO. ~/- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMF_CULA ACC,'~'I~G CERTAIN PUBLIC STI~K~I~ INTO THE CITY MAINTAINED-ST~T SYSTEM (W1TUIN TRACTS NO. 22761 AND 22762) THE C1TY COUNCIL OF THE CITY OF TI~IECULA DOES RF. SOLVE, D~ AND ORDER AS FOLLOWS: WH~:~tE~q, The City Council of the City of Temecula accepted an offer of dedication of certnin lots for street and public utility purposes made by Weyerhaeuser V~nture Company, a Nevada Corporation, with the recordation of Tract Maps No. 22716 and 22762; and, V~H~..AS, The City of Temecula accepted the improvements within Tracts No 22761 and 22762 on O~tober 7, 1997. NOW, THKRFJ~ORE. BE IT RESOLVED, that the City Council of the City of Temecuh hereby accepts into the City l~nl.mined-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. PA~qED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 7th day of October, 1997. Patricia H. Birdsall, Mayor ATrF_.,ST: June $. Greek, City Clerk R:~,GDRPI'~7~ 1007~TR227612.STS [$F.~,] STATE OF CALIFORNIA COUNTY OF RIVF. IISIDE CITY OF TF, MF, CULA I, Jm~ $. Greek, City Ckrk 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 7th day of-October, 1997, by the following vote.' AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCH-M'F~MBERS: COUNCII2~-MBERS: COUNCH~M~MBERS: COUNCILMEMBERS: R:~O~ 1007~TR227612.STS EXIi!~IT "A" TO ~LUTION NO. 97- A~epfinr the public streets offered to and accepted by the City of T~p as indicated on Tract Maps No. 22761 and 22762, and accepting subject public streets into the City Maintained- Street System as described below: A. Those lots described as Lots "A*' through "E# inclusive, as shown on Tract Map No. 22761, filed 30 July 1992, in Book 240 of Maps, Pgs 1-9 Incl., further described as follows: Lot NAw** Lot NB' Lot "C" Lot NDn Lot "E" Portion of Ynez Road Portion of Preece Lane Portion of Tierra Vista Road Calk Reva Corte Ocaso B. Those lots described as Lots 'A' through 'D' inclusive, as shown on Tract Map No. 22762, f'ded 30 July 1992, in Book 240 of Maps, Pgs 16-16 Incl., further described as follows: Lot ~Am Portion of Tlerra Vista Road Corte Malbino Via Asado Portion of Corte Fresca ** Ynez Road was a portion of the County Road-M~intpined System prior to incorporation, and became part of the City l~sain~ined-Strect System by succession on December 1, 1989. R:k4GDRPFW'A 100'AT'R227612 .,Tl~ {~ J,, 34' ~ ¼ 17 4! 48 ~ 4Z4~ 4~ SI ITEM 12 CITY ATTORNEY ' ~1~ FINANCE ~f~=~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Waiver of Application/Permit Fee for Rancho Vista High School 'Drug Free Run or Walk' Event (Rancho Vista Road to Rancho California Road and Return) PREPARED BY: ./~FRonald J. Parks, Principal Engineer - Land Development /~ Albert K. Crisp, Permit Engineer. RECOMMENDATION: That the City Council waive the permit/application fee adopted by City Council Resolution No. 91-96 entitled 'Adopting Standards and Procedurea for Special Events on Public Streets, Highways, Sidewalks, or Public Rights of Way", for October 25, 1997 'Drug Free Run or Walk' sponsored by Rancho Vista High School. BACKGROUND: City Council instructed Staff at the September 23, 1997, City Council Meeting to prepare staff report for discussion relating to waiver of application/permit fee for a special event sponsored by Rancho Vista High School. The enabling City Council Resolution No. 91-96 set forth a minimum $100.00 application/permit fee for events falling within the public rights of way. This resolution does not provide a mechanism for waiver of such fees. The sponsor was issued Special Events Permit LD96-O11SE for a similar event held on October 19, 1996. The requisite fee was paid at the time of issuance. FI-q~AI IMPACT: Attmchrn-~tt: Resolution No. 91-96. R:~GDRPT~97~ 1007~DRUGRUNW.AIV fIELD o511DDORT A DRUG F12EE TEMECUIA RANCtt VISTA ItIGtt ~CIIOOL ~nr~nn~ .... ~ UG ~,~' ® RUN OR WALK® oSfiturday, October 25,1997 / ~esis~a~on:N 8:C 0 a.m. - ~esis~aUon I{ ~CIgT~TION ~O~ ON BACK]/ Ran~o V~s~ 31340 R~cho Vis~ Temec~a q {~sht acro~ from I.V.~.&) ~. ~ [909] 695=7320 - ,F'tW4 T~E W~~~ FAMILY frOIN US IN A Z~A&T~ ALTERNATIVE TO DRUGS * *MEDAL& FOI~ ALL AGE CATEC, OI~II~$*FI2EI~ $TARB~CK$ COI~I~EE*DI%AWlNG FOR. GI~EAT DRIZE$ REGISTI TION I ORM * Die-register by OcL 25th at R. anc6o Vista ~ ~ool and be entered special pine drawing * ]q_ame C~ty/State/ZLo · . ~emale Male ~a/d: Cash/Check} Check one age category: -Patent and Child trader 5 15-18 6-10 11-14 46-49 19-29 ~}-45 .~dd~e~ C~ty/~tate/Z~p Female .~!ale Chck one age category: ' Darent and Child under 15=18 46-59 6-10 19-29 **MkKE C~CK~ DAYABLi~ TO: IRmd: Ca~h/Chedt} .11-14 '60+ DANClIO VI~?A RIG'II ~tlOOL** ITEM 13 APPROVAl 0~~---~ CITY ATTORNEY FINANCE DIRECT ' CITy MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Tract Map No. 23101-4, Located at the northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills in the City of Temecula PREPARED BY.~'~ Ronald J. Parks, Principal Engineer - Land Development Larry Cooley, Assistant Engineer RECOMMENDATION: That the City Council approve Tract Map No. 23101-4 subject to the Conditions of Approval. BACKGROUND: Tentative Tract Map No. 23101, was approved by the County of Riverside Board of Supervisors on November 8, 1988. The Developer, Bramalea California LLC, has met all of the Conditions of Approval. Tract Map No. 23101-4 is a thirty four (34) lot residential subdivision, of 10.2 net acres, located at the northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills. The site is currently vacant. The following fees have been paid for Tract Map No. 23101-4: Monumentation Review Fee The following fees have been paid upon rough grading permit by the developer of Tract Map No. 23100-5: Stephen's K-Rat Fee The following fees have been deferred for Tract Map No.23100-5: Public Facilities Fees Area Drainage Plan Fee (ADP) Due prior to first occupancy Due prior to first building permit The following security for construction of street improvements has been posted for Tract Map No. 23101-4: Faithful Performance Bond for the sum total of $263,500; Labor and Materials Bond in the amount of $131,750; Monumentation Bond in the amount of $2,250. r:~drpt%g7\1007~ 3101-4.fnlJ~c FISCAL IMPACT: None AttAchments: 2. 3. 4. Development Fee Checklist Vicinity Map Tract Map No. 23101-4 Fees & Securities Report r:~gdrpt~g7~ 1007~.23101-4 .fnl~lc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tract Map No. 23101-4 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Habitat Conservation Plan Public Facility Development Impact Fee Quimby CONDITIONS OF APPROVAL RCFCWCD letter dated 6-17-88 Deferred to issuance of grading/builcling Condition No. 21 Due Prior to Grading Permit (Paid) To be paid prior to certificate of occupancy Condition No. 24 (Re-phasing) Due prior to Final Map r:~gdrpt~97~1007\23101-4.1n~c / - / ._i_---~-~ ~ ~ ...---" \ \ \ \ \ \ \ / / / / / / / // ! / / //// / / / / / CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23101-4 IMPROVEMENTS Street and Drainage Water Sewer TOTAL FAITHFUL PERFORMANCE SECURITY $158,000 $ 44,500 $ 61,000 $263,500 $ 2,250 Monument Security DEVELOPMENT FEES RCFCD (ADP) Fee Other Development Fees/Deposit Quimby (includes 50% credit for private facilities) SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due DATE: October 7, 1997 MATERIAL & LABOR SECURITY $ 79,000 $ 22,250 $ 30,500 $131,750 $ T.B.D** $ T.B.D.* 918,450.00 $ 139.00 $ 8.00 $ 1910.00 $ P50.00 $ 2,307.00 $ 0.00 * T.B.D. - To Be Determined r:~gdrpt~97\1007~23101-4.fnl/Ic ITEM 14 TO: FROM: DATE: SUBJECT: APPRnVA! CITY ATTOBNEY FINANCE DIRECTOR~~ CITY MANAGER CiTY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Tract Map No. 23100-5, Located at the northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills in the City of Temecula PREPARED BY: /'~t~'Ronald J. Parks, Principal Engineer - Land Development ~Larry Cooley, Assistant Engineer RECOMMENDATION: That the City Council approve Tract Map No. 23100-5 subject to the Conditions of Approval. BACKGROUND: Tentative Tract Map No. 23100, was approved by the County of Riverside Board of Supervisors on November 8, 1988. The Developer, Bramalea California LLC, has met all of the Conditions of Approval. Tract Map No. 23100-5 is a twenty eight (28) lot residential subdivision, of 10.9 net acres, located at the northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills. The site is currently vacant. The following fees have been paid for Tract Map No. 23100-5: Monumentation Review Fee The following fees have been paid upon rough grading permit by the developer of Tract Map No. 23100-5: Stephen's K-Rat Fee The following fees have been deferred for Tract Map No.23100-5: Public Facilities Fees Due prior to first occupancy Area Drainage Plan Fee (ADP) Due prior to first building permit The following security for construction of street improvements has been posted for Tract Map No. 23100-5: Faithful Performance Bond for the sum total of $299,000; Labor and Materials Bond in the amount of $149,500; Monumentation Bond in the amount of $2,250. r:~gdrpt\97~1007~23 I01-4.fni/ja FISCAL IMPACT: None AttAchments: 2. 3. 4. Development Fee Checklist Project Location Map Tract Map No. 23100-5 Fees & Securities Report r:~gdrl=t~,97'~1007~23101-4 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tract Map No. 23100-5 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Habitat Conservation Plan Public Facility Development Impact Fee Quimby CONDITIONS OF APPROVAL RCFCWCD letter dated 6-17-88 Deferred to issuance of first building permit Condition No. 21 Due Prior to Grading Permit (Paid) To be paid prior to certificate of occupancy Condition No. 24 (Re-phasing) Due Prior to Final Map r:~gdrpfi,9? ~1007~23101-4 .fnl/j8 / / t I I I I CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23100-5 IMPROVEMENTS Street and Drainage Water Sewer TOTAL Monument Security DEVELOPMENT FEES RCFCD (ADP) Fee Other Development Fees/Deposit FAITHFUL PERFORMANCE SECURITY $180,500 $ 53,500 $ 65,000 $299,000 2,250 Quimby (includes 50% credit for private facilities) SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due DATE: October 7, 1997 MATERIAL & LABOR SECURITY 90,250 26,750 32,500 149,500 T.B.D.* T.B.D.* 5,750.00 130.00 8.00 1730.00 950.00 2,118.00 0.00 * T.B.D. - To Be Determined r:~gclrl~t~g7\1007',23101-4 .fnl/je ITEM 15 TO: FROM: DATE: SUBJECT: APPRrlVA! CITY ATTORNEY FINANCE DIRECTOR~ CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager   Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Accept Subdivision Improvements in Tract No. 22761 (Westerly corner of Ynez Road at Preece Lane) PREPARED BY: ~,/Ronald J. Parks, Principal Engineer - Land Development ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 22761, AUTHORIZE initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System security amounts, and release of the Subdivision Monumentetlon and Traffic Signalization Mitigation securities, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On July 14, 1992, the City Council approved Tract Map No. 22761, and entered into subdivision agreements with: Weyerhaeuser Venture Company, a Nevada Corporation for the improvement of streets and drainage, installation of sewer and water systems, and for subdivision monumentetlon and Traffic Signalization Mitigation. Accompanying the subdivision agreements were surety bonds posted by St. Paul Fire and Marine Insurance Company as follows: Bond No. 400 JJ 3791 in the amount of $1,429,000 ($476,500, $197,000, and $183,000, respectively) for Street and Drainage, Water, and Sewer improvements for faithful performance. Bond No. 400 JJ 3791 in the amount of $428,500 ($238,500, $98,500, and $91,500, respectively) for Street and Drainage, Water, and Sewer improvements for labor and materials. 3. Bond No. 400 JJ 3792 in the amount of $47,000 for subdivision monumentetlon. Bond No. 400 JJ 3793 in the amount of $12,000 for traffic signalization mitigation fees. R:~G~ 1G07~TR22761 .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 Faithful Performance Bond amount as follows: Streets and Drainage, and Water and Sewer improvements $770,850 The Faithful Performance Warranty will be retained in the amount of: Streets and Drainage, Water and Sewer improvements $85,650 The subdivision monumentation requirements have been met and Staff therefore recommends release of the following amount: Bond No. 400 JJ 3792 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: Bond No. 400 JJ 3793 .in the amount of $12,000 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 Corte Ocaso, Calle Reva, and portions of Preece Lane,Tierra Vista Road, and Ynez Road. Ynez Road in this reach was in the County Maintained-Road System prior to incorporation and became a portion of the City Maintained-Street System by succession on December 1, 1989. FISCAL IMPACT: None Attechment: Location Map R:~AGDRPT~ 1 ~7~TR2276 ! .ACC ~ VIr, JNITY f~ YIIE/. ROAD LOT I'lLI I'! ir-i Tract No. 77761 : ,ocatlon Man NO'IT.: MAPR NOT TO ITEM 16 TO: FROM: DATE: SUBJECT: CITY ATTORNEY FINANCE DIRECTOI~~~. CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Completion and Acceptance of the Traffic Signal at State Route 79 South and Margarita Road/Redhawk Parkway - Project No. PW95-15 PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects All Moghadam, Associate Engineer - Traffic/Capital Projects RECOMMENDATION: That the City Council accept the traffic signal at State Route 79 South and Margarita Road/Redhawk Parkway, Project No. PW95-15. File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and; o Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: The City Council awarded a contract for the installation of a traffic signal at the above referenced location, Project No. PW95-15 to DBX, Inc. in the amount of $141,676.50. This project included installation of a traffic signal, removal of median island on Redhawk Parkway to provide two (2) left-turn lanes, and minor signing and striping at this intersection. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. Completion of this project was delayed due to construction work on SR 79(S) by Riverside County Assessment District 159 (AD159). The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: This project was funded by Development Impact-Signal Mitigation Fees from Account No. 210- 165-645-5804, and included one (1) change order in the amount of $595.00 for additional work associated with removal of the existing median island on Redhawk Parkway. However, since some of the signing and striping was eliminated from this project, the final contract amount was reduced to $138,696.80. The signing and striping work was completed by the AD159 project after completion of the road work on SR 79(S). r:~qdrpt\g7~lOOTywgS-lJ.acc/,,jp Attachments: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:~agdrpt\97~ 1007~pw95-15.nee/nip RECO!trqNG REnUE~='f~'~ BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Perk Drive T®mec:ula, CA 92589-9033 8PACE ABOVE THIS LINE FOR RECORDER'$ USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN.THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590, 3. A Contract was awarded by the City of Temecula to DBX, inc. to perform the following work of improvement: Traffic Signal Installation at State Route 79 South and Margarita RoadlRedhawk Parkway Project No. PW95-15 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 7, 1997. That upon said contract the Continental Casualty Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-15. Parkway. The street address of said property is: State Route 79 South at Margarita RoadlRedhawk Dated at Temecula, California, this. day of ,1997. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss JUNE S. GREEK, City Clerk I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this day of ,1997. JUNE S. GREEK, City Clerk R:~ie'kee'e~e~awi6~w96-16~.~1~ C. 1 TT g'F CiTY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW$§- 15 TRAFFIC SIGNAL INSTALLA T/ON ~[i) SR795 & MARi3ARITA/REDHAWK This is to certify that DBX, Inc. , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/it has paid in full for all materials, supplies, labor. services. tools, ecluipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents. employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building. erection, construction, or repair of that certain work of improvement known as I~OJECl' NO. · PW95-15 TRAFFIC SIGNAL INSTALLATION (!i 8R79S & MARGARITA/REDHAWI( situated in the City of Temecula, State of California, more particularly described as follows: INSERT TITLE' OF WORK HERE' The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of The Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to DLspute Pursuant to Public Contracts Code ~ 7200, the CONTRACTOR does hereby fully release and aC¢lUil~ ~ha City of Tamecute and all agents and employees of the City, and each of them. from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecuia of any contact amount which the CONTRACTOR has not disputed above. Dated: .~,pt~ah~r 8, ~1997 Jim Perry, President Print Name and Title J BOND# 1&1512675 PREHIUH: INCLUDED IN PERFORHANCE BOND CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW95-15 77MFFIG ~16NA,[ IIVSTALL4 TION 0 $R7~$ & MARGARITA/REDHA WK KNOW ALL MEN BY THEBE PREIENT$ THAT: DBX, INCORPORATED 42066 AVENIDA ALVARADO, SUITE C, TEHECULA, CA 92590 NAME AND ADDRESS OF CONTRACTOR CORPORATION ....... , hereinafter called PrintSpat, ·rid ffJtl i!~ wh~tlter 41 Cor~M~n, P~rnel~h~ o! ~divJdu41) CONTINENTAL CASUALTY COHPAN~ 1800 E. IHPERIAL HIGI~AY, BREA, CA 92821 NAME'AND A~Dt~$$ OF SURETY hereinafter called SURETY, ~re held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER,in the penal sum of ~IRT~;[1; ~[Q_US~ EIGET EUEJ)R~.D S DOLI. AI~ lad SIXTY-EIGHTi CENll ($ 13,869.68 ' _ ) i~11~wful money of the United States, elid sum being not than ten percent ClO%) of the Corltract value payable by the laid City of Tamecull under the term· of the Contract, fo~ the payment of wi~ch. we bind ourselves. successor· and jointly and alvarally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas. the Principal entered into s certain Contract with the OWNER, dated the 12~!; day ef F. AltCH ,18 96 · a copy Of which is hereto attached end made · part hereof for the construction of PROJECT NO. PtNg~-¶ 6TRAFFIC · I(]NAL INSTALLATION ~ ~'R79~ & MARGARITAJREDHAWK. WHEREAB, ~aid Contract provides that the Principal will furnish a bond conditioned to:Ouarantae for the period of one year after approval o! the final estimate on said job, by the OWNER, against 811 defects in workmanship and materials which may become apparent during said period: and WHEREAS, the laid Contract has bsen completed, and was approved on ~_ 22 le 97. NOW, THEREFORE, THE CONDITION OF THIS OBUGATION I$ SUCH. that if within one yee¢ from the date of ipprovel of the ~id Contract. the work done un4er the terms of laid Contract shall disclose poor workmanship in the execution of lald wMk, and the carrying out of the tatreS of said Contract. or it shill appear that defective materials were furnished thereunder, then this obligation shall remain in full force and vi,ue, otherwise this instrurnem shall be void. MAINTENANCE BONO M. ~ c~l)~o~¢m~wll- 1 a~l)idep~e I 100~8S eeh Signed ind rammed this 4TH ally of SEPTEI~ER ,19 97. (Se~l) ~URETY CONTINENTAL CASUALTY COHI:'AI~ ,,: .~,~'-~ ~ ~.~ .... DAVID L. CULBERTSON iN'me! ATTORNEY-IN-FACT (Titlel APPROVED AS TO FORM: City Attorney I~IN~AL DBX, INCOl~POKATED President (Title) By: (Nmme) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~"~'1 ifornf~  County of Riverside  ~m ~ ~ ~ ~ ~ (e.g., '~ ~. ~ P~') personally Known to me - Oil - F'I proved to me on the basis of satisfactory evidence to be the per$on~) whose name(s~ isisu~ subscribed to the within instrument and acl~owledged to me that he~ud~/executed the ........... .~ _ same in hiaaaB,lltm~ authorized capacity(ias), and that by hi~bacllJa~signature~s) on the instrument the person(~), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information t~elow is not required t~y law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and realtachment of this fonn to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity((es) Claimed by Signer(s) Signer's Name: 3ira Perry Signer's Name: ~,, Individual ~ Corporate Officer Title(s): President [] Partner--E] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ ~ Other: Tc~ of thumb ~e [] Individual [] Corporate Officer Title(s): G Partner--[] Limited [] General r-1 Attorney-in-Fact [] Trustee l"i Guardian or Conservator ~ r-] Other: Top of thumb here Signer Is Representing: Signer Is Representing: DRX, T~C. 1995 N&tmnal Notary Alr, o~allOtt · 8236 ~ Ave., P.O. BOX 71~4. · Cmloga Pa~. CA 91~0~71~4 P~'ocI. No. 5907 Reo~r:, Call T~lI-Fme I.~X)~76-6827 CALIFOBNIA ALL-~SE ACKNOWX,ED~MENT STATE OF CALIFORNIA COUNTY OF ORANGE On 9-04-97 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in hi~ authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. W~ my hand and official seal. OPTION~.L Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUF~NT MAINTENANCE BOND HUggeR OF P.14G~ 2 9-04-97 [] INDIVIDUAL [] PARTNER ( S ) [] OTHER' SIGNER IS REPRESENTING: CAPACITY CLAIMED BY SIGNER [] CORPORATE OFFICER TITLE (S) [] ATTORNEY-IN-FACT [] TRUSTEE (S) CONTINENTAL CASUALTY COMPANY NAH£ OF PERSON,S) OR ENTITY(S) 'Continental Casualty Company OVA Fog' All I~' (',lamile,.,l~ ~m MIkP' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Knmv All Men by these Prllant~. That CONTINENTAL CASUALTY COMPANY. · torporIlion duly orpnized and existing under the IIWS of the State of Illinois, and havln8 its principal office in the City Of Chicaid, and State of Illinois, does hereby mike, const,lute and appoin~2qvid I. C-lbertson, Chuck !. Flake. Linda L. Culbertson, Diana Laskowski, Individually m Anaheim, California Its true i~d iowiul Attornay-ln.llct with lull power Ind authority hereby co,letted to sign. Bell mnd execute in Ira I)~l bonds. undertakings ~ other obllollory inatrumenta of sialIra nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if SUCh instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of laid Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by luthority of the following By-Law duly adopted by the Board Directors of the ComPany. · 'Article IX-Execution of Doeurals ~tion.3. AppointNnt of Attpm~y-jn.flct. The Prllid~nt or I V~l Pr~lldlnt .filly, fro~ tim~ tO time., apt.~.). ant by ~writtem,-~tlficltas attornaya-in-Tlct to act in I~helf of the c,,ompany in the exc~cution of policies of incurante, bonds, uf~taKmgs Inc other obliOltory inltrumentl of like nlture. Such ittorneye-in-tlct, subject to the limitlfione sat to~h in Iheir msplctiv~ clrtJlicites of sutl~ority, ~ full power tO bind the Cornpiny by their dignature m~l e.x.eoution ot ~ny such .Instr--. t$ ..led to Ittl~? t.t~ I711 of t.he .C~. ny tl~f~to. The President or iny Vice Proaldlnt or the Bolrd of Olr~torl ~my It Iny tm~l rlVOKe III powlr InC lutnomy prlvtOUSly Otven to Iny attomey-in-llct." This Power of Attorney is sigf~d and sealed by facsimile under end by the Iufhority of the following Resolution adopted by the Board of Directors of the Company It a meeting duly called and held on the 3rd day of April, 1957. "Resolvid, that the siEnatuft of the President or Vice Presiciont Ind the ~ of.the ~y ~ N ifflx~ ~y f~Wmi[i on any ~ of IfiO~ g~t~ pU;Ulnt tO ~l~ 30~A,'~ IX of t~ By-...~, ~ t~ ~t~ of the ~mt~ or In l~ f~imile i~Mturel ind wl ~11 ~ vMM ~ bl~ing on t~ ~Hny. Any ~Cn ~r K ~Km~ bY c~liiml ~ IxKutK and ml~ 8~11, with ~t to ~y ~ ~ u~nMing to ~iCh It is attlC~, continue to M~I~ ~ t~ ~y." In Was ~mf, CONTIN[NTAL CASUAL~ COMPANY has cau~d the~ presents to ~ sisned by its Vice President ~mte ~1 to ~ Weto Iffix~ on this ~h day of January ,29_ ~1. State of Illinois ) County of Cook ( ss CONTINENTAL CASUALTY COMPANY J. E. Purrell Vice Presidlnt. On this 30th day of January , 19 9] , before me parsRally came J. E. Puttell, to m~ knewn, who, being by me du~ sworn, did depose and. say.: thl. t~ he .resides. '~.t.he Vi#l .ie 0f_Glen. wow, St.ate ot II. ii .n~. s.: that he m I Vice-President of CONTINENTAL CASUALTY COMPANY, the corporltmn oe~crl~ in and wn~n Ixecut~ the leove rostrumant; mat he knows the sail of said CorporatKm:.that the s~..,I Iffixed to tl~ laid instr.ument is.s .u.c.h. _c~. to. _f?l: t. hlt ~t.was .So Iffixld. pursu~?.t. to. the said i.n~ru_me~t is such corporate lall: that it was to affixed pursuant to IUthority liveR_bY t.r~. uolf~. OT.U. IrICtorS.01 said Corporation and 1111t no sl~n~o nls Rime thereto pursuant to like luthority, and acknowiedBes same to be the act arm oeec OT sam corporaten. CERTIFICATE I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By. Laws of the Company and the Resolution of the Board of Directors, set forth in said Power ot Attorney are still in force. In testimony whereof I hive I~ereunto subscribed my name and affixed the Seal of the laid Company this Form 1.23142-B INV. NO. G-$9200-B ITEM 17 CITY ATTORNEY FINANCE DIRECTO~Z-'-** CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 SUBJECT: Award of Construction Contract Public Works Department Maintenance Work Order 97-98-002 - Walcott Lane PREPARED BY: ~.~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Award a contract for Public Works Department Maintenance Work Order No. 97-97-002 to A Park Avenue Builders in the amount of $23,800.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,380.00 which is equal to 10% of the contract amount. BACKGROUND: On September 17, 1997, the Public Works Department, in conformance with the City's current purchasing procedures requested proposals for a Public Works Maintenance Project No. 97-98- 002 (See Attached Scope of Work). The two (2) sealed bids were received as follows: A Park Avenue Builders .......................... $23,800.00 Hardy & Harper, Inc ............................. $34,200.00 A Park Avenue Builders has performed contract work in the past for the City of Temecula, and we have found their work to be satisfactory. The costs are within the Engineer's estimate Work is expected to begin in early October, 1997. A copy of the bid summary is available for review in the City Engineer's office. r.~agdrpt\97~1007~97-98002..wdlajp FISCAL IMPACT: The project is being funded from the Public Works Street Maintenance Account No. 001-164- 601-5402. The total project is $26,180.00 which includes the contract amount of $23,800.00 plus 10% contingency of $2,380.00. ATTACHMENTS: 1. Scope of Work 2. Contract ~gdrpt~97~1007\97-98002..wdlajp City of Temecula Public Works Department WORK ORDER REQUEST Street Maintenance Ouote DATE: gept. 10, 1997 QUOTE g97-98 - 00~. BID OPENING DATE: geptemher 17, 1997 Deliver to: Temecula City Hall, 43200 Business Park Drive, City Clerks Office no later than 2:30 p.m. LOCATION: Walcott Lane All areas are marked at toe of slopes and sweet in white and orange paint indicating areas by number and letter. SCOPE OF WORK INVOLVED: AREA 1A Pave shoulder 4" X 3 ~' X 586', at southend of new paving install 10' of 6" A.C. Dike At northend install 20' 6" A.C. Dike to act as flowline separator to direct water to street flowline and into "V" Ditch AREA 1R Pave shoulder 5 ~,~' X 455' Northend install 15' of 6" A.C. Dike Southend install 10' of 6" A.C. Dike AREA ~A Pave shoulder 5' X 480' Northend only, install 20' 6" A.C. Dike AREA ?R 4" pave flowline to existing 'V' ditch 4' X 180' running north parallel with Walcott Lane AREA 3A Pave 4' X 475' Northend install 20' of 6" A.C. Dike AREA 3R Pave 4' X 440' AREA 4A Pave 5' X 400' 6" A.C. Dike Install 180' 6" A.C. Dike from existing mail box going south to existing Dike at E.P. r. kamint6a\wkonien~98\wodmrde.002/ajg Asphalt paving to be 4" thickness All A.C. work to be performed within three (3) working days A.C. truck route to be determined by City of Temecula Maintenance Superintendent (No Exceptions) Approximate Q~mntities: 15,330 S.F. of 4" A.C. Paving 710' L.F. of 6" A.C. Dike Reminder: All projects require Certified Payroll CONTRACTOR TOTAL PRICE: CITY PREPARED BY: APPROVED BY: Address: City: Phone/FAX: PLEASE PRINT Signature (written amount - Please spell out) r: ~n~i~tein~wkordm~98\workon:lc. 002/ajp City of Temecula Public Works Department WORK ORDER REQUEST GUIDELINES Street Maintenance Ouot¢ .... SCOPE OF WORK INCLUDES: 1. Traffic Control (Solar Arrow Board - ON'IN, NO F~XC.F~PTION~) 2. Water - Water Meter 3. Move In - Move Out 4. Equipment and Materials to be supplied to perform work 5. If Scope of Work requires roll-off bin - for disposal contact Temecula Environmental at (800) 755-8112 · No other waste disposal bin will be allowed on job site "NO EXCie, PTIONg" Any questions regarding this Work Order Request for Quote Contact Brad Buron, Maintenance Superintendent (909) 694-6411 r.~maialain~,wkotdm~\98\worko~de. OO2/,,jp CITY OF TEMECULA AGREEMENT WORK ORDER NO. 97-98-002 THIS AGREEMENT, made this 7th day of October, 1997, by and between the City of Temecula ("City") a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, and A Park Avenue Builders, hereinafter called ~Conwactor". In consideration of their mutual promises contained herein, the parties agree as follows: 1. The Contractor, in consideration of the promises of the City hereinafter set forth, hereby agrees to furnish all tools, equipment, hbor and matefiah necessary to perform and complete in a workmanlike manner, all of the work required for the construction of the improvements described in Work Order No.97-98-002 attached hereto. The work shall be performed according to the City of Temecula's Procedures For Informal ltiddirlg For Public Wor!~ Street Maintenance Work Orders of ~25,000 or I-~.ss, Fiscal Year 1997-98. ("Informal Bidding Procedures"). Where the Work Order or the Informal Bidding Procedures describe portions of the work in general terms, but not in complete detail, the latest version of the City of Temecula, Department of Public Worlm Standards Drawirl~ for Public Works Construction ('Standard Drawings'), and Standard ~}ecification.s for Public Works Construction, including all supplements as written and promulgated by the ~oint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, 'Standard Specifications') shall control. Copies of the Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 In case of any conflict between the Standard Drawings and the Standard Specifications, the Standard Drawings shall control. Where the Work Order, the Informal Bidding Procedures, the Standard Drawings, or the Standard Specifications only describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. 2. The City, in consideration of the performance of this Contract, agrees to pay the Contractor and the Contractor agrees to accept in full satisfaction for the work done hereunder the sum of Twenty Three Thousand Eight Hundred Dollars and No Cents ($23,800.00), in accordance with the bid of the Contractor which sum shall be paid to the Contractor within the time and in the manner set forth in the Informal Bidding Procedures, final payment to be made within thirty-five (35) days afar filing Notice of Completion of said work and improvement with the Riverside County Recorder. 3. Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Depaximent of Industrial Relations. These rates are on file in the office of the City Clerk. Copies may be obtained at cost at the City Clerk's office in Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions Section 1773.8, 1775, 1776, 1777.15, 1777.6, and 1813 of the labor Code. r:~zzt~\wo~ord~98~reemem. 002~ Pursuant to the provisions of 1775 of the l~bor Code, Contraclor shall forfeit to the City, as a penalty, ~he sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 4. Contractor, by executing the Contract, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 5. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site, shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend City, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Principal, save and except claims or litigations arising through the sole active negligence or sole willfid misconduct of the City. 6. Contractor and subcontractors shall obtain all necessary licenses, including but not limited to City business license. IN WITNESS WHEREOF, the City has caused its corporate name and seal to be hereunto subscribed and affixed by the [Mayor/City Manager] and attested to by the City Clerk, both thereunto duly authorized, and the Contractor has hereunto subscribed this Contract the day, month and year hereinabove written. CONTRACTOR A PARK AVENUE BUILDERS 32625 Los Encinos Temecula, CA 92592 (9O9) 676-3735 Duane Jackson, Owner CITY OF TEMECULA ATTEST: By'. Patricia H. Birdsall, .Mayor lune S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney r:~mslntain~workord\98~gr~me~C O02ajp PROJECT NO. 97-98-002 CITY OF TEMECULA CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE This is to certify that , (hereinafter the "undersigned") declares to the City of Temecula, under oath, that it has paid in full for all materials, supplies, labor, service.s, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with the City of Temecula with regard to the building, erection, construction or repair of that certain work improvement known as: , situated in the Community of , The undersigned declares/~at it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice of any unpaid sums owning to the undersigned. Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and in favor of the undersigned and the City of Temecula or which relate in any way to work performed by the undersigned with regard to the above referenced construction project. Further, ~he undersigned expressly acknowledges its awareness of and waives the benefits of 1542 of the Civil Cede of the State of California which provides: "A general release does not extend to claims which the creditor does not know or suspea to exist in his favor at the time of executing the release, which if known to him must have materially effected settlement with the debtor". This release is intended to be a full and general release of any and all chims which the undersigned now has or may, in the future, have a~i~t ~ City of Temecula and/or its agents and employees with regard to any matter arising from the construction or the above referenced project or the contract between the City and the ConWactor with respect thereto whether such claims are now known or unknown or are suspected or .unsuspected. (Name) (Title) r.~ammin\wot~cord\9$Xagm~mt. 002sip ITEM 18 APPROVAl O~ CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 SUBJECT: Award of Construction Contract Public Works Department Maintenance Work Order 97-98-003 - Walcott Lane at Klarer PREPARED BY: ~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Award a contract for Public Works Department Maintenance Work Order No. 97-97-003 to A Park Avenue Builders in the amount of $23,900.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,390.00 which is equal to 10% of the contract amount. BACKGROUND: On September 17, 1997, the Public Works Department, in conformance with the City's current purchasing procedures requested proposals for a Public Works Maintenance Project No. 97-98- 003 (See Attached Scope of Work). One (1) sealed bid was received as follows: A Park Avenue Builders ................................ $23,900.00 A Park Avenue Builders has performed contract work in the past for the City of Temecula, and we have found their work to be satisfactory. The costs are within the Engineer's estimate The construction schedule is seven (7) days. Work is expected to begin in October, 1997 and be completed within seven (7) days A copy of the bid summary is available for review in the City Engineer's office. r.~gdr~t~97\1007~97-98003.ewdlajp FISCAL IMPACT: The project is being funded from the Public Works Street Maintenance Account No. 001-164- 601-5402. The total project is $26,290.00 which includes the contract amount of $23,900.00 plus 10% contingency of $2,290.00. ATTACHMENTS: 1. Scope of Work 2. Contract c\~gdrl~t\97\1007\97-98003..wdl,.jp City of Temecula Public Works Department WORK ORDER REQUEST Street Maintenance Ouote DATE: ~gept. 10, 1997 QUOTE g97-98 - 003 BID OPENING DATE: ,~eptemher 17, 1997 Deliver to: Temecula City Hall, 43200 Business Park Drive, City Clerks Office no later than 2:30 p.m. LOCATION: Walcott Lane at K!arer Lane SCOPE OF WORK INVOLVED: Construct 6' high X 200' in length split face (tan in color) block wall starting at intersection of Klarer Lane, Walcott Lane going north on the west side of street. The last 24' to be 4' high. Please review wall standard. Comer of Walcott Lane and Klarer Lane to be tied into existing waffle wall, 2 each 6" perforated pipe to be placed at bottom of slope the entire length of wall, back of wall to be backfilled 4' in height with 1 1/2" minus rock entire length of wall. See Attached highlighted standard Reminder: All projects require Certified Payroll CONTRACTOR PREPARED BY: TOTAL PRICE: CITY APPROVED BY: Address: City: Phone/FAX: PLEASE PRINT Signature (written amount - Please spell out) r:~mintaln\wkord~'m\98\workonl~.OO$1ajp City of Temecula Public Works Department WORK ORDER REQUEST GUIDELINES ~treet Maintenance Ouote SCOPE OF WORK INCLUDES: 1. Traffic Control (Solar Arrow Board - ON'IN, NO EXCEPTIONS) 2. Water- Water Meter 3. Move In - Move Out 4. Equipment and Materials to be supplied to perform work 5. If Scope of Work requires roll-off bin - for disposal contact Temecula Environmental at (800) 755-8112 · No other waste disposal bin will be allowed on job site "NO EXCEPTIONS" Any questions regarding this Work Order Request for Quote Contact Brad Buron, Maintenance Superintendent (909) 694-6411 r:. ~mainmin\wko~icm\98'~worko~¢. 00~/aj~ CITY OF TEMECULA AGREEMENT WORK ORDER NO. 97-98-003 THIS AGREEMENT, made this 7th day of October, 1997, by and between the City of Temecuia ("City") a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, and A Park Avenue Builders, hereinafter called "Contractor". In consideration of their mutual promises contained herein, ~he parties agree as follows: 1. The Contractor, in consideration of the promises of the City hereinafter set forth, hereby agrees to furnish all tools, equipment, hbor and malerials mcessary to perform and complete in a workmanlike manner, all of the work required for the construction of the improvements described in Work Order No.97-98-003 attached hereto. The work shall be performed according to the City of Temecula's Procedures For Informal Riddirlg For Public Works Street Maintevance Work Orders of $25,000 or less, Fiscal Year 1997-98. ("Informal Bidding Procedures"). Where the Work Order or the Informal Bidding Procedures describe portions of the work in general terms, but not in complete detail, the latest version of the City of Temecula~ Department of Public Works Standnrd~ Drawing~ for Public Works Construction ("Standard Drawings"), and Standard Specifications for Public Works Construction, including aH supplements as written and promulgated by the Joint Cooperative Committee of the Soulhem California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") shall conUol. Copies of the Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 In case of any conflict between the Standard Drawings and the Standard Specifications, the Standard Drawings shall control. Where the Work Order, the Informal Bidding Procedures, the Standard Drawings, or the Standard Specifications only describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. 2. The City, in consideration of the performance of this Contract, agrees to pay the Contractor and the Contractor agrees to accept in full satisfaction for the work done hereunder the sum of Twenty Three Thousand N'me Hundred Dollars and No Cents ($23,900.00), in accordance with the bid of the Contractor which sum shall be paid to the Contractor within the time and in the manner set forth in the Informal Bidding Procedures, final payment to be made within fizirty-five (35) days after filing Notice of Completion of said work and improvement with the Riverside County Recorder. 3. Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file in the office of the City Clerk. Copies may be obtained at cost at the City Clerk's office in Temecuia. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions Section 1773.8, 1775, 1776, 1777.15, 1777.6, and 1813 of the labor Code. 1 rAm~iat~i~workord\98~ ~t. OO$~j~ Pursuant to the provisions of 1775 of the Labor Code, Conlrac~or shall forfeit to ~he City, as a penalty, the sum of $25.00 for each calerutar day, or portion lhereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 4. Contractor, by executing the Contract, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 5. All work covered by this Conltact done at the site of construction or in preparing or delivering materials to the site, shall be at the risk of Contractor alone. Contractor agrees to save, indemni~, hold harmless and defend City, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees 'included) and damage to property, arising directly or indirecfiy out of the obligations herein undertaken or out of the operalions conducted by Principal, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. 6. Contractor and subcontractors shall obtain all necessary licenses, including but not limited to City business license. IN WITNESS WHEREOF, the City has mused its corporate name and seal to be hereunto subscribed and affixed by the [Mayor/City Manager] and attested to by the City Clerk, both thereunto duly authorized, and the Contractor has hereunto subscribed this Contract the day, month and year hereinabove written. CONTRACTOR A PARK AVENUE BUILDERS 32625 Los Encinos Temecula, CA 92592 (909) 676-3735 Duane lackson, Owner CITY OF TEMECULA ATTEST: By.' Patricia H. Birdsall, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 2 r: ~in~iu~wo~ord \98~greemmt. O0~sjp PROJECT NO. 97-98-003 CITY OF TEMECULA CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE This is to certify that , (hereimfter the "undersigned") declares to fiae City of Temecula, under oath, that it has paid in full for all wagrials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with the City of Temecula with regard to the building, erection, construction or repair of that certain work improvement known as: , situated in the Community of , The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice of any unpaid sums owning to the undersigned. Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and in favor of the undersigned and the City of Temecula or which relate in any way to work performed by the undersigned with regard to the above referenced construction project. Further, the undersigned expressly acknowledges its awareness of and waives the benefits of 1542 of the Civil Code of the State of California which provides: *A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially effected settlement with the debtor~. This release is intended to be a full and general release of any and all claims which the undersigned now has or may, in the future, have against fi~e City of Temecula and/or its agents and employees with regard to any matter arising from the construction or the above referenced project or the contract between the City and fi~e Contraclor with respect thereto whether such claims are now known or unknown or are suspected or unsuspected. By: (Name) (?iae) 3 r. ~m~Ufia~workord\98~gr~mm~t.00~Jajp ITEM 19 APPROVAt CITY ATTORNEY I!'Uwu FINANCE DIRECT~ C!_TY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works\City Engineer October 7, 1997 SUBJECT: Award of Professional Services Contract to Robert Bein, William Frost & Associates for the Design of the Median Island on Winchester Road west of Jefferson Avenue - Project No. PW97-21 PREPARED BY: 6~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Robert Bein, William Frost & Associates to provide Engineering Services for the design of the Median Island on Winchester Road west of Jefferson Avenue - Project No. PW97-21 for an amount not to exceed $47,900.00. Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,790.00 which is equal to 10% of the contract amount. BACKGROUND: Robert Bein, William Frost & Associates has been selected from the Professional Consultant Selection list for Professional Engineering Services for the preparation of plans, specifications and cost estimates for the Median Island on Winchester Road west of Jefferson Avenue, Project PW97-21. The consultant will design median islands on Winchester Road from Enterprise Circle West to Enterprise Circle East and modify the existing median island, which is located just west of Jefferson Avenue. The consultant will conduct a field survey to locate all existing above ground objects and obtain the existing street cross sections for the entire length of the project, along with utility coordination. Included within the median island will be irrigation and landscaping which will be designed by a Landscape Architect. A Traffic Engineer will be designing a traffic signal at the intersection of Enterprise Circle West, traffic signal interconnect from the proposed signal to the Jefferson Avenue signal, signing and striping, and traffic control plans. These services will also include a construction cost estimate and project specifications. The proposed schedule for design work is to begin in mid-November with the plans and specifications ready for the solicitation of construction bids by March, 1998. -1- R:~AGDRPT~97\1007\PW97-21 .AGR 9/17/97 FISCAL IMPACT: The total cost for professional design services for the Median Island on Winchester Road west of Jefferson Avenue, Project PW97-21 is $52,590.00 which will be funded by Measure A. Adequate funds are available in account number 210-165-686-5802. ATTACHMENTS: 1. Robert Bein, William Frost & Associates Contract -2- R:~GDRPT~97\1007\PW97-21 .AGR 9/17/97 CITY OF TEMECUI~ AGREEMENT FOR CONSULTANT SERVICES MEDIAN ISLAND ON WINCHESTER ROAD W/O JEFFERSON AVENUE PROJECT PW97-21 THIS AGRF~MENT, is made and effe¢fve as of October 7, 1997, between the City of Temecula, a municipal corporation ("City") and ROBERT BEIN, WILLIAM FROST & ASSOCIATES, ("Consulgrit"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. ~RM. This Agreement shall commence on October 7, 1~7, and shall remain and continue in effect until tasks de~ribed herein are completed, but in no event later than October 7, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICF'.q. Consultant shall pertbrm the tasks de~'ibed and set forth in Exhibit A, attached hereto and inco~ted 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 limes faithfully, competently and to the best of his or her ability, experience, and ~alent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices u~ili,~ 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, at~aehed hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above taska. This amount shall not exceed FORTY-SEVEN THOUSAND NINE HUNDRED Dollars and NO Cents ($47,900.00) 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 addilion 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 addilional services in the amounts and in the manner as agreed to by City Manager and Consulhant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve addilional work not to exceed ten percent (10%) of the amount of the Agreement, but in no even! 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 nolice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. · 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 potdon of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. -i- R:~CIP~PRO$£CTS~PW97XPW97. 21 ',R II F.AGR ~ajp 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 chat 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. DF. FAUI~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 Consul~mt 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 Consultam. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 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. 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 rea~nable 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 prodding 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. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. -2- R:kCII~PRO{ ECTS ~At 97xPW97-21 ~,RBF .AGRIajlm 9. INSXJRANC!~. RF. QIIIRF. MF. NT~. Consultam shall procure and maintain for the duration of the conwact 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. Minim-m Sc(ipe of Insurance. Coverage shall be at least as broad (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum f.imit~ 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) Auwmobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-lrr~,red Retentiom. 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 In.~urance Provhiom. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by {he Consul{ant. 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 lhe 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- R :~CiFd~p. Oj ECTS~d~V9-APWg?.21 ,~R BF. AG R/ajp (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. Acce.,pwbili!y oflr~rers. 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 Cover~l/e. Consultant shall furnish the City with original endorsements eftcoting 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 effecfing the coverage required by these specifications. 10. INI)F. PENI~F. NT 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 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 compemation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. I.F.C. AI. RF..~PON.~IRII.ITIF..~q. 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. 12. Riv..I.F.A,qF. 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. -4- R :~,Cll~PRO~/ECTS,d~V97~lV97.21 ~.B F.AG R/ajp b. Consultant shall promptly notify City should Consultam, its officers, employees, agents or subcorm'actors be served wilh any summorn, complaint, subpoem, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, cotat order or subpoena from any party regarding this Agreemere and the work performed thereunder or with respect to any project or property located within ~ City. City retains the right, but has no obligation, to represem Consultant and/or be presem 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 respome does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICF-q. Any notices which either par~ 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, litat 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 litat 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: Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temeeula, CA 92591-4679 Attention: Michael A. Tylman Phone (909) 676-8042 14. ASSIGNMF..NT. 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 rite personal nature of the services to be rendered pursuant to lifts Agreement, only Michael A, Tylman shall perform the services described in this Agreement. Michael A. Tylman 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 Michael A. Tylman from Consultant's employ. Should he or she leave Consultant's employ, the city ahall 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 paymere 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. 15. I,ICF, N~qR~q. 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. GOV!;:RNING 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 ~his Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temeeula. 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. -5- R :~CII~!~OJI~'T$'d~V97~W97-21 ~S~F.AGR/a~ 17. ENTIRE AGRF. F~MI~NT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO ~X~,CUTF, THI~ AGR~Mi~NT. 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 CONSULTANT Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591-4679 Attention: Michael A. Tylman, Vice President Phone (909) 676-8042 By: -6- R :~ClI~ROIEC"Y$~V97~ I~V97-21 ~,BF. AG R/ajp FXHIRIT A TASKS TO RE PERFORMF!') -7- R :~L'*IP~ROJ ECTS~/9'APW9"/-21LR BF. AG R/a.~ Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 1 of 10 SCOPE OF SERVICES Consultant agrees to perform the following Scope of Sentices: In performing its services hereunder, RBF has or will receive information prepared or compiled by others, the accuracy and completeness of which RBF is entitled to rely upon without independent evaluation or verification. TASK 1 Winchester Road Median Improvement Plan RBF shall prepare Improvement Plans in accordance with the standard requirements of the City of Temecula to construct approximately 2,000 linear feet of concrete median within Winchester Road between Jefferson Avenue and Enterprise Circle West. TASK2 Design Survey RBF shall perform a field survey of Winchester Road consisting of cross sections at 25 foot intervals from Jefferson Avenue westerly to Enterprise Circle West to facilitate the design of the proposed medians identified in Task 1. The Field Survey shall also consist of locating existing culture, i.e. manholes, water valves, etc. within the limits of construction. For safety purposes consultant shall utilize a three man survey crew. TASK 3 Specifications RBF will prepare construction specifications, using City "boilerplate" for the contract documents and general provisions which include technical specifications for construction of each item of work in the Project. The City will provide the boilerplate information on a computer disk compatible with WordPerfect 6.1. The special provisions for this Project will be based upon the City of Temecula Standard Plans, Standard Specifications for Public Works Construction "Green Book", Caltrans Standard Specifications 1992 Edition, and the 1992 Edition of the Caltrans Standard Special Provisions. Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 2 of 10 TASK 4 Engineer's Quantity/Cost Estimate RBF will prepare final cost estimates which will be submitted with the improvement plans. Improvement quantities will be compiled using CADD measurements or mathematical computations from the various improvement plans. TASK 5 Conceptual Landscape Plan RBF will design and draft one Conceptual Landscape Plan at an appropriate scale for the Winchester Road Median Improvement Project. The plan will be designed based on site opportunities and constraints, Client goals and objectives and the City of Temecula Standard Landscape and Irrigation Specifications and Installation Details. The plan will be prepared on a base map prepared by RBF under a separate task and will include pertinent site irdormation, irrigation methods, and the name, size, quantity, and location of plant materials. The Plan and a Preliminary Estimate of Construction Costs will be presented to the Client for review, comment and approval. TASK 6 Landscape Construction Documents RBF shall prepare Landscape Construction Documents including plans, specifications, and estimates to facilitate construction of median landscape improvements. The plans shall include a cover sheet, planting plan, irrigation plan and the appropriate details, notes and specifications. The plans will be prepared at a minimum scale of 1" = 20' in AutoCadd V12 format. TASK 7 Revise Waterline Improvement Plans Consultant shall revise the waterline improvement plans within Winchester Road to incorporate the addition of an irrigation service lateral and meter to provide irrigation water to the proposed landscaped median. Consultant shall process the revision through Rancho California Water District (RCWD) and obtain approvals. Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 3 of 10 TASK 8 Traffic Signal and Safety Lighting Plan, Specifications and Probable Cost Estimates - Winchester Road at Enterprise Circle West RBF shall prepare Plan, Specdications and Probable Cost Estimates (P, S, & E) for a new traffic signal and safety lighting at Winchester Road and Enterprise Circle West. The Plan shall be prepared at 1"=20' scale and in accordance with standards set forth by the City of Temecula. The traffic signal and safety lighting plan will be prepared on City of Temecula title block sheet using AutoCAD - Release 13 software. The P, S,&E will be submitted to the City of Temecula for review and approval. Product: Traffic Signal and Safety Lighting Han for Winchester Road at Enterprise Circle West (One Sheet) Project Specifications Quantity and Cost Estimates 3-1/2" Computer Diskette with Drawing File TASK 9 Traffic Signal Interconnect Plan, Specifications and Probable Cost Estimates - Winchester Road from Jefferson Avenue to Enterprise Circle West RBF shall prepare Plan, Specifications and Probable Cost Estimates (P, S, & E) for installation of traffic signal interconnect conduit and wiring along Winchester Road from Jefferson Avenue to Enterprise Circle West. The plan will also show the installation of traffic signal interconnect hardware at the controller cabinets. The Plan shall be prepared at 1"=40' scale and in accordance with standards set forth by the City of Temecula. The traffic signal interconnect plan will be prepared on City of Temecula title block sheet using AutoCAD - Release 13 software. The P, S,&E will be submitted to the City of Temecula for review and approval. Product: Traffic Signal Interconnect Plan (1 Sheet) Project Specifications Quantity and Cost Estimates 3-1/2" Computer Diskette with Drawing Files Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 4 of 10 TASK 10 Traffic Signal Timing and Coordination Plans and Time Space Diagrams - Winchester Road from Jefferson Avenue to Enterprise Circle West RBF shall prepare Traffic Signal Timing Plans the new traffic signal at Winchester Road and Enterprise Circle West and shall prepare Coordination Timing Plans including Time Space Diagrams for Winchester Avenue between Jefferson Avenue and Enterprise Circle West. The Traffic Signal Timing and Coordination Plans and Time Space Diagrams will be submitted to the City for their review and approval. Product: Traffic Signal Timing and Coordination Plans Time Space Diagrams 3-1/2" Computer Diskette with Drawing Files TASK 11 Signing and Striping PLans, Specifications and Probable Cost Estimates RBF shall research and review available data for use and reference for preparation of the P, S,&E. Anticipated tasks include: Perform a field review of the site to verify record drawings for: · Signing and Pavement Delineation RBF shall prepare Plans, Specifications and Probable Cost Estimates (P, S, & E) for installation, removal and modification of traffic signing and striping associated with the improvements of Winchester Road between Jefferson Avenue and Enterprise Circle West including minor signage and striping modification for Enterprise Circle North and Enterprise Circle South. Siftming and striping plans shall be prepared at 1"=40' scale and in accordance with standards set forth by the City of Temecula. The plans will show all existing and proposed channelization and signing improvements associated with the proposed improvements. The signing and striping plans will show signing and striping improvements up to 500 feet beyond the proposed street improvements. The signing and striping plans will be prepared on City of Temecula title block sheet using AutoCAD - Release 13 software. Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 5 of 10 The P, S,&E will be submitted to the City of Temecula for review and approval. Product: Traffic Signing and Striping for Winchester Road between Jefferson Avenue and Enterprise Circle West (2 Sheets) Project Specifications Quantity and Cost Estimates 3-1/2" Computer Diskette with Drawing Files TASK12 Construction Traffic Control Plans, Specifications and Probable Cost Estimates RBF shall prepare Construction Traffic Control Plans, Specifications and Probable Cost Estimates (P, S, & E) for the proposed improvements of Winchester Road Between Jefferson Avenue and Enterprise Circle West. Construction traffic control plans will be prepared in a dual-tier format at a scale of 1"=40'. The construction traffic control plans will utilize accepted methods of lane closure delineation, signage and barricading. The construction traffic control plans will be designed to maximize lane usage for all traffic movements, maintain pedestrian access routes, and provide a safe work area. Based on the proposed street improvements, we anticipate a total of three (3) plans sheets will be necessary for this project including one detail sheet. The construction traffic control plans will be prepared on City of Temecula title block sheet using AutoCAD - Release 13 software. The P, S,&E will be submitted to the City of Temecula for their review and approval. Product: Construction Traffic Control Plans (2 Sheets) Detail Sheet (One Sheet) Project Specifications Quantity and Cost Estimates 3-1/2" Computer Diskette with Drawing Files TASK 13 Lane Storage Traffic Analysis Report RBF shall obtain A.M. and P.M. peak hour turning movement counts and 24-hour traffic counts to determine vehicle movements at the following locations: Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 6 of 10 - Winchester Road and Enterprise Circle South - Winchester Road and Enterprise Circle North - Winchester Road and Jefferson Avenue - Enterprise Circle West and Enterprise Circle South - Exiting Driveways The existing traffic volume is expected to increase with proposed future developments in the City of Temecula. RBF will meet with City staff to review future developments and determine year 2015 forecast peak hour traffic volume for the intersections. It is estimated that the City of Temecula will provide us with their annual growth rate to determine year 2015 forecast peak hour traffic volumes. RBF shall prepare a Lane Storage Traffic Analysis Report that will recommend left turn lane storage for the intersection of Winchester Road and Enterprise Circle West based on year 2015 forecast peak hour traffic volumes. The Lane Storage Traffic Analysis Report will be submitted to the City of Temecula for their review and approval. Product: Lane Storage Traffic Analysis Report TASK 14 Project Coordination, Meetings and Presentations RBF will coordinate with other jurisdictional agencies regarding the proposed improvements. RBF will prepare monthly status reports to update the City on the progress to date, work to be accomplished in the next period, and potential problems of a technical nature or forecasted budget/schedule requirement. RBF will attend monthly Project Development Team (PDT) meetings to update the involved agencies on the status of the Project. The PDT meetings will include representatives from the City of Temecula, and other utility owners as appropriate. A total of 12 hours has been budgeted for this task. Any additional work will be performed, if required, under a separate agreement for an additional fee. Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 7 of 10 TASK 15 Bidding Assistance RBF will provide the City with a "master" bid document set and will assist the City as requested during the bid process to answer questions relating to interpretation of the construction documents. RBF will also assist in the production and distribution of any contract addenda to clarify the bid documents that may be requested by the City. A total of 6 hours has been budgeted for this task. Any.additional work will be performed, if required, under a separate agreement for an additional fee. Additional Services: Services which are not specifically identified herein as services to be performed by RBF or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that RBF perform services which are Additional Services. However, RBF is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event RBF performs Additional Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBIWs standard rates, within 30 days of receipt of RBlVs invoice. Exclusions Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; but are presently specifically excluded from this Agreement: 2. 3. 4. 5. 6. 7. 8. 9. Geotechnical investigation; Hazardous wastes; Any other services not specifically set forth in the above Scope of Services. Additional Traffic Engineering Reports Utility Relocafion Plan Temporary Traffic Signal Plans for Construction Phases Signing and Pavement Delineation Quantity Sheets Additional Traffic Counts Additional Timing Sheets and Coordination Plans Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 8 of 10 Assumptions Consultant's obligations hereunder are based upon the following understanding: 1. The Project services to be provided by Consultant will not require Specific Plan modification or amendment. Client Responsibilities 1. Client shall provide access to the site. Client is to provide any and all indemnification, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. 3. Client shall pay all governmental fees and costs. Client will require any construction contractors to indemnify Consultant from any and all losses, damages, claims, expenses, including attorneys fees, and costs arising out of the contractor's work, excepting only losses, damages, claims, expenses including attorneys fees, and costs which are caused by the sole negligence or willful misconduct of RBF in performing its services under this agreement. Client will require that the construction contractors add RBF (Consultant) as an additional insured in the comprehensive general liability, auto liability, workers' compensation and builder risk insurance coverages required by Client. Client Initials Date Exhibit A Robert Bein, William Frost & Associates Contract Agreement for Job Number 401261 September 25, 1997 Page 9 of 10 EXHIBIT "B" COMPENSATION Client agrees to compensate Consultant for such services as follows: Consultant shall complete the work outlined above in accordance with the fee schedule identified below and shall invoice Client on a monthly basis based on the percentage of completion. ITEM WORK TASK FEE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Winchester Road Median Improvement Plan $7,100 Design Survey (25' Int.) 3,900 Specifications 2,500 Engineer's Quantity/Cost Estimate 700 Conceptual Landscape Plan 1,500 Landscape' Construction Documents 5,500 Revise Waterline Improvement Plans 1,000 Traffic Signal and Safety Lighting Plan - 4,400 Traffic Signal Interconnect Plan 2,200 Traffic Signal Timing and Coord. Plans and Time Space Diagrams 2,500 Signing and Striping Plans 4,400 Construction Traffic Control Plans 4,400 Lane Storage Traffic Analysis Report (Incl 24 hr cts) 5,000 Project Coordination, Meetings and Presentations (12 hrs) 1,200 Bidding Assistance (6 hrs) 600 Reproduction Costs 1,000 TOTAL $47,900 The budget amounts shown for Items 14 and 15 are for authorization purposes only. Should the total of the monthly billings reach eighty percent (80%) of the budget amount, Client and Consultant will review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to Robert Bein, William Frost & Associates Contract Agreement for Job' Number 401261 September 25, 1997 Page 10 of 10 complete the project is appropriate. Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. Any work relating to, but not limited to, retaining walls, soils engineering, topographic mapping, traffic signal or striping design, environmental documentation, sound studies or acoustical engineering, underground utility planning, design or coordination, design for relocation of underground irrigation facilities, detour plan, property title services, preparation of legal descriptions and exhibits (except as provided herein), staking of joint trench utilities, construction surveying for grading cross-sections or removal of unsuitable material and any additional staking (except as provided herein), if required, shall be covered under a separate agreement. Exhibit B Client Initials Date EXI-IIBIT B PAYMFNT SCFIFDUI ~ -8- R :~IP~PR O J ECTS~m,Vg'A.m~97- 21 '~.~B F. AGP../s. jp ROBERT BEIN, WILLIAM FROST & ASSOCIATES PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS HOURLY RATE SCHEDULE Effective January, 1997 OFFICE PERSONNEL Principal .............................................................. $ I40.00 Project Director .......................................................... 127.00 Structural Engineer ....................................................... 112.00 Project Manager/Project Engineer ........................................... 105.00 Corrosion Engineer ........................................................ 95.00 Senior Engineer/Planner .................................................... 94.00 Senior Designer ........................................................... 82.00 Design Engineer/Designer/Mapper (CADD) ................................... 74.00 Environmental Manager .................................................... 72.00 Senior Drafter/Technician .................................................. 65.00 Designer/Planner .......................................................... 60.00 Drafter/Graphic Artist ...................................................... 55.00 Environmental Analyst/Staff Planner .......................................... 54.00 Engineering/Planning Aide .................................................. 42.00 FIELD PERSONNEL 3-Person Survey Crew ................................................... $ 212.00 2-Person Survey Crew ..................................................... 158.00 1-Person Survey Crew ...................................................... 85.00 Field Supervisor ........................................................... 95.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager .................................................. $120.00 Field Superintendent ....................................................... 90.00 Resident Engineer/Project Manager .......................................... 88.00 Assistant Field Superintendent ............................................... 78.00 Senior Construction Inspector ............................................... 75.00 Construction Inspector ..................................................... 70.00 Field Office Engineer ...................................................... 65.00 Construction Technician .................................................... 55.00 COMPUTER & OTHER SERVICE FEES P. C. Work Station ...................................................... $ 15.00 Clerical/Word Processing ................................................... 40.00 Consultation Relative to Legal Actions ....................................... 250.00 Vehicle Mileage ....................................................... 0.35/Mile Notc: Blucpnnting, reproduction, messenger service and other direct expenses will be charged as an additional cost. A Subconsultant Management Fee of fifteen percent (15%) will be added to the direct cost of nil Subconsultant ~rvices to provide lot the cost of administration, subconsultant consultation and insurance. Professional Service Since 1944 27555 YNEZ ROAD · SUITE 400 * TEMECULA. CALIFORNIA 92591-4679 * 909.676.8042 ,, FAX 909.676.7240 OFFICES LOCATED THROUGHOUT CALIFORNIA, ARIZONA AND NEVADA · WEB SITE: www. rbf.com ITEM 20 ,APPR~VA! R~ CITY ATTORNEY FINANCE DIRECTO CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager  Joseph Kicak, Director of Public Works/City Engineer October 7, 1997 Professional Services Agreement - Between the City of Temecula and C.M. (Max) Gilliss for Contract coordination, Pala Road Bridge RECOMMENDATION: That the City Council approve the attached agreement between the City of Temecula and C.M. (Max) Gilliss for professional services for contract coordination for the Pala Road Bridge Project. That the City Council approve the modification to the existing agreement by reducing the amount of compensation from $2,000 per month to $1,000 per month. BACKGROUND: Mr. C.M. Gilliss has been providing consulting services coordinating various City projects with Caltrans that are within the Caltrans jurisdiction for several years. Many of these projects have been completed or are well underway and his role in that capacity will be considerable decreased. The remaining major projects under the original contract include, Rancho California Road Interchange, Overland Drive Overpass, State Route 79 North along the frontage of the Shopping Center and coordination of State Route 79 South Ultimate Interchange PSR. Based on these projects, the staff is recommending a reduction in the time allocated to coordinate these projects from 40 hours per month to 20 hours per month with a corresponding reduction in monthly fees from $2,000.00 to $1,000.00 per month. Recently, Pala Road and Pala Road Bridge Project over Temecula Creek received approval by FHWA. In conjunction with this project, the City has entered into three (3) contracts with public agencies including the U.S. Army Corps of Engineers, California Department of Fish and Game and the Bureau of Indian Affairs. In addition, other contracts that the City will be required to administer and coordinate shall include design consultants for the roadway and bridge design, Landscape Architect for wetlands restoration, biologist, archeologist, and the construction contractor. All of these activities will require close coordination and timely requests for reimbursement to the City from other funding agencies of the funds expended on these activities. r :~gdrm~97 ~ 1007~l~e.aorla~l~ Based on these needs it is imperative that one (1) person devote the required time and provide the continuity that this project will require. Due to the department's current workload, it would be impossible to dedicate a person, having the required experience and adequate time to properly accomplish these tasks. Staff is therefore requesting authorization to retain Mr. C.M. Gilliss for that purpose. The monthly retainer for these services is $5,000.00 per month. The scope of Mr. Gilliss' responsibilities is detailed in the proposed contract. FISCAL IMPACT: The cost of $5,000.00 per month Improvement Budget. or $60,000.00 per year is available in the Capital Attachments: Professional Services Agreement CITY OF TEMECUIA PROFESSIONAL SERVICES AGREEMENT This Agreement was made and entered into this 7th day of October, 1997, by and between tho City of Temecula ("City"), a municipal corporation, and C.M. (Max) Gillins, a Professional Engineering Consulting Firm ("Consuitanf~. The pa~es hereto mutually agree as follows: 1. Service. Consultant shall perform ~he tasks set forth - Contract Coordination Pala Road Bridge. 2. Perfm'nmnee. Comuinnt shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. IMymmt. The City agrees ~o pay Consu!lant the anxx~ of ~,000.00 per month for a minimum of 100 hours of monthly service. This amount will not exceed $00,000.00 per Fiscal Year unless additional payment is approved by the City Council; provided that the City Manager may approve additional payment not to exceed 10% of conlract amount. Consultant will submit an invoice at the conclusion of actual services performed. Payment shall be made within Ikirty (30) days of receipt of invoice. 4. Amendments. This Agreement may be amended so long as such amendment is in writing and agreed upon by both the City Manager and Consultant. 5. Ownership of Documents. Upon satisfactory completion of, or in the evem of termination, suspension or abandonment, this Agreement, all original documents, designs, drawings and notes 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. 6. Termination. The City may terminate this Agreement without cause so long as written notice of intent ~o termirate is given to Consultant at least three (3) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. 7. Indemnification. The Consultant agrees to defend indemnify and save harmless the City of Temecula, its officers, officials, or liability or any kind or nature which the City, its officers, agems 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 Consuitant's negligent acts or omissions under the terms of ~his Agreement, excepting only liability arising out of the sole negligence of the City. 8. Status of Consultant. Consutlant is an hxie~ndent contractor in all respects in the performance of this Agreement and shall not be co 'nsalered an employee of Ihe City for any purpose. No employee benefits shall be available to Consultam in connection with the performance of this Agreement. Except 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. 9. Term. This Agreement shall commence on November 1, 1997 and shall remain and continue in effect until tasks described herein are comple~cl, but in no event later than June 30, 1998. This contract can be extended by the City Manager up through June 30, 1999. I0. Subcontracts. The Consultant shall not enter into any subcontracts for services to be rendered toward the completion of the Consuitant's portion of this Agreement wilhout the consent of the City. At all limes, C.M. ~!ax)Gilliss shall be primarily responsible for the performance of the tasks described herein. Upon ~erminafion of dfis Agreement, Consultant's sole compensation shall be for the value of service rendered to the City. 11. Default. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to condnue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfac~n of Ibe City Manager of the City. Failure by the Consultant to mak~ progress in.the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by lhe City of three (3) redred judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 12S0, et seq. City and Consultant shall share the cost of the arbitration equally. 12. Notices. Nodces shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody 'of the United States Postal Service addressed as follows: Ao City: Attention: City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590 Attention: C.M. "Max" Gilliss Max Gilliss, Consultant 1989 Haven's End Prescott, AZ 86301 The nodces shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 13. Entire Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 2 R :~KICAK~G [l_l_ _t~2.AGR/ajp 14. Liability. Except as provided in Ihe Agreemere, City shall not pay salaries wages, or other compensation to Consultant for performing services hereumler for City. City si~11 not be liable for compensalion or indenmificalion to Consultant for injury or sickness arising out of performing services hereunder. 15. Licenses. Consultant warrants that it maintains all necessary li~nses. The parties hereto have executed ibis Agreement on Ihe date and year above written. CONSULTANT CITY OF TEMECULA T~de Patricia H. Birdsall, Mayor APPROVED AS TO FORM: Peter M. Thorson, 'City Attorney June S. Greek, City Clerk R :~KICAK~GI LLI~S2.AG R/sip EXHIBIT "A" TA,qK,q TO RF'. PF. RFORM!;,D CONTRACT COORDINATION - PALA ROAD BRIDGE Consultant will perform tasks as assigned by the City Manager or his Designee in areas, including, but not limited to: Assist with the selection of the following cor~ultants. a. Road and Bridge Design Consultant b. Landscape Architect c. Biologist to coordinate with Landscape Architect for wetlands restoration d. Archeologist as may be necessary 2. Assure the obligation of funds by funding agehales for the'various phases of project. 3. Coordinate the work of the above consultants as well as consultants of ADI59 for Highway 79 South improvements. Coordination of various contracts during the design phases which include agencies listed below, however not necessarily limited to these agencies: a. Federal Highway Administration b. CaRram c. U.S. Army Corps of Engineers d. Fish and Wildlife e. California Deparanent of Fish and Game f. Bureau of Indian Affairs g. Pechanga Tribe 5. Assist in coordinaling the projects with all effected utility companies. 6. Assist in evalnafing the bids of the potenlial lowest respomible bidders for compliance of the bid documents and submittals with the requirements of all the funding and regulatory agencies. 7. Assist in coordimting the responsibilities and work product of various consultants, to include the consultants ~ in I a, b, and c., various inspectors, des/gn engineers and the contractor for the project. 8. Prepare reports for the various regulatory and agencies as may be required. Submit and/or assist in submitting the request for funds for work completed to date, and expedite payments by funding agencies. 10. Direct preparation of final reports as may be required by the various funding and regulatory agencies. Comuimnt shall have available to him as his support staff the engineering, administrative and secretarial staff of the Public Works Deparunent of the City of Temecula. 1 EXHIBIT Comultam shall submit monthly invoices for all services rendered. Consultam will be compensated at a fiat rate of $5,000.00 per month and agrees to provide a minimum of 100 hours of services to the City on a monthly basis. 2 ITEM 21 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer DATE: October 7, 1997 SUBJECT: Professional Services Engineering Agreement - Lohr and Associates and City of Temecula - Pechanga Creek/Temecula Creek Study RECOMMENDATION: That the City Council: Approve a Professional Services Agreement between Lohr and Associates and the City to provide the necessary studies as required by the U.S. Army Corps of Engineers prior to any maintenance in the channel for an amount not to exceed $11,500.00 and authorize the Mayor to execute the agreer~ent. Appropriate $11,500.00 for the required study from General Fund Reserves to Public Works Flood Control Account No. 001-164-601-5403 BACKGROUND: At their regular meeting of September 23, 1997, City Council directed staff to prepare a report on possible preventative measures from flooding for the residents along Pechanga Creek. Staff has contacted U.S. Army Corps of Engineers to determine what steps are required to permit some interim measures to minimize the danger of flooding of private properties. In my discussions with the Corps representative, they advised me that the following would be required: 1. Hydrology Study of the drainage area 2. Hydraulic Study of the channel as designed at the time of construction. 3. Hydraulic Study of capacity of the channel as it exists today 4. Percentage decrease in the capacity, design versus current conditions 5. Recommendation regarding the required improvements to prevent flooding of the properties In our discussions regarding Temecula Creek, the downstream portion from confluence with Pechanga Creek, the Corps feels that the currently approved equipment for clearing the Murrieta Creek would not be permitted due to the condition of that channel. They are concerned that channel bottom would be disturbed, which is not acceptable. However, they would not preclude the clearing of any foreign materials such as shopping carts and/or other man made materials found in the channel. They would also allow removal of any dead trees or shrubs. r:~g¢lrpt~97~ 1007 ~eht.agrlejp The property owners have contracted Mr. Don Lohr, a local engineering firm Lohr and Associates to prepare the report as may be required by the U.S. Army Corps of Engineers. I spoke with Mr. Lohr regarding the requirements of the Corps, which resulted in his proposal to us for the work as described in the exhibit (letter dated September 29, 1997 - Donald O. Lohr to Joseph Kicak). FISCAL IMPACT: The total cost is not to exceed $11,500.00 for the study. Appropriation from General Fund Reserve is required to Public Works Flood Control Account No. 001-164-601-5403. Attachments: Professional Services Agreement r:~drpt~97~l O07Uohr.egrlaip CITY OF TEMECULA AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES PECHANGA CREEK FLOOD PLAIN THIS AGREEMENT, is made and effective as of October 7, 1997, between the City of Temecula, a municipal corporation ("City") and Lohr and Associates, 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 October 7, 1997, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 7, 1998, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall pertbrm the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shah 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 litis Agreement. 4. PAYMF. NT. 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 Eleven Thousand Five Hundred Dollars and No Cents ($11,500.00) 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 Consultam 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. Cor~d~ant 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 Ihe previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to aH 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. 5, SUSPF. NglON OR TERMINATION OF AC, RF.F. MFNT WITHOI]T C. AII.qF., a. The City may at any ~'ne, 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 Agreemere is termimted pursuant to t~s 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. DEFAIII.T OF CONgUt,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 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. oWNKRgHIP OF DOCUMKNTS. a. Consul~at shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and cr, her such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the represematives 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 ~ event of termination or suspension of ~ Agreement, all original documems, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in ~he 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. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INT)i~.MNIIrlCATION. 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 Consuitant's negligem 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 RI~.QUIR!~.MENTg, 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 ScQpe of In.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) Worlcer'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 l.imit~ of In.rance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, petsoral 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 projectallocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. r'~luctibles and .%lf-lmured Retentiom. Any deductibles or .~eif-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either t~ 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. O~her lrm~nce Provi.~iom. 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 -3- r:~aSn~nu~m ~i~t.a~/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. (3) 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. 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. Acce, ptabilil~, of l~m,rers. 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 alternaive 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. INT~EPF~NI~F~NT 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 ~fis 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 agent~ 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. I.EGAI, RF3IPONSIRII.1TIrF. q. 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 oecasioned by failure of the Consultant to comply with this section. 12. I~F.I.F. ASE 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 ~s Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opporttmity 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. NOTIC~q. 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 request~!, 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: Lohr and Associates, Inc. Donald O. Lohr, President 43515 Ridge Park Drive Temecula, California 92590 (909) 676-6726 14. ~,.~$1C~N-M~.NT. The Consullnnt 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 Donald O. Lohr shall perform the services described in fffis Agreement. Donald O. Lohr 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 Donald O. Lohr from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, wi~n three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compemation 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. 12. I.ICF. NgF.~. 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. GOVERNINC, 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 diswict 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 ~o actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGRF, F, MENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXE~CUTE THIg 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 amhority 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 ~o Form: Peter M. Thorson, City Attorney CONSULTANT LOHR and ASSOCIATES, INC. Donald O. Lohr, President F. XI-III~IT A TASKR TO RF. PF. RFORMF. F) September 29, 1997 RECEIVEr SEP 1997 CITY OF TEMECULA ENGINEERING DEPARTMEN'; ~.ohr +Associates Inc Land Planning Civil Engineering Surveying 43513 Ridge Park Drive 3bmecLJla, CA 92590 (909) 676-6726 (FAX) 699-0896 Mr. Joseph Kicak City of Temecula 43200 Business Park Drive Temecula, CA 92590 Subject: Pechanga Creek Flood Plain Dear Mr. Kicak: Lohr + Associates Inc is pleased to submit for your consideration this proposal to determine the water surface elevators for Pechanga Creek based on 100-year storm flows. The limits of the study will be from the junction with Temecula Creek upstream to Via Eduardo, a distance of approximately 5000 feet. Lohr + Associates Inc will provide the following services: 1. Establish the 100-year flow in Pechanga Creek based on existing studies on file with Riverside County Flood Control District. 2. Cross-section Pechanga Creek at approximately 500 foot intervals. These cross-sections will be plotted and compared to the design section shown on the Rough Grading Plan for Tract 13060 to determine the amount of siltation that has occurred. 3. Establish normal depth of flow at each cross-section based on the agreed upon 100-year flow, the existing channel bottom slope and an agreed upon "N" factor. 4. Determine the reduction in flow capacity of the channel for current conditions versus the original design. We will also verify whether or not the channel section that was originally, constructed was capable of carrying the 100-year flow. 5. Present our findings and recommendations in report form along with all cross-sections and calculations to the City of Temecula. Lohr + Associates Inc will provide these services on a time and materials basis in accordance with the attached fee schedule for a not to exceed amount of $11,500.00. We estimate that it will take approximately three weeks to complete the scope of work once we have received your authorization to proceed. EXHIBIT B PAYMF. NT SCI-~.r)uI 100% of payment due upon completion of project -9- t:~ lmll ~ll~e~lq~,t .l~flltjp ITEM 22 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance October 7, 1997 Disposal of City Vehicles APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER PREPARED BY: Allie Kuhns, Senior Management Analyst~ RECOMMENDATION: That the City Council approve the disposal of three City vehicles through public auction to be conducted by Roger Ernst Auction House. BACKGROUND: Staff has identified three vehicles which have been depreciated completely and have exceeded their serviceable life at well over 60,000 miles of City driving each. Additionally, the over $3,000 per year in maintenance costs per vehicle has proven not to be cost effective and has rendered these vehicles to be unreliable. The vehicles to be disposed of are as follows: VIN 1GNDT13Z7M2169894 VIN 1GCCSl 9Z6M8308232 VIN 1 G1LT54XLE221028 1991 Chevy Blazer (former City Manager Vehicle) 1991 Chevy S-10 pick-up (Building & Safety) 1990 Chevy Corsica (pool vehicle) In accordance with the City's Municipal Code and Purchasing Manual, the City is required to dispose of materials and equipment through public auction or sale, or other means which provide maximum return to the City. In the case of vehicles, the City derives the most benefit with the least exposure by disposing of the vehicles at a public auction because the vehicles are marketed and sold "as is." To evaluate the market for public auctions, Staff located five vendors in California and requested the conditions under which each would auction the City's property. Attached is a summary of the proposals received. Based on the proposals received, Staff recommends disposal of the vehicles by Roger Ernst Auction House located in Modesto, CA. Although this vendor receives a 10% commission while two others receive a 5% commission, their proposal is a "turn key" service with no additional costs to the City. Both of the other vendors had additional costs listed. FISCAL IMPACT: The City will receive 90% of the auction price within 15 banking days of the sale of the vehicles. Attachment: Auction Quotes COMPANY Roger Ernst Auction House P.O. Box 3251 Modesto, CA 95353 Tom White (209) 527-7399 General Auction Company 13804 Shoemaker Ave. Norwalk, CA 90650 Gene Govomau (562) 483-0526 Ken Po~er Auction Co. 813 O~den St. Santa Barbara, CA 93101 Michael Bainbridge (805) 966-0017 Nationwide Company 13005 E. Temple Ave. City of Industry, CA 91746 Wayne Matthewson (626) 968-3110 COMMISSION 5% 5% 10% AUCTION QUOTES TRANSPORT SMOG CHARGE CHARGE No~ $150.00 ($50.00 per vehicle) $180.00 ($60.00 per vehicle) $195.00 ($65.00 per vehicle) None Required Optional Fee $35.00 per vehicle Non~ Required Optional Fee would be at city None Required Optional Fee $45.00 per vehicle None Required Optional Fee $45.00 pex vehicle DETAILING/ DE-LOGO CHARGE None $75.00 ($25.00 per vehicle) None $105.00 ($35.0O per vehicle) STORAGE CHARGE None None None None 15 banking days 15 banking days 15 banking days 10 banking days American Standard No Written Proposal Submitted. Info based on phone quote. David Handelman (818) 594-0505 15% $180.00 ($60.00 per vehicle) None Required optional Fee would be at city $105.00 ($35.00 per vehicle) None 5 banking days ITEM 23 ORDINANCE NO 97-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AlV!~'~ING CHAPTER 17 OF ~ TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDmONAL USE PERMITS FOR ~TIONAL VEHICT.~ STORAGE YARDS IN CERTAIN RESID~ ZONING D]~FRI~, INDOOR SWAP ~ IN CERTAIN COMMerCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBUJ~ OIL CHANGE/LUBE SERVICF..S IN CERTAIN COMM~C~ AND FOR A CONDITIONAL USE PERMIT I~OR MASSAGE ESTABX./~~TS AND PERMIT THEM lN CERTAIN ZONING D~STRICTS, PERMIT GRF~TER SETBACK ~ IrOR RESIDENTIAL CUL-DF~SAC LOTS, ESTABL~H MOTOR CYCI.~ PARKING SPACE DIMKNSIONS, ESTABLt~H SELF-STORAGE/MINI-WAI~3~OUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEV~IO~ CODE (PLANNING APPLICATION PA97-0036) THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALr~ORNIA, DOES I-r~.R~Ry ORDAIN AS FOLLOWS: Section 1. Findi~g.~. The City Council of the City of Tcmecula hereby maices 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 cifie~ 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 "permiU~*o Ord~F/-17 I C. In Section 17.24.050(h)(4) the first sentence shah read as follows: "The interior of all parking lots shah include landscaped planters. These planters shah 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 footno~ "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 Serbs,eke: 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 sUuctutes 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 ranire minor changes to the Development Code: A. In Section 17.03.060(b)(1) add the following to the end of the subsection: 'The requited ~ of the set backs for residential lots ~ccesslng 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 Foomo~ 4 to the e~l of the Table 17.08(a) ~o resd as follows: 'See 17.080.$0 Special Use Regulations ~nd Standards Section (r) Self-Storage or Mini-Warehouse FacihTw, s'. Section 4. A. Add the following line to Table 17.06(a): Recreational Vehicle Storage - C C Yard~ Amend Chapter 17.06 of the Temecula Municipal Code as follows: L-2 LM M H C C C C Section $. Amend Chapter 17.08 of the Temecttla Municipal Code as follows: A. Add the following lines to Table 17.08(a): Swap Meet, entirely inside a permanent building ~ Swap Meet, Outdoor NC CC HT SC PO BP LI - - C - C C B. Add the following line to Table 17.08(a): NC CC HT Automobile Oil Change/Lube - · C P Services with no Major Repairs SC PO BP LI P - p Ce Amend the Massage portion of Table 17.08(a) to read as follows: NC CC HT SC PO BP LI I[M~ I P I PIP I v I ~'I P I D. Add the following line to Table 17.08(a): NC CC HTC Mini-Storage or Mini Warehouse - C - Facilitie~4 SC PO BP LI P - C P Ords~7-17 3 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 P!annin~ Commission Director Conditional Use Pcrmit-(New Building 10,000 sq. fl. or greater) Conditional Use Permit-(New Building Less than 10,000 sq. ft.) X X Section 7. Amend Section 17.04.010 o 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. O) If the Conditional Use Permit involves a new building with 10,000 square feet or greater, the p!nnning Commission shah have the authority to approve, conditionally approve, or deny an application for Conditional Use Pertnit. 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 Co) (2) to add the foliowing to the end of this 0~ds~7-17 4 Except that Conditional Use Permits requiring Director approval shah be noticed to a radius of six hundred (600) feet from the exterior boundaries for the site. Section 9. Amend Chapter 17.24 to make the following Sections: A. ~ the current Mini-Storage Warehouse parking requirements in Table 17.24 (a) with the following: Self-$torageYMini- 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 manazer'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 n,'cessed 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) SeN-Storage or Mini-Warehouse Facih'ties The following standards shah be applied to all new self-storage or mini-Warehouse facilities: (1) l~-~v~.lfipmnnt The design of the facility slmll be compatible with the surrounding area in terms of design, bulk and mass, matedais and colors. Building exteriors shah not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. In Commercial Zoning Districts the rear and side yard setbacks shah 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. The maximum lot coverage shall be 65 percent. The development site shall provide a minimum of 10% landscaped open space for project within Commm'cial Districts. In Industrial Districts the totnl landscaping area shall be equal to the required setback areas. No interior landscaping is required, but the setback (e) A manager's residential unit may be pwvided, but is not required. O~ds~F'/- 17 5 Required pafidng spa/es may not be rented as, or used for, vehiatlar 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. (9) Performnnce nnd Use R~mlnfions: Any business activity, other than rental of storage units, including the on-site sale of merchandize, or garage sales, and transfer/storage bv~ne~-~ which u 'tfiize vehicles ~ part of the business are prohibited. No servicing or repair of motor vehicles, boats, Wailers, hwn mowers, or any similar equipment is permitted. Co) Storage units ~ not be used for the storage of flammable liquids, highly combustible or explosive materials, or b~-n_ rclous chemicals. Truck or vehicle rental busin~ are prohibited without first obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses." Section 10. .~ever~hility The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction ~ hold any sentence, tm'agra~, or Section of this ordinance to be invalid, such decire'on shall not affect the validity of the remaining parts of this ordinance. Section 11. ~ffectlve r~te This Ordinance shall be in full force and effect thirty 00) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a sununaty 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 lea.~t 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. Orda~/-17 6 Section 12. PASSer% APPROVED, AND ADOPTED this 10th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMCIAAE City Clerk [SEAL] STATE OF C,,$3.AFO~ COUNTY OF RIVERSIDE) ss CITY OF TEIviECULA I, lune S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97-17 was duly introduced and placed upon its first _~'~,~i~g 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 of the City of Temecula on the 7th day of October, by the following roll call vote: COUNC~ERS NOF~: COUNCILlVI~MB]~,S {une $. Greek, AAE/CMC City Clerk O~97-17 7 ITEM 24 ORDINANCE 97-18 AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SP~k~ LIMIT ON 1) PIO PICO ROAD BETWEEN DE PORTOLA AND MARGARITA ROAD 2) PR~'~CE LANE WEST OF YNF~ ROAD 3) D~. RIO ROAD BETWEEN FRONT ST]/~!/T AND VIA MONTEZUMA 4) WALCOTT CORRIDOR BE'I*WEEt~ LA SERENA WAY AND NICOLAS ROAD TUK CITY COUNCIL OF THE CITY OF TIMECULA DOES HEIt~RY ORDAIN AS FOLLOWS: V,'H~REAS, The City of Tcmecula finds and determines that from time to time it is n~es~ry to add or modify existing prima facie sp~.d limits within the City for certain streets, or parts of streets. WHEREAS, the City conducts engineering and trntT~ surveys on its roadways in order to determine the appropriate speed limit; WI~2~.F. AS, the engineering and traffic surveys on the segments of roadways designated in this Ordinance indicate that new ~ Urnits bc 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: "Nnme of .~tre~t nnd Portion Affzc"t~! Pio Pico Road between DePortoh and Margarita Road 30 Preece Lane west of Ynez Road 30 Del Rio Road between Front Street and Via Montezuma Walcott Corridor between La Serena Way and Nicolas Road 30 0nb~97o18 I Except as specifically set forth in this Section 1, all other provisions of Section 10.25.010(d) shall remain in full force and effect. SECTION 2..%vetability. 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, pm'agraph, 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. SECHON 4. l=.ffectlve Dnte. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 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 ADOPTI~ this 7th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor }une S. Greek, CMC/AAE City Clerk OrdsW7-18 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of ~ ~ of Temecula, do hereby certify that the foregoing Ordinance No. 97-18 was dully introduced and placed upon its first reading at a regular meeting of th~ City Council on the 23rd day of September, 1997, and that thereaft, said Ordinauce was duly adopted and pa~d at a ll~fi.r 111~lillg of the City Council on the 7th day of October, 1997, by the following vote: 0 COUN~HRS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCH,MEMBERS: June S. Greek, CMC/AAE City Clerk Ords'~97-18 2 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD SEPTEMBER 23, 1997 A regular meeting of the Temecula Community Services District was called to order at 8:45 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROll CA! L 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. PURl IC COMMFNTS None given. CONSFNT CA! FNDAR It was moved by Director Lindemans, seconded by Director Birdsall to approve Consent Calendar Item No. I as follows: 1 Minutes 1.1 Approve the minutes of August 26, 1997. 1.2 Approve the minutes of September 9, 1997. The motion was unanimously carried. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Director Shawn Nelson reported that the Community Services Department hosted its first 'Parents Night Out," where child care is provided at the Community Recreation Center. He also reported that the first Skate Board Competition was held at the Temecula Skate Park this Saturday, and on Sunday the first Family Kite Flying Day was held at Paloma Del Sol. He thanked staff for their efforts in providing these community activities. GENERAL MANAGER'S REPORT None given. r:\minutes.csd\092397 -1 - BOARD OF DIRECTORS' REPORTS None given. ADJOURNMENT It was moved by Director Roberts, seconded by Director Lindemans to adjourn at 8:55 PM to a meeting on October 7, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Jeff Stone, President ATTEST: June S. Greek, CMC/AAE City Clerk/District Secretary r:&minutes.csd\092397 -2- ITEM 2 ^..ROVe. CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: October 7, 1997 SUBJECT: Community Services Recreation Brochure PREPARED BY: t.¢:~ ~Julie Crowe-Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors: Approve purchase order of $30,516.50 for Graphics Unlimited Lithography to print two (2) issues of the Community Services Recreation Brochure. DISCUSSION: A Request for Proposal (RFP) was released by the City to solicit proposals for the development and professional production of the Community Services Recreation Brochure. The Winter/Spring issue will be distributed city-wide on January 2, 1998 and the Summer/Fall issue will be distributed June 5, 1998. The brochure will include 32 pages with a glossy, full color, eighty-weight outer cover and glossy seventy-weight interior pages. Services provided will include design, camera ready art work, typesetting layout, final printing, and delivery to the U.S. Post Office for bulk direct mail delivery. Request for Proposals (RFP) were sent to twenty-six (26) qualified printing and graphic professionals in Temecula and surrounding communities. In addition, a Public Notice was submitted to the local newspaper informing potential printing and graphic professionals that the City was seeking printing and graphic services. Staff received one proposal from Graphics Unlimited Lithography located in Temecula. The cost including sales tax, was submitted as follows: 1. Graphics Unlimited Lithography Winter/Spring Issue: $15,258.25 Summer/Fall Issue: ~15,258.25 Staff has worked with Graphics Unlimited Lithography on several projects in the past and have been completely satisfied with their work performance. In addition, the Community Services Department has received two previous state wide recognitions for recreation brochures that were produced by Graphics Unlimited Lithography. Therefore, it is staff's recommendation to award production of the recreation brochures to Graphics Unlimited Lithography. FISCAL IMPACT: Cost to produce two (2) issues of the Recreation Brochure will not exceed $30,516.50 Unencumbered funds exist in account #190-180-999-5222 for FY 1997- 98. ITEM 3 CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER ..,~,~' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Shawn D. Nelson, Director of Community Services October 7, 1997 Design Services Agreement for Gym Cooling System PREPARED BY: '~~, Herman Parker, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: Approve the agreement with Dahl, Taylor & Associates, Inc., for $20,800 to provide design services for the installation of air conditioning at the CRC gymnasium. BACKGROUND: Since the opening of the Temecula Community Recreation Center Gymnasium (CRC) in March of 1994, the facility hea operated without an air conditioning or cooling system. During the warm summer months of June, July and August, the temperatures in the gymnasium can get extremely high. This results in unusually uncomfortable activity conditions for patrons who participate in basketball leagues and other programs. As a result, the Community Services Department is recommending the design and installation 'of an air conditioning and temperature control system for the CRC gymnasium. On August 1, 1997, the Community Services Department released Request for Proposals to mechanical engineering firms for the preparation of schematic design drawings and construction documents for the installation of the air conditioning system at the CRC gymnasium. After a review of the proposals received, staff is recommending that the Board of Directors approve the attached agreement for design services with Dahl, Taylor & Associates, Inc. Dehl, Taylor & Associates, Inc., has extensive experience designing air conditioning systems for large indoor facilities and have successfully completed similar projects for the City's of Corona, Rosemead and Redondo Beach. FISCAL IMPACT: The $20,800 design of the air conditioning and temperature control system at the CRC gymnasium is appropriated in Capital Improvement Program account number 210-190-152-5802 for FY1997-98. · :~,~AG~)A~OYMCOOL, September 2E, 19~7 CITY OF TF. MECULA AGREEMF~NT FOR CONSULTANT SERVICES THIS AGRF_,~NT, is made and effective as of October 7, 1997, between the Temecula Community Services District, a municipal corporation ("City") and Dahl, Taylor & Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TF~RM. This Agreement shall commence on October 7, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 30, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. ,qF. RVICF~q. 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. PERFORMANCF.. 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. PAYMF~NT. a. The City agreea 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 Twenty Thousand Fight Hundred Dollars and No/100 ($20,800) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager r: rusep\dahltayl.or - 1 - Revised 9/18/95 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. SUSPENSION OR TF~RMINATION OF AGREEMFNT 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 CON~UI~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 shah have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to r:mscp\dahltayl.m- -2- Revised 9/18195 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. OWNER.gHIP OF r~C[~,~. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly 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. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INYIEMNIFICATION. 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 sole negligence of the City. 9. INSURANCE REQUIREMF. NTS. 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. r:mscp\dahllayl.or -3- R~vi~d 9118195 a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 fed. 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: than: bo Minim. m I imit.q of Insurance. Consultant shall maintain limits no less O) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (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. l'!~ucfibles arid ~qelf-Insnred 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 voIunteers; 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: r:msep~d~llayl.or 4- Revised ~/18D5 (1) (2) (3) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall conlain 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. 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verifi~tion 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. r:msop\dah#ayl.ot -5- Revised 9/I $/95 10. INDF~PF.N'f)I;'.NT 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. I,F, GAI, RF. qPoN,qlRII,ITIKq. 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. 12. R!~'.l.g.&.qg. 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 pr~x~ located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City r:rusep\dddtayl.or -6- R~bed 9/18/95 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. NOTICF. q. 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 r~.eipt 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 Temecuh 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Consultant: Dahl, Taylor & Associates, Inc. 2960 Daimler Street Santa Ana, CA 92705-5824 Attention: William S. Cowdell, P. E. 14. A,g,glC, NMF. NT. 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 William Cowdell shall perform the services described in this Agreement. William Cowdell may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of William Cowdell from Consultant's employ. Should he 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. 15. I.IC~NgF. R. 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. r: ruscp~dahgayl.or -7- Revised 9/18195 16. C~OVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parries 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 EX!~/~UT~ 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. CONSULTANT CITY OF TEMECULA By Dab1, Taylor, & Associates, Inc. By Jeffrey E. Stone Chairperson Approved As to Form: Pe/er M. Thorson City Attorney Attest: June S. Greek City Clerk r:rusep~dahllayl.o~ -8- Revised9/18/95 EXHIBIT SCOPE OF WORK Dahl, Taylor & Associates, Inc. proposes to provide the City of Temecula, Community Recreation Center gymnasium with the following services: $corm of Work Cost r~er Item Meet with City staff to develop and refine overall project needs, requirements and schedule wc~ to provide a cooling system for the Community Recreation Center gymnasium, located at 30875 Rancho Vista Road, Temecula, CA. $400.0 Establish an understanding with City staff regarding the Scope of Work, fees, and coordination methods. $200.0 Evaluate the existing heating and ventilation systems, and associated mechanisms, in the gymnasium. Determine how the cooling system may interface with the existing HVAC system for the entire building, and recommend cost effective methods for providing a cooling system for the gymnasium. $800.0 Recommend to the City the most feasible and cost effective method(s) to provide a temperature control system for the gymnasium. o Prepare and provide schematic design plans and specifications, and submit to the City for review and approval in accordance with all applicable building codes. Prepare bid specification package, including bidders instruction, bid sheets, general specifications, special provisions, technical specifications, construction costs, and final construction plans using City boiler plate documents. $1,000.0 $8,000.0 Respond to the City plan check comments, and revise plans and specifications to address all City plan check comments. Provide four (4) sets of the plans for each plan check submittal. $1,000.0 Attend the pre-construction meeting to ensure issues related to the construction phase can be addressed. 10. Be available to answer questions dum~g the bid and issue addenda during the construction bid process. Perform site visits during the construction phase, and final walk-through for compliance with overall system design, industry standards, and California Uniform Building Code regulations. $4,000.Q $15,800.0 Allowance for Structural/Architectural Services (If required after determination of cooling system equipment location.) $ 5,000.0 EXHIBIT "B" e 3. 4. 5. 6. 7. 8. MECHANICAL AND ELECTRICAL DESIGN SERVICES FEE SCHEDULE Classification Principal Engineer Mechanical/Electrical Engineer Project Engineer Design Engineer Senior CAD Designer CAD Designer Technical Typist Travel Time at One-Half Hourly Rate. Automobile Mileage at 30 Cents Per Mile. Air Fare at Cost. Per Diem Expenses at Cost. Blue Printing And Reproductions at Cost Plus 15%. Consultant at Cost Plus 15%. Special Instrumentation, Outside Tests and Reports at Cost Plus 15%. Terms of Payment - Net 30 Days; Interest Rate = 1-½% Hourly Rate $105.00 $ 95.00 $ 90.00 $ 80.00 $ 75.00 $ 60.0O $ 45.00 January 18, 1997 ITEM 4 TO: FROM: DATE: SUBJECT: PREPARED BY: CITY ATTORNEY FINANCE DIRECTOR' GENERAL MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager October 7, 1997 Award of Contract and Adoption of an Addendum to the Mitigated Negative Declaration for the ADA Improvement Project (Project No. PW97-09CSD) Shawn D. Nelson, Director of Community Services Don Spagnolo, Principal Engineer - Capital Projects Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: 1. o Adopt an Addendum to the previously adopted Mitigated Negative Declaration for the Rancho California Sports Park Improvement Project. Approve the plans and specifications for the construction of the Americans with Disability Act (ADA) Improvement Project, Project No. PW97-09CSD. Award a construction contract to Mod Craft, Inc. for the base bid and one alternate bid in the amount of $230,941.57 and authorize the President to execute the contract. Authorize the General Manager to approve change orders not to exceed the contingency amount of $23,094.16 which is equal to 10% of the contract amount. Authorize the transfer of funds from the Rancho California Sports Park Improvement Project in the amount of $32,127.00 to the ADA Improvement Project Fund in the CIP Fund. Appropriate and transfer $30,000 from TCSD Fund Balance to the ADA Improvement Project Fund in the CIP Fund. BACKGROUND: On May 13, 1997, the Board of Directors authorized the Department of Public Works to solicit public construction bids for the ADA Improvement Project, Project No. PW97-09CSD. The project will retrofit four City parks to meet ADA standards which will provide a recreational experience for people with disabilities. The base bid improvements for the project include the following improvements: Veteran's Park: Sidewalk access to two tot lots: all-access play surfaces for two tot lots; park benches; all-access drinking fountain; ADA picnic table; bar-be-cues. Calle Aragon Park: Play structure installation, all-access play surface for tot lot; ADA picnic table, all-access drinking fountain. John Magee Park: Play structure installation; all-access play surface for tot lot; ADA picnic table; sidewalk access to picnic facilities; bar-be-cue. Rancho California Sports Park: Sidewalk and ramp access to the Rancho Vista ball fields No. 1 and 2; sidewalk to the tot lot; re-striping of the parking lot; drinking fountains. The alternate bid consists of additional improvement items for Rancho California Sports Park including a 65-foot long pedestrian bridge crossing the existing drainage course and an additional 1600 square feet of concrete sidewalk at tot lot area. The pedestrian bridge and new sidewalk were not analyzed in the original Mitigated Negative Declaration for the Rancho California Sports Park Improvement Project adopted by City Council on April 24, 1994. The attached addendum to the previously adopted Mitigated Negative Declaration has been prepared for adoption by the Board. Three (3) bids for the project were publicly opened on September 4, 1997 and the results of the base bid and alternates are as follows: No. CONTRACTOR BASE BID ALTERNATE TOTAL ($) ($) ($) 1 Mad Craft, Inc. $184,663.57 $46,278.00 $230,941.57 2 Oakridge Landscape & $189,996.00 $60,697.00 $250,693.00 Irrigation 3 Malibu-Pa cific Tennis $214,210.00 $63,000.00 $277,210.00 Courts, Inc. Staff has contacted the State Contractors License Board and confirmed that the license is current and in good standing. Mad Craft, Inc. has not performed any work for the City, but has performed well in other areas of California base on comments from reference of previous work. The Construction schedule is for 55 working days. Work is expected to begin by early November 1997 and to be completed in early February 1998. A copy of the bid summary is available for review on the City Engineers's office. ~.~8clq=t\9~ t007~w97-09r~ FISCAL IMPACT: The ADA Improvement Project is a Capital Improvement Project and will be funded primarily through a Community Development Block Grant. A transfer of $32,127.00 ($2,593.00 - Administration; $29,535.00 - Construction) in Development Impact Fees from the Rancho California Sports Park Improvement Project is required. Additionally, an appropriation and transfer of $30,000.00 is required from TCSD operating fund balance to ADA Improvement Project - Construction. The pedestrian bridge is budgeted in the Rancho California Sports Park Improvement Project. Sufficient funds are appropriated in the Capital Improvement Program for the completion of this portion of the subject project. ATTACHMENTS: 1. Addendum Mitigated Negative Declaration 2. Construction Contract r: ~a~drpt\97~ 1007~l~e97-O9awd CITY OF TEMECULA Environmental Checklist RECEIVED CITY OF I'EMECUIA ENGINEERING DEPARTMENT 1. Project Title: Lead Ageucy Name and Address: Contact Person and Phone Numbec. Project Location: Project Sportsoffs Name and Address: 6. C.,-eam'al Plan Designation: 7. Zoning: 8. D~scription of Proj~'t: Environm~tal Assessment No. 34 - Revised: American With Dis~b'fiities Act Improvement Project at Temecula Sports Park City of Temecula 43200 Business Park Drive Temecula, CA 92590 Matthew Fagan, Associate Plann~ (909) 694-6400 Southeast ofthe ~tersectim of Margarita Road and Rancho Vista Road, in t~e Temecula Sports Park City of Temecula 43200 Business Park Drive Temecula, CA 92590 Public Institutional (PI) Public Institutional (PI) Atomcan with Disabilities Act improvements to include: a 65' long bridge crossing the existing drainage course, new facilities at the Rancho California Sports Park The Mitigated Negative Declaration for Environm~tal Assess'n~'~t No. 34 (Rancho California Sports Park hnp~v=nnt proj=t) ~ adopad by~ City of ?em~ula City Council on April 24, 1994. TheMitignt~iNegntive Declaration ide-tified several areas which could be si~ificnnt~y impacted, if mitigation measures were not mcorporated as a result of this project. Theae areas impacts to a level of less than significant. The previously analyzed and approved Rancho California Sports Park Improvement Project consists of: a Roller Hoc~y Rink, a concession/restroom facility, skateboard facility, group picnic area and parking lot. TI~ bridge, n~v 6' wide sidewalk, and modifications to existing playground facilities w~e not analyzed in the adopted 10. Mitigated Negative Declaration for the project. PuFsuant to Scction 1~164 of the CB(~A Guidelines, an Addend-m to a previously adopted Negative Declaration shall bc prepared for a project if only minor technical This IniU'al F. nvironngmal Study has conductcd to dctcrmme if the projcct was within the scope of thc previously adoptcd Mitigatcd Negative Declaration. An adde,ql-m to the previously adopted Mitigated Ncgativc wide sidewalk, and morlificnrions to existing playground facilities were not considered within the scope of the previous Rancho C~ffornia Sports Park Improvement Project or environmental review for the project. Surrounding Land Uses and Setting: Communit~ Recreation Center to the west, sinl~c-famity resid~nc~ to the north, Tanecula Valley High School to the cost and a tot lot to the south. Other public agencies whosc approval is required: None. R:~LAN~NO~EA-REV.I~ 9/10/97 mf ~ ENVIRO~NT~ FACTOR~ POTENTIALLY AFFEC-I'ED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as inaic~ted by the checklist on the following pages. Land Use and Plavning Population and Housing Geologic Problems [) [) [1 [X'] Water [ ) .A~,- QuaUty [ ] Transportation/Circulation [ ] Biological Resources [ ] Energy and Mineral P. csom'ccs DETERMINATION [ ] Hazards [ ] Noise [ ] Public Services [ ] Utilities and Service Systems [] Aesthet~ [ ] C~dtur~ I'i [ ] Mandatory F'tndin~ of Significance Onthe bnsis of this initial evaluaticn, I find that although the proposed project could have a sig~ific~.t effect on the en~ there will not be a significant effect rothis case because ti~ mitigation measures described (m an attached sheet have been added to the project. AN ADDENDUM TO THE PREVIOUSLY ADOPTED -~~ DECLARATION wfil be prepared. Date R:~LANNINO~EA.,RE¥.~.S ~/10/97 mf 3 ISSUES AND SUPPORTING INFOR~JA,TION SOURCES PomaMly No 1. LAND USE AND PLANNING. Would the propoJal: a. ConfLict with gcnerzl plan cle~gnation or zoning? b. Conflict with applicable cnvironmcntsl plans or policics adopt~ by ag~ai~s with jurisdiction over the project? c. Be incompatible with existing land use in the vicinity? d. Aftrot ~rioultural resouroes or oporatio~s (~.g: imp~ to soils or fiu~nlands. or imp~.,ts fi~n incompefibl¢ bind uses)? c. Disrupt or divid~ the physicel strong. tent of an cstsblishcd communit~ (including 1ow-incomc or minority community)? 2. POPULATION ~ HOUSING. Would be proposal: e. ¢umul~vely ex__,~'d_ officiel rcgionel or local popuhtion projects? b. Induce substantial gro~vth i- an area either directly or 'indirectly (e.g. through project in an undeveloped area or exte~on of major infi-asuvctm'e)? ¢. Displace existing housing, especially ~ffordable housi~? 3. GEOLOGIC PROBLEMS. Would the proposal result in or expoae pe~ie to potential impa~ involving? ~. Fault rupture? b. seismic ground sh__~ing? ¢. Seismic ground failure, including liquefaction? d. Sciche, tsunemi, or volcanic hezard? e. ~.~nd,~tide~ or mudflows? f. Erosion, changes in topography or unstable soil condifiom form excavation, grading or fill? g. Subsidence of the land? h. Expansive soils? i. Unique geologio or physical features? [] [1 [1 [1 [] [] [] [] [] [1 [] [] [] [1 [1 [1 [1 £] [] [1 [] [] [1 [1 [1 [1 [1 [] [1 [1 [] [] [] [] IX] R:~W. ANNINOX.