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HomeMy WebLinkAbout120997 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 SPECIAL REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE December 9, 1997- 7:00 PM 5:00 PM -' Closed Session of the City Council/Temecula Redevelopment Agency pursuant tO Government 'code Sections: 1) §54956.8,' Conference with Real Property Negotiator; Property: Approximately 6.22 acres located on the north side of Rancho California Road between Business Park Drive and Diaz Road {APN 921-020-075); Negotiating Parties: City of Temecula and KI KFLA Rancho Realty: Under negotiation: 'price and terms of payment. 2) §54956.8, Conference with Real Property Negotiator; Property: 27622 & 27628 Jefferson Avenue; Negotiating Parties: City of Temecula, Connie Hill and Dean Hill: Under negotiation: price and terms of payment. 3) §54956.9(a), Pending Litigation, Connie Hill v. City of Temecula. 4) §54956.9(b), Potential Litigation, two matters. 5) §54956.8, Conference with Real Property Negotiator; Property: Approximately 120 acres and is located westerly of Pujol Street; Negotiating Parties: City of Temecula, John Firestone and. Westside Improvement Authority Community Facilities District No. 1; Under negotiation: price and terms of payment of potential acquisition. 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: Mayor Ron Roberts presiding Next in Order: Ordinance: No. 97-22 Resolution: No. 97-130 Prelude Music: Tracy Milner Invocation: Pastor Ron Bolt, People's Church of the Valley Flag Salute: Councilmember Lindemans ROLL CALL: Ford, Comerchero, Lindemans, Stone, Roberts PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance Ado.orion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution ADDroving List of Demands RECOMMENDATION: 2.1 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 Report as of October 31. 1997 RECOMMENDATION: 3.1 Receive and File Report 4 Release Faithful Performance Warranty Bond and Labor and Materials Bond in Tract No, ~ (Located at the Northwest Corner of Pauba Road at Meadows Parkway) RECOMMENDATION: 4.1 Authorize release of the Faithful Performance Warranty bond for Street, Water, and Sewer improvements and the Labor and Materials bond for Tract No. 22916-1 4.2 Direct the City Clerk to so Advise the Developer and Surety Riverside County Transportation Commission (RCTC)/City of Temecula Measure "A" Loan Agreement RECOMMENDATION: 5.1 Approve the Agreement (Attachment A) between the City of Temecula and RCTC for a loan of $5,000,000 to be repaid through future Measure A entitlement. 5.2 Authorize the Mayor to execute the loan agreement between the City of Temecula and RCTC. 5.3 Make the following changes in fund allocations: a. Appropriate $1.2 million in Measure "A" funds to the State Highway 79 South from Interstate 15 to Avenida De Missions ("Missing Link") Project. b. Appropriate $3.8 million in Measure "A" funds to the Rancho California Road Interchange Project (Project No. PW95-12) c. Eliminate the appropriation of $258,870 for the Rancho California Road Interchange Project (Redevelopment Agency (RDA)). do el Eliminate the appropriation of $1.48 million for the Rancho California Road Interchange Project (Development Impact Fees - Street Improvements). Eliminate the appropriation of $2,061,130 for the Rancho California Road Interchange Project (Capital Project Reserves). Pro.oert.v Ac(~uisition - Realignment of Diaz Road at Rancho California Road RECOMMENDATION: 6.1 Authorize the purchase of property located on the north side of Rancho California Road between Business Park Drive and Diaz Road for the purposed realignment of Diaz Road to Vincent Moraga Drive and approve the "Purchase and Sale Agreement and Escrow Instructions" in substantially the form of Attachment 1 and authorize the Mayor to execute the contract. 6.2 Authorize the transfer of $495,000.00 from Diaz Road Realignment Capital Improvement Program (CIP) Budget Construction Account No. 210-165-632-5804 to Land Acquisition Account No. 210-165-632-5700. 6.3 Appropriate $650,000 from Capital Projects Reserve to CIP Budget for Diaz Road Land Acquisition Account No. 210-165-632-5700. Western Riverside Council of Governments (WRCOG) and San Bernardino County Associated Governments (SANBAG) Task Force Recommendation on Electric Utility Restructuring RECOMMENDATION: 7.1 Adopt a resolution entitled' RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING PARTICIPATION IN WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND SAN BERNARDINO ASSOCIATION OF GOVERNMENTS REGIONAL POWER PURCHASING POOL AGGREGATION Traffic Controllers for Rancho California Road at I-15 Interchange and Hwy. 79 South at I-15 InterchanQe RECOMMENDATION: 8.1 Direct staff to contact Caltrans to request the necessary permits to utilize traffic controllers (personnel) during the construction of these two locations. 8.2 Negotiate with a firm acceptable to the City and Caltrans the terms and conditions of the contract for such services. 10 11 Acce_~t Infrastructure Im_orovements in Paloma Del $ol relating to Tract Nos. 24131-1 and ~ (Located Southwesterly of intersection of Pauba Road at Meadows Parkway) RECOMMENDATION 9.1 Accept the infrastructure improvements in Paloma Del Sol relating to Tract No. 24131-1 and 24131-3 and authorize the reduction in Infrastructure Faithful Performance securities for street, drainage, and water and sewer improvements to warranty level, and initiation of the one-year warranty period. 9.2 Direct the City Clerk to so notify the Developer and Surety. ProDosed "All-Way Stop" Ynez Road at La Paz Street RECOMMENDATION: 10.1 Approve the recommendations of the Public/Traffic Safety Commission as follows: a. Install "Stop signs on northbound and southbound Ynez Road at La Paz Street to provide for a three-way "Stop. b. Install "Stop Ahead" and temporary flashing lights to warn motorists of "Stop Ahead". c. Add a dedicated lane southbound on Ynez Road for the right-turn movement onto La Paz Street. The length of turning lane to be determined by traffic counts. d. Install permanent flashing lights on northbound and southbound Ynez Road to warn motorists of the "Stop" sign ahead. e. Add more speed limit signs along this corridor. 10.2 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "STOP" LOCATION ON YNEZ ROAD AT LA PAZ STREET 10.3 Appropriate $37,250.00 from the General Fund Reserves to the Public Works Maintenance Division, Routine Street Maintenance Account. Release Faithful Performance Warranty & Labor and Materials Bonds - Tract No, 24135-1, (Located Northwesterly corner of Pio Pico Road at Margarita Road) RECOMMENDATION: 11.1 Authorize the release of Faithful Performance Warranty and Labor and Materials securities for Street and Drainage, and Water and Sewer Public Improvements in Tract No. 24135-1. 1 1.2 Direct the City Clerk to so advise the Developer and Sureties. 12 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. (Located at the Southeasterly corner of Santiago Road and Margarita Road) RECOMMENDATION: 12.1 Authorize the release of Faithful Performance Warranty and Labor and Materials securities for Street, and Water and Sewer Improvements. 12.2 Direct the City Clerk to so advise the Developer and Surety. 13 /~ce.otance of Subdivision Imorovements in Tract No. 24135-F (Located Northwesterly corner of Meadows Parkway at Leena Way) RECOMMENDATION: 13.1 Accept the public improvements in Tract No. 24135-F and authorize initiation of the one-year warranty period. 13.2 Authorize reduction of the Faithful Performance Street and Water and Sewer security amounts and release the Subdivision Monumentation security. 13.3 Direct the City Clerk to so advise the Developer and Surety. 14 Acce.otance of Public Streets into the City-Maintained Street System (within Tract No. 24135-F (Located Easterly of the intersection of Margarita Road at Santiago Road.) RECOMMENDATION: 14.1 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 TRACT NO. 24135-F) 15 Second Readin(] of Ordinance 97-21 -- RECOMMENDATION 15.1 Adopt an ordinance entitled. ORDINANCE NO. 97-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION III. F. 2., PARKING, OF OLD TOWN SPECIFIC PLAN REVISING THE PARKING REQUIREMENTS (PLANNING APPLICATION N. PA97-0221) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY COMMUNITY SERVICES "' TEMEcULA. DISTRICT MEETING ..: .. Next in Order: Ordinance: No. RDA 97-01 Resolution: No. RDA 97-07 CALL TO ORDER: Board President Jeffrey E. Stone presiding ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Community Services District Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the 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 Solicitation of Construction Bids and A_D.oroval of the Plans and S.oecifications for the Rancho California Sports Park Sidewalk Project ¢Proiect No. PW 97-16CSD) RECOMMENDATION: 1.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW97-16CSD, Rancho California Sports Park Sidewalk Project. Amendment No. Two to Consultant Aoreement for Landscaoe Plan Check and Insoection Services. RECOMMENDATION: 2.1 Approve Amendment No. 2 for $10,000 with the Elliott Group for landscape plan check and inspection services. DIRECTOR OF COMMUNITY SERVICES REPORT- Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT Adjourn to the next regular meeting: December 16, 1997, to immediately follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: Chairperson Karel Lindemans presiding Next in Order: Ordinance: No. RDA 97-01 Resolution: No. RDA 97-07 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans A total of 1 5 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 ECAP Contract 1.1 Approve a contract with ECAP and authorize the Chairman and General Counsel to execute the contract. Inland Em.oire Economic PartnershiD Contract 2.1 Approve an annual contract with the Inland Empire Economic Partnership (IEEP) and authorize the Executive Director and City Attorney to execute the agreement. ]0 CONVENE A JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY International Rectifier Fab-9 Owner Participation Agreement RECOMMENDATION' 3.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION 3.2 Adopt a resolution entitled RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION Formation of Joint Exercise of Powers Authority Establishing the Westside Improvement Authority RECOMMENDATION: 4.1 Adopt a City Council resolution entitled' RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 4.2 Adopt a Redevelopment Agency resolution entitled: RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA 4.3 The City and the Redevelopment execute the joint exercise of powers agreement creating the Westside Improvement Authority. REDEVELOPMENT DIRECTOR'S REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Adjourn to the next regular meeting: December 16, 1997, to immediately follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California · WESTSIDE'IMPROVEMENTAUTHORITY .... · · ~ · CALL TO ORDER: Mayor Ron Roberts presiding Next in Order: Ordinance: No. WIA 97-01 Resolution- No. WIA 97-01 ROLL CALL: AUTHORITY MEMBERS: Comerchero, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Westside Improvement Authority 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. AUTHORITY BUSINESS Administrative Matters and Consideration of Formation of Community Facilities District No. 1 RogersDale area for Financing Pur.ooses RECOMMENDATION: 1.1 Appoint a Chairperson and Vice-Chairperson, by minute order, from among the members of the Board of Directors. 1.2 Adopt a Resolution entitled- RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE AND ESTABLISHING THE RULES OF PROCEEDINGS 13 1.3 Adopt a resolution entitled: 1.4 1.5 1.6 1.7 RESOLUTION NO. WIA 97- A RESOLUTION OF THE WESTSIDE IMPROVEMENT AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS Adopt a resolution entitled: RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELL0- ROOS COMMUNITY FACILITIES ACT OF 1982 Adopt a resolution entitled: RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Approve a Deposit/Reimbursement Agreement between the Westside Improvement Authority and Trigger Entertainment and Sports LLC for the deposit with the Authority of funds for the payment of the costs of forming the Authority and issuing bonds for the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) and authorize the Chairperson to execute the Agreement on behalf of the Authority. Authorize the Executive Director of the Westside Improvement Authority to approve and execute on behalf of the Authority an agreement with Quint and Thimmig LLP for bond counsel services and an agreement with Brown, Chudleigh, Schuler & Associates for appraisal services in connection with the bonds for Westside Improvement Authority Community Services District No. 1 (RogersDale Area). ]4 EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBER'S REPORTS ADJOURNMENT Adjourn to the next regular meeting: December 1§, 1997, to immediately follow the Redevelopment Agency meeting , City Council Chambers, 43200 Business Park Drive, Temecula, California RECONVENE THE TEMECULA CITY COUNCIL MEETING PUBLIC HEARINGS 16 Planning Ap.~lication No. PA 97-0170 (Conditional Use Permit} - The design and construction of a 105.838 s~.uare foot self-storage facility with a two story resident manager's unit and office build}n(]. and associated 0arking and landsca_Ping within the Rorioaugh Estates -- Specific Plan (Plannin(] Area 8} (Located on the North Side of Nicholas Road, North of the Intersection of Roripaugh and Nicolas Roads.) RECOMMENDATION: 16.1 Adopt the Negative Declaration for Planning Application No. PA97-0170. 16.2 Adopt the Mitigation Monitoring Program for Planning Application No. PA97-0170. 16.3 Adopt a Resolution entitled' RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA 97-0170 (CONDITIONAL USE PERMIT -APPEAL), UPHOLDING THE PLANNING COMMISSION DECISION APPROVING PLANNING APPLICATION NO. PA 97-0170 (CONDITIONAL USE PERMIT) TO DESIGN AND CONSTRUCT A 105,838 SQUARE FOOT SELF-STORAGE FACILITY WITH A TWO STORY RESIDENT MANAGER'S UNIT AND OFFICE BUILDING AND ASSOCIATED PARKING AND LANDSCAPING ON 5.15 ACRES LOCATED ON THE NORTH SIDE OF NICHOLAS ROAD, NORTH OF THE INTERSECTION OF RORIPAUGH AND NICHOLAS ROADS, WITHIN THE RORIPAUGH ESTATES SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 911-670-019 17 Planning Application No. PA 97-0319: Amendment to Ordinance No. 91-26 Pertaining to Advertising Regulations and Establishing Regulations for the Use of Ambient Air Balloons and Other Similar Inflatables RECOMMENDATION 17.1 Read by title only introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5 PERTAINING TO ADVERTISING REGULATIONS FOR THE USE OF TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES COUNCIL BUSINESS 18 Murrieta Creek U_odate - El Niho Presentation (Verbal Report by Mark Bassett - Riverside County Emergency Management Coordinator) 19 Amend Section 15.16.010 and add Section 15.16.020 P. of the Temecula Municipal Code RECOMMENDATION: 19.1 Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.16.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO REFERENCES TO THE UNIFORM FIRE CODE AND ADDING SECTION 15.16.020.P TO THE TEMECULA MUNICIPAL CODE AMENDING THE UNIFORM FIRE CODE TO ALLOW CRIMINAL VIOLATIONS OF THE UNIFORM FIRE CODE AND AMENDMENTS THERETO TO BE CHARGED AS MISDEMEANORS OR INFRACTIONS. 20 Recreational Vehicle (RV) Storage in Residential Areas RECOMMENDATION: 20.1 Receive and File Report 21 Status Update of the Study of the Potential Annexation of the Redhawk/Vail Ranch Area RECOMMENDATION: 21.1 Receive and File Report 22 Corn.outer Purchase Loan Program RECOMMENDATION: 22.2 Designate $100,000 in the General Fund for an employee computer purchase loan program. ]7 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next adjourned regular meeting: December 16, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. ITEM 2 RESOLUTION NO. g'/- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RF~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $699,269.79. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 9th day of December, 1997. ATTEST: Ron Roberts, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] Resos 97- 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of D~ember, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Rems 97- 2 CITY OF TEMECULA LIST OF DEMANDS 11/20/97 TOTAL CHECK RUN: 11t26/97 TOTAL CHECK RUN: 12/09/97 TOTAL CHECK RUN: 11/26/97 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 12109197 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 165 R DA-LOW/MOD 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ (CIP) 280 R DA~31P 300 INSURANCE 320 INFORMATIONS SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 390 TCSD DEBT SERVICE 160,337.33 7,664.47 84,229.59 16,119.02 23,955.20 31,903.76 483.53 147,655.69 10,659.31 14,278.36 33,601.57 13,742.49 5,083.39 10.00 210,583.51 190,729.36 148,410.84 149,546.08 $ 699,269.79 549,723.71 PAYROLL: 001 GENERAL 165 RDA-LOW/MOD 190 TCS D 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 R DA-C I P 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACl LITI ES 101,492.39 5,108.80 26,690.66 70.44 181.84 2,482.98 991.93 4,706.37 647.01 2,899.73 785.85 3,488.08 149,546.08 TOTAL BY FUND: $ 699,269.79 GEI~E~I~B~RTS, DIREC3:OR OF FINANCE RONALD E. BRADLEY, CITY MANAGER HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 11/20/97 13:30 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/HOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 390 TCSD DEBT SERVICE AMOUNT 39,257.75 2,725.35 56,451.52 16,092.89 23,888.64 21,946.68 21,315.89 3,390.62 9,646.24 13,436.75 2,421.18 10.00 TOTAL 210,583.51 VOUCHRE2 CITY OF TEMECULA 11/20/97 13:30 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 46499 11/14/97 000837 CALIFORNIA FRANCHISE TA PUBLIC FACIL:D-1838546 FRM 199 390-199-999-5227 10.00 10.00 46500 11/14/97 000837 CALIFORNIA FRANCHISE TA EMPLOYEE WITHHOLDINGS FOR P/R 190-2140 46500 11/14/97 000837 CALIFORNIA FRANCHISE TA EMPLOYEE WITHHOLDINGS FOR P/R 280-2140 129.87 25.00 154.87 46501 11/17/97 000873 ROBERTS, RONALD H. REIMB:LEAGUE CF EXPENSES 10/14 001-100-999-5258 53.00 53.00 46504 11/20/97 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 190-180-999-5263 46505 11/20/97 000101 APPLE ONE, INC. TEMP HELP W/E 10/4 GROVES 001-161-999-5118 46505 11/20/97 000101 APPLE ONE, INC. TEMP HELP W/E 10/4 CERASANI 001-120-999-5118 46505 11/20/97 000101 APPLE ONE, INC. TEMP HELP W/E 10/18 GROVES 001-161-999-5118 46505 11/20/97 000101 APPLE ONE, INC. TEMP HELP W/E 10/18 MCCARTHY 001-150-999-5118 46505 11/20/97 000101 APPLE ONE, INC. TEMP HELP W/E 10/25 GROVES 001-161-999-5118 46505 11/20/97 000101 APPLE ONE, INC. TEMP HELP W/E 11/1 GROVES 001-161-999-5118 180.60 225.75 180.60 72.24 180.60 180.60 1,020.39 46506 11/20/97 002713 BALLOONS GALORE BALLOONS:VOLUNTEER RECOGNITION 190-183-999-5370 43.50 46506 11/20/97 002713 BALLOONS GALORE SELF STICK TABS AND WEIGHTS 190-183-999-5370 7.00 46506 11/20/97 002713 BALLOONS GALORE SALES TAX 190-183-999-5370 3.91 54.41 46507 11/20/97 001414 BRADLEY, RONALD E. REIMB:INT'L MGRS CF 9/12-18/97 001-110-999-5258 237.92 237.92 46508 11/20/97 001006 BURTRONICS BUSINESS SYS MAINT AGREEMENT:MAP ROOM PRINT 330-199-999-5217 2,734.07 2,734.07 46509 11/20/97 001260 C P R S MEMBER MTG TCSD STAFF 190-180-999-5260 60.00 60.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSC MAINT-SLOPES,MEDIANS 190-180-999-5415 17,250.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSC MAINT-SLOPES,MEDIANS 190-181-999-5415 246.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSC MAINT-SLOPES,MEDIANS 190-182-999-5415 1,593.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSC MAINT-SLOPES,MEDIANS 190-184-999-5415 325.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSC MAINT-SLOPES,MEDIANS 191-180-999-5415 987.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSC MAINT-SLOPES,MEDIANS 193-180-999-5415 11,171.05 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSC MAINT-SLOPES,MEDIANS 193-180-999-5415 349.95 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA OCT LDSP MAINT:CTY HALL/MAINT 340-199-701-5415 496.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA VILLAGES-REMOVE PINE TREE 193-180-999-5415 90.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA MISC IRRIGATION REPAIRS 190-180-999-5212 67.91 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA VINTAGE HILLS-PLANT MYOPORUM 193-180-999-5212 130.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA PALA PRK LDSC IMPROVEMENTS 190-180-999-5415 101.80 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA REPLACE OAK TREE AT MEDIAN #3 191-180-999-5415 47.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA R.C.S.P. LDSC IMPROVEMENTS 190-180-999-5415 300.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA VINEYARDS-TRIM EUCALYPTUS TREE 193-180-999-5415 1,105.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA RANCHO HIGHLANDS-ROOT PRUNING 193-180-999-5212 25.00 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA CREDIT:OCT LDSP MAINT REDUCTIO 190-180-999-5415 1,640.00- 46510 11/20/97 000126 CALIFORNIA LANDSCAPE MA CREDIT:OCT LDSP MAINT REDUCTIO 193-180-999-5415 445.00- 32,199.71 46511 11/20/97 000152 CALIFORNIA PARKS & RECR MEMBERSHIP DUES: H. PARKER 190-180-999-5226 110.00 110.00 46512 11/20/97 002534 CATERERS CAFE, THE CATERING FOR 11/5 TRAINING 001-150-999-5261 280.00 280.00 46513 11/20/97 002992 CHANNING L BETE COMPANY PUB:PARLIAMENTARY PROCEDURES 001-120-999-5228 46513 11/20/97 002992 CHANNING L BETE COMPANY FREIGHT 001-120-999-5228 44.50 5.75 50.25 VOUCHRE2 11/20/97 13:30 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 46514 11/20/97 003029 CHICAGO TITLE COMPANY LITIGATION SERVICES 001-1280 2,182.00 46514 11/20/97 003029 CHICAGO TITLE COMPANY LITIGATION SERVICES 001-1280 4,364.00 46514 11/20/97 003029 CHICAGO TITLE COMPANY LEGAL LITIGATION SERVICES 001-1280 2,182.00 46514 11/20/97 003029 CHICAGO TITLE COMPANY LITIGATION SERVICES 001'1280 336.00 9,064.00 46515 11/20/97 001197 CHOCOLATE FLORIST, THE MARKETING ITEMS FOR CONFERENCE 280-199-999-5270 1,250.00 1,250.00 46516 11/20/97 002719 CIRO HERNANDEZ PAINTING CRC AMPHITHEATER SPEAKERS 190-182-999-5212 625.00 625.00 46517 11/20/97 002902 COMMUNICATIONS SYSTEMS INSTALL COMPUTER AIR SWITCH 001-164-602-5215 150.00 150.00 46518 11/20/97 001275 COMPUSERVE, INC. COMPUSERVE INFORMATION SERVICE 320-199-999-5228 9.95 9.95 46519 11/20/97 000447 COMTRONIX OF HEMET 46519 11/20/97 000447 COMTRONIX OF HEMET INSTALL EQUIP. AT RADIO VAULT 320-1950 INSTALL SPEAKER P.W. RADIO 001-164-604-5250 4,099.42 325.43 4,424.85 46520 11/20/97 003008 CORPORATE GRAPHICS SYST SIGNS FOR HOLIDAY EVENTS 46520 11/20/97 003008 CORPORATE GRAPHICS SYST SALES TAX 190-180-999-5254 320.00 190-180-999-5254 24.80 344.80 46521 11/20/97 COSIO, JESUS REFUND:PLUMBING PRMIT 897-2118 001-162-4285 30.00 30.00 46522 11/20/97 002631 COUNTS UNLIMITED, INC. TRAFFIC COUNT CENSUS PROGRAM 001-164-602-5406 1,350.00 1,350.00 46523 11/20/97 001009 D B X, INC. RELEASE RETENTION:PW95-15 210-2035 13,869.68 13,869.68 46524 11/20/97 001716 DAN~S ROOFING REPAIR LEAK UNDER A/C PLATFORM 340-199-701-5212 600.00 600.00 46525 11/20/97 003035 DIAZ, JESSE REIMB:CSMFO CF EXPENSE 11/14 001-140-999-5261 61.12 61.12 46526 11/20/97 002390 EASTERN MUNICIPAL WATER DIEGO DR LDSC WATER SERVICE 193-180-999-5240 359.84 359.84 46527 11/20/97 000754 ELLIOTT GROUP, THE P/C SRVCS-MARG RD MEDIAN 193-180-999-5248 46527 11/20/97 000754 ELLIOTT GROUP, THE P/C SRVCS-PASEO DEL SOL MEDIAN 193-180-999-5248 46527 11/20/97 000754 ELLIOTT GROUP, THE PLAN CHECK AND INSPECTION 193-180-999-5248 46527 11/20/97 000754 ELLIOTT GROUP, THE PLAN CHECK AND INSPECTION 193-180-999-5248 46527 11/20/97 000754 ELLIOTT GROUP, THE PLAN CHECK AND INSPECTION 193-180-999-5248 46527 11/20/97 000754 ELLIOTT GROUP, THE PLAN CHECK AND INSPECTION 193-180-999-5248 540.00 540.00 1,431.00 1,269.00 238.50 211.50 4,230. O0 46528 11/20/97 002939 ENVIRONMENTAL SYSTEMS R GIS TRAINING 10/20-24 K.BEAL 001-161-610-5261 46528 11/20/97 002939 ENVIRONMENTAL SYSTEMS R GIS TRAINING 10/20-24 DEGANGE 001-161-610-5261 46528 11/20/97 002939 ENVIRONMENTAL SYSTEMS R GIS TRAINING 10/2-3 K.BEAL 001-161-610-5261 1,750.00 1,750.00 700.00 4,200.00 46529 11/20/97 000164 ESGIL CORPORATION SEP PLAN CHECK SERVICES 001-162-999-5248 3,561.78 3,561.78 46530 11/20/97 000478 FAST SIGNS 46530 11/20/97 000478 FAST SIGNS RESTROOM SIGNS:TEM AVE PARK 190-180-999-5212 RESIDENTIAL IMPROV.PRGM SIGNS 165-199-999-5250 52.33 170.35 222.68 46531 11/20/97 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT:OLSON 46531 11/20/97 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT:RONEY 165-199-999-5250 150.00 165-199-999-5250 150.00 300.00 46532 11/20/97 000803 FLAGHOUSE, INC. (2) HOCKEY NETS 190-183-999-5380 155.90 VOUCHRE2 11/20/97 13:30 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 46532 11/20/97 000803 FLAGHOUSE, INC. FREIGHT 190-183-999-5380 17.15 173.05 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 46533 11/20/97 000184 G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 909-197-5072-NOV-GENERAL USAGE 320-199-999-5208 909-308-1079-OCT-GENERAL USAGE 320-199-999-5208 909-506-1941-NOV-TEM TOWN CSD 320-199-999-5208 909-676-0783-NOV-GENERAL USAGE 320-199-999-5208 909-676-6243-NOV-PALA COMM PRK 320-199-999-5208 909-695-1409-OCT-GENERAL USAGE 909-695-3539-OCT-GENERAL USAGE 909-699-0590-OCT-TEM TOWN ASN 909-699-1370-OCT-TEM 1 CABOOSE 909-699-2309-OCT-GENERAL USAGE 909-699-2811-NOV-GENERAL USAGE 909-699-8632-NOV-GENERAL USAGE 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-110-999-5223 320-199-999-5208 320-199-999-5208 320-199-999-5208 2,751.46 53.64 53.64 65.67 26.83 88.38 39.33 53.64 120.08 35.06 1,260.83 27.49 4,576.05 46534 11/20/97 001355 G T E CALIFORNIA, INC. OPEN LINE CITY AND CRC 46534 11/20/97 001355 G T E CALIFORNIA, INC. RVSD CO OPEN LINE TO CITY 320-199-999-5208 320-199-999-5208 350.00 315.00 665.00 46535 11/20/97 000351 GILLISS, MAX C.M. 46535 11/20/97 000351 GILLISS, MAX C.M. 46535 11/20/97 000351 GILLISS, MAX C.M. OCT CONSULTING SERVICES OCT CONSULTING SERVICES PROF SRVCS-PALA RD BRIDGE PJCT 001-110-999-5248 001-164-604-5248 210-165-631-5801 500.00 500.00 5,000.00 6,000.00 46536 11/20/97 000177 46536 11/20/97 000177 46536 11/20/97 000177 46536 11/20/97 000177 46536 11/20/97 000177 46536 11/20/97 000177 46536 11/20/97 000177 46536 11/20/97 000177 46536 11/20/97 000177 GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT GLENNILS OFFICE PRODUCT BULLITEN BOARD:IST FLOOR BRKRM 340-199-701-5219 SALES TAX 340-199-701-5219 MISC. OFFICE SUPPLIES -FINANCE 001-140-999-5220 MISC. OFFICE SUPPLIES 001-150-999-5220 MISC. OFFICE SUPPLIES 001-150-999-5220 MISC OFFICE SUPPLIES 001-161-999-5220 MISC. OFFICE SUPPLIES 190-180-999-5220 MISC. OFFICE SUPPLIES 190-183-999-5310 MISC. OFFICE SUPPLIES 001-171-999-5220 151.82 11.77 185.69 136.44 36.16 500.10 464.89 58.52 37.70 1,583.09 46537 11/20/97 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 60.08 60.08 46538 11/20/97 000186 HANKS HARDWARE, INC. (4)ILLUMINATED EXIT SIGNS 46538 11/20/97 000186 HANKS HARDWARE, INC. SALES TAX 46538 11/20/97 000186 HANKS HARDWARE, INC. MISC HARDWARE SUPPLIES 46538 11/20/97 000186 HANKS HARDWARE, INC. MISC HARDWARE SUPPLIES 46538 11/20/97 000186 HANKS HARDWARE, INC. MISC HARDWARE SUPPLIES 46538 11/20/97 000186 HANKS HARDWARE, INC. MEASURING WHEEL, LARGE 46538 11/20/97 000186 HANKS HARDWARE, INC. MEASURING WHEEL, SMALL 46538 11/20/97 000186 HANKS HARDWARE, INC. SALES TAX 210-190-626-5610 210-190-626-5610 001-171-999-5242 001-171-999-5242 001-171-999-5242 001-171-999-5242 001-171-999-5242 001-171-999-5242 756.00 58.59 118.18 92.57 74.92 69.99 79.98 11.62 1,261.85 46539 11/20/97 000193 I C M A MEMBERSHIP DUES 98 R. BRADLEY 001-110-999-5226 972.35 972.35 46540 11/20/97 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 177.79 177.79 46541 11/20/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/2 MILES 46541 11/20/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/2 MILES 001-163-999-5118 001-164-604-5118 72.80 218.40 291.20 46542 11/20/97 KIDS MONEY CLUB C/O REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 VOUCHRE2 11/20/97 13:30 VOUCHER/ CHECK CHECK NUMBER DATE 11/20/97 46544 11/20/97 46544 11/20/97 46545 11/20/97 46546 11/20/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 000206 KINKO~S, INC. STATIONERY PAPER/MISC SUPPLIES LA MASTERS OF FINE TRAV AIR:LEAGUE CF 11/14 S.NAASEH LA MASTERS OF FINE TRAV AIR:LEAGUE CF 12/2-6 R.ROBERTS 001534 001534 003033 LAKE ARROWHEAD RESORT 002187 LAKE ELSINORE ANIMAL FR 46547 11/20/97 002632 MAIL BOXES ETC. 46548 11/20/97 002887 MC KINLEY EQUIPMENT COR 46548 11/20/97 002887 MC KINLEY EQUIPMENT COR 46549 11/20/97 002952 MINOLTA BUSINESS SYSTEM 46549 11/20/97 002952 MINOLTA BUSINESS SYSTEM 46550 11/20/97 001384 MINUTEMAN PRESS 46550 11/20/97 001384 MINUTEMAN PRESS 46551 11/20/97 000883 46551 11/20/97 000883 46551 11/20/97 000883 46551 11/20/97 000883 46552 MONTELEONE EXCAVATING MONTELEONE EXCAVATING MONTELEONE EXCAVATING MONTELEONE EXCAVATING 11/20/97 001007 N P G CORP. 46553 11/20/97 002139 46554 11/20/97 002105 46554 11/20/97 002105 46554 11/20/97 002105 46554 11/20/97 002105 46555 11/20/97 002668 46556 11/20/97 002652 46557 11/20/97 000580 46557 11/20/97 000580 46557 11/20/97 000580 NORTH COUNTY TIMES - AT OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OMEGA LAKE SERVICES OSCAR'S PHOTO WORKS PHOTO WORKS PHOTO WORKS PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS'ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRICE, JOAN F. PRIME MATRIX, INC. PRIME MATRIX, INC. 46558 11/20/97 000254 46558 11/20/97 000254 46558 11/20/97 000254 46558 11/20/97 000254 46559 11/20/97 001938 DEPOSIT:MGMT RETREAT 4/22-24 OCT ANIMAL CONTROL SERVICES OCT DAILY MAIL DELIVERY CREDIT:OVRCHG FOR LUB SUPPLIES MAINT FACILITY LIFT SERV/INSPE DEC LEASE FOR MINOLTA COPIER SALES TAX FOIL BUSINESS CARDS:MJM SALES TAX R-O-W EROSION CRTL:CALLE DE VE EXCAVATING SERV:28735 PUJOL ST CLEAN V DITCH & DRAINAGE FLOW EXCAVATING SERV:28535-55 PUJOL AC POTHOLE REPAIRS/RANBW CYN R RECRUITMENT AD: PARK AIDE CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT DUCK POND NOV 97 MAINT CATERING SERVICE:COUNCIL MTG FILM & PHOTO DEVELOPING PHOTO SUPPLIES FOR RECREATION FILM & PHOTO DEVELOPING PUBLIC NOTICE:D.U.I. CHECK PUBLIC NOTICE: PA97-0348 PUBLIC NOTICE: PA97-0298 PUBLIC NOTICE: PA97-0319 RECORDING SECRETARY-JOAN PRICE SC-5001375-4 JG SC-5001391-1 GR 190-183-999-5370 001-161-999-5258 001-100-999-5258 001-110-999-5258 001-172-999-5255 330-199-999-5250 340-199-702-5215 340-199-702-5215 190-182-999-5239 190-182-999-5239 280-199-999-5220 280-199-999-5220 001-164-601-5402 280-199-807-5804 190-180-999-5415 165-199-999-5250 001-164-601-5402 001-150-999-5254 001-165-999-5214 001-163-999-5214 190-180-999-5214 190-180-999-5214 190-180-999-5212 001-100-999-5260 001-161-999-5250 190-180-999-5301 190-180-999-5301 001-170-999-5254 001-161-999-5256 001-161-999-5256 001-120-999-5256 280-199-999-5250 001-120-999-5208 001-140-999-5208 13.96 126.00 738.00 1,500.00 866.26 121.00 10.78- 110.78 151.00 11.70 102.50 7.94 2,000.00 1,200.00 2,000.00 800.00 3,450.00 53.46 433.83 54.40 57.42 86.62 800.00 312.69 15.84 17.81 29.93 40.65 18.00 19.00 17.00 50.00 34.71 65.24 46560 11/20/97 002776 46560 11/20/97 002776 13.96 864.00 1,500.00 866.26 121.00 100.00 162.70 110.44 6,000.00 3,450.00 53.46 632.27 800.00 312.69 63.58 94.65 50.00 VOUCHRE2 11/20/97 13:30 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 46560 11/20/97 002776 PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. SC-5003948-6 GT SC'5001207-9 BB SC-5003835-5 PW BLAZER SC-5001220-2 PW MAINT SC-5001237-6 PW MAINT SC-5001206-1 HP SC-5001251-7 KH SC-5001348-1 MW SC-5001349-9 TCSD POOL SC-5001367-1 SN SC-5001377-0 SR VAN SC-5002330-8 CITY VAN SC-5001218-6 MJM SC-5001202-0 INFOR SYSTEM SC-5002401-7 TH 001-161-999-5208 001-164-601-5208 001-164-601-5208 001-164-601-5208 001-164-604-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 280-199-999-5208 320-199-999-5208 320-199-999-5208 28.49 70.33 78.24 31.52 75.81 33.69 49.28 64.18 35.89 78.93 36.65 29.27 136.27 29.27 34.05 911.82 46561 11/20/97 000255 46561 11/20/97 000255 46561 11/20/97 000255 PRO LOCK & KEY PRO LOCK & KEY PRO LOCK & KEY LOCKSMITH SERVICES - PARKS LOCKSMITH SERVICES - PARKS LOCKSMITH SERVICES - PARKS 190-180-999-5212 190-180-999-5212 190-180-999-5212 245.00 90.97 45.00 380.97 46562 11/20/97 002930 46562 11/20/97 002930 46562 11/20/97 002930 46562 11/20/97 002930 46562 11/20/97 002930 PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP PRUDENTIAL OVERALL SUPP CRC FLOOR MAT RENTAL CITY HALL FLOOR MAT RENTAL MAINT FAC FLOOR MAT RENTAL SR CENTER FLOOR MAT RENTAL TCC FLOOR MAT RENTAL 190-182-999-5250 340-199-701-5250 340-199-702-5212 190-181-999-5250 190-184-999-5250 26.75 143.00 44.80 38.82 52.05 305.42 46563 11/20/97 000947 46563 11/20/97 000947 46563 11/20/97 000947 46563 11/20/97 000947 RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C BLUEPRINTS AND MISC SUPPLIES BLUEPRINTS AND MISC SUPPLIES BLUEPRINTS AND MISC SUPPLIES BLUEPRINTS AND MISC SUPPLIES 210-190-152-5804 001-161-999-5224 001-163-999-5268 210-165-673-5802 90.67 74.57 6.47 4.84 176.55 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 46564 11/20/97 000262 RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER 01-06-30205-0 SIXTH STREET 01-06-30206-0 SIXTH STREET 01-17-80000-1 VIA EDUARDO 01-06-84860-5 PUJOL ST 01-02-98000-0 PRKVIEW FIRE 01-02-98010-0 PRKVIEW STATION VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS 001-164-603-5240 001-164-603-5240 001-164-601-5250 280-199-807-5804 001-171-999-5240 001-171-999-5240 190-180-999-5240 191-180-999-5240 190-182-999-5240 190-181-999-5240 190-184-999-5240 193-180-999-5240 340-199-701-5240 54.34 27.57 24.73 47.83 10.31 293.29 6,170.59 342.15 831.23 149.28 289.41 4,915.48 418.42 13,574.63 46565 11/20/97 000907 RANCHO CAR WASH 46565 11/20/97 000907 RANCHO CAR WASH 46565 11/20/97 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT. VEHICLE DETAILING/THOMAS GUIDE VEHICLE DETAILING/THOMAS GUIDE 001-163-999-5214 190-180-999-5214 190-180-999-5220 18.22 31.90 30.12 80.24 46566 11/20/97 001279 RANCHO NEWS, INC. AD FOR REGISTERING VOTERS 001-120-999-5256 70.00 70.00 VOUCHRE2 CITY OF TEHECULA 11/20/97 13:30 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 46567 11/20/97 RICHARDS SPRINKLER & SO REFUND:CHANGED PRMT B97-2114 001-2650 15.75 15.75 46568 11/20/97 002985 RICK ENGINEERING COMPAN SEPT SERVS:MARG RD NIDENING 210-165-681-5802 1,083.27 1,083.27 46569 11/20/97 000266 RIGHTWAY PORTABLE TOILET RENTAL:PARK 190-180-999-5238 62.89 62.89 46570 11/20/97 003022 SAN DIEGO FLORIST SUPPL WHITE MINIATURE CHRISTMAS LGTS 280-199-999-5362 530.00 46570 11/20/97 003022 SAN DIEGO FLORIST SUPPL SALES TAX 280-199-999-5362 41.08 571.08 46571 11/20/97 002607 SECRETARY OF HUD SALES TAX ASSISTANCE 001-2030 206.42 206.42 46572 11/20/97 000434 SIERRA COMPUTER SYSTEMS PERMIT AUTO CF:WESTON:04/21-24 001-140-999-5258 250.00 250.00 46573 11/20/97 SIMON & SCHUSTER MGRS REFERENCE BOOK 190-180-999-5228 50.14 50.14 46574 11/20/97 SMITH, LONNIE REFUND:PRMT WITHDRAW B97-2181 001-162-4285 43.20 46574 11/20/97 SMITH, LONNIE REFUND:PRMT WITHDRAW B97-2181 001-2290 .50 43.70 46575 11/20/97 002536 SMITH, ZENAIDA B. CMBTA CF:SMITH,Z:10/29-11/1/97 001-140-999-5258 180.41 180.41 46576 11/20/97 000519 SOUTH COUNTY PEST CONTR ERADICATE ANT PRBLM @ SNK BAR 190-180-999-5212 34.00 34.00 46577 11/20/97 000722 SOUTHERN CALIF ASSOC OF GENERAL MTG:KEIRSEY/SALAZAR 001-162-999-5261 80.00 80.00 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-09-330-3030 WINCHESTER RD 191-180-999-5319 175.22 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-09-330-3139 WINCH RD TC1 191-180-999-5319 206.25 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-00-397-5059 VARIOUS METERS 001-171-999-5240 914.15 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-00-397-5059 VARIOUS METERS 190-180-999-5240 12,985.51 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-00-397-5059 VARIOUS METERS 191-180-999-5319 790.02 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-07-626-6063 RANCHO VISTA 193-180-999-5240 15.36 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-02-351-6800 VARIOUS METERS 191-180-999-5240 31.19 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-01-202-7330 VARIOUS METERS 192-180-999-5319 23,888.64 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-01-202-7603 VARIOUS METERS 191-180-999-5319 7,560.75 46578 11/20/97 000537 SOUTHERN CALIF EDISON 2-05-791-8807 VARIOUS METERS 191-180-999-5319 5,784.26 46578 11/20/97 000537 SOUTHERN CALIF EDISON 60-77-832-9440-01 HNY 79 191-180-999-5319 169.05 52,520.40 46579 11/20/97 002361 SOUTHERN CALIF FPO~S MEMBERSHIP FOR HOWARD WINDSOR 001-171-999-5228 55.00 55.00 46580 11/20/97 001212 SOUTHERN CALIF GAS COMP 021-725-0775 SR CENTER 190-181-999-5240 54.52 46580 11/20/97 001212 SOUTHERN CALIF GAS COMP 091-024-9300 CRC 190-182-999-5240 2,156.89 46580 11/20/97 001212 SOUTHERN CALIF GAS COMP 095-167-7907 PRKVIEW STATION 001-171-999-5240 103.73 46580 11/20/97 001212 SOUTHERN CALIF GAS COMP 101-525-0950 TCC 190-184-999-5240 30.91 46580 11/20/97 001212 SOUTHERN CALIF GAS COMP 133-040-7373 MAINT FACILITY 340-199-702-5240 23.92 2,369.97 46581 11/20/97 000282 SOUTHERN CALIF MUNICIPA MEMBERSHIP DUES: J. CROWE-PELL 190-180-999-5226 25.00 46581 11/20/97 000282 SOUTHERN CALIF MUNICIPA MEMBERSHIP DUES: S. NELSON 190-180-999-5226 25.00 46581 11/20/97 000282 SOUTHERN CALIF MUNICIPA MEMBERSHIP DUES: H. PARKER 190-180-999-5226 25.00 75.00 46582 11/20/97 003019 SOUTHERN CALIFORNIA SAN REPAIR SLOPE @ SKATE PRK 190-180-999-5212 80.00 46582 11/20/97 003019 SOUTHERN CALIFORNIA SAN SALES TAX 190-180-999-5212 6.20 86.20 VOUCHRE2 11/20/97 13:30 VOUCHER/ CHECK CHECK NUMBER DATE 46583 11/20/97 46584 11/20/97 46585 11/20/97 46586 11/20/97 46587 11/20/97 46588 11/20/97 46589 11/20/97 46590 11/20/97 46590 11/20/97 46590 11/20/97 46591 11/20/97 46592 11/20/97 46592 11/20/97 46592 11/20/97 46593 11/20/97 46593 11/20/97 46593 11/20/97 46593 11/20/97 46593 11/20/97 46593 11/20/97 46594 11/20/97 46595 11/20/97 46595 11/20/97 46595 11/20/97 46595 11/20/97 46595 11/20/97 46595 11/20/97 46596 11/20/97 46597 11/20/97 46597 11/20/97 46597 11/20/97 46597 11/20/97 46597 11/20/97 46597 11/20/97 46597 11/20/97 46597 11/20/97 46597 11/20/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 7 VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT REIMB:CA CITIES CF:10/12-14/97 001-100-999-5258 000752 STONE, JEFFREY E. 000307 TEMECULA TROPHY CO. 2 GAVELS:COUNCIL & CITY MNGER 001-100-999-5220 000314 TEMECULA VALLEY MUSEUM DRAW REQUEST:ST CATHERINE'S 210-190-808-5804 000919 TEMECULA VALLEY UNIFIED RENOVATION:MDDLE SCH ATH FIELD 190-180-999-5415 001-150-999-5250 002834 THOMAS NIX DISTRIBUTORS FREIGHT CHARGES LUNCH:TRAINING/NEG SKILLS WKSH 001-150-999-5260 002111 TOGO'S 003034 TONY KELLER CUSTOM PAIN RESIDENTIAL IMPRVMNT:BASS,DOUG 165-199-813-5804 PK NAILS FOR TRAFFIC COUNTERS FREIGHT SALES TAX 001-164-602-5218 001-164-602-5218 001-164-602-5218 000618 TRIGG INDUSTRIES WEST, 000618 TRIGG INDUSTRIES WEST, 000618 TRIGG INDUSTRIES WEST, 001-162-999-5258 002621 UNION BANK OF CALIF, N. 5305001995977 AE INDIVIDUAL COMPUTER TRAINING 320-199-999-5261 INTEL PENTIUM-166 MHZ MMX SYST 001-170-999-5604 SALES TAX 001-170-999-5604 002566 VALLEY MICRO COMPUTERS 002566 VALLEY MICRO COMPUTERS 002566 VALLEY MICRO COMPUTERS CART CTNR - T20 ARCHIVAL 001-120-999-5277 DATA STORAGE MICROBOX ARCHIVAL 001-120-999-5277 APERTURE CARD BOX ARCHIVAL 001-120-999-5277 LEASED CTNR/INSERT CONT. 604 001-120-999-5277 LEASED CTNR/MICROBOX 648 001-120-999-5277 APERTURE CARD BOX 686 001-120-999-5277 001209 VAULT INC., THE 001209 VAULT INC., THE 001209 VAULT INC., THE 001209 VAULT INC., THE 001209 VAULT INC., THE 001209 VAULT INC., THE REFUND: SECURITY DEPOSIT 190-2900 001342 001342 001342 001342 001342 001342 WALSH, CAROL BLDG MAINT SUPPLIES MAINT SUPPLIES: PARKS MAINT SUPPLIES-CITY HALL MAINTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES ' CRC MAINTENANCE SUPPLIES - TCC 190-180-999-5212 190-180-999-5212 340-199-701-5212 190-182-999-5212 190-182-999-5212 190-184-999-5212 WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, MAINT SUPPLIES: PW 001-164-601-5218 002109 WHITE CAP XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI LEASE OF 5100A COPIER (LARGE) 330-2800 LEASE OF 5100A COPIER (LARGE) 330-199-999-5391 LEASE OF 5100A COPIER (LARGE) 330-199-999-5391 POOLED MAINTENANCE & SUPPLIES 330-199-999-5217 POOLED MAINTENANCE & SUPPLIES 190-182-999-5217 POOLED MAINTENANCE & SUPPLIES 190-182-999-5217 SEPT LEASE 4 DC-35/5343 COPIER 330-2800 SEPT LEASE 4 DC-35/5343 COPIER 330-199-999-5391 SEPT LEASE 4 DC-35/5343 COPIER 330-199-999-5391 86.91 47.00 452.84 8,000.00 20.40 98.05 1,455.00 47.25 5.00 3.66 536.18 292.50 1,195.00 92.61 416.52 11.61 38.70 48.00 6.00 20.00 100.00 43.26 100.11 431.45 12.88 266.80 96.37 15.86 1,564.66 529.49 25.88 5,035.97 126.48 4.01 2,499.66 870.79 55.23 000345 000345 000345 000345 000345 000345 000345 000345 000345 86.91 47.00 452.84 8,000.00 20.40 98.05 1,455.00 55.91 536.18 1,580.11 540.83 100.00 950.87 15.86 10,712.17 TOTAL CHECKS 210,583.51 VOUCHRE2 11/25/97 15:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LON/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 69,501.15 4,900.62 17,121.82 26.13 66.56 1,144.08 483.53 80,489.82 5,336.11 332.13 8,359.46 305.74 2,662.21 TOTAL 190,729.36 VOUCHRE2 CITY OF TEMECULA 11/25/97 15:10 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM CHECK AMOUNT AMOUNT 46598 11/21/97 002129 GREAT WEST CONTRACTORS, JOINT CK AGREEMENT:PRKVW ST#84 210-2038 6,854.80 6,854.80 46599 11/21/97 002129 GREAT WEST CONTRACTORS~ JOINT CK AGREEMENT:PARKVIEW ST 210-2038 47~857.93 47~857.93 46600 11/24/97 000901 C P R S AWARD APPL:ELECTRIC LIGHT PSTR 190-180-999-5226 25.00 25.00 46601 11/24/97 001532 C P R S AWARD APPL:ACTIVITY GUIDE 190-180-999-5226 25.00 25.00 830360 11/26/97 000444 INSTATAX (EDD) 000444 SDI 001-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 SDI 165-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 SDI 190-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 SDI 193-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 SDI 280-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 SDI 340-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 001-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 165-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 190-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 191-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 192-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 193-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 194-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 280-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 300-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 320-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 330-2070 830360 11/26/97 000444 INSTATAX (EDD) 000444 STATE 340-2070 27.14 9.75 47.89 1.13 3.65 3.23 4,238.17 216.02 774.50 1.64 3.95 74.01 24.96 193.81 24.77 133.51 22.95 95.45 5,896.53 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 883259 11/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 16,201.99 714.28 3~360.72 8.94 23.15 358.93 140.27 599.67 91.23 569.88 109.14 410.24 3~769.32 186.35 967.81 2.38 6.17 86.66 36.57 173.08 24.54 122.58 27.02 122.27 28,113.19 VOUCHRE2 11/25/97 15:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 46606 11/26/97 002662 46607 11/26/97 001538 AGRICULTURAL PEST CONTR ALBERT GROVER & ASSOCIA 46608 11/26/97 001947 AMERIGAS 46609 11/26/97 002506 BAILEY'S BLINDS & DRAPE ITEM DESCRIPTION WATERFOWL REMOVAL @ DUCK POND OCT PROF SRVCS:PW95-16 46611 46612 46613 PROPANE FUEL FOR CITY VEHICLES VERTICAL BLINDS FOR CITY HALL 46610 11/26/97 8ALLAND, MICHELLE REFUND:GYMNASTICS 11/26/97 000696 BOY SCOUTS OF AMERICA 11/26/97 003048 BOYS & GIRLS CLUB OF TE 11/26/97 002878 BUSINESS INFORMATION SY RE-CHARTER EXPLORER PROGRAM O.T.BOOTH:FOR GIFT WRAPPING SEPT COMPUTER TRAINING 46613 11/26/97 002878 BUSINESS INFORMATION SY NETSCAPE TRAINING SEPT 25 46613 11/26/97 002878 BUSINESS INFORMATION SY COMPUTER TRAINING 10/7 & 10/9 46613 11/26/97 002878 BUSINESS INFORMATION SY COMPUTER TRAINING 11/3-11/6 46614 11/26/97 000901 C P R S AWARD APPL:SKATE PRK BROCHURE 46615 46616 46617 46617 46618 46619 46620 46621 46622 46623 46623 46623 46623 46624 46625 46626 46627 46627 11/26/97 001260 C P R S AWARD APPL:PUBLIC SAFETY PRGM 11/26/97 001532 C P R S AWARD APPL:4TH OF JULY POSTER 11/26/97 000126 CALIFORNIA LANDSCAPE MA CITY HALL/LDSC IMPROVEMENTS 11/26/97 000126 CALIFORNIA LANDSCAPE MA R.HIGHLAND/YNEZ ELEVATE SHRUBS 11/26/97 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE ACCOUNT NUMBER 190-180-999-5250 210-165-640-5802 001-162-999-5263 340-199-701-5212 190-183-4982 001-171-999-5235 280-199-999-5362 320-199-999-5261 320-199-999-5261 320-199-999-5261 320-199-999-5261 190-180-999-5226 190-180-999-5226 190-180-999-5226 340-199-701-5415 193-180-999-5212 001-164-601-5244 11/26/97 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-165-999-5263 11/26/97 CLE INTERNATIONAL CF:12/11-12 M.FAGAN 001-161-999-5258 11/26/97 002521 COMMUNITY DEVELOPMENT D SUB:FEDERAL ASSISTANCE MONITOR 001-110-999-5228 11/26/97 002147 COMPLIMENTS, COMPLAINTS O.T. ENTERTAINMENT:HOLIDAYS 11/26/97 000447 COMTRONIX OF HEMET 11/26/97 000447 COMTRONIX OF HEMET 11/26/97 000447 COMTRONIX OF HEMET 11/26/97 000447 COMTRONIX OF HEMET 11/26/97 001014 COUNTRY SIGNS & DESIGNS 11/26/97 002106 DA FAMILY SUPPORT 11/26/97 001716 DAN'S ROOFING 11/26/97 001380 E S I EMPLOYMENT SERVIC 11/26/97 001380 E S ! EMPLOYMENT SERVIC RADIO,ANTENNA FOR NEW TRUCK LABOR REMOVE LIGHT AND REINSTALL SALES TAX PLAQUE/SIGN FOR SENIOR CENTER 002106 SUPPORT RESIDENT IMPROV. PRGM:SAUCEDO TEMP HELP (2)W/E 11/7 DONAHOE TEMP HELP (2)W/E 11/7 CABRAL 280-199-999-5362 001-162-999-5214 001-162-999-5214 001-162-999-5214 001-162-999-5214 190-181-999-5301 190-2140 165-199-813-5804 001-161-999-5118 001-171-999-5118 ITEM AMOUNT 1,000.00 2,430.00 237.04 49.00 46.00 139.00 250.00 1,800.00 700.00 1,200.00 1,800.00 25.00 30.00 25.00 728.00 200.00 1,077.50 16.62 495.00 279.00 450.00 972.25 310.00 120.00 75.35 320.47 82.50 2,630.00 3,076.65 1,418.85 PAGE 2 CHECK AMOUNT 1,000.00 2,430.00 237.04 49.00 46.00 139.00 250.00 5,500.00 25.00 30.00 25.00 928.00 1,077.50 16.62 495.00 279.00 450.00 1,477.60 320.47 82.50 2,630.00 4,495.50 VOUCHRE2 CITY OF TEMECULA 11/25/97 15:10 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 46628 11/26/97 002326 EDD RIVERSIDE AREA COLL 10% RETENTION W/H FROM PRG PMT 210-2035 642.80- 46628 11/26/97 002326 EDD RIVERSIDE AREA COLL STOP PMT-EXCEL EQUIP RENTAL 210-2038 5,788.97- 46628 11/26/97 002326 EDD RIVERSIDE AREA COLL SPT PRK CREEK PRJT-JAN PRGSS 210-190-138-5804 6,428.00 46628 11/26/97 002326 EDD RIVERSIDE AREA COLL REL.RETENTION:SP CRK RESTORATN 210-2035 19,123.10 46628 11/26/97 002326 EDD RIVERSIDE AREA COLL STOP NOTICE:PW95-10CSD 210-2038 9,240.17- 9,879.16 46629 11/26/97 EDWARDS, ALYCE REFUND:MUSIC FOR TODDLERS 190-183-4982 12.00 12.00 46630 11/26/97 002802 ELLIS GROUP, INC. OCT LEGAL CONSULTING SERVICES 001-130-999-5250 1,700.00 1,700.00 46631 11/26/97 002128 ENGINEERING VENTURES, I OCT PROF SRVCS-PW97-02 210-165-677-5802 3,490.53 3,490.53 46632 11/26/97 002060 EUROPEAN DELI & CATERIN REFRESHMENTS COUNCIL MEETING 001-100-999-5260 118.25 118.25 46633 11/26/97 001056 EXCEL LANDSCAPE LOMA LINDA PK/ADDT'L MULCH 190-180-999-5415 350.00 350.00 46634 11/26/97 000478 FAST SIGNS BANNER FOR SPECIAL EVENTS 190-180-999-5254 219.00 46634 11/26/97 000478 FAST SIGNS SALES TAX 190-180-999-5254 16.97 235.97 46635 11/26/97 002982 FRANCHISE TAX BOARD - W 002982 ST DED 190-2140 93.34 46635 11/26/97 002982 FRANCHISE TAX BOARD - W 002982 ST DED 280-2140 25.00 118.34 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 190-180-999-5220 28.00 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 190-180-999-5220 44.00 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 190-180-999-5220 75.00 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 190-180-999-5220 1.65 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, FREIGHT 190-180-999-5220 23.00 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, SALES TAX 190-180-999-5220 13.30 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, 1998 RENEWAL DAY PLANNERS 001-110-999-5220 26.00 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, 1998 RENEWAL DAY PLANNER FOR 001-110-999-5220 28.00 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, SHIPPING AND HANDLING 001-110-999-5220 7.40 46636 11/26/97 000170 FRANKLIN QUEST COMPANY, SALES TAX 001-110-999-5220 4.76 251.11 46637 11/26/97 000184 G T E CALIFORNIA - PAYM 909-694-4354-PALA COMM PRK-OCT 320-199-999-5208 46637 11/26/97 000184 G T E CALIFORNIA - PAYM 909-695-3564-CITY ALARM-OCT 320-199-999-5208 29.64 52.09 81.73 46638 11/26/97 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-120-999-5220 182.09 46638 11/26/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 330-199-999-5220 16.12 46638 11/26/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-162-999-5220 205.81 404.02 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 143.94 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 86.85 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 86.85 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 86.85 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 47.60 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 205.00 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5221 28.26 46639 11/26/97 000192 GLOBAL COMPUTER SUPPLIE SALES TAX 320-199-999-5221 51.95 737.30 46640 11/26/97 002372 HARMON, JUDY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 218.80 218.80 VOUCHRE2 11/25/97 15;10 VOUCHER/ CHECK NUMBER 46641 46641 46642 46643 46644 46644 46644 46644 46645 46646 46646 46647 46648 46649 46649 46650 46651 46651 46652 46653 46654 46655 46656 46657 46658 46659 46660 46660 46661 46662 CHECK VENDOR DATE NUMBER 11/26/97 001013 11/26/97 001013 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER HINDERLITER deLLAHAS AS QTR 4 SALES TAX SERVICES 001-140-999-5248 HINDERLITER deLLAMAS AS SALES TAX FINDERS FEE FY 97/98 001-140-999-5248 11/26/97 001158 HOLIDAY INN HTL:JUSTICE CF:FLORES 12/9-10 11/26/97 002098 HOUSE OF MOTORCYCLES REPAIR & MAINT. POLICE MOTOR. 