~EA-REV.IES 9/10/~7 mf 4 AND Sb?{W2)R1'ING ilqFORMATION SOURCE~ 4. WATER. Womld tbe propo~ll mu# b: b. Expomu~ of~le ~ p~ ~ w~ ~t~ ~ c. Di~mm~~ ~~ ~ w~ q~ (e.g. ~, ~lv~ o~g~ ~ ~i~)v d. C~gm m~ ~t ~ ~ m ~w~ e. ~g~ ~ c~,~ ~ ~ ~~w~ ~~? f. c~ ~ ~ q~ of ~ ~ H~u~ 1~ ~ ~w~ ~ cap~ g. ~ ~ ~ ~ ~ow ~ ~w~ h. ~p~ m ~a~ q~ i. s~~mm~ ~t~~ · ~ Qua. w~ ~ p~ a. Viol~ ~y ~ q~ ~ ~ ~ m ~ 6. ~RT&~ON~~ON. W~ ~ p~M m~ h: ~ ~~ ~~ ~ ~bl~ ~)7 Peamiry [] [] [] [] [] [1 [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [1 [1 [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [] ISSUES AND SUPPORTING I~FORMATION SOURCES No Insufficient parking cap~ity on-site or off-site? e. Hazards ~ barriers for perlestrom or bicyclists? f. Conflicts with Mopr~cl policies supporting alternative transpormion (e.g. bus turnouts, bicycle rae, ks)? g. Rail, w&tcrbornc or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal muir in hnpa~t~ to: (including but not limited to plants, fish, insects, animals and birds)? b. Locailyd~ignsted spots ¢. Locally design~!~ natural communities (e.g. o~k forest, coas~l habim, ~.)? d. Wetland habitat (e.g. m~rsh, ripatari and wmal pool)? 8. ENERGY ~ MIIg~'RESOURCES. Would li~ b. Use non-renewal resoumes in a ~ ~d inefficient c. Result in th~ loss of awihbility of a known mi-~ral resour~ of the State? 9. HAZARDS. Would the propreal involve: substances (including but not limited to: oil, pesticides, b. Possible interference with on mncrgcncy respome plsn or ern~gcmy evscusti(m plan? hazing? [1 [1 [] [] [l [] [] [] [] [] [] [] [] [] [] [1 [1 [} [] [) [] [] [] [] [] [] [] .[] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] R:~q-ANNING~4EA-REV.IF.S 9/!0;9~7 tu~ ~ ISSUES AND SUPPORTINO INFORMATION SOURCES d, F, xposu~ of people to ~xisti~ sources of potenthi hr, afih hazards? c. Incrcasc fuc hazard in aFcas with flammable brush, 10. NOISE. Would the proposal result in: a. Increase in e~isting noise levels? b. Exposure of people to severe noise levels? 11. PUBLIC SERVICES. Would the propoasd have an effect upon, or result h a need for new or altered government seFvices in any of the folk)wing areas: a. Fire b. Police protectien? c. Schools? d. ~V~nlntt.~n~ Of plybile f~iliti~s, in~ldil~ Fosds? e. Other 8overnmental services? 12. UTILFITES AND SERVICE SYSTEMS. WouM the proposal result in a need for new systems or supplies, or substantial alterations to the folbwin[ utilities: a. Pow~ or natural gas? b. Communications facfiities? d. Sewer or septic tanks? e. Stetro water drainage? £ Solid waste dispos&!? AESTHETICS. WouM ~he proposal: a. Aff~t a sceni~ vista o~ scenic hishway? b. ~ave a demonSsbic negntive ae~heti¢ e~ect? [] [] [3 [l [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [) [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [1 [] [] [] [] [] [] [1 [1 [] [1 [1 [] [1 [] [] [l [] [] (1 (] No ISSUF, S AND $UPPORTINO INFORMATION SOURCF~ No CULTURAL ~ESOU~CES. Would file proposal: Distrio paleontologioal resources? D/smrb ~olo//r~l resource? Affect historical rmour~s? I-hvc the poUmlial to cause a physical chengc which would sffect unique ethnic cultural values? Resuict existing religious or s~'ed uses within the pot~aial imp~-t 1~. RECREATION. WouM the proposal: a. Increase the demand f~r mghbothood or regioml parks or other recreatieml f~cilities? do MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the portugal to degrnde the quality of the environngn~ substantially reduce the habitat of · ~i~ ~r wildlife speci~ cause a fish or wildlife populati~ to drop below seif-sn~t-iniqg levels, tbre~tea to eliminate Does the project lmvc the potemial to achieve short-term, to the dindvmt~g~ of long-ram, envirom~ goals? limited, but cunndatively considerable? ("Cumulatively considerable" means that the incremcn~ dfects of a project arc considerable when viewed in connection with [] [1 [] [1 [] [] [l [l [] [] [] [] [] [1 [1 [1 [] [] [] [] [] [] [] [] [] [1 [1 [1 [] [] [1 [1 [] [] [] [] R:~L~241qNfi~4~V.!~ ~'10~T mg 8 17. EAIt~W~R ANALYSES. The Ming&ted Negative Declm'atimx f~r En~ .~.~m~nt No. 34 (Rancho California Sports Patio Improvement Project) adopted by ~ City of T~ City Council on April 24, 1994. DISCUSSION OF TUF~ ENVIRONMENTAL IMPACtS The addition of the bridge over the channel has the potential to impact Water Resources. No other impacts are anticipated. Mitigation measure~ incorporated into the project design will reduce these impacts to a level of less than significant. The proposal will result in minor modifications the existing drainage channel banks. The channel currently traverses the site has been modified from the previous project. Prior to any modification to the channel, clearances will need to be obtained from the Army Corps of Engineer~ and the California Department of Fish and Game. This will assure that any potential impacts are m/tigated to a level less than significant. CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-O9CSD ADA IMPROVEMENT PROJECT THIS CONTRACT, made and entered into the 7th day of October, 1997, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Mod Craft, Inc, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: .8. CONTRACT DOC. UMFNT.~. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW97-O9CSD, ADA Improvement Project, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard SI3ecifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-09, ADA Improvement Project. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-09CSD, ADA Improvement Project. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R.'~CIP~OJ ECTS~I~N~7~/~7-Og~C ONTRACT ~)OC The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW97-09CSD, ADA IMPROVEMENT PROJECT All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEr3U! F. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED THIRTY THOUSAND NINE HUNDRED FORTY-ONE DOLLARS and FIFTY-SEVEN CENTS {$230,941.57), the total amount of the base bid and alternate bid. CONTRACTOR agrees to complete the work in a period not to exceed Fifty-five (55) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. o CHAN~,F ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment. request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. CONTRACT CA-2 R:~CiPtPRO j ECT$~V9 ? UrNV97.09~C0 NTRACT.D 0 C Go Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. 7. WARRANTY RETFNTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000- $75,000 $75,000- $500,000 Over $500,000 RETENTION PFRIOD 180 days 180 days One Year RETFNTION PFRCFNTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 LIOUI!3ATFr3 13AMA~,FR - FXT!=NSION OF TIMF. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 9. WAIVFR OF C! AIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 10. PREVAIl ING WA~!=S. This is a Federal assisted project and Davis-Bacon Fair Labor Standards Act (the most recent wage determination published 10 days prior to bid opening) will be enforced. Whenever there is State funding involved, the highest of the two (State and Federal) wage decision prevails. Federal Labor Standards Provisions 4010 of the U.S. Department of Housing and Urban Development is incorporated into this contract and attached. CONTRACT CA-3 R:~ClI~PROJ ECT$~C'W97~WV~7 -OI~CONTRACT.DO C All contractors shall be verified for eligibility through the current HUD List of Debarred, Suspended, or Ineligible Participants, and the General Services Administration's Consolidated List of Debarred, Suspended, and Ineligible Contractors prior to being authorized to participate on this project. Any Sub-tier Contract(s) resulting from this contract must contain the same contractual language as the original contract. Pursuant to the provisions of Section 1773 of Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work is this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 11. TIME OF THE FSSENCF. Time is of the essence in this contract. 12. INDFMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRA. CTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. CONTRACTOR shall hold the County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or Sub-contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, CITY, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any such alleged acts or omissions. 13. ~RATUlTIFS. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFIICT OF INTFRFST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACT CA-4 R:~CIP~RO J ECT$\PW97 ~:~/~7 -09~CONTRACT.D 0 C CONTRACTOR'S AFFI!3AVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF ! ABOR DISPUTFS. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 17. ROOKS AND RFCORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18. INSPFCTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 19. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20. ROVERNINR ! AW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 21. Aria R!=C)UIRFMFNTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. CONTRACT CA-5 R:~CII:~RO J ECTS%rRN97~NV97-09~CONTRACT.DO C 22. WRITTEN NOTICF. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: MOD CRAFT, INC. 1730 PRODUCTION CIRCLE RIVERSIDE, CA 92509 By: Print or type NAME Print or type TITLE DATED: CITY OF TEMECULA APPROVED AS TO FORM: By: Patricia H. Birdsall, Mayor Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-6 R :~CII~=ROJ ECTS~N97 ~:NVe7-Og\CONTRACT.DO C ITEM 5 APPRC~VAL )~ CITY ATTORNEY FINANCE DIRECTOR GENERAL MGR _~ TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: Community Services Board of Directors FROM: Ronald E. Bradley, General Manager DATE: October 7, 1997 SUBJECT: Completion and Acceptance of the Sports Park Creek Restoration Project, Project No. PW95-10CSD PREPARED BY: Shawn D. Nelson, Director of Community Services Don Spagnolo, Principal Engineer - Capital Projects Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors accept the construction of the Sports Park Creek Restoration Project, Project No. PW95-10CSD, as complete and direct the City Clerk to: 1. File the Notice of Completion and release the Performance Bond, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On April 23, 1996, the Board of Directors awarded a contract for the construction of the Sports Park Creek Restoration Improvements - Project No. PW95-O9CSD, to R.K. Allen Landscape Construction for $195,059.00. The contract included the re-vegetation and stabilization of the slopes within the flood control channel at the Rancho California Sports Park. The portion of the creek that was restored lies south of Rancho Vista Road between the Community Recreation Center and the Skate Board Park. The improvements included landscaping along the channel slopes, slope protection, a walkway along the north channel bank adjacent to the existing baseball fields and underground drain lines beneath the ballfields to reduce surface ponding. On September 25, 1996 the Contractor completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Community Services. The contract required a Maintenance Bond in the amount of 10% be posted with the Clerk for a period of one (1) year. The Contractor had failed to provide the required Maintenance Bond and consequently the City has withheld the 10% retention monies for one year ending September 25, 1997 to address expenses normally provided by the contractor under the Maintenance Bond. Now that all of the construction requirements have been addressed the construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. r:\agdrpt\97\1007~pw95-10.acc FISCAL IMPACT: The contract amount for this project was $195,059.00. Contract Change Orders No. I and No. 2 were approved by the City Manager in the amount of $960.00. This project was funded by Development Impact Fees for Parks and a $100,000.00 grant from the State Department of California Water Resources. Attachment: 1. Notice of Completion 2. Contractor's Affidavit r:.\aodrpt\97~1007\pw95-10.acc ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE DIRECTOR ~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: October 7, 1997 SUBJECT: Easement Agreement with Pacific Century Homes to Construct Improvements on Winchester Creek Park PREPARED BY: Phyllis L. Ruse, Development Services Administrator RECOMMENDATION: That the Board of Directors approve the Easement Agreement to Allow Construction of Slopes and Drainage Facilities with Pacific Century Homes. BACKGROUND: Pacific Century Homes ("Pacific") is the owner of the property immediately adjacent to the eastern boundary of the Winchester Creek Park site in the unincorporated County. Pacific is currently preparing to begin the construction of their residential project on this property. The topography of the park site and the development property is such that both projects may be substantially benefitted by cooperation in slope and drainage facility construction. Pacific has approached the City with a request to grade a 4-to-1 slope from their property onto the .park site. This grading will provide more usable pads for Pacific while producing more useable park land for the City. The proposed slope will provide a gentle down slope into the park as opposed to a 2-to-1 slope away from the park. Pacific will install a $30,000 drainage facility system to collect and drain their project's run off and nuisance flow through the park site to the storm drain at Margarita Road. -This facility will benefit both properties by providing drainage for Pacific's development while eliminating surface run off, reducing the use of concrete and swale drainage facilities, and reducing the amount of fencing required in the park. This will result in a substantial cost savings to the City and provide an overall better park design. Pacific anticipates they will be ready to begin grading operations by mid-October and should be completed within approximately two months. The City plans to go out to bid on the Winchester Creek Park project in November and begin construction in January, 1998. Both projects should be accomplished without any timing conflicts. Pacific will be required to have all improvement plans relative to the park site approved by Public Works and the finished work will be inspected by the City. In recognition of the mutual benefits to be derived from this project, the City will bear the first $4,000 in permit, plan check and inspection fees. Costs incurred above this amount, if any, will be borne by Pacific. FISCAL IMPACT: Pacific will install a $30,000 storm drain system and additional slope improvements on the park property. The City will absorb up to $4,000 in revenue for plan check, inspection and permit fees. The City will experience a savings of approximately $10,500, in reduced fencing and drainage facility costs. Attachment: Agreement RECORDED AT REQUF~T OF AND WHEN RECORDED RETURN TO: City of Tem~odo 43200 B, tsiness Park Drive Temeeu~a, California 92~90 ATTN: June S. Greek, City Clerk EIIiIMFF FROM RECORDER*S FEES pursuant to Government Code Sections 6103 and 27383 EASEMENT AG~ TO ALLOW CONSTRUCTION OF SLOPES AND DRAINAGE FACH~rrIES (WINCHESTER CREEK PARK) ~ EASEMENT AGlal~.I~iENT is made and effective as of October 7, 1997 by and between the City of Temecula ("City") and Pacific Century Homes ('Pacific"). In consideration of the mutual benefits and covenants set forth herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which the parties hereto each acknowledge and agree are true and correct: a. City is the owner in fee of that certain real Frol~ty consisting of appro~'nately 4.5 acres g~m~rally located on Margarita Road in the City of Temecula, County of Riverside, and designaed as W'~ Creek Park and which is legally described and depicted on Exhibit A., Legal Description of City ~ ('City b. Pacific is the owner in fee of that certain real prol~t ty consisting of a~y 23.2 +/- acr-~ generally located adjacent to the City l~)lX.,ty on Margarita Road in the unincorporated area of Riverside County and which is legally described and depicted on Exhibit B., Legal Description of Pacific Property ('Pacific c. The Pacific Pro/r.,ty is adjacent to the City 1~o0c, ty. d. Pacific desires to obtain an easement from City to allow Pacific to grade a portion of the City Property and construct new slopes in conjunction with the grading and construction of slopes and building pads on the Pacific Property. Padtic desires to obtain a license from City to construct a drainage facility upon the City l~opoty which will ~ both City Property and Pacific Property. e. Both parties agree that each will receive substantial benefits from the easements granted pursuant to this Agreement and the construction of the improvements pursuant to ~ Agreement. The parti~ further agree that sufficient consideration exists for the covenants set forth in this Agreement and that such consideration has been received by each party. 2. Grnnt of F-~.m~nent T.ieen~e for g10i~ nnd Grndi~. City hereby grants to Pacific a non-exclusive easement to grade a portion of City Property and to construct certain slopes thereon as generally described and depicted on Exhibit C., Description of Grading and Slope Construction on City P~tol~aty, at its sole cost and expense for the benefit of the Pacific Property and subject to the terms of this Agreement ('Slopes'). City hereby also grants to Pacific a license to enter upon City Property for the purpose of grading and constructing said slopes, subject to the terms of this Agreement. Upon final acceptance of the slopes by the City Council as provided in this Agreement, City shah maintain the slopes in accordance with the provisions of Exhibit C. at its sole cost and expense. 3. Grant nf Lir~n.~- for ~on~lT-efinn og Dr~in~ Fneility. City hereby grants to Pacific a license to enter upon City Property for the purpose of constructing a drainage facility over, under and through a portion of City Property as genentlly described and depicted on Exhibit D., Description of Construction of Drainage Facility on City P~ol~rty, subject to the terms of this Agreement ('Drainage Facility'). 4. ]~,~nntion of NTml)rovPment'~.N The siopes and drainage facility to be constructed on the City Property and the regrading of the City Property as desoribed in Sections 2. and 3 and Exhibits C. and D. of this Agreement may be referred to collectively as the "Improvements." $. ~ of Tnll}rovPment~. Pacific shall, at its sole cost and expense, design the Improvements and prepare plans and speci~ons for construction in accordance with the standards of the City, Riverside County Flood Control and Water Conservation District and such other governmental entities as may have jurisdiclion with respect to the design of the Improvements as well as generally accepted engineering standards and practices u 't~v2xi by engineers engaged in designing similar improvements in the area. Pacific shall submit the plans and specifications for the Improvements to the Director of Public Works, or his/her designee, for approval prior to the commencement of work on the Improvements. 6. Cnmm~ne~n~nt nf Worb on Inq}rov~m~nt~. Pacific shah commence work on the Improvements on or before November 1, 1997 and shah diligently proceed with the work until completed. The Improvements shall be completed on or before February 1, 1998. Pacific understands, acknowledges and agrees that commencement of work on the Improvements by this date is crucial to the City's work in constructing the improvements to Winchester Creek Park which will be constructed on City Property and if the work on the Improvements does not commence by the commencement date, City will need to proceed with its work on Winchester Creek Park and will not be able to allow Pacific to use the City Property as contemplated by this Agreement. Accordingly, in the event Pac/fic does not commence work on the Improvements on or before November 1, 1997, City may terminate this Agreement and the easement and license granted herein. 7. P~rformnne~ ~,nd Pqy~nt ~q~.ri~ for 1niprove,merits. Pacific shall at all times guarantee Pacific's perfonnnnce of this Agreement by furnishing to City, and maintaining, good and sufficient security through either a cash deposit or a letter of credit on forms approved by City Attorney for the purposes and in the amounts as follows: a. To assure faithful performance of this Agreement in regard to the Improvements in an amount of one hundred percent (100%) of the es,imnted cost of the Improvements; and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed .or installed pursuant to this Agreement in the additional amount of fifty percent (50~) of the estimated cost of the Improvements; and c. To guarantee or warranty the work done pursuant to this Agreement for a period of one year following ~ce thereof by City against any defective work or labor done or defective maledab furnished in the additional amount of ten percent (10~) of the estimnte~ cost of the Improvements. d. The performance and labor and n~terin! securities shall be released upon the final acceptance of the Improvements by the City Council and the no claims on the security have been made or threatened. ln.ql~etion ~nd Aeee, i}tnnee of lnlprovm~e. nt~. City shall inspect ~nd accept the Improvements in accordance with the following procedures: a. Pacific shall obtain City inspections of the Improvements and the inspections by Riverside County Nlood Control and Water Conservation District on the Drainage Facility and such other governmental entities as may have jurisdiction concerning the Improvements in accordance with the City standards referenced as part of the approval of the plans and spedficafions. Upon completion of the Improvements, Pac/fic shall request a final inspection by the Director of Public Works, or his or her designee. If the Director of Public Works or his or her designee, determines that the work has been completed in accordance with this Agreement avA approval of final inspection has been made by the Riverside County Flood Control and Water Conservation District on the Drainage Facility, then the Director of Public Works shall notify Pacific that the Improvements are complete. b. Pacific shall continue to maintain the slopes and the erosion control measures required by the City slandards for a period of ninety (90) days after the Director of Public Works has notified Pacific that the Improvements are complete, or when the City commences with grading improvements to the slope area, whichever comes first. c. The City Council shall accept the Slope and Grading Improvements upon finding that the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. The City Council shall accept the Drainage Facility upon finding that all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Such acceptance shall not constitute a waiver of defects by City. Upon acceptance by the City Council, all Improvemeats on the City Property shall become the propoty of the City. d. City shall bear all costa of plan check, permits, inspection and certification. of the Improvements of four thousand dollars ($4000.00) or less. Pacific shall bear all costs of inspection and certification of the Improvements in excess of four thousand dollars ($4,000.00). 9. lnlprov~,men~ Wnrr~nty Period. Pacific shall guarantee the work done pursuant to this Agreement for a period of one year after final acceptance by the City Council of the work against any defective work or labor done or defective materials furnished. If within the warranty period any work or part of any work done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Pacific for the Improvements fails to fulfill any of the requirements of this Agreement or the Improvement Plans and specifications referred to herein, Pacific shall without dehy and without any cost to City, repair or replace or reconsuuct any defective or otherwise unsatisfactory part or parts of the work or sUucture. Should Pacific fail to act promptly or in accordance with this requirement, Pacific hereby authorizes City, at City's option, to perform the work twenty (20) days after mailing written notice to Pacific and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Pacific can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Pacific shall pay to City the cost of such repairs. 11. R~'~londbi!ity for Dnmq~,e to CP~ PrQi)ert~y. Pacific shah not alter or damage City's properS, except for those arens to be affected by-the use permitted by this Agreement, and then only to the extent that such alteration or damage is reasonably neces~ry to accomplish the permitted uses. Pacific shall return any propoty of City altered or damaged by Pacific to the same or better condition as existed prior to the entrance of Pacific thereon, subject to final approval of the Director of Public Works. 12. R,,sponsihillty for Ohtninlng PermitS; C. ompllnnee with Pacific shall have the sole responsibility for obtaining any and all permits from any and all regulatory agencies having jurisdiction which may be nece~,ary, before commencement and during the existence of any of Pacific's activities, or the activities of Pacific's contractors on City's propoty. Pacific shall perform its obligation under this Agreement in accordance with all applicable federal, state, and local laws, regulations and ordinances. 13. Proh~ition of !.ien~ on Cit~v Prol~rty. Pacific expressly acknowledges that nothing in this Agreement shall authorize Pacific, or any person dealing with, through or under Pacific to subject any the City Pfopc~ty to mechanic's liens, stop notices or other liens. Pacific agrees to indemnify, hold harmless and defend City from any claim, liability, loss, damage, cost or expense, including attorneys' fees, which City may incur or which may be asserted by reason of any entry or work on or in relation to City's property through or under Pacific. Pacific agrees not to permit or suffer and, to the extent permitted or suffexed, cause to be removed and telcased, any Inecharti¢'$ liell, matei'ial~'$ or other liefi on account of supplies, machinery, tools, equipment, labor or materials furnished or used in connection with the entry or work upon or in relation to City's ~. Pacific hereby agrees to furnish to each and all of its agents and contractors who are to enter upon City's property pursuant to this Agreement with a copy hereof. 14. Ind,mlnifleation. Pacific shall defend, indemnify, protect and hold free and harmless the City, its officers, agents, and employees from any and all obligations, claims, liability, liens, damages, demands, costs or causes of action whatsoever in any way due to or arising out of entrance upon or use of City Property, or the conduct of activities thereof by Pacific, its agents, servants, contractors, employees and invitees, whether meritorious or not. 15. ln~nrnne~. Pacific shall procure and maintain for the duration of the easements granted pursuant to this Agreement, insurance against claims for injuries to persons or damages to propeaty which may arise from or in connection with the performance of the work hereunder by the Pacific, its agents, representatives, or employees. broad as: Minimnm ~clal~e of ~n~nmn~e. Coverage shall be at least as (1) Insurance Services Office Commercial General Liability corexage (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. be Minimnm !.imi~ of ln~nrnnee. Pacific shall maintain lintits no (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and propc, ty damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. rJ~netlh]es nnd Relf-lnm~r~! R~.t~tlon.s. 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 Pacific shall procure a bond guaran2ming payment of losses and related investigations, claim admires' tration and defense expenses. d. Other Insnrnnce Provisions. The general liability and automobile liability policies are to contain, or be endorsed to conlain, 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 Pacific; products and completed operations of the Pacific; premises owned, occupied or used by the Pacific; or automobiles owned, leased, hired or borrowed by the Pacific. 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 Pacific's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shah be excess of the Pacific'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 Pacific's insurance shah apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurcr's liability. ($) F. ach insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by written notice by certified mail, return receipt requested, has been given to the e. Acceptability of lnm,rers. 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. Verifi~tion of Coverage. Pacific shall furnish the City with o 'nginal endorsements effecting coverage required by this clause. The endorsements arc 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 Pacific's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 16. R~lort~ ona lnform.fion Ahont OiLy PrQl~rty. Copies of any and all written information and reports relating to City's propcat~ produced as a result of Pacific's exercise of the rights herein granted, shall be furnished to City as soon as available. 17. 1 ~nlt*fion of ITse of City Property. Pacific's activities on the City Propct~ shah be limited to the purposes set in this Agreement and Pacific shall strictly limit its activities to the City P~opoty to such purposes. Pacific shah ta~ the necessary actions to assure that the unauthorized entrance to or use of City Property by anyone other than Pacific, its employees, invitees, guests, contractors and their employees does not occur. Pacific, shall at all times keep all gates to City Property closed and secured, except for necessary entry to perform operations in accordance with the terms of this Agtcemont. 18. l~ln~s.don~ g,hs+nne~. Pacific agrees that Pacific, its employees, agents, servants, contractors and invitees shall not discharge hn~rdotm or tozic substances on City Property, shall not engage in clean-up or repair activities on City P~ot, c, ty, which will result in the discharge of such substances, and shaH, upon completion of all of Pacific's activities, remove all supplies, materials and waste remaining on City l~opo ty which, ff exposed, could result in the discharge of such substances. 19. Cnn~!Ione~ with City'Rnlp~ for l~se nf Ciqy Prollerty. Pacific's use of City fTOl~ty pursuant to this Agreement shah be subject to reasonable rules and regulations as may be prescribed by City's representative, including, but not limited'to, such matters as location and storage and disposal of equipment and materials, and protection of property, structures and other things of value. 20. Mnintennnee R~mn~ihillti~. Pacific shall, during the term of this Agreement, have the obli~._~afion to maintain the City Prope~ in a clean, neat and orderly condition and shall comply with all local governmental maintenance requirements. 11. I ~! Rc, medi~. Each party shall have all remedies as may be allowed by hw or equity to enforce its rights in this Agreement. No legal action shall be filed by one party against the other party until such time as the other party has received not less than thirty (30) days prior written notice of the default which reasonably explains the nature of the default. Any such action shall be filed in Riverside County, California. The prevailing party in a court action shall be entitled to reasonable attorney's fees and costs. 22. Noti've. Any notices which either party may desire to give to the other party under this Agreement mu~t be in writing and may be given either by (i) Im'sonal 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 (fii) mailing inthe United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Pacific: Pacific Cenu~ Homes 40925 County Center Drive, Suite 110 Temecula, California 92591 23. For~, M~je-re. Changes in local, state or federal laws or regulations, floods, earthquaY, delays due to milces or other labor problems, moratoria enacted by any other governmental entity or agency, injunctions issued by any court of competent jurisdiction, the inability to obtain materlnls, civil commotion, fire, intrag~intlc invasion, acts of God, or other circumstances which substantially interferes with the consUucfion of the Improvements or which substantially interferes with the ability of any of the parties to perform its obligations under this Agreement shall collectively be referred to as 'Events of Force Majeure.' If any party to this Agreement is prevented by an Event or Events of Force Majeure from performing its obligation under this Agreement, then on condition that the party claiming the benefit of said Event(s) of Force Majeure (a) did not cause said Event(s) and (b) said Event(s) was beyond said party's reasonable control, the time for performance by said party of its obligations under this Agreement shall be extended by a number of days equal to the number of days that said Event(s) of Force Majeure continued in effect, or by the number of days it takes to repair or restore the damage caused by said Event(s) to the con&tion which existed prior to the occupance of said Event(s), which ever is longer. The party claiming the benefit of an Event of Force Majeure shall notify the other party of the existance of the Event of Force Majeure and the estimated time of claimed as a result of such event withing ten (10) days following the event. 24. A~g~m'-nt Prohibitca. Pacific shall not assign its obligations under this Agreement, nor any part thereof, without prior written consent of the City. 2~. C-ovennn~ Rnnni~ With !~nd. Of the ~ovenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land for the benefit of both the City P~o~ty and the Pacific P~ol~ty, and shall be binding upon the successors and assigns of the parties hereto. 26. Inv -~tion of Condition~ of City Pro~rty. Pacific ~B ~d ~n~ m ~e ~ ~t it ~ ~y ~v~fi~ ~ s~ ~ subs~ ~fi~s of ~ Ci~ ~ ~d ~ ~ ~ ~~ ~ ~nd~ such g~c ~d ~s ~ ~ it ~ n~ m d~ ~e Im~cm~ ~d ~c ~um~ ~ ~n~b~W for ~mpl~g ~ ~pmvemm~ ~ ~ ~mt ~~ s~ or subs~ ~fi~ m ~ ~~. 27. C. on~'-'nt of g. ntiti~ with ~gecnrity lntert~_. Pacific watTants and represents to City that the entities described on Exhibit E., if any, hold an interest or security interest in the Pacific P~opfaty which has been recorded prior to this Agreement and that each such entity has executed a consent to _this Agreement which is attached hereto. 28. l~hth#,. The following exhibits are attached to this Agreement and incorporated herein as though set forth in full: a. Exhibit A. Legal Description of City Property b. Exhibit B. Legal Description of Pacific Property c. Exhibit C. Description of Grading and Slope Construction on City Pmper~ d. Exhibit D. Description of Construction of Drainage Facility on City Pmpet~ e. Exhibit E. Entities Holding a Security Interest in Pacific Propexty and Copies of Consent to this Agreement 29. Amenament. No provision of this Agreement may be mended or added to except by an agreement in writing. //// IIII IN W1TNESS WHEREOF, the parties hereto have executed this Agreement ns of the date first written above. CITY OF ~ Pauicia ~ Mayor ATTEST: JuneS. Greek City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney PACIFIC CENTURY HOMES, INC., a California Corporation Title: By: Name: ALL-PURPOSE ACI(NO~~ State of California County of ,1997, before me, , personany [] [] p~sonally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heYshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the insU'umem the person(s), or the entity upon behalf of which the person(s) ~, e~ecuted the instrument. Witness my hand and official seal. SIONATUI~ OF NOTARY [] [] U~/DrvUDU~S) orrI~(s) ~S]): CAPACITY CLAIl~ BY SlGNNJ~ [] [] [] [1 [1 PARTNER(S) ATTORNEY-IN-FACT TaUS~'u<S) ~ERSON~YOR SIGNER IS REPRF~ENTING: EXHIBIT A LF_~AL DESCRIPTION OF CITY PROPERTY .08/0S/B7 TOE 15:29 FAX 909 274 3630 FATCO-It ESCROW I.£nA!. I'J ir_rd~..,.R I lyrj t"),J~ PARKSITE LOCATION F,~IIIRIT 'A" THAT CERTAIN PARCEL OF lAND SITUATED IN 11'1E CITY OF TEMECULA, COUNTY. OF RIVE]L~IDE, STATE OF CALIFORNIA, $EING A PORTION OF LOT ~,TOG~"[HER WITH THOng I'ORTION~ OF VACATED DATE ~TREE. CHERRY STREET. AND JOHN JAY AVENUE ADJOINING SAID LOT), ALL AS SHOWN BY MAP OF THE TEMECULA L AND AND WATER COMPANY ON FILE IN BOOK, PAGE 339 OF MAPS. RECORDS OF SAN DIE,,~O COUNTY, CAUPO~NIA; EXCEPTING THAT POII, TION i.YIHG SOUTLIWF. S'TERLY OF THE NORTHEASTERLY ONE O~ MARGARITA ROAD ( I J0 FEET WIDE). B~NG MOIRE PARTICULARLY DF._qCRUIED AS A~NG ~E~E~LV UNR~ SAID LOT S~H ~31 ~ 4~.~ F~ ~ ~E ~E~V U~E ~ MARGARITA ROAD (I 10 ~ WIDEI: TH~CE ~THW~LY ALO~ ~ID N~~LY ONE OF MARGARITA ROAD ~RTH 42"~'~' W~iN~TH D~I~RA~N ~ D~A~OH, RECORdeD JULY 3, 19?4 AS INSTRUM~ NO. I]31T OF C~AI. ;:EC~D$ OF RIV~SIDE COUNTY). 3~. I ] FE~: THENCE. L~NG SAID NORtheRLY LINE OF MARGARITA ROAD. A~G A LINE PARAL~ 'Wl~ THE S~TH~LY UNE OF ~ID ~$T 503.12 F~ ~ T~ NOR~ERLY I.I~E ~ SAID LOT I~; THENCE ALOK~ ~AID I.~ IJNE SO~ 41 ~'N' EA~ ~.07 F~ TO THE ~NT OF SAID PORTION CONTAINS AN AREA OF 196,014.92 SQUARE FEET (4..~ ACRES). PORTIONS OF JOHN JAY AVENUE AND CHERRY STRF_ffr WERE VACATED llY THE RIVERSIDE COUNTY BOARD GF SUPERVISORS DY RESOLUTION NO. 74-3~3 RECOIU)F.D AS INSTRUMF. NT hq:). 411. RECORDED JANUARY 2. I975. Ih~=I.UDING THOSE PORTIONS WITHIN '11~F. SL:I)JECT PARCEL. 1~115 ACTI(~I ALSO RFL~I~VED AN I;.AS!~I£NT IN EACH OF THF. VACATED R~AU$ Iq:)R ANY IL~CISTINO PUfiI.IC UTII.ITY OR PUBLIC SERVICE FACILITY, BASIS Oi: Ii~ARIN(;S: LOT LINF.~ AS SHOWN ON TRACT MAP NO. 2.1.1611 AS FILED IN ~OOK 21S OF MAPS. AT PGS I.$ INCL., AKD CENTERUlIE OF MARGARITA ROAD A~ $1lOWN ON RECORD t'H: ~;URVI{V FILED IN ir~OK tO0 OF RECORDS OF SURVEY, AT ~ g-12 INCl.,, II()TH RI;COR~F.'O I.~ THF. OFFICE OF~'HF. COUNTY ('l(l~,Pa LI;/,aAI.S PAkKtl'rfr. F:.%A N ,! ,08/05/97 TUE 15:30 F,I~ 909 274 $630 FATCO-R ESCROW LEGAL DF~CI~IPTI~.~ PARI~ITE '..OCA'rlo.x . '5' r EXHIBIT B LEGAL DESCRIFFION OF PACIFIC PROPERTY ~TT B TRACT NO. 23246-1 PROP~RT~ nESCRIPTIOH Parcel 1: That potdon of Lot 179 of the Murdem ~on of the T~ ~, as shown by Map of the Temec-ula Land and Water Company on file in Book 8, Page 359 of Maps, desoribed as follows: BEGINNING at a point on a Ibm parallel to snd d'mlant 660.00 fee{ dista~ Southwesterly idong s~Jd parallel line, I~O.00 feet Irom its intemec, tion with the centedine of Hamilton Avenue; THENCE Nor~ along a line pamllermg the centerline of Hamilton Avenue to THENC~ Northo~te, ly along 1tin oenterlirm of Date Street., 330.00 feel to n point; the POINT OF BEGINNING; TOQE'I14ER WITH a porlk3n of Lot 179 of 1he Muniela portion of the Teme~ula Rancho as shown by Map of the Temec'ula Land and Water C.,ompa~ on Me in Book 8, Page 359 of Maps, Recorc~ of San Diego County, Califom~ with 1hose portions of Hamilton Avenue and Dale b"Ireet described a~ follows: BEGINNING at the int~ of the cent~ine of Hamilton Avenue with the oemadkm of Date Stmet as shown on said map; THENC~ ,.qocdJ~ ;,~ t mtv on the oentedine of Hamiltrm Avenue, eeo. oo ~ ~ oeme,&m ol Dam Stree~ BEGINNING; EXCEPTING that i:.:xtion of Lot 179 of the MunMta portion of the Temecula Rancho of Main, Recordsof,SanDiego Coumy, wie, taraore of BEGINNING at the intersection of the canterline of Hamilton Averse with the centerline of Date Strem as shown on said Map; THENCE South 47" 52' 01" West along Ihe centerline of Date Slreet, a d~ of 643.33 THENCE SQUTI-i 42' 07' 69' East, a distance of 317.86 fee~ to the beginning of & tange~ THENCE Southeaster/along said curve through a ~za] angle of 20~ 38' 44', an arc THENCE North 2-~ 13' 17" East, a distance of 79.78 ~ ~ the beginning of a tangent curve (x)ncave Soulfmeste~y, having a radius of 1000.00 feel; THENCE Norlheaste~ along said curve Ihrough a central angle of 20· 59' 55', an arc ~HENCE North 48' 13' 11' East, a dista~ of 121.34 feet to a point on the cente~e of Hamilton Avemm; THENCE Norlh 42' 01' 22' West along ~e centerline of Hamillz)n Aver~ue, a distance of 640.27 fee~ to Ihe TRUE POINT OF BEGINNING. Parcel That potion of Lot 179 of the Mu~ieta portion of ~ Temecula Rancho, as shown by Map of the Temecula Land and Water Compar~ on ~le in Book 8, Page 359 of Maps, Records of San Diego County, California, together wilh those potlions of John Jay Avenue and Date Stme~ deec~ed as'a whole as follows: BEGINNING at a point on a line pamJlel with and distartt 660.00 feet Northwest~ from lhe centali~ of Cheny ~ as shown by said map, said point of beginning being distant Soulfa~m~erly on said line, 990.00 feet from its interse~on with Ihe cereerline of Hamiltc~n Avenue; ,John Jay Avenu~ THENCE No~esta~y, o~ the centerline of John Jay Avenue, to its Interaction with cerm~.~e of Date S~e~ Avenue; THENCE ~xjI)'~dy, on a line parallel with the ~ine of Hamilton Averrue, to POINT OF BEGINNING. Parcel $:. That ~ of Lot 179 of the Munieta portion of the Temec'ule Rancho, as shown by Map of the Temec~Jla I. end and Water Company on tile in Book 8, Page 359 of Maps, Records of San Diego Co~,/, California, togelher with that portion of Chain/Street described a~ a whole as follows: 2 BEGINNING m a point on the .centerline o! Oheny ~ 8~.00 feet 8outhwestedy from its intmsection wi~ the centedine of Hm'naton Avenue: THENOE No~avame~, parallel with the cen~edine of Hamilton Avenue, 0~.00 ~,.~, THENOE ~3utheastedy, parallel ~ ~ canOedine of Hamilton Avenue, ISIS0.00 ._~*~ to ttm (x. ~x~li~e of Chgrry ~re~t; BE~NNING. Pamel 4; That periion of Lot 179 of the Mun~ portion of lhe Temecula Rancho, as shown by Map ofthe Temec=Jla Land and Water Company on ae in Book 8, Page a59 of Maps, Rec:c~ls of ~ Diego County, Galilon'~a, together ~ that portion of Cheny .~Ireet descal;md as & whole as foltow~. I lemilton Avenue;, .- THENCE Nonhwos~ly along a line paralleling the eenmdine of Hamilton Avenue 080.00 feet to a point; THENCE ~Southwe~tedy along a line pamJl~g the centerline of Cherry b"~e-eet 330.00 feet to a point; THENCE Southeastedy elong a line paralleling thn cerRmline of HamEton Avenue 6~0.00 feet to a point in the centerline of Cheny Street; BEGINNING; BEGINNING at the ka'el'l~'tJo~ o{ h'm oenterlines of Job1 Jay Avenue and Ca'laiTy b'U'eet as shown by aaid Map; im Ihe TRUE POINT OF BEGINNING; fern to a point; to a potnt; THENCE ,.~outheastedy along a line paralleling the centm4ine of John Jay Avenue 660.00 to the POINT OF BEGINNING. 3 panel 5: Avenue; THENCE Nmttw,,estedy aJong a line paralleling the centerline of Hamilton Avenue 330.00 feet to a point; THENCE Souttwvestmly along n line paralleling the ca~te.iine of Cheny Street to a point THENCE Southeasterly on the centerline of John Jay Avenue 330.00 feet to its intemec'tion with the centerline of C31mly Street, to Itm POINT OF BEGINNING. Parcel 6: · That portion of Lot 179 end John Jay Avenue of .the Munleta portion of the T~ 8, Page 359 of Maps, Records of San Diego County, California, described as Ioilows: BEGINNING at a point on a line parallel with and 660.00 feet Northwest of Ihe centerline of Cheny Street, as shown on said Map, said point of beginning being Soueaeestedy on said parallel ~e 990.00 feet from Its imersection with the centerline of Hamilton Avenue; THENCE Soultr, vestedy, parallel with the centerline of Cheny Street, to the centerline of John Jay Avenue; THENCE Sotatmastedy, on Itm centerline of John Jay Avenue, 330.00 feet; THENCE Noremaea~, paraael with the centerane of Chem/Stree~ :~30.oo ~ BEGINNING. Pamel ?: a whole as follows. BEGINNING at st point in the cergedh'm of Cherry b"treet distant Southwesterly thereon 330.00 feet from its intemee6~ wfth the*centana of Hamilton Avenue; THENCE Nmlhwe~afy along a line paranel with the centerline of Hamilton Avenue, a by document recorded Ootol:mr Z, lg30, in Book 877, Page 25g of Deeds, Records of 4 18. 1928, in Book 7b'7, Page 372 of Deeds, Recxxds of Riverside County, Cal~n'~ THENCE Soulhea~tady INmallel ~ the centMline of H~ Avenue, a distartce of THENCE No~fte~y along the c~,lerlirte of Cheery ~treet, a distance of 330.00 feet, more or less. to the POINT OF BEGINNING. BEGINNING at the c;, ~xli,,e Intersection of Hami!l~ Avenue and Cherry Stre~ shown on said Map of the Temecula Land and Water Company on file in Book 8, Page 359 of Maps, Reoorcls of San Diego County. Celilomia; THENCE South 48' 13' 06' West along the ce~.etline of said Cherry Street, a distance THENCE leaving said centerline North 39' 33' 24' West, a distance of 55.51 feel: to beginning ol a tangeM curve com:~e Southe~/having a radius of 580.00 feel:; THENCE Norlhwo~t~mty along the arc of said curve through a central angle of 03' 48' 55' THENCE North 43"22' 1~ West, a distance of 10.E0 feet; THENCE North 02' 25' 24' F. eat, a dlatartoe of 21.51 fee~ THENCE North 48' 13' 06' East, a distance o~ 48.11 feel:to the beginning of a tangent curve concave Weeterly having a radius of 330..00 fee~; THENCE Norlheest~ ~ the arc of said curve through a central angle of 04* 30' 29' THENCE North 48" 17' 23" West, a distance of 6(100 feet to lhe beginning of a curve THENCE Sout~ along the am of said curve through a cerarai angle of 04' 30' 29", & distance of 21.24 feet; THENCE South 48' 13' 06' West, a distance of 46.61 feet: THENCE North 85' 32' 47' Weat, a distance of 20.23 ~ '[HENCE Nodh 43" 22' 19' West, a elislance of 83.96 feet to the beginning of a tartgent - THENCE I~ along lhe arc of said ct.ne through a ~ angle of 19, 24' 24. THENCE North 62' 46' 43" West, a distance of 88.08 feet; THENCE North 17'46' 43" WMt, a distance of 19.80 feet; THENCE North 2'~ 13' 17' East, a dislance of 32.81 fee~ tm the beginning of a tangent 5 ~]T ]1 ~, by Deed recorded May 29, 1996, as Insbument No. 197410, Records of Riverside County, CaFdmr~ a California Corporation, by Dead recorded May 29, 1996, as Inslrument No. 197410, Records of Riverside County CaJifornia, desc~bed as follows. BEGINNING at the intemeclion of ~ cent~ine of I-lam~ton Avenue with the centerline of Date Strast as show~ on said map; THENCE ~)uth 47' 52' 01' West along the centerline of Date ~reet, a distance of 643,33 THENCE South 42* 07' 59" Eas~ a dL~tance of 317.86 feet to the beginning of a tangent curve concave Northeaste~ having a radius of 1000.00 leer; THENCE Southeasterly along said curve through a central angle of 20' 3~' 44", an arc THENCE Soultt 62' 46' 43' East, a distance of 65.62 feet; THENCE Nollh 27' 13' 17' East, a distance of 79.78 feet to the beginning of a tangent curve concave Soulhasst~ly, having a radius of 1000.00 feet; THENCE Nortl~erly along aaid curve through & central angle of 20' 59' 55', an arc distance of 366.49 feel; THENCE N(xlh 48" 13' 11' East, a distance of 121.34 feet to a point on lhe c~ ~te, li,,e of Harm~ Avenue; THENCE North 42' 01' 22' West, along the centerline of Hamilton Avenue, a distance of 640.27 feet to the POINT OF BEGINNING. 6 EXHIBIT C DESCRIPTION OF GRADING AND SLOPE CONSTRUCTION ON CITY PROPERTY EXHIB1T C The Pacific grading win extend approximately 150 feet west along the easterly portion of the City property. Grading will co~_~i~ of 2:l and 4:1 slope ratios to daylight and will be construction in accordance to the govemin8 al~ency requirements. EXHIBIT D DESCRIFrION OF CONSTRUCTION OF DRAINAGE FACILITY ON CITY PROPERTY EXHIBIT D Pacific will construct a storm drain line to convey flows ~om Tra~t 23246-1 to the existing culvert on the City property just east of Margatita Road. The estimated storm drain size is 36" and the pipe material is PVC specifically designed for storm drain use. EN'~'I~'IES HOLDING A SECURITY INTEREST IN PACIFIC PROPERTY AND COPIF.~ OF CONSENT TO THIS AG~ (THIS EXHIBIT WILL BE FORWARDED UNDER SEPARATE COVER.) REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD SEPTEMBER 23, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:55 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. PUBLIC COMMFNTS None given. CONSFNT CA! I=NDAR It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to approve Consent Calendar Items 1-3, with Agency Member Stone abstaining on Item No. 2. The motion was unanimously carried. 1 Minutes 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) 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. Agency Member Stone abstained. Minutes.rda~092397 -1- Aoproval of Amendment No. 1 to the "Coooerative Agreement between the Citv of Temecula and the Redevelooment 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-~1)" dated February 11. 1997 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 Interchange 15, 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 1-15/Winchester Road, Project No. PW97-03, as well as authorize the expenditure for future project costs incurred as approved by the City or Agency. RFD!=VF! OPMI=NT DIRFCTOR'S R!::PORT None given. EXFCUTIVF DIRFCTOR'S RFPORT None given. AGFNCY MFMBFR'S RFPORTS None given. ADJOURNMFNT It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to adjourn at 9:00 PM to a meeting on October 7, 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\092397 -2- ITEM 2 ITEM 25 ATTACHMENT NO. 1 RESOLUTION NO. 97- PLANNING APPLICATION NO. PA97-0161 GENERAL PLAN AMENDMENT R:kqTAFFRF~I~]I~A~?.CC 10~1~7 ~ 7 MEMORANDUM TO: Mayor and City Council FROM: Gary Thornhill, Community Development Director DATE: October 7, 1997 SUBJECT: City Council Agenda of October 7, 1997 Please find attached a revised Staff Report for Item 25 of the October 7, 1997 City Council Agenda, including corrected Resolution and Ordinance. I'm sorry if this has caused any inconvenience. cad TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director October 7, 1997 Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199) Planning Application No. PA97-0161 (General Plan Amendment) Planning Application NO. PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village 'A') - 'Temeku' Prepared By: Carole Donahoe, Project Planner RECOMMENDATION: The Planning Commission recommends that the City Council: MAKE a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and findings that a subsequent EIR is not required; 2. Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO, PA97- 0161 TO CHANGE THE GENERAL PLAN DESIGNATIONS FROM LOW MEDIUM DENSITY RESIDENTIAL (3-6 DWELUNG UNITS PER ACRE MAXIMUM) TO LOW DENSITY RESIDENTIAL (0.5-2 DWELLING UNITS PER ACRE MAXIMUM) WITHIN PLANNING AREA 2; FROM NBGHBORHOOD COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL (7-12 DWELLING UNITS PER ACRE MINIMUM) WITHIN PLANNING AREA 38; AND FROM MEDIUM DENSITY RESIDENTIAL (7-12 DWELLING UNITS PER ACRE MAXIMUM) TO LOW MEDIUM DENSITY RESIDENTIAL (3-6 DWELLING UNITS PER ACRE MAXIMUM) WITHIN PLANNING AREA 40; ALL WITHIN SPECIFIC PLAN NO. 199 (MARGARITA VILLAGE). 3. Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF w e TEMECULA APPROVING PLANNING APPUCATION NO. PA97- 0160 AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199, REDUCING THE DWELLING UNITS FROM 4,047 TO 3,922 UNITS, EUMINATING THE COMMERCIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY, ADDING AN APPROXIMATELY 12.5 ACRE PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS PARKWAY, AND REVISING ROADWAY CROSS-SECTIONS, DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE 'A' . Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CAUFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0160 AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO REDUCE THE DWELLING UNITS FROM 4,047 TO 3,922 UNITS, TO ELIMINATE THE COMMERCIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY, TO ADD AN APPROXIMATELY 12.5 ACRE PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS PARKWAY, AND TO REVISE ROADWAY CROSS- SECTIONS, DESIGN GUIDELINES, AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE 'A' Read by title only end introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED 'AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, SPECIRC PLAN NO. 199, VILLAGE A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING APfiU~TION NO. PA97-0204 'MARGARITA VILLAGE,' TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC.' Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'AGREEMENT REGARDING TEMECULA RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS' FOR TEMEKU HILLS BACKGROUND ~ener=l Plan =nd .~Decific P~n Amendments The applicant has proposed Amendment No. 3 to Specific Plan No. 199 in order to respond to the demand for family-oriented housing and community amenities within the Temeku Hills development. Overall, the proposal seeks to reduce the number of dwelling units allowed, eliminate the commercial uses at the northwest corner of Rancho California Road and Meadows Parkway, increase lot sizes, add an approximately 12.5 acre public park end update the design guidelines for Village "A." The proposed General Plan Amendment reflects these land use and density changes. Staff supports the proposed amendments because they enhance the Specific Plan end the surrounding community. neve!~0ment Agreement The applicant proposes to amend and restate the Development Agreement (DA) for that portion which covers Village 'A." The proposal updates the language of the DA with respect to the Memorandum of Understanding approved by the City Council on May 1, 1996. Additionally, adjustments are proposed reflecting the dedication of the 12.5 acre public park at the southwest corner of La Serena Way and Meadows Parkway. A copy of the proposed Development Agreement is contained in Attachment 4A. Resident ~re~n Fee Agreement In addition to the DA, a separate resident green fee agreement for the Temeku Hills Golf Course is also being proposed for Council consideration. The term of the agreement is for four (4) years with automatic one year extensions if mutually agre~ed to by both parties. The proposed agreement provides for reduced green fees for Temecula residents during the following discount periods: Winter Months (November through April) Monday - Friday: before 7:30 a.m. 10:00 a.m. to 12:30 p.m. Weekends: 10:30 a.m. to 12:30 p.m. R-mmer Months (May through October) Monday - Friday before 7:30 a.m. 11:00 a.m. to 1:30 p.m. Weekends 11:00 a.m. to 1:30 p.m. The proposed resident green fee discounts would reduce the green fees with a cart from $35 a round to $30 per round during the week ($5.00 per round/21% savings toward green fees) and from $49 a round with a cart to $42 per round during the weekend ($7.00 per round/18% savings toward green fees). In addition, the Temeku Hills Golf Course will still provide twilight rates of $25 per round after 1:30 p.m. during week days and $35 per round during weekends. Temeku Hills will also take reservations eight (8) days in advance for Temecula residents, which is one day more than advanced reservations for non-residents (7 days). Therefore, Temecula residents will be ensured first priority for the scheduled resident green fee discounts. The resident green fee discounts will be offset dollar for dollar by providing credits toward the parks and recreation component of the Development Agreement Fee. The agreement provides McMillin with an annual credit of $123,543 toward the Parks and Recreation component of the Development Agreement Fee. This credit is 75% of the maximum credit allowable during the discount periods, which takes into consideration potential non-resident play during these time frames as well as inclement weather. Even with the resident green fee agreement, McMillin is still required to construct a fully developed 12.5 acre community park, which will completely satisfy the Quimby requirement for this project. Further, the green fee credits will provide Temecula residents with greater recreation opportunities. C-orre~oonrlence The Planning Commission received and considered a letter from the to Serena Homeowners Association (LSHOA) dated September 5, 1997 (see Attachment 7). Their concern was the size and amount of slope along the to Serena portion of the Specific Plan. In response to this comment the Public Works Department staff indicated that the grading was in conformance with approved plans, and that the proposed amendment did not substantially affect these slopes. The Planning Commission considered the project and three (3) tentative tract maps on September 8 1997. The Commission unanimously approved Tentative Tract Map Nos. 23371-Revissd, 28526 and 28482, and recommended approval of the amendments to the General Plan, Specific Plan and Development Agreement by a 5-0 vote. FISCAL IMPACT The approval of the amendments are not expected to significantly change the fiscal impact of the Specific Plan No. 199 to the City. ENVIRONMENTAL DETERMINATION Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors on August 26, 1986. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts, beyond those analyzed in the previous EIR and subsequent studies, would result from the proposed project, changes in circumstances, or from new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under Califomle Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. FINDINGS P!~,,ming AI)plic=tln~t No. PA;t7-0161 In~,~a~,~ Planning Application No. PA97-0161 (General Plan Amendment) as proposed is compatible with the health, safety and welfare of the community. The project is compatible with surrounding land uses. Ultimate development of the site will be residential development in an area that is comprised of a variety of residential neighborhoods. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. R~qning Al~!bJ, tion No. PA97.01~1 (Am~mdm~mt Nn.~ t~ -~n pl~-t No. 19-~1! Planning Application No. PA97-O160 (Amendment No. 3 to Specific Plan No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the community. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) is consistent with the goals and policies of the City's adopted General Plan. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultimate development will be residential development in an area that is comprised of a variety of residential neighborhoods. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land use of the site and is consistent with the overall concept of Specific Plan No. 199. The amendment to Specific Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 202. Pl~qning AEEIic,,~ion No. PA97-0~04 (Amendrn~t ~trl Rast~ernent of neveloprn4mt Agr~ for -~emlfic P!Jq No. 199. VillqEe A! 1. The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City ordinances and Specific Plan No. 199. Attachments: 1. City Council Resolution No. 97- (Planning Application No. PA97-0161, General Plan Amendment) - Page 7 2. City Council Resolution No. 97- (planning Application No. PA97-0160, Amendment No. 3 to Specific Plan No. 199) - Page 11 a. Exhibit A - Conditions of Approval - Page 15 b. Exhibit B- Amendment No. 3 Specific Plan text - Distributed under separate cover- Page 16 3. City Council Ordinance No. 97- (planning Application No. PA97-0160, Amendment No. 3 to Specific Plan No. 199) - Page 17 a. Exhibit A - Amendment No. 3 Zone Standards text - Distributed under separate cover - Page 21 b. Exhibit B - Amendment No. 3 Summary of Changes text Distributed under separate cover - Page 22 4. City Council Ordinance No. 97- (Planning Application No. PA97-0204, Amendment and Restatement of the Development Agreement for Specific Plan No. 199) - Page 23 a. Exhibit A - Development Agreement text - Page 27 5. City Council Resolution No. 97- (Temecula Resident Golf Discount Agreement for Specific Plan No. 199) - Page 28 a. Exhibit A - Temecula Residential Golf Discount Agreement text - Page 32 6. September 8, 1997 Planning Commission Staff Report - Page 33 7. Correspondence from the La Serena Homeowners Association dated September 5, 1997 - Page 34 ][t:wrAPl~.PT~I~PA97,CC 10/7/97 a aSVSS= 7 ATTACHMENT NO. 1 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~MECULA APPROVING PLANNING APPLICATION NO. PA97-0161 TO CHANGE THE GENERAL PLAN DESIGNATIONS FROM LOW Mi~IUM DENSITY RESIDENTIAL (3..6 DWWI.L~NG UNITS PER ACRE MAXIMUM) TO LOW DENSITY RESIDENTIAL (0.5-2 DWELLING UNITS PER ACRE MAXIMUM) WITHIN PLANNING AREA 2; FROM NEIGHBORHOOD DWELLING UNITS PER ACRE MINIMUM) WITHIN PLANNING AI~EA 38; AND FROM M~DIUM DENSITY RESIDENTIAL (7-12 DWF~LLING UNITS PER ACRE MAXIMUM) TO LOW M!~IUM DENSITY RESIDENTIAL (3-6 DWF~LLING UNITS PER ACRE MAXIMUM) WITHIN PLAN~G AREA 40; ALL WITHIN SPECIFIC ~ NO. 199 (MARGARITA VILLAGE). WHEREAS, Temeku gills Development Parreefs, L.P. fried Planning Application No. PA97-0161 in accordance with the City of Temecula General Plan and Development Code; WHI~AS, Planning Application No. PA97-0161 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0161 on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WH]~,EAS, at the conclusion of the Coremism'on hearing, ~ Commission recommended approval of Planning Application No. PA97-0161; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA97-0161 on October 7, 1997, at which time interested persons had oppommity to testify either in support or opposition to Planning Application No. PA97-0161; WHIiIRF_d~, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA97-0161; R:~TAFFRP~160PA97.CC 10/1/97 cd 8 NOW, TRI~!~ORE, ~ CITY COUNCIL OF ~ CITY OF ~ DOES RF_.SOLV~, I)E~ ~ ORDER AS lOT.TOWS: Section 1. FirtdJn~s. A. TI~ City Council in appn:ndng the proposed General Plan Amendment, makes the following findings, to wit: 1. Planning Application No. PA97-0161 (General Plan Amendment) as proposed is compatible with the health, safety and welfare of the community. 2. The project is compatible with surrounding land uses. Ultimate development of the site will be residential development in an area that is comprised of a variety of residential neighborhoods. 3. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. Section 2. F.r~vironment~l Complinr~ee. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors on August 26, 1986. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts, beyond those analyzed in the prewious EIR and subsequent studies, would result from the proposed project, changes in circumstances, or from new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified ~IR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the ~IR, or new information that could not have been known at the time the FIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 3. That the City of Temecula City Council hereby appwves Planning Application No. PA97-0161 to change the General Plan designations on parcels totaling 82.4 acres R:~STAFFRF~I60PA97.CC 10/1/97 cd 9 of land from Low Medium to Low Density Resident/n! within Planning Area 2, from Neighborhood Commercial to Medium Density Residential within Phnning Area 38, and from Medium to Low Medium Density Residen~l within Planning Are 40, all within Specific Plan No. 199 (Margarita Village). Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVI~ AND ADOPTED by the City Council of the City of Temecula this 7th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC 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 Resolution No. 97-._ was duly and reg,hrly adopted by the City Council of the City of Temecuh at a regular meeting thereof, held on ~ 7th day of October, 1997, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILlV~~: COUNCIlMEMBERS: COUNCILMEMBERS: June S. Greek, CMC City Clerk R:~STAFFRPF~I60PA97.CC 10/1/97 cd 10 ATTACHMENT NO. 2 RESOLUTION 97- AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199 R:~'FAFFRI~I60!'A~.CC 10/1/0'7 cd 11 A3'~'ACI-I]~NT NO. 2 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0160 AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199, I~k'T~UCING THE DWRLI.~NG UNITS FROM 4,047 TO 3,922 UNITS, ~LIMINATING THE COMM!~RCIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIl~ORNIA ROAD AND MEADOWS PARKWAY, ADDING AN APPROXIMATELY 12.5 ACRE PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS PARKWAY, AND REVISING ROADWAY CROSS-- SECTIONS, DESIGN GUID~LrNES AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE 'A'. WH!~AS, Temeka Hills Development partners, L. P. filed Planning Application No. PA97-0160 in accordance with the City of Temecuh General Plan and Development Code; WHEREAS, Planning Application No. PA97-0160 was processed in the time and manner prescribed by State and local hw; WH]~_.A~, the Planning Commission considered Planning Application No. PA97-0160 on September 8, 1997, at a duly noticed public hearing as prescrib~ by law, at which time interested persons had an opportunity to testify either in support or opposition; WHERF_AS, at the conclusion of the Commission hearing, the Commission recommended approval of Planning Application No. PA97-0160; WHEREAS, the City Council conducted a public hearing pertaining to Phnning Application No. PA97-0160 on October 7, 1997, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA97-0160; WHERF. AS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA97-0160; NOW, THEREFORE, ~ CITY COUNCIL OF THE CITY OF ~ DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The City Council in approving the proposed Specific Plan Amendment, makes the following findings, to wit:. R:~'rAFFRF~I60PA~'/.CC 10/l/F/~d 12 A. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) as'proposed and conditioned is compatible with the health, safety and welfare of the community. B. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) is consistent with the goals and policies of the City's adopted General Plan. C. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultimate development will be residential development in an area that is comprised of a variety of residential neighborhoods. D. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land use of the site and is consistent with the overall concept of Specific Plan No. 199. E. The amendment to Specific Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 202. As conditioned pursuant to Section 3, Planning Application No. PA97-0160 as proposed, is compatible with the health, safety and welfare of the community. Section 2. l=.nvironmen~! C'-onlplinnce. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were und~ to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Slaff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff reques~ additional informnfon from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional E, IR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not R:~S'FAFFRP'~I6(~A97.CC 10/1/97 ~l 'J 3 have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 3. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA97-0160 Specific Plan Amendment No. 3 to Specific Plan No. 199 generally located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 4. The City Clerk shall certify the adoption of this Resolution. PASS~I), APPROVED AND ADOFIb'lB by the City Council of the City of Temecula this 7th day of October, 1997. ATI'EST: Patricia H. Birdsall, Mayor June S. Greek, CMC 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 Resolution No. 97-._ was duly and regularly adopted by the Ci~ Council of the City of Temecula at a regular meeting theax)f, held on the 7th day of October, 1997, by the following vote, to wit: COUNCILMEMBEr: NOES: COUNCrL~MBERS: COUNCILMEMBERS: June $. Greek, CMC City Clerk a:~r,,a,pp, mal~,A97.cc i0om7 ~ 14 EXHIBIT A CONDITIONS OF APPROVAL PLANNING APPLICATION NO. PA97-0160 AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Revised September 8, 1997 Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) Project Description: A reduction of dwelling units from 4,047 units to 3,922 units; a reduction of acreage proposed for commercial development from 13.7 acres to 6.2 acres (eliminating the commercial uses on 7.5 acres at the northwest corner of Meadows Parkway and Rancho California Road) all with Specific Plan No. 199 - Margarita Village PLANNING DEPARTMENT General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97o0160 (Amendment No. 3 to Specific Plan No. 199) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seQ., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. The applicant shall comply with all underlying conditions of approval for Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. The text of Amendment No. 3 to Specific Plan. No. 199 shall conform with Exhibit A, "Margarita Village Amendment No. 3 of Margarita Village Specific Plan No. 199," dated August 1997, or as amended by these conditions. The text of Amendment No. 3 to Specific Plan No. 199 Zone Standards shall conform with Exhibit B, "Margarita Village Amendment #3 to Margarita Village SP Zone Standards," dated August 1997, or as amended by these conditions. 5. Maintenance of common areas and slope areas shall be provided in accordance with R:~STAFFRP~I60PA~7.COA 10/1/97 cd 1 Exhibit F - Maintenance Responsibility Exhibit. o No construction shall occur within Planning Area 42 of Specific Plan No. 199 without the proponent first filing Development Plans for City review and approval, unless single family detached homes are proposed on each of the fifteen (15) lots. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment 8. The applicant shall submit the Amended Specific Plan text to the Planning Department. TEMECULA COMMUNITY SERVICES DISTRICT Community Services offers the following Conditions of Approval for the aforementioned Specific Plan Amendment for Temeku Hills: GENERAL REQUIREMENTS: The park land dedication requirement (Quimby) for the Temeku Hills Development shall be satisfied with the development and dedication of an approximately 12.5 acre community park located within Planning Area 44. (Amended by the Planning Commission, September 8, 1997) 10. The design of the community park in Planning Area 44 shall be in conformance with the conceptual design identified within the Specific Plan. The actual park size shall be determined upon submittal of the subdivision maps for the area. 11. Ballfield lighting shall be provided at the Community Park to allow for night use of the playing fields. The developer, or his successor, shall provide a disclosure to all properties adjacent to the Community Park regarding the use of ballfield lighting. 12. All proposed public park facilities shall provide for pedestrian circulation and handicapped accessibility pursuant to the American Disability Act (ADA) Standards. 13. The installation of all landscape materials and irrigation equipment for the public park sites, slope areas, parkway landscaping, and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 14. Construction of the community park, medians, and perimeter slope areas proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 15. Park facilities, and/or other recreational areas, intended for transfer to the City "in-fee" shall be dedicated free and clear of any liens, assessments, or easements that would preclude the City from using the property for public park and/or recreational purposes. R:~TAFFRP~I60PA97.COA 10/1/97 cd '~ 16. 17. 18. 19. PRIOR 20. 21. PRIOR 22. PRIOR 23. 24. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. The developer shall complete the TCSD application and dedication process prior to the acceptance of street lighting and perimeter slopes areas into the respective TCSD maintenance programs. The developer shall maintain the park facilities, slopes, and medians until such time as those responsibilities are accepted by the TCSD or other responsible party. All exterior slopes contiguous to public streets that are adjacent to single family residential development shall be maintained by an established homeowner's association until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior slopes, open space, perimeter walls, and entry monumentation shall be maintained by the homeowner's association. Slopes and landscaping adjacent to commercial development shall be maintained by the property owner, or other approved private maintenance association. Bike lanes and recreational trails shall be provided on site and designed to intercept with the City's Park and Recreation Master Plan. Class II Bike Lanes shall be completed in concurrence with the street improvements. TO RECORDATION OF THE FINAL MAP: Prior to recordation of final maps, landscape construction drawings for any respective public park, slopes, and landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. If the community p. ark has not been completed prior to the recordation of the final map for Planning Area 44, then the developer shall enter into an improvement agreement and bond for the park improvements prior to recordation of said map. TO ISSUANCE OF BUILDING PERMITS: The community park in Planning Area 44 shall be improved and dedicated to the City prior to the issuance of 608th overall residential building permit within Village A. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. I have read, understand and accept the above Conditions of Approval. Applicant Name R:~STAFFR.PT~ 160PA97.COA 10/1/97 EXHIBIT B PLANNING APPLICATION NO. PA97-0160 AMENDMENT NO. 3 TO SPECIFIC PLAN TEXT DISTRIBUTED UNDER SEPARATE COVER R:~STAFFRFI~160PA97.CC 10/1/97 cd 16 ATTACHMENT NO. 3 ORDINANCE NO. 97- AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 199 It:~TAFFRPI~I60PA97.CC 10/1/97 cd 1 7 A~AC~N~ NO. ~ ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-4)100 AMF~ING TUF~ TEXT WITHIN SPECIFIC PLAN NO. 199 TO I~r~UCE THE DWEIJ. ING UNITS FROM 4,047 TO 3,922 UNITS, TO ELIMINATE THE COMMERCIAL ACIa~&GE AT THE NORTHWEST CORNER OF RANCHO CAI2FORNIA ROAD AND MEADOWS PARKWAY, TO ADD AN APPROXIMAT'~-LY 12.5 ACRE PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MFAI)OWS PARKWAY, AND TO REVISE ROADWAY CROSS-SECTIONS, DESIGN GUIDELINES, AND DEVELOPMI:~NT STANDARDS, ALL WITHIN VILLAGE THE CITY COUNCIL OF THE CITY OF TEbIECUI~, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning laws of the State of California, and the City Code of the City of Temecula. The application land use district is hereby approved and ratified as part of the Official Land Use map for the City of Temec~fi~ as adopted by the City and as may be amended hereafter from time to rime by the City Council of the City of Temecula, and the City of Temecuh Official Zoning Map is amended by placing in affect the zone or zones as described in the above rifle. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. g. nvimnmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Ass~smcnt to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, R:wrAFFRPT~I60PA97.CC 10/1/97 cd 'J 8 noise, and lighting, staff requested additional information from the applicant. Based upon Smff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the FJR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. Finrlirga A. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the community. · B. Phnning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) is consistent with the goals and policies of the City's adopted General Plan. C. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultimate development will be residential development in an area that is comprised of a variety of residential neighborhoods. D. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land use of the site and is consistent with the overall concept of Specific Plan No. 199. E. The amendment to Specific Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 202. Section 5. This Ordinance shall be in full force and effect thirty 00) days ariel' its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a su~naty of this Ordinance and a certified copy of the full text of this Ordinance shall be pos~ 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. R:~STAFPRP~I60PA97.CC 10,'1~' od 19 Section 6. PASSED, APPROVED, AND ADOPTED this ?th day of October, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMF_,CULA 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 7th day of October, 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 7th day of October, 1997 by the following roll call vote: COUNCILMEMBERS NOF~: COUNCR.MEMBERS COUNCILMEMBERS June S. Greek, City Clerk EXHIBIT A PLANNING APPLICATION NO. PA97-0160 AMENDMENT NO. 3 ZONE STANDARDS TEXT DISTRIBUTED UNDER SEPARATE COVER ~:~ST~IVtl'T~60~A97.CC ]o~1/s7 e~ 21 EXHIBIT B PLANNING APPLICATION NO. PA97-0160 .AMENDMENT NO. 3 SUMMARY OF CHANGES TEXT DISTRIBUTED UNDER SEPARATE COVER R:~STAFFRPT~I60PA97.CC 10/1/97 cd 22 ATTACHMENT NO. 4 ORDINANCE NO. 97- AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT FOR SPECIFIC PLAN NO. 199 EXHIBIT A DEVELOPMENT AGREEMENT TEXT ATTACHMENT NO. 4 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED "AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, SPECIFIC PLAN NO. 199, VILLAGE A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING APPLICATION NO. PA97-0204 'MARGARITA VILLAGE,' TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC." THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALWORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Temeku Hills Development Partners, L. P. filed Planning Application No. PA97-0204 in accoraance with the City of Temecula General Plan and Development Code. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning laws of the State of California, and the City Code of the City of Temecula. Section 2. Environment01 Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not R:\STAFFRPTH60PA97.CC 10/6/97 cd REVISED 2Be have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 3. Findings The City Council in approving the proposed Development Agreement, makes the following findings, to wit: 1. The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. 2. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City ordinances and Specific Plan No. 199. Section 4. The City Council hereby approves that certain agreement entitled "Amendment and Restatement of Development Agreement between City of Temecula and Temeku Hills Development Partners, L. P. and UDC Homes Inc." and authorizes the Mayor to execute the Agreement in substantially the form of Exhibit A, attached hereto. Section 5. The City Clerk is directed and authorized to record the Agreement. Section 6. 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 smmnary 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. R:\STAFFRPTX160PA97.CC 10/6/97 cd REVISED Section 7. PASSED, APPROVED, AND ADOPTED this 7th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) $S I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing 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 7th day of October, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC City Clerk R:XSTAFFRPTX160PA97.CC 10/6/97 cd REVISED RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92559-9033 (Space Above Line For Recorder's Use) AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199, VILLAGE A PLANNING AREAS 33 to 38, 40 to 44 and 46 PLANNING APPLICATION NO. PA 97-0204 "MARGARITA VILLAGE" TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. UDC HOMES, INC. AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. and UDC HOMES, INC. This Amendment and Restatement of Development Agreement ("Agreement") is entered into by and among the City of Temecula, a California Municipal Corporation ("City") and Temeku Hills Development Partners, L.P., a California limited parmership ("Temeku Hills"), and UDC Homes, Inc. a California corporation ("UDC"). Temekn Hills and UDC are sometimes referred to herein collectively as "Owner." RECITALS A. Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Margarita Village Development Company (Buie-Rancho California and Nevada-Rancho California) and others and the County of Riverside, California ("County") entered into Development Agreement No. 5 recorded in the Official Records of Riverside County, California on November 7, 1988, as Instrument No. 325515 ("Development Agreement No. 5"). B. Development Agreement No. 5 encompasses a project formerly located within County approved Specific Plan No. 199 known as "Margarita Village," a mixed use subdivision, (the "Original Project"), to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, a 472 acre residential development located in a portion of Specific Plan No. 199, Village A, known as Temekn Hills Golf and Country Club (the "Project"). The balance of the Original Project covered by Development Agreement No. 5 not included within this 472 acre portion of Specific Plan No. 199, Village A, is not amended or impacted by this Agreement. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the saceessor-in-interest to the County under Development Agreement No. 5 upon incorporation of the City. Pursuant to Temeku Hills obtaining rifle to the Project as recorded in the Official Records of Riverside County, California on May 3, 1996 as Instrument No. 162332, and UDC obtaining title to a portion of the Project from Temeku Hills as recorded in the Official Records of Riverside County, California on April 18, 1997, as Instrument No. 132180, and pursuant to the provisions of Development Agreement No. 5, Temeku Hills and UDC became successors-in-interest to the "Owner" described in Development Agreement No. 5. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 5 to substitute this Agreement for Development Agreement No. 5, but only to the extent Development Agreement No. 5 pertains to the Project. E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By entering into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of Members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in this Agreement. G. The terms and conditions of this Agreement have undergone extensive review by the staff of the City, the Planning Commission of the City, and the City Council of the City and have been found to be fair, just, and reasonable. H. The City fmds and determines that it will be in the best interest of its citizens and the public health, safety and welfare will be served by entering into this Agreement. I. All of the procedures and requirements of the California Environmental Quality Act relevant to this Agreement have been met. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City ("RSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the Project. K. Development Agreement No. 5 provided for public facilities and services impact fees ("County Development Agreement Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Development Agreement Fees or RSA Fees. Consequently, after extensive study, and public input and hearings, the City has adopted a Development Impact Fee for detached units of $2,934 per unit and for attached units of $2,114 per unit. Therefore, the City is willing to reduce the County Development Agreement Fees for residential development in the Project to the level contemplated by this Agreement. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include without limitation: (1) (2) (3) (4) (5) (6) completion of vacant lots in Project; payment of signal mitigation fees; payment of library fees; payment of park fees; payment of Fire Protection Impact Fees; and payment of Street System Impact Fees. All of the fees described above are a part of, and included within, the Public Facilities Fee contemplated herein. M. The City and Owner acknowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N. 'The City Council of the City has approved this Agreement by Ordinance No. adopted on , and effective on ("Effective Date"). On the Effective Date, Development Agreement No. 5 shall be terminated and of no further force and effect as to the Project only, having been replaced by this Agreement. NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: 1. Defmitions. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1. I "City" is the City of Temecula. 1.2 "City Public Facilities Fee" is an amount established by Ordinance of City as more particularly defmed in Section 12.3 of this Agreement. 1.3 "City's Quimby Requirement" means Owner's obligation to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, as more particularly defined in Section 12.2 of this Agreement. 1.4 "County" is the County of Riverside. 1.5 "County Development Agreement Fee" means the County public facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 5. 1.6 "Development Agreement Fee" means the development agreement fee set forth in Section 12.6 of this Agreement. 1.7 "Development Exaction" means any requirement of the City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.8 "Development Plan" means the Existing Development Approvals. 1.9 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30) days following the date the City Council adopted such Ordinance. 1.10 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the Effective Date, including, without limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County. 1.11 "Existing Land Use Regulations" means those Land Use Regulations listed on Exhibit B,-attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. 1.12 "Financing District" means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et seq., as amended); an assessment district formed pursuant to Landscaping and Lighting Act of 1972 (California Street and Highways Code Section 22500 et seq. as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California Streets and Highway Code Section 10102, as amended); or any other special assessment district existing pursuant to Sate law formed for the purpose of fmancing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1.13 "Hazardous Substance" shall include, without limitation, any flammable explosives, radioactive materials, asbestos, polychlorinated biphenyls, chemicals know~x to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5(e)(2), as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic substances or related materials. Notwithstanding the foregoing, "Hazardous Substances" shall not include substances customarily used in developing, operating or maintaining developments similar to the project, provided all such substances are used, stored, and disposed of in accordance with all applicable laws. 1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and written official policies of City, governing the development and use of land including without limitation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum. height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a) The conduct of businesses, professions, and occupations; (b) Services District; Taxes, assessments and rates and charges of the City's Community (c) The control and abatement of nuisances; (d) The granting of encroachment permits and the conveyance of rights and interest which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. 1.15 "Owner" means Temeku Hills Development Partners, L.P., a limited parmership, UDC Homes, Inc., a California corporation, and any successors in interest to Temeku Hills and UDC 1.16 Development Plan. "Project" is the development of the Property in accordance with the 1.17 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.18 "Remaining Units" means all remaining residential dwelling units within the Project after the 608th such residential unit, all as more particularly described in Section 12.5('o) of this Agreement. 1.19 "RSA Fee" means the fee established by County Ordinance No. 659, adopted by City by Ordinance No. 90.04. 1.20 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1.21 "Subsequent Land Use Regulation" means any Land Use Regulation applicable to the Property adopted and effective after the Effective Date of this Agreement. 2. Interest of Owner. Owner represents that it has the fee title interest in the Property and that all other persons holding legal or equitable interest in the Property are to be bound by this Agreement. 3. Exhibits. The following documents referred to in this Agreement are attached hereto, incorporated herein, and made a part hereof by this reference: Exhibit Designation Description ho B. C. D. Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Assignment and Assumption of Development Agreement Notice From Mortgagee Fee Matrix 4. Term. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereat~er, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a f'mal judgment or issuance of the final order after exhaustion of any appeals, directed against the City as a restfit of any lawsuit filed against directing the City to set aside, withdraw, or abrogate the approval by the City Council of the City of this Agreement. 5. Assignment. 5.1 Right to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et sea_., or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temectfia Municipal Code by Ordinance No. 90-04) to any person, parmership, joint venture, fu'm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number, where a true and correct copy of this Agreement may be obtained from the Riverside County Recorder, in any grant deed or other document purporting to transfer the title or an interest in the Property during the term of this Agreement or any extension thereof. (b) Concurrent with any such sale, transfer, or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed a~eement, in the form attached hereto as Exhibit D, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferfine Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by the City, which release shall be provided by the City upon the full satisfaction by such transferring Owner of ALL of the following conditions: (a) The Transferring Owner no longer has a legal interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee has provided City with security equivalent to any security previously provided by the Transferring Owner to secure performance of its obligations hereunder. (e) The Transferring Owner has reimbursed the City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Completion of Construction. Notwithstanding Subsection 5.1, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mongaaee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such requested interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and provided further that the City will be entitled to exercise its discretion in accordance with applicable law. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form as attached hereto as Exhibit E, attached hereto and incorporated herein by this reference, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee, in the form set forth on Exhibit F,, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such notice. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contras, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thcreo? shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assigmnent by any Mortgagee in possession shall be subject to the provisions of Section S. 1 of this Agreement. The term of the Agreement shall not be extended based on the fact that a Mortgagee holds title to the Property for all or any part of the term of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. Project as a Private Undertaking~elationship of Parties. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No parmership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 9. Chang, es in Project. No change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval of the City. City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timing of Development. The parties acknowledge that Owner cannot at this time predict when, or the rate at which, the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties, it is the parties' intent to cure the deficiency by acknowledging and providing that the Owner shall have the right to develop the property in such order, at such rate, and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11. Indenmity and Cost of Litigation. 11.1 Hold Harmless. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indemnification requirement shall survive the termination or expiration of this Agreement. 11.2 Third Party Litigation Concerning Agreement. Owner shall indenmify, protect, defend, at its expense - including attorney's fees, and hold harmless City, its officers, employees, or agents against any loss, cost expense, claim, or counter-claim, complaint, or proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by any third party. City shall promptly notify Owner of any such claim, action, or proceeding and City shall cooperate in the defense. If City falls to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indenmify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 11.3 Environmental Assurances. Owner shall indemnify, protect, defend with counsel approved by City, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, lieus, liabilities, causes of action, suits, legal or administrative proceedings, interests, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action) concerning a Ha7ardous Substance or hazardous wastes at any place within the property which is the subject of this Agreement. The foregoing indemnity extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. mcmi!lin'~combined.da/1 ~.00uo~ -11- 11.4 Release. Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. 11.5 Reservation of Rights. With respect to Sections 11.1 through 11.4 herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorney's fees, upon billing and accounting therefor. 11.6 Survival. The provisions of this Section 11.1 to 11.6, inclusive, shall survive the termination of this Agreement. 12. Public Benefits. Public Improvements and Facilities. 12.1 Intent. The parties acknowledge and agree that this Agreement confers private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2 Ouimby Requirement. Temekn Hills shall satisfy its obligations to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same was incorporated by reference into the Temeeula Municipal Code by Ordinance No. 90-04 ("City's Quimby Requirement") as follows: (a) Temeku Hills shall dedicate to the City land for a fully improved park to be used for recreational purposes in accordance with the City's Quimby Requirement, in a size to be determined as set forth below, prior to the issuance of the 608th building permit for residential dwelling units in the Project. The size of the park described above in this Section 12.2(a) shall be calculated in the following manner: (i) Multiply the number of dwelling units in the Project by 2.59 (the average number of persons per dwelling unit), and then divide that sum by 1,000. (ii) Multiply the quotient obtained by the calculation in subparagraph (i) above by five (5) (the number of acres required per 1,000 people). 8536.001/090397 -12- (iii) The result of the multiplication obtained in sub-paragraph (ii) above shall constitute the size of the park to be dedicated by Temeku Hills to the City, subject to reduction for the credits set forth in Section 12.2(b) below. (b) The park described in Section 12.2(a) above shall be reduced in size by the following credits: (i) An acreage credit determined by multiplying the size of the park determined in accordance with Section 12.2(a) by twenty-five percent (25%) for the Tcmeku Hills Golf Course located within the Project. (ii) A 2.5 acre credit for Veterans Park. (ii) An acreage credit of 1.10 acres determined by multiplying the 2.2 acre common recreational facilities located within the Project by fifty percent (50%). (c) By way of example only, if the number of dwelling units in the Project is 1,449, the size of the park to be dedicated by Temeku Hills to the City pursuant to this Section 12.2 shall be as follow: 1,449 dwelling units x 2.59 persons, divided by 1,000, multiplied by 5 acres = 18.76 acre park; 18.76 acre' park, less the following credits: (4.69) acre credit (25% golf course credit x 18.76 acre park) (2.50) acre credit for Veterans Park (1.10) acre credit for the common recreational facilities (2.2 acres x 50%). 10.47 acre park required (d) Upon dedication of the land for a park as provided in Section 12.2 (a) above, Temeku Hills shall design and complete construction of park improvements thereon similar to other public parks of the same size and classification prior to the issuance of the 608th building permit for residential dwelling units in the Project. 12.3 Public Facilities Fee. In lieu of the County Development Agreement Fee, Owner shall pay the City Public Facilities Fee for residential units as follows: (a) For each detached dwelling unit, the amount of Two Thousand Nine Hundred and Thirty-Four Dollars ($2,934.00), inclusive of Street System Impact Fees ($729.00), Traffic Signal and Traffic Control System Fees ($109.00), Parks and Recreation Impact Fees ($1,611.00), Corporate Facilities Impact Fees ($222.00), Fire Protection Impact Fees ($55.00) and Library Impact Fees ($208.00). (b) For each attached dwelling unit, the amount of Two Thousand One Hundred and Fourteen Dollars ($2,114.00), inclusive of Street System Impact Fees ($511.00), Traffic Signal and Traffic Control System Fees ($77.00), Parks and Recreation Impact Fees ($1,209.00), Corporate Facilities Impact Fees ($118.00), Fire Protection Impact Fees ($42.00) and Library Impact Fees ($156.00). The City Public Facilities Fee shall be paid as provided in Section 12.8 below. Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad Central Valley, Inc. v. City. of Modesto, (1994) 25 Cal. App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to challenge the validity or amount of any such other public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the City Public Facilities Fee has been enacted by the City and applied to residential development projects in the City. Owner acknowledges and agrees that the City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project. Owner further acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, to eh_allenge the validity, amount, or application of the City Public Facilities Fee, including paying such fees "under protest" pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to summary termination hereof. 12.4 Public Facilities Fee Adiustment. The fees required by Section 12.3 above shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (a) Divide the CPI for month and year of the Effective Date into the CPI for the month immediately preceding the anniversary in which the fees are to be adjusted. Co) Multiply the quotient obtained by the calculation in sub-paragraph (a) above times the fees to be adjusted. (c) The result of the multiplication obtained in sub-paragraph (b) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees after adjustment be less than the fees set forth in Section 12.3 above. 12.5 Public Benefits and Credits. In consideration of Temeku Hills dedicating, designing and improving a public park, providing the existing Veterans Park and setting aside substantial private usable open space within the Project, all as more specifically set forth in Section 12.2 above, Temeku Hills shall be entitled to an offset against the Park and Recreation Impact Fees paid by Temeku Hills as a component of the City Public Facilities Fee for the actual costs expended by Temeku Hills for the design and construction of the park described in Section 12.2 above (as evidenced by actual third party invoices), including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Offset"). As a result of the Park Fee Offset, the Park and Recreation Impact Fees paid as a component of the City Public Facilities Fee shall be affected in the following manner: (a) Eliminated for the first 608 building permits issued to Owner for residential dwelling units within the Project; and (b) Eliminated for the number of building permits issued to Temeku Hills for residential dwelling units constructed in excess of 608 units until such time as the Park Fee Offset has been exhausted. (c) By way of example only, assuming the cost to improve the park described in Section 12.2 above is One Million Five Hundred Thousand Dollars ($1,500,000), and the Park and Recreation Impact Fee, including the Development Agreement Fee, is $1,772.10, the number of building permits in excess of 608 units to be issued to Temeku Hills for which the Park and Recreation Impact Fees component of the City Public Facilities Fee would be eliminated as a result of the Park Fee Offset is as follows: $1,772.10 park fee x 608 dwelling units = $1,077,436.80 $1,500,000 park improvements - $1,077,436.80 -- $422,563.20 Park Fee Offset $422,563.20 Park Fee Offset + $1,772.10 park fee -- 238.45 building permits in excess of 608 issued for which no Park and Recreation Impact Fees would be paid (for a total of 846.45 building permits for which no Park and Recreation Impact Fees would be paid including the first 608 building permits) 12.6 Development Agreement Fee. In consideration of the City granting to Owner the rights and benefits contained within this Agreement, Owner shall pay to the City a development agreement fee in an mount equal to ten percent (10%) of each component of the City Public Facilities Fee described in Section 12.3(a) or 12.3(b), as the same may be increased from time to time pursuant to Section 12.4 above (the "Development Agreement Fee"). The Development Agreement Fee shall be added to the City Public Facilities Fee and paid as provided in Section 1228 below. 12.7 Fee Matrix. Attached hereto as Exhibit F is a Fee Matrix showing the City Public Facilities Fee, and the individual components thereof, the credits applicable to the City Public Facilities Fee, and components thereof, and the Development Agreement Fee. 12.8 Timing. The City Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed on the Property. Collection of any and all interim Public Facilities Fees, or component thereof (or when combined with the Park and Recreation Impact Fees) paid by the Owner for all home units constructed prior to adoption of this Agreement, in surplus to those fees contained herein, shall be credited to Owner. 12.9 Other Applicable Fees. (a) Owner also shall pay all other customary and typical development exactions, for a project of this size and nature, in existence as of the Effective Date and throughout the term of this Agreement, not included in the City Public Facilities Fee, pursuant to provisions of City ordinances and resolutions in existence when paid. (b) The parties hereto agree that to the extent the applicable Stepben's Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement by both parties, those fees remain applicable to the Project. 12.10 Public Works. If Owner is required by this Agreement or any other obligation, to construct any public works facilities which will be dedicated to City or ca~y other public agency upon completion, and if required by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. 12.11 Preference. In the event the City approves, enacts or applies a City Public Facilities Fee or any component thereof, in an amount which is less than the amount(s) provided in Section 12.3 above, or if the City approves, enacts or applies a City Public Facilities Fee or any component thereof, for any other detached residential dwelling units in an amount which is less than applicable to the Project, or if the City approves, enacts or applies a Development Agreement Fee which is less than provided in this Agreement, or if the City approves, enacts or applies any other fee which serves the same or similar purposes of the Development Agreement Fee, or the City Public Facilities Fee in an amount which is less than provided in this Agreement, the City shall adjust the amounts of the City Public Facilities Fee, and/or Development Agreement Fee applicable to the Project to equal the lesser fee amount(s). If any attached dwelling units are constructed in the Project, the City agrees to apply the adopted components and fees for attached residential units with the same proportional adjustments and credits as set forth in Section 12 of this Agreement. 13. Reservation of Authority. 13.1 Limitations. Reservations. and Exceptions. Notwithstanding any other provision of the Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. (b) Regulations governing construction standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (c) Regulations which are NOT in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (d) Regulations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. mr~millln~abin~d.da/1 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. In that event, however, this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract Map Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, any current or future tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan, including without limitation Revised Tentative Tract Map 23371, shall be extended to expire at the end of the term of this Agreement. 13.6 Vestina Tentative Main. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the development of the property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.) and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 13.7 Tentative Tract Maps - Perimeter Walls. The conditions of approval for tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be amended to provide that the construction of perimeter walls and installation of landscaping and irrigation systems, that would othetwvise be required to be completed prior to the construction of any residential dwelling units, shall be constructed in phases as the adjacent tracts are developed within the Project. 13.8 Maintenance of Proiect Landscape Areas. Owner shall form a homeowners' association which shall maintain all landscape areas within the Project including, without limitation, all block walls and entry monuments located within the Project. Notwithstanding the foregoing, the City acting through its Community Services District and upon compliance with all applicable laws including, without limitation, any necessary public voting procedures, shall consider maintaining all exterior landscape areas (excluding block m:millin~.~nbimi.da/1 ~.00u0~ -18- walls and entry monuments) within the Project adjacent to main collector streets having widths of sixty-six feet (66') or larger. Unless these areas are accepted by the City's Community Services District for maintenance, they will be maintained by the homeowner's association. 13.9 Mariarim Road Reimbursement. Owner's obligation to reimburse the City for the cost of constructing certain roadway improvements to the east side of Margarita Road from Rancho California Road to La Serena shall be $185.00 per residential unit applicable to the Fast g00 residential units constructed in the Project, all as more specifically set forth in that certain Reimbursement Agreement recorded in the Official Records of Riverside County on July 14, 1994, as Instrument No. 281356. 13.10 Modified Street Sections. The Existing Development Approvals incorporate the conversion of previously designated "private streets" within the Project to public streets. To accommodate the conversion of private streets to public streets within the Project, and as more fully set forth in the Existing Development Approvals, the City has approved one type of~nodified street sections for Tracts 23371-1 through 23371-7, and another type of modified street sections for the remainder of the Project. 13.11 Park Improvement Agreement and Security. For park improvements, recreation facilities, slopes and landscaping proposed for dedication to the City's Community Services District pursuant to this Agreement, Owner shall enter into an Improvement Agreement and post securities for said improvements concurrently with the recordation of the tracts where the improvements are located. 14. No. 5 Development of the Property, Vesting. Termination of Development Agreement 14.1 Rights to Develop. Subject to the terms of this Agreement, including payment of the City Public Facilities Fee and the Development Agreement Fee, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the City Public Facilities Fee, the rules, regulations, and official policies governing permiRed uses of the Property, the density and intensity of use of the Property, the maximum height size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the City Public Facilities Fee and the Development Agreement Fee. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. 14.3 Chanees and Agreements. The parties acknowledge that refinement and further development' of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development approvals. In the event the Owner fmds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated herein as addendum to this Agreement and may be further changed from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, associated with any amendment or change to this Agreement that is initiated by Owner or Owner's successor -- without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such a change does not: (a) Alter the permitted uses of the Property as a whole, except as provided in Section 9 hereof, or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Termination of Development Aereement No. 5. Both the City and the Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. mcmillinX. combined .da/1 8536.001/090397 -20- 15. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 16. Financing, District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. 17. Agreement or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65868. If an amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement processing fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing the Agreement within thirty (30) days of written demand from City -- without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it, notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City. 19. Events of Default. Owner is in defauit under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made; (b) More than forty-five (45) days have passed since City's making of a written request to Owner for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more at the terms or conditions of this Agreement. 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate this Agreement. (c) Non-performance shall not be excused because of a failure of a third person. (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) All other remedies at law or equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue or claim any damages for breach of that Agreement by City. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof Owner, for himself or any successor thereto, expressly waives the right to seek damages against the City or any officer, employee or agent thereof, for any default or breach of this Agreement. 22. Attorneys Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Clerk With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner: Temeku Hills Temeku Hills Development Partners, L.P. 2727 Hoover Avenue National City, CA 91950 Attention: James H. Hunter, Senior Vice President With a copy to: Lorenz Alhadeff Cannon & Rose, LLP 27555 Ynez Road, Suite 203 Temecula, CA 92591 Attention: Samuel C. Alhadeff, Esq. UDC Homes, Inc. 438 Camino Del Rio South, Suite 112B San Diego, CA 92108-3546 Attention: Jori Werner, Division President With a copy to: Hecht, Solberg, Robinson & Goldberg 600 West Broadway, 8th Floor San Diego, CA 92101 Attention: Darryl O. Solberg, Esq. A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter notices shall be addressed and transmitted to the new address. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall ossign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. 25. Miscellaneous Provisions. 25.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 25.2 Entire Agreement. This Agreement sets forth and contains the eraire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No tesl~ony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 25.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 12 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the role of construction to the effect that ambiguities are to be resolved against the draining party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 25.5 Section Headim, s. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 25.6 Sinaular and Plural. As used herein, the singular of any word includes the plural. 25.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 5 hereof. 25.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 25.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its fights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafl~. 25.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fu'es, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 25.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 25.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitude and constitute covenants rtmning with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 25.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instxument. 25.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 25.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 25.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 25.1 g Agreement for Service of Process. In the event owner is not a resident of the State of California or it is an association, parmership or joint venture without a member, parmer or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 26. Authority to Execute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. ~6.oo,~o~ -26- IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "CITY" City of Temecula ATTEST: By: Patricia H. Birdsall, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney [Notary Required] [SIGNATURES CONTINUE ON NEXT PAGE] "OWNER" Temeku Hills: Temeku Hills Development Partners, L.P., a Califomia limited pax~nership By: McMillin Project Services, Inc., a California corporation, as Attorney-in-fact Under Durable Power of Attorney By: ~;~,~ Its: By: (,is,~ 6j, v~l ....) Its: UDC Homes, Inc., a California corporation By: Its: [Notary Required] By: Its: ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF $S On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) h/are subscribed to the within insmnnent and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon helmIf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D D CAPACITY CLAIMED BY SIGNER UVD~VWUAL(S) OFFICER(S) (TiTLE[S]): D D D D O O PARTNF~(S) ATTORNEY-IN-FACT TRUSTE~(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTttER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or enfity(ies) ALL PURPOSE ACKNOWLEDGMENT STATE OF CAI.IFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL rl CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): I] [] D D D [.1 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) m~millin~Qnd)inc:d .cll/1 ss~.oo~m~ -30- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/theft authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL CAPACITY-CLAIMED BY SIGNER INDIVIDUAL(S) OFHCER(S) (TITLE[S]): D 0 0 0 0 PARTNER(S) ATrORNEY-IN-FACT TgUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS RFPRESEN'rING: Name of person(s) or entityties) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF $S On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SEAL U H CAPACITY CLAIMED BY SIGNF_,_R INDIVIDUAL(S) OFFICER(S) (TITLE[S]): U [] H U U PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALII~ORNIA COUNTY OF SS , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within imtrumem and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D D CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): D D D D D D PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or cnfity(ies) Inemillin~)mbined.dm/1 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF $S On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrumem and acknowledged that he/she/they executed the same in his/her/theft authorized capacity(ies), and that by Ms/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. signature SEAL D D CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): D D D D D D PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHFR: Charon SIGNER IS REPRESENTING: Name of person(s) or entity(ies) ALL PURPOSE ACKNOWLEDGMENT STATE OF CAL~FORNiA COUNTY OF $S On , 1997, before me, a Nom'y Public in and for said Sate, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D CAPACITY CLAIMED BY SIGNER INDMDUAL(S) OFFICER(S) (TITLE[S]): I1 D D D D PARTNER(S) ATTORNEY-IN-FACT T~USTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or enfity(ies) mmfillhk~bimd.d~/l ~s~6.oouo~ -35- EXHIBIT A EXISTING DEVELOPMENT APPROVALS General Plan - Low, Low Medium and Medium Density Residential Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199 (Margarita Village) Land Divisions- Final Tract Map No. 23371-1 Final Tract Map No. 23371-2 Final Tract Map No. 23371-3 Final Tract Map No. 23371-4 Final Tract Map No. 23371-5 Amended Tentative Tract Map No. 23371 Tentative Tract Map No. 28482 mcmillin~x~bi~ed.d~/1 EXHIBIT B EXISTING LAND USE REGULATIONS General Plan I_and Use designation is Low, Low Medium and Medium Density Residential. Specific Plan 199 (Margarita Village) n~ilinh~bimd.d~l 85~6.001/090~97 -37- EXHIBIT C LEGAL DESCRIPTION EXHIBIT D ASSIGNMENT AND ASSUMFrION OF DEVELOPMENT AGREEMENT mcmillin~combined.d8/1 85~6.oo~o~ -39- EXHIBIT E REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT Development Agreement: Amendment and Restatement of Development Agreement Specific Plan No. 199, Margarita Village Planning Application No. Date: To: City of Clerk and Planning Director, City of Temecula Pursuant to Sections 6(b) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mortgagee) (Person/Department) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be fried with the project file to insure proper and timely notice is given. Under the term~ of the Amendment and Restatement of Development Agreement, as Mortgagee is entitled to receive copies of any Notice of Default within ten ¢10) days of sending any such Notice to Owner. Failure to send any such Notice may have serious i~al consequences for the City. This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is Terminated. The person executing this document on behalf of the Mortgagee warrants and represents that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. The undersigned declares the above information is true and correct under the penalty of perjury under the laws of the State of California. Dated: , 1997 Mortgagee ~y: (signature) Its: (printed name) (title) [Notary required] This Notice is to be-sent to both the City Clerk and Planning Director for the City of Temeeula at P.O. Box 9033, Temeeula, Ca 925989=9033 or such other location as Temeeula City Hall may be located in the future. '" ,SEP 0,3 '9? 10:~ TO-190969998T8 FROH.-HCHILL]N COHPMIIE$ T-719 P. 02/02 F-O,?e ATTACHMENT NO. 5 RESOLUTION NO. 97- TEMECULA RESIDENT GOLF DISCOUNT AGREEMENT FOR SPECIFIC PLAN NO. 199 EXHIBIT A TEMECULA RESIDENT GOLF DISCOUNT AGREEMENT TEXT R:~FAFPRPT%I6GPA97.CC 10/I/97 cd 32 ATTACHMENT NO. 5 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'AGREEMENT REGARDING TEMECULA RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CR~I~ITS" FOR TEMEKU HILLS WHEREAS, concurrent with the execution of this Agreement, the City Council conducted a public hearing pertaining to Planning Application No. PA97-0204 (Amendment and Restatement of the Development Agreement for Specific Plan No. 199) on October 7, 1997, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA97-0204; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA97-0204; WHEREAS, pursuant to Section 12.5 of the Development Agreement, Temeku Hills is entitled to credits against the Park and Recreation Impact Fees; WHEREAS, Temeku Hills is also the owner of an 18-hole golf course adjacent to the Project, the City is interested in obtaining from Temeku Hills discounted rates for its residents to play the golf course and, pursuant to the terms and conditions of this Agreement, Temeku Hills is willing to grant such discounted rates in exchange for additional Park Fee Credits equal to the value of such discounted rates, NOW, TI'!EREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings; to wit: Findings. That the Temecula City Council hereby makes the following A. That the development to be carried out pursuant to the Development Agreement is consistent with the General Plan for Temecula and with all applicable requirements of State law, City ordinances and Specific Plan No. 199. B. The overall development of the land is designed for the protection of the public health, safety and general welfare. Section 2. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional R:\STAFFRPT~160PA97.CC 10/6/97 cd REVISED studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 3. The City Council hereby approves that certain agreement entitled "Agreement Regarding Temecula Resident Golf Discounts and Park and Recreation Impact Fee Credits' for Temeku Hills, and authorizes the Mayor to execute the Agreement in substantially the form of Exhibit A, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. R:~STAFFRPTH60PA97.CC 10/6/97 cd REVISED 30 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 7th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC 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 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 7th day of October, 1997 by the following vote, to wit: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC City Clerk R:\STAFFRPTH60PA97.CC 10/6/97 cd REVISED AGREEMENT REGARDING TEMECULA RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS (Temeku l:!111.s) TtHS AGREEMENT REGARDING TEMECULA RF~IDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS (this "Agreement") is entered into as of this day of October, 1997, by and between the City of Temecula, a California municipal corporation ("City"), and Temeku Hills Development Panners, L.P., a California limited pannership ("Temeku Hills"). RECITALS A. Concurrent with the execution of this Agreement, City and Temeku Hills have entered into that certain Amendment and Restatement of Development Agreement (the "Development Agreement") covering that certain 472 acre residential development located in a portion of Specific Plan No. 199, Village A, known as Temeku Hills Golf and Country Club (the "Project"). The Project is more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference. Unless otherwise defined, the capitalized terms used herein shall have the same meanings as set forth in the Development Agreement. B. Pursuant to Section 12.5 of the Development Agreement, Temeku Hills is entified to credits against the Park and Recreation Impact Fees, including the Development Agreement Fee, paid by Temeku Hills (or any other Owner within the Project) as a component of the City Public Facilities Fee for the actual costs expended by Temeku Hills for the design and construction of a park within the Project (as evidenced by actual third party invoices), including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Credits"). As a result of the Park Fee Credits, the Park and Recreation Impact Fees, including the Development Agreement Fee, otherwise paid by Temeku Hills (or any other Owner within the Project) as a component of the City Public Facilities Fee shall be eliminated until such time as the Park Fee Credits have been exhausted. C. Temeku Hills is also the owner of an 18-hole golf course adjacent to the Project, more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Golf Course"). The Golf Course will provide additional recreational opportunities for Temecula residents. City is interested in obtaining from Temeku Hills discounted rates for its residents to play the Golf Course in order to increase the availability of these recreational activities and, pursuant to the terms and conditions of this Agreement, Temeku Hills is willing to grant such discounted rates in exchange for additional Park Fee Credits equal to the value of such discounted rates for each year this Agreement is in effect. NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: OPERATIVE PROVISIONS 1. Temecula Residents Discounts. (a) Temeku Hi!l.