11/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 11/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 11/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 11/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 11/26/97 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 11/26/97 001894 JOHNSON FENCE COMPANY 11/26/97 001894 JOHNSON FENCE COMPANY 11/26/97 000594 K R T M FM RADIO 11/26/97 002909 K W C ENGINEERING, INC. 11/26/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/9 MILES 11/26/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/9 MILES 11/26/97 003046 KFROG 95.1 ADVERTISING:O.T. HOLIDAYS 11/26/97 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 11/2 PETERSON 11/26/97 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 11/9 PETERSON 001-140-999-5261 11/26/97 002023 KING, WENDE 11/26/97 KOEN, STEPHEN 11/26/97 000596 LEAGUE OF CAL. CITIES 11/26/97 002282 LIEBER, CARON 001-170-999-5214 001-2080 165-2080 190-2080 280-2080 001-2140 CRC POOL GATE HRDWR.REPLCMT. 190-182-999-5212 HOCKEY RINK MAINTENANCE 190-180-999-5212 LIVE REMOTE RADIO ANNOUNCEMENT 280-199-999-5362 OCT DESIGN SRVCS-RCSP SIDEWALK 210-190-154-5802 001-163-999-5118 001-164-604-5118 TCSD INSTRUCTOR EARNINGS REFUND:LEARN TO BOWL LEAGUE CF:12/4-5 R.ROSERTS TCSD INSTRUCTOR EARNINGS 11/26/97 LRP PUBLICATIONS DEPT 4 PUB:BARGAINING & PARTNERING 11/26/97 002011 11/26/97 001905 11/26/97 001384 11/26/97 001384 11/26/97 001256 MARRIOTT HOTEL MARTIN, KATHARINA E. MEYERS, DAVID WILLIAM MINUTEMAN PRESS MINUTEMAN PRESS 11/26/97 000228 MOBIL CREDIT FINANCE CO 11/26/97 002548 MORRIS SR., STEWART M. 280-199-999-5362 001-140-999-5118 001-140-999-5118 190-183-999-5330 190-183-4982 001-140-999-5261 190-183-999-5330 001-110-999-5228 HTL:FAGAN:12/10/97:ENDANG.SPEC 001-161-999-5258 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS BUSINESS CARDS-K.HARRINGTON SALES TAX FUEL FOR CITY VEHICLES TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190-183-999-5330 190-180-999-5222 190-180-999-5222 001-170-999-5262 190-183-999-5330 ITEM AMOUNT 900.00 2,289.99 259.92 40.72 1,599.36 18.75 275. O0 6.25 310.06 150.00 420.00 500.00 65.00 72.80 218.40 1,000.00 83.20 96.69 280.40 4.00 215.00 160.00 43.00 271.32 416.00 288.00 102.50 7.94 155.97 112.00 PAGE 4 CHECK AMOUNT 3,189.99 259.92 40.72 1,899.36 310.06 570.00 500.00 65.00 291.20 1,000.00 179.89 280.40 4.00 215.00 160.00 43.00 271.32 416.00 288.00 110.44 155.97 VOUCHRE2 11/25/97 15:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 46662 11/26/97 002548 46663 11/26/97 002995 46663 11/26/97 002995 46663 11/26/97 002995 46664 11/26/97 002292 46665 11/26/97 46666 11/26/97 002105 46666 11/26/97 002105 46667 11/26/97 002216 MORRIS SR., STEWART M. MYRON MANUFACTURING COR MYRON MANUFACTURING COR MYRON MANUFACTURING COR OASIS VENDING OBLACHINSKI, ELIZABETH OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE P F C UNLIMITED TCSD INSTRUCTOR EARNINGS IMPRINTED PENS FOR VOLUNTEERS SET UP FEE FREIGHT COFFEE/VENDING SVCS-CITY HALL REFUND: 2 DAY ART CAMP VEHICLE REPAIR AND MAINTENANCE VEHICLE MAINTENANCE & REPAIR CALLE ARAGON PRK WINDOW REPAIR 190-183-999-5330 001-150-999-5265 001-150-999-5265 001-150-999-5265 340-199-701-5250 190-183-4982 190-180-999-5214 001-164-601-5214 190-180-999-5212 256.00 179.00 5.95 10.31 447.97 80.00 25.49 22.42 45.79 368.00 195.26 447.97 80.00 47.91 45.79 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 46668 11/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 19,936.29 790.85 3,747.36 13.12 32.40 385.51 195.26 911.68 131.88 650.10 129.58 513.87 313.17 68.04 1.75 13.90 .05 .14 1.49 .84 2.43 .46 1.86 .93 2.18 27,845.14 46669 11/26/97 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 49.85 49.85 46670 11/26/97 000249 PETTY CASH 46670 11/26/97 000249 PETTY CASH 46670 11/26/97 000249 PETTY CASH 46670 11/26/97 000249 PETTY CASH 46670 11/26/97 000249 PETTY CASH 46670 11/26/97 000249 PETTY CASH 46670 11/26/97 000249 PETTY CASH 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 001-164-601-5218 001-101-999-5280 190-180-999-5301 190-183-999-5320 001-164-601-5250 190-180-999-5260 001-120-999-5225 001-164-604-5222 3.21 60.18 5.55 47.78 10.73 27.29 26.20 10.24 VOUCHRE2 11/25/97' 15:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-171-999-5222 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5260 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-199-999-5260 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 340-199-701-5212 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5261 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 46670 11/26/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 30.17 3.98 21.77 30.00 2.00 17.57 15.91 46.66 35.08 42.05 20.14 4.25 5.00 40.70 31.41 48.36 9.00 35.62 .01 .05 630.91 46672 11/26/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-161-999-5230 46672 11/26/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-165-999-5230 46672 11/26/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 190-180-999-5230 62.25 10.75 10.75 83.75 46673 11/26/97 003040 PRESENTERS OF THE PAST MUSICAL PRESENTATION - OLDTOWN 280-199-999-5362 800.00 800.00 46674 11/26/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE:PA97-0354 001-161-999-5256 46674 11/26/97 000254 PRESS-ENTERPRISE COMPAN LEGAL ADVERTISING:PW97-28 001-120-999-5256 46674 11/26/97 000254 PRESS-ENTERPRISE COMPAN LEGAL ADVERTISING:LIBRARY 001-120-999-5256 18.25 32.25 11.00 61.50 46675 11/26/97 002776 PRIME MATRIX, INC. SC-5001322-6 RB 001-110-999-5208 46675 11/26/97 002776 PRIME MATRIX, INC. SC-5001379-6 JH 001-163-999-5208 46675 11/26/97 002776 PRIME MATRIX, INC. SC-5001278-0 SM 001-163-999-5208 40.62 165.35 141.62 347.59 46676 11/26/97 000907 RANCHO CAR WASH VEHICLE MAINTENANCE 001-162-999-5214 46676 11/26/97 000907 RANCHO CAR WASH FUEL EXPENSE - CITY VEHICLES 001-162-999-5263 46676 11/26/97 000907 RANCHO CAR WASH VEHICLE MAINTENANCE 001-165-999-5214 42.00 10.45 5.00 57.45 46677 11/26/97 002931 RESCUE SOURCE~ THE HELMETS FOR FIRE DEPT 001-171-999-5242 46677 11/26/97 002931 RESCUE SOURCE, THE WHISTLES FOR FIRE DEPT 001-171-999-5242 46677 11/26/97 002931 RESCUE SOURCE, THE RESCUE KNIFES FOR FIRE DEPT 001-171-999-5242 46677 11/26/97 002931 RESCUE SOURCE~ THE SALES TAX 001-171-999-5242 46677 11/26/97 002931 RESCUE SOURCE, THE LIFE VEST FOR FIRE DEPT 001-171-999-5242 46677 11/26/97 002931 RESCUE SOURCE~ THE SALES TAX 001-171-999-5242 179.70 25.50 95.70 51.82 834.00 60.47 1,247.19 46678 11/26/97 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 001-163-999-5220 9.00 9.00 46679 11/26/97 001097 ROADLINE PRODUCTS, INC. REPAIRS TO AIRLESS PUMPS-PW 001-164-601-5215 46679 11/26/97 001097 ROADLINE PRODUCTS, INC. FREIGHT 001-164-601-5215 46679 11/26/97 001097 ROADLINE PRODUCTS, INC. SALES TAX 001-164-601-5215 294.25 5.04 24.28 323.57 VOUCHRE2 11/25/97 VOUCHER/ CHECK NUMBER 46680 46681 46682 46682 46682 46683 46683 46683 46683 46684 46685 46686 46686 46686 46686 46686 46686 46686 46686 46686 46686 46687 46687 46687 46687 46687 46687 46688 46689 46689 46689 46690 46690 46691 15:10 CHECK DATE 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 11/26/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 7 VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 002714 000645 000519 000519 000519 000282 000282 000282 000282 000314 000919 001065 001065 001065 001065 001065 001065 001065 001065 001065 001065 000389 000389 000389 000389 000389 000389 002621 000325 000325 000325 ROWAN, BARBARA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 SMART & FINAL, INC. SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370 SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR NOV PEST CONTROL SVC-CITY HALL NOV PEST CONTROL SVCS - TCC NOV PEST CONTROL SVC-MAINT.YRD 340-199-701-5250 190-184-999-5250 340-199-702-5250 SOUTHERN CALIF MUNICIPA MB:L.AMAVISCA:1/1/98-12/31/98 SOUTHERN CALIF MUNICIPA MB:J.LAWRENCE:1/1/98-12/31/98 SOUTHERN CALIF MUNICIPA MB:S.JOHNSON:1/1/98-12/31/98 SOUTHERN CALIF MUNICIPA MB:K.PALMER:1/1/98-12/31/98 190-180-999-5226 190-180-999-5226 190-180-999-5226 190-180-999-5226 TEMECULA VALLEY MUSEUM DRAW REQUEST-ST CATHERINE CHRC 210-190-808-5804 TEMECULA VALLEY UNIFIED BANDS'TRANSPRT-XMAS PARADE 97 190-183-999-5370 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001065 120.00 U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) U S C M /PEBSCO COBRA) 100.73 56.00 36.00 40.00 25.00 25.00 25.00 25.00 9,912.40 110.00 DEF COMP 001-2080 3,613.94 DEF COMP 165-2080 181.49 DEF COMP 190-2080 1,505.51 DEF COMP 192-2080 .75 DEF COMP 193-2080 19.37 DEF COMP 194-2080 85.63 DEF COMP 280-2080 348.17 DEF COMP 300-2080 59.25 DEF COMP 320-2080 562.50 DEF COMP 340-2080 129.63 000389 PT RETIR 001-2160 579.40 000389 PT RETIR 165-2160 146.38 000389 PT RETIR 190-2160 718.32 000389 PT RETIR 193-2160 16.98 000389 PT RETIR 280-2160 54.80 000389 PT RETIR 340-2160 48.46 001-120-999-5258 UNION BANK OF CALIF, N. 5305001995993-J.G.-OCT 001-2120 165-2120 190-2120 UNITED WAY 000325 UW UNITED WAY 000325 UW UNITED WAY 000325 UW 190-180-999-5243 190-180-999-5243 UNITOG RENTAL SERVICE, UNIFORM RENTAL SVCS - TCSD UNITOG RENTAL SERVICE, UNIFORM RENTAL SVCS - CRC REFUND:PUPPET THEATRE STORYTME 190-183-4982 WOOD~ LINDA 742.73 97. O0 5.00 17.00 31.79 16.09 30.00 000326 000326 120.00 100.73 132.00 100.00 9,912.40 110.00 6,506.24 1,564.34 742.73 119.00 47.88 30. O0 TOTAL CHECKS 190,729.36 VOUCHRE2 11/Z5/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOU/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS AMOUNT 51,578.43 38.50 10,656.25 8,813.00 45,849.98 1,932.58 13,946.23 15,595.87 TOTAL 148,410.84 VOUCHRE2 11/25/97 VOUCHER/ CHECK NUMBER 46694 46695 46695 46696 46696 46696 46697 46697 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46698 46699 46699 46700 15:24 CHECK DATE 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 12/09/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER NAME DESCRIPTION NUMBER AMOUNT 001281 002086 002086 001193 001193 001193 001056 001056 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 000420 000420 ALHAMBRA GROUP CALIFORNIA PAVEMENT MAN CALIFORNIA PAVEMENT MAN COMP USA, INC. COMP USA, INC. COMP USA, INC. EXCEL LANDSCAPE EXCEL LANDSCAPE RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS TRANS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN VANDORPE CHOU ASSOCIATI 000332 LDSC ARCHITECT SRVCS:DUCK POND 210-190-143-5802 PRGS PMT#1 ANNUAL SLURRY SEAL 001-164-601-5402 RETENTION W/H SLURRY SEAL PRJT 001-2035 10,135.00 21,400.00 2,140.00- (2) MEMORY CARDS 320-1970 2,009.65 (8) HARD DRIVES 320-1970 12,464.48 SALES TAX 320-1970 1,121.74 OCT LDSC MAINT FOR PARKS OCT LDSC MAINT FOR SLOPES 190-180-999-5415 193-180-999-5415 SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES SEPTEMBER 97 LEGAL SERVICES 001-130-999-5246 001-130-999-5246 001-130-999-5246 190-180-999-5246 001-130-999-5246 001-1280 001-130-999-5246 001-1280 300-199-999-5246 001-130-999-5246 300-1270 300-199-999-5246 300-199-999-5246 001-130-999-5246 300-199-999-5246 001-130-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 280-199-999-5246 165-199-999-5246 OCT PROF SVCS-OVERLAND/MARGAR. 210-165-681-5802 OCT PROF SVCS-WESTERN BYPASS 210-165-612-5802 OCTOBER PLAN CHECK SERVICES 001-162-999-5248 8,961.00 8,813.00 6,646.23 2,669.93 6,135.25 1,695.25 330.00 1,965.55 364.00 186.50 1,312.00 36.00 135.50 5,187.77 2,576.50 4,069.25 68.00 666.00 928.46 2,409.00 1,329.00 1,932.58 38.50 29,239.98 6,475.00 9,249.72 PAGE 1 CHECK AMOUNT 10,135.00 19,260.00 15,595.87 17,774.00 40,681.27 35,714.98 9,249.72 TOTAL CHECKS 148,410.84 ITEM 3 APPROVAL CITY ATTORNEY CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Genie Roberts, Director of Finance~'~ November 26, 1997 SUBJECT: City Treasurer's Report as of October 31, 1997 PREPARED BY: Tim McDermott, Assistant Finale Director Jesse Diaz, Project Accountant(,~,~, RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of October 31, 1997. 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 October 31, 1997. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of October 31, 1997 2. Schedule of Assets, Liabilities, and Fund Equity as of October 31, 1997 City of Temecula City Treasurer's Report As of October 31, 1997 Cash Activity for the Month of October: Cash and Investments as of October 1, 1997 Cash Receipts Cash Disbursements Cash and Investments as of October 31, 1997 $ 50,948,681 3,333,684 (4,578,300) $ 49,704,065 Cash and Investments Portfolio: Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Checking Accounts (Sherwood/Pujol Apartments) Deferred 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) Reserve Account-RDA Bonds (Guaranteed Investment Contract) Institution City Hall Union Bank Union Bank (Highmark U.S. Treasury) Union Bank State Treasurer Home Savings of America ICMA PEBSCO PEBSCO First Trust (First Am. Treasury) Bayerische Landesbank First Trust (First Am. Treasury) Bayerische Landesbank Yield 4.634 % 5.705 % 4.971% Maturity Date (2) Contractual/ Market Value $ 1,500 (954,940) 788,508 6,559 36,629,951 5,036 419,459 687,879 81,343 17,340 PadBook Balance 1,500 (954,940) (1) 788,508 6,559 (1) 36,629,951 (3) 5,036 419,459 687,879 81,343 17,340 6.870 % 502,690 502,690 4.971% 10,069,820 10,069,820 7.400 % 1,448,920 1,448,920 $ 49,704,065 (1)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-At October 31, 1997 total market value for the Local Agency Investment Fund (LAIF) was $28,214,924,352. The City's proportionate share of that value is $37,045,601. 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 October 31, 1997 Assets: Cash and investments Receivables Due from other funds Land held for resale Prepaid assets Deposits Fixed assets-net City (1) $ 31,756,191 $ 4,890,202 2,251,976 90,106 286,789 1,088,260 Total assets $ 40,363,524 Community Services Redevelopment District Agency 1,192,449 $ 16,755,425 $ 155,095 659,718 10,907 2,103,053 Total 49,704,065 5,705,015 2,262,883 2,103,053 90,106 286,789 1,088,260 $ 1,358,451 $ 19,518,196 $ 61,240,171 Liabilities and fund equity: Liabilities: Due to other funds $ 1,140,472 Other liabilities 5,354,657 10,907 $ 1,111,504 $ 2,262,883 162,515 535,933 6,053,105 Total liabilities 6,495,129 173,422 1,647,437 8,315,988 Fund equity: Contributed capital 1,281,781 Retained earnings 607,393 Fund balances: Reserved (2) 4,767,501 Designated (3) 22,816,751 U ndesignated 4,394,969 Total fund equity 1,281,781 607,393 Total liabilities and fund equity 1,061,849 7,020,087 12,849,437 561,652 10,850,672 34,229,075 (438,472) 3,956,497 33,868,395 1,185,029 17,870,759 52,924,183 $ 40,363,524 $ 1,358,451 $ 19,518,196 $ 61,240,171 (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, Iow/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. ITEM 4 TO: FROM: DATE: SUBJECT: CITY ATTORNEY ~ FINANCE DIRECTOR ~ CITY MANAGER .~,~--- II CITY OF TEMECULA AGENDA REPORT City Council/City Manager (~ Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 Release Faithful Performance Warranty and Labor and Materials Bonds in Tract No. 22916-1. (Northwesterly corner of intersection of Pauba Road at Meadows Parkway) PREPARED BY: Ronald J. Parks, Principal Engineer- Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE release of the Faithful Performance Warranty and Labor and Materials bonds for Street, Water, and Sewer improvements for Tract No. 22916-1, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 18, 1990, the City Council approved Tract No. 22916-1. Subdivision Agreements and Surety Bonds were submitted by: Tayco (Joint Venture of Taylor Woodrow Homes and Costain Homes, Inc.) 4921 Birch Street, Suite 110 Newport Beach, CA 92660 for the improvement of streets, water, and sewer improvements, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: I · Bond No. PB 300 12 675 in the amount of $1,391,500 (91,105,500, 9148,000, and $138,000, respectively) to cover street, water, and sewer improvements. , Bond No. PB 300 12 675 in the amount of 9696,000 (9552,750, 974,000, and 969,250, respectively) to cover street, water, and sewer material and labor. , Bond No. PB 300 13 182 in the amount of 926,676 to cover subdivision monumentation. R:\AGDRPT\97\ !209\TR229161.FNL Effective December 31, 1993, Costain Homes, Inc. withdrew from the joint venture partnership. The new partnership is TAYCO, a California General Partnership (comprised of Taylor Woodrow Homes California Limited, a California Corporation, and Taylor Woodrow Real Estate, a California Corporation). A 50% reduction in the Faithful Performance Bond amounts was sought by TAYCO, approved by the various districts and recommended by Public Works Staff, and the City Council approved the reduction in Faithful Performance Bond amounts, accepted substitute agreements, and riders to the bonds on June 28, 1994. The riders to the bonds retained the following Faithful Performance Bond amount: Street, Water, and Sewer Improvements: Bond No. PB 300 12 675 9696,000 On July 23, 1996, the City Council accepted the public improvements, initiated the one-year warranty period, released the Subdivision Monument Security, and authorized reduction in Faithful Performance security amount to the ten-percent (10%) level as follows: Street, Water, and Sewer Improvements: Bond No. PB 300 12 675 9131,950 Public Works Staff has reviewed the project in the field, following completion of the one- year warranty period, and all necessary repairs/replacements have been satisfactorily completed. Therefore Staff recommends release of the faithful performance warranty security noted above. 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 lien period following City Council approval of the public 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, Water, and Sewer Improvements: Bond No. PB 300 12 675 9696,000 The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-97. The streets within the subdivision accepted were Corte Villosa, Via Azalea, Corte Ruiz, Corte Castro, and portions of Meadows Parkway, Rancho Vista Road, Pauba Road, and Camino Romo. FISCAL IMPACT: None Attachment: Location Map R: \AGDRFr\97\ 1209\TR229161.FNL VICINITY MAP NOTE: ,MAPS NOT TO SCALE LOT "1~ * TRACT N_O_,_ 22 19_L6_rl- L o_c__atio n Map ITEM 5 CITY ATTORNEY FINANCE DIRECT(~,j~n~' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~~~'Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 Riverside County Transportation Commission/City of Temecula - Measure "A" Loan Agreement RECOMMENDATION: That the City Council: . Approve the agreement (Attachment "A") between the City of Temecula and Riverside County Transportation Commission (RCTC) for a loan of $5,000,000 to be repaid through future Measure "A" entitlement. , Authorize the Mayor to execute the loan agreement between the City of Temecula and RCTC. 3. Approve the following fund allocations: A, Appropriate 91.2 million in Measure "A" funds to the State Highway 79 South from Interstate 15 to Avenida De Missions ("Missing Link") Project. B. Appropriate $3.8 million in Measure "A" funds to the Rancho California Road Interchange Project (Project No. PW95-12). Go Eliminate the appropriation of $258,870 for the Rancho California Road Interchange Project (Redevelopment Agency (RDA)). Do Eliminate the appropriation of 91.48 million for the Rancho California Road Interchange Project (Development Impact Fees - Street Improvements). E. Eliminate the appropriation of 92,061,130 for the Rancho California Road Interchange Project (Capital Project Reserves). BACKGROUND: With the successful passage of Measure "AA" in November, 1992, RCTC's bonding limitation was increased from 9300 million to 9525 million. One of the ballot issues facing the voters was an increase in the bonding limit to allow the RCTC to serve as the bonding vehicle for local jurisdictions to bond against their Measure "A" revenue stream. r:\agdrpt\97\1209\1oan.aodajp As a recipient of Measure "A" Local Streets and Roads Funds, the City of Temecula is eligible to receive bond proceeds under this program. The attached agreement includes all provisions required for the City to receive a Measure "A" loan in the amount of 95 million at an interest rate of 4.75% under the RCTC program. The loan principal will be paid over a twelve year period (see attached schedule). Although this schedule shows a total principal of $5,094,027 available, staff recommends programming of 95 million towards the following Capital Improvement Projects: , 93.8 million for Rancho California Road/I-15 Interchange Improvements: This project includes widening of the Rancho California Road Bridge over I-15, relocation of the northbound off-ramp, and the addition of a northbound loop on-ramp. . 91.2 million for widening of State Highway 79 South from the I-15 Interchange easterly to Avenida De Missions: This project involves expanding the roadway from its current two (2) lanes to six (6) lanes. FISCAL IMPACT: Appropriation of the 95 million in Measure "A" Loan funds will provide funding for the City's contribution of 91.2 million to the County's "Missing Link" Project (Hwy. 79S from I-15 easterly to Avenida De Missions). Additionally, the remaining 93.8 million in Measure "A" loan funds to be allocated to the Rancho California Road Interchange Project will allow funds previously designated (RDA- 9258,870; Capital Reserves- 92,061,130; Development Impact Fees, Street Improvements - 91,480,000) to be appropriated to other projects. Repayment of approximately 9600,000 per year shall be from the City's future allocations of Measure "A" funding. With projected allocations to the City of 91.2 million per year, this will leave approximately 9600,000 available for the annual Pavement Management System Program. Attachments: 1. Agreement for Advance of Measure "A" Local Streets and Roads Funds r:\agdrpt\97\1 209\1oan.agr/ajp AGREEMENT FOR ADVANCE OF MEASURE "A" LOCAL STREETS AND ROADS FUNDS 1. Parties and Date. This Agreement ("Agreement") is entered into this ~ day of , 1997, by and between the Riverside County Transportation Commission ("RCTC") and the City of Temecula ("City") located in the County of Riverside, State of California: 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 The City is a municipality with local streets and roads requiring maintenance, development and rehabilitation. 2.3 RCTC has enacted and the voters of Riverside County ("County") have approved Measure "A" which authorizes RCTC to impose a retail transaction and use tax of one-half percent (. 5%) throughout the County of Riverside for up to twenty years. This tax is popularly known as a ~/5 cent sales tax. 2.4 The Transportation Improvement Plan ("Plan") implementing Measure "A" provides that such funds are to be used for transportation purposes in the County and further provides that forty percent (40%) of Measure "A" funds are to be distributed to the cities in the Western County area for local street and road improvements ("Local Streets and Roads Funding") in amounts based on both proportionate population and contribution to Measure "A" revenue. 2.5 The proceeds of the retail transaction and use tax ("Measure "A" Funds") are collected by the California Board of Equalization pursuant to a contract between RCTC and the Board of Equalization, and paid to RCTC monthly. 2.6 The City has requested and RCTC has agreed that RCTC will advance to the City certain amounts which the City and RCTC anticipate RCTC would otherwise collect and allocate to the City as its share of Local Streets and Roads Funding, as allocated pursuant to the formula set forth in The Plan. 2.7 The proceeds of the funds shall be used to finance a portion of the cost of the (1) 1-15/Rancho California Interchange Improvements and (2) Widening of 79 South from 1-15 Interchange Easterly to Avenida De Missions project ("Project"). The Project is described in Exhibit "m." 2.8 The City agrees that it will repay to RCTC the advance and costs associated therewith described herein from Local Streets and Roads Funding. RVPUB\SCD\30747 ~ 3. Terms. 3.1 Advances of Measure "A" Funds. A. Amount of Advances. RCTC hereby agrees to make advances to the City, on the terms and conditions set forth herein, a maximum of Five Million Dollars ($5,000,000.00) ("Advances"). B. Time of Advances. The Advances shall be made under this Agreement when necessary to pay invoices presented by City to RCTC costs actually incurred by City for the Project. C. Interest. Advances hereunder shall accrue interest at a rate of 4~ 75% per annum. D. Repayment of Advances. The City shall repay Advances hereunder in equal monthly installments according to the schedule attached hereto as Exhibit "B". The repayment schedule for the Advances has been established to insure that all Advances (principle and interest) are repaid prior to June 1, 2009. E. Payment of Interest. Interest shall be paid by the City at the interest rate specified in Section 3. I(C) above in arrears on the unpaid portion of the Advances when payments of the Advances are required as specified in Section 3.1 (D) above. F. Prepayment. Because the Advances are, or may be, the proceeds of tax exempt debt, prepayment of the Advances may be made by the City only with RCTC's prior written consent. 3.2 Repayment. A. Authorization to Apply Local Streets and Roads Funding to Payments; Pledge of Additional Security. For so long as any obligation of the City under this Agreement remains outstanding, the City hereby instructs RCTC to apply the City's portion of any Local Streets and Roads Funding which would otherwise be distributed to the City under Measure "A" to pay any due but unpaid obligations of the City to RCTC under this Agreement. RCTC in its sole discretion may require the pledge of additional security if Measure "A" Local Streets and Roads Funding is insufficient to meet the repayment schedule established by RCTC under Section 3.1 (D), above. B. Application of Local Share. RCTC shall calculate the Local Streets and Roads Funding which would otherwise be allocated to the City under Measure "A" within thirty (30) days of receipt by RCTC of such funds from the Board of Equalization, and shall apply such amount against any amounts due from the City and not yet paid to RCTC under this Agreement. C. Remaining Balance Payable. RCTC shall notify the City of the calculation and application of funds made under Section 3.2(B) above, and any amounts then due to RVPCq3\SCD\30747 -2- RCTC from the City, within thirty (30) days of RCTC's calculation and application of such amounts. RCTC's calculations shall be final, absent clerical or mathematical error. The City shall pay to RCTC any balance due within fifteen (15) days of receipt of such notice from RCTC of such amount. D. Early Repaymenl:. City shall be required to provide RCTC, as full or partial repayment of the Advance, any State Local Partnership funds received by the City for the Project pursuant to Senate Bill 300 (Streets and Highways Code Section 2600). 3.3 Conditions of Advances. The obligation of RCTC to make the Advances shall be subject to the condition precedent that RCTC shall have received, in form and substance satisfactory to RCTC, all of the following: A. Duly executed copies of this Agreement and such other documents as RCTC may request in order to fully effectuate the purposes and intent of this Agreement. B. The written opinion of the General Counsel of the City, addressed to RCTC, that this Agreement and the other documents contemplated herein have been duly authorized and do not require the further consent or approval of any body, board or commission or other authority; are the valid, binding and legally enforceable obligations of the City in accordance with their respective terms; are not in contravention of or conflict with any law or regulation; will not conflict with any other agreements of the City, nor constitute an event of default on any obligations of the City to RCTC, on any existing public debt issuance of the City, or under any other agreements of the City', and the Project identified in Exhibit "A" attached hereto are a qualified use of Local Streets and Roads Funding under Measure "A." C. Such documents and certificates regarding the existence, authority and power of the City to execute this Agreement and any related documents as RCTC deems reasonably necessary. 3.4 City's Representations and Warranties. The City hereby makes the following representations and warranties which shall be deemed to be continuing representations and warranties so long as the Advances remains outstanding: A. Agreement Authorized. The execution, delivery and performance of this Agreement and any and all related documents (collectively "Advance Documents") are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. B. No Default. The City is not in default, nor is it aware of any events that, with the passage of time or the giving of notice, would constitute an event of default on any obligation of the City to RCTC or on any existing public debt issuance of the City. C. No Conflict. The execution, delivery and performance of the Advances Documents does not contravene or conflict with any constitutional provision, law, statute, regulation, or any agreement, indenture or undertaking to which the City is a party or by which it or the RVPUB\SCD\30747 -3- Measure "A" Funds may be bound or affected, and does not and will not cause any lien, charge or other encumbrance to be created or imposed upon the Measure "A" Funds by reason thereof D. Solvency. The City is solvent. E. No Violation ofRCTC M~asure "A" Advances Policies. The City is not in violation of the policies of RCTC for recipients of Measure "A" funds, a copy of which is attached hereto as Exhibit "B." F. Litigation. There is no litigation or other proceeding pending or threatened against or affecting the City and relating to the Advances, or the Advances Documents, or the transactions contemplated herein or thereby. G. Financial Condition. All financial statements and data submitted in writing by the City to RCTC in connection with the request for Advance are true and correct, and said statements truly represent the financial condition of the City as of the date thereof and the results of the operations of the City for the period covered thereby and have been prepared in accordance with generally accepted accounting principles on a basis consistently maintained. Since such date there have been no materially adverse changes in the ordinary course of business. The City has no knowledge of any liabilities, contingent or otherwise, at such date not reflected in said statements, and the City has not entered into any special commitments or substantial contracts which are not reflected in said statements other than in the ordinary and normal course of business, which may have a materially adverse effect upon its financial condition or operations as now conducted. 3.5 City's Affirmative Covenants. The City agrees that so long as the Advances is outstanding, it will, unless RCTC shall otherwise consent in writing: A. Use of Advance. Use the Advance only for purpose and project identified in Exhibit "A" attached hereto. In addition, the City recognizes that under Measure "A" the purpose of Local Streets and Roads Funding is to assist with the maintenance, development, and rehabilitation of the existing the City and County road system in Western Riverside County. B. Tax Covenants. Comply with all applicable restrictions and requirements of Internal Revenue Code §§ 103 and 141 through 150, as amended, including any written instructions from RCTC arising from requirements or covenants contained in any nonarbitrage certificate relating to any RCTC Bonds. C. Records and Reports. Maintain a standard and modern system of accounting in accordance with generally accepted accounting principles on a basis consistently maintained and furnish RCTC annual audited financial statements and such other information relating to the affairs of the City or the uses of the Advances as RCTC reasonably may request from time to time. D. Inspection. Permit, at any reasonable time, upon reasonable notice, qualified personnel designated by RCTC in writing, to inspect any projects funded by the Advances RVPUB\SCD\30747 -4- and any records maintained in connection therewith and the Pledged Revenues. RCTC shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection. E. Notice of Defauk. Promptly notify RCTC in writing of the occurrence of any Event of Default hereunder or of any event which would become an Event of Default hereunder upon giving of notice, lapse of time, or both. 3.6 City's Negative Covenants. The City will not, so long as the Advances remains outstanding, without RCTC's prior written consent create, incur, assume or permit to exist any mortgage, deed of trust, security interest (whether possessory or nonpossessory) or other lien upon or on the City's Local Share of Measure "A" Funds other than liens in favor of RCTC. 3.7 Rights and Remedies. A. RCTC shall at all times have the fights and remedies of a secured party under the California Commercial Code ("Code") in addition to the rights and remedies provided herein or in any other agreement or document executed by the City. B. The rights and remedies of RCTC under this Agreement shall not be exhausted by the exercise of any of the rights or remedies of RCTC pursuant to this Agreement or any other agreement between the City and RCTC or any action, proceeding or any number of successive actions or proceedings, unless and until all of the sums owing RCTC by the City shall be fully paid, performed and discharged. All rights and remedies afforded to RCTC pursuant hereto or under any other agreement at any time in effect between the City and RCTC (whether or not there are other parties in addition to the City and RCTC) shall be separate and cumulative and in addition to any and all rights or remedies available at law, in equity or otherwise, and no one of such rights or remedies, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy available and shall in no way limit or prejudice any other right or remedy. The exercise of any one of such fights or remedies shall not be deemed a waiver of, or an election not to exercise, any other right or remedy. 3.8 Events of Default. The occurrence of any one or more of the following events shall, at RCTC's option, constitute an event of default (each an "Event of Default") and the City shall provide RCTC with immediate notice thereof A. Any warranty, representation, statement, report or certificate made or delivered to RCTC by the City or any of the City's officers, employees or agents now or hereafter is incorrect, false, untrue or misleading in any material respect; or B. The City shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement, any agreement delivered pur- suant hereto or any other agreement whether now or hereafter existing between the City and RCTC; or RVPUB\SCDX30747 -~- C. There shall occur any of the following: dissolution, termination of existence or insolvency of the City; the commencement of any proceeding under any bankruptcy or insolvency law by or against the City; entry of a court order which enjoins, restrains or in any way prevents the City from paying any sums owed by the City to RCTC. 3.9 Further Assurances. The parties shall at all times hereafter execute, acknowledge, deliver, and perform all financing statements, documents and acts and further assurances as are reasonably necessary to fulfill their obligations hereunder and to effect the transactions contemplated herein. 3.10 Indemnification. The City shall indemnify, hold harmless and defend RCTC from and against any and all claims, losses, liabilities, damages, costs, and expenses, including interest, penalties, and reasonable attorneys' fees and costs, incurred or suffered, which arise, result from, or relate to its breach of or failure to perform any of its agreements, covenants, obligations, representations, or warranties contained herein. 3.11 Use of Advance. The City shall use the Advances only for the purpose of offsetting the City's costs incurred for the Project. 3.12 Miscellaneous. A. No Waiver. No waiver of any Event of Default or breach by the City hereunder shall be implied from any omission by RCTC to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by RCTC to or of any act by the City requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. B. NO Third Parties Benefitted. This Agreement is made and entered into for the sole protection and benefit of RCTC and the City and no third person, other than a permitted assignee or successor hereunder, shall have any right of action under this Agreement. C. Notices. All notices or other communication required or permitted to be given hereunder shall be in writing and shall be considered as properly given if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, or by express courier delivery or personal delivery to the addressee. Notice mailed by U.S. mail shall be effective two (2) business days following its deposit. Notice given in any other manner shall be effective only if and when received at the addressee's address. For purposes of notice, the addresses of the parties shall be as follows: RVPUB\SCDL30747 -6- RCTC: RIVERSIDE COLrNTY TRANSPORTATION COMMISSION 3560 University Avenue Suite 100 Riverside, CA 92501 Attn: Executive Director CITY: CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attn: City Manager Each party shall have the right to change its address for notice hereunder to any other location by the giving of notice to the other party in the manner set forth above. D. Applicable Law. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the internal laws of California. E. Time. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element. F. Amendment and Waiver. This Agreement and each provision hereof may be amended, changed, waived, discharged or terminated only by an instrument in writing signed by the parties hereto. G. Attorney's Fees. The prevailing party in any action arising out of this Agreement shall be entitled to its actual attorney's fees and other related expenses actually incurred. H. Severability. The invalidity and unenforceability of any one or more provisions of this Agreement will in no way affect any other provision. I. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. J. Headings. The various headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision hereof. K. Further Assurances. At any time or from time to time upon the request of RCTC, the City will execute and deliver such further documents and do other acts and things as RVPUB\SCD\30747 -7- RCTC may reasonably request in order to effect fully the purposes of this Agreement, and any other Advances Documents and to provide for the payment of the Advances and interest thereon in accordance with the terms of this Agreement. RIVERSIDE COUNTY TRANSPORTATION COMMISSION CITY OF TEMECULA By: By: Robert Buster, Chair Mayor REVIEWED AND RECOMMENDED FOR APPROVAL: By: City Clerk By: Jack Reagan, Executive Director REVIEWED FOR FISCAL IMPACT: By: Dean Martin, Chief Financial Officer APPRO,/~_~ TO.~M~I~: By: ~(rside-C--~ ty T~_~3r~3p~ation Commission RVPUB\SCD\30747 -~- Exhibit List Exhibit A .................................................. Description of Project Exhibit B .................................................... Repaymere Schedule Exhibit C .................................................. Commission Policies RVPLrBXSCD\30747 -9- EXHIBIT "A" DESCRIPTION OF PROJECT (1) I- 15/Rancho California Interchange Improvements. It includes bridge widening on Rancho California Road over I-15, relocation of Northbound off-ramp, addition of Northbound loop on-ramp. (2) Widening of 79 South from I- 15 Interchange Easterly to Avenida De Missions. From (2) two lanes to (6) six lanes. RVPUB\SCD\3~747 EXHIBIT "B" REPAYMENT SCHEDULE [See attached] RVPLrB\SCD\30747 2 Riverside County Tran;;portation Commiseion Jun/or $ale~ l'ex Revenue Boncls Ygg7 $erle9 B city ¢~f TEMECULA Liability -- 38.4e% Debt 6ervice R..equirements of theeri,e,s B" Jun or, Bonds I I III I I I II Date P, rinalpa! ,coupon Inte, mst 'Total Debt Service __ I _ II ' I I I _ I I I IllI I [ 1 I 21-Aug-g7 1-Deo.97 - $ 74,532.60 $ 74,532.{~0 l-Jun-g8 $ 288,527.00 3.750% 111,798.89 398,$25JIg 1-Deo, g8 - t06,426.51 106,426.51 1-Jun-99 $$1,909.00 3.850% 106,426.51 458,355.61 1-Deo-99 - 9g,e$2.26 $9,652.26 l-Jun-00 367,293.00 4.000% 99,852.28 481~,945.20 1 .Dec,.O0 - 92,308.40 92,306.40 1-Ju~1,01 380,754.00 4.000% 92,$08.40 473,ae0.40 1-Dec,.o 1 - 84,691.32 84,691 .$2 1-Jun-02 3ee,138.00 4. t25% 84,691.32 480,829.32 1- Deo.02 - 76,520.98 7e, 520.98 1 ,Jun.03 413.4¢5.00 4.250 % 76,520,9 ll 469,965.98 1 -Deo-03 - 67,?35.27 87,?35,27 1.Jun-04 450,752,00 4.375% 67,735.27 498,487.27 l-Dec-04 - 58,312.$7 ,58,312.57 1-Jun-0$ 449,982.00 4.500% 58,312,57 508,294.57 t-Der,-05 · 48,~ 8?.98 45,t 87.0S t-Jun.08 48g,2t 2.00 5.0a0% 4e, 167.e~ = 1 ?,399.98 ~-Oeo.oe - 3e,4=?.~8 3e,4~?.e8 ~-dun. o? 492,288.00 4.e25% 36,4§7.68 ~2e,745.68 1.Deo,07 - 25,073.52 25,073.52 ~-dun-0e sl s,3e4,00 4.750% 25,073,52 $40,437.$2 1.Dec,-08 - ~ 2,833.62 12,833,62 1-Jun,0g _ 540.3.83.00 4.75~% =_. ~2,8.3.~.e_2 .. 553,19.e. e2 Total EXHIBIT "C" COMMISSION POLICIES [See attached] RVPUB\SCD\30747 ~ GUIDELINES FOR MEASURE A RECIPIENTS FINANCING PROGRAM With the successful passage in November 1992 of Measure AA the Commission's bonding limitation was increased from $300 million to $525 million. One of the reasons voters were asked to increase the limit was to allow the Commission to serve as the vehicle for local jurisdictions to bond against their Measure A streets and roads revenue stream. To that end, staff has developed policies which will guide the Commission when providing bond revenues for local jurisdictions. All jurisdictions which receive Measure A local streets and roads monies are eligible to apply for the program. It is the Commission's intent that a number of requests from local jurisdictions will be combined into one debt issue. This will prove to be more efficient for the Commission to administer and probably more advantageous to the borrower(i.e., lower rate of interest). The intent of this is clearly to maximize economies of scale. To accomplish this, local jurisdictions are strongly encouraged to allow sufficient time, once notified of timing and scheduling for the bond issuance, prior to start of project so that delays will not occur as a result of the Commission's need to process all requests. Any jurisdiction either not willing or unable to participate in the combined issuance but still desiring to bond through the Commission, may be subjected to higher administrative fees, issuance costs and interest rates. Any jurisdiction wishing to access this program must meet the following criteria: Section l. Credit Criteria 1.1 All currently issued general obligation debt must be rated investment grade by Moody's and Standard & Poors. Any jurisdiction which has not issued public debt should be in financial condition such that if debt were issued it would be rated investment grade. The Commission encourages all non rated jurisdictions to obtain a shadow rating from Moody's and/or Standard & Poors.(See provision 2.4) 1.2 The jurisdiction (1) has not commenced a voluntary case under any applicable bankruptcy, insolvency or similiar law now or hereafter in effect, (2) admitted in writing its inability to pay its debts generally as they become due, (3) is the subject of a decree or order for relief entered by a court of competent jurisdiction in an involuntary case under any applicable bankruptcy, insolvency or similiar law now or hereafter in effect, (4) has not made an assignment for the benefit of creditors, or (5) has not consented to the appointment of a receiver of itself. 1.3 The jurisdiction must not be in violation of any Measure A policies as established by the Commission for recipients of Measure A funds. 1.4 The jurisdiction may not be in default on any other obligations to the Commission or on any general obligation debt, certificates of participation, or debt supported by special revenues. This is not meant to include financings such as assessment district, redevelopment, or housing bonds. Section 2. Terms and Conditions 2.1 Duration of the loan will be determined by the Commission at its sole discretion. In no event will any term be longer than June 1, 2009. 2.2 Interest rate will be the best rate the Commission can obtain in the market which will be the true interest cost (TIC) for the bond issuance. 2.3 Debt will be issued on a basis subordinate to the Commission's senior debt. 2.4 A debt coverage ratio of 1.5 to 1 based on the lower of the last two year's revenues will be required, unless the jurisdiction is not rated investment grade and chooses not to obtain a shadow rating, then the coverage ratio requirement will be 2 to 1. 