~ shah offer all City residents, upon presentation of satisfactory proof of such residency (as may be reasonably determined by Temeku Hills and City), and only during the Discount Periods (as deftned in Paragraph 2 below), discounts to play the Golf Course (the "Resident Golf Discounts") equal to: (a) twenty-one percent (21%) of the amount for green fees only (currenfiy $24 per goffer per round), and specifically not for golf cart rentals (currenfiy $11 per golfer per round), as the same m_ny exist from time to time, on Mondays through Fridays ("Weekdays"); and Co)eighteen percent (18%) of the amount for green fees only (currenfiy $38 per golfer per round), and specifically not for golf cart rentals (currenfiy $11 per golfer per round), as the same may exist from time to time, on Saturdays and Sundays ("Weekends"). The Resident Golf Discounts shall be rounded either up or down to the closest dollar. Based on these current green fees, the Resident Golf Discounts would be $5 per golfer per round on Weekdays, and $7 per golfer per round on Weekends. (b) Persons exercising the Resident Golf Discounts shall be subject to space availability on a first come, first served basis at the Golf Course during the Discount Periods (as deftned in Paragraph 2 below) and shah not apply to the cost of golf cart rentals or any other services offered at the Goff Course from time to time. (c) Temeku Hills reserves the right to increase or decrease green fees at any time, and from time to time, in its sole and absolute discretion; provided, however, the percentages determining the Resident Golf Discounts as set forth in subparagraph l(a) above shall apply to the green fees as they may be determined by Temeku Hills, and as they may exist, from time to time. 2. Discount Periods Schedule. The Resident Golf Discounts shall be available to Temecula residents only at the following days and times (the "Discount Periods"): (a) Weekdays before 7:30 a.m. all year long (for Discount Periods of .5 hours for weekdays during the months of November through April ("Winter Months"), and 1.0 hour for weekdays during the months of May through October ("Sununer Months")); Co) Weekdays from 10:00 a.m to 12:30 p.m. during Winter Months (for Discount Periods of 2.5 hours for weekdays during Winter Months); (c) Weekdays from 11:00 a.m to 1:30 p.m. during Summer Months (for Discount Periods of 2.5 hours for weekdays during Summer Months); (d) Weekends from 10:30 a.m. to 12:30 p.m. during Winter Months (for Discount Periods of 2 hours for weekend days during Winter Months); and GOLF2.AGM/1 8536.001/1001~/ -2- (e) Weekends from 11:00 a.m to 1:30 p.m. during Summer Months (for Discount Periods of 2.5 hours for weekend days during Summer Months). 3. Temecula Residents Reservations. In order to more fully utilize the Resident Golf Discounts during Discount Periods, City residents shall have the right to make reservations for two (2) or more golfers eight (8) days in advance for tee times at the Golf Course during Discount Periods. Non-City residents shall have the right to make reservations for two (2) or more golfers seven (7) days in advance for tee times at the Golf Course during Discount Periods. 4. Amount of Park Fee Credits. (a) City and Temeku Hills hereby understand and agree that for purposes of this Agreement 28 golfers per hour could be accommodated during Discount Periods. Based thereon, the value of the Resident Golf Discounts for any particular year shall be determined as follows: Weekdays. On a monthly basis, multiply 28 golfers per hour by the number of hours per day the Weekday Resident Golf Discount is available (3 hours for Winter Months and 3.5 hours for Summer Months). Then, multiply such amount by the number of Weekdays in that month and, then, multiply such product by the amount of the then applicable Weekday Resident Golf Discount (currently $5). This calculation provides the value of the Weekday Resident Golf Discount for that month. The value of the Weekday Resident Golf Discount for any given year is determined by adding together the value of the Weekday Resident Golf Discounts for each month in that year. Weekends. On a monthly basis, multiply 28 golfers per hour by the number of hours per day the Weekend Resident Golf Discount is available (2 hours for Winter Months and 2.5 hours for Summer Months). Then, multiply such amount by the number of Weekend days in that month and, then, multiply such product by the amount of the then applicable Weekend Resident Golf Discount (currently $7). This calculation provides the value of the Weekend Resident Golf Discount for that month. The value of the Weekend Resident Golf Discount for any given year is determined by adding together the value of the Weekend Resident Golf Discounts for each month in that year. The combined value of the Weekday and Weekend Resident Golf Discounts for any given year shall be referred to hereinafter collectively as the "Annual Resident Golf Discounts Value." Based on current green fees only ($24 and $38 per golfer per round for Weekdays and Weekends, respectively) and the corresponding current Resident Golf Discounts ($5 and $7 per golfer per round for Weekdays and Weekends, respectively), the Annual Resident Golf Discounts Value for the first year of this Agreement is $164,724 (as calculated and shown as the "Grand Total" on Exhibit "C" attached hereto and incorporated herein by this reference). GOLF2.AG~I 85~6.001/1001~7 =3= Co) City and Temeku Hills hereby understand and agree that Temeku Hills shall receive, on an annual basis, additional Park Fee Credits in the amount of seventy-five pement (75%) of the Annual Resident Golf Discounts Value (as shown as a "Grand Total" of $164,724 on Exhibit "C" for the fu~t year of this Agreement), as the same may be modified in accordance with subparagraph 4(c) below. Based on the foregoing, and absent any modification in accordance with subparagraph 3(c) below, Temeku Hills shall receive additional Park Fee Credits in the amount of $123,543 (.75 x $164,724) for the first year of this Agreement. (c) Temeku Hills shall have the fight, once a year during the term of this Agreement, and upon written notice delivered to City pursuant to Paragraph 8 below, to cause an adjustment in the amount of the benefit of the then applicable Annual Resident Golf Discounts Value (with a corresponding adjustment in the amount of additional Park Fee Credits for such year) by: (i) increasing, in its sole and absolute discretion, the percentages determining the Resident Golf Discounts; and/or (ii) increasing or decreasing the green fees determining the Resident Golf Discounts (although Temeku Hills shall have the unilateral fight to increase or decrease green fees for the Golf Course as often as Temeku Hills shall determine in its sole and absolute discretion). Within thirty (30) days of City's receipt of any such notice (including a proposed and revised Exhibit "C" showing the calculation of the ,~nnual Resident Golf Discounts Value), City shall verify and acknowledge in writing the recalculated amount of the Annual Resident Golf Discounts Value (along with the corresponding adjustment in the amount of additional Park Fee Credits for such year). (d) Notwithstanding the provisions of subparagraph 4(c) above, upon written notice from Temeku Hills within thirty (30) days of each anniversary date of this Agreement (including a proposed and revised Exhibit "C' showing the calculation of the Annual Resident Golf Discounts Value for the upcoming year), City shall verify and acknowledge in writing the amount of the ,~nnual Resident Coif Discounts Value for the upcoming year (along with the corresponding adjustment in the smount of additional Park Fee Credits for such year). 5. Use of Park Fee Credits. As a result of the additional Park Fee Credits obtained by Temeku Hills pursuant to the terms of this Agreement, the Park and Recreation Impact Fees, including the Development Agreement Fee, paid as by Temeku Hills (or any other Owner in the Project) as a component of the City Public Facilities Fee shall be eliminated until such time as these additional Park Fee Credits have been exhausted. 6. Accountine of Park Fee Credits. City shall maintain books and records accounting for the balance of the Park Fee Credits, as the same may be used from time to time by Temeku Hills (or other Owners within the Project) as set forth in Section 5 above, and upon written request, shall provide Temeku Hills with a written report accounting for the use of the Park Fee Credits to date. GOLF2.A~3M/18536.001/100197 -4- (a) The term of this Agreement shall commence on November 1, 1997 and shall extend for a period of four (4) years. Thereafter, upon mutual written consent of the parties hereto, this Agreement may be extended from year to year. Co) This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of the final order after exhaustion of any appeals, directed against the City as a result of any lawsuit filed aguinst directing the City to set aside, withdraw, or abrogate the approval by the City Council of the City of this Agreement. 8. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three. (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Clerk With a copy W: Peter M. Thorson, City Attorney Richards, Watson & C-ershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner: Temeku Hills Development Partners, L.P. 2727 Hoover Avenue National City, CA 91950 Attention: James H. Hunter, Senior Vice President With a copy to: Lorenz A!hadeff Cannon & Rose, I.LP 27555 Ynez Road, Suite 203 Temecula, CA 92591 Attention: Samuel C. Alhadeff, Esq. A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter notices shall be addressed and transmitted to the new address. OOLF2.AOM/18536.001/100197 -5- 9. Miscellaneous Provisions. (a) If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. Co) This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. (c) If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 12 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. (d) This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the draining party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. (e) All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. (f) As used herein, the singular of any word includes the plural. (g) Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. (h) Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the term.~ of this Agreement thereafter. OOLF2.AOM/I 8536.001/100197 (i) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. (j) The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequem performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. (k) The burdens of this Agreemere shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. (1) This Agreement .may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same insmunent. (m) Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be fried and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the f'fiing, removal or change of venue to any other court. (n) Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowled~cn'nent or affidavit ff reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. (o) Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, parmership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. GOLF2.AGM/I 8S36.001/10019'/ -'7- IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "CITY" City of Temecuh ATrF_,ST: By: Patricia H. Birdsall, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney "OWNER" Temeku Hills: Temeku Hills Development Partners, L.P., a California limited parmership By: McMillin Project Services, Inc., a California corporation, as Attorney-in-fact Under Durable Power of Attorney By: Its: By: Its: Cd3LF2.A~3M/1 8Y~6.0011100197 -8- EXHIBIT "A" Legal Deseri, pfion of Project GOLF2.AGM/I 8536.001/100197 EXHIBIT A PARCEL A: PARCELS I THROUGH 5, INCLUSIVE, AS SHOWN BY PARCEL MAP NO. 21884, ON FILE IN BOOK 144 PAGES 24 THROUGH 33, INCLUSIVE, AND AMENDED BY MAP ON FILE IN BOOK 152 PAGES 22 THROUGH 31, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROMANYPORTION LYING WITHIN TRACT 23371-1 AS SHOWN BY MAP ON FILE IN BOOK 216 PAGES 8 THROUGH 16, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROMANY PORTION LYING WITHIN TRACT 23371-2 AS SHOWN BY MAP ON FILE IN BOOK 219 PAGES 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROMANYPORTION LYING WITHIN TRACT 23371-3 AS SHOWN BY MAP ON FILE IN BOOK 222 PAGES 99 THROUGH 113, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING-THEREFROMANYPORTION LYING WITHIN TRACT 23371-4 AS SHOWN BY MAP ON FILE IN BOOK 223 PAGES i THROUGH 9, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROMANY PORTION LYING WITHIN TRACT 23371-5 AS SHOWN BY MAP ON FILE IN BOOK 224 PAGES 50 THROUGH 56, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROMANY PORTION LYING WITHIN TRACT 23371-6 AS SHOWN BY MAP ON FILE IN BOOK 265 PAGES 37 THROUGH 41, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROMANYPORTION LYING WITHIN TRACT 23371-15 AS SHOWN BY MAP ON FILE IN BOOK 260 PAGE(S) I THROUGH 9, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL B: LOT 8 OF TRACT 23371-1, AS SHOWN BY MAP ON FILE IN BOOK 216 PAGE(S) 8 THROUGH 16, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL C: LOTS 11 THROUGH 14, 16 THROUGH 20, 35 THROUGH 37 AND 39 THROUGH 41 OF TRACT NO. 23371-2, AS SHOWN BY MAP ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL C1: ~ PORTION OF LOTS 3 THROUGH 10 INCLUSIVE AND LOTS 21 THROUGH 34 INCLUSIVE, ALL AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF SAID LOTS 3 THROUGH 10 INCLUSIVE AND LOTS 21 THROUGH 34 INCLUSIVE, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SAID TRACT 23371- 2 SAID CORNER BEING ON SOUTHERLY 28.50 FOOTHALF-WIDTH SIDELINE OF ROYAL BIRKDALE DRIVE AS SHOWN ON TRACT 23371-1 ON FILE IN BOOK 216 PAGE(S) 8 THROUGH 16 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE EASTERLY LINE OF SAID LOTS 2 AND 3, SOUTH 10° 32' 21" WEST 49.67 FEET; THENCE LEAVING SAID EASTERLY LINES SOUTH 25° 30' 20" WEST 85.95 FEET; THENCE SOUTH 21" 15' 54" WEST 84.73 FEET TO THE NORTHERLY LINE OF LOT 4 OF SAID TRACT 23371-2; THENCE SOUTH 18" 00' 32" WEST 50.31 FEET TO THE NORTHERLY LINE OF LOT 5 OF SAID TRACT 23371-2, THENCE SOUTH 12" 06' 16" WEST 50.48 FEET TO THE NORTHERLY LINE OF LOT 6 OF SAID TRACT 23371-2; THENCE SOUTH 12° 06' 16" WEST 49.09 FEET TO THE NORTHERLY LINE OF LOT 7 OF SAID TRACT 23371-2; THENCE 14° 09' 10" WEST 57.42 FEET TO THE NORTHERLY LINE OF LOT 8 OF SAID TRACT 23371-2; THENCE SOUTH 14" 09' 10" WEST 62.60 FEET TO THE NORTHEASTERLY LINE OF LOT 9 OF SAID TRACT 23371-2; THENCE SOUTH 34" 56' 02" WEST 62.44 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE SOUTH 48" 52' 24" WEST 62.28 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 11 OF SAID TRACT 23371-2; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 11 SOUTH 49" 07' 13" EAST 4.51 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 21 SOUTH 61" 00' 55" EAST 61.06 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 27° 02' 23" EAST 49.73 FEET TO THE NORTHWESTERLY LINE OF LOT 22 OF SAID TRACT 23371-2; THENCE SOUTH 9~ 52' 34" EAST 28.28 FEET; THENCE SOUTH 4° 49' 56" WEST 80.24 FEET TO THE NORTHERLY LINE OF LOT 23 OF SAID TRACT 23371-2; THENCE SOUTH 9" 22' 35" WEST 46.27 FEET TO THE NORTHERLY LINE OF LOT 24 OF SAID TRACT 23371-2; THENCE SOUTH 10" 29' 01" WEST 47.13 FEET TO THE NORTHERLY LINE OF LOT 25 OF SAID TRACT 23371-2; THENCE SOUTH 11" 47' 33" WEST 49.07 FEET TO THE NORTHERLY LINE OF LOT 26 OF SAID TRACT 23371-2; THENCE SOUTH 8" 03' 57" WEST 51.35 FEET TO THE NORTHERLY LINE OF SAID LOT 27 OF SAID TRACT 23371-2; THENCE SOUTH 9° 30' 46" WEST 51.21 FEET TO THE NORTHERLY LINE OF LOT 28 OF SAID TRACT 23371-2~ THENCE SOUTH 15° 56' 36" WEST 51.01 FEET TO THE NORTHERLY LINE OF LOT 29 OF SAID TRACT 23371-2; THENCE SOUTH 16° 35' 07" WEST 51.03 FEET TO THE NORTHERLY LINE OF LOT 30 OF SAID TRACT 23371-2; THENCE SOUTH 18e 16' 10" WEST 51.10 FEET TO THE NORTHERLY LINE OF LOT 31 OF SAID TRACT 23371-2; THENCE SOUTH 7° 34' 54" WEST 51.40 FEET TO THE NORTHERLY LINE OF LOT 32 OF SAID TRACT 23371-2; THENCE SOUTH 5° 44' 05" WEST 50.63 FEET TO THE NORTHERLY LINE OF LOT 33 OF SAID TRACT 23371-2; THENCE SOUTH 12e 50' 29" WEST 43.80 FEET; THENCE SOUTH 29° 21' 59" WEST 35.98 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 34; THENCE SOUTH 29° 21' 59" WEST 43.34 FEET; THENCE SOUTH 43e 38' 43" WEST 43.01 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 34, SAID CORNER ALSO BEING THE POINT OF TERMINATION. PARCEL C2: ALL OF LOT I AND A PORTION OF LOT 2 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT i PER SAID TRACT 23371-2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT NORTH 18~ 55' 57" EAST 33.88 FEET; THENCE NORTH 32~ 30' 00" EAST 84.69 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1; THENCE ALONG SAID NORTHERLY LINE AND NORTHERLY LINE OF SAID LOT 2 SOUTH 79~ 31' 11" EAST 64.69 FEET; THENCE LEAVING SAID NORTHERLY LINES SOUTH 15" 00' 16" WEST 20.63 FEET; THENCE SOUTH 44~ 23' 36" WEST 102.73 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1 SAID CORNERALSO BEING THEBEGINNING OF A NON- TANGENT 42.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARS NORTH 32° 30' 00" EAST; THENCE NORTHWESTERLYALONGTHEARC OF SAID CURVE AND THE SOUTHERLY LINE OF SAID LOT i THROUGH A CENTRAL ANGLE OF 60~ 40' 00" A DISTANCE OF 45.00 FEET, TO THE POINT OF BEGINNING. PARCEL C3 A PORTION OF LOT 2 AND A PORTION OF LOT 3 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBEDAS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE NORTH 44° 23' 36" EAST 102.73 FEET; THENCE NORTH 15° 00' 16" EAST 20.63 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE ALONG SAID LINE SOUTH 79° 31' 11" EAST 62.20 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE ALONG SAID LINE AND THE EASTERLY LINE OF SAID LOT 3 SOUTH 10° 32' 21" WEST 49.67 FEET; THENCE LEAVING SAID LINE SOUTH 25" 30' 20" WEST 85.95 FEET; THENCE NORTH 85~ 45' 22" WEST 72.93 FEET, TO A POINT ON THE NORTHEASTERLY VARIED WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON SAID MAP, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 42.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL BEARS SOUTH 85° 45' 22" EAST; THENCE NORTHWESTERLY ALONGTHEARC O~ SAID CURVE THROUGH A CENTRAL ANGLE OF 61" 44' 36" A DISTANCE OF 45.80 FEET, TO THE POINT OF BEGINNING. PARCEL C4 A PORTION OF LOT 3 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3 SAID CORNER BEING ON THE EASTERLY VARIED WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON SAID TRACT 23371-2; THENCE ALONG SAID SIDELINE NORTH 44" 35' 48" EAST 44.37 FEET TO THE BEGINNING OF A TANGENT 42.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE CONTINUING NORTHEASTERLY AND NORTHERLY ALONG SAID SIDELINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 21' 12" A DISTANCE OF 29.93 FEET; THENCE LEAVING SAID SIDELINE SOUTH 85° 45' 22" EAST 72.93 FEET; THENCE SOUTH 21° 15' 54" WEST 84.73 FEET TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE ALONG SAID SOUTHERLY LINE NORTH 73" 00' 00" WEST 89.17 FEET TO POINT OF BEGINNING. PARCEL C5 A PORTION OF LOT 4 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 4 PER SAID TRACT 23371-2, SAID CORNER BEING ON THEEASTERLY VARIED WIDTHSIDELINEOF COLONIAL COURT AS SHOWN ON SAID TRACT 23371-2 ALSO BEING THE BEGINNING OF A 105.50 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARS NORTH 71° 03' 56" WEST; THENCE NORTHEASTERLY ALONGTHEARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25~ 39' 44" A DISTANCE OF 47.25 FEET; THENCE NORTH44° 35' 48" EAST 5.63 FEET TOT HE NORTHWESTERLY CORNER OF SAID LOT 4~ THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 73° 00' 00" EAST 89.17 FEET; THENCE LEAVING SAID LINE SOUTH 18° 00' 31" WEST 50.31 FEET TO THE NORTHERLY LINE OF LOT 5 PER SAID TRACT 23371-2~ THENCEALONG SAID NORTHERLY LINE NORTH 73° 00' 00" WEST 102.83 FEET TO THE POINT OF BEGINNING. PARCEL C6: A PORTION OF LOT 5 ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUG"H 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 5 SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON SAID TRACT 23371-2; THENCE ALONG SAID SIDELINE NORTH 17° 00' 00" EAST 46.74 FEET TO THE BEGINNING OF A TANGENT 105.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHEASTERLY ALONGTHEARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 01° 56' 04" A DISTANCE OF 3.56 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 5 SOUTH 73° 00' 00" EAST 102.83 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 12° 06' 16" WEST 50.48 FEET TO THE NORTHERLY LINE OF LOT 6 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 6 NORTH 73° 00' 00" WEST 107.20 FEET TO THE POINT OF BEGINNING. PARCEL C7: A PORTION OF LOT 6 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 6 SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON SAID TRACT 23371-2; THENCE ALONG SAID SIDELINE NORTH 13° 45' 00" EAST 27.58 FEET TO THE BEGINNING OF A TANGENT 477.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONGTHEARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 15' 00" A DISTANCE OF 27.09 FEET; THENCE NORTH 17° 00' 00" EAST 0.50 FEET, TO THE NORTHWESTERLY CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 SOUTH 73° 00' 00" EAST 107.20 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 6 SOUTH 12° 06' 16" WEST 49.09 FEET TO THE NORTHERLY LINE OF LOT 7 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 7 NORTH 76° 15' 00" WEST 109.23 FEET TO THE POINT OF BEGINNING. PARCEL C8: A PORTION OF LOT 7 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 7, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON SAID TRACT 23371-2 SAID CORNERALSO BEING THE BEGINNING OF A 362.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL BEARS SOUTH 71° 26' 53" EAST; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4° 48' 07" A DISTANCE OF 30.38 FEET; THENCE CONTINUING ALONG SAID SIDELINE NORTH 13" 45' 00" EAST 17.85 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 7 SOUTH 76° 15' 00" EAST 109.23 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 7 SOUTH 14° 09' 10" WEST 57.45 FEET TO THE NORTHERLY LINE OF LOT 8 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 8 NORTH 71" 26' 53" WEST 110.49 FEET TO THE POINT OF BEGINNING. PARCEL C9: A PORTION OF LOT 8 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 8 SAID CORNER BEING ON THE 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON TRACT 23371-2 SAID CORNER BEING THE BEGINNING OF A 362.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY A RADIAL BEARS SOUTH 64" 00' 19" EAST; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 26' 33" A DISTANCE OF 47.09 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 8; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 8 SOUTH 71° 26' 53" EAST 110.49 FEET; THENCE SOUTH 14" 09' 10" WEST 62.60 FEET TO THE NORTHEASTERLY LINE OF LOT 9 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 9 NORTH 64" 00' 19" WEST 119.35 FEET TO THE POINT OF BEGINNING. PARCEL C10: A PORTION OF LOT 9 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 9, SAID CORNER BEING ON THE 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON TRACT 23371-2 SAID CORNER BEING THE BEGINNING OF A 362.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY A RADIAL BEARS SOUTH 56° 33' 46" EAST; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 26' 33" A DISTANCE OF 47.09 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 9; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 9 SOUTH 64° 00' 19" EAST 119.35 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 9 SOUTH 34" 56' 02" WEST 62.44 FEET TO THE NORTHEASTERLY LINE OF LOT 10 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 10 NORTH 56° 33' 46" WEST 113.66 FEET TO THE POINT OF BEGINNING. PARCEL Cl1: A PORTION OF LOT 10 AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 10, SAID CORNER BEING ON THE 22.50 FOOT HALF-WIDTH SIDELINE OF COLONIAL COURT AS SHOWN ON SAID TRACT 23371-2 AND THE BEGINNING OF A 362.50 FOOT RADIUS CURVE CONCAVENORTHWESTERLY A RADIALBEARS SOUTH49~ 07' 13" EAST; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7" 26' 33" A DISTANCE OF 47.09 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 10; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 10 SOUTH 56" 33' 46" EAST, 113.66 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 10 SOUTH 48" 52' 24" WEST, 62.28 FEET TO THE NORTHEASTERLY LINE OF LOT 11 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 49" 07' 13" WEST 100.99 FEET TO THE POINT OF BEGINNING. PARCEL C12: A PORTION OF LOT 15, AS SHOWN ON TRACT 23371-2 ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE CITY OF TEMECULA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 15; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 15, NORTH 79° 12' 53" WEST, 77.00 FEET; THENCE, LEAVING SAID SOUTHERLY LINE OF SAID LOT 15, NORTH 1" 24' 42" EAST, 30.38 FEET; THENCE NORTH 7" 13' 00" EAST 47.54 FEET TO THE WESTERLY LINE OF SAID LOT 15; THENCE, ALONG-SAID WESTERLY LINE OF SAID LOT 15, NORTH 21° 41' 36" EAST, 30.00 FEET; THENCE CONTINUING ALONG SAID LINE, NORTH 36° 55' 48" EAST, 32.00 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 15, SAID CORNER BEING THE BEGINNING OF A NON-TANGENT 42.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIAL BEARING OF SOUTH 87° 46' 41" EAST, SAID CURVE BEING THE SIDELINE OF VARIED WIDTH COLONIAL COURT, AS SHOWN ON SAID TRACT 23371-2, SAID CURVE ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT 15; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 48 ~ 37' 53", A DISTANCE OF 36.07 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 15; THENCE ALONG THE EASTERLY LINE OF SAID LOT 15, SOUTH 1° 15' 43" EAST, 46.57 FEET; · THENCE CONTINUING ALONG SAID LINE, SOUTH 18" 00' 00" EAST, 71.00 FEET TO THE POINT OF BEGINNING. PARCEL C13: A PORTION OF LOT 21 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON FILE IN BOOK 219 PAGE(S) 18 THROUG~H25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 21 SAID CORNER BEING ON THE NORTHERLY VARIED WIDTH SIDELINE OF CASCADES COURT PER SAID TRACT 23371-2; THENCE ALONG THE WESTERLY LINE OF SAID LOT 21 NORTH 27° 16' 13" WEST, 34.59 FEET TO THE MOST SOUTHERLY CORNER OF LOT 12 PER SAID TRACT 23371-2; THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID LOT 12 NORTH 51° 54' 37" EAST, 58.76 FEET TO THE MOST SOUTHERLY CORNER OF LOT 11 PER SAID TRACT 23371-2; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 11 NORTH 43" 11' 31" EAST, 60.87 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 21; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 21 SOUTH 61" 56' 54" EAST, 61.06 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 21 SOUTH27° 02' 23" EAST, 49.73 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 21; THENCE ALONG SAID SOUTHEASTERLY LINE OF SAID LOT 21 SOUTH 61" 00' 00; WEST, 105.53 FEET TO A POINT ON SAID VARIED WIDTH SIDELINE AND SAID POINT BEING THE BEGINNING OF A NON-TANGENT 42.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIALBEARS NORTH61~ 00' 00" EAST; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID SIDE LINE, THE SOUTHERLY LINE OF SAID LOT 21 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 65" 15' 00" A DISTANCE OF 48.48 FEET; THENCE LEAVING SAID ARC SOUTH 4" 15' 00" EAST, 3.50 FEET TO A POINT ON A NON-TANGENT 39.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARS NORTH 4~ 15' 00" WEST; THENCE CONTINUING SOUTHWESTERLYALONGTHEARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24" 15' 00" A DISTANCE OF 16.51 FEET TO THE POINT OF BEGINNING. PARCEL C14: A PORTION OF LOT 22 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 22, SAID CORNER BEING ON THE NORTHERLY LINE VARIEDWIDTHSIDELINEOF CASCADES COURT PER SAID TRACT 23371-2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 22 NORTH 61° 00' 00# EAST, 105.53 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LOT 22 SOUTH 9° 52' 34" EAST, 28.28 FEET; THENCE SOUTH 04° 49' 56" WEST, 8D.24 FEET TO THE NORTHERLY LINE OF LOT 23 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 23 NORTH 75" 24' 14" WEST, 90.12 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 23, SAID' CORNER BEING THE BEGINNING OF A NON-TANGENT 42.50 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL BEARS SOUTH 71° 41' 06" EAST; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE EASTERLY SIDELINE OF SAID CASCADES COURT AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47" 18' 54", A DISTANCE OF 35.10 FEET TO THE POINT OF BEGINNING. PARCEL C15: A PORTION OF LOT 23 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON FILE IN BOOK 219 PAGE(S) 18 THROUG~H 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 23, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES COURT PER SAID TRACT 23371-2, SAID CORNER ALSO BEING THE BEGINNING OF A 1577.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL BEARS NORTH 73° 21' 03" WEST; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01° 39' 57", A DISTANCE OF 45.68 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 23; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 23, SOUTH 75° 24' 14" EAST, 90.12 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 23 SOUTH 9" 22' 35" WEST, 46.27 FEET TO THE NORTHERLY LINE OF LOT 24 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 24 NORTH 75" 15' 00# WEST, 96.64 FEET TO THE POINT OF BEGINNING. PARCEL C16: A PORTION OF LOT 24 AS SHOWN ON TRACT 23371-2, AS SHOWN BY MAP ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 24, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES COURT, PER SAID TRACT 23371-2, SAID CORNERALSO BEINGTHE BEGINNING OF A 1577.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL BEARS NORTH 75° 03' 29" WEST; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 42' 27", A DISTANCE OF 47.01 FEET TO THE NORTHWESTERLY CORKER OF SAID LOT 24; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 24 SOUTH 75° 15' 00" EAST, 96.64 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 24 SOUTH 10° 29' 01" WEST, 47.13 FEET TO THE NORTHERLY LIEN OF LOT 25 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 25 NORTH 75~ 15' 00" WEST, 101.00 FEET TO THE POINT OF BEGINNING. PARCEL C17: A PORTION OF LOT 25 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF AID LOT 25, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES COURT, PER SAID TRACT 23371-2; THENCE ALONG SAID SIDELINE NORTH 14" 45' 00" EAST, 43.72 FEET TO THE BEGINNING OF A TANGENT 1577.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND THE ARC OF AID CURVE THROUGH A CENTRAL ANGLE OF 0" 11' 31" A DISTANCE OF 5.28 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 SOUTH 75" 15' 00" EAST, 101.00 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 25, SOUTH 11° 47' 33" WEST, 49.07 FEET TO THE NORTHERLY LINE OF LOT 26 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 26, NORTH 75" 15' 00" WEST, 103.54 FEET TO THE POINT OF BEGINNING. PARCEL C18:' A PORTION OF LOT 26 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 26, SAID POINT BEING ON THE EASTERLY 22.50 FOOT ~ALF-WIDTH SIDELINE OF CASCADES COURT, PER SAID TRACT 23371-2~ THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 26; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26 SOUTH 75° 15' 00" EAST, 103.54 FEET~ THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 26, SOUTH 8~ 03' 57" WEST, 51..35 FEET TO THE NORTHERLY LINE OF LOT 27 PER SAID TRACT 23371-2~ THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 27 NORTH 75~ 15' 00" WEST, 109.52 FEET TO THE POINT OF BEGINNING. PARCEL'C19: A PORTION OF LOT 27 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 27, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES COURT, PER SAID TRACT 23371-2~ THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 27~ THENCE ALONG THE NORTHERLY LINE OF SAID LOT 27 SOUTH 75~ 15' 00" EAST, 109.52 FEET~ THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 27 SOUTH 9~ 30' 46 WEST, 51.21 FEET TO THE NORTHERLY LINE OF LOT 28 PER SAID TRACT 23371-2~ THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 28 NORTH 75° 15' 00" WEST, 114.19 FEET TO THE POINT OF BEGINNING. PARCEL C20~ A PORTION OF LOT 28 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 28, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH S~DELINE OF CASCADES COURT PER SAID TRACT 23371-2~ THENCE ALONG SAID SIDELINE NORTH 14~ 45' 00" EAST, 51.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 28~ THENCE ALONG THE NORTHERLY LINE OF SAID LOT 28 SOUTH 75~ 15' 00" EAST, 114.19 FEET~ THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 28 SOUTH15° 56' 36" WEST, 51.01 FEET TO THE NORTHERLY LINE OF LOT 29 PER SAID TRACT 23371-2~ THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 29 NORTH 75~ 15' 00" WEST, 113.13 FEET TO THE POINT OF BEGINNING. PARCEL C21: A PORTION OF LOT 29 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 29, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT HALF-WIDTH SIDELINE OF CASCADES COURT, PER SAID TRACT 23371-2; THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 29; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 29 SOUTH 75° 15' 00" EAST, 113.13 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 29 SOUTH 16° 35' 07" WEST, 51.03 FEET TO THE NORTHERLY LINE OF LOT 30 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 30, NORTH 75" 15' 00" WEST, 111.50 FEET TO THE POINT OF BEGINNING. PARCEL C22: A PORTION OF LOT 30 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 30, SAID CORNER BEING ON THE EASTERLY 22.50 FOOT-WIDTH SIDELINE OF CASCADES COURT PER SAID TRACT 23371-2; THENCE ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 51.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 30; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 30, SOUTH 75" 15' 00" EAST, 111.50 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 30 SOUTH 18" 16' 10" WEST, 51.10 FEET TO THE NORTHERLY LINE OF LOT 31 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 31 NORTH 75" 15' 00" WEST, 108.36 FEET TO THE POINT OF BEGINNING. PARCEL C23: A PORTION OF LOT 31 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 31, SAID CORNER BEING ON THEEASTERLY VARIED HALF-WIDTHSIDELINEOFCASCADES COURT, PER SAID TRACT 23371-2, SAID CORNER BEING THE BEGINNING OF A 105.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL BEARS NORTH 79" 52' 17" WEST; THENCE NORTHEASTERLY ALONG SAID SIDELINE ANDALONGTHEARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4" 37' 17", A DISTANCE OF 8.51 FEET; THENCE CONTINUING ALONG SAID SIDELINE NORTH 14° 45' 00" EAST, 42.50 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 31; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 31, SOUTH 75° 15' 00" EAST, 108.36 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 31, SOUTH 7° 34' 54" WEST, 51.40 FEET TO THE NORTHERLY LINE OF LOT 32 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 32, NORTH 75° 15' 00' WEST, 114.43 FEET TO THE POINT OF BEGINNING. PARCEL C24: A PORTION OF LOT 32 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 32, SAID CORNER BEING ONTHEEASTERLY VARIEDHALF-WIDTHSIDELINEOFCASCADES COURT, PER SAID TRACT 23371-2; THENCE ALONG SAID SIDELINE NORTH 1° 33' 41" WEST, 30.08 FEET TO THE BEGINNING OF A TANGENT 105.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11" 41' 25", A DISTANCE OF 21.53 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 32; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 32, SOUTH 75° 15' 00" EAST, 114.43 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 32 SOUTH 5" 44' 05" WEST, 50.63 FEET TO THE NORTHERLY LINE OF LOT 33 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 33 NORTH 75" 15' 00" WEST, 110.01 FEET TO THE POINT OF BEGINNING. PARCEL C25: A PORTION OF LOT 33 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 33, SAID CORNER BEING ON THEEASTERLY VARIED HALF-WIDTHSIDELINEOFCASCADES COURT, PER SAID TRACT 23371-2, SAID CORNER BEING THE BEGINNING OF A 42.50 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL BEARS SOUTH 66" 30' 00" EAST; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID SIDELINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25" 03' 41" A DISTANCE OF 18.59 FEET; THENCE NORTH I° 33' 41" WEST, 19.92 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 33; THENCE ALONG THE NORTHERLY LiNE OF SAID LOT 33, SOUTH 75~ 15' 00" EAST, 110.01 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT 33, SOUTH 12° 50' 29" WEST, 43.80 FEET; THENCE SOUTH 29° 21' 59" WEST, 35.98 FEET TO THE NORTHEASTERLY LINE OF LOT 34 PER SAID TRACT 23371-2; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 34, NORTH 52° 00' 00" WEST, 104.03 FEET TO THE POINT OF BEGINNING. PARCEL C26: A PORTION OF LOT 34 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 34, SAID POINT BEING ON THE SOUTHEASTERLY VARIED HALF-WIDTH SIDELINE OF CASCADES COURT, PER SAID TRACT 23371-2, SAID CORNER BEING THE BEGINNING OF A 42.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL BEARS SOUTH 22° 15' 00" EAST; THENCE NORTHEASTERLY ALONG SAID SIDELINE AND ALONG THE ARC OF SAID CURTWE, THROUGH A CENTRAL ANGLE OF 44~ 15' 00", A DISTANCE OF 32.82 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 34; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 34, SOUTH 52° 00' 00" EAST, 104.03 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE OF SAID LOT 34, SOUTH 29~ 21' 59" WEST, 43.34 FEET; THENCE SOUTH 43° 38' 43" WEST, 43.01 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 34 PER SAID TRACT 23371-2; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 34, NORTH 26° 00' 00" WEST, 123.00 FEET TO THE POINT OF BEGINNING. PARCEL C27: A PORTION OF LOT 15 AND LOT 38 AS SHOWN ON TRACT 23371-2, ON FILE IN BOOK 219 PAGE(S) 18 THROUGH 25, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 38, SAID CORNER ALSO BEING THE MOST NORTHERLY CORNER OF SAID LOT 15; THENCE ALONG THE EASTERLY LINE OF SAID LOT 38, AND THE WESTERLY LINE OF SAID LOT 15, SOUTH 36° 55' 48" WEST, 32.00 FEET; THENCE CONTINUINGALONG SAID EASTERLYANDWESTERLY LINES, SOUTH21" 41' 36" WEST, 30.00 FEET; THENCE LEAVING SAID EASTERLY AND WESTERLY LINE, SOUTH 7° 13' 00" WEST, 47.54 FEET; THENCE SOUTH 1" 24' 42" WEST, 30.38 FEET TO THE NORTHERLY LINE OF SAID LOT 38, SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID LOT 15; THENCE ALONG SAID NORTHERLY AND SOUTHERLY LINE, SOUTH 79" 1~' 53" EAST, 77.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 38; THENCE ALONG THE EASTERLY LINE OF SAID LOT 38, SOUTH 18° 00' 00" EAST, 20.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 0° 24' 57" EAST, 112.10 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 14° 45' 00" WEST, 128.94 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, SOUTH 11° 21' 40" EAST, 43.06 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 38; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 38, NORTH 49° 52' 46" WEST, 16.47 FEET TO THE BEGINNING OF A NON-TANGENT 717.50 FOOT RADIUS CURVE, CONCAVE WESTERLY, HAVING A RADIAL BEARING OF NORTH 80" 19' 36" EAST, SAID CURVE BEING THE WESTERLY LINE OF SAID LOT 38, SAID CURVE ALSO BEING THE EASTERLY 37.50 FOOT HALF -WIDTH SIDELINE OF TEMEKU DRIVE, AS SHOWN ON SAID TRACT 23371-2; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE OF SAID LOT 38, SAID EASTERLY SIDELINE OF SAID TEMEKU DRIVE, AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 7° 04' 36", A DISTANCE OF 88.62 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE OF SAID LOT 38, AND SAID EASTERLY SIDELINE, NORTH 16° 45' 00" WEST, 110.00 FEET TO THE BEGINNING OF A TANGENT 312.50 FOOT RADIUS CURVE, CONCAVE 'EASTERLY; THENCE CONTINUING NORTHERLY AND NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID LOT 38, SAID EASTERLY SIDELINE AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 45" 32' 24", A DISTANCE OF 248.38 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 38; THENCE ALONG THE NORTHERLY LINE, NORTH 87" 46' 41" EAST, 17.93 FEET TO THE POINT OF BEGINNING. PARCEL D: LOTS 82 THROUGH 168 OF TRACT NO. 23371-3, AS SHOWN BY MAP ON FILE IN BOOK 222 PAGE(S) 99 THROUGH 113, INCLUSI~FE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL E: LOTS i THROUGH 74 OF TRACT NO. 23371-5, AS SHOWN BY MAP ON FILE IN BOOK 224 PAGES 50 THROUGH 56, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL F: LOTS I THROUGH 30 OF TRACT NO. 23371-6, AS SHOWN BY MAP ON FILE IN BOOK 265 PAGE(S) 37 THROUGH 41, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL LOTS i THROUGH 27, 29, 39 THROUGH 65 AND 73 THROUGH 81, INCLUSIVE, OF TRACT NO. 23371-3, AS SHOWN BY MAP ON FILE IN BOOK 222 PAGE(S) 99 THROUGH 113, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL H: LOTS I THROUGH 119, INCLUSIVE, OF TRACT NO. 23371-4, AS SHOWN BY MAP ON FILE IN BOOK 223 PAGE(S) I THROUGH 9, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXHIBIT "B" Leeal Description of Golf Course ~Ot~.A~ ~s~6.omnoonn - 1 O- EXHIBIT "B" Le_eal Description of Golf Course Page 1 of~ LEGAL DESCRIPTION TEMEKU GOLF COURSE A portion of Tract No. 23371-2, filed in Book 219 Pages 18 through 25, inclusive, of Maps. A portion of Tract No. 23371-3 filed in Book 222 Pages 99 through 113, inclusive, of Maps. A portion of Tract No. 23371-4 filed in Book 223 Pages 1 through 9, inclusive, of Maps. A portion of Tract No. 23371-5 filed in book 224 pages 50 through 56, inclusive, of Maps. A portion of Tract No. 23371-15, filed in Book 260 Pages I through 9, inclusive, of Maps, all filed in the Office of the Recorder of Riverside County, State of California, more particularly described as follows: Lot 42 of said Tract No: 23371-2. Together with: A portion of Lots 3 through I0, inclusive, and a portion of Lots 21 through 34, inclusive, of said Tract No. 23371-2, lying easterly of the line as adjusted by Lot Line Adjustment PA 97-0055 Recorded on May 20,1997 as Instrument No. 177466, G-rant Deed Recorded on June 23, 1997 as Instrument No. 219513, Office of the Recorder of said County, and also shown by Records of Survey, Book 103 Page 48, Riverside County Surveyor's Office, California. Together with: Lot 169 of said Tract No. 23371-3. Together with: Lot 120 of said Tract No. 23371-4. Together with: Lot 75 of said Tract No. 23371-5. Page 2 of 2 Together with: Lots 1 through 7 of said Tract No. 23371-15. Lic~use exph'es 9-30-00 Date: ~ --. ~r~ _,~ 7~1~1 Me 2~O,q-S %/' %, .~ '~ -~,,'...~.,.,:,'-/._ .>// LOT 4 ~ ~ ~/~ ~ g LOT T ~ C~ ~ ~ ~-9 LOT ~ ~ ~ ~/I-9 LOT 75 LOT ~ ~ C~ LOT 23311-6 M6 2~O/!-e GOlF COt~ LOT I 23371-6 kl~ 260/I-9 ~/ 11. J i ~ ~ ~ ~ LOT ~9 G~F C~ EXHIBIT 'BI' / u=r /pr'o JcJ¢~?a/r_gr-p/ ~j.iZ ~'51/F51XD?81,agn RICK ENQINEERINQ COMPANY CIVIL ENGINEERS SURVEYORS PLANNERS 3050 CHICAGO AVE.. SUITE I00, RIVERSIDE., CA 92507 SCALE l"=800' I DATE SEPT, :~0, 1997 PLOT DATE= I-OCT-1997 JN 12751 I~X~ImIT "C" TEMEKU HUJ.$ GOLF COURSE TEMEKU RESIDENT RATE PROPOSAL WINTER: WEEKDAYS 10:00 AM - 12.:30 PM (?.$ HRS.); BEFORE 7'30 AM (.5 HRS.) SUMM~=R: WwI~KDAYR 11:00 AM - t:30 PM (? E HIt-~,t: rt~eFr~R~ ?:30 AM (1.0 HR~.) JANUARY $9,660 28 golfers x 3.0 nrs. x 23 aays x $5.00 FEBRUARY $8,400 28 golfers x 3.0 hrs. x 20 clays x $5.00 MARCH $8,S20 28 golfers x :3.0 I',a. x 21 days x $5.oo APRIL $0,240 28 golfe~ x 3.0 hm. x 22 ~ x ~.~.00 MAY $10,780 28 golfers x 3.5 hrs. x 22 da~ x $5.00 JUNE ,Ii10,290 28 golfera x ;~.5 hrs. x 21 daTs x $5.00 JULY $11,270 28 golfers x 3.5 hrs. x 23 days x $5.00 AUGUST $10,290 28 golfers x 3.5 hrs. x 21 days x SEPTEMBER' $10,780 28 g~lfer~ x 3.5 hrs. x 22 days x $5.00 OCTOBER $11,270 28 golfers x 3.5 ~ x 23 days x $5.00 NOVEMBER $8,400 28 golfera x 3.0 hm. x 20 day~ x DECEMBER $9,660 28 ~oifem x '3.0 hm. x 23 days x $5.00 WINTER: WEEKENDS 10:30 AM - 12:30 PM (2.0 HRS,) SUMMJ=R: W;:FK[::Nr~ t,!:m] AM - 1:30 PM (?; HIFa-~J JANUARY $3,136 28 golfers x 2.0 hrs. x 8 days x $7.00 FEBRUAIK¥ $3,1~ 28 goKem x 2.0 hm. x 8 day~ x $7.00 MARCH $3,920 28 golfers x 2.0 hrs. x 10 days x $7.00 APRIL $3,136 28 got'ers x 2.0 hrs. x 8 ;lays x $7.00 MAY $4,410 28 golfers x 2.5 hrs. x 9 days x $7.00 JUNE $4,410 28 golfers x 2.5 hrs. x 9 days x $7.00 JULY $3,920 28 golfers x 2.5 hm. x 8 days x $'7.00 AUGUST $4,900 28 golfers x 2.5 hrs. x 10 days x $7.00 SEPTEMBER $3,920 28 golfers x 2.5 hrs. x 8 days x $'/.00 OCTOBER $3,920 28 golfers x 2.5 hrs. x 8 days x $7.00 NOVEMBER $3,920 28 golfers x 2.0 hrs. x 10 days x $7.00 DECEMBER $3,136 28 aolfers x 2.0 hrs. x 8 days x $7.00 C:~MYDOCI ~,I~TMK~! FnS.WK4 ~q~..~qep,,97 1~-'t7 PM ATTACHMENT NO. 6 SEPTEMBER 8, 1997 PLANNING COMMISSION STAFF REPORT STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 8, 1997 Planning Application No. PA97-0142 (Tentative Tract Map No. 23371- Revised) Planning Application No. PA97-0143 (Tentative Tract ~ No. 28526) Planning Apldication No. PA97-0144 {Tentative Tract Map No. 28482) Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199) Planning Application No. PA974)161 (General Plan Amendment) Planning Application No. PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village "A') Prepared By: Carole Donahoe, Project Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: MAKE a Determination of Consistency With a Project for Which an Environmental Impact Report (EIR) was Previously Certified and Findings that a Subsequent EIR is not required; e AnnPT Resolutions No. 97- through No. 97- recommending the City Council approve Planning Application Nos. PA97-0161 (General Plan Amendment), PA97-0160 (Amendment No.3 to Specific Plan No. 199), and PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village 'A") respectively, based upon the Analysis and Findings contained in the Staff Report; and AnnPT Resolutions No. 97- through No 97- approving Planning Application Nos. PA97-0142 (Tentative Tract Map No. 23371- Revised), PA97-O143 (Tentative Tract Map No. 28526), and PA97-0144 (Tentative Tract Map No. 28482) respectively, subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Temeku Hills Development Partners, L.P. McMillin Project Services, Inc. REPRESENTATIVE: Mr. Csaba Ko, Consultant Mr. Barry Burnell, T & B Planning Consultants Mr. David Jeffers, Rick Engineering R:'~ST~I42PAF7.1)C 9/3~97 ~ I PROPOSAL: To change the General Plan density designations from Low Medium Density Residential (3-6 dwelling units per acre maximum) to Low Density Residential (0.5-2 dwelling units per acre maximum) within Planning Area 2; from Neighborhood Commercial to Medium Density Residential (7-12 dwelling units ~ acre minimum) within Planning Area 38; and from Medium Density Residential (7-12 dwelling units per acre maximum) to Low Medium Density Residential (3-6 dwelling units per acre maximum) within Planning Area 40; all within Specific Plan No. 199 (Margarita Village). B. To request approval of Amendment No. 3 to Specific Plan No. 199, Margarita Village. To request approval of Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village 'A'. To subdivide 74.5 acres into 368 single family residential lots, 2 landscape lots and 2 open space/recreationel lots (Tentative Tract Map No. 28482). To subdivide 6.04 acres into 44 single family residential lots (Tentative Tract Map No. 28526). To revise the subdivision of 118.3 acres within Tentative Tract Map No.23371 creating 474 single family residential lots and a park site. LOCATION: South of La $erena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan. EXISTING & PROPOSED GENERAL PLAN DESIGNATIONS: Very Low/Rural Density Residential Low Density Residential Low Medium Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Public and Institutional Facilities Open Space/Recreation 0.2 to 0.4 dwelling units per acre maximum 0.5 to 2 dwelling units per acre maximum 3 to 6 dwelling units per acre maximum 7 to 12 dwelling units per acre maximum 13 to 20 dwelling units per acre maximum EXISTING ZONING: Specific Plan EXISTING LAND USE: Temeku Hills Golf Course and Clubhouse, Fairway Point and Ironwood subdivisions, and vacant, partially graded land. PROJECT STATISTICS Total Area: Existing Dwelling Units Allowed: Proposed Number of Dwelling Units: 1,526 acres 4,047 units 3,922 units (Reduction of 125 units) Existing Acreage for Commercial Uses: Proposed Acreage for Commercial Uses: 13.7 acres 6.2 acres (Reduction of 7.5 acres) BACKGROUND Specific Plan No. 199 (Margarita Village) was originally approved by the Riverside County Board of Supervisors on August 26, 1986 through Resolution No. 86-355. Specific Plan Amendment No. I was approved by the Board of Supervisors on September 6, 1988. Subsequent to incorporation the Ternecula City Council approved Specific Plan Amendment No. 2 on March 26, 1996, removing the 'Retirement-Oriented Housing" restriction on a portion of the site. Village 'A" of the Specific Plan comprises the "Temeku' portion, and three vesting tentative tract maps (VTTM) originally covered this portion - VTTM 23371, 23372 and 23373. Vesting Tentative Tract Map 23371 was divided into fifteen (15) phases, and six of the phases have recorded. The subject applications were submitted to the Planning Department on May 6, 1997 and May 14, 1997 and were all processed concurrently. The applicant met separately with the staff from the Temecula Community Services Department, Planning Department and Department of Public Works to'clarify and resolve specific issues. A formal Development Review Committee (DRC) meeting was held on June 18, 1997 and a follow up meeting was held July 17, 1997. PROJECT DESCRIPTION Planning Applic;tion No. PA~7-O161 (~ener~l Plan Amendment} The General Plan Amendment proposes to change the General Plan density designations to more accurately reflect the reduction in housing units and the elimination of the Neighborhood Commercial designation in Planning Area 38. The following table summarizes the proposed changes to the General Plan as well as the three planning area changes propeed within the Specific Plan: Planning Existing GP Existing Density Proposed GP Proposed Area # Designation Range Designation Density 2 Low Medium 3 - 6 du/ac -~ 38 Neighborhood Commercial :". '~i "..."~:~ 40 Medium 7 - 12 du/ac =~...,..~ :...4..:-:.~ 41 Low Medium 3 - 6 du/ac No Crmnge 5.59 42 Medium 7 - 12 du/ac No C~nge 11.99 43 Low Medium 3 - 6 du/ac No Crmnge 4.6 Planning Apolication Nn. PA97-0160 (Amendment No. R to .~j~ecific Plan Nn. 1~q9) Amendment No. 3 to the Specific Plan proposes to reflect the reduction of dwelling units, the elimination of commercial acreage at the northwest corner of' Rancho California Road and Meadows Parkway, the addition of a 12.5 acre public park at the southwest corner of La Serena and Meadows Parkway, and revisions to roadway cross-sections, design guidelines and development standards, all within Village 'A." Planning AnDlic=tion No. PA97-OP04 (Amendment and Restatement of the r~eveloDment A~Treement for Soecific Plan No. 199. Village The applicant proposes to amend and restate the Development Agreement (DA) for that portion which covers Village 'A.' The proposal updates the language of the DA with respect to the Memorandum of Understanding approved by the City Council on May 1, 1996. Additionally, adjustments are proposed reflecting the dedication of the 12.5 acre public park at the southwest corner of La Serena Way and Meadows Parkway. Planning Apnlieation No. PA~7-O144 (Tentative Tract M~p No. :~R4R3) The applicant has submitted Tentative Tract No. 28482 to subdivide 74.5 acres into 368 single family residential lots, two landscape lots and two open space/recreational lots, on property adjacent to Meadows Parkway and Rancho California Road. This map covers that portion of the Specific Plan which was originally approved for Retirement Oriented Housing and Neighborhood Commercial, and which had approved Vesting Tentative Tract Maps No. 23372 and 23373 covering the site. The Retirement Odented Housing designation was removed under Amendment No. 2, and the original VTTMs were allowed to expire on November 8, 1988. Planning ADplication No. PA~7-O14R (Tentative Tract Mal~ No. 9R5:~6! The applicant has submitted Tentative Tract Map No. 28526 to subdivide 6.04 acres into 44 single family residential lots with a minimum lot size of 5,220 square feet, on the north side of Rancho Califomia Road, between Margarita Road and Meadows Parkway. This new map covers a portion of recorded Tract Map No. 23371-3 which was originally designed for 62 dwelling units with a minimum lot size of 3,500 square feet, on 7.5 acres for a density of 8.27 dwelling units per acre. Planning AD01ication Nn. PA~7-0149 (Tentative Tract M~0 No. 9RR71- Revised) The applicant has submitted revisions to Tentative Tract Map No. 23371, covering Planning Areas 34, 37, 41, 42 and 43, generally located south of La Serena Way, between Margarita Road and Meadows Parkway. The new map has reconfigured the amount of acreage within the Planning Areas, and redesigned the layout of lots generally to accommodate larger lots for single family product types. R:~~I42PA97.1~ 9/3/97 Idb 4 ANALYSIS A. The following discussions refer primarily to the Specific Plan Amendment: The 1~.5 acre Fk~hlic P=rk The applicant has included · conceptual design for a 12.5 acre public park that meets the requirements of the Temecula Community Services District (TCSD). The site is at the intersection of La Serena and Meadows Parkway across from Rancho Elementary School, and is accessible to vehicles both from La Serena and Meadows Parkway. Pedestrian access is also provided from interior residential streets within Village "A'. The park is expected to offer a variety of recreational amenities designed to meet the needs of the local residents, including a junior Olympic swimming pool, picnic area, soccer and lighted softball fields, children's play area and snack ber/restrooms. The park shall be constructed by the applicant to the standards of the TCSD and dedicated for ownership and maintenance by TCSD. Ro=d =nd I~Jhlic Facilities Revisions Amendment No. 3 to the Specific Plan proposes revisions to the road and public facilities system within Village 'A" of the Specific Plan. Roadways are designed to be both public and private, and proposed roadway cross-sections have been reviewed and accepted by the City Engineer. Horizontal and vertical design criteria have been reviewed and deemed adequate in light of existing constraints. Additionally, the Specific Plan includes design guidelines for golf cart crossings within the text. The applicant also proposes to extend a reclaimed water main ohsire to use reclaimed water from Rancho California Water District (RCWD) for the golf course. MAr~,ee Mon,ment=tion The applicant proposes to use the main project monumentetlon at the intersection of Rancho California Road and Margarita Road to present community service messages as well as clubhouse and golf course events. During the marketing phase of the project, the marquee may announce project openings and sales events, but pricing and terms-of-sale shall be strictly prohibited. Staff believes that integrating this marquee sign into the project monumentetlon is appropriate and supports the language in the Specific Plan. Architect-r=l .~tyle The applicant proposes a variation in architectural design from the originally approved Spanish/Mediterraneen to early California Spanish. The proposed style is compatible and complimentary to portions of the specific plan already constructed, yet 'updates" the specific plan with contemporary features such as vaulted ceilings, gered entries, and balconies. Staff supports the proposed changes. M-lti-F~mily Area Planning Area 42 is located adjacent to the golf course in the interior portion of Village 'A". It is proposed for high density residential development. However, the applicant has not submitted a product design at this time. The lotting of the area is proposed to facilitate future phasing and construction. No construction will occur without the proponent first filing Development Plans for City review and approval. Without a separate Development Plan R:~TAPFBY~t42P&97.PC 9f3/97 Idb 5 approval, the applicant would be limited to the construction of single family detached homes on each of the fifteen (15) lots proposed for Planning Area 42. Rlope M~intenance The applicant has proposed that all perimeter slope areas along public streets and adjacent to single family residential development be offered for dedication to the City as a maintenance easement. All other interior slopes and open spaces are proposed for maintenance by the homeowner's association. A color exhibit indicating the slope areas, maintenance responsibility, and access points to these areas is included in the Commission packets, and an enlarged exhibit will be displayed at the Commission's public hearing. The proposed maintenance delineation is acceptable to the Community Services District. B. The following discussions refer primarily to the proposed tract maps: Physical ~.onstraints and MqD rle.~ign The applicant's proposal to redesign portions of this partially developed specific plan is constrained by the infrastructure already in place. The primary feature of the site, the Temeku Hills Golf Course end clubhouse, is constructed and operational. In addition, many of the water mains, storm drains and arterial street system (Rancho California Road, Margarita Road, La Serena Way, Meadows Parkway, Honors Drive, Temeku Drive and Tee Drive) are also in place. Lastly, the existing Metropolitan Water District easements traverse the site in a north-south direction both on the western side and eastern side of the project, and traverse the site in a east-west direction nearly through the middle of the project. These physical constraints eliminate most alternatives and redesign optiones for the proposed maps. ! ot ! ength-to-Width R~tio In several areas of the Temeku Hills project, proposed lots exceed the City's maximum length- to-width ratio of 2:1 as established by Ordinance 460. In some cases, the standard ratio is exceeded due to the amount of slopes on the lots. In all cases, the lots in question exceed the minimum lot sizes required by the Specific Plan and, according to the applicant, will be marketed as premium lots. The applicant has indicated that all lots will have a minimum flat useable pad area that equals the area provided on a conforming lot. Tentative tract maps previously approved for the site were granted a waiver from the length-to-width requirement. The applicant requests the same consideration for these proposed maps. Staff supports their request. Rear and Ride Yard Fencing In several areas of Tentative Tract Map 23371, individual lots are proposed that are bordered by more than the typical three adjacent properties. Due to the design of the lots, some lots have as many as nine (9) neighbors. Staff was concerned that this could result in a confusing and chaotic fencing arrangement in some circumstances. The applicant has addressed this concern by providing common themad rear and side yard fencing within the tracts so affected and by attempting to limit these situations to the maximum extent feasible. With this condition in place staff has no further concerns with this issue. 9/3/97 ]db 6 T-rn-in ~r~ge t'~tion The applicant has proposed a turn-in style garage option for both standard vehicles and golf cans for products constructed within Village 'A." Public Works has reviewed the feasibility of this option, and for safety and ease of use, recommends that turn-in garages for standard vehicles be permitted on lots with s frontage width of at least 45 feet. Staff supports this design feature and believes that it will encourage a broader range of housing styles within the community. ENVIRONMENTAL DETERMINATION Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors on August 26, 1986. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were.undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore. Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts, beyond those analyzed in the previous EIR and subsequent studies, would result from the proposed project. changes in circumstances, or from new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certif'~cl EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. SUMMARY/CONCLUSIONS The applicant has proposed Amendment NO. 3 to Specific Plan No. 199 in order to respond to the demand for family-oriented housing and community amenities within the Temeku Hills development. Overall, the proposal seeks to reduce the number of dwelling units allowed, eliminate the commercial uses at the northwest comer of Rancho California Road and Mesdows Parkway, increase lot sizes, add a 12.5 acre public park and update the design guidelines for Village 'A." Staff supports the proposed changes because they enhance the Specific Plan and the surrounding community. R:~STAFI~,PT~I~2PA97.PC 9/]~7 k~ 7 FINDINGS I=l,,,m:'tg Ap~i~--~n No. PA~?-0161 (~,m,~M PI,m Arn~q,~m,mtl 1. Planning Application No. PA97-0161 (General Plan Amendment) as proposed is compatible with the health, safety and welfare of the community. The project is compatible with surrounding land uses. Ultimate development of the site will be residential development in an area that is comprised of a variety of residential neighborhoods. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. Pl~mniqg A~p!iem~,~ No. PA.q7-01P~0 (Ama[]dillf~ Nn.~ to .~J~,~Jfic PI,~ No. 1~! Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the community.. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) is consistent with the goals and policies of the City's adopted General Plan. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultimate development will be residential development in an area that is comprised of a variety of residential neighborhoods. The proposal will not have an adverse effect on surrounding property because it does not represent · significant change to the planned land usa of the site and is consistent with the overall concept of Specific Plan No. 199. The amendment to Specific Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 202. ~I]M]g. AMi~i'MMn In. pA-c17-0704 LAnlM]dl]]lmt Mr4 R.