2.5 The Commission will withhold payment 'from Measure A streets and roads allocations on a monthly basis. Any month in which a jurisdiction's revenues do not meet the payment obligation, the jurisdiction will be required to remit the difference within 15 days of notice from the Commission. Failure to make timely payment may result in project funds being withheld. In the event project funds are exhausted, a pledge of additional revenues may be required. 2.6 If it is deemed to be feasible and warranted, and subject to bond counsel review, jurisdictions may capitalize interest during the construction period(up to a maximum of two years. 2.7 Prepayment of the obligation will be subject to the terms and conditions of the bond documents, approval of bond counsel, and shall be at no cost to other jurisdictions or the Commission. 2.8 Borrowed funds must be used for eligible projects as set forth in the agreement between the Commission and the jurisdiction. Eligible projects may include construction, repair, and maintenance of streets and roads. The Commission along with its bond counsel will determine if the projects meet this criteria. 2.9 A debt reserve fund may be required and each jurisdiction's proceeds from the bond sale will be reduced by its proportionate share of the reserve fund. In the event of early payment by a borrower(if approved by.the Commission), debt reserve fund amounts may not be released if deemed not advisable by the Commission after consultation with its financial advisors, municipal bond insurers(if insurance is obtained), the rating agencies, and bond counsel. 2.10 Jurisdictions shall be required to enter into one or more agreements including a loan agreement with the Commission upon such terms and conditions required by the Commission. Section 3. General Provisions 3.1 Though it is not the desire of the Commission to be involved in the administration of the project, review by the Commission's bond counsel will be necessary to ensure that any project will not jeopardize the tax exempt status of the bonds issued.. This review will be ongoing in the event jurisdictions later substitute other projects. Agency agreements may be executed with each jurisdiction that will clearly define roles and responsibilities. 3.2 An application fee for RCTC administrative costs may be charged to all jurisdictions desiring to participate in the issue. Ongoing administrative costs will be periodically billed to all participants. All costs of issuance including but not limited to accounting, financial, legal, and bank fees, will be proportionately shared among the participants(i.e., approved applicants) and shall be at no cost to RCTC. Any jurisdiction, which subsequent to application approval elects not to participate will be fully responsible for their proportionate share of costs incurred to the point of withdrawal. 3.3 Incremental costs incurred as a result of an action or lack thereof by any jurisdiction will be charged to that jurisdiction and not be borne by the pool. 3.4 Market timing, structure of the issue, selection of trustee, bond counsel, underwriters, and financial advisors will be at the sole discretion of the Commission. 3.5 Proceeds from bond sales will be held by a trustee. The Commission will process all requests for release of funds and forward to the trustee on behalf of the jurisdiction. 3.6 Federal tax law generally requires that the pool participants be identified at the time of issuance of the bonds. The pool participants must be available to work with bond counsel with regard to the legal considerations, including the federal tax law requirements. Tax law requirements will continue after the loans are made and the pool participants will have on~oin~ compliance responsibilities in connection with which tax covenants and certificates will be obtained from each participant. Coordination of each participant's needs and timin~ of those needs will be essential in order to determine the availability of exceptions to the arbitrage rebate requirement. 3.7 The Commission reserves the right to approve exceptions to these policy guidelines on a case by case basis, to discontinue the program at any time, or to add or revise conditions or requirements. ITEM 6 FINANCE DIRECTOh CITY MANAGER ~.~r~. II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 Property Acquisition - Realignment of Diaz Road at Rancho California Road RECOMMENDATION: That the City Council: . Authorize the purchase of property located on the north side of Rancho California Road between Business Park Drive and Diaz Road for the proposed realignment of Diaz Road to Vincent Moraga Drive and approve the "Purchase and Sale Agreement and Escrow Instructions" in substantially the form of Attachment I and authorize the Mayor to execute the Agreement on behalf of the City. . Authorize the transfer of $495,000.00 from Diaz Road Realignment Capital Improvement Program (CIP) Budget Construction Account No. 210-165-632-5804 to Land Acquisition Account No. 210-165-632-5700. . Appropriate $650,000 from the Capital Projects Reserve to the CIP Budget for Diaz Road Land Acquisition Account No. 210-165-632-5700. BACKGROUND: The proposed realignment of Diaz Road north of Rancho California Road is a Priority I project in the Fiscal Year 1997-98 Capital Improvement Program. The proposal is to eliminate the existing "T" intersection at Rancho California Road and realign Diaz Road through horizontal curves to coincide with the Vincent Moraga Drive intersection at Rancho California Road. The project as presently proposed to be designed and constructed would require acquisition of approximately 77,101 square feet of a larger parcel located on the north side of Rancho California Road between Business Park Drive and Diaz Road. This parcel is approximately 6.22 acres (270,943 square feet) and the property has been offered for sale on the open market at $1,219,244. Staff has negotiated a purchase price of $1,056,000.00 for the property. After construction of the proposed right-of-way, the remainders created by the proposed realignment would result in at least one (1) usable parcel of significant size which could be sold or used for other purposes. The proposed realignment of Diaz Road will form a full intersection at Vincent Moraga Drive which will be signalized at the time of construction. The existing signalized "T" intersection of r:\bradley\agenda\diazprop. acq Diaz Road' with Rancho California Road will be eliminated and the abandoned portion of existing Diaz Road will be vacated, retaining the easements for the various utility companies having existing facilities in the right-of-way. It is the intent to eliminate the existing signal at Rancho California Road and Diaz Road. The parcel on the south side of Rancho California Road will have continued un-signalized access to Rancho California Road and fully signalized access at Vincent Moraga Drive by accessing the southerly driveway at Felix Valdez Road. This will be discussed with the property owners of subject parcel. FISCAL IMPACT: The estimated cost of the 6.22 acre parcel is $1,056,000.00. In the current FY1997-98 CIP budget, $500,000.00 was approved and an additional $650,000.00 must be appropriated from Capital Projects Reserve to cover the cost of the purchase and the associated closing costs for this acquisition. r:\bradley\agenda\diazprop. acq tRJRCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of ,1997 by and between KI/FKLA Rancho Realty, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On December 10, 1997 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B. Buyer intends to use the Property for public purposes. C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW TI-IEREFORE, in consideration of the foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. l~urchas¢ and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase Price. The total purchase price for the Property to be paid by Buyer is the sum of One Million Fifty-six Thousand Six Hundred Seventy-seven Dollars ($1,056,677.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title In~lrance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of- way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds dq~osited therein shall be r~funded to Buyer (less Buycr's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and n~.~ive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Dc. cd duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. AuthoriTation to Record Document~ and Disburse l~11IIdi. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. Co) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 11; and Seller shall have deposited in Escrow the Grant Deed required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 6. Escrow. The parties hereby establish an escrow (WEscrow") to accomodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring thirty (30) days after the date of p:\agreemen\diazrd.pur -- 2 -- this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. Hcense to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Sellefts heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyefts inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyefts right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representations of ~e!!er. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or to,de substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of p:\agreemen\diazrd.pur -- 3 -- the Property, caused by or rc~ulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any fight of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FULL PAYMENT OF ALL OBLIGATIONS OF CIT~. Itis~ and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, preeondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. p:\agreemen\diazrd.pur -- 4 - 11. Buyer's Contln_~encies. For the benefit of Buyer, the Closing of F. acrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) That as of the Close of Escrow the repres~tations and warranties of Seller contained in this Agreement are all true and correct. (b) The delivery of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 12. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 13. DelaY. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: City Manager p:\agreemen\diazrd.pur -- 5 -- COPY TO: Richards, Watson & Oershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: KI/FKLA Rancho Realty, LLC c/o ZKS Real Estate Partners, LLC P.O. Box 1459 Lafayette, CA 94549 Attn: Wanda J. Chihak ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 15. Broker's Commi~iom. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16. Further Inqruction~. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendmenta. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18. Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire A?eem~nt. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and A~ni_,m. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. p:\agreemen\diazrd.pur -- 6 - (d) Time of ~nee. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the spedtic provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (f) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, parmership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (g) City Manager Authority. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessa~ or convenient to implement the terms of this Agreement. 19. Attorne_vs' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 20. A88iglllae~. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15 hereof. ///// Ifil/ p:\agreemen\diazrd.pur -- 7 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER BUYER CITY OF TEMECULA, a municipal corporation: Ronald Roberts, Mayor ATTEST: By. June S. Greek, City Clerk APPROVED AS TO FORM: By. Peter M. Thorson City Attorney p:\agreemen\diazrd.pur -- 8 -- Legal Description of the Property Situated in the State of California, County of Riverside, City of Temecula, described as Parcels 1 and 2, as shown by Parcel Map 19580, on file in Book 154, Pages 92 through 96 of Parcel Maps, Records of Riverside County, California. ITEM 7 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINA~:j~,C,E.__ CITY MANAGER ~/~ CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager December 9, 1997 Western Riverside Council of Governments (WRCOG) and San Bernardino County Associated Governments (SANBAG) Task Force Recommendation on Electric Utility Restructuring PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council adopt the resolution entitled: RESOLUTION NO. 97- -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING PARTICIPATION IN WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND SAN BERNARDINO ASSOCIATION OF GOVERNMENTS REGIONAL POWER PURCHASING POOL AGGREGATION BACKGROUND: In 1996 and 1997, the California Public Utilities Commission (CPUC) and the State Legislature acted to restructure the electric utility industry in the State of California. Starting on January 1, 1998, all customers of the existing investor owned utilities are eligible to contract directly with the power supplier of their choice to obtain energy. Transmission and distribution services will remain with the current investor owned utility, Southern California Edison. In order to facilitate the participation of local governments in the new restructured market, WRCOG and SANBAG launched a Task Force to review the options available to municipal agencies and special districts. The Task Force reviewed the available options and produced a report entitled "Options for the Future" which details the opportunities available beginning on January 1, 1998. A copy of the Executive Summary is provided as Attachment B. Based on this report, the Task Force recommends the formation of a multi-agency power pool to purchase electricity on behalf of municipal and public agencies. The Task Force determined that there is an opportunity for savings based on the experience of other public agencies that have and are creating power pools. The premise for organizing a multi-agency power pool is based on gaining buying power through a large aggregation of diverse agencies. The creation of the power pool is based on the premise that in order to gain buying power and leverage, a large and diverse aggregation of energy users will command the lowest energy prices in the new electric utility marketplace. The Task Force has estimated that in order to take the recommendation to the next level, a budget of 8150,000 is required. This amount will pay for the formation of a legal entity to manage and administer the power pool; compile and analyze participants electric accounts; issue and review Request for Proposals for energy providers; and enter into a final contractual agreement. Cost allocations for participating cities are based on total estimated annual electric expenditures for all potential participants. The City of Temecula's share of costs would be 83,700, based on annual electric expenditures of approximately 8667,000 (see Attachment C - Cost Allocation Chart). If excess revenues are received because the participation exceeds the initial estimates, all contributing agencies will receive a proportionate refund. Furthermore, assuming a successful bid, the first savings would be allocated back to agencies participating in the startup effort and bid savings. WRCOG/SANBAG estimates that the total savings in the first year of the electric power pool program will be approximately four to five percent less than what the City of Temecula would otherwise pay Southern California Edison for the same service. This estimate is based on the savings that other municipal electric aggregations are achieving through their RFP process, and signed contracts. Both the WRCOG and SANBAG executive boards voted to adopt the Task Force recommendation to form a multi agency power pool on October 6, and October 1, 1997, respectively, and recommended moving forward aggressively. As a participant in the power pool the City of Temecula will have a representative on the Task Force to make decisions on how to structure the governing board, and the power pool and have access to the expertise of WRCOG/SANBAG's consultants and restructuring staff. A decision to participate in this phase of the aggregation effort does NOT mandate actual commitment in the aggregation bid. This would be a separate decision several months away. It is anticipated that an agency would be required to commit to participation if a pre-specified cost savings is achieved through a formal bid process. In other words, prior to committing, an agency would know what its minimum savings would be if the bids are successful. If the bids are unsuccessful, there would be no commitment. It is anticipated that it will take eight to nine months to the "bid opening" threshold once funds for the effort are secured. Participants in the program will be required by state regulation to install meters capable of hourly reads on all accounts greater than the 20kW or 50kW maximum demand. This issue is currently before the CPUC for determination whether the break off point is 20kW or 50kW. WRCOG/SANBAG will facilitate the purchase and installation of these meters. Current estimated cost of the meters ranges from 8400 to 82,000 per meter. It may be possible to reduce these costs through mass purchasing; and for the WRCOG/SANBAG Joint Powers Authority to amortize these costs over a multi-year period. FISCAL IMPACT: The financial impact to the City of Temecula of this item is $3,700, which is Temecula's share of the total 8150,000 cost. Funding is available in the City Manager's Other Outside Services Budget line item. The potential savings for Temecula is from 826,680 to $33,350 for the first year. Attachments: A. Resolution No. 97- -- B. Electric Utility Restructuring Executive Summary C. Cost Allocation Chart RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING PARTICIPATION IN WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND SAN BERNARDINO ASSOCIATION OF GOVERNMENTS REGIONAL POWER PURCHASING POOL AGGREGATION WHEREAS, the State of California Legislature adopted and the Governor signed AB 1890 in 1996 which authorized the restructuring and deregulation of the electric industry in California; and, WHEREAS, the primary objective ofAB 1890 was ultimately to reduce the cost of electricity to the consumer; and, WHEREAS, the means to accomplish this cost reduction was to deregulate the generation of electric power and authorize the consumers to purchase power through direct access to power generators; and, WHEREAS, said legislation authorizes local governments to join together and aggregate their electric loads to form power pools which will enable them to shop more competitively for power generation in the open market; and, WHEREAS, the Western Riverside Council of Governments (WRCOG) and San Bernardino Association of Governments (SANBAG) have joined together to evaluate and consider formation of an aggregation of government agencies for acquisition of electric power generation; and, WHEREAS, WRCOG and SANBAG have prepared and adopted a white paper which formally recommends formation of a power pool aggregation, establishes a schedule and budget for the defined work tasks, and extends an invitation to governmental agencies within the organizational boundaries to participate; and, WHEREAS, the cost to complete the tasks necessary to accomplish the aggregation is $150,000 and a tiered cost sharing formula has been developed to distribute the cost among participating agencies; and, WHEREAS, those agencies choosing to participate in funding the required tasks will receive their initial investment back from the first savings achieved under the program. NOW, THEREFORE, BE IT RESOLVED that the City of Temecula, by formal action of the Temecula City Council, has determined that it is in the City's best long term financial interest to . Approve participation in the WRCOG/SANBAG aggregation to create a regional power acquisition pool; and, 2. Authorize contributing $3,700 as the agency' s fair share of the cost of the required study. PASSED, APPROVED, AND ADOPTED by the City Council of the City o£ Temecula this 9th day o£December, 1997. Ronald H. Roberts, Mayor ATTEST: June S. Greek, City Clerk ELECTRIC UTILITY RESTRUCTURING Options For The Future EXECUTIVE SUMMARY INTRODUCTION The purpose and intent of this summary is to provide a brief overview, options, and recommendations for how the municipalities and local governments can effectively position themselves to take advantage of the opportunities available in the restructuring of the electric utility industry. The restructure of the electric utility industry is a complex subject. It has been the subject of countless hours of study, analysis, and actions by the Federal, State and local governments. AB 1890 was enacted by the State Legislature to authorize restructuring of the electric industry in California. Efforts are continuing today by the California Public Utilities Commission and the investor owned utilities to iron out the final details of all the implementing steps and actions. The purpose of this summary is to focus on those factors that will influence whether municipalities and local agencies will elect to take action in the immediate future to pursue electric restructuring opportunities. The material and recommendations presented herein has been prepared under the direction and guidance of a joint WRCOG/SANBAG Electric Restructuring Task Force made up of elected representatives, city managers and high level management staff from several agencies. BACKGROUND · January 1, 1998 begins the four year transition period legislated by AB 1890 by which the electric utility industry will begin moving from a vertically integrated market strumre to a more competitive market strumre. The vertically integrated electfie utility that currently provides generation, transmission, and distribution services will no longer have the monopolistic advantage of providing all three services. The transmission and distribution services will remain with the Investor Owned Utility (IOU), while the generation (energy) portion of the industry will be opened to the competitive market place. Small commercial and residential customers will receive a 10% reduction in their electric bills on January 1, 1998. Rates for industrial, agricultural, and large commercial customers will remain frozen at their June, 1996 levels until the IOU's recover their stranded investments.a These are targeted to be recovered by December 31, 2001. During this four year transition period a significant portion of the electricity bills will be used to pay the accelerated depreciation of the IOU's generation assets that are not competitive in the new ~Stranded investment - uneconomic generation costs which have not undergone market valuation, employee costs and above-market energy contract costs. industry structure. This will be in the form of a Competition Transition Charge (CTC). The CTC will be approximately 25% to 40% of the total electric bill during the transition period and should drop to less than 10% early in the year 2002. The transmission and distribution portion of the electric bill will remain regulated by the Federal Energy Regulatory Commission (FERC) and the California Public Utilities Commission (CPUC). The transmission and distribution portion of the bill represents approximately 30% to 35% of the total bill. The opportunity for savings is only in the energy (generation), billing, and metering portions of the electric bill. Billing and metering are a very small amount in the overall bill, but can represent an area for potential savings. The energy (generation) portion currently represents 25% to 30% of the total electric bill and is the area in which savings can be gained by aggregating loads. OPTIONS There are several options available to municipalities and local agencies in considering a response to electric restructuring. While there are numerous opportunities for potential action and many of these are interactive, there are three distinct options that are discussed here. Do Nothing The first option is to "do nothing" which means that one chooses to stay with the current energy provider Southern California Edison (SCE). However, this option should only be considered after one has very dearly reviewed and studied the other options and makes an informed choice to stay with SCE. The downside of this option is that there is no opportunity for savings through"doing nothing". Aggregation The second option is to form a power pool through aggregating. Aggregation is defined as "any marketer, broker, public agency, city, county, or special district that combines the loads of multiple end use customers in facilitating the sale and purchase of electric energy, and other services on behalf of these customers". Aggregations can take many different forms: Aggregating only municipal loads Aggregating large loads (20 kW and larger) Aggregating all loads including residential Aggregating multiple organizations or joining an existing aggregation The premise behind aggregation is to increase the buying power and leverage in negotiating energy costs, transmission access, metering, billing, and energy services to reduce the cost of electricity for the end user. Aggregation can increase the buying power of the end users by taking advantage of differing lead profiles to build a flatter profile, which hem the experience of other aggregations, commands the best energy prices. Metering, billing and energy services costs can also be reduced through the economies of scale provided by aggregation. Aggregations can be a city, county, or special district aggregating their own loads, or multiple agencies such as the Association of Bay Area Oovernments (ABAO) power pool. The San Diego Association of Governments (SANDAG) is another example of several local agencies choosing to work together on an aggregation program to maximize their purchasing power. Municipal Utility The last and most expensive option is creating a municipal utility. A major difference between a municipal utility and an aggregation is the municipal utility has a defined territory whereas an aggregation does not. Additionally, municipal utilities own their own distribution systems and aggregations depend on the Utility Distribution Company to provide distribution services. Forming a municipal utility would require significant up front investment to acquire the existing electric distribution system from SCE at fair market value. It would also require obtaining a qualified staff and, the necessary equipment to operate as a utility and provide customer service including connections, disconnections, meteting, and billing. CONCLUSION Aggregation is clearly the most cost effective choice for municipalities and local agencies to take advantage of the opportunities in the electricity utility restructure. The reasons aggregation is the most viable option are: Most cost effective way to gain savings because of the minimal _up front costs and ability to gain savings on the energy (generation) portion of the bill. Flexible approaches to achieving varied goals through choosing options of full service providers, bidding individual components, varied portfolio strategies, and purchasing from specific types of energy providers such as renewable power. Can determine the level of risk desired through the power portfolio, structure of organization, and type of energy provider. Experience from other aggregations suggests that there is a 5% savings to be gained from aggregating. The most viable and desirable option for municipalities and local agencies to take is to join and support the WRCOG/SANBAG effort in forming a power pool, both from the point of view of initial and on-going costs, as well as in providing the size and diversity of loads needed to leverage the least cost energy prices in the marketplace. Sharing of costs with other municipalities and local agencies, possibly including both counties, cities, special districts, water districts, school districts, and military installations would lessen up front individual costs to establish a power pool; hire technical consultants; produce, distribute, and analyze a request for proposals; staff coordination; and legal counsel for setting up the legal aggregation structure SCHEDULE There are a number of steps and actions that must be taken to establish a power pool aggregation. These include: Forming and establishing the appropriate legal entity for administration and decision making to administer a regional power pool and inviting municipalities and local agencies to participate. Collecting the data required to enable a complete and accurate request for proposals to be prepared. Preparing and distributing a Request for Proposals to energy providers and selecting the preferred energy provider(s). Entering into a contract with the energy provider and finalizing participation agreements with the participating members. It is projected that this process will take approximately nine (9) months to complete. This assumes a decision point at the end of the organizational/data collection phase, prior to preparing and issuing the request for proposals for energy generation and related services. It also assumes that all activities proceed in a timely manner. BUDGET The overall budget for the project is $150,000. A tiered cost sharing formula has been recommended to equitably distribute this cost across the project participants based on the amount of money currently being spent on electricity and assuming a 65% participation rate. It is anticipated that all participants will receive their initial investment back within one to two months after implementation of a contract with an energy provider. This is based on the estimated savings that such a contract will achieve. RECOMMENDATIONS The following recommendations are included: Aggregate the municipal and local government loads in Western Riverside and San Bernardino Counties. Form a legal entity for administration and decision-making to administer a regional power pool. El Adopt the schedule and recommended budget for implementation of the project. Establish and implement the recommended cost sharing structure. Invite interested public agencies to participate. Cost Allocation Chart Inland Empire Power Pool The cost sharing formula is based on the annual electric expenditures of each organization interested in participating in the power pool. It is based on a 65% participation rate of those 80 agencies originally expressing an interest in forming a power pool. Any money collected in excess of the project needs will be returned to those contributing in proportion to their original contribution. Annual Electricity Expenditures Share of Cost $0 - $99,999 $555 $100,000 - $249,999 $250,000 - $499,999 $925 $1,850 $500,000 - $999,999 $3,700 $1,000,000 - $2,499,999 $2,500,000 - $4,999,999 $8,325 $12,950 $5,000,000 - $9,999,999 Over $1 O, 000,000 $17,525 $26,825 Cost Allocation Chart ITEM 8 CITY ATTORNEY FINANCE DIRECTOI~.~ c, 'Y TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager  Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 Traffic Controllers for Rancho California Road at 1-15 Interchange and Hwy. 79 South at 1-15 Interchange RECOMMENDATION: That the City Council: o Direct staff to contact Caltrans to request the necessary permits to utilize traffic controllers (personnel) during construction at these two locations. . To negotiate with a firm acceptable to the City and Caltrans the terms and conditions of contract for such services. BACKGROUND: Several years ago, City has utilized the personnel for manual traffic control with a great deal of success for orderly movement of traffic at the Rancho California Road Interchange. With both of the above interchanges under construction simultaneously, it is anticipated that current traffic volumes at these locations, especially during peak hours would operate much more efficiently by utilizing trained personnel rather than traffic signals alone to most efficiently move the traffic. It is anticipated that with this construction going on simultaneously at both locations, some of the traffic normally utilizing these interchanges will elect to use the newly constructed interchange at Winchester Road. Our past efforts to obtain permits for this purpose have not been successful. However, it is staff's opinion that we re-emphasize this need to Caltrans and pursue the permit. It is the intent of staff to meet with Caltrans, and after receiving the conditions for such permit, negotiate with firms acceptable to the City and Caltrans for these contract services. FISCAL IMPACT: Depending on conditions of permit. Estimated at this time of approximately $80,000 for Rancho California Road/I-15 Interchange and $50,000 for Hwy. 79 South/I-15 Interchange. r:\agdrpt\97\1 209\traffic.con ITEM 9 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager FINANCE DIRECTO'I~~_____ CITY MANAGER Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 Accept Infrastructure Improvements in Paloma Del Sol relating to Tracts No. 24131-1 and 24131-3 .(Southwesterly of intersection of Pauba Road at Meadows Parkway) PREPARED BY:/~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the infrastructure improvements in Paloma Del Sol relating to Tracts No 24131-1 and 24131-3, AUTHORIZE reduction in Infrastructure Faithful Performance securities for street, drainage, and water and sewer improvements to warranty level, and initiation of the one-year warranty period, and DIRECT the City Clerk to so notify the Developer and Surety. BACKGROUND: On May 14, 1991, the City Council approved Tract Map No. 24131-1, and entered into subdivision agreements with: Bedford Development Company (c/o Mesa Homes) and on November 28, 1995, the City Council approved Tract Map No. 24131-3, and entered into subdivision agreements with: KRDC, Inc. (Kemper Real Estate Development Company, Inc) for the improvement of streets and drainage, installation of sewer and water, and subdivision monumentation. The securities submitted included both "in-tract" public improvements and "infrastructure" improvements which extended essential sewer and water systems and portions of the circulation street system to provide access to these tracts and portions of neighboring developments within the Paloma Del Sol development. The securities submitted were Letters of Credit posted by Butterfield Financial Corporation as follows for Tract No. 24131-1 and surety bonds for Tract No. 24131-3 posted by Aetna Casualty and Surety Co: R:\AGDRPT\97\ 1209\TR24131N.FRA INFRASTRUCTURE IMPROVEMENTS-TRACT NO. 24131-1 . Letter of Credit in the amount of $863,000 ( $632,500, and $230,500 for infrastructure streets and drainage, and water system, respectively) for faithful performance· . Letter of Credit in the amount of $432,000 ( $316,500, and $115,500 for infrastructure streets and drainage, and water system, respectively) for labor and materials, IN-TRACT IMPROVEMENTS-TRACT NO. 24131-1 I · Letter of Credit in the amount of $1,378,500 ($1,025,000, $171,500, and $182,000 for in-tract streets and drainage, and water, and sewer systems, respectively) for faithful performance. 1 Letter of Credit in the amount of $689,500 ($ 512,500, $86,000, and $91,000 for in- tract streets and drainage, and water, and sewer systems, respectively) for labor and materials. 3. Letter of Credit in the amount of $36,000 to cover subdivision monumentation. On August 12, 1997, the City Council accepted the in-tract public improvements for Tract No. 24131-1, initiated the one-year warranty period, and authorized reduction in the Faithful Performance Letter of Credit to the ten-percent (10%) warranty amount as follows: Streets and Drainage, Water and Sewer Improvements Warranty. 37,850 INFRASTRUCTURE IMPROVEMENTS-TRACT NO. 24131-3 · Bond No. 100869980-95-098 in the amount of $596,000 ($401,500, $142,000, and $52,500 for street, and sewer and water systems, respectively) for faithful performance. m Bond No. 100869980-95-098 in the amount of $298,500 ($201,000, $71,000, and $26,500 for street, and water and sewer systems, respectively) for labor and materials. IN-TRACT IMPROVEMENTS-TRACT NO. 24131-3 · Bond No. 100869980-05-061 in the amount of $649,000 ($389,000, $66,000, and $128,500 for streets, and water and sewer systems, respectively) for faithful performance. . Bond No. 100869980-05-061 in the amount of $325,000 ( $194,500, $66,000, and $64,500 for streets, and water and sewer systems, respectively) for labor and materials. 3. Bond No. 100869980-95-060 in the amount of $22,000 for subdivision monumentation. ZKS Real Estate Partners, LLC, and KRDC, Inc., as successors-in-interest to Bedford Development, seek acceptance of the infrastructure improvements, initiation of the one-year warranty period, and reduction in Infrastructure Faithful Performance Letter of Credit and Surety bond security amounts to the ten-percent (10%) warranty level as follows: R:\AGDRPT\97\ 1209\TR24131N.FRA Letter of Credit for Infrastructure Streets, Drainage, and Water Improvements Warranty in Tract No. 24131-1. $86,300 Bond No. 100869980-95-098 for Infrastructure Streets, and Water and Sewer improvements warranty in Tract No. 24131-3 $59,600 The Rancho California and Eastern Municipal Water Districts have accepted their items of work. Public Works Staff has inspected and verified the infrastructure public improvements. Therefore Public Works Staff recommends acceptance of the infrastructure public streets, drainage, and water system improvements, initiation of the one-year warranty period, and reduction in Infrastructure Faithful Performance security to the ten-percent (!0%) warranty level noted above. The Infrastructure Labor and Materials securities will be maintained for the contractual six- month lien period which follows City Council acceptance of the improvements. The affected interior streets in Tract No. 24131-1 were accepted into the City Maintained- Street System by City Council Resolution No. 97-90. The in-tract public improvements in Tract No. 24131-3 have not been completed and will be recommended for acceptance by the City Council when appropriate. The interior streets will then be recommended for inclusion in the City Maintained-Street System. The exterior streets which were constructed in part or entirety as infrastructure improvements are portions of Montelegro Way, westerly half of Meadows Parkway, and Leena Way. These streets will be accepted into the City Maintained-Street System at a later date. FISCAL IMPACT: None Attachments: Location Map R:\AG DRPT\97\ 1209\TR24131N.FRA ~ BROJ£C T VICINITY MAP SITES T.T. 24134 --~ 311 D.U. · · T. 24133 693 D,U. ,T. 24135 325 D.U. T.T. 24132 214 D.U. ¥, '! ~.T. 24131~ {BondedArea Improvements T. 24136 400 D.U. ...-~=,, · n NOTE: MAPS NOT TO SCALE ITEM 10 CITY OF TEMECULA AGENDA REPORT CITY ATTORNEY ~ DIRECTOR OF FINA~.C,E_,~ CITY MANAGER ~ (,~ ,, TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 SUBJECT: Proposed "All-Way Stop" Ynez Road at La Paz Street RECOMMENDATION: That the City Council: . Approve the recommendations of the Public/Traffic Safety Commission as follows: a. Install "Stop" signs on northbound and southbound Ynez Road at La Paz Street to provide for a three-way "Stop". b. Install "Stop Ahead" and temporary flashing lights to warn motorists of "Stop Ahead". C, Add a dedicated lane southbound on Ynez Road for the right-turn movement onto La Paz Street. The length of turning lane to be determined by traffic counts. , d. Install permanent flashing lights on northbound and southbound Ynez Road to warn motorists of the "Stop" sign ahead. e. Add more speed limit signs along this corridor. Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A 'STOP" LOCATION ON YNEZ ROAD AT LA PAZ STREET , Appropriate $37,250.00 from the General Fund Reserves to the Public Works Maintenance Division, Routine Street Maintenance Account. BACKGROUND: At the November 18, 1997 City Council meeting, residents of Los Ranchitos expressed their concern over the intersection of Ynez Road and La Paz Street. This intersection has been the R:\agdrpt\97\1209~stopgign.$pc/ajp site of two recent traffic collisions resulting in one fatality. The residents recommended the installation of an "All-Way Stop" to the City Council. Council, in turn, directed staff to research the issue and present it to the Public/Traffic Safety Commission for recommended action. A special meetin9 of the Public/Traffic Safety Commission was held on November 20, 1997, At that meeting several residents of the Los Ranchitos area continued to express their concern about the severity of heavy traffic during peak hours, ultimately the safety of motorists who are not familiar with the intersection at Ynez Road and La Paz Street. Staff reviewed traffic conditions at this intersection and evaluated the warrants, presented the results of this analysis to the Public/Traffic Safety Commission (Attachment B). During commission discussion, recommendations were made to make the intersection a 3-way stop and to add a dedicated right turn lane to allow stacking for vehicles traveling southbound on Ynez Road making a right turn onto La Paz Street. The additional lane will allow motorists traveling southbound to safely transition into a designated right-turn lane with minimal impact to traffic continuing southbound on Ynez Road. The stop signs at this intersection could help reduce the high speeds that are being traveled by motorists along this corridor. With the installation of a three-way stop at this intersection, additional signage is recommended in order to provide a safe transition. Permanently installed flashing lights on both northbound and southbound Ynez Road will provide motorists with adequate warning of the approaching 3-way stop so that drivers can gradually slow down to a complete stop. It was further recommended that the "Stop" signs be installed as soon as possible, with the temporary flashing warning signs, the necessary striping and stenciling. This will be completed immediately, if the weather permits stenciling. The balance of the work will proceed as quickly as possible. Traffic counts for turning movements have to be made to determine the length of the required turning lane. In addition, design for the lane and permanent warning signals will be required. Finally, the proposals must be received prior to award of contract. FISCAL IMPACT: Funds in an estimated amount of $37,250.00 will be required to complete the improvements. An appropriation of $37,250 from the General Fund Reserves to the Public Works Street Maintenance, Routine Street Maintenance Account No. 001-164-601-5402 Attachments: A. Resolution No. 97- B. Traffic Safety Commission Staff Report dated November 20, 1997 R:\agdrpt\97\1209\stopsign.spc/ajp RESOLUTION NO. 97- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "STOP" LOCATION ON YNEZ ROAD AT LA PAZ STREET The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. The City Council has considered the facts justifying the need for the stop signs proposed for the location described in this resolution. The Council hereby finds and determines that installation of the stop signs pursuant to this resolution will enhance the public health, safety and general welfare at this location and the proposed stop signs will not create any adverse conditions in the area. Section 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following "STOP" sign location is hereby established in the City of Temecula. Northbound and Southbound Ynez Road at La Paz Street Section 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of December, 1997. Ronald H. Roberts, Mayor ATTEST: June S. Greek, CMC/AAE, City Clerk R:\agdrpt\97\1209~stopsign.spc/ajp [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of December, 1997 by the following roll call vote: AYES: 0 COUNCILMEMBERS: NOES' 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS' June S. Greek, CMC/AAE, City Clerk R:\agdrpt\97\1209\stopsign.spc/ajp AGENDA REPORT TO: FROM: DATE: SUBJECT: Public/Traffic Safety Commission Ali Moghadam, Associate Engineer November 20, 1997 Item 1 Request for "All-Way Stop" - Ynez Road at La Paz Street RECOMMENDATION: That the Public/Traffic Safety Commission review a request to establish an "All-Way Stop" at the intersection of Ynez Road and La Paz Street and make a recommendation to the City Council. BACKGROUND: At the November 18, 1997 City Council meeting, several residents of the area expressed concern over the safety of motorists and requested that an "AII-Way Stop" be established at the intersection of Ynez Road and La Paz Street. This request was due to the two (2) recent traffic collisions which resulted in one (1) fatality. At the City Council meeting some Councilmembers were in favor of stop sign installation; however, they directed the staff to present this item to the Public/Traffic Safety Commission for review and recommendation at a special meeting prior to the next Council meeting on November 25, 1997. Ynez Road and La Paz Street form a "T" intersection. Based on Caltrans Design Manual and a 45 MPH posted speed limit, 360 feet of stopping distance is required. The sight distance is measured from a drivers eye height of 3.5 feet to an object six (6) inches high on the roadway. The sight distance was measured 620 feet to the north/west and 920 feet to the south/east. Therefore, the stopping sight distance is more than required at this intersection. Staff also conducted a warrant analysis for installation of an "All-Way Stop" at this location and the following is the summary of this study. Caltrans Traffic Manual has established four (4) criteria for evaluation of "All-Way Stop" signs. These criteria are as follows: Where traffic signals are warranted and urgently needed, the multi-way stop may be an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installations. . An accident problem, as indicated by five (5) or mor reported accidents within a twelve (12) month period of a type susceptible to correction by a multi-way stop installation. Such accidents include right and left-turn collisions as well as right-angle collisions. r: \trnffic\commissn\agenda\97\ 1120\ynezlapaz. agn/ajp 3. Minimum Traffic Volumes a. The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any eight (8) hours of an average day, and bo The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight (8) hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but c. When the 85-percentlie approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. 4. School area traffic control recommendations/warrants. Staff has evaluated this location and found the results listed below: 1. A traffic signal warrant analysis could not be completed at this time because additional data is needed. This analysis was directed by the City Council and is underway. . There have been two (2) reported accidents at this intersection within the last twelve (12) months one (1) resulting in a falality. Both collisions were caused by vehicles turning left in front of a southbound Ynez Road approaching vehicle (Exhibit "B"). 3. a. The total vehicular volume entering this intersection during the busiest eight (8) hours averages 757 as compared to 350 (500 X 70%) needed to meet this portion of the warrant (Exhibit "C"). b. The combination of vehicular and pedestrian volumes from the minor street averages 176 during the same eight (8) hours as above. This compares to the 140 (200 X 70%) threshold. However, the average delay to minor street is less than 30 seconds per vehicle during the maximum hour as required by the Traffic Manual. The average delay to the minor street was measured to be eleven (11) seconds during the busiest hour. 4. No school children were observed crossing at this intersection. Consequenfiy, according to Caltrans Traffic Manual requirements this intersection does meet two (2) of the four (4) required warrants for installation of an "All-Way Stop". Based on staff's review of this situation some additional improvements at this intersection could decrease the potential for the type of collisions which have recently occurred. Construction of an exclusive right-turn lane on Ynez Road at La Paz Street to separate the right turning vehicles from the through traffic would be one alternative. This will assist the drivers on La Paz Street who are waiting to make a turn to determine if the approaching vehicle will be in conflict with their mm into Ynez Road (only through traffic will be in contie0. Also, providing some lighting source in this vicinity could improve the safety at this intersection. In addition, installation of "Intersection Ahead" sign, reduced speed signs and intermittent additional enforcement could be considered to prevent or reduce the number of accidents at this intersection. It should also be noted that due to the crest of a vertical curve on Ynez Road north/west of La Paz Street, approaching southbound vehicles may not be able to see the vehicles backed up at the proposed stop sign in time to stop. This situation may result in rear-end type accidents at this location. In order to minimize the re-occurrence of accidents similar to the two (2) most recent, installation of "Stop" sings could be of some benefit. r: \traffi¢\¢ommim~n\ag end a\97\ 1120\ynczlapaz. agn/ajp FISCAL IMPACT.' $250.00 for installation of two (2) additional "Stop" signs 1. Exhibit "A" - Location Map 2. Exhibit "B" - Collision Diagram 3. Exhibit "C" - Warrant Studies & Traffic Volumes 4. Exhibit "D" - Sight Distance Diagram 5. Exhibit "E" - Speed Data 6. Exhibit "F" - An article on this issue from the Press Enterprise r: \traffic\commi~n\agenda\97\ 1120\ynezlapaz. agn/ajp EXHIBIT "A"~ ~ .... _.r~ ', ~.7/'L~I~'~.~"~ ~ LOCATION MAP _ .~~~ / LOLffA ~NN cotnt~ EXHIBIT "B" IIII Collision Diagram HortlYSouth Street: YNEZ ROAD From: ~ To: II E~We~ Street: LA PAZ STREET Date Prepared: 1!/lOl97 all I I I II ou..l, I~4' ~/o -': ~ FAZ. ~o/ct7 !~ r~ro~r ~or ,~,v~'~ II I IIII I Number of Collisions Leoend L Right Turn ~' ~ Moving Vehicle ~ Fixed Object O_ Property Damage Only ~ Stopped Vehicle C Lelt Turn _ Injury Collisione ~ Backing Vehicle ~ $1de~-wipe (~) Bicycle ~ FatalColllsione ~ RanOffRoad ~ ~, DUI ~ Total Collisions .~ ..... Movement ~:~ Day O Injury Unknown ~ Night O Falal III I E XHIB IT "C" WARRANT ANALYSIS TRAFFIC VOLUME APPROACHING TRAFFIC VOLUMES FOR THE INTERSECTION OF: Ynez Road and La Paz Street Hours Westbound Eastbound Northbound Southbound Total 7:00 A.M. - 170 249 89 508 8:00 A.M. - 157 253 122 532 9:00 A.M. - 110 182 143 435 10:00 A.M. - 93 182 166 441 11:00 A.M. - 115 164 213 492 12:oo Noon * - 124 178 234 536 I:00P.M. * - 119 196 238 553 2:00 P.M. * - 165 207 261 633 3:00 P.M. * - 193 236 338 767 4:00 P.M. * - 239 223 526 988 5:00 P.M. * - 288 218 696 1202 6:00 P.M. * - 171 198 467 836 7:00 P.M. * - 107 160 277 544 Average Average highest 8 hours 176 Highest 8 hours 757 fi'om minor All approaches: street: * Highest eight (8) hour count. r:\baha~n~moL~pw3. fnn SITE CODE : 00000000 CITY OF TEHECULA PAGE: 2 STREET : LA PAZ STREET FILE: llpaz Li#!TS : ges~ of Ynez Road COUNTER# : DATE: 11/13/97 BEGIN AJq PN N4 PN AFI PN 12:00 2 42 2 27 4 69 12:15 Z ZZ 3 77 5 17:$0 Z 79 5 29 7 58 12:45 0 6 26 124 5 15 26 109 5 21 52 233 '4 :o0 0 37 1 Z0 1 57 1:15 0 29 1 18 I 47 1:30 0 31 0 25 0 56 1:45 I I 22 119 2 4 37 100 3 5 59 219 2:00 2 30 3 25 5 55 2:15 3 35 1 28 4 63 2:30 3 51 0 41 3 92 2:45 2 10 49 165 2 6 56 150 4 16 105 315 3:00 0 40 0 48 0 88 3:15 2 38 1 41 3 79 3:30 2 54 2 27 4 81 3:45 1 5 61 193 0 3 31 147 1 8 92 340 4:00 3 56 2 38 S 94 4:15 3 54 3 41 6 95 4:30 5 70 4 50 9 120 4:45 8 19 59 239 0 9 3/, 163 8 28 93 402 S:00 13 85 3 41 16 126 5:15 13 68 1 31 14 99 5:30 19 70 7 27 26 97 5:&5 35 80 65 288 9 20 42 141 A& 100 107 429 ~-00 42 48 13 37 55 85 5 27 42 18 31 45 2'5 o:30 41 39 16 26 57 65 6:&5 40 150 42 171 37 8~ 56 150 77 234 98 321 7:00 26 36 47 61 7'5 97 7:15 49 22 28 44 77 66 7:30 49 25 37 29 86 54 7:~5 46 170 24 107 35 147 15 149 81 317 39 256 8:00 39 15 50 24 89 39 8:15 41 25 59 13 100 38 8:30 40 23 28 17 68 8:45 37 157 12 75 41 178 24 78 78 335 ~ 153 9:00 29 22 39 27 68 9:15 26 17 41 9 67 26 9:30 32 24 31 14 63 38 9:45 23 110 13 76 36 147 16 66 59 257 29 10:00 13 16 19 9 32 25 10:15 30 7 23 15 53 22 10:30 26 7 15 12 41 19 10:45 24 93 3 33 19 76 9 45 43 169 12 78 11:00 23 5 22 6 45 11 11:15 22 I 13 2 35 3 11:30 31 5 22 6 53 11 11:45 39 115 Z 13 36 93 5 19 ~S 208 ? tOTALS 916 1603 782 1317 1698 Z9ZO )AY TOTALS 2519 2099 4618 ;PLIT % 53.9 5&.9 46.1 45.1 : HOUR 7:15 § :00 7:30 6:45 7:30 4:30 ,uLUME 183 288 181 190 356 438 '.H.F. 0.9] 0.85 0.T'/ 0,,.78 0.89 0.87 CITY OF~iM~CULA/$ITg 4~ YNEZ !{D/B~T#!{i~!~ CO£ONADO'FLO£6$ DRIVI~ THURSDAY Begin A.M. .O 08/07 4 12:t5 6 12:30 3 !2:45 3 Ol:00 1 Q~:15 0 b!:30 2 01:45 1 02:00 4 02:!5 I 02:30 0 02:45 1 03:00 0 03:15 1 03:30 0 03:45 2 04:00 2 04:15 2 04:30 5 04:45 3 05:00 4 05:15 4 ~5:30 6 )5:45 30 ~ ~0 13 )6:30 35 36:45 49 )7:00 4t )7:15 60 )7:30 65 )7:45 83 ~8:00 52 :8:15 61 ~8:30 59 8:45 81 9:00 42 9:15 48 9:30 47 9:45 45 0:00 46 0:15 33 0:30 45 0:45 58 1:00 45 !:15 41 1:30 32 k45 , 2cals 1231 iv Totals ~ 58.7~ 53 45 37 16 43 ~5 5O 41 4 5O 50 55 56 6 46 56 56 60 3 64 61 56 49 12 57 45 57 5O 44 ,. 66 49 43 37' 116 69 37 46 39 249 38:" 33' 30, 17 253 19 25 18 14 I82 16 9 17 15 11 4 11 4 1864 3095 M,. .A.M. 12 8 12 I78 2 3 5 3 196 4 0 2 0 207 3 1 1 0 236 2 2 3 1 223 2 4 5 7 218 5 8 8 8 198 19 19 27 26 t60 17 ]2 20 31 99 39 35 38 36 73 34 30 39 50 50 52 45 ~, 863 4j.. 2~ :ak Hour 07.30 03.15 11.00 261 241 213 .78 .94 .80 gBND 34 15 21 43 89 122 166 4416 COUNTS UNLIMITED 909.247.6716 NORTH/SOUTH ...... >< ......Combined F,,M, A.M. ~8 60 62 15 54 234 5 44 4 59 5 74 5 61 238 5 42 4 81 3 6O 0 78 261 4 87 1 68 2 68 0 115 338 4 7 127 4 131 5 119 6 149 526 5 20 171 8 203 9 170 13 152 696 35 65 t37 21 !21 27 106 43 103 4i7 68 159 89 60 67 87 60 91 61 277 100 338. 47 84 64 81 68 90 43 222 120 375 40 77 46 86 26 83 26 138 79 325 30 76 25 80 23 84 i5 93 108 348 20 95 23 93 t3 77 7 63 112 ~77 3553 2094 7511 111 50 97 412 109 115 19 111 434 11 124 14] 124 179 574 188 187 168 206 749 216 260 220 218 914 186 164 143 172 665 126 113 99 99 437 8O 94 85 62 321 65 64 40 42 211 39 42 38 26 145 24 34 17 12 ~7 5417 Site Code · 156119 Start Date: 08/07/97 File I.D.' ?~43JU97 Paoe . 1 05'00 10'30 05:00 696 380 914 .85 ,87 ,87 EXHIBIT "D" SIGHT DISTANCE STUDY EXISTING POSTED SPEED LIMIT = 4:5 MPH REQUIRED STOPPING SIGHT DISTANCE = 360 FEET E XHIB IT "E" SPEED DATA SPEEDPLOT 2 Spot Speed Analysis Vet. 2.00A/McTRANS Ynez Road; Yorba Ave. & Flores Drive DIRECTION ($) ....... N/$ DATE ............... 11/14/1997 TIME 10' 30 POSTED SPEED LIMIT.45 MPH CUM MPH NO. PCT. PCT. <15 0 0.0 0.0 15 0 0.0 0.0 16 0 0.0 0.0 17 0 0.0 0.0 18 0 0.0 0.0 19 0 0.0 0.0 20 0 0.0 0.0 21 0 0.0 0.0 22 0 0.0 0.0 23 0 0.0 0.0 24 0 0.0 0.0 25 0 0.0 0.0 26 0 0.0 0.0 27 0 0.0 0.0 28 0 0.0 0.0 29 0 0.0 0.0 30 0 0.0 0~0 31 0 0.0 0.0 32 0 0.0 0.0 33 0 0.0 0.0 34 0 0.0 0.0 35 0 0.0 0.0 36 1 1.0 1.0 37 3 2.9 3.9 38 4 3.9 7.8 39 6 5.8 13.6 40 6 5.8 19.4 41 8 7.8 27.2 42 6 5.8 33.0 43 8 7.8 40.8 44 7 6.8 47.6 45 10 9.7 57.3 46 6 5.8 63.1 47 8 7.8 70.9 48 10 9.7 80.6 49 7 6.8 87.4 50 4 3.9 91.3 51 3 2.9 94.2 52 1 1.0 95.1 53 2 1.9 97.1 54 1 1.0 98.1 55 0 0.0 98.1 56 1 1.0 99.0 57 0 0.0 99.0 58 0 0.0 99.0 59 1 1.0 100.0 60 0 O. 0 100.0 >60 0 0.0 100.0 50TH PERCENTILE SPEED ........... . ..... 45 85TH PERCENTILE SPEED ................. 49 10 MPH PACE SPEED .......... 40 through 49 PERCENT IN PACE SPEED .............. 73.8 PERCF~NT OVER PACE SPEED ............ 12.6 PERCENT UNDER PACE SPEED ........... 13.6 RANGE OF SPEEDS ................. 36 to 59 VEHICLES OBSERVED .................... 103 AVERAGE SPEED ....................... 44.8 CUMULATIVE PERCENT VS. SPEED (MPH) + .... + .... + .... + .... + .... + .... + .... + .... + .... + 100 ******'100 -- *** -- 90 * 90 80 * 80 70 * 70 60 60 50 * 50 40 * 40 30 30 20 * 20 10 * 10 · ********************** 0 + .... + .... + .... + .... + .... + .... + .... + .... + .... + 20 30 40 50 60 PERCENT VS. SPEED (MP}{) + .... + .... + .... + .... + .... + .... + .... + .... + .... + 15 15 10 10 5 5 + .... + .... + .... + .... + .... + .... + .... + .... + .... + 20 3O 4O 50 60 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS TRAFFIC DIVISION TRAFFIC AND ENGINEERING SURVEY FOR SPEED ZONING Jurisdiction: CITY OF TEMECULA LOCATION Ynez Road between La Paz Street and Rancho Calitornia Road Existing Posted Speed Limit: 45 mph Critical Speed (85th percentlie): 48 mph Median Speed: 43 mph Number of Accidents: Accident Period: X ACCIDENT RECORD REVIEW 4 (speed related only) 12 Months Unusual conditions: Date of Survey: 2-16-95 Surveyed by:. HSB 10 mph Pace Range: 38-47 Does not warrant a speed limit more than 4 mph below the critical speed. Wan'ants a speed limit more than 4 mph below the critical speed. UNUSUAL CONDITIONS Warrants a speed limit less than the critical speed because of unusual conditions not readily apparent to the motorist. RADAR ENFORCEMENT SPEED LIMIT This Traffic and Engineering Survey indicates that the appropriate speed limit for Ynez Road belw~ La Paz Street and Rancho California Road is 45 MPH. CERTIFICATION I, Joseph Kicak, declare: That I am employed by the City of Temecula, 43174 Business Park Ddve, Temecula, CA 92590, as City Engineer. That the attached Traffic and Engineering Survey was prepared for the City of Temecuta and is a true copy of the Traffic and Engineering Survey presented to the City Clerk for their files. I declare under penalty of perjury that the foregoing is true and correct. Executed at Temecula, California on this ~ ~ day of II ~ ,19~f..~. '~// - Declarant j':/formsil~alfic/survey4.stxl ITEM 11 CITY ATTORNEY 'NANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager  Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 Release Faithful Performance Warranty and Labor and Materials Bonds in Tract No. 24135-1. (Northwesterly corner of Pio Pico Road at Margarita 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 and Labor and Materials securities for Street and Drainage, and Water and Sewer Public Improvements in Tract No 24135-1, and DIRECT the City Clerk to so advise the Developer and Sureties. BACKGROUND: On May 14, 1991, the City Council approved Tract Map No. 24135-1, and entered into subdivision agreements with: Bedford Development Company, a California Corporation for the improvement of streets and drainage, installation of sewer and water systems, subdivision monumentation and traffic signalization mitigation fees. Accompanying the subdivision agreements were Instruments of Credit posted by Butterfield Financial Corporation in the following amounts: 91,308,000 (9978,500, 9132,000, and 9197,500, respectively)to cover faithful performance for streets and drainage, and water and sewer improvements. . 9654,500 (9489,500, 966,000, and 999,000, respectively) to cover labor and materials for streets and drainage, and water and sewer improvements. 3. 935,500 to cover subdivision monumentation. 4. $14,400 to cover traffic signalization mitigation fees. R:\AGDRPT\97\ 1209\TR241351.FIN On November 26, 1996, the City Council accepted the public improvements, initiated the one- year warranty period, and authorized release of the subdivision monument security and, reduction in the Faithful Performance Security amount to the ten-percent (10%) warranty level as follows: Streets, water and sewer improvements 30,800 The developer submitted substitute securities in the appropriate amounts, with the Aetna Casualty and Surety Company as surety, as follows: Bond No. 100869980-96-035 in the amount of $130,800 for faithful performance warranty. Bond No. 100869980-96-034 in the amount of ~654,500 for labor and materials. Staff has reviewed the public improvements, following completion of the one-year warranty period, and all repairs/replacements have been satisfactorily completed. Therefore Staff recommends release of the Faithful Performance Warranty bond as noted above. The developer was required to post labor and materials security to ensure payment to workers and suppliers of materials. The six-month contractual lien period having run, and no claims having been filed against the developer, Staff recommends release of the following labor and materials security: Bond No. 100869980-96-034 in the amount of $654,500 for labor and materials. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-134. The streets within the subdivision accepted were Calle Redondela, Corte Sagunto, and portions of Corte Cabral, Calle Vimianzo, Pio Pico, Via Barrozo, and Margarita Road. Margarita Road in this reach was a part of 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 Attachment: Location Map R:\AGDRFT\97\1209\TR241351.FIN .:-: o. T racAklSko~~~~- 1 L~ NOTE: MAPS NOT TO SCALE ITEM 12 FINANCE DII~ECTOR__~--~-~]I CITY MANAGER ~ II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 24135-3. (Southeasterly corner of Santiago Road at Margarita Road) PREPARED BY:~ RECOMMENDATION: Ronald J. Parks, Principal Engineer- Land Development Albert K. Crisp, Permit Engineer City Council AUTHORIZE the release of Faithful Performance Warranty and Labor and Materials securities for Street, and Water and Sewer Improvements, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On January 11, 1994, the City Council approved Tract Map No. 24135-3, and entered into subdivision agreements with: KRDC, Inc. 27755 Ynez Road, Suite 202 Temecula, CA 92591 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were Bonds posted by Butterfield Financial Corporation in the following amounts: Bond No. 3S 749 225 00 in the amount of $447,500 ($308,000, $69,500, and $70,000, respectively) to cover faithful performance for streets and drainage, and water and sewer improvements. . Bond No. 3S 749 225 O0 in the amount of $223,750 ($154,000, $34,750, and $35,000, respectively) to cover labor and materials for streets and drainage, and water and sewer improvements. . Bond No. 3S 749 227 00 in the amount of $35,500 to cover subdivision monumentation. I R:\AGDRFr\97\ 1209\TR241353. FIN On November 26, 1996, the City Council accepted the public improvements, initiated the one- year warranty period, released the subdivision monument bond, and authorized the reduction in the Faithful Performance Street, and Water and Sewer Improvement security to the ten- percent (10%) warranty level as follows: Street, Water and Sewer Improvements ~44,750 The developer submitted substitute bonds in the appropriate amounts, with the Aetna Casualty and Surety Company as surety, as follows: Bond No. 100869980-96-036 in amount of $44,750 for faithful performance warranty. Bond No. 100869980-96-037 in amount of $223,750 for labor and materials. Public Works Staff has reviewed the project in the field following the one-year warranty period, and all necessary repairs/replacements have been satisfactorily completed. Staff therefore recommends release of the Faithful Performance warranty security noted above. The developer was required to post Labor and Materials securities to ensure payment of workers and suppliers. These securities are required to be maintained in effect for the contractual six-month lien period following City Council acceptance of the public 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, Water and Sewer Improvements: Bond No. 100869980-96-037 $223,750 The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-134. The streets within the subdivision accepted were Via Alcorisa, Corte Esparza, Corte Cardenas, Corte Avalos, and portions of Via Barrozo, Corte Cabral, Calle Cataide, Santiago Road, and Margarita Road. Margarita Road in this reach was a part of the County Maintained-Road System prior to incorporation and became part of the City Maintained- Street System by succession on December 1, 1989. FISCAL IMPACT: None Attachment: Location Map 2 R:\AGDRPT\97\ 1209\TR241353 .FIN .0 Tract No. 24135-3 NOTE: MAPS NOT TO SCALE ITEM 13 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 December 9, 1997 Accept Subdivision Improvements in Tract No. 24135-F. (Northwesterly corner of Meadows Parkway at Leena Way) PREPARED BY: ;~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 24135-F, AUTHORIZE initiation of the one-year warranty period, reduction of the Faithful Performance Street, and Water and Sewer security amounts, and release of the Subdivision Monumentation security, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On May 24, 1994, the City Council approved Vesting Tract Map No. 24135-F, and entered into subdivision agreements with: KRDC, Inc. 27555 Ynez Road, Suite 200 Temecula, CA 92591 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted by Aetna Casualty and Surety Company as follows: I . Faithful Performance Bond No. 08510086990-94-25 in the total amount of $421,500 ($273,000, $76,000, and $72,500, respectively) for streets, water, and sewer improvements. . Labor and Materials Bond No. 08510086990-94-26 in the total amount of $211,000 (9136,500, 938,000, and 936,500, respectively) for streets, water, and sewer improvements. 3. Subdivision Monument Bond No. 08510086990-94-24 in the amount of 918,000. R:\AGDRFF\97\1209\TR24135F.ACC Public Works Staff has inspected and verified the public improvements. The Eastern Municipal and Rancho California Water Districts have accepted their items of worE. 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, Water, and Sewer improvements ~379,350 The Faithful Performance Warranty will be retained in the amount of: Streets, Water, and Sewer Improvements: Bond No. 085100869980-94-25 $42,150 The subdivision monumentation requirements have been met and Staff therefore recommends release of the following bond: Bond No. 08510086990-94-24 in amount of $18,000 for subdivision monumentation. The developer was required to post labor and materials security to ensure payment to suppliers and workers. This bond will remain in effect for the contractual six-month lien period following City Council acceptance of public improvements. The affected streets are being accepted into the City Maintained-Street System by City Council Resolution 97- at this time. The streets within the subdivision are Via Cali, Corte Barbaste, Calle Cataldo, and portions of Santiago Road and Amarita Way. FISCAL IMPACT: None Attachment: Location Map R:\AGDRPT\97\ 1209\TR24135F.ACC T£A ¢'T .610. Z4]33-2 A44A~/~'A M.B. ~'30 / 42-47 VIA _..~ --~ ~G~~ RO~D NOTE: MAPS NOT TO SCALE ITEM 14 CITY ATTORNEY FINANCE DIRECTOR/~~ II CITY MANAGER ~ II CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer December 9, 1997 SUBJECT: Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 24135- F) (Easterly of intersection of Margarita Road at Santiago Road). PREPARED BY: ,/~Ronald J. Parks, Principal Engineer - Land Development /3~ 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 TRACT NO. 24135-F) BACKGROUND: The City Council approved Tract No. 24135-F on May 24, 1994,, and entered into Subdivision Agreement for construction of streets, and water and sewer system improvements, and subdivision monumentation with KRDC, Inc. On December 9, 1997, the City Council accepted the public improvements for this tract. The public streets now being accepted by this action are Corte Barbaste, Calle Cataldo, Via Cali, and portions of Santiago Road and Amarita Way. FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachments: Resolution No. 97- with Exhibits "A-B", inclusive. R:\AGDRPT\97\1209\TR24135F.MST RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TF_34ECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 24135-F) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted an offer of dedication of certain lots for street and public utility purposes made by KRDC, Inc., a California Corporation, with the recordation of Tract Map No. 24135-F: and, WHEREAS, The City of Temecula accepted the improvements within Tract No 24135-F on December 9, 1997. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of December, 1997. Ronald H. Roberts, Mayor ATTEST: June S. Greek, City Clerk R:\AGDRPT\97\ 1209\TR24135 F.MST [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 9th day of December, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES' 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS' R:\AGDRFr\97\ 1209\TR24135F.MST EXHIBIT "A" TO RESOLUTION NO. 97- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 24135-F and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lots "A" through "E" inclusive, as shown on Tract Map No. 24135-F, f'ded 26 May 1994, in Book 248 of Maps, Pgs 72-77 Incl., further described as follows: Lot "A" Lot "B" LOt "C" LOt "D" Lot "E" Portion of Santiago Road Portion of Amarita Way Via Cali Corte Barbaste Calle Cataldo R:\AGDRPT\97\ 1209\TR24135F.MST EXHIBIT "B" TO RESOLUTION NO. 97- ,, SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: ---- ----\ ¥1C.11~11TY MAP CO NOTE: MAPS NOT TO SCALE STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED-STREET SYSTEM ITEM 15 ORDINANCE NO. 97-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION m. F. 2., PARKING, OF THE OLD TOWN SPECIFIC PLAN REVISING THE PARKING REQUIREMENTS (PLANNING APPLICATION NO. PA97-0221) THE OF THE CITY COUNCIL OF TEMECULA, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section III. F. 2., Parking, of the Old Town Specific Plan is hereby amended to read as follows: All parking requirements in the Specific Plan area shall be as delineated in Chapter 17.24 of the Development Code with the following exceptions: Re The parking requirements for all uses in the Highway Tourist Commercial (I-ITC), Civic (OTC), Community Commercial (CC), Tourist Retail Core (TRC), and Community Commercial :and Tourist Support (CCTS) shall be 1 space per 300 gross floor area unless the Development Code requires a fewer number of parking spaces for the same use. Section 2. The Amendment to the Old Town Specific Plan approved by this Ordinance shall be a limited term amendment and shall be effective for a period of six (6) months from the effective date of this Ordinance. At the expiration of the six month term of the Amendment approved by this Ordinance, the provisions of Section 1II.F.2., Parking, of the Old Town Specific Plan in effect on the date of adoption of this Ordinance shall be reinstated and in full force and effect, unless the City Council adopts a further ordinance amending said section. Developments which utilize the parking requirements of this Ordinance during the six month term of this Ordinance shall be entitled to rely upon such parking standards to the extent otherwise allowed by law and shall not be required to modify parking at the conclusion of the six month period. Section 3. findings: In adopting this Ordinance, the City Council hereby makes the following A. The proposed Specific Plan Amendment is consistent with the General Plan and the Old Town Specific Plan because it promotes the revitalization of Old Town. B. The proposed Specific Plan Amendment promotes the public interest, health, Ords\97-21 I safety, convenience or welfare of the City because the City will be providing public parking spaces that may be used by all visitors to Old Town. C. The proposed Specific Plan Amendment ensures the development of desirable character which will be compatible with existing and proposed development in, the surrounding neighborhood because it promotes the preservation of the historic character of Old Town. Section 4. Environmental Determination This project does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Section 5. ~ The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 6. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the City Council members voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 9th day of December, 1997. ATTEST: Ron Roberts, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] Ords\97-21 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97-21 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of November, 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 9th day of December, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Ords\97-21 3 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 TO: FROM: DATE: SUBJECT: CITY ATTORNEY FINANCE DIRECTOR ,~~ GENERAL MANAGER CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT Board of Directors/General Manager Shawn D. Nelson, Director of Community Services December 9, 1997 Solicitation of Construction Bids and Approval of the Plans and Specifications for the Rancho California Sports Park Sidewalk Project (Project No. PW97-16CSD) PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW97-16CSD, Rancho California Sports Park Sidewalk Project. BACKGROUND: The plans, specifications and contract documents for this project have been completed and are now ready to be advertised for construction. The project will include the installation of permanent sidewalk, curb, gutter, asphalt pavement and landscaping on the west side of Margarita Road between Pauba and Rancho Vista Roads. This project will also include the widening of Margarita Road to the ultimate width between Pauba and Rancho Vista Roads. In addition, the project has two (2) alternate bid items. The alternates are listed as separate line items and would be constructed if funding allowed. The first alternate includes a concrete walkway and landscaping from Margarita Road to the North/South ballfields of the park and the second alternate includes a paved parking area adjacent to the ballfields. These alternates are being proposed to provide additional paved access for vehicles and pedestrians to the North/South ballfields from Margarita Road. The plans are available for review in the Department of Public Works. The engineer's estimated construction cost for this project is $160,000. FISCAL IMPACT: The Rancho California Sports Park Sidewalk Project is a Capital Improvement Project and is being funded through AB2766 funds. r:~drpt\97\1209~pw97-16.bid ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER y TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager December 9, 1997 Amendment No. 2 to Consultant Agreement for Landscape Plan Check and Inspection Services PREPARED BY: ~',~l~ery. Yasinosky, Development Services Analyst RECOMMENDATION: That the Board of Directors: . Approve Amendment No. 2 for 910,000 with The Elliott Group for landscape plan check and inspection services. , Appropriate 93,500 in the consulting services line item budget for Service Level "A" and 96,500 in Service Level "C". BACKGROUND: On May 1, 1996, the Temecula Community Services District (TCSD) entered into an Agreement with The Elliott Group to provide landscape plan check and inspection services for developer projects. On June 24, 1997, the Board of Directors approved Amendment No. 1, which extended the Agreement for an additional year. Developers submit plans to the TCSD for those slope and park areas to be dedicated to the City upon final inspection and acceptance by the TCSD. In order to ensure that the improvements are installed in accordance with TCSD standards, the plans are reviewed and the installation inspected by an outside consultant. However, due to increased development within the City, staff has determined that the need for plan check and inspection services will exceed the original estimates. As a result, staff recommends that the contract be extended for an additional 910,000 to cover the cost of the services provided. All other terms of the agreement will remain the same. FISCAL IMPACT: There is no net fiscal impact on the TCSD. The fees paid to the consultant are paid by the developers directly to the TCSD and ultimately paid to the consultant upon the presentation of an invoice. ATTACHMENTS: Amendment No. 2 to Contract Order No. 20318. R:\yaalnobk\elliot2. amd 10/09/97 AMENDMENT NO. 2 TO CONTRACT ORDER NO. 20318 THE ELLIOTr GROUP December 9, 1997 The Agreement dated May 1, 1996, between the City of Temecula, and The Elliott Group, a Landscape Architectural firm (hereinafter referred to as "Agreement") is hereby amended as follows: RE: Additional Services Payment for plan check and inspection services is extended $10,000 for the term of the agreement as provided for in Section 4. PAYMENT of the Agreement. Section All other terms and conditions of the Agreement shall remain the same. The parties hereto have ex~uted this Amendment on the date and year above written. CONSULTANT By: MiSael~G. E~~ooY{~~ By: The Elliott Group CITY OF TF34ECULA Jeffrey E. Stone, President Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk REDEVELOPMENT AGENCY ITEM 1 APPROVAL CITY ATTORNEY FINANCE DIRECTOr, CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members Mary Jane McLarney, Redevelopment Director' '~~ December 9, 1997 ECAP Contract RECOMMENDATION: That the Redevelopment Agency approve the contract with ECAP and authorize the Executive Director and General Counsel to execute the contract with ECAP. DISCUSSION: In connection with the Economic Development Strategic Plan, the Agency authorized the preparation of a ~lemographic profile for the City of Temecula, including' Demographics Housing Employment Taxable Retail Trade Industrial Real Estate Community Characteristics The document was prepared by Dr. John Husing of ECAP. When the report was presented to the City Council on August 26, Council directed staff to engage Dr. Husing to refine the Economic Development Strategic Plan through the use of workshops and focus groups. Dr. Husing's proposal is attached. It includes an update to the demographic profile, as well as the work directed by Council. There is no increase in fees for these services which is $12,000 per year. FISCAL IMPACT: Adequate funds are budgeted in the Line Item 280-199-999-5248. Attachment: ECAP Proposal ECAP Contract R:\SYERSK\STAFFREP\HUSING.ECA 12/1/97 kgs Exhibit A TO: FROM: SUBJECT: DATE: ECAP economic and political analysis 3142 Cactus Circle Highland, CA 92346-1739 (909)425-8952 Phone 8, Fax john_husing~ee.org Mary Jane McLarney Assistant City Manager John Husing Data & Consulting Services October 25, 1997 You have requested a data & consulting services proposal to extend the services contracted be- tween ECAP and the City of Temecula that is due to end on December 17, 1997. ECAP there- fore proposes the following: · The period of the next contract be from December 17, 1997 to December 17, 1998. · The fee for the contract to remain at $1,000 per month. · The work program will include: 1. Assist the city in obtaining historical EDD for 1997. The city currently has CA Employment Development Department (EDD) data through second quarter 1996. Under this contract, ECAP would assist the city in updating this information twice. Once to incorporate the balance of 1996 and the first quarter of 1997. A second time to incorporate the balance of 1997. 2. Update the data provided to the city in the 1997 Factbook All charts and graphs in the 1997 Factbook would be updated to the most recent in- formation. The narrative would review the long term trends as well as the changes that have occurred during 1997. · Demographics: (Population, income) · Housing (new & existing volumes, prices, multi-tenant occupancy, rents) · Employment (volume, sectors, payroll, average pay, size offirms, number of firms) · Retail Sales (trends, sector data, gap analysis) · Industrial Real Estate (prices, vacancy, absorption) · Community Characteristics (schools, parks, law enforcement) 3. Propose and economic strategy for the city This work would include: · Review the 1997 Factbook and proposing a series of economic initiatives based upon it and general information about the Inland Empire economy. · Circulate the first draft of the proposed strategy as follows Page 1 4~ 1. City Council Members 2. Key City Staff Members 3. Temecula Valley Economic Development Council 4. Selected City Business Leaders 5. Selected City Community Leaders · Conduct a series of interviews with focus groups made up of people to whom the draft strategy has been circulated. · Adjust the economic strategy based upon inputs from these groups. The re- sulting document will aim at a consensus agenda grounded consistent with the data and analysis. · Submit the final strategy to the city for adoption · Testify and give speeches and briefings as necessary to further this process. Assist city in selecting economic data for promotional materials. Assist the city's staff and/or media consultants in selecting the data to be used from the 1997 Factbook in public relations or business recruiting efforts, and assist in reviewing their final output. Attend meetings, where a knowledge of the economic environment might con- tribute to better decision making. Assist the city, as needed, in discussions where a knowledge of economics would be useful in policy, budget or bond issue discussions. Page 2 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of December 9, 1997, between the Redevelopment Agency, a municipal corporation (~Agency") and ECAP ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 17, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 17, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant $1,000 a month commending January 1, 1998. This amount shall not exce~ Twelve Thousand Dollars ($12,000.00) 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 Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10 %) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. LAX2:136829.2 -1- Revised9/18/95 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 eonsultant'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. ~USPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. 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. LAX2:136829.2 -2- Rotised 9118195 7. OWNE~HW OF DOCUME~S. 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 fries. 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 sole negligence of the City. 9. INSURANCE REO_UIREMENTS. 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. ae Minimum Scope of Insurance. Coverage shall be at least as broad as: LAX2:136829.2 -3- R~-'vise, d 9/18/95 (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant' s profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $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-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products LAX2:136829.2 4- Revhed 9/18/95 and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of 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, cancelled 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. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. LAX2:136829.2 -5- Revised 9118195 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. 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. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, 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 I_.AX2:136829.2 -6- Revised 9118195 retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, heating 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. ]~LT. IC_,F~. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: Attention: Executive Director Temecula Redevelopment Agency 43200 Business Park Drive P.O. Box 9033 Temecula, California 92590 To Consultant: ECAP 3142 Cactus Circle Highland, CA 92346-1739 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 15. ~. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the paxties 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 LAX2:136829.2 -7- Reviaed 9/18/95 effect. E~ch party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE Tl-llg 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. REDEVELOPMENT AGENCY By Karel F. Lindemans Chairperson Attest: June S. Greek, City Clerk Approved As to Form: Peter M. Thorson City Attorney ECAP John Husing LAX2:136829.2 -8- Reviaed 9118195 ITEM 2 FINANCE OFFICEI~ CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Member§ ~ Mary Jane McLarney, Redevelopment Director /' , December 9, 1997 Inland Empire Economic Partnership Contract RECOMMENDATION: That the Redevelopment Agency approve the annual contract with the Inland Empire Economic Partnership (IEEP) and authorize the Executive Director and City Attorney to execute the agreement. DISCUSSION: The IEEP, as identified in the Economic Strategic Plan, is a partner in promoting economic growth in our City. Specifically, IEEP receives all leads from California Trade & Commerce and routes them to member Cities. Additionally, through their fund raising efforts, IEEP has established a marketing plan to promote the region to site selectors and businesses. As a member of the Board of Directors, I have participated in the formulation of leads policy, as well as the marketing plan. FISCAL IMPACT: The membership of $10,344 is calculated based on population. The IEEP membership was budged in RDA Account #280-199-999-5264. ATTACHMENT: IEEP Contract R: \$YERSK~STAFFRE~II~.F.P. CON 12/1197 INLAND EMPIRE ECONOMIC PARTNERSHIP SUNRISE INLAND EMPIRE PROGRAM AGREEMENT This SUNRISE INLAND EMPIRE PROGRAM AGREEMENT ("Agreement") is made and entered on th±s 9 day of Dec, 1997, by and between the Inland Empire Economic Partnership, a non-profit mutual benefit corporation (hereinafter referred to as "IEEP") and City of Temecula as "SPONSOR"). ,,RECITALS WHEREAS, SPONSOR desires to obtain certain marketing services from IEEP and IEEP desires to provide certain marketing services on behalf of SPONSOR, WHEREAS, the marketing services to be provided by IEEP pursuant to this Agreement shall be hereinafter referred to and known as the "Sunrise Inland Empire Program" or "SUNRISE;" WHEREAS, SUNRISE is designed to emphasize the economic, demographic and life-style facts and images of those certain geographic areas included within the portions of San Bernardino and Riverside counties bounded by Los Angeles County on the West, Orange and San Diego counties on the South, the Cities of Hemet, San Jacinto and Banning on the East, and the San Bernardino Mountains on the North, together with the cities of Claremont and Pomona (hereinafter ~ollectively referred to as the "Inland Empire") in order to: (1) Increase information-nation available in the finance and real estate industries about the Inland Empire economy; (2) Increase the potential pool of employers interested in locating in the Inland Empire; (3) Increase the potential films, television scenes, commercials and videos to be produced in the Inland Empire; and (4) Increase the number of tourists, corporate meetings and conventions visiting the Inland Empire. WHEREAS, SPONSOR recognizes the benefits it may obtain through the attraction of new business, investment, film production and tourism to the Inland Empire; WHEREAS, SPONSOR recognizes the need to promote the Inland Empire as a positive business environment; and WHEREAS, IEEP desires to provide, and SPONSOR desires to fund, SUNRISE in accordance with the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, IEEP and SPONSOR agree as follows: SECTION I SERVICES OF IEEP~ TERM 1.1 SUNRISE Inland Empire Program. During the term of this Agreement, IEEP shall furnish all technical and professional services, including labor, material facilities, equipment, transportation, supervision and expertise, necessary to fully and adequately perform the following services which shall constitute the Sunrise Inland Empire Program (SUNRISE): A. SUNRISE for Finance and Real Estate Industries and Potential Employers. IEEP shall in good faith and based on its discretionary determination that the following persons or entities exhibit some potential for conducting business in the Inland Empire, use its best efforts to contact and provide information on the Inland Empire to: (1) finance and real estate industry executives, (2) Southern California and other regional businesses, and (3) executives of national and international corporations. B. SUNRISE for Tourism. IEEP shall provide monthly advertising and other promotional activity, including but not limited to advertising in the Los Angeles Times and the Orange County Register or other appropriate media promoting tourism in the Inland Empire. IEEP may defray the cost of such advertising in full or in part by including therewith advertising from Inland Empire tourism and travel furns. SPONSOR acknowledges and agrees that IEEP may enter into a contract with the Inland Empire Tourism Council to execute in full or in part its obligations under this subparagraph. C. SUNRISE for Film Industry. IEEP shall use its best efforts to market the Inland Empire to the Southern California film industry m an effort to increase the number of films, television scenes, commercials and videos produced in the Inland Empire. D. Trade Shows. IEEP shall attend trade shows, conventions and other meetings directly related to the purposes of this Agreement. IEEP shall prepare, transport and staff, as required, a trade show exhibit promoting the advantages of the Inland Empire to selected markets, companies and industries. E. Other Terms. IEEP shall generally prepare, acquire and/or disseminate information to promote the Inland Empire as a location for business, investment, film production and tourism and shall carry out such other activities as may be reasonably necessary to achieve the purposes of this Agreement. The frequency of matcriEs provided and the specific individuals and entities to be targeted by SUNRISE pursuant to this Agreement shall b~ subject to IEEP's sole and absolute discretion. Except as set forth above, the IEEP's marketing efforts will include display advertising materials in publications chosen at the discretion of the IEEP. F. Schedule of Services. IEEP shall devote such time to the performance of the services under this Agreement as may be reasonably necessary for the satisfactory and timely g of IEEP's obligations hereunder. G. SUNRISE Performance Measures. IEEP shall monitor and report the results of SUNRISE in accordance with the standards set forth in Exhibit "A" (IEEP Business Plan) attached hereto and incorporated herein by this reference. 1.2 Term of Agreement. Subject to the terms and conditions set forth in this Agreement, the term of this Agreement shall commence on the date first set forth hereinabove and shall continue thereafter through and including September 1, 1998. From and after September 2, 1998, this Agreement shall terminate and the parties hereto shall have no further debt or obligation hereunder. 1.3 Representation. SPONSOR hereby grants to IEEP the right to provide SUNRISE on the terms and conditions set forth in this Agreement. IEEP, from time to t/me and pursuant to its sole and absolute discretion, may appoint and retain the services of employees and independent contractors, all at IEEP's cost and expense with funds provided by SPONSOR hereunder, to assist IEEP in the performance of its obligations under this Agreement. SECTION H COMPENSATION 2.1 Payments by Sponsor. IEEP shall receive compensation, for all services rendered under this Agreement. The total compensation shall not exceed ten thousand three hundred forty-four dollars ($10,344.00) without written approval of SPONSOR's Representative ("Total Compensation"). 2.2 Payment of Compensation. IEEP shall submit to SPONSOR an invoice pursuant to this Agreement. SPONSOR shall within thirty (30) days of receiving such invoice pay the Total Compensation indicated in Paragraph 2. I. 2.3 Additional Funding. SPONSOR agrees that the IEEP is authorized to seek additional funding for SUNRISE from other regional governmental bodies including, but not limited to, the San Bernardino Association of Governments, the Western Riverside Council of Governments, and the Inland Valley Development Agency. SECTION III GENERAL CONDITIONS 3.1 _Sponsor's Representative. SPONSOR hereby designates Mary Jane McLarney as SPONSOR's Representative to IEEP. SPONSOR's Representative shall have the authority to act on behalf of SPONSOR for all purposes under this Agreement and shall coordinate all phases of SUNRISE on behalf of SPONSOR, including, without limitation, the delivery of materials requested by the IEEP for distribution to respondents in accordance with the terms of this Agreement. SPONSOR shall work closely and cooperate fully with IEEP's Representative and any other agencies which may have jurisdiction over or an interest in SUNRISE. SPONSOR's Representative shall be available to IEEP's staff at all reasonable times. SPONSOR shall notify IEEP in writing of any substitution in SPONSOR's Representative. 3.2 IEEP's Representative. IEEP's President/Chief Executive Officer, or his or her designee, shall serve as IEEP's Representative and shall have the authority to act on behalf of IEEP for all purposes under this Agreement. 3.3 Oversight. To facilitate reasonable oversight of SUNRISE by SPONSOR, IEEP agrees, during the term of this Agreement only, that SPONSOR shall be eligible to have representatives selected by the IEEP Board of Directors for membership on the IEEP Board of Directors. No less than twenty-five percent (25%) of the seats on the IEEP Board of Directors shall be appointed from among the participating public sector agencies. Any greater percentage shall be at the sole and absolute discretion of IEEP. 3.4 Independent Contractor. SPONSOR retains IEEP on an independent contractor basis and IEEP is not an employee, agent or representative of SPONSOR. Any personnel performing the services under this Agreement on behalf of IEEP shall at all times be under IEEP's exclusive direction and control. IEEP shall have the right to appoint or otherwise designate suitable and desirable employees, agents, independent contractors and representatives to perform services under this Agreement CIEEP's Representatives"). IEEP's Representatives shall be subordinate to IEEP and subject to each and all of the terms, provisions, and conditions applying to IEEP hereunder. IEEP shall pay all wages, salaries, and other amounts due IEEP Representatives in their performance of services under this Agreement and as required by law. IEEP shall be responsible for all reports and obligations respecting IEEP Representatives, including, but not limited to, social security taxes, income tax withholdings, unemployment insurance, and workers' compensation insurance. SPONSOR is interested only in the results obtained by IEEP and SUNRISE, and the IEEP shall have sole control of the manner and means of performing its obligations under this Agreement. Except as expressly set forth herein, SPONSOR shall not have the night to require IEEP to periodically report to SPONSOR, conform to any fixed or minimum number of hours devoted to IEEP's obligations hereunder, follow prescribed itineraries, keep records of business transacted, make adjustments, bind SPONSOR, conform to particular policies of SPONSOR, or do anything else which would jeopardize the relationship of independent contractor between SPONSOR and IEEP. SPONSOR shall have no night or authority to commit IEEP in any matter, cause, or thin- whatever, without the prior written consent of IEEP either hereunder or otherwise, or to use IEEP's name in any way not specifically authorized by this Agreement. 