~=t~l~.,~_~ of nevMqEn---tt A1]rMrnent for ~j~n~fir P!Mt N~. l~qq. Vili~l- A! The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City ordinances and Specific Plan No. 199. R:~rAIaD, P~I42PA97.1*C ~ ~ 8 J~lll~q;q~; Ai;~li,-A~lon Nn. pA.ct7-0144 IT,mtmtivm TrkJt Mql; Nn. 9R4Rg! The proposed land division and the design or improvement of the project is consistent with the proposed General Plan designation and Specific Plan No. 199. The site is physically suitable for the type and density of development. The proposed General Plan Land Use designations for the site are Low-Medium Density Residential (3-6 dwelling units per acre) and Medium Density Residential (7-12 dwelling units per acre). Planning Area 40 proposes 198 residential parcels on 40.1 acres for a density of 4.94 units per acre and is consistent with the Low Medium designation. Planning Area 38 proposes 181 dwelling units on 29.3 acres for a density of 6.18 units per acre and is consistent with the Medium designation. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents end conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed lend division. The project will take access from La Serena Way, Meadows Parkway, and Rancho California Road, and will not obstruct any easements. The map as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. The design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an infill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. PI,mnino App"e,,tlon No. PA~7-014~ (Tant~ive Trnnt Mqp Nn. :~RS~;;! The proposed land division and the design or improvement of the project is consistent with the City's General Plan and Specific Plan No. 199. The site is physically suitable for the type and density of development. The project proposes reduction of dwelling units from 62 to 44 residential parcels on 6.04 acres for a density of 7.28 units per acre. This is consistent with the General Plan Land Use designation for maximum density on the site. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. · : ~TAFlmI~142PA97 .!~ 9/3/97 9 II The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within .the proposed land division. The project will take access from La Serena Way, Meadows Parkway, Rancho California Road and Margarita Road, and will not obstruct any easements. The map as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. The design of the proposed land division or proposed improvements is not likely to cause substantial environnm~tal damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site has been previously graded and partially developed. There is no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-sits. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. P!,mning A~ic~-n Nn. PA-Cl7-014~ IT,mt=tiv- Trent Mql~ No. ~R~71- R,~vis~l! The proposed land division and the design or improvement of the project is consistent with the City's General Plan and Specific Plan No. 199. The site is physically suitable for the type and density of development. The project proposes residential densities consistent with the General Plan Land Use designations for Planning Areas 34, 35, 37, 41, 42 and 43. Tentative Tract Map No. 23371 was originally approved in 1988; the revision proposes increased lot sizes and a new 12.5 acre park site. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to Specific Plan and/or City Standards. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from La Serena Way, Rancho California Road, Meadows Parkway and Margarita Road, and will not obstruct any easements. .The map as proposed conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. The design of the proposed land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site has been previously graded and partially developed. There is no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Attachments: e Planning Commission Resolution for Planning Application No. PA97-0161 (General Plan Amendment ) - Blue Page 12 Planning Commission Resolution for Planning Application No. PA97-0160 (Specific Plan Amendment No. 3) - Blue Page 16 A. Conditions of Approval - Blue Page 20 Planning Commission Resolution for Planning Application No. PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village 'A") - Blue Page 21 Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village A - Blue Page 24 Planning Commission Resolution for Planning Application No. PA97-O144 (Tentative Tract Map No. 28482) - Blue Page 25 A. Conditions of Approval - Blue Page 29 Planning Commission Resolution for Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) - Blue Page 30 A. Conditions of Approval - Blue Page 34 Planning Commission Resolution for Planning Application No. PA97-0142 (Tentative Tract Map No. 23371-Revised) - Blue Page 35 _ A. Conditions of Approval - Blue Page 39 initial Environmental Assessment dated August 20, 1997 - Blue Page 40 Exhibits - Blue Page 41 B. C. D. E. F. G. H. Vicinity Map General Plan Map Existing Specific Plan No. 199 - Land Use Map Proposed Specific Plan No. 199 - Land Use Map Maintenance Responsibility Exhibit Tentative Tract Map No. 28482 Tentative Tract Map No. 28526 Tentative Tract Map No. 23371 - Revised a:~ST~t421'&97.PC 9/3/97 i~ 11 ATTACHMENT NO. I PC RESOLUTION NO. 97- PA97-0161 ATI'ACHMENT NO. 1 PC ~LUTION NO. 97- A ~LI~rION OF THE PIANNING COMMt~ION OF THE CITY OF T~MEC~JlA RECO~ING THAT THE CITY COUNCIL APPROVE 1N. ANNING APPLICATION NO. PA97-0161 GENERAL PLAN AMENDMENT ON PARCELS TOT~L~G 82.4 ACRES LOCATED NORTH AND SOUTH OF LA SE1/~A WAY, EAST OF MARGARITA ROAD, WEST AND EAST OF MEADOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD, ~ THE MARGARITA V~.L&GE SPECIFIC PLAN W~, Temekn Hills Development Partners, L.P. filed Planning Application No. PA97-0161 in accordance with the City of Ternecula General Plan and Development Code; W~, Planning Applicatiou No. PA97-0161 was processed in the time and manner prescribed by State and local hw; ~, the Planning Commission co~ Planning Application No. PA97-0161 on September 8, 1997, at a duly noticed public hearing as prescribed by hw, at which time interested persons had an oppoxtunity to testify ~ither in support or in opposition; WHEREAS, at the public heating, upon hearing and considering aH testimony and arguments, if any, of all persons deering iv be heard, the Cornmi.~on considered atl facts relating to Planning Application No. PA97-0161; NOW, THEREFORE, THE PLANNING COMML~SION OF THE CITY OF TEMECULA DOES ~LVE, D~ AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Seellon 2. Fiadirgs. The Planning Commission, in recommending approval of Planning Application No. PA97-0161, makes the following findings; to wit: A. Plann~g Application No. PA97-0161 (General Plan Amendment) as proposed is compatible with the health, safety and welfare of the community. B. The project is compatible with surrounding land uses. Ultimate development of the site will be residential development in an area that is comprised of a variety of residential ncighborhoocls. R: ~TAPFBPT~ i 42PA97 .PC 9/3/97 C. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and po 'lu~es of the adopted City General Plan. Section 3. F.,vimnm~.ntnl ~..on~plinnce. ~.rlvifonm~tnl Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisor. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and at Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the o 'nginal environmentnl analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analy-zed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, stnff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CE~A).Guidelines, no additional EXR is required unless additimml impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new infornmtion that could not have been known at the time the ~rR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. PASS~'~rt, APPROVED AND ADOPTED this 8th day of Septemb , 1997. I [H~g. Ry CERTIFY that the foregoing 11_e~olulion wa~ duly adotm~ by the Planning Commission of the City of Temecula at a regular meeting thel'eof, held on the 8th day of September, 1997 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ATTACHMENT NO. 2 PC RESOLUTION 97- PA97-0160 A'ITACIiMENT NO. 2 PC RF.,9OLLFI'ION NO. 97- A RESOLUTION OF THE PLANNING COMEOSSION OF ~ CITY OF TIDIECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA97-0160 (SPECIFIC PLAN AMEND~ NO. 3) FOR SPECIHC PLAN NO. 199 CONTAINING 1,$26 ACRES GENERALLy LOCATED SOUTH OF LA SERENA WAY, EAST OF MARGARrrA ROAD, WEST OF MEADOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD ~, Ternelm Hills Development Partners, L.P. f'tlecl Planning Application No. PA97-0160 in accordance with the City of Temecula General Plan and Development Code; WIiERF_,AS,. Planning Application No. PA97-0160 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Comwi-~ion considered Planning Application No. PA97-0160 on September 8, 1997, at a duly noticed public heating as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all pexsons desiring to be heard, the Commission consid_exed all facts relating to Planning Application No. PA97-0160; NOW, TUi~RE, THE PLANNING COMM~SION OF THE CITY OF TEMF_,CULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findir!gs. The Planning Commission, in recommending approval of Planning Application No. PA97-0160, makes the following findings; to wit: A. Planning Application No. PA97-0160 (Amendmere No. 3 to Specific Plan No. 199) as proposed and cooai0oned is compatible with the health, safety and welfare of the community. B. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199)is consistent with the goals and policies of the City's adopted General Plan. C. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultim~_e development will be residential development in an area that is comprised of a variety of residential neighborhoods. R:~TAFFRIV~I42PA97.1sC 9/3~97 klb ] 7 D. The proposal will not have an adverse effect on surrounding pro~.,ty because it does not represent a significant change to the planned land use of the site and is consistent with the overall concept of Specific Plan No. 199. E. The ammdment to Speci~ Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 202. Section 3. F. nvironmenml Compliq/~ce. F. nvironmerltal Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of S~. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaicen to update and complement the original ~IR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential clmnge in circumstances, specifically traffic, noise, and lighting, staff requested a,~i~ion~i information from the applicant. Based upon Staff's analysis, the project is consistent with the information contorted in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the C. alifomia Environmentnl Quality Act (CEQA) Guidelines, no additional EI~ is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the F_.IR, or new information that could not have been known at the time the ~ was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis i~ required. Section 4. Cxmaitloo.,. That ~e City of Temecula Planning Commission hereby approves Planning Applicadon No. PA97-0160 Specific Plan Amendment No. 3 to Specific Plan No. 199 generally located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita V'filage Specific Plan, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part-hereof. R:~TAFFRFr~i42PA97.PC 9B/97 Mb 18 Section $. PASSK~, APPROVI~F) AND ADOPTi~ this 8th day of September, 1997. Lmd Fm , Chmn, I HEREBY CERTIFY that the foregoing Resoluti~ was duly adoptecl by the Planning Commition of the City of Temecula at a regular meeting thereof, held on the 8th day of September, 1997 by the following vote of the Commission: PLANNING COMMISSIONERS: NOF, S: PLANNING COMMISSIOn: PLANNING COMMISSIONEI~S: R: %STAFFRP~ 142PA97.1~ 9/3/97 EXHIBIT A CONDITIONS OF APPROVAL PA97-0160 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plea No. 199) Project Description: A reduction of dwelling units from 4,047 units to 3,922 units: a reduction of acreage proposed for commercial devdopn~.~t from 13.7 acres to 6.2 acres {eliminating the commercial uses on 7.5 acres at the northwest comer of Meadows Parkway ead Reecho California Road) all with Specific Plea No. 199 - Margarita V'dlage PLANNING DEPARTMENT General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et ~J3., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. The applicant shall comply with all underlying conditions of approval for Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. The text of Amendment No. 3 to Specific Plan No. 199 shall conform with Exhibit No. ,., 'Margarita Vdlaga Amendment No. 3 of Margarita Village Specific Plan No. 199," dated August 1997, or as amended by these conditions. The text of Amendment No. 3 to Specific Plan No. 199 Zone Standards shall conform with Exhibit No. , "Margarita Village Amendment #3 to Margarita Village SP Zone Standards," dated August 1997, or as amended by these conditions. J Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. e No construction shall occur within Planning Area 42 of Specific Plan No. 199 without the proponent first filing Development Plans for City review and approval, unless single family detached homes are proposed on each of the fifteen (15) lots. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Within Thirty (30) Daya From the Second Reading of The Ordinance Approving the Amendment 8. The applicant shall submit the Amended Specific Plan text to the Planning Department. TEMECULA COMMUNITY SERVICES DISTRICT Community Services offers the following Conditions of Approval for the aforementioned Specific Plan Amendment for Temeku Hills: GENERAL REQUIREMENTS: 10. 11. 12. 13. 14. 15. The park land dedication requirement (Quimby) for the Temeku Hills Development shall be satisfied with the development and dedication of a 12.5 acre community park located within Planning Area 44. The design of the community perk in Planning Area 44 shall be in conformance with the conceptual design identified within the Specific Plan. The actual park size shall be determined upon submittal of the subdivision maps for the area. Ballfield lighting shall be provided at the Community Park to allow for night use of the playing fields. The developer, or his successor, shall provide a disclosure to all properties adjacent to the Community Park regarding the use of ballfield lighting. All proposed public park facilities shall provide for pedestrian circulation and handicapped accessibility pursuant to the American Disability Act (ADA) Standards. The installation of all landscape materials and irrigation equipment for the public park sites, slope areas, parkway landscaping, and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. Construction of the community park, medians, and perimeter slope areas proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. Park facilities, and/or other recreational areas, intended for transfer to the City "in-fee" shall be dedicated free and clear of any liens, assessments, or easements that would preclude the City from using the property for public park and/or recreational purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 16. 17. 18. 19. PRIOR 20. 21. PRIOR 22. PRIOR 23. 24. The developer shall complete the TCSD application and dedication process prior to the acceptance of street lighting and perimeter slopes areas into the respective TCSD maintenance programs. The developer shall maintain the park facilities, slopes, and medians until such time as those responsibilities are accepted by the TCSD or other responsible party. All exterior slopes contiguous to public streets that are adjacent to single family residential development shall be maintained by an established homeowner's association until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior slopes, open space, perimeter walls, and entry monumentetlon shall be maintained by the homeowner's association. Slopes and landscaping adjacent to commercial development shell be maintained by the property owner. or other approved private maintenance association. Bike lanes and recreational trails shall be provided on site and designed to intercept with the City's Park and Recreation Master Plan. Class II Bike Lanes shall be completed in concurrence with the street improvements. TO RECORDATION OF THE FINAL MAP: Prior to recordation of final maps, landscape construction drawings for any respective public park, slopes, and landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. If the community perk has not been completed prior to the recordation of the final map for Planning Area 44, then the developer shall enter into an improvement agreement and bond for the park improvements prior to recordation of said map. TO ISSUANCE OF BUILDING PERMITS: The community park in Planning Area 44 shall be improved and dedicated to the City prior to the issuance of 608th overall residential building permit within Village A. TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. I have read, understand and accept the above Conditions of Approval. Applicant Name ATTACHMENT NO. 3 PC RESOLUTION NO. 97- PA97-0204 R:~T~I42PA97.1~ 9/3/97 klb 2 1 ATTACHMF~NT NO. 3 PC RE,~LUTION NO. 97- & RESOLUTION OF THE PIANNING COMMI,~SION OF THE crrY OF TEMECULA ~MNfi~NDING THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA97-0204 ~MF~NT AND RESTA~ OF DEVELOPMIO~ AGREEMF~NT FOR SPECIFIC PLAN NO. 199, VII. J. AGE A (MARGARITA VILLAGE) WHEttEAS, Temeku Hills Development Panners, L.P. filed Planning Application No. PA97-0204 in accordance with the City of Temecula General Plan and Development Code; ~, Planning Application No. PA97-0204 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0204 on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; wH!ae, EAS, at the public hearing, upon hearin~ and considering all testimony and arguments, ff any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA97-0204; NOW, THKR~IrORE, THE PLANNING COMMI,~SION OF ~ CITY OF TF~MF_,CULA DOES RF...qOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That hhe above recitations are Irue and correct. Section 2. Finaings. The Planning Commission, in recommending approval of Platming Application No. PA97-0204, makes the following findings; to wit: A. The development to be carried out pursuant to the Development Agreement is consistent with the ~ Plan. B. The Development Agreement and _the development to be carried out hereunder complies with all other applicable requirements of State law, City ordinances and Specific Plan No. 199. Section 3. F. nvironrnentnl Compllnnce. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjum'tion with Amendment No. 2 to the Specific Plan, a number of additional studies wc~c undertaken to update and complement the original EIR. The additional studies, a R:~qTAt~I42PA97.PC 9/3/W/~ ~ geotechnical study, traffic study and a Kangaroo Rat trapping and updat~ study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new i~onnation. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified BIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEMA) Guidelines, no additional BIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the F_JR, or new information that could not have been known at the time the EIR was prelxu'ed becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. PASS{~n, APPROVED AND ADOFFED this 8th day of September, 1997. I IFKR~ay 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 8th day of September, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COM1dlSSlOl~: PLANNING COlVfiVlIS$IO~: Debbie Ubnoske, $ecretsry EXHIBIT A AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT FOR SPECIFIC PLAN NO. 199, VILLAGE A RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (Space Above Line For Recorder's Use) AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199, VILLAGE A PLANNING AREAS 33 to 38, 40 to 44 and 46 PLANNING APPLICATION NO. PA 97-0204 "MARGARITA V~J~&GE" TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. UDC HOMES, INC. - AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. and UDC HOMES, INC. This Amendment and Restatement of Development Agreement ("Agreement") is entered into by and among the City of Temeeula, a California Municipal Corporation ("City") and Temeku Hills Development Partners, L.P., a California limited parmership ("Tcmeku Hills"), and UDC Homes, Inc. a California corporation ("UDC"). Temeku Hills and UDC are sometimes referred to herein collectively as "Owner." A. Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Margarita Village Development Company (Buie-Rancho California and Nevada-Rancho California) and others and the County of Riverside, California ("County") entered into Development Agreement No. 5 recorded in the Official Records of Riverside County, California on November 7, 1988, as Instrument No. 325515 ("Development Agreement No. 5"). B. Development Agreement No. $ encompasses a project formerly located within County approved S. pecific Plan No. 199 known as "Margarita Village," a mixed use subdivision, (the "Original Project"), to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, a 472 acre residential development located in a portion of Specific Plan No. 199, Village A, known as Temeku Hills Golf and Country Club (the "Project"). The balance of the Original Project covered by Development Agreement No. 5 not included within this 472 acre portion of Specific Plan No. 199, Village A, is not amended or impacted by this Agreement. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. 5 upon incorporation of the City. Pursuant to Temeku Hills obtaining title to the Project as recorded in the Official Records of Riverside County, California on May 3, 1996 as Insmunent No. 162332, and UDC obtaining title to a portion of the Project from Temeku Hills as · recorded in the Official Records of Riverside County, California on April 18, 1997, as Iustnunent No. 132180, and pursuant to the provisions of Development Agreement No. 5, Temeku Hills and UDC became successors-in-interest to the "Owner" described in Development Agreement No. $. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 5 to substitute this Agreement for Development Agreement No. 5, but only to the extent Development Agreement No. 5 pertains to the Project. mcmillink:ombined.da/1 ss~.oolto~ -2- E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By entering into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of Members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in this Agreement. (]. The terms and conditions of this Agreement have undergone extensive review . by the staff of the City, the Planning Commission of the City, and the City Council of the City and have been found to be fair, just, and reasonable. H. The City finds and determines that it will be in the best interest of its citizens and the public health, safety and welfare will be served by entering into this Agreement. I. All ofthe procedures and requirements of the California Environmental Quality Act relevant to this Agreement have been met. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City ("RSA Fees"). City requires these revenues to ~tifigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the Project. K. Development Agreement No. 5 provided for public facilitieS'and services impact fees ("County Development Agreement Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Development Agreement Fees or RSA Fees. Consequently, after extensive study, and public input and hearings, the City has adopted a Development Impact Fee for detached units of $2,934 per unit and for attached units of $2,114 per unit. Therefore, the City is willing to reduce the County Development Agreement Fees for residential development in the Project to the level contemplated by this Agreement. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include without limitation: .j (1) (2) (3) (4) (6) completion of vacant lots in Project; payment of signal mitigation fees; payment of library fees; payment of park fees; payment of Fire Protection Impact Fees; and payment of Street System Impact Fees. All of the fees described above are a part of, and included within, the Public Facilities Fee contemplated herein. M. The City and Owner acknowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N. The City Council of the City has approved this Agreement by Ordinance No. adopted on , and effective on ("Effective Date"). On the Effective Date, Development Agreement No. 5 shall be terminated and of no further force and effect as to the Project only, having been replaced by this Agreement. NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and. sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires, the following words a~,d phrases shall have the meaning set forth below: 1.1 "City" is the City of Temecula. 1.2 "City Public Facilities Fee" is an amount established 5y Ordinance of City as more particularly defined in Section 12.3 of this Agreement. 1.3 "City's Quimby Requirement" means Owner's obligation to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, as more particularly def'med in Section 12.2 of this Agreement. 1.4 "County" is the County of Riverside. 1.5 "County Development Agreement Fee" means the County public facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 5. 1.6 "Development Agreement Fee" means the development agreement fee set forth in Section 12.6 of this Agreement. n~millin~.ombined.da/1 8,$36.001/(Y)O.~'/ -4'" 1.7 "Development Exaction" means any requirement of the City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.8 "Development Plan" means the Existing Development Approvals. 1.9 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30) days following the date the City Council adopted such Ordinance. 1.10 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the Effective Date, including, without limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County. 1.11 "Existing Land Use Regulations" means those Land Use Regulations listed on Exhibit B,. attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. 1.12 "Financing District" means a Community Facfiities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et ~.q., as amended); an assessment district formed pursuant to Landscaping and Lighting Act of 1972 (California Street and Highways Code Seelion 22500 .et seq. as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California Streets and Highway Code Section 10102, as amended); or any other special assessment district existing pursuant to Sate law formed for the purpose of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1.13 "Hazardous Substance" shall include, without limitation, any flammable explosives, radioactive materials, asbestos, polyehlorinated biphenyls, chemicals knovm to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5(e)(2), as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic substances or related materials. Notwithstanding the foregoing, "Hazardous Substances" shall not include substances eustomarily used in developing, operating or maintaining developments similar to the project, provided all such substances are used, stored, and disposed of in accordance with all applicable laws. '1 1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and written official policies of City, governing the development and use of land including without limitation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a) The conduct of businesses, professions, and occupations; (b) Services District; Taxes, assessments and rates and charges of the City's Community (c) The control and abatement of nuisances; (d) The granting of encroachmen~ permits and the conveyance of rights and interest which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. 1.15 "Owner" meatns Temeku Hills Development Partners, L.P., a limited parmership, UDC Homes, Inc., a California corporation, and any successors in interest to Temeku Hills and UDC 1.16 "Project" is the development of the Property in accordance with the Development Plan. I. 17 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.18 "Remaining Units" means all remaining residential dwelling units within the Project after the 60gth such residential unit, all as more particularly described in Section 12.5(b) of this Agreement. 1.19 "RSA Fee" means the fee established by County Ordinance No. 659, adopted by City by Ordinance No. 90.04. 1.20 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1.21 "Subsequent Land Use Regulation" means any Land Use Regulation applicable to the Property adopted and effective after the Effective Date of this Agreement. mcmillin~nbi~d.d~/l 8~36.001/090397 -6- 2. Interest of Owner. Owner represents that it has the fee title interest in the Property and that all other persons holding legal or equitable interest in the Property are to be bound by this Agreement. 3. Exhibits. The following documents referred to in this Agreement are attached hereto, incorporated herein, and made a part hereof by this reference: Exhibit Designation Description B. C. D. Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Assignment and Assumption of Development Agreement Notice From Mortgagee Fee Matrix 4. Term. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years therearm, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of the final order after exhaustion of any appeals, directed against the City as a result of any lawsuit filed against directing the City to set aside, withdraw, or abrogate the approval by the City Council of the City of this Agreement. 5. Assignment. 5.1 Right to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et ~eq., or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, parmership, joint venture, firm~ or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations m-ising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number, where a true and correct copy of this Agreement may be . obtained from the Riverside County Recorder, in any grant deed or other document purporting to transfer the title or an interest in the Property during the term of this Agreement or any extension thereof. (b) Concurrent with any such sale, transfer, or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in the form attach.ed hereto as Exhibit D, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 . 'Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by the City, which release shall be provided by the City upon the full satisfaction by such transfe .rr. ing Owner of ALL of the following conditions: (a)- The Transferring Owner no longer has a legal interest in all or any part of the Property except as a beneficiary under a deed of true. (b) The Owner is not then in default under this Agreement. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph Co) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee has provided City with security equivalent to any security previously provided by the Transferring Owner to secure performance of its obligations hereunder. (e) The Transferring Owner has reimbursed the City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of A~reement with Respect to Individual Lots uvon Sale to Public and Completion of Construction. Notwithstanding Subsection 5.1, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: memillin~ombined. da/1 ~.0ouo~o~, -8- (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4 Subsequent A~ssimunent. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such requested interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and provided further that the City will be entitled to exercise its discretion in accordance with applicable law. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications with~ thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach oCthis Agreement shall defeat, render invalid, diminish, or impair the Lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form as attached hereto as Exhibit E, attached hereto and incorporated herein by this riferenee, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee, in the form set forth on Exhibit F,, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such notice. ~6.oot~o~9~ -9- (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other aff'u'mative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be extended based on the fact that a Mortgagee holds title to the Property for all or any part of the term of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. Pro{ect as a Private Undertaking/Relationship of Parties. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No parmership, joint venture, or other assbciation of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulathag the development of private property and the owner of such property. 9. Changes in Project. No change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval of the City. City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timing of Development. The parties acknowledge that Owner cannot at this time predict when, or the rate at which, the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties, it is the parties' intent to cure the deficiency by acknowledging and providing that the Owner shall have the right to develop the property in such order, at such rate, and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11. indemnity and Cost of Liti~,ation. 11.1. Hold Harmless. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indemnification requirement shall survive the termination or expiration of this Agreement. 11.2 Third Party Litigation Concerning Agreement. Owner shall indemnify, protect, defend, at its expense - including attorney's fees, and hold harmless City, its officers, employees, or agents against any loss, cost expense, claim, or counter-claim, complaint, or proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by any third party. City shall promptly notify Owner of any such claim, action, or proceeding and City shall cooperate in the defense. If City falls to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim,~ action, or proceeding. 11.3 Environmental Assurances. Owner shall indemnify, protect, defend with counae[ approved by City, and hold harmless City, its officers, employees,_agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interests, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action) · concerning a Hazardous Substance or hazardous wastes at'any place within the property which is the subject of this Agreement. The foregoing indemnity extends beyond the term of this Agreement and is intended to operate as an agreement pu~uant to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from 1/ability. .j ~:~.oo,ano-~w - 11- 11,4 Release. Owner, for itself, its successors and assign~s, hereby releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, S~tion 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or'because of the terms of this Agreement. 11.5 Reservation of Rights. With respect to Sections 11.1 through 11.4 herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorney's fees, upon billing and accounting therefor. 11.6 Survival. The provisions of this Section 11.1 to 11.6, inclusive, shall survive the termination of this Agreement. 12. Public Benefits. Public Improvements and Facilities. 12.1 Intent. The parties acknowledge and agree that this Agreement confers private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the Barties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2 Ouimbv Requirement. Temeku Hills shall satisfy its obligations to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same was incorporated by reference into the Temecuia Municipal Code by Ordinance No. 90-04 ("City's Quimby Requirement") as follows: (a) Temeku Hills shall dedicate to the City land for a fully improved park to be used for recreational purposes in accordance with the City's Quimby Requirement, in a size to be determined as set forth below, prior to the issuance of the 608th building permit for residential dwelling units in the Project. The size of the park described above in this Section 12.2(a) shall be calculated in the following manner: (i) Multiply the number of dwelling units in the Project by 2.59 (the average number of persons per dwelling unit), and then divide that sum by 1,000. (ii) Multiply the quotient obtained by the calculation in subparagraph (i) above by five (5) (the number of acres required per 1,000 people). n~miliifiN~xnbin~d .da/I ts~6.0o~ -12- (iii) The result of the multiplication 9brained in sub-paragraph (ii) above shall constitute the size of the park to be dedicated by Temeku Hills to the City, subject to reduction for the eredim set forth in Section 12.2(b) below. (b) The park described in Section 12.2(a) above shall be reduced in size by the following eredim: (i) An acreage credit determined by multiplying the size of the park determined in accordance with Section I2.2(a) by twenty-five percent (25%) for the Temeku Hills Golf Course located within the Project. (ii) A 2.5 acre credit for Veterans Park. (ii) An acreage credit of 1.10 acres determined by multiplying the 2.2 acre common recreational facilities located within the Project by fifty percent (50%). (c) By way of example only, if the number of dwelling units in the Project is 1,449, the size of the park to be dedicated by Temelcu Hills to the City pursuant to this Section 12.2 shall be as follow: 1,449 dwelling units x 2.59 persons, divided by 1,000, multiplied by 5 acres = 18.76 acre park; 18.76 acre park, less the following credits: (4.69) acre credit (25% golf course credit x 18.76 acre park) (2.50) acre credit for Veterans Park (I.10) acre credit for the common recreational facilities (2.2 acres x 50%). 10.47 acre park required (d) Upon dedication of the land for a park as provided in Section 12.2 (a) above, Temeku Hills' shall design and complete construction of park improvements thereon similar to other public parks of the same size and classification prior to the issuance of the 608th building permit for residential dwelling units in the Project. 12.3 Public Facilities Fee. In lieu of the County Development Agreement · Fee, Owner shall pay the City Public Facilities Fee for residential units as follows: (a) For each detached dwelling unit, the amount of Two Thousand Nine Hundred and Thirty-Four Dollars ($2,934.00), inclusive of Street System Impact Fees ($729.00), Traffic Signal and Traffic Control System Fees ($109.00), Parks and Recreation Impact Fees ($1,611.00), Corporate Facilities Impact Fees ($222.00), Fire Protection Impact Fees ($55.00) and Library Impact Fees ($208.00). (b) For each attached dwelling unit, the mount of Two Thousand One Hundred and Fourteen Dollars ($2,114.00), inclusive of Street System Impact Fees ($511.00), Traffic Signal and Traffic Control System Fees ($77.00), Parks and Recreation Impact Fees ($1,209.00), Corporate Facilities Impact Fees ($118.00), Fire Protection Impact Fees ($42.00) and Library Impact Fees ($156.00). The City Public Facilities Fee shall be paid as provided in Section 12.8 below. Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad Central Valley. Inc. v. City. of Modesto, (1994) 25 Cai.App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to challenge the validity or amount of any such other public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the City Public Facilities Fee has been enacted by the City and applied to residential development projects in the City. Owner acknowledges and agrees that the City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project. Owner further acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, to challenge the validity, amount, or application of the City Public Facilities Fee, including paying such fees "under protest" pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to summary termination hereof. 12.4 Public Facilities Fee Adiustment. The fees required by Section 12.3 above shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (a) Divide the CPI for month and year of the Effective Date into the CPI for the month immediately preceding the anniversary in which the fees are to be adjusted. (b) Multiply the quotient obtained by the calculation in sub-paragraph (a) above times the fees to be adjusted. (e) The result of the multiplication obtained in sub-paragraph (b) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees.after adjustment be less than the fees set forth in Section 12.3 above. i2.5 Public Benefits and Credits. In consideration of Temeku Hills dedicating, designing and improving a public park, providing the exi~dng Veterans Park and setting aside substantial private usable open space within the Project, all as more specifically set forth in Section 12.2 above, Temeku Hills shall be entitled to an offset against the Park and Recreation Impact Fees paid by Temeku Hills as a component of the City Public Facilities Fee for the actual costs expended by Temeku Hills for the design and construction of the park described in Section 12.2 above (as evidenced by actual third party invoices), including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Offset"). As a result of the Park Fee Offset, the Park and Recreation Impact Fees paid as a component of the City Public Facilities Fee shall be affected in the following manner: (a) Eliminated for the fn'st 608 building permits issued to Owner for residential dwelling units within the Project; and (b) Eliminated for the number of building permits issued to Temeku Hills for residential dwelling units constructed in excess of 608 units until such time as the Park Fee Offset has been exhausted. (c) By way of example only, assuming the cost to improve the park described in Secfiun 12.2 above is One Million Five Hundred Thousand Dollars ($1,500,000), and the Park and Recreation Impact Fee, including the Development Agreement Fee, is $1,772.10, the number of building permits in excess of 608 units to be issued to Temeku Hills for which the Park and Recreation Impact Fees component of the City Public Facilities Fee would be eliminated as a result of the Park Fee Offset is as follows: $1,772.10 park fee x 608 dwelling units -- $1,077,436.80 $1,500,000 park improvements - $1,077,436.80 -- $422,563.20 Park Fee Offset $422,563.20 Park Fee Offset + $1,772.10 park fee -- 238.45 building permits in excess of 608 issued for which no Park and Recreation Impact Fees would be paid (for a total of 846.45 building permits for which no Park and Recreation Impact Fees would be paid including the first 608 building permits) - mcmi#in~mnbincd.d~ I 8~36.G01/090397 12.6 Development Agreement Fee. In consideration of the City granting to Owner the fights and benefits contained within this Agreement, Owner shall pay to the City a development agreement fee in an amount equal to ten percent (10%) of each component of the City Publit Facilities Fee described in Section 12.3(a) or 12.3(b), as the same may be increased from time to time pursuant to Section 12.4 above (the "Development Agreement Fee"). The Development Agreement Fee shall be added to the City Public Facilities Fee and paid as provided in Section 12.8 below. 12.7 Fee Matrix. Attached hereto as Exhibit F is a Fee Matrix showing the City Publi~ Facilities Fee, and the individual components thereof, the credits applicable to the City Public Facilities Fee, and components thereof, and the Development Agreement Fee. 12.8 Timing. The.City Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed on the Property. Collection of any and all interim Public Facilities Fees, or component thereof (or when combined with the Park and Recreation Impact Fees) paid by the Owner for all home units constructed prior to adoption of this Agreement, in surplus to those fees contained herein, shall be credited to Owner. 12.9 Other Applicable Fees. (a) Owner also shall pay all other customary and typical development exactions, for a project of this size and nature, in existence as of the Effective Date and throughout the tern3 of this Agreement, not included in the City Public Facilities Fee, pursuant to provisions of City ordinances and resolutions in existence when paid. (b) The parties hereto agree that to the extent the applicable Stepben's Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement by both parties, those fees remain applicable to the Project. 12.10 Public Works. If Owner is required by this Agreement or any other obligation, to construct any public works facilities which will be dedicated to City or ;'my other public agency upon completion, and if required by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. memillin~m~bln~l. dlt 1 ~6.oo~o9o~9~ -16- 12.11 Preference. In the event the City approves, enacts or applies a City Public Facilities Fee or any component thereof, in an amount which is less than the amount(s) provided in Section 12.3 above, or if the City approves, enacts or applies a City Public Facilities Fee oi' any component thereof, for any other detached residential dwelling units in an amount which is less than applicable to the Project, or if the City approves, enacts or applies a Development Agreement Fee which is less than provided in this Agreement, or if the City approves, enacts or applies any other fee which serves the same or similar purposes of the Development Agreement Fee, or the City Public Facilities Fee in an amount which is less than provided in this Agreement, the City shall adjust the amounts of the City Public Facilities Fee, and/or Development Agreement Fee applicable to the Project to equal the lesser fee amount(s). If any attached dwelling units are constructed in the Project, the City agrees to apply the adopted components and fees for attached residential units with the same proportional adjustments and credits as set forth in Section 12 of this Agreement. 13. Reservation of AuthoriW. 13.1 Limitations, Reservations. and Exceptions. Notwithstanding any other provision of the Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. (b). Regulations governing comm~on standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (c) Regulations which are NOT in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (d) Regulations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subseauent Development Apvrovals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. mt. miJlia~:Olablald .da/1 ~.oo~o~n~ -17- 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. In that event, however, this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract Map Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, any current or future tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan, including without limitation Revised Tentative Tract Map 23371, shall be extended to expire at the end of the term of this Agreement. 13.6 Vesting Tentative Mans. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in eormecfion with the development of the property, is a vesting map under the Subdivision Map Act (Government Code Section 6641~0, et seq.) and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 13.7 Tentative Tract Maps - Perimeter Walls. The conditions of approval for tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be amended to provide that the consm~tion of perimeter walls and installation of landscaping and irrigation systems, that would otherwise be required to be completed prior to the con,va~ction of any residential dwelling units, shall be constructed in phases as the adjacent tracts are developed within the Project. 13.8 Maintenance of Project Landscape Areas. Owner shall form a homeowners' association which shall maintain all landscape areas within the Project including, without limitation, all block walls and entry monuments located within the Project. Notwithstanding the foregoing, the City acting through its Community Services District and upon compliance with all applicable laws including, without limitation, any necessary public voting procedures, shall consider maintaining all exterior landscape areas (excluding block nr..mUlin~:ombin~d.da/I u:~.oo~ -18- walls and entry monuments) within the Project adjacent to main collector streets having widths of sixty-six feet (66') or larger. Unless these areas are accepted by the City's Community Services District for maintenance, they will be maintained by the homeowner's association. 13.9 Margarita Road Reimbursement. Owner's obligation to reimburse the City for the cost of constructing certain roadway improvements to the east side of Margarita Road from Rancho California Road to La Serena shall be $155.00 per residential unit applicable to the first 800 residential units constructed in the Project, all as more specifically set forth in that certain Reimbursement Agreement recorded in the Official Records of Riverside County on July 14, 1994, as I~ent No. 281356. 13.10 Modified Street Sections. The Existing Development Approvals incorporate the conversion of previously designated "private streets" within the Project to public streets. To accommodate the conversion of private streets to public streets within the Project, and as more fully set forth in the Existing Development Approvals, the City has approved one type ofcnodified street sections for Tracts 23371-1 through 23371-7, and another type of modified street sections for the remainder of the Project. 13.11 Park Imorovement Aereement and SecuriW. For park improvements, recreation facilities, slopes and landscaping proposed for dedication to the City's Community Services District pursuant to this Agreement, Owner shall enter into an Improvement Agreement and post securities for said improvements concurrentJy with the recordation of the tracts where the improvements are located. No. 5 14. Development of the Prooertv. Vesting. Termination of Development Agreement 14.1 Rights to Develop. Subject to the terms of this Agreement, including payment of the City Public Facilities Fee and the Development Agreement Fee, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of Agreement on Land Use Re~ulatious. Except as otherwise provided under the terms of this Agreement, including the payment of the City Public Facilities Fee, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall .be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the City Public Facilities Fee and the Development Agreement Fee. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. i4.3 Changes and Agreements. The parties acknowledge that refinement and further development' of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually. desirable in the Existing Development approvals. In the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated herein as addendum to this Agreement and may be further changed from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, associated with any amendment or change to this Agreement that is initiated by Owner or Owner's successor -- without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such a change does not: (a) Alter the permitted uses of the Property as a whole, except as provided in Section 9 hereof, or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Termination of Development A~reement No. 5. Both the City and the Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. 15. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City ~hail review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 16. Financing District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, facfiifies, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. 17. A~reement or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65868. If an amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement processing fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing the Agreement within thirty (30) days of written demand from City -- without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it, notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made; (b) More than forty-five (45) days have passed since City's rimking of a written request to Owner for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more at the terms or conditions of this Agreement. 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate this Agreement. (c) Non-performance shall not be excused because of a failure of a third person. (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) All other remedies at law or equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue or claim any damages for breacb of that Agreement by City. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof Owner, for himself or any successor thereto, expressly waives the right to seek damages against the City or any officer, employee or agent thereof, for any default or breach of this Agreement. 22. Attomevs Fees and Costs. If legal action by either party is brought becanse of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entified to reasonable attorneys fees and court costs. 23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: - To City: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Clerk -22- With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner: Temeku Hills Temeku Hills Development Partners, L.P. 2727 Hoover Avenue National City, CA 91950 Attention: James H. Hunter, Senior Vice President With a copy to: Lorenz Alhadeff Cannon & Rose, LLP 27555 Ynez Road, Suite 203 Tcmecula, CA 92591 Attention: Samuel C. Alhadeff, Esq. With a copy to: UDC Homes, Inc. 438 Camino Del Rio South, Suite 112B San Diego, CA 92108-3546 Attention: Jori Werner, Division President Hecht, Solberg, Robinson & Goldberg 600 West Broadway, 8th Floor San Diego, CA 92101 Attention: Dan'yl O. Solberg, Esq. A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter notices shall be addressed and transmitted to the new address. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in provi .ding expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. a~millin~smb ~g~d. d~r 1 u~.oouo~o3~ -23- 25. Miscellaneous Provisions. 25.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 25.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations. understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 25.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 12 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Inte~retation and Govemin~ Law. This Agreement and any dispute arising hereunder-shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved agains~ the draining party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 25.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 25.6 Singular and Plural. As used herein, the singular of any word includes the plural. 25.7 Joint and Several Oblieations. If at'any time during the term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 5 hereof. i!~millin~bin~l.dl/1 m6.OOl;O~ -24- 25.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. '25.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its fights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 25.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25. I 1 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostih'ties, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 25.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 25.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitude and constitute covenants rtmning with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) rims with the Property and each portion thereof, and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 25.14 Counteroarts. This Agreement may'be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same h~rurnent. 25.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, eonstxuing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. n~.lillill~x~llillld.~l/I ss~.0o~o~ -25- 25.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 25.17 F, minent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 25.18 Agreement for Service of Process. In the event owner is not a resident of the State of California or it is an association, parmership or joint venture without a member, parmer or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon owner. Owner is amenable to the process so served, ,submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 26. Authority to Execute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. ~s~.oo~o~ -26- IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "CITY" City of Temeeula ATTEST: By: Patricia H. Birdsall, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney [Notary Required] [SIGNATURES CONTINUE ON NEXT PAGE] mcmillin~nt~ncd,~ 1 ~a~.oo~mo~ -27- "OWNER" Temeku Hills: Temeku Hills Development Partners, L.P., a California limited partnership By: McMillin Project Services, Inc., a California corporation, as Attorney-in-fact Under Durable Power of Attorney By: ~;s,~e Its: By: (~d ....) Its: ['Notary Required] UDC Homes, Inc., a California corporation By: Its: By: Its: ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appear~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument. WITNESS my hand and official seal. Signature SEAL 0 0 CAPACITY CI2dMED BY SIGNER INDIVIDUAL(S) OFFiCER(S) (TrrL~[S]): 0 0 0 0 0 0 PARTNER(S) ATTORNEY-IN-FACT TRUSTF.~(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) ts:~.oo[~,~ -29- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the insmuncnt the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D CAPACITY CLAIMED BY SIGNER INDIVID~(S) OFFiCER(S) (TrrLE[S]): D D D D D PARTNER(S) ATTORNEY-IN-FACT TRUSTF~(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REP~£NTING: Name of person(s) or entity(ies) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On , 1997, before me, a Notary Public in and for said Sate, personally appeared personally known to me (or proved to me on the bash of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the irmtrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D D CAPACITY ~D BY SIGNER INDIVIDUAL(S) OFFiCER(S) (T~TLE[S]): D D D D D PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRmiNG WITNF, SS GUARDIAN/CONSERVATOR OTH~: Chairperson SIGNER IS REPRF~ENTING: · Name of person(s) or entity(ies) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF $$ On , 1997, before me, a Notary Public in and for said Sate, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/tbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D D CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TrrLE[S]): D D D D D PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On ,1997, before me, a Notary Public in and for said S~ate, personally appeared personally known to me (or proved to me on the basis of safisfacwry evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the/r 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. SEAL Signature 0 0 CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICE~(S) (TiTLE[S]): 0 0 0 0 0 0 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING ~S GUARDIAN/CONSF_.RVATOR OTHER: Chairperson SIGNER IS REPRF~ENTING: Name of person(s) or entity(ies) mareill inVeigh{ned. dat 1 8536.001/090397 -33- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ) On ,1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D D CAPACITY CLAIMED BY SIGNER m'DnaDUAL(S) OFFICF_~(S) (TITLE[S]): D D D D D D PARTNER(S) ATTORNEY-IN-FACT TRUSTEES) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESF. NTING: · Name of person(s) or entity(ies) n~millinkombin~d.dst 1 ~.oo,~o~ -34- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFoRNL~ COUNTY OF $S On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theft signature(s) on the instrument. the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL D D CAYACITY CLAIlVIED BY SIGNER UVDrVIDUAUS) OrifICES(S) (~TLe[S]): O O D O O O PARTNER(S) ATTORNEY-IN-FACT TRUSTE~(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) EXHIBIT A EXISTING DEVELOPMENT APPROVALS General Plan - Low, Low Medium and Medium Density Residential Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199 (Margarita Village) Land Divisions- Final Tract Map No. 23371-1 Final Tract Map No. 23371-2 Final Tract Map No. 23371-3 Final Tract Map No. 23371-4 Final Tract Map No. 23371-5 Amended Tentative Tract Map No. 23371 Tentative Tract Map No. 28482 mc. ntiHin~mbined. da/1 EXHIBIT B EXISTING LAND USE REGULATIONS General Plan Land Use designation is Low, Low Medium and Medium Density Residential. Specific Plan 199 (Margarita Village) ., EXHIBIT C LEGAL DESCRIPTION -38- EXHIBIT D ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT 8s~6.ootsno297 -39- EXHIBIT E REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT Development Agreement: Amendment and Restatement of Development Agreement Specific Plan No. I99, Margarita Village Planning Application No. Date: To: City of Clerk and Planning Director, City of Temecula Pursuant to Sections 6(b) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mongagee) (Person/Department) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be fried with the project file to insure proper and timely notice is given. Under the terms of the Amendment and Restatement of Development Agreement, as Mortgagee is entitled to receive copies of any Notice of Default within ten (10} days of sending any such Notice to Owner. Failure to send any such Notice may have serious legal consequences for the City. This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is Terminated. The person executing this document on behalf of the Mortgagee warrants and represents ' that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. mcmillin~ombi~d.drdl ~6.oo~o~9~ -40- The undersigned declares the above information is true and correct under the penalty of perjury under the laws of the State of California. Dated: , 1997 Mortgagee By: (signature) Its: (printed name) (title) [Notary required] This Notice is to be 'sent to both the City Clerk and Planning Director for the City of Temecula at P.O. Box 9033, Temecula, Ca 925989-9033 or such other location as Temecula City Hall may be located in the future. mr.J~illin~combi~ol. dg ! ATTACHMENT NO. 4 PC RESOLUTION NO. 97- PA97-0144 R:~TAPPRP~I42PA97.PC 9/3/97 i;]b 25 ATTACHMF. I~ NO. 4 PC RESOLUTION NO. 97- A ~LUTION OF THE PLANNING COM15fl.qSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0144 (TENTATIVE TRACT MAP NO. 28482) LOCATED SOLrI'H OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, NORTH OF RANCHO CALII~ORNIA ROAD, WITFfiN THE MARGARITA VILLAGE SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 9~3-060-008, -009, and-028. V~HEREAS, Ternelm Nills Development Panners, L.P. filed Planning Application No. PA97-0144 in accordance with the City of Ternecula ~ Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WIH~I~AS, Planning Application No. PA97-0144 was processed in the time and manner prescribed by State and local law; WH~RF~, t/~ Planning Commission con.aid=red Planning Application No. PA97-0144 on S=ptembea' 8, 1997, at a duly noticed public hearing as pr~scribed by hw, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered atl facts relating to Planning Application No. PA97-0144; NOW, THEREFORE, THE PLANNING COMMIgSION OF THF~ CITY OF TEMECULA DOES ~LVE, DETERMINE AND ORDER A~ FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findi~s. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. The proposed land division and the design or improvement of the project is consistent with the ~ General Plan designations and Specific Plan No. 199. The site is physically suitable fo~ the type and density of development. The proposed General Plan Land Use R:~,~TAFFRI~t42PA97.PC 9/3/97 Idb 26 designations for the site are Low-Medium Density Residentis,! (3-6 dwelling units per acre) and Medium Density Resiclential (7-12 dwelling units per acre). Plrm_ning Area 40 proposes 198 residential parcels on 40.1 acres for a density of 4.94 units per acre and is consistent with the Low Medium designation. Planning Area 38 proposes 181 dwelling units on 29.3 acres for a density of 6.18 units per acre and is consistent with the Medium de~ignatlon. 2. The design of the proposed land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-s/te. The site is surrounded by development and is an infill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 3. The design of the ~ land division or ~ type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. 4. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the pwposed land division. The project will taine access from La Serena Way, Meadows Parkway, and Rancho California Road, and will not obstruct any easements. 5. The map as proposed, confonus to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. Section 3. F. nvimnmentn! C-omplinnce. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunclion with Amendment No. 2 to the Specific Plan, a number of additional geoteclmical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. R:~TAPFRPT~I~PA97.PC 9/3/97 idb 27 Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. I".onditlrm.~. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan and known as Assessor's Parcel No. 953-035- 007, 953-06(OX)8, -009, and -028, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a pan hereof. Section 5. PASSED, APPROVED AND ADOFrED this 8th day of September, 1997. 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 8th day of September, 1997 by the following vote of the Commission: - AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~STAFPRI~I42PA97.PC 9/3/97 klb 28 EXHIBIT A CONDITIONS OF APPROVAL PA97-0144 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) Project Description: Assessor's Parcel No.: Approval Date: Expiration Data: A residential subdivision of 74.5 acres into 368 single family lots, two landscape lots and two open spsce/racraedonal ~ within Planning Area 40 of Specific Plan No. 199 - Margarita Village 953-035-007, 953-060-008, -009, and -028 September 8, 1997 November 8, 2000 or es amended by Development Agreement (PA97-0204} PLANNING DEPARTMENT General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 at ,~;1., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. If subdivision phasing is proposed, the applicant shall submit a phasing plan to the Planning Manager for approval. The tentative subdivision shall comply with all requirements of Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. 5. The tentative subdivision shall be covered by Covenants, Conditions and Restrictions R:~TAFFRFI~ 144PA.~.COA ~'~ klb and Homeowner Association requirements already established for other residential subdivisions within Village A of Specific Plan No. 199. Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Prior to Issuance of Grading Permits The applicant shall submit a copy of the Rough Grading plans to the Planning Director for approval. o The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 10. The applicant shall submit construction landscape plans to the Planning Department for review and approval. The plans shall be consistent with City standards including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property including: Landscaping on all sloped areas and common areas. Front yard landscaping. The height, location and materials for all walls and fences along rear and side yards of individual interior lots. Fencing shall be installed at the toe of slopes. Prior to Recordation of the Final Map 11. The applicant shall submit the following to the Planning Director for approval: A copy of the Final Map A copy of the Rough Grading Plans A copy of the Environmental Constraint Sheet (ECS) with the following notes: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655.' The applicant shall submit a copy of Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the Planning Department, Public Works Department and the City Attorney. Pdor to I~.uance of Building Permits 12. The applicant shall submit a receipt or clearance letter from the Temecula Valley School District to the Planning Department to ensure the payment or exemption from School Mitigation fees. R:~T,S, FFRI~I44~A97.COA 9/3~7 Idb 2 13. The applicant shall submit the following to the Planning Director for approval: Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. The Temporary use Permit application for a Model Home Complex (if applicable) which includes the following: ii. iii. iv. V. vi. Site Plan with off-street parking Construction Landscape Plans Fencing Plans Building Elevations Floor Plans Materials and Colors Board Ce A Development Plan shall be submitted and approved by the Planning Director for the housing product. 14. The applicant shall submit an acoustical analysis to the Planning Department for approval..The analysis shall be submitted prior to the issuance of the first building permit for the project. The analysis shall contain recommendations to ensure that noise levels do not exceed 65dBA for exterior and 45dBA for interior noise levels. 15. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. Prior to I.suance of Occupancy Permits 16. From yard and slope landscaping within individual lots shall be completed for inspection. 17. All the Conditions of Approval shall be complied with to the satisfaction of the Directors of Planning, Public Works, Community Services and Building and Safety. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 18. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 19. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 20. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 21. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temeculs mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved. subdivision improvement agreements executed and secudtie~ posted: 22. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · · · · · · · · · · · · · San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District .General Telephone Southern California Edison Company Southern California Gas Company 23. The Developer shall construct the following public and private improvements to standards approved within Specific Plan Amendment No.3 unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Meadows Parkway from Rancho California Road to meet and match existing northerly improvements to Major Highway Standards (100' R/W) to include dedication of full-width right-of-way; installation of half-width paved street improvements plus full raised traffic safety island, 12-foot paved travel lane easterly of centerline and an eight-foot D.G. shoulder; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). Improve Royal Birkdale Drive to Modified Local Standards (65.5' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements including 12-foot raised traffic safety island, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve all private interior streets to Modified Local Standards (50' R/W), with the exception of Streets 'A' and 'J" (66'R/W) to include dedication of full-width street right-of-way (in addition to 16' raised median for Streets "A' and 'J' exclusively), installation of full-width street improvements, paving, curb and 4 gutter, sidewalk, street lights, drainage facilities, signing end striping, utilities (including but not limited to water and sewer). Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans, as specified in City Standards and Specific Plan Amendment No.3: Minimum street centerline radii shall be 250 feet, except as modified through the Specific Plan. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Maximum street grade shall not exceed 12%. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. d. Street lights shall be installed along the public streets and designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with Modified City Standard Nos. 400 and 401 to a standard width of 4.5 feet contiguous with face of curb. f. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of-all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. j. Cul-de-sac geometries shall meet current City Standards. Relinquish and waive right of access to and from Rancho California Road and Meadows Parkway on the Final Map with the exception of interior street openings as approved by the Department of Public Works. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. l~TAFFRl~I44PA97.COA 9/~9~ k~ ~ o 10. 11. 12. 13. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be recorded with the final map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. Special Study Zones. b. Geotechnical hazards identified in the project's geotechnical report. c. Archeological and peleontological resources found on the site. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street-improvements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way *shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 6 Prior to Issuance of Grading Permits 14. As deemed necessary by the Department of Public Works, the Developer shell receive written clearance from the following agencies: · · · · · · · · · San Diego Regional Water Quality Control Board Riverside County Flood Control end Water Conservation District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 15. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecule standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 16. An updated Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 17. An updated Geetechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geetechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 18. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site end upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 19. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPOES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. R:~TAFFBP~44PA97,COA 9/3/97 klb 7 20. 21. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 22. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 23. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Build'rag Permits 24. The corresponding Final Map shall be approved and recorded. 25. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 26. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 27. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Memorandum of Understanding dated April 23, 1996. Prior to Issuance of Certificates of Occupancy 28. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 29. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 30. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. R:~STAF!~I44PA97.COA 9~ I~ 8 The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. BUILDING AND SAFETY DEPARTMENT 32. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, l'rtle 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 33. Obtain street addressing for all proposed buildings prior to submittal for plan review. 34. Provide electrical plan including loan calca and panel schedule, plumbing schematic and mechanical plan for plan review. 35. Prior to building permit issuance, approval must be obtained from the Water District, Sanitation District, Public Works Department, Fire Department, Planning Department and Building Department. 36. Based on submitted documents, the occupancy classification of the proposed use shall be R-3, U-1. 37. Truss calculations that are stamped by the engineer of record, the truss manufacturers engineer, are required for plan review submittal. TEMECULA COMMUNITY SERVICES DISTRICT Community Services has reviewed the revised tentative map application and has the following conditions of approval: nFNFRAI RF('1! IIR!:MFNT~q: 38. The park dedication requirement (Quimby) shall be satisfied with the development and dedication of the community park identified in Specific Plan 199. Amendment No. 3. 39. The installation of all slopes and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 0, Construction of the community park, slopes and landscaped medians proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 41. The developer shall complete the TCSD application process prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. The developer shall maintain the slopes and landscaped medians until such time as those responsibilities are accepted by the TCSD or other responsible party. lt:~rAFFRPT~I44PA97.COA ~ l~ ~ 42. Exterior slopes adjacent to Rancho California Road and Meadows Parkway shall be maintained by an established homeowner's association until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior slopes, open space, perimeter walls, and entry monumentetlon shall be maintained by a homeowner's association. 43. Bike lanes shall be provided on site to intercept with the City's Park and Recreation Master Plan. Class II bike lanes shall be completed in concurrence with the street improvements. PRI~R Trt R!=~..~!RnATI~N ~F FINAl MAP.~: Prior to recordation of the final map, landscape construction drawings for the slopes and landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. PRInR T(t I~q.q!JANr-!:: rJF RIIII rJlNO PFRMIT-q: 45. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall pay the appropriate fees to the TCSD for the dedication of arterial and residential streets into the appropriate TCSD maintenance program. 46. The community park shall be improved and dedicated prior to the issuance of the 608th overall residential building permit within the Temeku Hills development. PRIrtR Trt I,~R!IANP-; ~F P-!=RTIFIP-AT!=-~ ~F tIP-P-!IPANP. y: 47. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 48. Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. OTHER AGENCIES 49. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's transmittal dated May 16, 1997, a copy of which is attached. 50. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 21, 1997, a copy of which is attached. 51. The applicant shall comply with the recommendations outlined in the Riverside County Flood Control and Water Conservation District's transmittal dated June 26, 1997, a copy of which is attached. I have read, understand and accept the above Conditions of Approval. Applicant Name ]:,astern 2 [uni¢ipa(L)istrict Mm, c~ May 16, 1997 Riverside' Ceu.'Vo,, Health Depar'anent c/o Rick Engineering Company 3050 Chicago Avenue Suite 100 Riverside, C~ 92507 Gentlemen: RE: Availability of San#my ~wer ,Sandra for~ Tmet 984e~ . We hereby adrien you relative to the ~ of .f, anila~ ~ ~ for the above referenoed IXOlXmod develoixllent ee ~ The properly to be occtcie~l by the mJbject pr~pe..d deve~ome~ I~ PR~'S~alT! Y e OCATI=n within bouncmy ires of mis oimers ~T~orovement Oismct No.j!=j_ .od b eUgede ~o rece,~ eanaary ~ewer serv~, Upon submittal of plans for review the District will dlti,,,,i,! the following: 1) Major off-site f. cililles may be required to senm this project. Sanitary sawer service will be made available to the subject property provided: ~) 2) The developer completes all nsc,,ss~/financial and other arrangements therefore, as determined by the Dislrict. ~ the Dislxict by November 1S$8 Th~ no ! IMmNG CONnfT1ON8 W which ARF m=YONn this DISTRICT'S CONTROl or CANNOT RI: COST-EFF!=CTN~ y taxi/or reasonably .itilE;~ by ~ Dialriot, ~ conditions may include but are nc4 ambd to, acts of God, REGUI ~TORY AG~=NCY RKrJUIR=MENTS or de 'c~iono, or legal actions inillatod by olhere; If you have any queslions or comments regarding the foregoing, do not hesitate to Contact this office. ~illcerely, Kooert N. Spre~F¢ Assistant Director of Customer Service FlAY 2 0 1997 Mail to: Post Office Box 8300 · San Jacinro, C~ifornia 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue. San ]acinto · Customer Service / Ensineeting Annez: 440 E. Oakland Avenue, Hamer, CA Operations &: Maintenance Center: 2270 Trumble Road. Parris, CA 92571 · Telephone (909) 928-3777 · Fax (909) 928-6177 omcere: General Manafter Phillip L Forbet Direnor of Finance - Tre&surer E. P. "Bob" Lemons Diree~4r of F, nglneer~ng Kemtetb C. D~mly Director of Operettafin Pnrry R. L.ouek Centrelier tindo M. Frofooo District Secretary/Admmtral~ve Serwceo Manaier C. Michael Cower Best Best & Krieger LLP May 21,199 Ms. Carole Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT MAP 28482 PLANNING APPUCATION NO. PA97-0144 Dear Ms. Donahoe: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. The Developer should contact RCWD concerning facility requirements, upsizing the required facilities, and the relocation of any District facilities. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCVVD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 97/SB:eb097-2/F012/FEF c: Laurie Williams, Engineering Services Supervisor Rancho CMJforstJo Water District DAVID P. ZAPPE ~.mnernl Maesly:r-Chief -Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT C~ of Ternecula Plam~ng Depann~en_ t 43200 Business Pa~ Drive Temeclda, ~ 92590 Cadies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/275- ! 200 909/788-9965 FAX 7829. i This projeot involves Dialrict ~ Plan ft :FI',s. The Diulriot will aoo~q~t o.;.,m. rd~ip of such faoilities on required. INFORMATION If a natural wat~our~ or maPl~d flood plain i~ ~ ~ Ih~ proj~_ th~ City ~ r .~10i~ tim al~iOant to obtain a ~mction 100111003 Agm~mer,?rom the Calif~,,ia D~!~nl~,cnt of F'mh n~l ~rn~ and n Ol~n Wat~ Act ttm proj~_ _ is .x~mpt-from ~ mquimrrmntt A_Ol~nn Wa~r Act ~ 4~.1 warm O _ua~/.. ¢~.~ may I~ require! from ttm 100al California R~iormi V~t~r ~ualRy C~ntroi Board ~ m i~unno~ of tl~ Oorl~ 404 ~ Very tndy yours, STUART E. MCKIBBIN Senior Civil Engineer ATTACHMENT NO. 5 RESOLUTION NO. 97- PA97-0143 ATI'AC~ NO, ~ PC I~-~O~I~I~ION NO. ~7- A RESO~ON OF THE PLANNING COMMISSION OF THE CITY OF TEMECLR,A APPROVING PLANNING APPLICATION NO. PA97-0143 (TENTATIVE TRACT MAP NO. 28526) LOCATED SOUTH OF LA SE!~I~A WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD, WI~I'HI~ T]~E MARGARITA VILLAGE $~C PLAN AND KNOW~ A~ A~~R*$ PARCEL NO. 953..260-001 through -009 and ~$3-270-001 through .4~08 WHI~.EAS, Temeku Hills Development Partners, L.P. filed Planning Application No. PA.97-0143 in accordance with the City of Temeoda General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA97-0143 was processed in the time and manner prescribed by State and local law; WHEREA~, the Planning Commission considered Planning Application No. PA97-0143 on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WI]FEREAS, at the public hearing, upon heating and considerin_g all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all facts relating to Planning Application No. PA97-0143; NOW, TH!~K!~ORE, TUF~ ~G COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findi~gz. That the Temecuh Planning Commission hereby malees the following findings: A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. The proposed land division and the design or improvement of the project is consistent with the City's General Plan and Specific Plan No. 199. The site is physically suitable for the type and density of development. The project proposes reduction of dwelling units from 62 to 44 residential parcels on 6.04 acres for a density of 7.28 units per acre. This is consistent with the General Plan Land Use designation for maximum density on the site. 2. The design of the proposed land division or proposed improvements is not *likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site has been previously $raded and partially developed. There is no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The project will not in~viduatly or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 3. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, the City's General Plan, Development Code,' Subdivision and Landscaping Ordinances. The project is consbrent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City St~od,~is. 4. The design of the proposed land division or the type of improvements will not conflict with'easements, aequil~ by the public at large, for access through, or use of, property within the proposed land division. The project will take access from La Serena Way, Meadows Parkway, Rancho California Road and Margarita Road, and will not obstruct any easements. 5. The map as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. Section 3. F. nvimnm~ntnl ~cmlpllnnc~.. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of $Ulm'Visors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original ~IR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the orig'mal analysis. It has been eleven (11) years since the original environmental analysis was performed for this project Ttmzfore, Staff prepared another Initial Environmental Assessment to examine the quintion of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would rmult from the propo~! project, changm in drcumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, ~ request! additional information from the applicant. ~ upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous ana/ysi~. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guide}ines, no additional ~R is required unless R: ~ST. AFFRF'A 142PAgrT.PC 9/3/97 klb 32 additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the ~FR, or new information that could not have been known at the time the EIR was prepar~ becomes available. None of these ,situations bas occurred; therefore, no further environmental analysis is required. Section 4. c, mdit~on.~. That the City of Temecula Planning Commission hereby appwves Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan and known as Assessor's Parcel Nos. 953-260- 001 through -009 and 953-270-001 through -008, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5, PASSED, APPROVi~ AND ADOPTI~ this 8th day of September, 1997. Linda Fahey, Chairman I llk'lR~Ry 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 8th day of September, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIOn: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R: ~I~AFFRFI'x 142PA~'/. PC 9/3/97 33 EXHIBIT A CONDITIONS OF APPROVAL PA97-0143 ~z,u~z~4~^~.~c 9~ u, 34 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) Project Description: Assessur's Parcel No.: Approval Date: Expiration Date: A residential subdivision of 6.04 acres into 44 single family lots with a minimum lot ~ize of 5,220 square feet, within Planning Area 36 of Specific Plan No. 199 Margarita Village 953-260-001 through -009 and 953-270-001 through 4)08 September 8, 1997 Novemb~ 8, 2000 or es amended by Development Agreement [PA97-0204) PLANNING DEPARTMENT General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et ,~l;i., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. If subdivision phasing is proposed, the applicant shall submit a phasing plan to the Planning Manager for approval. e The tentative subdivision shall comply with all requirements of Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. R:~qT~45PA.9/'.COA 9/:5/Y? c.d The tentative subdivision shall comply with the conditions of approval for the underlying Tentative Tract Map No. 23371. Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Prior to Issuance of Grading Permit~ o e The applicant shall submit a copy of the Rough Grading plans to the Planning Director for approval. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 10. The applicant shall submit construction landscape plans to the Planning Department for review and approval. The plans shall be consistent with City standards including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property including: Landscaping on all sloped areas and common areas. Front yard landscaping. The height, location and materials for all walls and fences along rear and side yards of individual interior lots. Fencing shall be installed at the toe of slopes. P~ior to Recordation of the Final Map ~- 11. The applicant shall submit the following to the Planning Director fc~r approval: A copy of the Final Map A copy of the Rough Grading Plans A copy of the Environmental Constraint Sheet {ECS) with the following notes: ~l'his property is located within thirty (30l miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655." The applicant shall submit a copy of Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the Planning Department, Public Works Department and the City Attorney. Pdor to Issuance of BuiMing Permits 12. The applicant shall submit a receipt or c, learanca letter from the Temeoula Valley School District to the Planning Department to ensure the payment or exemption from School Mitigation fees. R.%TrA-~rItlrBI4~AgT.COA ~ cd 2 13. The applicant shall submit the following to the Planning Director for approval: Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. The Temporary Use Permit application for a Model Home Complex (if applicable) which includes the following: ii. iiio iv. V. vi. Site Plan with off-street perking Construction Landscape Plans Fencing Plans Building Elevations Floor Plans Materials and Colors Board A Development Plan shall be submitted and approved by the Planning Director for the housing product. 14. The applicant shall submit an acoustical analysis to the Planning Department for approval. The analysis shall be submitted prior to the issuance of the first building permit for the project. The analysis shall contain recommendations to ensure that noise levels do not exceed 65dBA for exterior and 45dBA for interior noise levels. 15. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. Pdor to Issuance of Occupancy Permits 16. Front yard and slope landscaping within individual lots shall be completed for inspection. 17. All the Conditions of Approval shall be complied with to the satisfaction of the Directors of Planning, Public Works, Community Services and Building and Safety. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 18. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 19. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. R:~TAFFILD'I~43PA97.COA W3/Y7 M 3 20. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 21. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula roylets. Prior to Approval of the Final Map, unless other tinting is indicated, the Developer shall complete the following or have plane submitted and approved, subdivision improvement agreement executed and securities posted: 22. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Metropolitan Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company 23. The Developer shall construct the following public improvements to City of Temecula General Plan standards and Specific Plan Amendment No.3 unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Crystallaire Drive to Modified Local Standards (41.5' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk (northerly side only), street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 24. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the parcel\final map to delineate identified environmental concerns and shall be recorded with each final map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. Special Study Zones. b. Any geotechnicel hazards identified in the project's geotechnical report. c. Any archeological and paleontological resources found on the site. R:~qT, AFFRInq~I43PA.97,COA ~3/97 M 4 25. The Developer shall. comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 26. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 27. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 28. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted the final map. 29. Easements, when required for roadway dopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating 'drainage easements shall be kel~t free of buildings and obstructions." Prior to Issuance of Building Permits 30. The corresponding Final Map shall be approved and recorded. 31. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 32. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan and Specific Plan Amendment. 33. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Metropolitan Water District Planning Department Department of Public Works Riverside County Health Department 34. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No R:~TAI~;RPT~I43PA,97.COA ~ cad ~ grading shall be permitted until an NPDE$ Notice of Intent (NOI) has been filed or the project is shown to be exempt. 35. The'Developer shah post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards, Specific Plan Amendment and subject to approval by the Department of Public Works. 36. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 37. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 38. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 39. The Developer shall pay to the City the Public Facilities Development Impact Fee as re(luired by, and in accordance with the Memorandum of Understanding dated April 23, 1996. Prior to Issuance of Certificate. of Occupancy 40. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 41. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 42. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. BUILDING AND SAFETY DEPARTMENT 43. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Admi 'mstrative Code, Title 24 Energy end Disabled Access Regulations and the Temecula Municipal Code. 44. Obtain street addressing for all proposed buildings prior to submittal for plan review. 45. Provide electrical plan including loan calcs and panel schedule, plumbing schematic and mechanical plan for plan review. 6 46. Prior to building permit issuance, approval must be obtained from the Water District, Sanitation District, Public Works Department, Fire Department, Planning Department and Building Department. 47. Based on submitted documents, the occupancy classification of the proposed use shall be R-3, U-1. 48. Truss calculations that are stamped by the engineer of record, the truss manufacturers engineer, are required for plan review submittal. TEMECULA COMMUNITY SERVICES DISTRICT Community Services has reviewed the revised tentative map application and has the following conditions of approval: ~FNFRA! RFtl! IIRFMFNT~q: 49. The park dedication requirement (Quimby) shall be satisfied with the development and dedication of the community park identified in Specific Plan 199, Amendment No. 3. 50. The installation of all slopes and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 51. Construction of the community park, slopes and landscaped medians proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 52. The developer shall complete the TCSD application process prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. The developer shall maintain the slopes and landscaped medians until such time as those responsibilities are accepted by the TCSD or other responsible party. 53. Exterior slopes adjacent to Rancho California Road shall be maintained by an established homeowner's association until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior slopes, open space, perimeter walls, and entry monumentstion shall be maintained by a homeowner's association. 54. Bike lanes shall be provided on site to intercept with the City's Park and Recreation Master Plan. Class II bike lanes shall be completed in concurrence with the street improvements. PRIt!R T(I RF~r~RnATIr~N rtF FI~;A! MAP~q: 55, Prior to recordation of the final map, landscape construction drawings for the slopes and landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. PRIr)R Tr~ Iq~q!I.AN~F ~F RJJll I'J!N~ P!::RMIT~q: 56. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall pay the appropriate fees to the TCSD for the dedication of arterial and residential streets into the appropriate TCSD maintenance program. 57. The community park shall be improved end dedicated prior to the issuance of the 608th overall residential building permit within the Temeku Hills development. PR!tlR T~ i.q~q!IANC-F ~F CFRTIFIC. ATF.q ~F tlC.~!IPAN~Y: 58. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 59. Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. OTHER AGENCIES 60. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's transmittal dated May 16, 1997, a copy of which is attached. 61. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 21, 1997, a copy of which is attached. 62. The applicant shall comply with the recommendations outlined in the Riverside County Flood Control and Water Conservation District's transmittal dated June 26, 1997, a copy of which is attached. - I have read, understand and accept the above Conditions of Approval. Applicant Name R:~TAFFR,PT~I43PA.9~.COA 9/3/97 J~astern l¥[unlcipa[ ~/~ter L)istrict May 16. 1997 Riverode County Health Depatenent Rick EnOineemO Company 3050 Chicago Avenue Suite 100 Rivemicle, CA 92507 Gentlemen: RE: Availabilily of Sanite~y Sewer Service for Tent.Uve Tract ~r~ . We hereby ~ you relaUve to the ,v, ilel:iity of ~i~/a ~ for the ,Ix)re referenced 1~:a~.d d;v. kqL...~ ~ follovm: The prope~y to be occupied by the m~jec~ propaisd d.~.lap,..ent 18 PI~SKNT! Y ! OCA'r!=n within the Ixmndmy litre, of INs ~ Improvemere DisMet No. U4 told is eligible to moaive ~ ~r senate. Upon submittal of pbns for review the District will d~mdn~ tim followlag: 1) Major off-sito f, cililm may be required to serve this project. Slnitary sewer sewire will be nmde availibb to the subject property provided: 1) The developat comptetse all ngc..sl17 tlnancill and outer .rmngemenls therefore, detemdned by the DisWc~ with the Di~dct by November 2) That no i IMITING CONnlTIONS e]dst which ARI= Rk'YOND INs nlSTRICT'5 CONTROl or CANNOT R!= COSl'~~! Y and/or rashly sadsled by lite ~ which conditions may include but are not Ibnited to, acts of God, ff~.PLIZIm4TORY AG!=NCY RFrJUI~I=M!=NT8 or decisions, or legal Wits inillated by olhem: If you have any queslions or comments regarding the foregoing, do not hesitate to .c.~ntec~ tl~ office. As~stent Director of Customer Service N .2 0 1997 Vlail to: Post Office Box 8300 · San jacinto. California 92581-8300 · Telephone (909) 925-7676 · Fax (909) 929-025? vlaJn Office: 2045 S. San Jacinro Avenue. San Ja¢into · Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hemet. CA 3perations & Maintenance Center: 2270 Trumble Road, Pettis. CA 92571 · Telephone (909) 928-3777 · F~ (909) 928-6177 May 21,199 Ms. Camle Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT MAP 28528 PLANNING APPLICATION NO, PA97-0143 Dear Ms. Donahoe: Please be advised that the above-referenced property is located within the boundaries of Rancho Califomia Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCVVD and the property owner. The Developer should contact RCVVD concerning facility requirements, upsizing the required facilities, and the relocation of any District facilities. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 97158:ebO9?-3/F012/FEF C: Laurie Williams, Engineering Services Supervisor I~nebe California Water District DAVID P. ZAPPE RIVERSIDE COUNTY FLOOD CONTROL AND WATER. CONSERVATION DISTRICT City of Temecula Planning Department 43200 I~usiness Park Drive Temecula, California 9259O Attention: Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/788-9965 FAX 7829. ! d~ ' · facailMs ' .mg _~xma~___._o .sysm. . a,4~san~age P~n fee~ (devek~p~ mlag~ fees). ~n additt~, ~(,,,,~n of a genera nature ~s prov~ed. and safety or any olher such issue: This project invoNes Dislrict Master Plan fee: 'Mfes, The Dislrk~ will acaept ownemhip of such faoii'~las on inspection will be requirbcl for District acceptance. Plan cnec~ mSl~:~ and administraltve fees wHI be required. G!=NFRA~ INFORMATION If ~ ~.~ inv ..o~ves a Federal Emff~. envy. Manag .eFt.. nt Agency (FE.MA] ma(~ed. ~ plain, then the City reclu.~ me. apl'a:;,tt to ixovtde all.~cles, c~... tic~. ~. plans and omer m~xmaaon r_eq .uir~l. Io mee~ FEMA' requ~e~x~tLs, and .s. hould ~ .refquim Ihat the applic~. nt omam a Cond'dional ~ .of ~ .R.L.e~isi~. (.CLOMR) pnor to grading, recordation or other final approval of the project, and a Letter of Map RevisKxt (LOMR) pnor to occupancy. If a natural watercourse or mapped flood plain is - .~ b_y this project, the City.should req.uire_.t~e applicant to obtain a Section 160111603 Agreement from the California - ..Del~mneflt of Fish ana ~ aria a um~.n .Wa.t. er ...Act Section 404 Proreit from Itm U.S. Am~y. Coq~ of Engineers, or written...corrf~xa~._ .ence from these.~...~ .~. ind~cati.ng the pmjeqt_ is exempt'f/orn.~.. _r~:lu.~rements: A_Cle.a..n Water Act ~ 4.01.Water Q~__~ -Certification may_De required from the local Califom~a Regional Water LJuallty Control Board pnor to ~uance of ttie Coq~ 404 parrtin. C: ____~,.~otruly yours, STUART E. MCKIBBIN Senior Civil Engineer ATTACHMENT NO. 6 PC RESOLUTION NO. 97- PA97-0142 ATTACHMENT NO. 6 PC RESOLUTION NO. 97- A ~LUTION OF THE PLANNING COMbfl~SION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0142 (TENTATIVE TRACT MAP NO. 23371 REVISED) GENEI~I.I.Y LOCAT~r~ SOUTH OF LA S~I~NA WAY, EAST OF MARGARITA ROAD, WEST OF ~ADOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD, WITHIN TuF~ MARGARITA VILLAGE SPECIFIC PLAN NO. 199 WH!/g, EAS, Temeku Hills Development Partners, L.P. filed Planning Application No. PA97-0142 in accardan~ with the City ofT~ Gmcral Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; IVIIIiI~AS, Planning Application No. PA97-0142 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0142 on September 8,' 1997, at a duly noticed public hearing as prescribed by hw, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all facts relating to Planning Application No. PA97-0142; NOW, THF.~RE, THE PLANNING COMMI~e, SION OF THE CITY OF TIi~MECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLI~WS: Section 1. That the above recitations are true and correct. Section 2. Findirlg.~. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. The proposed land division and the design or improvement of the project is consistent with the City's General Plan and Specific Plan No. 199. The site is physically suitable for the type and density of development. The project proposes residential densities cons/stent with the C, eneml Plan Land Use des/gnafions for Planning Areas 34, 35, 37, 41, 42 and 43. Tentative Tract Map No. 23371 was originally approved in 1988; the revision proposes increased lot sizes and a new 12.5 acre park site. 2. The design of the proposed land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site has been previously graded and partially developed. There is no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 3. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to Specific Plan and/or City Standards. 4. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from La Serena Way, Rancho California Road, Meadows Parkway and Margan. 'ta Road, and will not obstruct any ea.v~ments. 5. The map as prot~sed conforms to the logical development of the proposed site, and is compatible with the health, s~fety and welfare of the community. Section 3. l:.nvi,mnmc-ntnl Cnn~plinnce. Environmental Impact Repun No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were underUtin~ to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat Uapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was lx~rfom~ for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless atditimal impacts not previously considmed, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the I~!R, or new information that could not have been known at the time the F~iR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. C'r~oditirm~. That the Ci~ of Te~dn Planning Commission hereby approves Planning Applic3tion No. PA97-0142 (Tentative Tract Map No.23371 Revised) located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Vill~e Specific Plan, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. ~'t'ction 5. PASSED, APPROVED AND ADOPTI/D this 8th day of September, 1997. Linda Fahey, Chairman I IiERF~Y CERTIFY that the foregoing Resolution was duly adopted by the Platming Commission of the City of Temecula at a regular meeting thereof, held on the 8th day of September, 1997 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Sec~ta_,'y ~t:~qTAFFRF~I42~A97.1~ 9/3/97 k~ 38 EXHIBIT A CONDITIONS OF APPROVAL PA~7-0142 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0142 (Tentative Tract Map No. 23371-Revised) Project Dascdption: Assassor's Parcel No.: Approval Date: Expiration Date: A residential subdivision covering Planning Areas 34, 37, 41, 42 and 43 all with Specific Plan No. 199 - Margarita Village Va~ous September 8, 1997 November 8, 2000 or as determined by Development Agreamant (PA97-0204) PLANNING DEPARTMENT General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0142 (Tentative Tract Map No. 23371-Revised) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 at SP,~., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. If subdivision phasing is proposed, the applicant shall submit a phasing plan to the Planning Manager for approval. The tentative subdivision shall comply with all requirements of Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. The tentative subdivision shall comply with all conditions of approval of the underlying Tentative Tract Map No. 23371, unless superseded by these conditions of approval. l~:~'F.A~'F'IL~T~I42PA.~7.COA 9/3/~7 cd Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. No construction shall occur within Planning Area 42 of Specific Plan No. 199 without the proponent first filing Development Plans for City review and approval, unless single family detached homes are proposed on each of the fifteen (15) lots. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Prior to Issuance of Grading Permits The applicant shall submit a copy of the Rough Grading plans to the Planning Director for approval. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 11. The applicant shall submit construction landscape plans to the Planning Department for review and .approval. The plans shall be consistent with City standards including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property including: a. Landscaping on all sloped areas and common areas. b. Front yard landscaping. The height, location and materials for all walls and fences along rear and side yards of individual interior lots. Fencing shall be installed at the toe of slopes. Prior to Recordation of the final Map 12. The applicant shall submit the following to the Planning Director for approval: a. A copy of the Final Map b. A copy of the Rough Grading Plans c. A copy of the Environmental Constraint Sheet (ECS) with the following notes: 'This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655." de The applicant shall submit a copy of Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the Planning Department, Public Works Department and the City Attorney. R:~'fAFFRF~I42PA9'Y,COA 9/3/F/ed 2 Prior to Issuance of Building Permits 13. The applicant shall submit a receipt or clearance letter from the Temecula Valley School District to the Planning Department to ensure the payment or exemption from School Mitigation fees. 14. The applicant shall submit the following to the Planning Director for approval: Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. The Temporary Use Permit application for a Model Home Complex (if applicable) which includes the following: ii. iii. iv. V, vi. Site Plan with off-street parking Construction Landscape Plans Fencing Plans Building Elevations Floor Plans Materials and Colors Board Ce A Development Plan shall be submitted and approved by the Planning Director for the housing product. 15. The applicant shall submit an acoustical analysis to the Planning Department for approval. The analysis shall be submitted prior to the issuance of the first building permit for the project. The analysis shall contain recommendations to ensure that noise levels do not exceed 65dBA for exterior and 45dBA for interior noise levels. 16. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. Prior to Issuance of Occupancy Permits 17. Front yard and slope landscaping within individual lots shall be completed for inspection. 18. All the Conditions of Approval shall be complied with to the satisfaction of the Directors of Planning, Public Works, Community Services and Building and Safety. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. R:~qTAFPRPT~I42PAg7.COA ~/3/97 cd ~ General Requirements 19. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. 22. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site~ and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of each Final Map, unless other timing is indicated, the Developer shall complete the following or have Idans submitted and approved, subdivision improvement egreement~ executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Rood Control and Water Conservation District Metropolitan Water District - City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company 24. 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: For Tr. 23371-9 & Tr. ~R371-10 Iwhichever records first}: Improve La Serena Way from westerly phase boundary of unit 10 to Temeku Drive to Secondary Highway Standards (88' R/W) to include dedication of full- width street right-of-way; installation of half-width street improvements plus overlay of existing northerly half-street to satisfaction of the Public Works Director; full section paving; curb and gutter; sidewalk; street lights; drainage R:~TAFFEP~I42PA97.COA 9D/F/~1 4 facilities; signing and striping; utilities (including but not limited to water and sewer). For Tr. ~3.~7'1-11 & Tr. ~R371-1R (whichever records first}: bo Improve La Serena Way from westerly boundary of Unit 10 to Meadows Parkway to Secondary Highway Standards (88' R/W) to include dedication of full-width street right-of-way; installation of half-width street improvements plus overlay of existing northerly half-street to satisfaction of the Public Works Director; full section paving; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). For Trs. P3371-9. ~RR71-11. ~RR71-1P & Tr. ~3371-F (whichever recnrds first): Co Improve Temeku Drive to match existing improvements constructed per Unit 1 (MWD right-of-way) to La Serena Way to Modified Collector Standards (62' R/W) to include dedication of full-width street right-of-way; installation of full-width street improvements; full section paving; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). For Trs. ~R371-11 & 9.~R71-1R (whichever crimes first} Improve Meadows Parkway from existing improvements to southerly boundary of Unit 11 to Major Highway Standards (100' R/W) OR meet and match improvements completed per Tract. No. 28482. In either case, obligation includes dedication of full-width right-of-way; installation of half-width paved street improvements plus full raised traffic safety island, 12-foot paved travel lane easterly of centerline and an eight-foot D.G. shoulder; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). Improve all interior streets to Modified Local Standards (50' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 25. All street improvement design shall provide adequate right-of-way and pavement transitions per CaI-Trans standards for transition to existing street sections. 26. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans, as specified in City Standards and/or Specific Plan Amendment No.3: Minimum street centerline radii shall be 250 feet, except as modified through the Spat}fiG Plan. be Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Maximum street grade shall not exceed 12%. R.'~TAFFRP~I42P~.COA 9/~9~ M ~ ho Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets and designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with Modified City Standard Nos. 400 and 401 to a standard width of 4.5 feet contiguous with face of curb. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall.be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes an([ the utility provider. Cul-de-sac geometries shall meet current City Standards. 27. 28. 29. 30. 31. Relinquish and waive right of access to and from Margarita Road (Unit 8); La Serena Way (Units 8,9,10, 11 and 13); Meadows Parkway (Units 11 and 43)on the respective Final Maps with the exception of interior street openings as approved by the Department of Public Works. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with each final map to delineate identified environmental concerns and shall be recorded with each final map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. Special Study Zones. b. Geotechnical hazards identified in the project's geotechnical report. c. .Archeological and paleontological resources found on the site. 32. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 33. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 34. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 35. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 36. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted each final map. 37. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating 'dra/nage easements shall be kept free of buildings and obstructions." Prior to Iseuance of Grading Permits 38. As deemed necessary by the Department of Public Works, the DeveloPer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Metropolitan Water District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 39, A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. R~TAFFRI~I~I421~A~7.COA ~ ~1 7 40. An updated Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 41. An updated Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 42. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upaizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 43. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 45. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 46. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 47. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of BLdlding Permits 48. The corresponding Final Map shall be approved and recorded. R:~TAI;FRP~ 142PA.97.COA 9/3,~7 od 8 49. A Precise Grading Plan shall be subm~ed to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 50. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 51. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Memorandum of Understanding dated April 23, 1996. Prior to Issuance of Certificates of Occupancy 52. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 53. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 54. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 55. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. BUILDING AND SAFETY DEPARTMENT 56. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, T~la 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 57. Obtain street addressing for all proposed buildings prior to submittal for plan review. 58. Provide electrical plan including loan caics and panel schedule, plumbing schematic and mechanical plan for plan review. 59. Prior to building permit issuance, approval must be obtained from the Water District, Sanitation District, Public Works Department, Fire Department, Planning Department and Building Department. 60. Based on submitted documents, the occupancy classification of the proposed use shall be R-3, U-1. 61. Trusscslculations that are stamped by the engineer of record, the truss manufacturers engineer, are required for plan review submittal. TEMECULA COMMUNITY SERVICES DISTRICT Community Services has reviewed the revised tentative map application and has the following conditions of approval: ~;NFRAI RF~!JlRI:MI:NT-q: 62. The park dedication requirement (Quimby) shall be satisfied with the development and dedication of the community park identified as Lot No. 475 in future Tract no. 23371 13. 63. The design of the community park shall be in conformance with the conceptual design identified within Specific Plan No. 199, Amendment No. 3. The actual size of the park shall be determined upon submittal of the final map for Tract No. 23371-13. 64. Ballfield lighting shall be provided within the community park to allow for night use of the playing fields. The developer shall provide a disclosure to all properties adjacent to the park regarding the use of ballfield lighting. 65. The community park shall provide for pedestrian circulation and handicapped accessibility pursuant to the American Disability Act (ADA) Standards. 66. The installation of all slopes and landscaped medians shall be in conformance with the City of Temecuia Landscape Development Plan Guidelines and Specifications. 67. Construction of the community park, slopes and landscaped medians proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 68. The community park shall be dedicated to the City free and clear of any liens, assessments, or easements that would preclude the City from using the property for public perk purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 69. The developer shall complete the TCSD application process prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. The developer shall maintain the perk facility, slopes and landscaped medians until such time as those responsibilities are accepted by the TCSD or other responsible party. 70. Exterior slopes adjacent to Margarita Road, La Serena Way, Meadows Parkway, and Rancho California Road shall be maintained by an established homeowner's association R:~fAIrFRP~! 42PA97.COA 9/3/97 M ]0 until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior slopes, open space, perimeter walls, and entry monumentetlon shall be maintained by a homeowner's association. 71. Bike lanes shall be provided on site to intercept with the City's Park and Recreation Master Plan, Class II bike lanes shall be completed in concurrence with the street improvements. PRIOR TO RECORDATION OF FINAL MAPS: 72. Prior to recordation of the respective final map, landscape construction drawings for the community park, perimeter slopes and raised landscaped medians shall be reviewed and approved by the Director of Community Services. 73. If the community park has not been completed prior to the recordation of future Tract No. 23371-13, then subdivider shall enter into an agreement and bond for park improvements prior to recordation of said map. PRIOR TO ISSUANCE OF BUILDING PERMITS: 74. Prior to the installation of street lights or issuance of building permits, whichever comes first,'the developer shall pay the appropriate fees to the TCSD for the dedication of arterial and residential streets into the appropriate TCSD maintenance program. 75. The community park in future Tract No. 23371-13 shall be improved and dedicated prior to the issuance of the 608th overall residential building permit within the Temeku Hills development. PRInR TO !-~UANCI: nF ~-I;RTIFI~ATF~ OF n~-~HPAN~Y: 76. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 77. Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. OTHER AGENCIES 78. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's transmittal dated May 16, 1997, a copy of which is attached. 79. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 21, 1997. a copy of which is attached. 11 80. The applicant shall comply with the recommendations outlined in the Riverside County Flood Control and Water Conservation District's transmittal dated June 26, 1997, a copy of which is attached. I have read, understand and accept the above Conditions of Approval. Applicant Name astern ./¥lEuni¢ipa| L)istrict May 16, 1997 Riverside County Heallit Department c/o Rick Engineemil Company 3050 Chicago Avenue $u~ 100 Riverside, CA 92507 Gentlemen: RE: Aveilelailly of 'San!troy,Sewer Sanace for Tentative Tract :~3371 . We hereby adv~e you relative to I~a availabi~ of sanimy ~wer senate for the above referenced IXOpaaed development as toilm~: The property to be occupied by the subject propmad development ~ PR!=m=NT~ Y l OCAT!=n within lite bounclap/lines of INs Disldc~ Improvement District No. U4 and is eliglide to receive sanitary sewer sewice, Upon submittal o~ pbns for review the District will determine the foffowing: 1) Major off-~le facilities may be requkad to eewe Utis project. Sanitary sewer service will be rode available to the subject property provided: 1) The developer completes all necee&my firmnclal and other arrangements therefore, as ,~ete,,,~,m:l in/the Dislrict, ~ b~e Dislriot by November 1998 That no ! ~TING CONnrI1ONS exist which AR~= R!=YOND this DISTRIC'I~ CONTROL or CANNOT m= CO~T-~FF;CTIV~ Y and/or reasonably siliaaad by the Oisak~ which condrdons m~/ include but are not limited to, acts of God, R;GUI RTORY AG~=NCY REt~UIR!=M!=NT~ or decisions, or legal actions in'dJated by others; if you have any questions or comments regarding the foregoing, do not he~sitate to 6ontaot thia of~e. Assistant Director of Customer Service HAY 2 0 997 RICK ENGINEERING CO. Mall to: Post Office Box 8300 · San Jacinto, California 92581-8300 · Telephone (909) 925.7676 · Faz (909) 929-0257 K~ain Office: 2045 $. San Jaclnto Avenue, San Jacinto · Customer Service / Engineerins Annez: 440 E. Oakland Avenue, Hemet, CA Operations 6c IVlaintenance Center: 2270 Trumble Road. Pettis, CA 92571 · Telephone (909) 928-3777 * Fa~ (909) 928-6177 May 21,199 Ms. Carafe Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABIUTY TRACT MAP 23371-REVISION PLANNING APPLICATION NO. PA97-0142 Dear Ms. Donahoe: Please be advised that the above-referenced property is located within the boundaries of Rancho Califomia Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. The Developer should contact RCWD concerning facility requirements, upsizing the required facilities, and the relocafion of any District facilities. If fire protection is required, the customer will need to contact RCWD for fees and requirements. _ Water availability would be conUngent upon the property owner signing an Agency Agreement which assigns water management.rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 97/8B:eI~097-1/F012/FEI= C: Laurie Williams, Engineering Se~ices Supervisor Rancho California Water Distrier 42:J. 35 Winchester Road · Po~t¢)ft~¢eBo'~)l? · 'r'i.mp~,,l~ (~nl;t'~rn~ O~)'~-O~%1~ ' ~rt~'--c ..... *'.~ DAVID P. ZAPI)E Gceetal Mana~.~'.~'hicf -Eeghtcer City of Temecula P ' Depam[mn_ t 4~n~ulsiness Park Drive Temecula, California 92590 Ladies and C-~ntlemen: 1995 MARKET STREET RIVERSIDE, CA 9250 I 909/275- ! 200 909/788-9965 FAX 7829. I RIVERSIDE COUNTY FLOOD CONTROL:-"i:'" :. ' ........... AND WATER. CONSERVATION DISTI~IC:T~~ .:~i.'-."' .~ ,.- ,i .i! ,.: ~-; ~-:. :' diainage faci~ which could be (x~._~ar: a a K)ga~_ (x:.,,q)or.~.~or a:~ana~u..n or a ramtar pin ayatam, and Diab~ required. ~..Ch/ai~_- _ Plan. Tha Dtaldcl r~lidsr ~ _==a~t"al c/.,~,,_.alS~_ _ of audt f",::liaa oa wnltm raqu~t reclmr~ mr umalc~,~ ==ar~;nc~. Plan cha<~ k~a~l~[on m)d ad.&'ti~dli~e me~ wig be requi~d. GFN;:RAI INFOrMaTION . . /~greemen[ . ' _~s and C-mine and a C.4ean Water A~t requireq from the local ~alifomia,Reoional Water OuaiJty Control Board imor to issuance of the Corps 404 permit. C: ~Ven/truly yours, . Senior Civil Engineer ATTACHMENT NO. 7 INITIAL ENVIRONMENTAL ASSESSMENT DATED AUGUST 20, 1997 ~,:~T~I42PA97.PC 9/3/97 lib 40 CITY OF TEMECULA Environmental Checklist 1. Project Title: Planning Application No. PA97-0142 (Tentative Tract Map No. 23371- Revised) Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199) Plaoning Application No. PA97,0161 (General Plan Amendmen0 Planning Application No. PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village A) l.ead A~en~y Nsme and Address: City of Tcmecula, 43200 Business Park Drive, Temecula, CA 92590 Contact Person and Phone Number: Carole K. Donahoe, Project Planner (909) 694-6400 Project location: South of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Temeku Hills Specific Plan (formerly Margarita Village) Project ~l~on~or's N~me *nd Address: McMiHin Project Services, Inc., 2727 Hoover Avenue, National City, CA 91950 General Plsn r~esignation.