3.5 Termination. IEEP and SPONSOR shall have the right to terminate this Agreement and suspend their performance hereunder upon the occurrence of any of the following events: A. Breach of Agreement. Breach or default by SPONSOR or IEEP of any of the material terms, obligations, covenants, representations or warranties under this Agreement which is not waived in writing by the non-defaulting party. In such case, however, the non-defaulting party shall first notify the other of such alleged breach or default and provide the other party with a period of thirty (30) days to cure the alleged breach or default. If the breach or default is not capable of being cured within a thirty (30) day period, then the party must commence a reasonable good faith effort to cure such breach or default within the thirty (30) day period and shall thereafter diligently prosecute such cure to completion. B. Bankruptcy or Insolvency. IEEP or SPONSOR is declared insolvent or bankrupt, makes an assignment for the benefit of creditors, has a receiver appointed or any proceeding is demanded by, for or against IEEP or SPONSOR under any provision of the federal Bankruptcy Act or any amendment thereof. 3.6 Continuation of Services to other Participating Agencies. In the event this Agreement is terminated in whole or in part as provided in paragraph 3.5, IEEP-EP may continue, upon such terms and in such manner as it has or may determine appropriate, to provide services similar to those provided to other Participating Agencies. 3.7 Indemnification. Each party shall defend, indemnify and hold the other party, its officials, officers, employees and agents free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to its negligent acts, omissions or willful misconduct arising out of or in connection with its performance of this Agreement, including without limitation the payment of attorneys' fees. Further, each party shall defend at its own expense, including attorneys' fees, the other party, its officials, officers, employees, and agents in any legal action based upon such negligent acts, omissions or willful misconduct. 3.8 Notices and Requests. Any notice, demand, or request required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly delivered and effective on the third business day after having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the addressee as set forth below. If delivered by facsimile machine to such addressee, such notice shall be deemed to have been duly delivered and effective on the date transmitted. If delivered via overnight courier to such addressee, such notice shall be deemed to have been duly delivered and effective on the next business day. Any party may change its address for purposes of this Agreement by written notice given in accordance herewith. IEEP: INLAND EMPIRE ECONOMIC PARTNERSHIP 301 East Vanderbilt Way, Ste. 100 San Bernardino, CA 92408 Attention: Teri Ooms Fax: 909-890-1088 SPONSOR: CITY OF TEMECULA P.O. Box 9033 Temecula, Califomia 92589-9033 Attention: Mary Jane McLamey Fax: 909-693-3903 3.9 Assignment Without Consent Prohibited. The rights or obligations of any of the parties hereto may not be assigned or delegated, respectively, without the prior written consent of the other party hereunder, which consent may be withheld in such party's sole and absolute discretion. Any assignment by either party hereunder shall not release such party from any of its obligations hereunder. Except as specifically provided above, neither party to this Agreement may, voluntarily or by operation of law, assign or otherwise transfer any of its rights or obligations under this Agreement 3.10 Exhibit(s). The exhibit(s) attached hereto are hereby incorporated by reference in this Agreement. Nothing contained in any such exhibit(s) shall supersede or annul the terms and provisions of this Agreement, unless the matter set forth in the exhibit(s) shall explicitly so provide to the contrary. In the event of any ambiguity in meaning or understanding between the provisions of this Agreement and the appended exhibit(s), the provisions of this Agreement shall control. 3.11 Entire Agreement. This Agreement, including the exhibit(s) attached hereto, shall constitute the entire Agreement between SPONSOR and IEEP concerning the subject matter hereof and shall supersede all prior and contemporaneous Agreements between the parties. 3.12 No Joint Venture or Partnership. SPONSOR and IEEP shall not, by virtue of this Agreement, in any way or for any reason, be deemed to be or have become a parmer of the other in the conduct of its business or otherwise, or a joint venture. 3.13 Gender and Number. The use herein of the neutered -gender includes the masculine and the feminine and the singular number includes the plural, whenever the context so requires. 3.14 Captions. The captions and headings provided in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of the terms hereof. 3.15 Counterparts. This Agreement may be executed in counterparts each of which shall be deemed a fully executed original. 3.16 Attorneys' Fees. In the event either party commences litigation for the judicial interpretation, enforcement, termination, cancellation or recision hereof, or for damages for the breach hereof, then, in addition to any and all other relief awarded in such litigation, the prevailing party therein shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court and other costs incurred. 3.17 Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 3.18 Modification and Waiver. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought. 3.19 Severability. In the event any term, covenant, condition, provision or agreement herein contained is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, the fact that such term, covenant, condition, provision or agreement is invalid, void or otherwise unenforceable, shall in no way effect the validity or enforceability of any other term, covenant, condition, provision or agreement herein contained. 3.20 Binding Agreement. Subject to any limitation on assignment elsewhere set forth herein, all terms of this Agreement shall be binding upon, enure to the benefit of and be enforceable by the parties hereto and their respective legal representatives, successors and assigns. 3.21 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.22 Prohibited Interests. A. Solicitation. IEEP maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for IEEP, to solicit or secure this Agreement. Further, IEEP warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for IEEP, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement For breach or violation of this warranty, SPONSOR shall have the right to rescind this Agreement without liability. B. Conflict of Interest. For the term of this Agreement, no member, officer or employee of SPONSOR, during the term of his or her service with SPONSOR, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.23 Equal Opportunity Employment. IEEP represents that it is an equal opportunity employer and it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. INLAND EMPIRE ECONOMIC PARTNERSHIP: By: President & CEO APPROVED AS TO FORM: By: Counsel Peter M. Thorson, City Attorney CITY OF TEMECULA By: Its: ATTEST: June S. Greek, City Clerk "EXHIBIT A" 1997 BUSINESS PLAN INLAND EMPIRE ECONOMIC PARTNERSHIP INLAND EMPIRE ECONOMIC PARTNERSHIP 1997 BUSINESS INTRODUCTION AND Ex cuxxvE SUMMARY Page3 ATTRACTION Inland Empire Economic Partnership Film Commission Tourism Council Economic Development Committee Cluster Council Entertainment, Sports & Communications RETENTION AND EXPANSION Inland Empire Economic Partnership Small Business Development Center International Trade Incubator Economic Development Committee Cluster Council REPUTATION MANAGEMENT Inland Empire Economic Partnership PRO BUSINESS POLICY Government Relations Committee INVESTOR RELATIONS Inland Empire Economic Partnership Investor Relations ORGANIZATION 1997 Functional Budget Organizational Chart Staff Listing Pages 4 - 10 Page 5 Page6 Page 7 Page 8 Page9 Page !0 Pages 11 -17 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Pages 18 - 19 Page 19 Pages 20 - 21 Page 21 Pages 22 - 24 Page 23 Page24 Page 25 Page 26 Page 27 INTRODUCTION AND EXECUTIVE SUMMARY I, NTRODUCTION The following business plan highlights the planned objectives for the Inland Empire Economic Parmership's next five years of operations with special emphasis on the 1997 goals and strategies. OUR MISSION The mission of the Sunrise Inland Empire Campaign will be implemented by the members, staff and considerable resources of the Inland Empire Economic Parmership. It states: To promote the world class strength and regional cohesiveness of Southern Califomia's Inland Empire by creating and implementing a plan for aggressive and responsible development of the region's economy. We must build on the numerous strengths offered by our region and communicate our Southern California positioning as the "Location for Innovation." PROGRAM OB~IECTIVES Sunrise Inland Empire -- Campaign for a New Millennium is a five-year plan that calls for investment by a public-private coalition. Through this investment, a $7.5 - $10 million economic development and marketing program will be implemented creating new, high quality jobs in the Inland Empire, retaining and expanding the businesses already here, and marketing our assets via a high visibility campaign. Over the next five years, the IEEP will be the driving force behind 50,000 new jobs in the Inland Empire. It is our full expectation that these jobs will be high paying jobs in prestige industries. These new jobs in sum total will have an economic impact of more than $9 billion. To do this, we will implement the following Program Objectives: 1. ATTRACTION Aggressively attract and recruit new businesses to the Inland Empire via a marketing campaign which targets industry clusters and communicates the region as the place for global commerce and entrepreneurial spirit. 2. RETENTION & EXPANSION Encourage retention and expansion of the companies already in our region with a variety of professional support programs designed to improve their competitiveness and maximize their use of reg/onal resources. 3. REPUTATION MANAGEMENT Improve the image and reputation of the Inland Empire by actively marketing our assets and showcasing the immense economic and quality of life advantages available here. 4. PRO-BUSINESS PUBLIC POLICY Nurture a pro-business public policy via legislative action and a public-private networkd"Team Inland Empire" approach to economic development operations. 5. INVESTOR RELATIONS Keep all investors abreast of the regional economic development and marketing programs and report regularly in measurable terms. Each of our Objectives is supported with specific Evaluation criteria designed to measure the success and effectiveness of the program. ATTRACTION Our goal is to identify and recruit companies to the Inland Empire that will not only enhance the quality of employment opportunities but increase the breadth and technological scope of the area's economic base. The program will focus on the proactive marketing of the area's regional advantages that offer a competitive edge or added value to target companies. We will deliver added messages of our region's international trade opportunities, university support network for businesses and entrepreneurial support programs. Strategies: · Target high quality business clusters from the following industry categories: Hi g h-tech manufacturing and information services, including research and development firms; - Entertainment and Tourism industries, well-known for their positive economic impact and favorable image; - Financial and Professional Services include investment analysts, finance officers, attorneys, accountants and bond raters whose decisions impact the growth of the region; - International Trade concerns in products ranging from agriculture and auto parts to electric guitars and software. · Aggressive Telemarketing, Trade Media Relations and Trade Show presence. · Advertise in target industry trade publications and regional business media. · Implement marketing tactics in select international markets including development missions to Asia, Mexico and Latin America. · Continue support for the Inland Empire Film Commission that will attract regional investment from entertainment industries. · Support efforts of the Inland Empire Tourism Council. · Develop and upgrade sales tools and promotional materials to support attraction programs including multimedia products and multi-lingual materials. Attraction Evaluation Criteria: 1. Increased prospect activity 2. Track prospects and closures by cluster and location 3. Track specific employment, payroll and capital investment increases 4. Survey lost prospects/expansions and address results Inland Empire Economic partnership STRATEGY Attraction Increase staff capabilities to manage projects. Develop target industry/company list and appropriate contact methodology Increase Inland Empire visibility to national site location consultants and corporate real estate executives Produce necessary collateral material Develop international strategy 1997 GOALS Hire vice-president business development Revise project management position to full-time Contract for and complete Wadley Donoran Group target industry studies · Identify trade shows, media and contact opportunities for 4 target industries · Complete 4 direct mailings to target industries · Attend 4 target industry trade shows and 2 Califomia shows · Host 20 national site consultants on fam-tours in conjunction with California speedway · Participate in San Diego IDRC conference · Participate with site consultants in Council on Urban Economic Development board activities · Coordinate international strategy with southern California EDC's (Orange County, Los Angeles, San Diego) · Lost prospect post-mortem administered ROLES OF STAFF/COMMITTEES · Staff to direct necessary studies and consultant activities · Staff to organize site consultants fam-tour activities · E.D. Committee/Community Partners to review progress reports on studies and consultant activities · E.D. Committee to assist in hosting prospect tours and visits EVALUATION CRITERIA · Completion of 1997 goals 1-11 · Prospects handled · Success Ratio · New jobs in target industries (higher wage) Film Commission Attraction STRATEGY · Continue to develop the identity of the region as the Inland Empire (Riverside and San Bernardino Counties) to the film industry. · Increase support to the city/county staff and established film councils that work with the IEFC on production projects/location scouting. · Develop larger intern base for the Film Commission. · Maintain strong relationship with the media. 1997 GOALS · Develop digital location scouting library for the IEFC use in addition to supplying CD Rom discs to the Calif. Film Commission for the state library. · Develop additional film councils in the two county region, i.e. Wrightwood, Idyllwild. · Develop better communication on location prospects/final projects with the cities/counties in the region. · Post card mailing campaign to the film industry- 6 x · Quarterly newsletter mailing · Develop High Desert participation in the IEEP. · Assist the Entertainment/Sports/Communications committee to locate post production companies in the Inland Empire. · Finalize the San Bernardino County Film Permit. · Handle the filming permits for the two counties by Fall 1997 out of the IEFC office. · Market the Inland Empire at two major industry trade shows with an increased presence at both shows from specific regions within the two counties. · Organize and co-host a luncheon at the 1998 Sundance Film Festival with the So. California Film Commissions. · Continue to work with the film industry to use local services/suppliers. · Assess other sources of revenue. ROLES OF STAFF/COMMITTEES Work with ESC committee on an as-needed basis. Serve as primary contact with film industry location scouts. Work with Inland Empire public sector organizations to increase the "film friendly" nature of the region. EVALUATION CRITERIA · Completion of the 1997 goals. · Feedback for the Califomia Film Commission with regard to the IEFC's relationship with them and the film industry. · Continued tracking of location requests and the resulting days of production and economic impact. Tourism Council Attraction STRATEGY 19 · Work with State of California Division of Tourism to coopemfively sell the "lesser known" California destinations. · Target promotional collateral & fulfillment pieces to journalists and tour operatom that will influence international and domestic travel consumers. · Participate in campaign soliciting travel planners to sell the Inland Empire as a destination with a diverse travel experience. 97 GOALS · Production of the 1997-98 Adventure Guide with San Bernardino Sun and establishment of distribution opportunity with The Press-Enterprise and the Inland Valley Daily Bulletin. · Publish the 1997-98 Calendar of Events · Completion of regional Image Brochure · Mail campaign to member of the American Society of Travel Writers · Inspire Travel Writer nationally to feature articles on the Inland Empire · Plan series of follow-up communications to secure interest · Product "Travel Diary", promotional collateral as pan of destination marketing campaign · Host quanerly membership meetings addressing industry topics · Link regional tourism related businesses to IETC's web site · Participate in 1997-98 European sales mission with the California Division of Tourism · Set meetings with top Southern California wholesale tour operators · Assess other sources of revenue ROLES OF STAFF/COMMITTEES · Increase regional tourism industry participation in IETC programs through membership recruitment. · Plan quarterly events/luncheons as an information gathering and networking opportunity for the membership. · Distribute regular communications and news briefs to members and local media. EVALUATION CRITERIA · Track number of travel articles published and travel planner responses to campaign. · Continuous assessment of activities and promotions for market impact and cost-effectiveness. · Track financial stability of organization through membership support. Economic Development Committee Attraction STRATEGY · Develop communication programs which will 'connect' all sectors of the community with regional economic development. · Contact large regional firms, poised for expansion or departure. · Provide training for County, City and Chamber economic development staffs on retention and customer service tactics. · Provide leadership and support for Team California on regional issues. · Provide a regional forum to promote understanding between public and private interests. 1997 GOALS · Develop a 'key players' committee representing all cities within the region. · Provide strike teams within each city to provide outreach services to existing facilities. · Develop high level ambassador group to interact with visiting site selection teams. · Establish a training program for public and private sector economic development staff members. ROLE OF STAFF/COMMITTEES · Provide leadership and communication link between IF~EP and the region. · Utilize committee members to serve as region ambassadors with visiting site selection teams. · Develop on a city by city basis 'strike teams' to provide outreach services. · Develop skills enhancement criteria for public/private training needs. · IEEP staff to support committee programs. EVALUATION CRITERIA · Level of 'communication' within the region. · Customer satisfaction survey. · Assessment of training results. · Success of 'strike teams' and results of expansion/relocation needs. · Assessment of site selection visits and their value. Cluster Council STRATEGY Attraction Form a working group of educators in two clusters (medical technology & environmental technology) Form a working group of executives & entrepreneurs in two clusters Identify a key educator and a key executive/entrepreneur to ramrod efforts to organize a conference in these two sectors. Hold conferences bringing together educators & entrepreneurs in each cluster. The conferences should define obstacles to advancing the clusters and discuss strategies for overcoming them. · Summary of conference should identify strategies for overcoming obstacles. These should be shared with conference participants and revised until a consensus has been reached. · Implementation should begin. · Framework for continuous contact between educators and industry people in various aspects of the cluster should be established. 1997 GOALS · Define two clusters in which attempts will be made to increase technological spin off from local colleges and universities, expand proill; making ventures, and increase high income employment (medical technology & environmental technology). · Define obstacles to achieving those goals in those clusters. · Create strategies for dealing with those clusters. · Begin implementation of those strategies. · Create framework for continuous education/industry dialogue within these clusters. ROLES OF STAFF/COMMITTEES · Committee will act as an organizer and catalyst in these efforts. · Membership will vary and increase as the committee's efforts become more defined and members are sought out who can make specific contributions to the work effort. · IEEP staff assistance in setting up meetings. · ~EP staff assistance in arranging the logistics of the conferences. EVALUATION CRITERIA How far have we gone to achieving each of the five objectives? How well organized is the work program that will be handed to the 1998 committee? In terms of Sunrise Objectives: 1. To what extent have the committee's efforts moved forward the ability of educators to transfer technology to private firms, thus expanding local knowledge base clusters? 2. To what extent have the committee's efforts caused high paying firms to remain and expand in the Inland Empire as they have better access to college trained workers? 3. To what extent have the committee's efforts allowed the Inland Empire to be better known as a place in which knowledge based industries and local universities are forming the flamework for mutual success? Entertainment, Sports and Communications Attraction STRATEGY · Promote the use of the term "Inland Empire" as a visible place identification. · Bring broadcast television to the Inland Empire. · Locate a major sports and entertainment arena in the Inland Empire. · Locate major entertainment production centers in the region. 1997 GOALS · Meet with the principal news media in the region to promote the use of "Inland Empire" and encourage expanded coverage of regional issues. · Assemble a media market analysis, conduct a viewer survey and retain a consultant to evaluate recruiting a broadcast television station. · Solicit the interest of L. A. Stations in developing permanent Inland Empire Bureaus. · Actively support viable plans for the construction of major sports and entertainment arenas. · Explore the feasibility of attracting production centers for major entertainment companies to the region. ROLE OF THE COMMITTEE/STAFF · Permanently establish the "Inland Empire" identity for the region. · Expand the presence of major media, sports activities and major entertainment firms in Inland Empire. · Committee members include a cross section of IEEP volunteers who can benefit from achieving the committee goals. · IEEP staff will support the committee through its work with film companies and tourism programs and also assist with evaluation of results, EVALUATION CRITERIA · Annual business attitude survey. · Tracking of consumer and media coverage in the fields of entertainment, sports and communications. · Acquisition of media, entertainment and sports facilities in Inland Empire. · Number of jobs added and f'mancial benefits to the local economy. 10 RETENTION & EXPANSION A large percentage of future job creation will come from firms already doing business in the Inland Empire. The program will include a constant outreach to existing organizations including hands-on service and support for businesses at risk and pursuit of a business-friendly government environment at every level. Expansion programs that the IEEP is working hard to facilitate include a parmerhag effort with area universities to provide businesses with employees, training and research; a regional venture capital group; new business incubators; and international trade support and education programs. Strategies: · Focus on manufacturing-related businesses. Develop a local economic development network responsible for ongoing contact with manufacturers employing more than 50 people; utilize a network to contact 200+ f'n'ms per year. · Identify regional fanas poised for expansion or departure. Support and promote IEEP programs that nurture fast-growing companies, as well as small women and minority owned businesses: - Small Business Development Center - International Trade - University and Medical Center Partnering Programs - Environmental Assistance program - Regional Employers Alliance for Community Health program Train local Chamber of Commerce and Economic Development staffs on issues of retention tactics. · Promote utilization of regional firrns for goods and services. · Provide leadership and support for Team California on regional issues. Retention Evaluation Criteria: . 2. 3. 4. Track regional employment data Track firms experiencing downsizing, buyouts and expansions Monitor tax base improvement Track number of f'ams contacted and assisted through program 11 Inland Empire E,conomic Partnership STRATEGY · Revising staffing strategy per loss of Edison in-kind staff · Identify fastest growing manufacturing companies · Initiate E.D. network contact program · Renew Supervisor meetings with business · Conduct retention media program Retention & Expansion 19 · · · · · · 97 GOALS Complete retention program design Identify and fill staff requirements Use retention network to generate contact & reports with 100 companies Hold 10 supervisor meeting (75 companies) Design and place 5 retention ads (3 x each) in the Business Press and other local media Use in-kind radio for retention contact ROLE OF STAFF/COMMITTEES · E.D. Committee to organize E.D. network (Chambers and E.D. staffs) for contact program · ED. Committee to review contact results and assist with follow-up · Staff to ID target visitation companies · Staff to supervise consultant activities (Ad and Radio production) · Staff to organize supervisor meetings EVALUATION CRITERIA · Businesses contacted · Businesses assisted · Expansions (~F~P data) · Completion of goals 1-6 12 Small Business Development Center Retention & Expansion STRATEGY The Inland Empire Small Business Development Center is hosted by the IEEP. The SBDC acts as a shell for several other small business technical assistance programs: Inland Empire Trade and Inland Empire Business Incubator. Together, these programs provide a variety of services to assist in the retention and expansion of existing business while fostering the development of new entrepreneurial ventures. The SBDC provides free business, environmental and procurement consulting services to local small businesses. Assistance is free, non regulatory and confidential. A pardat list of services is as follows: · Marketing · Accounting * Agribusiness · Expansion Strategies * SBIR Proposal · Management · Finance · Operations * Environmental · Entrepreneurial Training · Workplace Health and Safety * Food Service Establishment · Bid-Matching Service * Specialized Workshops & Seminars · Other special programs such as the Invention Assessment, Mystery Shopper, Film Connection provide specialized services for the business owner 1997 GOALS · Number of Clients 1400 Economic Impact · Number of Hours 7500 · Funding & Investmere $25,000,000 · Number of Training Events 38 · Government Contracts $75,000,000 · Number of Training Hours 150 · Job Creation 250 · Number of Attendees 800 * Job Retention 500 An MIS system provides demographic and statistical data on each client and event in addition to the program material. Each quarter, clients are called and asked if their job numbers have changed or if they have received any type of funding, investment, or sales due to the assistance provided by our organization. This information is then recorded in the MIS and compiled as necessary for the various reporting agencies. ROLE OF STAFF/COMMITTEES SBDC Riverside Office: · Director · Assistant Director · 4 Business Consultants · Environmental Consultant · Training Coordinator · 3 Administrative Assistams SBDC Coachella Valley Office · Business Consultant · Administrative Assistant High Desert Office · Business Consultant · Administrative Assistant This staff provides all of the administrative, reporting, consulting, training and client liaison work as well as outreach to community organizatiom, programs and committees and public speaking. A volunteer Advisory Board was formed in 1991 to assist with program development, market and fund raising. The Board provides this advisory assistance to the Director at formal monthly meetings. The representation consists of small business owners, financial institutions, local government, chambers of commerce, trade associations and ex-officio members from: SBA, Trade & Commerce, IEEP President and SCORE. EVALUATION CRITERIA The contractors (California Trade and Commerce Agency, US SBA and Federal Economic Developmere Agency) establish the above goals. They then verify the information through client surveys and evaluate our performance against the above stated goals. 13 Small Business Development Center/International Trade Retention & Expansion STRATEGY · Export Leads Export Marketing · Sources of Financing · Logistics · Planning · Training 19 · · · · · 97 GOALS Number of Training Events 4 Number of Training Hours 16 Number of Attendees 100 Number of Trade Actions 25 Trade Action Totals $10,000,000 ROLE OF STAFF/COMMITTEES This staff provides all of the administrative, reporting, consulting, wainhag and client liaison work as well as outreach to community organizations, programs and committees and public speaking. A volunteer Advisory Board was formed in 1991 to assist with program development, market and fund raising. The Board provides this advisory assistance to the Director at formal monthly meetings. The representation consists of small business owners, financial institutions, local government, chambers of commerce, trade associations and Ex-officio members from: SBA, Trade & Commerce, IEEP President and SCORE. EVALUATION CRITERIA The contractors (California Trade and Commerce Agency, US SBA and Federal Economic Development Agency) establish the above goals. They then, verify the information through client surveys and then evaluate our performance against the above stated goals. 14 Small Business Development Center/Incubator Retention & Expansion STRATEGY The Inland Empire Business Incubator is a facility consisting of two buildings at the former Norton Air 'Force base. It houses 20 businesses and is owned by the Inland Valley Development Agency. The SBDC holds the management contract of the facility. The objective is to provide market rate sites but with value added services such as: · Consulting · Training · Value Added Services 1997 GOALS · 100 percent occupancy of Buildings · Job Creation · Job Retention 250 48 ROLE OF STAFF/COMMITTEES · This staff provides all of the administrative, reporting, consulting, training and client liaison work as well as outreach to community organizations, programs and committees and public speaking. · A volunteer Advisory Board was formed in 1991 to assist with program development, market and fund raising. The Board provides this advisory assistance to the Director at formal monthly meetings. The representation consists of small business owners, financial institutions, local government, chambers of commerce, trade associations and ex-officio members from: SBA, Trade & Commerce, IEEP President and SCORE. · PAC (Public Action Committee) of IVDA to advise Incubator Manager. EVALUATION CRITERIA · The contractor, IVDA, establishes the above goals. They then verify the information through client surveys and evaluate our performance against the above stated goals. 15 Economic Development Commit, tee Retention & Expansion STRATEGY · Develop communication programs which will 'connect' all sectors of the community with regional economic development. Contact large regional f'ms, poised for expansion or departure. · Provide training for County, City and Chamber economic development staffs on retention and customer service tactics. · Provide leadership and support for Team California on regional issues. · Provide a regional forum to promote understanding between public and private interests. 1997 Go ALS · Develop a 'key players' committee representing all cities within the region. · Provide strike teams within each city to provide outreach services to existing facilities. · Develop high level ambassador group to interact with visiting site selection teams. · Establish a training program for public and private sector economic development staff members. ROLE OF STAFF/COMMITTEES · Provide leadership and communication link between IEEP and the region. · Utilize committee members to serve as region ambassadors with visiting site selection teams. · Develop on a city by city basis 'strike teams' to provide outreach services. · Develop skills enhancement criteria for public/private training needs. · IEEP staff to support committee programs. EVALUATION CRITERIA · Level of 'communication' within the region. · Customer satisfaction survey. · Assessment of training results. · Success of 'strike teams' and results of expansion/relocation needs. · Assessment of site selection visits and their value. 16 Cluster Council Retention & Expansion STRATEGY · Form a working group of educators in the two clusters · Form a working group of executives & entrepreneurs in the two clusters. · Identify a key educator and a key executive/entrepreneur to ramrod efforts to organize a conference in these two sectors. · Hold conferences bringing together educators & entrepreneurs in each cluster. The conferences should define obstacles to advancing the clusters and discuss strategies for overcoming them. · Summary of conference should identify strategies for overcoming obstacles. These should be shared with conference participants and revised until a consensus has been reached. · Implementation should begin. · Framework for continuous contact between educators and industry people in various aspects of the cluster should be established. 1997 Go ALS · Define two clusters in which attempts will be made to increase technological ~pin off fi'om local colleges and universities, expand profit making ventures, and increase high income employment (medical technology & environmental technology). · Define obstacles to achieving those goals in those clusters. Create strategies for dealing with those clusters. · Begin implementation of those strategies. · Create framework for continuous education/industry dialogue within these clusters. ROLES OF STAFF/COMMITTEES · Committee will act as an organizer and catalyst in these efforts. · Membership will vary and increase as the committee's efforts become more defined and members are sought out who can make specific contributions to the work effort. · IEEP staff assistance in setting up meetings. · ~l::.P staff assistance in arranging the logistics of the conferences. EVALUATION CRITERIA How far have we gone to achieving each of the five objectives? How well organized is the work program that will be handed to the 1998 committee? In terms of Sunrise Objectives: 1. To what extent have the committee's efforts moved forward the ability of educators to transfer technology to private finns, thus expanding local knowledge base clusters? 2. To what extent have the committee's efforts caused high paying f'nmas to remain and exp..and in the Inland Empire as they have better access to college trained workers? 3. To what extent have the committee's efforts allowed the Inland Empire to be better known as a place in which knowledge based industries and local universities are forming the framework for mutual success? 17 REPUTATION MANAGEMENT A key factor in assisting with Attraction and Retention efforts will be the ability to successfully improve the image and reputation of the Inland Empire among all target audiences. Reputation Management will accomplish this through benchmark research, business attitude surveys and media relations. Strategies: Implement a regional business attitude survey both in and out of the Inland Empire to determine the perceptions and attitudes toward the Inland Empire Develop a Media Relations program to generate positive news coverage about the innovative businesses, communities and programs in the region. Build a local communications program to inform Inland Empire audiences of cost/benefits related to economic development programs. Develop a Public Relations program that will communicate a distinct positive image for the Inland Empire through the use of forums and events. Develop Inland Empire visibility materials for distribution, including a brochure, multimedia product and premium gifts. Work with Policy Committee to develop a proactive city and county approach to regional quality of life issues. Through the entire campaign, develop a sincere spirit of community and support for the Inland Empire among both residents and business owners. Reputation Management Evaluation Criteria: 1, Repeat business attitude survey every other year to compare against benchmark Audit consumer and business media coverage 18 Inland Empire Economic Partnership Reputation Management STRATEGY · Implement regional business attitude survey · Implement media relations program (national) · Implement local (regional) media relations program · Develop visibility materials 19 · · · · · · 97 GOALS Develop business attitude survey methodology Develop and place 15 national or southern California media market stores on I.E./Quality of Life Develop and place 20 regional market stories Develop places rated postcard for national distribution Develop I.E. premium gift (Maglite?) Organize public relations advisory committee ROLE OF STAFF/COMMITTEES · Staff to supervise media consultant activities · Public relations committee to review and advise on campaign · Staff to work with University resources on attitude survey · Work with Entertainment, Sports & Communication committee on Inland Empire identity program and media relations. EVALUATION CRITERIA · Completion of Goals 1 - 6 19 PRO-BUSINESS POLICY Pro-Business Policy will promote the Inland Empire with a legislative program that will produce a progressive agenda which will enable the "Sunrise Inland Empire" strategy to be successful. The program will encourage the growth of a pro-business policy and friendly government through self-monitoring improvement programs and pressure for a competitive legislative environment. Strategies: Identify and advocate measures that promote business supportive legislative recommendations and positive action agendas. · Identify and encourage removal of any regulatory barriers to growth. · Provide a regional forum to promote understanding between public and private interests. Provide regional legislative policy makers with factual information on issues affecting the Inland Empire. Establish an interactive network enabling counties and cities within the Inland Empire the ability to communicate dam instantaneously. Nurture a public-private parmership that will work closely with dries on quality of life and infrastructure issues. Pro-Business Policy Evaluation Criteria: 1. Track results gained from regulatory and legislative changes. Conduct annual competitive research and publicize f'mdings. Conduct a customer satisfaction survey within member cities and counties relative to IEEP services. 20 Governmental,Affairs Committee Pro-Business Policy STRATEGY · Develop credible and cooperative relations with state and federal officials to fa 'eftirate IEEP objectives. · Support local government investors with attainment of state and federal legislative goals related to IEEP key issues. 1997 GOALS · Identify and evaluate legislative issues and develop Position Papers on key issues affecting economic development in the region. · Communicate with other regional economic development organizations and local government agencies to identify legislative issues of mutual interest and recommend strategies to leverage mutual positions. · Serve as a resource to IEEP's membership by evaluating economic issues through member surveys, etc., and developing mitigation strategies. · Facilitate legislative workshops to create a foram for federal and state legislators to address critical business issues and provide support for the private and public sectors involved in economic development. Serve as a resource to federal and state legislators and productively support and/or recommend legislation of mutual interest to stimulate economic growth. ROLE OF COMMITTEE/STAFF · Committee membership will include a cross section oflEEP members from business and industry, city and county officials and legislators' representatives. · President to serve as IEEP Board liaison. Staff support as necessary. EVALUATION CRITERIA · IEEP interaction with federal and state legislators. · Complete Sacramento legislative trip involving economic organizations from two counties. · Advocate positions on IEEP key issues to federal elected officials. · Completion of member survey and development of issues Papers. · Completion of legislative workshop. · Legislator's involvement and cooperative actions. 21 INVESTOR RELATIONS Making a financial cornmigent to Sunrise Inland Empire -- Campaign for a New Millennium, is just the first step in reaching our goals. To truly be successful, we need continued personal involvement of campaign investors. INVESTOR COMMUNICATIONS The Inland Empire Economic Parmership will keep investors abreast of regional economic development news, Sunrise Inland Empire activities, job retention and expansion projects and other regional developments. Ongoing communications to campaign investors will include: Periodic personal visits by investor relations committee members. A quarterly investors newsletter, including updates on regional economic indicators, business expansion and retention initiatives, relocation prospects, marketing of regional image enhancement, media relations activities and current success stories. Continued support of the Inland Empire Quarterly Economic Report. An annual report on the campaign derailing the programs implemented, the success of those prograxr~ and the efforts planned for the coming year. INVESTOR ACTIVITIES Over the course of the five-year campaign, investors will be invited to attend special investor events. · An annual investors' reception where investors will receive a copy of the annual report and the status on major programs and initiatives of the year. · Regional economic development events, announcements and press conferences. · Business forums and networking sessions with other key investors in the campaign who can benefit from closer associations. · Semi-annual personal contact with a member of the Sunrise Inland Empire campaign staff to discuss issues or ideas of the investor. For those investors interested in taking a more active role in the Sunrise Inland Empire campaign, there will be oppommities for investors to serve as regional "ambassadors," host prospect tours and receptions, monitor networking sessions, or participate in special projects of the campaign. Image development activities and motivational events will also provide participation opportunities. 22 Inland Empire Economic Partnership Investor Relations STRATEGY Maintain strong relationships with IEEP investors. Ensure accurate reporting of organizational results on IEEP goals to investors. · Implement a formal investor calling program. · Attract new investors to the "Sunrise" program. Solicit active participation of IEEP committees. 1997 GOALS Reportable measurements and committee activities to be presented at Policy Group and Board meetings. Committee members and chairman/president to make regular visits to board members. Staff to prepare quarterly or semi-annual mailings to all members. Develop a top prospect list through member referrals and identification of fastest growing companies in region. ROLE OF COMMITTEE/STAFF · Membership will include Board and Executive Committee members. · Committee members will assist with investor calling program obtaining member feedback and developing investor reports. · Staff will support and manage regular IEEP investor relations program. EVALUATION CRITERIA · Feedback from investors. · Results of Calling Program, investor retention and number of new investors. · Annual funding level from all sources. 23 Investor Relations Committee Investor Relations STRATEGY · Maintain strong relationships with IEEP investors. · Ensure accurate reporting of organizational results on IEEP goals to investors. · Implement a formal investor calling program. · Attract new investors to the "Sunrise" program. · Solicit active participation of IEEP committees. 1997 GOALS Reportable measurements and committee activities to be presented at Policy Group and Board meetings. Committee members and chainran/president to make regular visits to board members. Develop a top prospect list through member referrals and identification of fastest growing companies in region. ROLE OF COMMITTEE/STAFF Membership will include Board and Executive Committee members. Committee members will assist with investor calling program ob~irLing member feedback and developing investor reports. EVALUATION CRITERIA · Feedback from investors. · Results of Calling Program, investor retention and number of new investors. · Annual funding level from all sources. 24 ~ o z° Z o~: w© Z Z o § ~- z 0 '~ Z 0 © o~ u~ Z o z~ 25 26 JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY ITEM 3 APPROVAL CITY ATTORNEY FINANCE DI RECT~_R,~~. CITY MANAGER TO: FROM: DATE: SUBJECT: · TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Mary Jane McLarney, Redevelopment Director December 9, 1997 International Rectifier Fab-9 Owner Participation Agreement (OPA) RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION RESOLUTION NO. 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND INTERNATIONAL RECTIFIER, A CALIFORNIA CORPORATION DISCUSSION: International Rectifier, a local semiconductor manufacturer, has performed an extensive international site search for a planned expansion. The plant and equipment will cost 8160,000,000. An additional 170 employees will be added over the two year phase in period. The firm has requested RDA assistance in the form of property tax and development fee reimbursement. On July 9, 1996, Council directed staff to offer International Rectifier a 50% reimbursement of RDA tax increment generated for 10 years and reimbursement of Community Development fees in connection with a planned expansion. International Rectifier accepted Council's offer. Due to the length of the construction period, International Rectifier has asked for language in the OPA for a phase-in period for job creation so that the jobs will be added over a two year period. International Rectifier was offered financial grants and inducements from forei9n countries worth not less than $25,000,000 to locate the facility outside the United States. In order to induce the owner to develop the facility in the United States, specifically in the City of Temecula, it is necessary that incentives be offered to the owner at a local level. The reimbursement shall be paid for the July 1 - June 30 fiscal year following issuance of the Certificate of Completion, and annually thereafter. The reimbursement of net tax Increment shall be reduced on a proportional basis to the extent Owner fails to add and continuously employ on the Site at least 170 full-time additional employees above the base line of 534 employees. Owner shall have 70 additional employees within one (1) year following issuance of the Certificate of Completion, 100 additional employees within two (2) years following Certificate of Completion but in no event later than March 2000, and continuously employ them for the subsequent nine (9) years. Agency shall reimburse the owner for all fees actually paid to the City for land use entitlements, permits, and building and grading permits to a maximum of $100,000. If the Agency should lack sufficient funds in the first year to fully reimburse the $100,000 the unpaid reimbursement shall be deferred to the next fiscal year(s) until the Agency has paid the deferred reimbursement. No reimbursements were paid under the 1994 OPA as the company did not achieve their employment commitments to the Agency. FISCAL IMPACT: A $160,000,000 expansion will generate $1,600,000 million in new increment. The Agency's share is approximately 18.4%. All payments are contingent upon International Rectifier employing 170 new full time workers. RESOLUTION NO. 97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMF. CULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND ~TERNATIONAL RECTIFIER COIGOORATION, A CALIFORNIA CORPORATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES I-IEREBY DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. International Rectifier Corporation (Participant) presently has on the Site one building of approximately 307,000 square feet used to manufacture semiconductors. Participant proposes to expand its operations by constructing an additional 30,000 square feet on the Site the 'Facility" to manufacture semiconductors. B. Participant represents to the City Council that construction and equipping of the Facility will result in an initial increase in the assessed value of the Site of approximately $160,000,000. C. Participant presently employs Five Hundred and Thirty Four (534) full-time employees at the 41915 Business Park Drive Site. Participant proposes to employ One Hundred Seventy (170) new full-time employees consisting of 65 technical positions, 30 management and professional positions, and 75 skilled labor positions with an average annual salary estimated to be $32,000 by December 1999. D. Participant was offered financial grants and inducements from foreign countries worth not less than $25,000,000 to locate the Facility outside the United States. E. In order to induce Participant to expand the Facility in Temecula and add one hundred seventy (170) new employees, the following steps will be taken: 1. Following the issuance of the Certificate of Completion, the City shall reimburse Owner Fifty Percent (50%) of the Net Tax Increment for ten (10) years. The reimbursement shall be paid for the July 1- July 30 fiscal year thereafter. By way of example, if the Certificate of Completion is issued on January 1, 1998, the first reimbursement period will be July 1, 1998 through June 30, 1999. R: \$YER8IGRE8OSHNTFAB9 .cTr 1211197 2. The reimbursement of net Tax Increment shall be paid following: (a) The submission from Participant of (I) evidence of payment of ad valorem property taxes for the fiscal year for which reimbursement is sought; (ii) information regarding employment pursuant to Section 2.1D of the Owner Participation Agreement, ('fii) approval of the City report referred to at Section 2.1F of the Owner Participation Report; and Co) Sixty (60) days after City receipt of the Property Tax Increment from the County. 3. The City's obligation to reimburse Participant shall be subordinate to all written agreements of the City in effect as of the date of this Agreement. If the City should lack sufficient funds in any year to fully reimburse participant due to such existing agreements, then such unpaid reimbursement shall be deferred until the next fiscal year until City has sufficient funds to pay such deferred reimbursement. 4. The reimbursement of Net Tax Increment shall be reduced on a proportional basis to the extent Owner fails to add and continuously employ on the Site at least 170 full-time additional employees above the base line of 534 employees. Owner shall have 70 additional employees within one (1) year following issuance of the Certificate of Completion, 100 additional employees within two (2) years following Certificate of Completion, but in no event later than March 2000, and continuously employ them for the subsequent nine (9) years. F. Pursuant to § 3~.~.~..6 of the California Community Redevelopment Law, the City finds that the proposed financial assistance is necessary for the economic feasibility expansion of International Rectifier Corporation in the City of Temecula; and that the expansion assistance could not be obtained on economically feasible terms from the private market and will assist in removing blight in the Project Area. G. This project is exempt from the provisions of the California Environmental Quality Act on the grounds that the impacts of an City action such as this were part of the EIR for Plan approval pursuant to CEQA buildings § 15180. The Council finds that no facts exist to justify a subsequent or supplemental EIR under CEQA Guidelines § 15162 and 15163. Section 2. Based upon the above findings, the City of the City of Temecula hereby consents to the approval of the Owner participation Agreement by and between the City of Temecula and International Rectifier Corporation, a California Corporation in substantially the form attached hereto as Exhibit A. R:\SYP_.RS~~AB9.crr 12/1197 k~s PASSED, APPROVED AND ADOPTED, by the City of Temecula at a regular meeting on the 09 day of December 1997. Karel F. Lindemans, Chairperson ATTEST: June S. Greek STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I, June $. Greek, City Secretary of the City of Temecula, California, do hereby certify that Resolution No. 97-__ was duly and regularly adopted by the City of the City of Temecula at a regular meeting thereof held on the 09 day of December, 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: r:\syersk~reso.ams June S. Greek City Clerk R: \8YERSIGRF_,SOSklNTFAB9.C1T 12/1197 RESOLUTION NO. RDA- 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND INTERNATIONAL RECTWIER CORPORATION, A CALIFORNIA CORPORATION THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Findings. The Redevelopment Agency of the City of Temecula hereby makes the following findings: A. International Rectifier Corporation (Participan0 presently has on the Site one building of approximately 307,000 square feet used to manufacture semiconductors. Participant proposes to expand its operations by constructing an additional 30,000 square feet on the Site the "Facility" to manufacture semiconductors. B. Participant represents to Agency that construction and equipping of the Facility will result in an initial increase in the assessed value of the Site of approximately $160,000,000. C. Participant presently employs Five Hundred and Thirty Four (534) full-time employees at the 41915 Business Park Drive Site. Participant proposes to employ One Hundred Seventy (170) new full-time employees consisting of 65 technical positions, 30 management and professional positions, and 75 sldlled labor positions with an average annual salary estimated to be $32,000 by December 1999. D. Participant was offered financial grants and inducements from foreign countries worth not less than $25,000,000 to locate the Facility outside the United States. E. In order to induce Participant to expand the Facility in Temecula and add one hundred seventy (170) new employees, the following steps will be taken: 1. Following the issuance of the Certificate of Completion, the Agency shall reimburse Owner Fifty Percent (50%) of the Net Tax Increment for ten (10) years. The reimbursement shall be paid for the July 1- July 30 fiscal year thereafter. By way of example, if the Certificate of Completion is issued on January 1, 1998, the first reimbursement period will be July 1, 1998 through June 30, 1999. 2. The reimbursement of net Tax Increment shall be paid following: R:~SYERSIC~RESOS~AB9.ACY 12/1/97 kl~ (a) The submission from Participant of (I) evidence of payment of ad valorem property taxes for the fiscal year for which reimbursement is sought; (ii) information regarding employment pursuant to Section 2.1D of the Owner Participation Agreement, (iii) approval of the Agency report referred to at Section 2.1F of the Owner Participation Report; and Sixty (60) days after Agency receipt of the Property Tax Increment from the County. 3. The Agency's obligation to reimburse Participant shall be subordinate to all written agreements of the Agency in effect as of the date of this Agreement. If the Agency should lack sufficient funds in any year to fully reimburse participant due to such existing agreements, then such unpaid reimbursement shall be deferred until the next fiscal year until Agency has sufficient funds to pay such deferred reimbursement. 4. The reimbursement of Net Tax Increment shall be reduced on a proportional basis to the extent Owner fails to add and continuously employ on the Site at least 170 full- time additional employees above the base line of 534 employees. Owner shall have 70 additional employees within one (1) year following issuance of the Certificate of Completion, 100 additional employees within two (2) years following Certificate of Completion, but in no event later than March 2000, and continuously employ them for the subsequent nine (9) years. F. Pursuant to § 33444.6 of the California Community Redevelopment Law, the Redevelopment Agency finds that the proposed financial assistance is necessary for the economic feasibility expansion of International Rectifier Corporation in the City of Temecula; and that the expansion assistance could not be obtained on economically feasible terms from the private market and will assist in removing blight in the Project Area. G. This project is exempt from the provisions of the California Environmental Quality Act on the grounds that the impacts of an Agency action such as this were part of the EIR for Plan approval pursuant to CEQA buildings § 15180. The Council finds that no facts exist to justify a subsequent or supplemental EIR under CEQA Guidelines § 15162 and 15163. Section 2. Based upon the above findings, the Redevelopment Agency of the City of Temecula hereby approves the Owner Participant Agreement by and between the Redevelopment Agency of the City of Temeeula, the City of Temecula and International Rectifier Corporation, a California Corporation in substantially the form attached hereto as Exhibit A. R:XSYERSKLRE$OS~INTFAB9.ACY 12/1/97 PASSED, APPROVED AND ADOPTED, by the Redevelopment Agency of the City of Temecula at a regular meeting on the 09 day of December 1997. Karel F. Lindemans, Chairperson ATTEST: June S. Greek STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I, June S. Greek, Agency Secretary of the City of Temecula, California, do hereby certify that Resolution No. 97-m was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 09 day of December, 1997, by the following vote: AGENCYMEMBERS: NOES: AGENCYMEMBERS: ABSENT: AGENCYMEMBERS: ABSTAIN: AGENCYMEMBERS: June S. Greek City Clerk R:~YF.I~IGRI~50 ~IN'rFAB9. ACY 12/1/7/ RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention: Agency Secretary/City Clerk EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 OWNER PARTICIPATION AGREEMENT by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, THE CITY OF TEMECULA and INTERNATIONAL RECTIFIER CORPORATION, a Delaware Corporation DATED: December 9, 1997 TEMECULA REDEVELOPMENT PROJECT AREA 1988-1 INTERNATIONAL RECTIFIER~ INC. OWNER PARTICIPATION AGREEMENT TABLE OF CONTENTS ARTICLE I Section 1.1 Section 1.2 Section 1.3 Section 1.4 Section 1.5 Section 1.6 Section 1.7 ARTICLE II Section 2.1 Section 2.2 Section 2.3 ARTICLE III Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 SUBJECT OF AGREEMENT Purpose of Agreement The Redevelopment Plan The Site Parties to the Agreement Prohibition Against Change in Ownership, Management and Control of Owner Contract Documents Definitions ¢IT¥ AND AGENCY ASSISTANCE FOR ~QN~TRUCTION OF THE FACILITY BY OWNER Agency Assistance City Assistance Conditions to the Obligations of the Parties OWNER WARRANTIES AND OBLIGATIONS REGARDING DEVELOPMENT AND OPERATION OF THE SITE Owner Warranties Scope of Development Construction Drawings And Related Documents Cost of Construction Construction Schedule Indemnity and Insurance - I - Paae -- 1 p:~greemen~opa. ir 12/1/97 Section 3.7 Section 3.8 Section 3.9 Section 3.10 Section 3.11 Section 3.12 ARTICLE IV Section 4.1 Section 4.2 Section 4.3 ARTICLE V Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 ARTICLE VI Section 6.1 Section 6.2 Section 6.3 Section 6.4 City and Other Governmental Agency Permits Local, State and Federal Laws Antidiscrimination During Construction Taxes, Assessments, Encumbrances and Liens Prohibition Against Transfer of The Site, the Buildings or Structures Therein and Assignment of Agreement Certificate of Completion USE OF SITE Uses Covenants for Non-Discrimination Continuation of Covenants GENERAL PROVISIONS Notices, Demands and Communications Among the Parties Conflicts of Interest Enforced Delay; Extension of Times of Performance Non-liability of Officials and Employees of the City and the Agency Inspection of Books and Records DEFAULTS AND REMEDIES Defaults -- General Legal Actions Rights and Remedies Are Cumulative Inaction Not a Waiver of Default 10 10 10 10 10 11 12 12 12 13 14 14 14 14 15 15 15 15 16 17 17 - ii- p:~reemen~a. ir 12/1/97 Section 6.5 Section 6.6 ARTICLE VII Section 7.1 Section 7.2 Section 7.3 Damages Specific Performance SPECIAL PROVISIONS Amendments to this Agreement Entire Agreement, Waivers & General Time For Acceptance Of Agreement By Owner 17 17 17 17 17 18 -iii- p:'mtp'ccmcnR~m. ir 12/1/97 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (the "Agency"), CITY OF TEMECULA ("City") and INTERNATIONAL RECTIFIER CORPORATION, a Delaware Corporation (the "Owner") and is dated and effective as of December 9,1997. In consideration of the mutual covenants and agreements contained herein, the Agency, City and Owner hereby agree as follows: ARTICLE I SUBJECT OF AGREEMENT Section 1.1 Purpose of Aareement -- -- A. The purpose of this Agreement is to effectuate the Redevelopment Plan (hereinafter "Plan") for the Temecula Redevelopment Project Area 1988-1 (hereafter "Project Area") by providing for the redevelopment of certain property, hereinafter described, located in the Project Area, in accordance with the Plan. B. The real property to be redeveloped pursuant to this Agreement (the "Site") is generally described as 41915 Business Park Drive, Temecula, California, and is specifically described and depicted on Exhibit No. 1 and Exhibit No. 2. C. This Agreement is entered into for the purpose of redeveloping the Site and not for speculation in land holding. D. Completing the redevelopment on the Site pursuant to this Agreement is in the vital and best interest of the City of Temecula, California and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws. E. This Agreement pertains to and affects the ability of the Agency to finance its statutory obligations and for all parties to finance and carry out the purposes of this Agreement and the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. F. (1) Owner presently has on the Site one building of approximately 307,000 square feet used to manufacture semiconductors. Owner is employing 534 full-time employees in said building after the assembly operation is moved off-site as of April 1997. Owner proposes to expand its operations by constructing on the Site the "Facility," as defined at Section 1.7.B. (2) Owner proposes to construct an additional 30,000 square feet to manufacture semiconductors. G. Owner was offered financial grants and inducements from foreign countries worth not less than $25,000,000 to locate the Facility outside the United States. In order to induce Owner to develop the Facility in the United States, specifically in the City of Temecula, it is necessary that incentives be offered Owner at a local level. H. Owner represents to Agency that construction and equipping of the Facility will result in an initial increase in the assessed value of the Site of approximately $160,000,000 and that once fully equipped and operating, the Facility will create a total of 170 new, full-time jobs, estimated to consist of 65 technical positions, 30 management and professional positions, and 75 skilled labor positions with an average annual salary estimated to be $32,000 by December 1999. I. Completing the redevelopment of this Site as described in this Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that the Project will (1) generate new employment opportunities and development opportunities in the Project Area, (2) retain a significant manufacturing facility within the Project Area so as to reduce the potential for vacancies within the Project Area, (3) assist the continued development of the high tech manufacturing sector of the economy within the Project Area, and (4) encourage and provide for the development of Project Area. Pursuant to Section 33444.6 of the California Community Redevelopment Law, the Agency further finds and determines that proposed financial assistance is necessary for the economic feasibility of the expansion of Owner's facility within the Project Area and that the assistance could not be obtained on economically feasible terms from the private market. Section 1.2 The Redevelopment Plan The Redevelopment Plan was approved by Ordinance No. 658 of the Board of Supervisors of Riverside County on July 12, 1988, prior to incorporation of the City of Temecula. Pursuant to City Ordinance No. 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Plan. Said Ordinances had the effect of adopting the Plan and transferring jurisdiction over said Plan to the Agency, as of July 1, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Code. ~,:~r~-m~,~.i~ 2 12/1/97 Section The site is shown on the site Parcel Map and described in the "Legal Description," which are attached hereto as Exhibit Nos. I and 2, respectively. Owner is the owner of the "Site." Section 1.4 ~arties to the Agreement A. The A~encv -- -- The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Section 33000, et seq., Health and Safety Code; hereinafter "Act"). The principal office and mailing address of the Agency is located at 43200 Business Park Drive, Temecula, California 92590, P.O. Box 9033, Temecula, California 92589- 9033. All references to approvals by the Agency shall mean the Agency Board, unless another Agency Office is specifically designated in this Resolution. The City is a general law city located in Riverside County, California. All references to approvals by the City shall mean the City Council of the City, unless another City Commission or Officer is specifically designated in this Agreement. C. The Owner The Owner is a Delaware corporation duly organized and existing under the laws of the State of Delaware. The principal office and mailing address of the Owner is: International Rectifier Corporation, 233 Kansas Street, E1 Segundo, California 90245-9014. Section 1.5 Prohibition Against Change in Ownership~ Management and Control of Owner -- The qualifications and identity of Owner is of particular concern to the City and Agency. It is because of its qualifications and identity that the City and Agency have entered into this Agreement with the Owner. Therefore, no voluntary or involuntary successor in interest of the Owner shall acquire any rights or powers under this Agreement except as expressly set forth herein. The Owner shall not assign all or any of its rights or duties under this Agreement nor convey the Site without the prior written approval of the City and Agency, which consent the City and Agency shall not unreasonably withhold, provided the City and Agency determine that the successor is similarly qualified and has specifically agreed in writing to be bound by the provisions of this Agreement. City and Agency consent shall not be required for an assignment or conveyance to an entity wholly owned by Owner. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Owner and the permitted successors and assigns of the Owner. Whenever the term "Owner" is used herein, such term shall include any other lawful successors in interest of Owner. Section 1.6 Contract Documents The Contract Documents are part of this Agreement, and each of which are incorporated herein by this reference, are as follows: Exhibit No. 1 Site Parcel Map Exhibit No. 2 Legal Description of Site Exhibit No. 3 Schedule of Performance Exhibit No. 4 Scope of Development Section 1.7 Definitions A. The term "Net Tax Increment" shall mean that portion of the ad valorem property taxes resulting from the increase in assessed valuation in the Site resulting from the construction and equipping of the Facility as defined in Health and Safety Code Section 33670 occurring after the effective date of this Agreement and through the end of the term of this Agreement, less the following amounts: The property tax increment passed-through to local agencies pursuant to Health and Safety Code Section 33401; and (ii) The property tax increment set-aside for low/moderate income housing pursuant to Health and Safety Code Section 33334.2. Net Tax Increment shall mean only those taxes collected as a result of the one percent (1%) levy allowed under Article XIIIA of the Constitution of the State of California and shall not include those taxes levied in excess of the one percent (1%) levy. B. The term "Facility" shall mean refurbishment of an existing building and construction of new buildings constructed on the Site consisting of a total of approximately 30,000 square p:%s~,~'n~nU~:sa.i,' 4 12/1/97 feet including equipment to be used for manufacturing semiconductors or substantially similar products. ARTICLE II CITY AND AGENCY ASSISTANCE FOR CONSTRUCTION OF THE FACILITY BY OWNER Section 2.1 Agency Assistance The Agency shall provide the following assistance towards construction, equipping and operation of the Facility: A. Following issuance of the Certificate of Completion pursuant to Section 3.12, the Agency shall reimburse Owner Fifty Percent (50%) of the Net Tax Increment for ten (10) years. The reimbursement shall be paid for the July 1 - June 30 fiscal year following issuance of the Certificate of Completion, and annually thereafter. By way of example, if the Certificate of Completion is issued on January 1, 1998, the first reimbursement period will be July 1, 1998 through June 30, 1999. B. The reimbursement of Net Tax Increment shall be paid following: (a) The submission from Owner of (I) evidence of payment of ad valorem property taxes for the fiscal year for which reimbursement is sought; (ii) information regarding employment pursuant to Section 2.1D; and, (iii) approval of the Agency report referred to at Section 2.1F; and (b) Sixty (60) days after Agency receipt of the Property Tax Increment from the County. C. The Agency's obligation to reimburse Owner shall be subordinate to all written agreements of the Agency in effect as of the date of this Agreement. If the Agency should lack sufficient funds in any year to fully reimburse Owner due to such existing agreements, then such unpaid reimbursement shall be deferred until the next fiscal year until Agency has sufficient funds to pay such deferred reimbursement. D. The reimbursement of Net Tax Increment shall be reduced on a proportional basis to the extent Owner fails to add and continuously employ on the Site at least 170 full-time additional employees above the base line of 534 employees. Owner shall have 70 additional employees within one (1) year following issuance of the Phase 1 Certificate of Completion, 100 additional employees within two (2) years following Phase II Certificate of Completion but in no event later than March 2000, and continuously employ them for the subsequent nine (9) years. By way of example, if p:~t'eemcn\opa. h' 5 12/1/97 only 85 employees are added, then the reimbursement of Fifty Percent (50%) of the Net Tax Increment shall be reduced by one- half (85/170 = .5); if only 113 new employees are added, the reimbursement shall be reduced by one-third (113/170 = .666). Prior to the issuance of the Certificate of Completion, and annually thereafter, Owner shall provide Agency with such information as the Agency may reasonably require regarding employment on the Site. The number of additional full-time employees shall be determined by measuring the increase in the average number of full-time employees during the fiscal year for which reimbursement of Fifty Percent of the Net Tax Increment is sought above the base line of 534 full-time employees. The average number of full-time employees shall be the sum of the number of full-time employees at the end of each quarter of the fiscal year, divided by four. In order to permit a single retooling or refurbishment of the Site during the ten (10) years following issuance of the Certificate of Completion, the Owner may be excused for a single, three hundred sixty (360) day period from the requirement that Owner continuously employ 170 additional full-time employees. Prior to invoking this exception, Owner shall provide the Executive Director of the Agency with at least ninety (90) days written notice of the retooling or refurbishment plan. E. Agency shall reimburse Owner for all fees actually paid to City for land use entitlements, permits, and building and grading permits to a maximum of $100,000. This reimbursement shall be paid exclusively from the Net Tax Increment received by the Agency following issuance of the Certificate of Completion, after deduction of the reimbursement paid pursuant to Subsection A, above. If Agency should lack sufficient funds in the first year to fully reimburse the $100,000 then such unpaid reimbursement shall be deferred to the next fiscal year(s) until Agency has paid such deferred reimbursement. F. It is understood by the Owner and Agency that the assessed value of the equipment in the Facility will decline after initial installation due to depreciation. Owner shall provide Agency with an inventory of the assessed value of all of the equipment on the Site, separately itemized for equipment installed in the Facility and equipment installed in the other buildings on the Site. The Net Tax Increment shall be determined only from the assessed value of the Facility itself including equipment installed in the Facility, subject to the annual reassessment of the Facility and its equipment by the Riverside County Assessor. Based on the inventory reports provided by the Owner, and the annual assessment by the County Assessor, Agency shall p :%~l'~'m~pa.k 6 12/1/97 notify Owner of the calculation of Net Tax Increment. The report with respect to Net Tax Increment ~hall be ~ent to Owner within thirty (30) days of receipt by the Agency of the Net Tax Increment payment for the fiscal year from Riverside County. Owner shall have thirty (30) days from the date of the report to verify the information and to accept it or make a written objection to it. The notice shall specifically provide that if not responded to within thirty (30) days, the report shall be deemed accepted in accordance with the Subsection. The written objection shall specify in detail the nature of the inaccuracy. If no written objection or acceptance is received by the Agency during the said thirty (30) day period, the report shall be deemed accurate by Owner and Agency and no subsequent objection shall be made by Owner or Agency. The Owner and Agency may enter into a written agreement providing for an alternative method for verifying assessed value. Section 2.2 City Assistance -- A. The City will use its best efforts to expedite all applications for land use entitlements and grading and building permits for the Facility. The City will provide a twenty-four (24) hour building inspection turn around. This Section sets forth the only obligation of the City with respect to assisting the Owner with the Facility and Owner agrees and acknowledges that City shall have no liability for the assistance described to be provided by the Agency pursuant to the terms of this Agreement. Section 2.3 Conditions to the Obliaations of the -- The obligations of the parties to render assistance to each other pursuant to the terms and conditions of this Agreement are subject to the condition that the Owner obtain approval of the land use entitlements for the Facility by the time specified in Exhibit 3. Should this condition not be satisfied within the time specified, then this Agreement shall terminate. p :~rc~-'mc!l~a. ir 7 12/1/97 ARTICLE III OWNER WARRANTIES AND OBLIGATIONS REGARDING DEVELOPMENT AND OPERATION OF THE SITE Section 3.1 Owner Warranties Owner warrants and represents that any information it has supplied to the City and Agency pertaining to past and present financial circumstances of the International Rectifier Corporation is true, correct and complete in all material respects. Owner represents that any projection including, but not limited to, the financial and other information concerning the projected increase in the assessed value of the Site and projected job creation resulting from the Facility contained at Section 1.1, is true, correct and complete in all material respects according to the best available information. Section 3.2 Scope of Development -- -- A. Owner shall construct on the Site the Facility. Owner shall operate the Facility to produce semiconductors or substantially similar products for at least ten years after a Certificate of Completion is issued for the Facility. B. The Facility shall be developed on the Site within the general controls established in the Scope of Development, the approvals of Agency described herein and of the City as required by the Temecula Municipal Code, and related laws governing municipal planning, zoning and subdivision. Section 3.3 Construction Drawings and Related Documents The Owner shall prepare and submit construction drawings, specifications and related documents for the Facility to the City for review pursuant to the Temecula Municipal Code. Section 3.4 Cost of Construction The cost of developing the Facility on the Site shall be borne by the Owner. Section 3.5 Construction Schedule The Owner shall promptly begin and thereafter diligently prosecute to completion the construction of the Facility on the Site in accordance with the Schedule of Performance. The Owner shall begin and complete all construction and development within the times specified in the Schedule of Performance or such reasonable extension of said dates as may be granted by the Agency. The Schedule of Performance is subject to revision from p:~reemen~opa. ir 8 12/1/97 time-to-time as mutually agreed upon in writing between the Owner and the City and Agency. Section 3.6 Indemnity and Insurance The Owner shall defend, indemnify, assume all responsibility for and hold the Agency and the City, and their respective elected and appointed officers and employees, harmless from all costs (including attorneys fees and costs), claims, demands, liabilities and judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the Owner's activities under this Agreement, whether such activities or performance thereof be by the Owner or anyone directly or indirectly employed or contracted with by the Owner 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, remediation, 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.], the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et seq.] and California Health and Safety Code Section 25280 et seq. at any place where Owner owns or has control of real property pursuant to any of Owner's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify the Agency and the City from liability. B. Not in derogation of the indemnity provisions of Subsection A of this Section, the Owner shall take out and maintain during the period set forth in Subsection E, a comprehensive liability policy in the amount of at least Three Million Dollars ($3,000,000) for any person, Five Million Dollars ($5,000,000) for any occurrence, and One Million Dollars ($1,000,000) for property damage naming the City and Agency as additional insureds. C. The Owner shall furnish a certificate of insurance signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage. This certificate of insurance shall name the City and the Agency and their respective officers, agents, and employees as additional insureds under the policy. Coverage provided hereunder by the Owner shall be primary insurance and not contributing with any insurance maintained by the Agency or City, and the policy shall contain such an endorsement. The required certificate shall be p:~r~-m~.ir 9 12/1/97 filed with the Agency prior to commencement of construction. D. The Owner shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. E. The insurance obligations set forth in this Section shall remain in effect only until a final Certificate of Completion has been furnished for construction of the Facility as provided in this Agreement. Section 3.7 City and Other Governmental Agency Permits A. Before commencement of construction or development of any buildings, structures or other work of improvement the Owner shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work. The Agency shall provide all proper assistance to the Owner in securing these permits. B. The Owner assumes all responsibility for taking all actions necessary to comply with the Subdivision Map Act (Government Code §66410, et seq.) And local subdivision enactments related thereto in order to comply with the scope of development. Section 3.8 Local~ State and Federal Laws The Owner shall carry out the provisions of this Agreement in conformity with all local, state and federal laws and regulations, including, without limitation, such laws and regulations pertaining to the payment of prevailing wages which might be applicable to its obligations. Section 3.9 Antidiscrimination Durina Construction -- The Owner, for itself and its successors and assigns, agrees that in the construction of the improvements provided for in this Agreement, the Owner shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. Section 3.10 Taxes~ Assessments. Encumbrances and Liens The Owner shall pay when due all property taxes and assessments on the Site. p:~ttp~mcn~ptir 10 lz,~/~? Section 3.11 Prohibition AGainst Transfer of the Site. the -- Buildinas or Structures Therein and -- AssiGnment of AGreement _ -- Prior to the issuance of a Certificate of Completion pursuant to this Agreement for the Facility, the Owner shall not, make any total or partial sale, transfer, conveyance, assignment or lease of the whole or any part of the Site or of the Facility except as permitted by Section 1.5 of this Agreement. This prohibition shall not be deemed to prevent the granting of temporary or permanent easements or permits to facilitate the development of the Site, or the sale of personal property in the normal course of business. Section 3.12 Certificate of Completion -- A. The Agency shall furnish the Owner with a Certificate of Completion following: (I) completion of construction of the Facility; and, Phase 1 & II equipment; and, (ii) completion of reassessment proceedings resulting in an increase of the assessed value of the Site of not less than Forty Million Dollars ($40,000,000) for Phase I and One Hundred Twenty Million for Phase II ($120,000,000). The Agency shall not unreasonably withhold any such Certificate of Completion. Such Certificate of Completion shall be a conclusive determination of satisfactory completion of the construction required by this Agreement upon the Site and the Certificate of Completion shall so state. B. The Certificate of Completion shall be in such form as to permit it to be recorded in the Recorder's Office of Riverside County. C. If the Agency refuses or fails to furnish the Certificate of Completion, after written request from the Owner, the Agency shall, within thirty (30) days of written request therefor, provide the Owner with a written statement of the reasons the Agency refused or failed to furnish a Certificate of Completion. The statement shall also contain Agency's opinion of the actions Owner must take to obtain a Certificate of Completion. Upon completing the actions set forth in the statement to the reasonable satisfaction of the Agency, the Agency shall issue the Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific items or materials for landscaping, the Agency shall issue its Certificate of Completion upon the posting of a bond by the Owner with the Agency in an amount representing the fair value of the work not yet completed. If the Agency shall have failed to provide such written statement within said thirty (30) day period, the Owner shall be deemed entitled to the Certificate of Completion. D. Such Certificate of ComDletion shall not constitute evidence of compliance with or satisfaction of any obligation of the Owner to any holder of any deed of trust securing money loaned to finance the improvements, or any part thereof. Such Certificate of Completion is not a notice of completion as referred to in the California Civil Code, Section 3093. ARTICLE IV USE OF THE SITE Section 4.1 Uses The Owner covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Site or any part thereof, that the Owner, and such successors and such assignees, shall devote the Facility to manufacturing semiconductors or similar products that require "clean room" facilities for ten (10) years following issuance of the Certificate of Completion for the Facility. Section 4.2 Covenants for Non-Discrimination A. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on accounts of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyments of the Site, nor shall the Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. B. The Owner shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, sex, marital status, handicap, national original or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or p:~r~-m~n~ptir 12 ~/97 through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In Leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises" · C. The covenants established in this Section and the deeds shall, without regard to technical classification and designation, be binding for the benefit and in favor of the City and the Agency, and their successors and assigns. Section 4.3 Continuation of Covenants A. The covenants established pursuant to this Agreement shall be deemed to be covenants running with the land for the benefit of the City, the Project Area and the Agency in carrying out its statutory responsibilities under California Redevelopment Act (Health and Safety Code Sections 33000 et seq.) To implement the Redevelopment Plan. B. Covenants relating to construction of the Facility p:~r~-m~n~pa./r 1 3 12/1/97 shall expire upon the issuance by Agency of a Certificate of Completion as to the Facility. Covenants relating to the use of the Site and the Facility shall expire at the end of the tenth (10th) year following issuance of a Certificate of Completion for the Site. The covenant against 4iscrimination shall remain in place for the term of the Plan. C. The City and the Agency, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Agreement shall be for the benefit of and shall be enforceable only by the City and the Agency and its successors. ARTICLE V GENERAL PROVISIONS Section 5.1 Notices~ Demands and Communications Among the Parties Written notices, demands and communications among the City, the Agency and the Owner, shall be sufficiently given by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the City, the Agency or the Owner described in Section 1.4. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be deemed to have been received as of the date of such services. Section 5.2 Conflicts of Interest The Owner warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or Agency any money or other consideration for obtaining this Agreement. Section 5.3 Enforced Delay: Extension of Times of _ ~ Performance A. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where the party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the party such as, but not limited to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; intergalactic invasion; lack of transportation; litigation; unusually severe weather; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. B. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. C. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City, the Agency and the Owner. Section 5.4 Non-liability of Officials and Employees of the City and the Agency No member, official or employee of the Agency or the City shall be personally liable to the Owner, or any successor in interest, pursuant to the provisions of this Agreement, nor for any default or breach by the Agency or the City. Section 5.5 Inspection of Books and Records -- Each party has the right to inspect, at reasonable times, the books and records of the other parties pertaining to the Site as pertinent to the purposes of this Agreement. ARTICLE VI DEFAULTS AND REMEDIES Section 6.1 D~faults -- General A. A default in the performance of any promise or any obligation imposed upon the City, the Agency or Owner, shall not constitute a breach of this Agreement unless the party in default fails to cure such default within thirty (30) days after the written notice of default had been served. B. The City, Agency or Owner shall have the right to terminate this Agreement if any party is in default of this Agreement, as defined in Paragraph A hereof or if any of the following situations exist: 1. The Facility is destroyed or substantially damaged to the extent that it would be, in the reasonable discretion of p:~rcan~'n~q~ir 1 5 12/1/97 the City, economically unfeasible to repair. 2. The Owner ceases at any point during the term of this Agreement to operate the Facility to produce semiconductors or similar products that require "clean room" facilities for more than six (6) months, except as may be excused under Section 5.3. 3. The Owner ceases at any point during the term of this Agreement to employ at least twenty-five (25) full time employees (as defined at Section 2.1D) for at least one (1) year. 4. The initial increase in the assessed value of the Site as a result of the Facility is less than Forty Million Dollars ($40,000,000). 5. The Owner fails to start or complete the construction of the Facility within the time required by this Agreement. Section 6.2 Legal Actions A® Institution of Leaal Actions -- Any legal actions related to or arising out of this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or, if federal jurisdiction exists, in the Federal District Court in the Central District of California. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. B. Applicable Law -- -- The laws of the State of California shall govern the interpretation and enforcement of this Agreement. C. Acceptance of Service of Process 1. In the event that any legal action is commenced by the Owner against the City or the Agency, service of process on the City or the Agency shall be made by personal service upon the City Manager or Executive Director, respectively, or in such other manner as may be provided by law. 2. In the event that any legal action is commenced by the City or the Agency against the Owner, service of process on the Owner shall be made by personal service upon a corporate officer of the Owner and shall be valid whether made within or p:~reemenk~a. ir 16 without the State of California or in such other manner as may be provided by law. Section 6.3 Riahts and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Section 6.4 Inaction Not a Waiver of Default Any failures or delays by any party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Section 6.5 ~ If a default is not fully cured by the defaulting party as provided in Section 6.1, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. Section 6.6 Specific Performance If a default under this Agreement is not fully cured by the defaulting party as provided in Section 6.1, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. ARTICLE VII SPECIAL PROVISIONS Section 7.1 Amendments to this Aareement The parties agree to mutually consider reasonable requests for amendments to this Agreement which may be made by lending institutions, or financial consultants, provided said requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. Section 7.2 ER~ire Agreement, Waivers & General A. This Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 23 and Exhibits 1 through 4, which constitutes the entire understanding and agreement of the parties. B. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. That certain Owner Participation Agreement entered into by and between the Agency and the Owner on December 19, 1995 is hereby terminated and of no further force and effect. C. All amendments hereto must be in writing executed by the appropriate authorities of the Agency and the Owner. D. Both Parties are sophisticated buyers and sellers of real property and have participated in the drafting of this Agreement. Section 7.3 Time For Acceptance of Aareement Bv Owner _ -- -- This Agreement, when executed by the City and Agency and delivered to the Owner, must be authorized, executed and delivered by the Owner on or before thirty (30) days after signing and delivery of this Agreement by the City and Agency of this Agreement shall be void, except to the extent that the Executive Director of the Agency shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it shall have been signed by the Agency or the City whichever occurs later. IN WITNESS WHEREOF, the Agency and the Owner have signed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By' Chairman p:~agr~n~nt\opa. ir ] 8 12/3/97 ATTEST: By: June Greek Secretary APPROVED AS TO FORM: By- Peter M. Thorson Counsel to the Agency CITY OF TEMECULA By: Karel F. Lindemans Chairperson ATTEST: By: June Greek City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney p:%~recmcn~opa. ir 19 INTERNATIONAL RECTIFIER CORPORATION By: Name: Title: V:~umnc. n~.k 20 12/1/97 CERTIFICATE OF SECRETARY I, Lesley C. Kleveter, being the duly elected and acting Assistant Secretary of International Rectifier Corporation (the "Company"), a Delaware corporation, hereby certify and declare that the Board of Directors of International Rectifier Corporation, at a regularly scheduled meeting held on , passed the following Resolution: RESOLVED, THAT, I further certify and declare that said resolution is in full force and effect. Date: By: Lesley C. Kleveter 12/1/97 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared · proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 1997, before me, the undersigned, a · Notary Public in and for said State, personally appeared and , proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument as Chairman and Secretary, respectively, of the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, the public agency therein named, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Susan W. Jones EXHIBIT NO. 1 SITE MAP '.