~: Very Low/Rural Density Residential Low Density Residential Low Medium Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Public and Institutional Facilities Op~n Space/Recr~on (.2 to .4 dwelling units per acre maximum) (.5 to 2 dwelling units per acre maximum) ( 3 to 6 dwelling units per acre maximum) (7 to 12 dwelling units per acre maximum) (13 to 20 dwelling units per acre maximum) Specific Plan Descrii~tion of Prqject: To change the G,mcral Plan density designations from Low Medium Density Residential to Low Density l~esidentin! within H~mingArea 2, from Neighborhood Commercial to Medium R:\C2EQA\ 160PA9'/.IE5 ~20/9'/klb 1 10. Density Residential within Planning Area 3g, and from Medinn~ De~ity Residential to Low Medium Density Residential within Planrang Area 40, all within Specifm Plan No. 199. To request approval of Amendment No. 3 to Specific Plan No. 199, Temeku Hills (formerly · Margarita Village). To request approval of Amendment and restatement of Development Agreement for Specific Plan No. 199, Village A) To subdivide 74.5 acres into 368 single family residential lots, 2 landscape lots and 2 open space/recreational lots. To subdivide 6.04 acres into 44 single family residential lots. To revise the subdivision of 118.3 acres within Tentative Tract Map No. 23371, creating 474 single family residential lots, and I park site. Environmental Impact Report No. 202 was prepared for fig Margarita Village Slx-cific Plan and certified by the County Board of Supervisors. It has been nine (9) years since the environmental analysis was performed for this project. Therefore, Staff prepared another lmtial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR would result from the pwposed project, changes in circumstances, or new information. /n areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant, which was submitted as an Addendum to EIR No. 202. Based upon $taff's analysis, the project is consistent with the information contained in the previously certified ERR.. Due to the limited scope of the proposed changes to the specific plan, there will b~ no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Enviiom~clmd Quality Act (CEQA) Cmidelines, no additional EIR is requir~ unless additional impacts not previously considered, or substantial increags in the severity of impacts, may result from: substantial changes in the c/rcumstances under which the project is undmaken which would require a major revision in the ENk or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occmred; therefore, no further environmental analysis is required. SurrouMi~ t.,md Uses The site is surrounded by residential subdivisions to the west and norih, and partially developed residential subdivisions to the east and south. Commercial development has occurred to the west, as well as an occupied mobile home park. The project site is partially developed with a golf course and golf amemties, residences, parks, schools, post office, church and open space. Other l:mblic a~gencies whose approval is re~qpired: Riverside County Fire Dopatnnent, Department of Environmental Health, and Flood Control; Eastern Municipal Water District, Rancho California Water District; Temecula Valley Unified School District, the Gas Company, Senthem California Edison Company, General Telephone Company, Riverside Transit Agency. R:~EQA\I60PA97.1ES ~20/~/klb 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, revolving at least one impact that is a "potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Geologic Problems [ ] Water [ I Air Quality [ ] Transportation/Circulation [ ] Biological Resources [ ] Energy and Mineral Resources [X] None DETERB~NATION On the basis of this initial evaluation: [x ] [ ] Noise [ ] Public Services [ ] Utilities and Service Systems Aesthetics [ ] Cultural Resources [ ] Recreation [ ] Mandatory Findings of Significance I find that the proposed project COULD NOT have a significant on the environment, that none of the conditions described in Pubhc Resources Code Section 21166 and CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIP,, have ocoured; therefore, the previous analysis performed under EIRNo. 202 and certified by the County Board of Supervisors adequately addresses aH hnpacts from this project. Staff is recommending the Planning Commission and the City Council Mak~ a Determin~tio~ of Consistency With a Project for Which an Environmental Impact Report (EIR) was Previously Certified and Findings that a Subsequent EIR is not required. Signature Printed Name R:~CEQA\I60PA97.1E~ ~/20/9'/Mb 3 I$SUF.~ AND $UPI'ORTINO INFOItMATION SOURCES Si~nifi~nt Unkss Mitigation No 1AND USE AND PLANNING. Would the proposal: a. Conflict with the proposed general plan designation or zoning? [] b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? [ ] c. Be incompatible with existing land use in the vicinity? (Source 1, Figure 2-1, Page 2-17) [ ] d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impsets from incompatible land us~) [ ] e. Disrupt or divide the physical arrangeanent of an established community (including low-income or minority community)? [ ] POPULATION AND HOUSING, Would be proposal: a. Cumulatively exceed official regional or local population projects? [ ] b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrasiructure)? [ ] c. Displace existing honsmg, especially affordable housing? [ ] GEOLOGIC PROBLEMS. Wo..!d the proposal result in or expose people to potential impsels bmvolvhm~: a. Fault rapture? [ ] b. Seismic ground shaking? [ ] c. Seismic ground failure, including liquefaction? [ ] d. Seiche, tsunsmi, or volcanic hazard? [ ] e. Landslides or mudflows? [ ] f. Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? [ ] Subsidence of the land? [ ] Expansive soils? [ ] Unique geologic or physical featwes? [ ] [1 [1 [] [] [] [] [1 [1 [] [] [1 [3 [3 [1 [1 [1 [] [1 [] [] [] [] [1 [] [1 [1 [] [1 [] [1 [] [] [] IX] [x] [x] [x] Ix] ix] Ix] ix] R:~-'EQA[160P~?.!ES' ~/'20/~Y Mb 4 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Potentially Unless L~s Than $ignil'~ant Impact No 4. WATER. WouM the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and mount of surface b. Exposure o£people or property to water related hazards such as flooding? c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d. Changes in the amount of surface water in any water body? e. Changes in currents, or the course or direction of water movements? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g. Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? $. AIR QUA/.gI'Y. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? b. Expose sensitive receptora to pollutants? c. Alter air movement, moisture o~ temperature, or cause any change in climate? d. Create objectionable odors.* 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a. Increase vehicle trips or traffic congestion? b. Hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses)? [] £] [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [1 [1 [] [] [1 [] [1 [1 [1 [] [] [] [] [] [] [] [1 [] [1 [1 [] [] [] [] [1 [] [] [Xl IX] IX] [x] IX] IX] [xl IX] IX] IX] IX] R:\CEQAX160PA9?.IE8 ~20/97 klb 5 ISSUES AND SUPPOR.TINO INFORMATION SOURCES Potinitially Polemially Mi~smi~ NO c. Inadequate emergency access or a~,ess to nearby uses? d. Insufficient parking capacity on-site or off-site? c. Hazards or barriers for pedestrians or bicyclists? f. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g. Rail, waterborne or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Bndangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? b. Locally designated species (e.g. heritage trees)? c. Locally designated natural communities (e.g. oak forest, cosstal habitat, etc.)? d. Wetland habitat (e.g. marsh, ripsrian and vernal pool)? e. Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewal resources in a wasteful and inefficient manner? c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? HAZARDS. Would the propreal involve: a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? b. Possible interfereuce with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? [] [] [] [] [] [] [1 [1 [] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [l [1 [1 [3 [] [] [] [] [] [] [] [] [] pc] IX] R:~C"EQA~I~OPA9?.IHS ~20/97 Idb (~ ISSUES ~JqD SU]'PORT~NO INFORMAT'ON SOURCES d. Exposure of people to existinl~ sources of potential health hazards? e. Increase fire hazard in ~reas w th flammable brush, ~rass, or u'e~? 10. NOISE. Would the proposal reamair in: a. Increase in existing noise levels? b. Exposure of people to severe n~ise levels? 11. PUBLIC SERVICES. Would th~ proposal have an effect upon, or result in a need for new or altered government services in any of the following a a. Fire protection? · b. Police protection7 c. Schools? d. Maintenance of public facilities, including roads? e. Other governmental services? 12. UTUATIES AND SERVICE SYSTEMS. Would the proposal result in a need for new ~yatems or supplies, or substantial alterations to the fmJowing utilities: a. Power or natural gas? b. Communications systems? c. Local or regional water treatmen or distribution facilities? d. Sewer or septic tanks? ¢. Storm water drainage? f. Solid waste disposal? g. Local or regional water supplies? 13. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aef. h~tic effect? Potentially [] [] [] [3 [1 [] [] [] [] [] [] [] [] [] [] [1 [1 Polentinily Significant Unless Mitigation ~d [] [] [] [] (] [] [] [] [] [] [] [] [1 [] [] [] [1 [1 Signifi~mt [] [] [] [] [1 [] [] [] [ ] [] [] [1 [] [] [] [] [] [] No IX] [x] [x] IX] [x] [x] [x] [x] R:\CEQA\I61)PA.97.1ES ~20/97 i~b 7 ISSUES AND ~.rPPORTING IrlFORMATION SOURCF~ Pot~tially Signif~m Impm Pom~idly lnc~j~-md Significant No 14. 15. 16. c. Create light or glar~ CULTURAL RESOURCES. Would the prop~al: a. Disturb paleontologi~al resources7 b. Disturb archaeological resources? c. Affect historical resc~ces? d. Have the potential to cause a physical change which would affect unique ethnic cultural values? e. Restrict cxisting religious or sacred uses within the potential impact area? RECREATION. Wou d ti~ proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? b. Affect exiting recr~ .tional opportunities? MANDATORY FIND: NGS OF S~GNIFICANCE. Does the project have the potential to degrade the quality of the environment, sabstantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-s~,~,ining levels, ~'eaten to eliminate a plant or animal conunumty, reduce the number of resUict the range of a r&-e or endangered plant or ~ or eliminate important examples of the major periods of Califomia history or prehistory? b. Does the project have the potential to echieve short-term, to the disadvantage of long. raton, enviroummtal goals? Does the project have impacts that area individually limited, but cumulatively considerable? ("Cumulatively considerable" means ~ the incremental effects of a pwject are considerable when viewed in coonaction with projects, and the effe~ ~ of probable future projects). Does the project have environmental affects which will cause substantial adverse effects on human beings, either [) [1 [] [] [] (] [] [] [) [] [1 [] (] [] [] [] [] [] [1 [] [) () [] [) (] [] [1 [1 [) [] [] [1 [) [] [) [) (x] [x] [x] [~ 17. EA!~L/i~R ANALYSES. Earher analy~s may be used whoz, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adeq~!¢ly analyzed in an eat ier EIR or negative declaration. Section 15063(cX3)(D). Earlier ataly~s used: Envirc, unental Impact Report No. 202 was prepared for the Margarita Village Specific Plan and certified by the County Board ~f Supervisors. It has be~ nine (9) years since the environmental analysis was performed for this project. Therefore, St~ffprepared another Initial Envix~nv,n~al ~t to examine the question of whether any impacts beyond tho~ analyzed in the previous E]R would result from the propoland project, changes m cu'cumstances, or new information. SOURCES i. City of Temecula General Plan. 2. Cin/of Temecula General Plan Fir. al Environmental Impact Report. 3. South Coast Air Quality Managercent District CEQA Air Quality Handbook. Addendum to EIRNo. 202 dated.~ly 16, 1997 R:~..EQA\I60PA9~.IEB 1120~97 Idb 9 EXPLANATION OF CHECKLIST JUDGEMENTS The following checklist judgements list the level of impact anticipated from the proposed project. These judgements are made against the baseline of the adopted Specific Plan. The checklist judgements address the ClUeStion of whether the proposed project revisions would result in additional impacts, not previously addressed in the previously certified EIR. 1. Land Use Planning a) b) c) d) e) e b) No Impact. The proposed changes to Planning Areas 41, 42 and 43 are consistent with the General Plan designations and zoning in these areas. Other proposed changes include an amendment to the General Plan designations in order to maintain consistency with the General Plan and zoning. The project will decrease density in Planning Area 2 from 3-6 dwelling units per acre to 2 dwelling units per, which is consistent with the proposed Low density designation. Planning Area 40 will decrease density from 7-12 dwelling units per acre to 4.94, which is consistent with the proposed Low Medium density designation. The project proposes a Change from Neighborhood Commercial uses in Planning Area 38 to Medium density residential uses at 6.18 dwelling units per acre. No Impact. The proposed project will not conflict with applicable environmental plans or policies adoptedby agencies with jurisdiction over the project. The proposed project does not introduce new land uses nor propose development in areas not previously designated for development. Overall, the proposed project decreases the density of the previously approved specific plan in both dwelling units per acre and intensity of use. Therefore, staff has determined that the proposed project does not affect previously adopted environmental plans or policies. No Impact. The proposed project will not be incompatible with existing land uses in the vicinity. Most of the adjacent land uses in the area are also residential. No buffering is required. No Impact. The proposed project revises portions within a specific plan that is already partially developed with golf course, schools, churches, parks and residential development. No agricultural activity has occurred at the site for several years. No Impact. The proposal will not disrupt or divide the physical arrangement of an established community. The proposed project is consistent with the adopted Specific Plan and will not disrupt or divide the physical arrangement of the community in an manner that is different than contemplated in the Specific Plan. The proposed project, in fact, is intended to enhance the physical arrangement of the Temeku Hills community. Population and Housing No Impact. The proposal will not cumulatively exceed official regional or local population projects. The proposed project is consistent with the adopted Specific Plan and decreases the amount of density. It is therefore consistent with official regional and local projections. No Impact. The proposal will not induce substantial growth in an area either directly or indirectly beyond that previously analyzed in the previously certified EIR for the Specific Plan. The proposed project is consistent with the adopted Specific Plan. c) b) c) d) e) f) §) h) I) No Impact. The proposal will not displace existing housing, especially affordable housing. The proposed project site is currently vacant. Geologic Problems No Impact. The proposal will not result in any additional impacts from fault rupture beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impact from seismic ground shaking beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts from seismic ground failure or liquefaction beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts from a seiche, tsunami or volcanic hazard beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts from landslides or mudflows beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts from erosion, changes in topography or unstable soil conditions from excavation, grading or fill beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No additional significant geotechnical information regarding the project site, erosion, soil or grading related impacts have been developed since certification of the EIR. No Impact. The proposal will not result in an impact due to subsidence of the land. The proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. No additional significant geotechnical information regarding the project has been developed since certification of the EIR. Therefore. no additional impacts beyond those described in the EIR are anticipated. No Impact. The proposal will not result in any additional impacts from expansive soils beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No additional significant geotechnical information regarding the project has been developed since certification of the EIR. No Impact. The proposal will not result in any additional impacts to unique geologic or physical features beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. b) cl d) e) f) g) h) I) Water No Impact. The proposal will not result in any additional changes in absorption rates, drainage patterns, or the rate and amount of surface runoff beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional exposure of people or property to water related hazards such as flooding beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional discharge into surface waters or other alteration of surface water quality beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional changes in the amount of surface water in any water body beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. .. No Impact. The proposal will not result in any additional changes in currents, or the course or direction of water movements beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional change in the quality of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional alteration to the direction or rate of flow of groundwater beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts to groundwater quality beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional substantial reductions in the amount of groundwater otherwise available for public water supplies beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. Air Quality No Impact. The proposal will not result in any additional potential to violate any air quality standard or contribute to an existing or projected air quality violation beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional exposure of sensitive receptors to pollutant beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. c) No Impact. The proposal will not result in any additional alteration of air movement, moisture or temperature, or cause any change in climate beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. d) No Impact. The proposal will not result in the creation of any additional objectional odors beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. T ransponation/Ch'culation No Impact. A subsequent Traffic Impact Assessment was prepared on June 27, 1997, by Wilbur Smith Associates to assess the vehicle trip generation impacts of Specific Plan Amendment No. 3. This Assessment was submitted for the project and reviewed by Staff. The Assessment concluded that the reduction of dwelling units associated with Amendment No. 3 would generate approximately 735 fewer daily vehicle trips than the previously approved Specific Plan with Amendments. The Assessment further noted that the proposed project would generate 4,273 fewer trips than what is assumed by the City of Temecula's General Plan Circulation Element Traffic Model (GPCETM). The Assessment also concluded that the elimination of the commercial center would result in the reduction of an additional 4,000 daily vehicle trips relative to both the GPCETM and the previously approved Specific Plan. b) No Impact. The proposal will not result in any additional hazards to safety from design features beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. c) No Impact. The proposal will not result in any additional inadequacies for emergency access or access to nearby uses beyond those described in the previously certified EIR. The project will result in a reduction in the existing inadequacies for emergency access or access to nearby uses by improving circulation in the area. Since the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan, no impacts are anticipated. d) No Impact. The proposal will not result in any additional insufficiencies to parking capacity on- site or off-site beyond those described in the previously certified EIR. Since the proposed project is within the scope of the previously certified EIR, reduces the intensity of uses, and is consistent with the approved Specific Plan, no impacts are anticipated. e) No Impact. The proposal will not result in any additional hazards or barriers for pedestrians or bicyclists beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. Additionally, the proposed park plan included with the project has been designed to encourage f) g) b) c) d) e) e b) c) pedestrian routes separate from vehicular routes. Tentative Tract Map No. 28482 included with the project has been designed with walkways that connect cul-de-sacs to the street system encouraging pedestrian routes through the residential area. No Impact. The proposal will not result in any additional conflicts with adopted policies supporting alternative transportation beyond those described in the previously certified EIR. See Response 6.e. above. No Impact. The proposal will not result in any additional conflicts with rail, waterborne or air traffic beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. Biological Resources No Impact. The proposal will not result in any additional impacts to endangered, threatened or rare species or their habitats beyond those described in the EIR. This is because the proposed project is within the scope of the EIR, is consistent with the approved Specific Plan, and proposes uses in areas previously slated for development. No Impact. The proposal will not result in any additional impacts to locally. designated species beyond those described in the previously certified EIR. See Response 7.a. above. No Impact. The proposal will not result in any additional impacts to locally designated natural communities beyond those described in the previously certified EIR. See Response 7.a. No Impact. The proposal will not result in any additional impacts to wetland habitat beyond that described in the previously certified EIR. See Response 7.a. above. No Impact. The proposal will not result in any additional impacts to wildlife dispersal or migration corridors beyond that described in the previously certified EIR. See Response 7.a. above. '" Energy and Mineral Resources No Impact. The proposal will not result in any additional conflicts with adopted energy conservation plans beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts from the use of non-renewal resources in a wasteful and inefficient manner beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts to which would result in the loss of availability of a known resource that would be of future value to the region and the residents of the state beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. 9. Hazards a) No Impact. The proposal will not result in any additional impacts to a risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation) beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR, eliminates the commercial uses at the site, and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impacts to or in a possible interference with an emergency response plan or emergency evacuation plan beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. c) No Impact. The proposal will not result in any additional impacts to in the creation of any health hazard or potential health hazard beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. d) No Impact. The proposal will not result in any additional impacts to expose people to existing sources of potential health hazards beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. e) No Impact. The proposal will not result in any additional impacts or increases to fire hazards in areas of flammable brush, grass, or trees beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. 10. Noise Noise impacts will occur during grading and construction of the project Impacts during construction will be lessened by controlling the time construction activities are allowed to take place. a) No Impact. A revised Noise Evaluation was prepared on July 15, 1997 by Wilbur Smith Associates to assess the noise impacts generated from traffic and the community park proposed by Specific Plan Amendment No. 3. The Evaluation concluded that noise walls ranging from 2 feet to 5 % feet should be constructed between the street and certain residential lots along Margarita Road, Rancho California Road, La Serena Way, Meadows Parkway and various internal streets within Village "A." The Specific Plan calls for perimeter "community walls" along all public streets which are designed at a minimum height of 5 % feet, and are an appropriate sound attenuation measure already incorporated into the project. The Evaluation also analyzed the potential noise impacts related to the park and concluded that the park would not generate significant noise impacts, provided that an amplified public address system is not used at the park. b) No Impact. The proposal will not result in any additional exposure of people to severe noise levels beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. a:~csQ^u~o~a7.~s v2o~7 Ub 15 11. b) c) d) e) 12. a) b) c) d) Public Services No Impact. The proposal will not result in any additional impacts or result in a need for new or altered fire protection services beyond those described in the previously certified EIR. This is because the'proposed project is within the scope of the EIR, decreases the density and intensity of uses, and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts or result in a need for new or altered police protection services beyond those described in the previously certified EIR. See Response 1 1 .a. above. No Impact. The proposal will not result in any additional impacts or result in a need for new or altered schools beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR, decreases the density of residential development, provides school sites, and is consistent with the approved Specific Plan. No Impact. The proposal will altered maintenance of public certified EIR. This is because consistent with the approved not result in any additional impacts or result in a need for new or facilities, including roads beyond that described in the previously the proposed project is within the scope of the EIR and is Specific Plan. No Impact. The proposal will not result in any additional impacts or result in a need for other new or altered governmental services beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. Utilities and Service Systems No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to power or natural gas beyond those described in the EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to communication systems beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to sewer or septic systems beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. e) f) g) 13. a) b) c) 14. a) b) c) d) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to storm water drainage beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to slid waste disposal beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to local or regional water supplies beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. Aesthetics No Impact. The proposal will not result in any additional increase or affect to a scenic vista or scenic highway beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional demonstrable negative aesthetic effect beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts from light and glare beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. The proposed community park is designed to front La Serena Way, with a school across the street. The park proposes to include walkway lighting and lighted softball fields. The level of onsite lighting and fixtures shall comply with any and all applicable requirements and policies of the City of Temecula and the Mount Palomar Observatory. Additionally, the lighting of the softball fields shall be limited to nighttime hours until 10:00 p.m. Cultural Resources No Impact. The proposal will not result in any additional impacts to paleontological resources beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR, proposes development in areas previously slated for development, and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts to archaeological resources beyond those described in the previously certified EIR. See Response 14.a. above. No Impact. The proposal will not result in any additional impacts to historical resources beyond that described in the previously certified EIR. See Response 14. a. above. No Impact. The proposal will not result in any additional impacts to cause a physical change which would affect unique ethnic cultural values beyond that described in the previously certified EIR. See Response 14.a. above. R:\CEQA~, 160PAg'/.1E8 ~20/~7 klb 17 e) No Impact. The proposal will not result in any additional impacts which would restrict existing religious or scared uses within the potential impact area beyond that described in the previously certified EIR. See Response 14.a. above. 15. Recreation a) No Impact. The proposal will not result in any additional impacts or an increase in the demand for neighborhood or regional parks or other recreational facilities beyond those described in the previously certified EIR. This is because the proposed project is within the scop. e of the previously certified EIR, proposes additional recreational facilities not previously included in the project, decreases the residential density of the project, and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impacts affecting existing recreational opportunities beyond those described in the previously certified EIR. See Response 15.a. above. ATTACHMENT NO. 8 EXHIBITS CITY OF TEMECULA RASH0 ]SITE CASE NO. - PA97-0142, 143, 144, 160, 161, 204 E~CHIBIT A PLANNI1NG COMMISSION DATE - SEPTEMBER $, ]997 9/3/97 CITY OF TEMECULA CASE NO. -PA97-0142, 143, 144, 160, 161, 204 EXHTRIT B PLANNING COMMISSION DATE - SEPTEMBER 8, 1997 GEN~RAL PLAN MAP R:~TAFPRF~I42PA97.PC 9/3/97 CITY .OF TEMY. CULA M M CASE NO. - PA97-0142, 143, 144, 160, 161, 204 E~x!fiKIT C EXISTING SPECIFIC PLAN NO. 199 - LAND USE MAP ]'LANNn%TG COM~n~ON ])ATE :_._.~ .p~e.. abet S, 1997 R:~TAPFRI~I42PA97.PC 9/3/97 kll) CITY OF TEMECULA MN CASE NO.- PA97-0142, 143, 144, 160, 161, 204 STATISTICAL SUMMARY I. AND USE ACF ]-'T'--~ ,o,, ~AT~ EXIHRIT D PROl'OS~'~n SPECIFIC PLAN NO. 199 - LAND USE ~ PLANNING COMMISSION DATE - ~EI-rEMBER 8~ 1997 ....... ]~:W~AFFRP~I42PA97.PC 9/3/97 klb CITY OF TEMECULA COMMUNITY MAI~NANCE RESPONSIBILITY EXHIBIT CASE NO. - PA97-0142, 143, 144, 160, 161, 204 E~mmlT E MAilgTENANCE ~NSIBHATY PLANNING COMMISSION DATE - SEPTEMBER 8, 1997 it: ~TAI~I~I42~A~7 .PC 9/3/97 CITY OF TEMECULA CASE NO. - PA97-0142, 143, 144, 160, 161, 204 ~IT -'F PLANNING COMMASSION DATE - sEFrEM~ER 8, 1997 TI~NTATIVi~ TRACT MAP NO. 284~ R:WrAPFR.w~I4~A97.PC 9/3/97 CITY OF TEMECULA I 9~4~020 CASE NO. - PA97-0141, 143, 144, 160, 161, 204 EXHIBIT - G PLANNING COMMISSION DATE - SEPTEMBER 8, 1997 TENTA~ TRACT MAP NO. 28~26 R :~TAFFRFT~ 142PAg"/.PC 913/97 CITY OF TEMECL~A I CASE NO. -PA97-0142, 143, 144, 160, 161, 204 I~CHIBIT - H TENTATIVE TRACT MAP NO. 23371 REVISED PLANNING COMMISSION DATE -$EFrEMaER 8, ~7 l~k~TAFFRPT~I42PA97.PC 9f3/97 klb ATTACHMENT NO. 7 CORRESPONDENCE FROM THE LA SERENA HOMEOWNERS ASSOCIATION DATED SEPTEMBER 5, 1997 ~A~;m"nl~,O~^..CC ]on~ 34 Homeowners Association J S~ptember 5, 1997 City of Temecula Planning Division P.O. Box 9033 Temeeula, CA 92589-9033 Attemion: Carole Donahoe, Project Planner RE: Planning Application Nos. PA97-0142. PA97-0143. PA97-0144. PA97-0160. PA97-0161 and PA97-0204 Dear Ms. Donahoe: This letter is to file our concerns with the above planning applications by Temeku Hills Development Paxtriers, L.P. While we are not objecting to the building of the houses, we are concerned about the grading of the lots that face the La Serena development Several years ago, when The Buie Corporation first began grading this site, we filed our concerns about the height and steepness of these slopes. A cheek of the records showed that they were graded higher and steeper than what was approved by the Planning Commission. The sound of the traffic along La Serena Way is reflected off the steep slopes and bounces back directly into the houses that border that street. Back in this same time frame, we also had a noise study done which indicated that the noise was above acceptable levels. Mr. Ray McLaughlin took copies of the noise study and attended several commission and council meetings, presenting the noise study to the members. Shortly thereafter, The Buie Corporation went bankrupt and the project was stopped. The Board of Directors was still concerned about the hills and the noise. Councilman Jeff Stone, mayor at that time, attended one of our board meetings and witnessed firsthand the noise, steepness, etc. He assured us that these concerns would be addressed before any future plans for th/s development were approved. Post Office Box 890134 · Temecula, California 92589-0134 · (909) 676-2590 The La Serena Board of Directors would like to ask you to check into these concerns before approving the planning applications shown above. We have no objection to the building of the development as long as the slopes can be lowered and made less steep. If you need to have a representative of La Serena Homeowners Association attend the public hearing on September 8, 1997 at 6:00 p.m., please let me know. Sincerely, Mrs. Leslie Marine Project Manager ITEM 26 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~:~ CITY OF TEMECULA AGENDA REPORT City Council City Manager October 7, 1997 Proposed Annexation of Redhawk and Vail Ranch Communities PREPARED BY: Gary Thornhill, Director of Community Development RECOMMENDATION: during the presentation. That the City Council review the information provided by Staff BACKGROUND: During the June 10, 1997 Meeting, the City Council directed Staff to conduct a cost impact analysis and to contact the Redhawk and Vail Ranch residents to determine their interest in annexation to the City of Temecula. Since that meeting, Staff has been collecting the applicable information to perform the annexation analysis, focusing on three areas: Fiscal Impact of Annexation to the City of Temecula II. Temecula Community Services Assessments which would replace County Service Area (CSA) 143 currently paid by residents of the two communities III. Annexation Survey of Redhawk and Vail Ranch Communities At this point, Staff has not received all of the information necessary to perform conclusive analysis in all areas. However, Staff will present all findings to date during the Council Meeting. FISCAL IMPACT: The fiscal impacts of annexation will be presented at a subsequent meeting. ITEM 27 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager October 7, 1997 APPROVAL CITY ATTORNEY DIRECTOR OF FINA/~C~.~/~ CITY MANAGER El Nino Presentation The purpose of this agenda item is to allow the Riverside County Emergency Management Supervisor, Mr. Mark Bassett, to present to the Council the background and update information concerning the El Nino condition in the Pacific Ocean. ITEM 28 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINA~.zv,.~, CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager October 7, 1997 Temecula Library PREPARED BY: Allie Kuhns, Senior Management Analyst _<~/j.~ RECOMMENDATION: That the City Council direct Staff to solicit qualifications for selection of a design firm who will assist in the site selection and design of a more centralized library facility in the City. BACKGROUND: This item is being brought to the Council at the request of members of the Temecula Library Task Force Committee, Mayor Pro Tern Roberts and Councilmember Stone. The Task Force has been meeting for over two years to maximize the services provided by the Library to residents living in Temecula, Murrieta, and the surrounding region. Currently, as part of the Riverside County Library System (RCLS), the Temecula branch has a finite funding allocation which is dependent on library property taxes collected from participating regions. On Tuesday, September 23, 1997, the Murrieta City Council voted to withdraw from the RCLS effective July 1, 1998. Murrieta's withdrawal will statutorily require the County to return to Murrieta all library property taxes collected within their city limits, and could result in a loss to the RCLS of approximately $320,000. Although the City of Murrieta has not disclosed how their $320,000 in library revenue will be used beginning in FY 1998-99, there has been no indication that it will be allocated to maintain the current level of service at the Temecula Library. And, although the net loss to the RCLS will be $320,000, this amount will be spread throughout the County and may result in a loss to the Temecula Library that is significantly less. For this reason, the Task Force Committee members feel Temecula should begin its site selection and design work. Temecula's Five Year Capital Improvement Program Budget for Fiscal Years 1998 - 2002 includes a project for construction of a state of the art library facility. Design for this project has been budgeted for FY 1997-98 and will consist of the following steps: A design committee consisting of, at a minimum, one or two Councilmembers; Staff; two library professionals; a library information systems professional; and two members of the community will be formed. Requests for qualifications (RFQ's) from qualified design firms will be issued. Evaluation of the proposals received through the RFQ process will be made by the Committee. A recommendation for selection of a firm who will work with the Committee will be presented to Council based on the final selection. FISCAL IMPACT: No funding is required at this time; however, adequate funding is available to complete the design phase of this project. ITEM 29 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~.~ld October 7, 1997 Designation of Voting Delegate for the National League of Cities Annual Congress PREPARED BY: Susan W. Jones, Deputy Director of Support Services RECOMMENDATION: Designate a voting representative and an alternate. BACKGROUND: Each year at the Annual Congress of the National League of Cities the member cities are asked to designate the voting delegate and alternate. Each city is entitled to one vote in matters affecting League policy. The business meeting will be held on Saturday, December 6, 1997, at the Congress of Cities in Philadelphia. If it is not possible for a member of the City Council to be present the Council may designate a city official who is attending the conference. I have attached the memorandum from the League's Executive Director which further elaborates on the voting procedures. FISCAL IMPACT: None ATTACHMENTS: Memorandum from Donald J Borut, Executive Director National League of Cities swj R:~agenda.rl)t~NLO Cvota I August 12, 1997 National League of Cities 1301 Pennsylvania Avenue N.W. Washington, D.C. 20004 (202) 626-3000 Fax: (202) 626-3043 First Vtce Pt~ident Brian J. O'Neill Councilldeml~er, 'Ph~adotphia. Pennsytvama MEMORANDUM Second V~ce President Clarence Anthony Mayor. South Bay, Fiori~a TO: From: Subject: City Clerks of Direct Member Cities ~ ,m~,~,,op, fpres~,, Gregory S. Lashutka Donald J. Borut, Executive Dir . Do~ak:l J. Borut Voting and Alternate Voting Delegates, Annual Congress of Cities, December 3-6, 1997, Philadelphia, Pennsylvania I)I:E: ()("!'()![i.~R 3, 1997 The National League of Cities' Annual Business Meeting will be held at 2:00 p.m. on Saturday, December 6, 1997 at the Congress of Cities in Philadelphia. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. ~ To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Committee. NI,C's Bvlaws expressIv nrohibit votino bv nroxv. Thus, the designated voting delegates must be present at the Annual Business Meeting to cast the city's vote(s). To establish your credentials and to ensure your voting delegate(s) receive proposed National Municipal Policy amendments and proposed resolutions prior to the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 3, 1997. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. Please forward the BLUE copy of the credential form to your state league office and keep the WHITE copy for your records. For your assistance, a list of the state leagues is enclosed. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3176. cc: Executive Directors, State Municipal Leagues Pe~t Pree/a~tte: Carolyn LonE Banka, Councilwoman-at-Large, Allante, Georgia - Gle~la E. He~4, Mayor, Orlando, Florida · ~tarpe Jamee, Mayor, Newark, New Jemey · Cathy Council,#oman-at-Large, Denver, Colorado · Dg'eetot~: Fl~/d Adtlm~, Jr.. Mayor, Savannah, Georgia · Kort ~hua, Councilman, Kansas City, Miseo~ri · ~ ~, Esecuth, e Director, Massachusetts Munlci~d Association · Sharon ~yMa Be#on, Mayor, Minneapo~., Minnesota · Th~.ae G. lrede~mg, Executive Director, Iowa League of Cities · Lu~llb C. Broaden, Council Vice President. Hyattsvilio, Mer/ior~l · ~m J, Ce~e, Executive Director, Ohio Municipal League · Clvel Y. ClaH;, Councilmember, East Orange, New Jemey · Clark, Council Merrier, Camden, South Carolina · CoIl Cleea~n, Executive Director, Wyoming A~ociotiofi o~ Municipalities · Jetta De~t~anO, dr., Mayor, New Hayaft, Conne~icot · Dillrio. Councilmember, New York, New York · Jerl~/Dgttn, Mayor, Benbroo~, Texas · ~ E. I~mall, Jr., Esecutiva Director, Municipal A~asciatio~ of South Carolina · Q~te Alderman, Evanston, Illinois · John F~'l'al~, City Council President. LO~ Angeles, California · Patr~11 Fl~u~'ea, CO~II~d Member. Mountain View, Cofitornla · $ta~t Flitkolcraft. Evecuitve Director, Association of Washington Cities · WIIllant F. g.lglo#l, Executive Director, New Mexico Municipal League · lanai ~elml~, Mayor, Fort Wey~te, Indiana · Victor Herltand~. Councilmember, Lubbock, Texas · UndaLa,an'el~e, Aldorn~n. Wauseu, Wieco~cin · PatHalaLo~ltee~¢l. Mayor, Fenton, Michigan · ~iet~rl,/l~s~em, BoordofAIderrnanPresk:l~tt, Louie~lite, Kentucky · Jea Iinr~y. Assembty Member. Anchorage, Alaska · ~illlam F. lllurphy, Mayor, Woodridge, Ilitnot$ · Ttt~ C. O~elt~, Councilmemtoer, Overland Pe~k, Kanse~ · Sanders, Council Member, El CoNre, Calitomie · I~rjeHe ~ehr~,mm, Mayor, Ktfiwtood, Mi~oml · ~ L. llehult~.Councllmen, Ro~kie~ge, Florida · d~riy Fecg~,men ~ta~t. Councilwoman. Berkeley, Missouri · EHe Smith, Counca President, Jacksonville, Florida · Horry Smith, Mayor. Greenwood. Millenia/ · Tommy $tse~m. Mayor, Jec~onvitio. Arkansas · Ref~d C. Theobol'~. Council Member, Grand Junction, Colorado · WIIll~ E. Thornton, Mayor, San Antonio, Tlses · J~ll Valel~ie, Jr.. Councitlor, Lea Cruces, New Mexico · ~la Council Member, Jeckecrl, Mississipgi · ~l~e C. Wr~llt. Jr., Executive Director, Delaware League of Lo~al Govammenla · ChaHe~ C. Yal~:~/. Councitior, Boston, Recycled Paper NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: Under 50,000 50,000 - 99,999 100,000- 199,999 200,000 - 299,999 300,000 - 399,999 400,000 - 499,999 500,000 - 599,000 600,000 - 699,000 700,000 - 799,000 800,000 - 899,000 900,000 and above 1 vote 2 votes 4 votes 6 votes 8 votes 10 votes 12 votes 14 votes 16 votes 18 votes 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. Cred97.coc ITEM 30 CITY ATTORNEY FINANCE OFFICER' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk/Director of Support Services October 7, 1997 Community Services Commission Appointment PREPARED BY: Susan W. Jones, Deputy Director of Support Services RECOMMENDATION: Appoint two members to serve a full term on the Community Services Commission, through October 10, 2000. BACKGROUND: The terms of Community Services Commissioner Thomas Edwards and Commissioner Jeffery Nimeshein will expire on October 10, 1997. Both Commissioner Edwards and Commissioner Nimeshein have submitted an application for re-appointment. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings in three different local publications. All applications received were forwarded to the subcommittee composed of Mayor Birdsall and Councilmember Stone for their review and recommendation. Both Mayor Birdsall and Councilmember Stone recommend the re-appointment of Commissioner Thomas W. Edwards and Commissioner Jeffery Nimeshein to serve a full three year term. Attached are copies of the applications which were received by the filing deadline of September 23, 1997. ATTACHMENTS: Copies of Applications for Appointment CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS COMMUNITY SER VICES COMMISSION .BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: ~'~"~~ ~, ,~~ YEARS RESIDENT OF TEMECULA.~_"~ ADDRESS: ,.~ ~-- O q ~ ~ ~ ~~O~ HOME PHO~: ~ ~-- ~ ~ ~ WORK PHONE: ~ ~-~ ~ oCC AT O : EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): X/~ / ~- ,~ ~',e~¢. /~--~/"~'*'""4'u'~ ~ zz~: ~ ~-~~, I understand that any or all information on thin form may be verified. I consent to the release of this information for public infnrmation purpo~s~ ~ SIGNATI~E: ~ ~~'~~ DAT!~.: PLEASE NOTE: Applications will be kept onedeCor consideration of future vacancies. Return to: City Clerk's Office, 43200 Busies Park Drive (909) 694-&!a.~! OR Mall to: P.O. Box 9033. Temecula, CA 92589-9033 r:~¢ommis\app£o~n City OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS Qualification Requirement~ ReSident 0[ the City of Teme~i~'la' ............... ' Ct~MMIINITY .gRRVICR.~ COMMISSION .BOARD, COMNHTTEE OR COMMISSION ON WHICIt YOU WISH TO SERVE: NAME: .Teffery Nimeshein ADDRESS: 31157 Via Gilberto, HOME PItONE: (909) OCCUPATION: HumAn 699-9924 YEARS RESIDENT OF TEMECULA__ Temecula 92592 WORK PHONE: (619) 464-0505 Services Manager EfvI?LO~R NAME: City of La Mesa EMPLOYER ADDRESS: 8450 La Mesa Blvd., La Mesa, CA 91941 EDUCATIONAL BACKGROUND/DEGREES: M.S. - Recreation Administration B.A. - Recreation A.A. - Physical Education LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE (~,~ COMMISSION ON WIIICH YOU HAVE SERVED AND T;iE YEAR(S) OF SERVICE: City of Temecula Community Services Commission - 1990 - present 9 years ORGANIZATIONS TO WHICH YOU BELONG:(Prof~ion~,technic~,communi~,service): California Park & Recreation Society California Boards & Commissions California Association of Senior Service Centers BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additlon~ paper ifnece~ary.): I have successfully served on the very active Community Services Commission from its inception. This Commission has performed a vital role in the advancement of Park and Recreation development in Temecula. Over this period I have contributed countless time and energy serving on numerous committees dealing with important issues and community development. Furthermore, I have taken a leadership role on many issues, and have also served as chairman of the Commission. With over 25 years of education, training and experience in the Park, Recreation and Community Services field, I feel eminently qualified and honored to serve on the Community Services Commission. (continued on next page) I underrand that any or all infi)rmation on this ~rm may be verified. I cogent ~ the release of th~ iu~rmation ~r public in~rmation purpose. .) SIGNATURE: %'~'¥UL,a., ~c-x,.,./ DATE: .. / PLEASE NOTE:'Applicatimm will be kept on file ~r considem~tion of ~ture vacanci~. Return to: Ci~ Clerk's Office, 43200 Bgsin~s Park Drive (909) 69~6444 OR Mail to: P.O. Box 9033, Tamecula, CA 92589-9033 r:\commis\nppform ~ (continued from page 1) I believe I have made a strong individual contribution to the community, while working in harmony as a team member with other, commissioners. There has been considerable accomplishment, but there is still much to do. My past commission experience will be invaluable in this future process. CITY OF T~,MECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS .BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: OCCUPATION: .~ EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND TIlE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professiomd, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON Tills BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): Cl · ' . . ~.. - ) " - ~ , · t~ -~ ~ O.C~tU~ ~.,~'~'~.,u~ ~' " ~ '~ .... · ' ::' -'. "- ' - . ~ ,.-, , . . ~ / . - c~ '! ~' ' ',,' ' . ' . .... [L[ASE NO]: A~li,lio~ will b~ kept o, ~1~ f,r ~1 to: ~.0. B~x ~033. T~m,cula. CA 9Z~SD-D033 r:\commis~app £orm CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS, ;.,, ... ' '... :::::;Qu 'alificafion Requirement: Re~ide"t'"'Ofthe Ci~ -'~'~'~'.~'/~ ~. -r,~ 7,e/,~-~,,--'~ ,-?~,~~,',, " .-: .BOARD, COffEE OR COMMISSION ON WH'C~ YOU W~S~ TO SER~.' NAME: ~--~.~LJ .//~/~1~ t.~/~'~' YEARS RESIDENT OF TEMECULA E~LO~R NAME: ~~~kZ.-~/~9 EDUCATIONAL BACKGROUND/DEGREES: LI~T A~ ~VEg~IgE COU~Y Og OTHE~ CITY BO~gO, COMMI~EE Og CO~I~ION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BILIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR cOMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPEC!F[C (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public inf~.r~/n purposes. ' Mail to: P.O. Box 9033. Temecula, CA 92589-9033 r:\commi,n~app focm ATTACHMENT Ben Marbury City of Temecula Committee Candidate I am applying for a position on the Public/Traffic Safety or Conununity Services Committee/Commission. I have extensive public service and management experience and have worked with government agencies for many years. I have been married to my wife, Helen, four 39 years. We have 5 children and 8 grandchildren. My wif~ is an inactive registered nurse, having worked as a nurse for over 30 years. My public service includes serving on the Board of Directors of the Villa Avanti Homeowners Association for 2 years mad I am the immediate past president of this organization, having served as President for one year. I was the ARES/RACES Emergency Commumcations Coordinator for Los Gatos/Monte Sereno California for 3 years. My service started immediately after the Lome Prieta Earthquake of 1989. This public service included working with various public/government agencies, particularly the Police and Fire Departments, coordinating emergency and safety communications activities. I am familiar with the Incident Command system and public safety/emergency services in general. I founded TD Marketing Research, Inc., Santa Clara, CA in 1988 and am currenfiy President and CEO.' We specialize in Customer Satisfaction research, including qualitative and quantitative projects for the telecommunications industry. Projects have included survey and interview research for various telecommunications industry leaders. I was formerly a telecommunicatioas system and circuit design engineer (ITr 1962-1970), Sales Manager (ITT 1970-1971), Director of Marketing (INTCO a Division of TIE Industries 1971- 1975, American Telecommunications Corporation/American Telecom/Fujitsu Business Systems 1975-1982), Vice President Sales and M~irketing (Plantronics 1982-1985, Teledial, Inc. 1985- 1988), Presidem (TD Marketing, Inc., 1988-Present). I hold one patent and numerous sales and marketing awardS. I am an experienced speaker, having given numerous presentations to large groups (usually sales or similar meetings). I have been an active member of Toastmasters Intematioual since 1990, achieving the rating of Competent Toastmaster in 1992. I am a veteran of the US Army, belong to the Veteran's of Foreign Wars (VFW) and the American Legion. I am an active pilot, golfer and furruer. I am a member of the Sunridge Community Church in Temecula. ITEM 31 CITY ATTORNEY CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk/Director of Support Services October 7, 1997 Public/Traffic Safety Commission Appointment PREPARED BY: Susan W. Jones, Deputy Director of Support Services RECOMMENDATION: Appoint an applicant to serve on the Public/Traffic Safety Commission for a full three year term through October 10, 2000. BACKGROUND: Commissioner John Telesio was appointed on July 22, 1997 to fill an unexpired term which will expire on October 10, 1997. Commissioner Telesio has submitted an application for re-appointment. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the opening in three different local publications. When the deadline was reached for receiving applications, they were forwarded to the subcommittee composed of Mayor Pro Tem Ron Roberts and Councilmember Steve Ford for review and recom- mendation. Both Mayor Pro Tem Roberts and Councilmember Ford recommend the re- appointment of Commissioner John H. Telesio to serve a full three year term. Attached are copies of the applications which were received by the filing deadline of September 23, 1997. ATTACHMENTS: Copies of Applications for Appointment R:%agenda.r pt\al~l;oint.lrb 1 CITY OF TEMECULA :~ APPLICATION FOR APPOINTMENT TO BOARDS, COMI~'I-I'Ei~ Al~//~OM~SSION~' .- PUP. LIC/~F.~ FW IC ': SAFE~ ~ COMMISSION BOARD, COMMI'rr~; OR COMMISSION ON WHICH YOU WISH TO SERVE: NAPkin: JOHN H. TELESIO YEAIlS RES[DENT OF TEMECULA. 1-7. ADDRESS: HOMEPHONE: WORK PHONE:909-~12-9854 (Voice Retired USAF offricer OCCUPATION: Retired A~istant to R/ver~id~ ~nunty gt:$~rvisor pager) EMPLOYER NAME: EMPLOYER ADDS: EDUCATIONAL BACKGROUND/DEGREES: Bachelor of Arts, Calif. S~at~ UnivereiLy, L.A., Social/Political Scienc~ Master of Science, University of Southern California, Management  asFer. of Public Administra[.ioR,.L~alif. State University, San Bernardino bapmah. Universigv., 21semester-u~lt. :. professional development course usr ' E'cOUNTy crr oR COM SS ON ON WHICHYOUHAYE SERVED ANDTHEYEAR(~OFSER~CE: SCAG Regional Airport Authority(Riverside County Supervisors rep.)1985-93. arcbAiK Force_Bags-Community Council,. 1980-19~3. r~afer ~iverslo~ Cmam~ers of Commerce Military-Affairs Committee,I980-93. ~Charter member, ~ive[si. de County Code Enforggment. Tas~ Force, 1985-93 ~articipated in i 1 1 ecu a 'n or ration £annina roup Far~lclpate~-~n 9~m~c~a ~era~ P~a~ c?~zens r~vlew pro~ess,'l~8~Tl oCC- association, 196,.-.997. ri~ah"'SOeidt~"O~:'P~btiE-Administrators. '985-1997 o-chair, Green'Tree Homeowners_ lq83-1997 B~Y ~ATE ~ YOU ~SH TO SER~ ON ~Y ~OU ~E~ YOU ~ QU~~ FOR T~ ~S~ON. BE Please see attached statement. I understud fh~ ~ny o~' Mi inforuLllon on ~ form my be verifkd. I coas~ to tbe release or this informmion for public informtalon purposes. PLEASE NOTE: Appl:_ ~'~m will [M--keM oa rib for ~mkkmfi~m ~t' rumre vmmm:ies. Return to: City Ck~*s ~qce, 43200 Busioess Pm'k Drive (909) 694.4,M4 ~ Mail to: P.O. B~% 9033, Tomocub, CA 92589-9033 r:\conunis%appfonn BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION: From 1985 through 1993, a span of time which included periods of both unprecedented growth and economic downturn in Riverside County, I served as an assistant to the Supervisors of two of the most dynamic districts in the County. Among my principal duties was the pre-applicafion review, analysis and the formulation of recommendations regarding proposed development projects and associated infrastructure including roads, traffic control and related public safety issues. I also served as liaison between the supervisors and the Planning Commission, the Economic Development Agency, the Transportation and Land Use Agency, County Sheriff, Emergency action, Flood Control, LAFCO and other county departments as well as with the California Department of Forestry in helping to coordinate, guide and monitor the progress of selected projects through the planning process from application to final disposition. In addition, I worked extensively with citizens to help define problems and resolve complaints regarding traffic and other public safety matters often taking the role of mediator in meetings between constituents and the management and staff of the appropriate county departments. From this practical experience I became quite familiar with the functions and procedures of these various players. During this period, on my own time, I earned a Master of Public Administration Degree with an emphasis in economic and community development to improve my knowledge, understanding and performance. I feel that my education, background and experience would make my transition to a position on the Public/Tra~c Safety Commission a smooth and et~icient one. As a 17-year resident, I have witnessed and participated in the city's conception, birth, growth and development as a proud citizen. During my 21-year military career, I experienced no less than 17 permanent changes of residence. When we came to Temecula, my wife and I knew that we had found a home. We have raised our family here and we are here to stay. We have a stake. in- this City.-and. have. enjoyed. the. benefits of life in the wonderful. environment. it has provided us. I would now like to take this opportunity do something meaningful in return that would contribute to its continued growth and improvement. I believe that providing a safe environment for its citizens should be the number one priority of any government. The latest survey confirms what most citizens of Temecula have known for some time: Traffic is currently our number one public safetyproblem So far, I believe our elected and appointed officials have done an admirable job in providing the citizens of Temecula with as safe an environment as possible. I would be honored to be selected to serve in a position where I could join in the continued effort to enhance and improve public safety in this great city. In summary, I have the time, interest, experience, education, ability and desire to become an effective member of the Temecula City Public/Traffic Safety Commission. CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIONS BOARD, COMMITTEE OR COMMISSION ON WIIICH YOU WISH TO SERVE: NAME: HOME PHON~ YEARS RESIDENT OF TEMECULA L( 1¥~ OS ,HON OCCUPATION:" ~'lx[-~ E~LO~R NAME: EMPLOYER ADDRESS: ~l~ ~C~ <' - EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professimml, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): .~ L.r.~Uc. T¢.~,,,~a.~Ck~ , ~- CkC,~E- ~o L.~.,.,'~ k~ o..-..,,,~-,,,Dr_.'v~c,..,~.~ ~f'~.~,"~/-,'~'s . ~e, LILeJ. --. · , ." ...... ...: '-' · - ; .-r ' ~ . ~' ~ 'i ~ -. / _ ,,-"~ .,. .. _,: '( · ~, ~ · ,~' -~, .... , f fi ,~ ~. i i'~ i~ f' ,..../ ~ , ~ . · '~, '" | ~ · .'-~. , , U ' , I unaerstand that an~ or all information on tl~li$ f~rfit/may be verified, I consera to the reielase of this ~ "' i,~formation for public informnation purl~)ses. PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6+!~. OR Mail to: P.O. Box 9033, Temocula, CA 92589-9033 r:\commis\app form CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISS!O.,:N:S.. ~..;,,' ~.. I{ i:::i=i~ ~i!.i/'::=: :71~111: ..~ :, = ':: !i:i!'Qunlifi':cati6. Requi~-em;nt::iResident"~i~ihe'CitY:~f Temec"~l~i'.:=:.'il.i~':i-11:=i 'i:i.-:. ,.',.,, " ..' .BOARD, COMI~TTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: ~~) .J~'l~' ~..,~,~'y' YEARS RESIDENT OF TEMECULA ADDUSS: -'~ /~~ OCCUPATION: //4~-~-7' ~-5 EDUCATIONAL LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE $PEC!F!C ,q/se additional paper if necessnry): I undel~tand that any or all information on this form may be verified. I consent to the release of this information for public inf~r/~n purpo.~es. _PLEASE N_O. TE::...~ca,~,',.o.~_ ~i be kept ~p~ file [or consideration or future vacancieS. / / Return to: City Clerk s Office, 43200 Business Park Drive (909) 694-6d'!~ OR Mall to: P.O. Box 90:33, Temocula. CA 92~89-9033 r :\commia\app form ATTACHMENT Ben Marbury City of Temecula Committee Candidate I am applying for a position on the PublicfI'raffic Safety or Conununity Services Committee/Commission. I have extensive public service and management experience and have worked with government agencies for many years. I have been married to my wife, Helen. four 39 years. We have 5 children and 8 grandchildren. My wif~ is an inactive registered nurse, having worked as a nurse for over 30 years. My public service includes serving on the Board of Directors of the Villa Avanti Homeowners Association for 2 years ,and I am the immediate past president of this organization, having served as President for one year. I was the ARES/RACES Emergency Communications Coordinator for Los Gatos/Monte Sereno California for 3 years. My service started immediately at~er the Lome Prieta Earthquake of 1989. This public service hacluded working with various public/government agencies, particularly the Police and Fire Departments, coordinating emergency and safety communications activities. I am familiar with the Incident Command system and public safety/emergency services in general. I founded TD Marketing Research, Inc., Santa Clara, CA in 1988 and am currently President and CEO. We specialize in Customer Satisfaction research, including qualitative and quantitative projects for the telecommunications industry. Projects have included survey and interview research for various telecommumcations industry. leaders. I was formerly a telecommunications system and circuit design engineer (ITI' 1962-1970), Sales Manager (ITI' 1970-1971), Director of Marketing (/NTCO a Division of TIE Industries 1971- 1975, American Teleconununications Corporation/American Telecom/Fujitsu Business Systems 1975-1982), Vice President Sales and Marketing (Plantronics 1982-1985, Teledial, Inc. 1985- 1988), Presidefat (TD Marketing, Inc., 1988-Present). I hold one patent and numerous sales and markethag awards. I am an experienced speaker, having given numerous presentations to large groups (usually sales or snnilar meetings). I have been an active member of Toastmusters International since 1990, achieving the rating of Competent Toastmaster in 1992. I am a veteran of the US Army, belong to the Veteran's of Foreign Wars (VFW) and the American Legion. I am an active pilot, golfer and ru0ner. I am a member of the Sunridge Commumty Church in Temccula.