~ · · International Rectifier Location Map __ EXHIBIT 2 LEGAL DESCRIPTION OF SITE Parcel 5 in Parcel Map No. 19580-1, in the County of Riverside, State of California, as per map filed in Book 125, Pages 1 through 6, inclusive, of Parcel Maps, records of Riverside County. Approved by: AGENCY' · By' June S. Greek Redevelopment Agency Secretary OWNER: By: p:k~rccmcn~pe.ir 1~/1/97 EXHIBIT 3 SCHEDULE OF PERFORMANCE Permit to Construct 2/1198 Commence Construction 12/1/97 Certificate of Occupancy 9/]./98 Phase 1 Equipment Installation Completion (Certificate of Completion) 3/1/99 Phase 2 Equipment Installation Completion 3/1/00 p:~-men~optir 12/1/97 EXHIBIT 4 SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Site is generally located at 41915 Business Park Drive, Temecula, California. Owner shall construct and operate a 30,000 square foot manufacturing facility on the Site for the manufacture of semiconductors. II. DEVELOPMENT Owner shall construct or cause the construction of the Facility in compliance with the Temecula Municipal Code, and related laws governing planning, zoning and subdivisions. III. EASEMENTS Owner shall grant and permit or cause the granting and permission of all necessary and appropriate easements and rights for the development of the Site, including but not limited to temporary construction easements and easements and rights of vehicular access, pedestrian access, parking, structural support, sanitary sewers, storm drains, water, electrical power, telephone, natural gas, as are necessary for and consistent with the development as contemplated herein. IV. CONTROLS AND RESTRICTIONS - MISCELLANEOUS Controls and restrictions consistent with this Agreement including but not limited to minimum size parking spaces and minimum loading facilities shall be consistent with the Temecula Municipal Code. p:'~rccmcn~a. ir 12/1/97 ITEM 4 CITY ATTORNEY DIR. OF FINANCE' CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/Redevelopment Agency City Manager/Executive Director Ronald E. Bradley December 9, 1997 Formation of Joint Exercise of Powers Authority RECOMMENDATION: 1. That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA . That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA . That the City and the Redevelopment Agency execute the joint exercise of powers agreement creating the Westside Improvement Authority. BACKGROUND: Trigger Entertainment and Sports LLC, a California limited liability company ("Trigger"), has requested that a community facilities district be formed to assist in the financing of public infrastructure improvements and the potential acquisition of land in the Westside Specific Plan Area for public purposes. Trigger has agreed to pay all City out of R:INOR TONL IA GENDA St CFDA GNDA iS TFRP T- C. CFD 12/2/9 7 pocket expenses in connection with the proposed financing. City Staff, with the advice of the City's consultants, have recommended that various actions be taken in order to allow formal consideration of Trigger's request. Quint & Thimmig LLP, the City's Bond Counsel, has recommended that the City and the Redevelopment Agency form a joint exercise of powers authority in order to conduct the proceedings related to the proposed financing. Under California law, a joint exercise of powers authority is a separate legal entity from the public agencies that create it, and its debts and liabilities are not those of the public agencies that create the Joint Powers Authority. It is proposed that the City and the Redevelopment Agency form the Westside Improvement Authority (the "Authority"), which would then consider the formation of a community facilities district and the issuance of bonds necessary to finance the specific improvements and/or the land to be used for public benefit and public purposes. The bonds would only be sold when it is assured that Trigger will proceed with its development in the Westside Specific Plan Area. Because the Authority will be a separate legal entity from the City and the Redevelopment Agency, no funds or assets of the City or the Redevelopment Agency will be liable for the payment of debt service on any bonds issued by the Authority. The bonds will be secured solely by the proceeds of special taxes levied on land owned or controlled by Trigger in the Westside Area, or owned by others who will voluntarily participate in the financing district. The City Council members will act as the Board of Directors of the Authority, so that they can control all aspects of any Authority bond issue. It is expected that the Authority will form a community facilities district in connection with the proposed financing. The proposed financing structure will ensure that only properties included within the proposed community facilities district will be taxed to pay for the bonds, and the bonds will be payable solely from the proceeds of those taxes. The bonds will not be general obligations of the City or the~Redevelopment Agency, but only limited obligations of the Authority, payable from special taxes levied on land owned by Trigger and others who are requesting the formation of the community facilities district. DISCUSSION: In order to begin the process to consider the formation of the community facilities district and the issuance of the bonds, the following actions must occur: The City and the Redevelopment Agency each must consider the adoption of a resolution authorizing them to enter into a joint exercise of powers agreement to create the Westside Improvement Authority. Following the adoption of their respective resolutions, the appropriate officers of the City and the Redevelopment Agency must execute the joint exercise of powers agreement. The Westside Improvement Authority will then, by minute order, appoint a Chairperson, and consider adoption of a resolution with respect to meetings and other administrative matters. The Authority will also consider adoption of a resolution adopting local goals and policies for its Mello-Roos districts. Under applicable State law, a new community facilities district cannot be formed unless the entity which forms it has first adopted local goals and policies which satisfy certain requirements of law. The suggested local R:iNORTONL IA GENDASi CFDA GNDA IS TFRPT-C. CFD 12/2/9 7 goals and policies only pertain to the specific financings contemplated by the Authority, and would not apply to any community facilities district that may be created in the future by the City. The Westside Improvement Authority will then consider adoption of two resolutions of intention relative to the public improvements and land acquisition. These resolutions call for public hearings on January 13, 1998, on the formation of the community facilities district and the issuance of bonds for the district, and otherwise set forth a description of the improvements and land to be financed, the method by which special taxes will be levied to repay the debt incurred to complete the financing, the maximum principal amount of the debt, the employment of bond counsel and a special tax consultant to assist the Authority in forming the community facilities district, and the approval of other matters related thereto. The boundary map for the proposed CFD referenced in the resolutions contains all parcels that may be included in the CFD. No property owner other than those petitioning for the CFD will be included in the community facilities district. FISCAL IMPACT: Trigger has agreed to pay all out of pocket expenses incurred relative to the proposed financing and have posted a cash deposit with the City in the amount of $105,000. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. Neither the City nor the Redevelopment Agency will have any responsibility for the payment of debt service on any bonds issued by the Westside Improvement Authority. Attachments: Resolutions (2) Joint Exercise of Powers Agreement R: ~NOR TONL IA GEND A SI CFDA GNDA ~ S TFRP T- C. CFD 12/2/9 7 RESOLUTION NO. 97-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula (the "Agency") desire to assist in the provision of public capital improvements and the potential acquisition of land for public benefit and public purposes in the Westside area of the City, as contemplated by the Specific Plan for such area heretofore approved by ordinance of the City Council and otherwise to assist in the development of the proposed RogersDale project; and WHEREAS, in connection with such assistance, the City and the Agency propose to form a joint exercise of powers authorities pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, to exercise the powers of the City and the Agency, and to enable the use of financing techniques that may reduce local borrowing costs, and to otherwise promote the greater use of existing and new financial instruments and mechanisms, all in accordance with the financing of some of the improvements and land acquisition by and through a community facilities district to be formed by such joint powers authority; and WHEREAS, a form of joint exercise of powers agreement between the City and the Agency creating the Westside Improvement Authority (the "Joint Powers Agreement"), has been filed with the City Clerk, and the City Council, with the aid of City staff, have reviewed the Joint Powers Agreement; and WItEREAS, the City Council now desires to approve the Joint Powers Agreement, and to authorize its execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Formation of Joint Powers Authority. The City Council hereby authorizes the officers and staff members of the City to assist in the organization of a joint exercise of powers authority between the City and the Agency to be known as the "Westside Improvement Authority." The City Council hereby approves and authorizes the Mayor to execute and deliver and the City Clerk to attest the Joint Powers Agreement forming said joint exercise of powers authority, in the form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Joint Powers Agreement. R: ~VORTONL k4GENDASICFDAGNDA ~RCTYd-PA. CFD Section ~2. Official Actions. The Mayor, City Manager, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint exercise of powers authority, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of' them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 9th day of'December, 1997. Ron Roberts, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk [SEAL] R: WORTONL ~4(~£NDA~CFDAONDA ~RCTYJPA. CFD STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97-~ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of December, 1997, by the following roll call vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk R:WORTONLk,IGElqD.4,$ICFDAGNDAIRCITd'PA.CFD RESOLUTION NO. RDA 97-.__ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA WHEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") and the City of Temecula (the "City") desire to assist in the provision of public capital improvements and the potential acquisition of land for public benefit and public purposes in the Westside area of the City, as contemplated by the Specific Plan for such area heretofore approved by ordinance of the City Council and otherwise to assist in the development of the proposed RogersDale project; and WHEREAS, in connection with such assistance, the Agency and the City propose to form a joint exercise of powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, to exercise the powers of the Agency and the City, and to enable the use of financing techniques that may reduce local borrowing costs, and to otherwise promote the greater use of existing and new financial instruments and mechanisms, all in connection with the financing of some of the improvements and land acquisition by and through a community facilities district to be formed by such joint powers authority; and WHEREAS, a form ofjoint exercise of powers agreement between the Agency and the City creating the Westside Improvement Authority (the "Joint Powers Agreement"), has been filed with the Secretary of the Agency, and the members of the Governing Board of the Agency, with the aid of Agency staff, have reviewed the Joint Powers Agreement and now desire to approve it and authorize its execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Temecula as follows: Section 1. Formation of Joint Powers Authority. The Governing Board of the Agency hereby authorizes the officers and staff members of the Agency to assist in the organization of a joint exercise of powers authority between the Agency and the City, to be known as the "Westside Improvement Authority." The Governing Board of the Agency hereby approves and authorizes the Chairperson to execute and deliver and the Secretary to attest the Joint Powers Agreement forming said joint exercise of powers authority, in the form on file with the Secretary together with any changes therein deemed advisable by counsel to the Agency, the approval of such changes to be conclusively evidenced by the execution and delivery by the Agency of the Joint Powers Agreement. Section 2. Official Actions. The Chairperson, Executive Director, Secretary and all other officers of the Agency, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint exercise of powers authority, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. R : ~VORTONL IA GENDA $1CFDA GNDA hodVRMJPA. CFD 12/2/97 PASSED, APPROVED AND ADOPTED, by the Governing Board of the Redevelopment Agency of the City of Temecula at a regular meeting held on the 9th day of December, 1997. Karel Lindemans, Chairperson ATTEST: June S. Greek, CMC, Agency Secretary/City Clerk R:~VORTONL~4GI~'D~4,g~CFDAGND,4k~q~JPA.CFD 12/3/97 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. RDA 97- was duly adopted at a regular meeting of the Governing Board of the Redevelopment Agency of the City of Temecula on the 9th day of December, 1997, by the following roll call vote: AYES: AGENCY MEMBERS: NAYS: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: June S. Greek, CMC Agency Secretary/City Clerk R: %VORTONL !.4 GENDAS~Cb"DA GNDA ~I/JJPA.Cb-'D 12/2/97 WESTSIDE IMPROVEMENT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT This Agreement (the "Joint Exercise of Powers Agreement"), dated December 9, 1997, is by and between the City of Temecula, a municipal corporation and public body, corporate and politic duly organized and existing under the laws of the State of California (the "City"), and the Redevelopment Agency of the City of Temecula, a public body corporate and politic duly organized and existing under the laws of the State of California (the "Agency"). WI TN E S S E TH: WHEREAS, agencies formed under Articles 1-4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Act") are permitted to provide financing for any of their members or other local public agencies in the State of California in connection with the acquisition, construction and improvement of public capital improvements, working capital requirements or insurance programs of such members or other local agencies; and WHEREAS, the City and the Agency wish to form an agency under the Act for the purpose of providing an entity which can assist in providing financing for public capital improvements and the potential acquisition of land for public benefit and public purposes in the Westside Area of the City and for other purposes which are authorized under the Act. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the City and the Agency do hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meanings herein specified. "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California. "Agreement" means this Joint Exercise of Powers Agreement, as originally entered into or as amended from time to time. "Authority" means the Westside Improvement Authority established pursuant to Section 2.02 of this Agreement. R: INORTONL tA GENDASI CFDA GNDA ~PAI(. CFD 12/2/97 "Board" means the Board of Directors of the Authority referred to in Section 2.03. "Bond Law" means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584), as now in effect or hereafter amended, Article 2 of the Act as now in effect or hereafter amended, or any other law available for use by the Authority in the authorization and issuance of bonds to provide for the financing of Obligations, Working Capital Requirements, Public Improvements and/or liability or insurance needs of any Public Agency. "Bond Purchase Agreement" means an agreement between the Authority and the City, the Agency or any Public Agency, pursuant to which the Authority agrees to purchase Obligations from the City, the Agency or such Public Agency, as the case may be. "Bonds" means bonds, notes or other obligations of the Authority issued pursuant to the Bond Law or pursuant to any other provision of law which may be used by the Authority for the authorization and issuance of bonds, notes or other obligations. "Directors" means the representatives of the City appointed to the Board pursuant to Section 2.03. "Fiscal Year" means the period from July 1 in any calendar year to and including June 30 in the succeeding calendar year. "Members" means the City and the Agency. "Obligations" has the meaning given to the term "Bonds" in Section 6585(c) of the Bond Law. "Public Agency" means any public agency authorized by the Act to enter into a joint exercise of powers agreement with the City and the Agency. "Public Improvements" has the meaning given such term in Section 6585(g) of the Bond Law. "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02. "Working Capital Requirements" means the requirements of any Public Agency for funds to be used by, or on behalf of, such Public Agency for any purpose for which such Public Agency may borrow money pursuant to Section 53852 of the Government Code of the State of California. R:INORTONLIAGENDASICFDAGNDAIJPAK. CFD 12/2/97 ARTICLE II GENERAL PROVISIONS Section 2.01. Ihlrg9~. This Agreement is made pursuant to the Act providing for the joint exercise of powers common to the City and the Agency, and for other purposes as permitted under the Act, the Bond Law and as agreed by one or more of the parties hereto. The primary purpose of this Agreement is to provide for the financing of Public Improvements or Obligations in connection with the installation of public infrastructure improvements in the Westside Area of the City and the potential for the acquisition of land in the Westside Specific Plan area for public benefit and public purposes, through the acquisition by the Authority of such Public Improvements and land, and/or the purchase by the Authority of Obligations of the City, the Agency or any Public Agency pursuant to Bond Purchase Agreements and/or the lending of funds by the Authority to the City, the Agency or any Public Agency. Section 2.02. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Westside Improvement Authority". The Authority shall be a public entity separate and apart from the City, the Agency and any other Public Agency, and shall administer this Agreement. Section 2.03. Board of Directors. The Authority shall be administered by a Board of Directors consisting of five (5) Directors, unless and until such number is changed by amendment of this Agreement. The Directors of the Authority shall be comprised of the members of the City Council of the City. The Board shall be called the "Board of Directors of the Westside Improvement Authority". All voting power of the Authority shall reside in the Board. Section 2.04. Meetings of the Board. A. Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with the City and the Agency. B. Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. C. Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act of the Government Code of the State of California. Section 2.05. Actions Taken. The Secretary shall cause to be kept records, consistent with City policy, of all actions taken by the Board at all meetings of the Board and shall, as soon as possible after each meeting, make such records available for inspection by each Director and the Members. R:INORTONLIAGENDASICFDAGNDA I. IPAK. CFD 12/2/97 Section 2.06. ~ Each Director shall have one vote. Section 2.07. Quorum; Required Votes: Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Directors present at any meeting at which a quorum is present shall be required to take any action by the Board. Section 2.08. Ily. la~. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as the Board may deem necessary or advisable for the purposes hereof. ARTICLE III OFFICERS AND EMPLOYEES Section 3.01. Chairpe_ rson, Executive Director and Secretary. The City Manager and the City Clerk are hereby designated as the Executive Director and Secretary, respectively, of the Authority. The Board shall select a Chairperson from among its members who shall serve as Chairperson until such person is no longer a City Councilmember or a new Chairperson is appointed by the Board. The officers shall perform the duties normal to said offices. The Chaffperson or the Executive Director (or any other person authorized by resolution of the Board) shall sign contracts on behalf of the Authority, and the Chairperson shall perform such other duties as may be imposed by the Board. The Executive Director shall administer the day-to-day affairs of the Authority and shall execute the policies and directives of the Board. The Secretary shall countersign all contracts signed by the Chairperson or the Executive Director on behalf of the Authority (unless otherwise specified by resolution of the Board), perform such other duties as may be imposed by the Board and cause a notice of this Agreement to be filed with the Secretary of State pursuant to the Act. Section 3.02. Treasurer and Auditor. Pursuant to Section 6505.6 of the Act, the City Treasurer is hereby designated as the Treasurer of the Authority and the City Finance Director is hereby designated as the Auditor of the Authority. The Treasurer shall be the depositary, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Act, the Auditor shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority, which audit may be combined with any audit of the accounts and records of the City, the Agency and/or any Public Agency. Section 3.03. Officers in Charee of Records. Funds and Accounts. Pursuant to Section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. R : INORTONL ~t GENDAS~ CFDA GNDA ~J PAK. CFD 12/2/97 Section 3.04. Bonding Persons Having Access to Authority Records. From time to time, the Board may designate persons, in addition to the Executive Director, the Secretary, the Treasurer and the Auditor, having charge of, handling or having access to any records, funds or accounts or any Public Improvement of the Authority, and the respective amounts of the official bonds of the Executive Director, the Secretary, the Treasurer and the Auditor and such other persons pursuant to Section 6505.1 of the Act. Section 3.05. Legal Advisor. The City Attorney shall act as the legal advisor of the Authority, and shall perform such duties as may be prescribed by the Board. Section 3.06. Other Employees. The Board shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by the City or the Agency or, by reason of their employment by the Board, to be subject to any of the requirements of the City or the Agency. Section 3.07. Assistant Qfficers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who may or may not be Directors, as the Board shall from time to time deem appropriate. ARTICLE IV POWERS Section 4.01. General Powers. The Authority shall exercise the powers granted to it under the Act, including but not limited to the powers set forth in the Bond Law and the powers of each of the Members as may be necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the City, the Agency and any other Public Agency. Section 4.02. Power to Issue Bonds. The Authority shall have all of the powers provided in the Act and in the Bond Law, including the power to issue Bonds thereunder. R: hVORTONL IA GENDA$1CFDA GNDA [IPAK. CFD 12/2/97 Section 4.03. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: A. To make and enter into contracts; B. To employ agents or employees; C. To acquire, construct, manage, maintain or operate any Public Improvement, including the common power of the City and the Agency to acquire any Public Improvement by the power of eminent domain or any other lawful means; D. To sue and be sued in its own name; E. To issue Bonds and otherwise to incur debts, liabilities or obligations; provided, however, that no such Bond, debt, liability or obligation shall constitute a debt, liability or obligation of the City, the Agency or any other Public Agency; F. To apply for, accept, receive and disburse grants, loans and other assistance from any agency of the United States of America or of the State of California; G. To invest any money in the treasury pursuant to Section 6505.5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Code of the State of California; H. To apply for letters of credit or other form of financial guarantees in order to secure the repayment of Bonds and enter into agreements in connection therewith; I. To carry out and enforce all the provisions of this Agreement; J. To make and enter into Bond Purchase Agreements and any other agreements, assignments and documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Act; K. To purchase Obligations of or to make loans to the City, the Agency or any other Public Agency for the purposes hereof, or to retinanee indebtedness incurred by the City, the Agency or any other Public Agency in connection with any of the purposes hereof; and Le the Bond Law. To exercise any and all other powers as may be provided in the Act or in Section 4.04. Restrieti0ns on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Act and in the Bond Law, and, except for those powers set forth in the Bond Law, shall be subject (in accordance with Section 6509 of the Act) to the restrictions upon the manner of exercising such powers that are imposed upon the Agency in the exercise of similar powers. R: ~NORTONL L4 GENDASI CFDA GNDA ~JPAK. CFD 12/2/97 Section 4.05. Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City, the Agency or any other Public Agency. Section 4.06. Non-Liability for Obligations of Authority. No Member, Director, officer, agent or employee of the Authority shall be individually or personally liable for the payment of the principal of or premium or interest on any obligations of the Authority or be subject to any personal liability or accountability by reason of any obligations of the Authority; but nothing herein contained shall relieve any such Member, Director, officer, agent or employee from the performance of any official duty provided by law or by the instruments authorizing the issuance of any obligations of the Authority. ARTICLE V CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS Section 5.01. Contributions. The Members may in the appropriate circumstance when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of Government Code Section 6513 are hereby incorporated into this Agreement by reference. Section 5.02. Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any Bonds issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by representatives of the Members. Within 180 days after the close of each Fiscal Year an annual report of all financial activities for such Fiscal Year shall be presented to the Members, to the extent such activities are not covered by the report of such trustee. The trustee appointed under any indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said indenture or trust agreement as may be desirable to carry out this Agreement. Section 5.03. Funds. Subject to the applicable provisions of any instrument or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. R: INORTONL M GENDASl CFDA GNDA IJPAK. CFD 12/2/97 Section 5.04. Annual Budget and Administrative Expenses. The Board may adopt a budget for administrative expenses, which shall include all expenses not included in any financing issue of the Authority, on or about July 1st of each year. The estimated annual administrative expenses of the Authority shall be allocated in such budget by the Authority to the Members and/or any Public Agency in such proportion as the Board shall determine. In the absence of any such determination such allocation shall be made and charged to each Public Agency in proportion to the principal amount of Bonds of each such Public Agency purchased by the Authority. ARTICLE VI TERM Section 6.01. Term. This Agreement shall become effective, and the Authority shall come into existence, on the date of execution and delivery hereof, and this Agreement and the Authority shall thereafter continue in full force and effect for at least forty (40) years (unless earlier terminated by the Members and any then Associate Members), but in any event so long as either (a) any Bonds remaining outstanding or any material contracts to which the Authority is a party remain in effect, or (b) the Authority shall own any interest in any Public Improvements or land. Section 6.02. Disposition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall be conveyed to the City. ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to the notice address of each party hereto for legal notices or as otherwise provided by a party hereto in writing to each of the other parties hereto. Section 7.02. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 7.03. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 7.04. Law Governing. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. Section 7.05. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement either as required in order to carry R: hVORTONL [A GENDA$1CFDA GNDA tJPAK. CFD 12/2/97 out any of the provisions of this Agreement or for any other purpose, including without limitation addition of new paxties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 7.06. Enforcement bv Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 7.07. Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section 7.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the City or the Agency, respectively. Neither the City nor the Agency may assign any right or obligation hereunder without the written consent of the other. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. CITY OF TEMECULA Date: December 9, 1997 By: ATrEST: By: June S. Greek, CMC, City Clerk Ron Roberts, Mayor REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Date: December 9, 1997 By: ATTEST: Karel Lindemans, Chairperson By: June S. Greek, CMC, Agency Secretary/City Clerk R: INORTONL bI GENDAS~ CFDA GNDA IJPAK. CFD 12/2/97 WESTSIDE IMPROVEMENT AUTHORITY ITEM I CITY ATTORNEY OF FINANCE DIR. MANAGER CITY WESTSIDE IMPROVEMENT AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Westside Improvement Authority Executive Director Ronald E. Bradley December 9, 1997 Administrative Matters and Consideration of Formation of Community Facilities District (CFD) RECOMMENDATION: , That the Authority, by minute order, appoint a Chairperson from among its Board of Directors. , That the Authority adopt the resolutions entitled: RESOLUTION NO, WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RULES FOR ITS PROCEEDINGS RESOLUTION NO. WIA 97- A RESOLUTION OF THE WESTSIDE IMPROVEMENT AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 R: |NOR TONL IA OENDA $~ Cr-DA ONDA I S TFRPT-A. CFD 12/3/8 7 RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I {ROGERSDALE AREA) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 . That the Authority approve a Deposit/Reimbursement Agreement between the Westside Improvement Authority and Trigger Entertainment and Sports LLC for the deposit with the Authority of funds for the payment of the costs of forming the Authority and issuing bonds for the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) and authorize the Chairperson to execute the Agreement on behalf of the Authority. . That the Authority authorize the Executive Director of the Westside Improvement Authority to approve and execute on behalf of the Authority an agreement with Quint and Thimmig LLP for bond counsel services and an agreement with Brown & Chudleigh for appraisal services in connection with the bonds for Westside Improvement Authority Community Services District No. 1 (RogersDale Area). BACKGROUND: Trigger Entertainment and Sports LLC, a California limited liability company ("Trigger"), has requested that a community facilities district be formed to assist in the financing of public infrastructure improvements and the potential acquisition of land in the Westside Specific Plan Area of the City for public purposes. The City and the Redevelopment Agency created the Authority, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider the proposed financing and act as the issuer of any bonds. The Authority, being newly created, must first appoint a Chairperson from among its members. The Authority must then adopt a resolution as to certain administrative matters, such as meetings and rules for proceedings of the Authority. The Authority will then consider the adoption of three resolutions related to the formation of a community facilities district. The CFD will only include land owned or controlled by Trigger or other landowners who voluntarily agree to be included in the CFD. Trigger has requested that the CFD issue bonds to acquire public infrastructure improvements and potentially land for public benefit and public purposes in the Westside Specific Plan Area in the vicinity of its proposed RogersDale project. Trigger has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and has submitted a petition and deposit/reimbursement agreement with respect thereto. The bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. R: INO R TONI IA GEND A $1CFDA GNDA I$ TFRPT-A. CFD f 2/3/9 7 SPECIFIC ACTIONS: In order to continue the process, begun by the City and the Redevelopment Agency by creating the Authority, to consider the formation of the community facilities district and the issuance of the bonds, the following actions must occur: · The Authority, by minute order, should select a Chairperson from among its members. The Authority will then consider adoption of a resolution approving local goals and policies for its Mello-Roos districts, which must be adopted under State law prior to the formation of a community facilities district. The Authority will then consider adoption of two resolutions of intention relative to the proposed community facilities district. These resolutions call for public hearings on January 13, 1998 on the formation of the community facilities district and the issuance of bonds, and otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk) the rate and method of apportionment of special taxes to be levied solely on land in the CFD to repay the bonds, and, in general, the facilities and land proposed to be financed. FISCAL IMPACT: Trigger has agreed to pay all out of pocket expenses incurred relative to the proposed financing and has posted a cash deposit with the City in the amount of $105,000. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. The bonds will not be obligations of the City or the Redevelopment Agency, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. Attachments: Resolutions (4) Local Goals and Policies for Community Facilities Districts Deposit/Reimbursement Agreement Agreement for Bond Counsel Services Agreement for Appraisal Services R:INOR TONL IA GENDA St CFDA GNDA i STFRPT-A. CFD 12/3/9 7 RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RULES FOR ITS PROCEEDINGS WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula (the "Agency") have adopted resolutions authorizing the formation of a joint powers authority under Articles 1-4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California to be known as the "Westside Improvement Authority" (the "Authority"), and the execution of a joint exerdse of powers agreement in connection therewith; and WHEREAS, the City and the Agency have executed said agreement and the Authority, being duly formed, now desires to take certain actions relative to its administration as set forth below. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. ~Ahlg~. A. Regular meetings of the Authority shall be held on the second and fourth Tuesdays of the month at 5:30 p.m., and may be combined with meetings of the City Council and Redevelopment Agency of the City of Temecula. The Authority shall be required to hold at least one meeting annually on the second Tuesday of July on each year, or the date of the first City Council meeting in the month of July each year, whichever occurs latter. B. Noticing of regular, special or adjourned meetings of the Authority, posting of agendas, public comments to the Authority Board, closed sessions, and other procedural matters affecting meetings of the Authority shall be governed by the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. ("Brown Act"). Section 2. Meeting Place. All meetings of the Board of Directors shall be held at the regular meeting place of the City Council of the City, unless the Board of Directors shall adjourn to or fix another place of meeting in a notice to be given thereof, or unless prevented by flood, fire or other disaster. Said regular meeting place is hereby fixed and established at the City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California. Section 3. Rules of Proceedings. A. Public Meetings. All meetings of the Authority shall be open to the public, unless a closed session is held as permitted by provisions of the Brown Act. R:k¥ORTONL~,IGI~V'DAb3CFDACdVDAkRMTC~CFD 12/$/97 B. Meeting Procedures. Unless otherwise specified by this Resolution, all proceedings of the meetings of the Authority shall be conducted in accordance with the provisions of the Brown Act and the ordinances, resolutions or written policies governing the conduct of meetings of the City Council of the City of Temecula. C. Quorum. Three (3) ofthe members ofthe Board of Directors shah constitute a quorum for the transaction of business. Section 4. Contracts: Agreements. All contracts or agreements on behalf of the Authority shall be signed by the Chairperson or the Executive Director, and countersigned by the Secretary, aRer having been authorized to do so by action of the Board of Directors, unless otherwise specifically provided by resolution of the Board of Directors. Any contract or agreement involving less than ten thousand dollars ($10,000) may be executed by any of such officers without the need for any approval by the Board of Directors. Section S. Seal. The Authority shall have an Official Seal consisting of two (2) concentric circles with the words "Westside Improvement Authority" within the outer circle and the date of formation of the Authority within the inner circle. The Secretary shall obtain the Seal at the Authority's expense and shall have custody of the Seal. Section 6. Secretary_ of State. Bond Counsel to the Authority is hereby directed to file a notice of the formation of the Authority with the Secretary of State of the State of California, as required by Sections 6503.5 and 53051 of the California Government Code. Section 7. Office and Mailing Address. The office of the Authority and its official mailing address are hereby fixed and established at Westside Improvement Authority c/o City of Temecula, P.O. Box 9033, Temecula, California 92589-9033, Attention: Executive Director. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 9th day of December, 1997. ATTEST: Chairperson June S. Greek, CMC Authority Secretary R : ~VOR T ON'L ~4 GIiN'DA,.V~FDA C_J~DA ~I'~3,.~ CFD STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 97- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 9th day of December, 1997, by the following roll call vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: June S. Greek, CMC Authority Secretary/City Clerk R:~VORTONL%4G~qD.4,%'~FDAGNDA%%~1TG,~CFD 12/$/97 RESOLUTION NO. WIA 97- A RESOLUTION OF THE WESTSIDE IMPROVEMENT AUTHORITY ADOPTING LOCAL GO~S AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS WHEREAS, Section 53312.7(a) of the California Government Code requires that the Board of Dkectors of the Westside Improvement Authority (the "Authority") consider and adopt local goals and policies for community facilities districts CCFDs") prior to the initiation of proceedings by the Authority to establish a CFD under the provisions of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"); and WHEREAS, this Board of Directors intends to consider the establishment of a CFD related to the financing of public improvements and the potential acquisition of land for public benefit and public purposes in the Westside area of the City of Temecula, and desires at this time to adopt local goals and policies for CFDs so that it may commence proceedings for establishing a community facilities districts to finance public infrastructure improvements and land acquisition for public purposes in such area; and WHEREAS, Authority staff has caused to be prepared a draf~ of goals and policies for CFDs of the Authority (the "Goals and Policies"), the form of which is on file with the Secretary, and this Board of Directors has duly considered said Goals and Policies. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Westside Improvement Authority that the Goals and Policies, in the form on file with the Secretary, are hereby adopted as the local goals and policies of the Authority for CFDs, and are intended to meet the requirements of Section 53312.7(a) of the Act. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a resular meeting held on the 9th day of December, 1997. Chairperson $une S. Greek, CMC Authority Secretary R:~iORTONL%4GIN~DA~CFD~C, NDA~GL~PLCFD 12/$/07 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 97- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 9th day of December, 1997, by the following roll call vote: AYES: BOARD MEMBERS: NAYS: BOARD MEMBERS: ABSENT: BOARD MEMBERS: June S. Greek, CMC Authority Secretary/City Clerk R:~VORTONL~4GI~rDA,~C.n'DACnYD,,q~GL, gPLCI~D 12~$/~7 RESOLUTION NO. IA 97- LOCAL GOALS AND POLICIES FOR FACILITIES DISTRICTS COMMUNITY I. INTRODUCTION. Section 53312.7(a) of the Califomia Government Code requires that the Westside Improvement Authority (the "Authority") consider and adopt local goals and policies concerning the use of the Mello-Roos Community Facilities Act of 1982 (the "Act"), prior to the initiation of proceedings to establish a new community facilities district ("CFD") under the Act. The following goals and policies are intended to meet the minimum requirements of the Act, and may be amended or supplemented by resolution of the Board of Directors of the Authority at any time. H. GOALS. The Authority will consider the use of the Act for financing public facilities and services only in connection with the financing of public infrastructure improvements and the potential acquisition and maintenance of land for public benefit and public purposes in the Westside area of the City of Temecula (the "City"), or as otherwise referenced in an owner participation or development agreement to which the City or the Redevelopment Agency of the City of Temecula is a party. Any request for a CFD which is not integral to the installation of public improvements or the potential acquisition and/or maintenance of land for public benefit and public purposes in such area will require amendment of these goals and policies, and will be considered on a case by case basis. All Authority and noncontingent consultant costs incurred in the evaluation and establishment of new CFDs will be paid by the proponents of the CFD. The Authority shall use all reasonable efforts not incur any expense for processing a CFD which are not eligible to be reimbursed from CFD bond proceeds. Expenses incurred by the Authority that are not chargeable to the CFD shall be borne by the proponent of the CFD. llI. ELIGIBI,E PUBLIC FACILITIES AND SERVICES. The improvements eligible to be financed by a CFD must be owned by a public agency or public utility, and must have a useful life of at least five (5) years, except that up to five percent of the proceeds of an issue may be used for facilities owned and operated by a privately-owned public utility. The improvements must be consistent with any relevant specific plan approvals. A CFD shall not vest any rights to future land use on any properties, including those which are responsible for paying special taxes. The list of public facilities eligible to be financed by a CFD include, but are not limited to, the following: · Freeway Offramps · Street Improvements · Street lighting · Traffic signals and safety lighting · Landscaping in public right-of-ways · Governmental facilities · Sanitary sewer facilities · Storm drain facilities · Flood control facilities · Potable and reclaimed water facilities · Convention Center · Utility relocations · Elementary and secondary school sites and facilities · Libraries · Public utilities · Police and fire protection facilities · Public parking structures · Cultural facilities · Child care facilities · Parks and recreational facilities The funding of public facilities to be owned and operated by public agencies other than the Authority shall be considered on a case-by-case basis. If the proposed facilities are appropriate for financing by a CFD and are consistent with approved land use plans for the property, the Authority shall consider entering into a joint financing agreement in order to finance these facilities. A joint agreement with the public agency that will own and operate any such facility must be entered into prior to the adoption of the resolution of formation relating to the formation of any CFD. The Authority will consider on a case-by-case basis CFDs established for the provisions of services eligible to be funded under the Act. Eligible services are as specified in the Act. IV. PRIORITIES FOR CFD FINANCING. Priority for CFD financing shall be given to public facilities which: (a) are necessary for development in the Westside area of the City, or (b) are otherwise incident to development or redevelopment in such area. V. CREDIT QUALITY REQUIREMENTS FOR CFD BOND ISSUES. All CFD bond issues should have at least a three to one property value to public lien ratio after calculating the value of the financed public improvements to be installed and any private improvements for which financing is reasonably assured, unless the Board of Directors of the Authority finds and determines that the proposed bonds do not present any unusual credit risk or, by a four-fifths vote, that the proposed bond issue should proceed for specified public policy reasons. Property value may be based on either an appraisal or on assessed values as indicated on the county assessor's tax roll. Any appraiser shall be selected by the Authority (or the City on behalf of the Authority), and the appraisal shall be based on standards determined applicable by Authority staff and consultants. The appraisal must be dated within six months of the date the bonds are issued. The public lien amount shall include the bond issue currently being sold plus any public indebtedness secured by a fixed lien on real property currently existing against the properties to be taxed. A reserve fund equal to the lesser of (I) ten percent of the original proceeds of the bond issue, (ii) the maximum annual debt service on the bonds, or (iii) one hundred twenty-five percent of the average annual debt service on the bonds is considered as appropriate for any bond issue where less than seventy-five percent of the buildable acreage has been developed. A smaller reserve fund may be appropriate for bond issues in CFDs where over seventy-five percent of the buildable acreage has been developed. The reserve fund may be maintained by or on behalf of a public financing authority, if such an authority purchases the CFD bonds, and need not be held under the fiscal agent agreement pursuant to which the CFD bonds are issued. Less than a three to one property value to public lien ratio, excessive tax delinquencies, or projects of poor economic viability may cause the Authority to disallow the sale of bonds or require credit enhancement prior to bond sale. If the Authority requires letters of credit or other security in connection with the issuance of bonds for a CFD, the credit enhancement shall be issued by an institution, in a form and upon terms and conditions satisfactory to the Authority. Any security required to be provided may be discharged by the Authority upon the opinion of a qualified appraiser, retained by the Authority, that a value-to-lien ratio of three to one has been attained. As an alternative to providing other security, a portion of the bond proceeds may be placed in escrow with a corporate agent in an amount sufficient to assure a value-to-lien ratio of at least three to one on the outstanding proceeds, or other appropriate release requirements. VI. DISCLOSURE PURCHASERS. FOR PROSPECTIVE PROPERTY A. Disclosure Reouirements for Developers. Developers who are selling lots or parcels that are within a CFD shall provide disclosure notice to prospective purchasers that complies with all of the requirements of Section 53341.5 of the Government Code. The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a CFD. B. Disclosure Requirements for the Resale of Lots. The Treasurer of the Authority shall provide a notice of special taxes to sellers of property (other than developers) which will enable them to comply with their notice requirements under Section 1102.6 of the Civil Code. This notice shall be provided by the Treasurer of the Authority within five working days of receiving a written request for the notice, unless otherwise permitted under the Act. A reasonable fee may be charged for providing the notice, not to exceed any maximum fee specified in the Act. VH. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES. Special ~ formulas for CFDs shall provide for minimum special tax levels which satisfy the following expenses of a CFD: (a) 110 percent gross debt service coverage for all CFD bonded indebtedness, (b) the projected administrative expenses of the CFD, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the CFD. Additionally, the special tax formula may provide for the following: (a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the CFD, (b) the accumulation of funds reasonably required for future debt service, (c) amounts equal to projected delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by the Act and applicable law. The special Max formula shall be reasonable and equitable in allocating public facilities' costs to parcels within the CFD, unless otherwise agreed to by at least a majority of the property owners to be subject to the special tax. Exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owners' association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness. The total projected property tax levels for any CFD shall not exceed any maximum specified in the Act. The annual increase, if any, in the maximum special tax for any parcel shall not exceed any maximum specified in the Act. The increase in the special tax levied on any parcel as a consequence of delinquency or default by the owner of any other parcel shall not exceed any maximum specified in the Act. The Authority (or the City on behalf of the Authority) shall retain a special tax consultant to prepare a report which: (a) recommends a special tax for the proposed CFD, and (b) evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, Authority administrative costs, services (if applicable) and other related expenditures. Such analysis shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorem taxes and assessments on the properties within the CFD. VIII. APPRAISALS. The definitions, standards and assumptions to be used for appraisals shall be determined by Authority staff on a case-by-case basis, with input from Authority consultants and CFD proponents, and by reference to relevant materials and information promulgated by the State of California. In any event, the value-to-lien ratio shall be determined based upon an appraisal by an independent MAI appraiser of the proposed CFD. The appraisal shall be coordinated by and under the direction of the Authority (or the City on behalf of the Authority). All costs associated with the preparation of the appraisal report shall be paid by the proponents of the CFD through an advance deposit mechanism, or from unencumbered funds of the Authority. The Authority shall have discretion to retain a consultant to prepare a report to verify market absorption assumptions and projected sales prices of the properties which may be subject to the maximum special tax in the CFD. Dr. TERMS ~ CONraTIONS OF BONDS. All terms and conditions of any CFD bonded indebtedness shall be established by the Authority, after consultation with the Authority's consultants, City staff and the proponents of the CFD. The Authority will control, manage and invest, or cause to be controlled, managed and invested, all CFD bond proceeds. Each bond issue shall be structured so as to minimize any impact on the bonding capacity or any credit rating of the Authority or the City. All statements and material related to the sale of bonds shall emphasize and state that neither the faith, nor general credit of the Authority or the City is pledged to security or repayment of the bonds. The sole source of pledged revenues to repay CFD bonds shall be the special taxes, bond proceeds and reserve funds held under the bond document, and the proceeds of foreclosure proceedings and additional security instruments provided at the time of bond issuance, unless otherwise specifically agreed to in writing by the Authority. X. CFD INITIAL COSTS. All Authority and consultant costs incurred in the evaluation of CFD applications and the establishment of CFDs will be paid by the proponents of the CFD by advance deposit increments, or from unencumbered funds of the Authority. The Authority shall use reasonable efforts not to incur any non-reimbursable expenses for processing and administering CFDs. In general, expenses not chargeable to the CFD shall be directly borne by the proponents of the CFD. XI. USE OF CONSULTANTS. The Authority (or the City on behalf of the Authority) shall select all consultants necessary for the formation of the CFD and the issuance of bonds, including the underwriter(s), bond counsel, financial advisors, appraiser, market absorption study consultant and the special tax consultant, after reasonable consultation with the proponents of the CFD. Prior consent of any proponent of a CFD shall not be required in the determination by the Authority of the consulting and financing team. XII. EXCEPTIONS TO THESE POLICIES. The Authority may find that a waiver of any of the above stated policies is reasonable given identified Authority benefits to be derived from such waiver. Such waivers only will be granted by action of the Board of Directors of the Authority. RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 ofPart 1 ofDivision 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Directors of the Westside Improvement Authority (the "Authority") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, this Board of Directors has received a petition by the owner of the land within the proposed RogersDale development requesting the formation of a community facilities district to finance public facilities, land acquisition and services necessary or incident to such development; and WHEREAS, this Board of Directors now desires to proceed with the establishment of a community facilities district under the Act in order to finance such public facilities, land acquisition and services. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. This Board of Directors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. Section 2. The name proposed for the community facilities district (the "District") is Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in Section 10 below. Section 4. The type of public facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities and services, respectively, on Exhibit A hereto and by this reference incorporated herein (the "Facilities" and the "Services," respectively). The Board of Directors hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act; however the District may enter into one or more R : ~VOR T ONL [4 01~VD,4 ~CFDA OND,41REgTCFD. CFD /1~Z/$/9 7 contracts directly with any of the property owners with respect to the construction and/or operation of the Facilities. The Executive Director is hereby authorized and directed to enter into joint community facilities agreements with the City of Temecula and any other entity that will own or operate any of the Facilities or provide any of the Services, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and (b) of the Act. The Board of Directors hereby declares that such joint community facilities agreements will be beneficial to residents in the area of the District. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, Services and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors acting as the legislative body for the District to cause bonds of the Authority to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $30,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. Section 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities, the Services and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt R : WORTONL ~4 GI~DA,.~CFDAC,.NDA ~g'I'CFD. CFD /12/$/~7 in order to yield the required debt service payments and other annual expenses of the District, if any, subject to the provisions of the rate and method of apportionment of the special taxes for the District. Section 9. The Director of Public Works ofthe City of Temecula, as the ot~cer having charge and control of the Facilities and Services in and for the District, or his designee, is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the Secretary a report in writing~ presenting the following: A. A description of the Facilities and Services by type which will be required to adequately meet the needs of the District. B. An estimate of the fair and reasonable cost of providing the Services and the Facilities including the cost of acquisition of lands, fights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. Section 10. Tuesday, January 13, 1998, at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 11. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 12. The Executive Director is hereby authorized to execute and deliver a Depos'ltJRe~bursement Agreement (the "Deposit Agreement") with the developer of the RogersDale project in the form on file with the Secretary, together with such changes as may be approved by the Executive Director upon consultation with Bond Counsel and general counsel to the Authority. The City Finance Director is hereby authorized and requested to accept the Deposits described in the Deposit Agreement, and to draw against the same and make payment for expenses as contemplated by the Deposit Agreement. The Authority proposes to repay certain landowners within the District, solely from the proceeds of bonds of the Authority issued for the District, funds advanced by such landowners to pay costs of the Authority to form the District, all as provided in the Deposit Agreement. Section 13. The Board of Directors hereby designates the finns of Quint & Thimmi8 LLP, General Government Management Services, Fieldman, Rolapp & Associates and Stone & Youngberg LLC to act as Bond Counsel, Special Tax Consultant, Financial Advisor and Underwriter, respectively, to the Authority with respect to the District and any bonds of the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their R : WORTONL ~4Gt~VDAS~CFDACnVDA g~Eb'TCFD. CFD /12/3/97 services with respect to the District and such bonds, provided that any compensation to such firms is payable solely from the proceeds of the bonds or by the proponents of the District. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 9th day of December, 1997. Chairperson ATTEST: June S. Greek, CMC Authority Secretary R : ~VOR T ONL ~4 0~%rD~4 S~FDA C, NDH ~EA'f CFD. CFD STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 97- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 9th day of December, 1997, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: June S. Greek, CMC City Clerk R:WORTONL~4GI~D,4fi'~FDAC,-ND,4tRE~CFD. CFD /12/$/97 EXHIBIT A WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY NO.1 (ROGERSDALE AREA) DESCRIPION OF FACILITIES AND SERVICES TO BE FINANCED BY THE DISTRICT FACILITIES The planned public improvements include the following: acquisition of open space, acquisition and/or construction of the Western By-Pass corridor, portions of Vincent Moraga Drive, portions of Ridge Park Drive, and portions of First Street. The improvements shall include all related clearing and grubbing, grading and appurtenances, and any removals or temporary signage or markings related thereto. All improvements may include any rights-of-way acquisition, intersection improvements, widening, paving and/or re-paving, striping and/or re-striping, pedestrian sidewalks, locating and/or relocating utilities, landscaping, lighting, or other related improvements or appurtenances located within the rights-of-way. The planned public improvements include the acquisition and/or construction of parking facilities, including land acquisition, easement acquisition, entitlement acquisition, grading, site fencing, street improvements (including any rights-of-way acquisition, intersection improvements, widening, paving and/or re-paving, striping and/or re-striping, pedestrian sidewalks, locating and/or relocating utilities, or other related improvements or appurtenances located within the rights-of-way), storm drains (including trenching, inlets, outlets, channels, structures, manholes, headwalls, junctions, transitions, bedding, culverts, and appurtenances), landscaping improvements, site concrete, iron works, gas line repair, curbing, gutters, sidewalks, striping, traffic signals, street lights, light fixtures, and site electrical, all within or in the vicinity of the District. The facilities shall include all costs of engineering, design, fees, permits, bonds, supervision, planning, construction staking, materials testing and coordination incident thereto. The facilities shall include land acquisition related to any public improvement, and other land acquisition for public purposes (including but not limited to open space and land for future public improvements). SERVICES The maintenance of open space within or in the vicinity of the District. OTHER Bond related expenses, including underwriters discount, financial advisor, appraisals, reserve fund, capitalized interest, bond counsel, underwriter's counsel, special tax consultant, bond and official statement printing and all other incidental expenses. Administrative fees of the Authority, the District and the bond trustee or fiscal agent related to the District and the Bonds. ..\CFD lrogersdale Tuesday, December 02, 1997 EXHIBIT B WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY NO.1 (ROGERSDALE AREA) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A special tax shall be levied on each Parcel of land within the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), and collected according to the Special Tax Liability determined by the Treasurer of the Authority (the "Treasurer") through the application of the following procedures. All of the property within the District, unless otherwise exempted by the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto in any Fiscal Agent Agreement for any Bonds of the Authority for the District. Notwithstanding the foregoing, the Authority may collect the special taxes at such other times or in such other manner as necessary or convenient to satisfy the obligations of the District. MAXIMUM SPECIAL TAX ZONE A: The maximum special tax that may be levied commencing with the Fiscal Year ending June 30, 1998 and for each following Fiscal Year shall not exceed the aggregate of $500,000 for all Parcels in Zone A. ZONE B: The maximum special tax that may be levied commencing with the Fiscal Year ending June 30, 1998 and for each following Fiscal Year on any Parcel in Zone B shall not exceed the sum of: plus (i) (ii) The maximum building special tax rate of $17.00 per building square foot, multiplied by the sum of the Building Floor Area for all buildings on the Parcel; The maximum land special tax rate of $6.00 per land square foot, multiplied by the Land Area of the Parcel. The special tax for each Zone shall be levied annually. A Parcel shall be subject to the maximum special tax for not more than 40 years. In no event shall the maximum special tax on any Parcel used for private residential purposes exceed any limitation imposed under Section 53321 of the California Government Code. ..\CFD lrogersdale Tuesday, December 02, 1997 B 1 ASSIGNMENT TO CATEGORIES; LEVY ANNUAL TAX CATEGORIES: On or about July 1 of each year, but in any event in sufficient time to include the levy of the special tax on the County's secured tax roll, the Treasurer shall determine for each Parcel within the District, whether or not such Parcel is Taxable Property, and for which Zone such Parcel is designated. Parcels subject to levy shall be determined based upon the records of the County Assessor as of the January 1 preceding such July 1. LEVY: The Treasurer shall then determine the estimated aggregate Special Tax Liability for the Fiscal Year commencing such July 1. Step 1: Determine the amount of Transient Occupancy Tax collected in the prior Fiscal Year in Zone B and apply such amounts, if any, to Zone A, up to the maximum special tax for Zone A. Step 2: Determine the remaining aggregate Special Tax Liability for such Fiscal Year. If the aggregate amount levied based on Step 1 above, is less than the aggregate Special Tax Liability for such Fiscal Year, levy on each Parcel in Zone B which is Taxable Property, as follows: Step 3:. Determine the Building Floor Area for each Parcel in Zone B which is Taxable Property, and the total Building Floor Area for all Parcels which are then Taxable Property in Zone B. Step 4: Calculate the annual building special tax rate by dividing an amount equal to 80% of the Special Tax Liability, by the total Building Floor Area for all Parcels which are then Taxable Property in Zone B. Step 5: Multiply the total Building Floor Area for each respective Parcel in Zone B which is Taxable Property by the lesser of: (i) the annual building special tax rate calculated in Step 4 above; or (ii) the maximum building special tax rate for Zone B, respectfully, for the Fiscal Year commencing such July 1. Step 6: Determine the Land Area for each Parcel in Zone B which is Taxable Property and the total Land Area for all Parcels in Zone B which are then Taxable Property. Step 7: Calculate the annual land special tax rate as the lesser of: (i) the Special Tax Liability, less the total amount calculated for all Parcels under all step above, divided by the total Land Area for all Parcel in Zone B which are Taxable Property; or (ii) the maximum land special tax rate for Zone B, respectfully, for the Fiscal Year commencing such July 1. Step 8: Multiply the Land Area for each Parcel in Zone B which is Taxable Property, by the annual land special tax rate determined under Step 7, above. Step 9: Calculate the sum of the annual building special tax (from Step 5) and the annual land special tax (from Step 8) for each Parcel in Zone B which is Taxable Property. ..\CFD lrogersdale Tuesday, December 02, 1997 B2 PREPAYMENTS Special tax prepayments may be made for property subject to the levy of the special taxes. A particular Parcel may prepay the special tax, provided that all authorized Bonds that are to be issued, have been issued. Any property owner in the District that desires to prepay the annual special taxes on a particular Parcel shall notify the Treasurer in writing of such intention not less than 90 days prior to an interest payment date for the Bonds and the prepayment must be made not less than 45 days prior to such interest payment. Determination of the total amount needed by the Treasurer shall be conclusive, absent manifest error. The following must be applied for a prepayment of a particular Parcel: m. follows: The prepayment amount for a particular Parcel shall be calculated by the Treasurer, as 1. Compute the special tax for such Parcel by the total special tax for the then current Fiscal Year. 2. The prepayment amount is computed by dividing the special tax for the Parcel by the total special tax for all Parcels in the same Zone for the then current Fiscal Year, and multiplying the results by the principal amount of any outstanding Bonds. The result shall be rounded up to the nearest five thousand dollars ($5,000); provided however, that if the Authority is provided with prepayments of special tax for more than one Parcel at the same time, then the total prepayments shall be aggregated and the aggregated prepayment amount shall be rounded up to the nearest five thousand dollars ($5,000). 3. The prepayment amount calculated in (2) above for a particular Parcel will be (a) increased in the amount of: (i) applicable redemption premium, if any, on the Bonds; (ii) an amount determined by the Treasurer to offset any difference between the amount needed to pay debt service on the Bonds and the amount derived from the reinvestment of the prepaid special tax pending the redemption of such Bonds; and (iii) amount determined by the Treasurer to pay for the applicable Administrative Expenses to provide such prepayment; and (b) decreased for any reduction in Bond reserves due to the prepayment. B. The Parcel with respect to which prepayment is made must not be delinquent in any payment of special taxes previously levied within the District. Prepayment shall not relieve any property owner from paying those special taxes which have already become due and payable, and a Notice of Cessation of Special Tax Lien shall not be recorded against any Parcel pursuant to California Government Code Section 53344, until all special taxes with respect to that Parcel have been paid. ..\CFD lrogersdale Tuesday, December 02, 1997 B3 DEFINITIONS Administrative Expenses means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the Authority in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, any fees of the County related to the District or the collection of special taxes, an allocable share of the salaries of the Authority staff directly related thereto, a proportionate amount of Authority general administrative overhead related thereto, any amounts paid by the Authority, from its own funds with respect to the District or the Bonds, and all other costs and expenses of the Authority or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement and, in the case of the Authority, in any way related to administration of the District. Bonds means any bonds of the Authority issued for the District under Mello-Roos Community Facilities Act of 1982, as amended, authorized to be issued under the Resolution of Issuance. Building Floor Area means the area included within the surrounding exterior walls of a building, including each floor of a multiple story building, exclusive of vent shafts and courts (defined here as open and unobstructed to the sky). The Building Floor Area will be determined by the Treasurer by reference to City or County approved building plans or other such documentation as the Treasurer shall determine applicable. City means the City of Temecula. County means the County of Riverside. Debt Service, for each Fiscal Year, is the total annual principal and interest payable on the Bonds during the calendar year which commences in such Fiscal Year, less any capitalized interest and any other amounts remaining in the bond fund held under the Fiscal Agent Agreement as of the end of the previous Fiscal Year available to make such payments. District means the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area). Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance, and as it may be amended and/or supplemented from time to time. Fiscal Year means the period starting on July 1 and ending the following June 30. Land Area means the measure of land area of a Parcel, in square feet of land, rounded up to the nearest whole integer. ..\CFD lrogersdale Tuesday, December 02, 1997 B4 Parcel means any County Assessor's parcel or portion thereof that is within the boundaries of the District based on the equalized tax rolls of the County. Resolution of Issuance is any Resolution adopted by the Authority authorizing the issuance of Bonds. Treasurer is the Treasurer of the Authority. Special Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for such Fiscal Year, Administrative Expenses for such Fiscal Year, an amount necessary, as determined by the Treasurer, to offset projected tax delinquencies that may occur in such Fiscal Year based on prior Fiscal Year delinquencies and to otherwise replenish any reserve fund established for the Bonds, and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent Agreement for the Bonds and any supplements thereto. Taxable Property shall mean all real property within the boundaries of the District which is not otherwise exempt from the special tax pursuant to law, except that the following property shall not be taxed: any acres of land (up to an aggregate of the first 20.0 acres so designated) which is a public right of way or which is an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement, or which is owned by a government entity or agency. Taxable Property includes Parcels owned by a public agency if the public agency has granted a leasehold or possessory interest therein to a non-exempt person or entity. Zone A is designated as those Parcels within the boundaries of the District, with an aggregate of 15.88 acres, as shown on the map designated Exhibit 1 herein. Zone B is designated as those Parcels within the boundaries of the District, as shown on the map designated Exhibit 1 herein. ..\CFD lrogersdale Tuesday, December 02, 1997 B5 EXHtBIT ~ MAP OF ZONES WESTSIDE iMPROVEMENT AUTHORITY COMMUNIT'f' FA""~ ~TIES DI°TRICT NO 1 ',,-, I I.-! ~ C,'.OUNTY OF Ri\/ERS!E)E,STATE OF CALIFORNIA I '*= I ©OO' I ~ERD"/ Ct:'RTI,CY T!-IAT Till:' \~Tl-ItN MAP ~--NO~tNG THE BOUNDARIES OF THE ',h'EST$1D£ 11~PROVENtENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO~ ~ kr~uG,'R;~u~ur_ Ar~r_^,~. CC~JNTY OF Ei'~RSIDF., STATE OF CALIFORNIA, 'WAS APPROVED BY' TI-IE BOARD OF' DIRECTORS OF THE WESTSIDE IMPROVEi~ENT AUTHORITY, AT A MEETING THID~EOF, HELD -ON THE_ DAY O? B'.t' ITS- ~ESOLUT!ON SECRETARY FILED TI-iiS ..... DAY OF .AT THE HOUR OF ~O'OLOCK,.. ,k~l,, IN BOOK, , , OF M,~.P5 OF AS~MEHT AND CL~,fMUI.I!T¥ FACILIT!E~ Dt~!CT, PAGE ~* THE ,~r~c OF THE CC~JHT'Y ~'~ Tn~ vOUNTt OF RlqxERSIDE, $TATE C~IF~N IA, ?ILED IN iq~E OFFICE OF THE 5ECIRETA~,Y OF' WES'~fBE IMPROVEMENT AUTHORIT]', THIS DAY OF' 199..., COUNTY RECORDER, COUNTT OF RIVERSIDE SECRETARY EN'-"" '""R .......... ~l!~r...r_,.im~.., vENTURES, iN',,.,. LAND PLANNING ~ 01~4L ENgINEERINg LAHD '...~J R',,,'E'/'IIt 6 THE ~tVER.~,IDE C,DUNTT' ,A~.~_.F_~-=~3R'~ MAPS FDR A DETA~LEQ 1~_5 "'O~Pl'ION ~ PARO[t. LII'tE,~ ~4D DI~EN~IOI, IS EXHIBIT C NOTICE OF PUBLIC HEARING Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) Notice is hereby given that on December 9, 1997, the Board of Directors of the Westside Improvement Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982". Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Directors hereby gives notice as follows: The text of said Resolution of Intention is as follows: WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Directors of the Westside Improvement Authority (the "Authority") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, this Board of Directors has received a petition by the owner of the land within the proposed RogersDale development requesting the formation of a community facilities district to finance public facilities, land acquisition and services necessary or incident to such development; and WHEREAS, this Board of Directors now desires to proceed with the establishment of a community facilities district under the Act in order to finance such public facilities, land acquisition and services. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. This Board of Directors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. Section 2. The name proposed for the community facilities district (the "District") is Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least ilfieen days R: WORTONL%4 GENDAS\CFDA GNDA ~RESTCFD. CFD /12/2/97 prior to the public hearing referred to in Section 10 below. Section 4. The type of public facilities and services proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities and services, respectively, on Exhibit A hereto and by this reference incorporated herein (the "Facilities" and the "Services," respectively). The Board of Directors hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act; however the District may enter into one or more contracts directly with any of the property owners with respect to the construction and/or operation of the Facilities. The Executive Director is hereby authorized and directed to enter into joint community facilities agreements with the City of Temecula and any other entity that will own or operate any of the Facilities or provide any of the Services, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and (b) of the Act. The Board of Directors hereby declares that such joint community facilities agreements will be beneficial to residents in the area of the District. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, Services and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors acting as the legislative body for the District to cause bonds of the Authority to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $30,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. R : WOR TONL b4 GENDA $~CIZDA GNDA ~RESTCFD. Cb"D /12/2/9 7 Section 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities, the Services and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to the provisions of the rate and method of apportionment of the special taxes for the District. Section 9. The Director of Public Works of the City of Temecula, as the officer having charge and control of the Facilities and Services in and for the District, or his designee, is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: A. A description of the Facilities and Services by type which will be required to adequately meet the needs of the District. B. An estimate of the fair and reasonable cost of providing the Services and the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. Section 10. Tuesday, January 13, 1998, at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 11. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 12. The Executive Director is hereby authorized to execute and deliver a Deposit/Reimbursement Agreement (the "Deposit Agreement") with the developer of the RogersDale project in the form on file with the Secretary, together with such changes as may be approved by the Executive Director upon consultation with Bond Counsel and general counsel to the Authority. The City Finance Director is hereby authorized and requested to accept the Deposits described in the Deposit Agreement, and to draw against the same and make payment for expenses as contemplated by the Deposit Agreement. The Authority proposes to repay certain landowners within the District, solely from the proceeds of bonds of the Authority issued for the District, funds advanced by such R: ~VORTONL M GI~VDA$~CFD/I GND~I [RESTCFD. CFD /12/2/97 landowners to pay costs of the Authority to form the District, all as provided in the Deposit Agreement. Section 13. The Board of Directors hereby designates the firms of Quint & Thimmig LLP, General Government Management Services, Fieldman, Rolapp & Associates and Stone & Youngberg LLC to act as Bond Counsel, Special Tax Consultant, Financial Advisor and Underwriter, respectively, to the Authority with respect to the District and any bonds of the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services with respect to the District and such bonds, provided that any compensation to such firm is payable solely from the proceeds of the bonds or the proponents of the District. A. The exhibits to the Resolution which describe the facilities and services to be financed and the rate and method of apportionment of the special taxes for the district are on file in the office of the Secretary of the Authority. B. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, January 13, 1998, at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. C. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities or services will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to create the district or levy the special taxes for period of one year from the date of decision of the Board of Directors, and if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax will be eliminated from the proceedings to form the district. D. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: December 9, 1997 By: /$/ June S. Greek Secretary, CMC Authority Secretary R: WORTONL [4 GENDAS~CFDA GNDA ~RESTCFD. CFD /12/'2/97 RESOLUTION NO. WIA 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF ~ PROPOSED WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing certain public improvements (the "Facilities") and services, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $28,000,000; and WHEREAS, in order to finance a portion of the costs of said Fadlities it is necessary to incur bonded indebtedness in the amount of not to exceed $30,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District") in the amount of up to $30,000,000 to finance the costs of the Facilities. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. Section 3. This Board of Directors, actin8 as lesislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $30,000,000, bearing interest payable semi-annuaily or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. Section 4. Tuesday, January 13, 1998, at 7:00 p.m., in the City Council Chambers, 43200 R:WORTONLt4G~SrDA~CFD~4C, NI)A%9~DEBT. CFD 12/$/97 Business Park Drive, Tem~ula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public heating on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 9th day of December, 1997. ATTEST: Chairperson June S. Greek, CMC Authority Secretary R:~ORTONL~4(iIiNDAb'ICFDAONDAg~DEBT. CFD 12/$/97 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 97- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 9th day of December, 1997, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: June S. Greek, CMC City Clerk R:~VORTONLb4(YENDA~'~'FDACrN'DAIRDEBT. CFD 12/3/97 EXHIBIT A NOTICE OF PUBLIC HEARING Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) Notice is hereby given that on December 9, 1997, the Board of Directors of the Westside Improvement Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Intention To Incur Bonded Indebtedness of the Proposed Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) Pursuant To The Mello-Roos Community Facilities Act of 1982". Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Directors hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing certain public improvements (the "Facilities") and services, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $28,000,000; and WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $30,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District") in the amount of up to $30,000,000 to finance the costs of the Facilities. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. Section 3. This Board of Directors, acting as legislative body for the District, intends to R:~VORTONL~AGENDAS~CFDAGNDA %O~DEBT. CFD 12/2/97 authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $30,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. Section 4. Tuesday, January 13, 1998, at 7:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. A. The hearing referred to in the aforesaid Resolution is to be held at the time and place specified in said Resolution. B. At that time and place the testimony of all interested persons, including persons owning property in the area of the proposed community facilities district, will be heard. Dated: December 9, 1997 By: /s/ June S, Greek, CMC Secretary, Westside Improvement Authority R:WORTONL~AGI~IDA$ICFDAGNDAhr~DEBT. CFD 12/2/97 DEPOSIT/REIMBURSEMENT AGREEMENT Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and between the Westside Improvement Authority (the "Authority") for and on behalf of the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "CFD"), and Trigger Entertainment and Sports LLC, a California limited liability company (the "Company"). RECITAL5' W[IEREAS, the Company has requested that the Authority consider the issuance of bonds for the CFD (the "Bonds") under Sections 53311 et seq. of the California Government Code (the "Act"); and WHEREAS, the Company is willing to deposit funds with the Authority to ensure payment of the costs of the Authority, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula (the "Agency") in forming the Authority and otherwise in connection with the issuance of bonds for the CFD and the proposed expenditure of the proceeds thereof, provided that such funds so advanced are reimbursed to the Company from the proceeds of any bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority and the Company now desire to specify the terms of said deposit and reimbursement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deposit: Additional Advances. The Company has provided to the Authority $105,000 (the "Deposit"), to be used by the Authority to pay the costs in conducting proceedings for the issuance of bonds for the CFD (as more fully described in Section 2(a) below, the "Initial Costs"), said amount having been heretofore delivered by the Company to the Finance Director of the City, in her capacity as treasurer of the Authority, by means of a check made payable to the "City of Temecula." The Authority, by its execution hereof, acknowledges receipt of the Deposit. The check representing the Deposit shall be cashed by the City, and the Deposit may then be tommingled with other funds of the of the Authority or the City for purposes of investment and safekeeping, but the Authority shall at all times maintain records as to the expenditure of the Deposit. The Company hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City, the Agency or the Authority, in excess of the amount of the Deposit, R: WORTONL ~A Ot~rDA $~CFDA GNDA ~) EPI~ t4'PD 12/2/97 promptly upon written demand therefore by the Finance Director of the City; provided that the amount of the Deposit, plus any such additional amounts (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"), shall not exceed $150,000 without the prior written consent of the Company. Notwithstanding the foregoing, the City Manager may direct City, Agency and Authority staff and consultants to cease all work related to the issuance of the Bonds and/or the formation of the Authority and the CFD until any additional amount so demanded has been received by the Authority. Section 2. Use of Funds. The Deposits shall be administered as follows: A. The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (I) the fees and expenses of any consultants to the City, the Agency or the Authority employed in connection with the issuance of the Bonds and the proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the City Attorney, Agency special counsel, Bond Counsel and financing and special tax consultants); (ii) the costs of appraisals, market absorption and feasibility studies and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds or the land or facilities to be acquired with the proceeds of the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof, (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City, the Agency or the Authority with respect to the CFD or the Bonds after the date of execution of this Agreement. The Company hereby acknowledges that, at a minimum, the following amounts will or may be charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (I) $25,000.00 to Quint & Thimmig LLP, bond counsel, due upon adoption by the Authority of a resolution of intention to form the CFD, (ii) $5,500.00 to General Government Management Services, special tax consultant, due upon execution by the Authority of this Agreement, (iii) $25,000.00 to Munger, Tolles & Olsen, underwriter's counsel, due upon the earlier of commencement of the drafting of a preliminary official statement for the Bonds or December 31, 1997, (iv) up to $24,500.00 to Brown Chutley, appraisers, due upon in accordance with any agreement by the City, the Agency or the Authority with the appraisers, (v) up to $20,000.00 to Richards, Watson & Gershon, due from time to time as legal services are provided by such firm to the City, the Agency and the Authority with respect to the CFD, the Bonds and/or the Authority, and (vi) up to $5,000.00 to PMW Associates for consulting services to the City, the Agency and/or the Authority related to the CFD and the Bonds. B. If the Bonds are issued under the Act by the Authority secured by special taxes levied upon the land within the CFD, the Authority shall provide for reimbursement to the Company, without interest, of all amounts charged against the Deposits, said reimbursement to be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days atter the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Company, without interest, less an amount equal to any costs incurred by the City, the Agency or the Authority or that the City, the Agency or the Authority is otherwise committed to pay, which costs would be subject to payment R: WORTONL M GENDAS~CFDA GNDA ~EP~L I4/PD 12/2/97 under Section 2(a) above, but have not yet been so paid. C. If the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of the resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the issuance of the Bonds, return the then unexpended Deposits to the Company, without interest, less an amount equal to any costs incurred by the City, the Agency or the Authority or that the City, the Agency or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Company Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Company incurred in connection with the CFD from the proceeds of the Bonds, including, but not limited to fees and expenses of legal counsel to the Company. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. Agreement Not Debt or Liability. of City, Agency or Authority.. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, the Agency or the Authority, as provided in Section 53314.9(b) of the Act. None of the City, the Agency or the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. The City, the Agency or the Authority shall not be obligated to advance any of their own funds with respect to the CFD or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Agency Governing Board, the Board of Directors of the Authority or officer, employee or agent of the City, the Agency or the Authority shall to any extent be personally liable hereunder. Section 5. No Obligation to Issue Bonds. The provisions of this Agreement shall in no way obligate the City, the Agency or the Authority to issue any bonds, or to expend any of their own funds in connection with the CFD. Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accounting. The City Finance Director shall provide the Company with a written accounting of moneys expended under this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefor submitted by an authorized officer of the Company. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. R: WORTONL %4 GENDA S~CFDA GArDA ~EPId FFPD 1 ~/2/97 Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: December 9, 1997 COMPANY: TRIGGER ENTERTAINMENT AND SPORTS LLC, a California limited liability company By: Its: Executed on: December 9, 1997 AUTHORITY: WESTSIDE IMPROVEMENT AUTHORITY, on behalf of the Westside Improvement Authority Community Facilities District 1 (RogersDale Area) By: Executive Director R: WORTONL DI GENDASiCFDA GNDA [DEPIC WPD 12/2/97 AGREEMENT FOR BOND COUNSEL SERVICES BY AND BETWEEN THE WESTSIDE IMPROVEMENT AUTHORITY AND QUINT & THIMMIG LLP, FOR BOND COUNSEL SERVICES IN CONNECTION WITH BOND PROCEEDINGS THIS AGREEMENT is entered into this 9th day of December, 1997, by and between the WESTSIDE IMPROVEMENT AUTHORITY (the "Authority") and QUINT & THIMMIG LLP, San Francisco, California ("Attorneys"). WITNE S S E TH: WHEREAS, the Authority is considering the issuance of one or more series of bonds (the "Bonds") under the Mello-Roos Community Facilities Act of 1982 for the purpose of providing funds to assist in the financing of public improvements and the acquisition of land for public purposes in the Westside area of the City of Temecula (the "City"); and WHEREAS, in connection with such financing the Authority requires the advice and assistance of bond counsel. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the parties hereto do hereby agree as follows: Section 1. Duties of Attorneys. Attorneys shall do, carry out and perform all of the following services as are necessary for the issuance of the Bonds: (a) Consultation and cooperation with the City, the City Attorney, the City Manager and all other officers and employees of the City and the Authority, with the underwriter, financial advisor, special tax consultant and other professional firms engaged by the Authority with respect to the issuance of the Bonds and assisting such persons in the formulation of a coordinated financial and legal financing from the proceeds of the Bonds. (b) Preparation of all legal proceedings deemed necessary or advisable by Attorneys for the authorization, issuance and delivery of the Bonds; including preparation of (i) documentation required for the issuance of the Bonds by the Authority, including a fiscal agent agreement or resolution authorizing the issuance of the Bonds, resolution authorizing and directing the sale of the Bonds, resolution awarding the sale of the Bonds to the purchaser thereof, all documentation required to be executed by the Authority in connection with the delivery of the Bonds to the purchaser thereof, and all agreements providing collateral security for the Bonds except as may be within the scope of responsibility of any attorneys representing other parties to the transaction, (ii) necessary California Debt and Investment Advisory Commission filings and other reports and documents required to be filed by the Authority in connection with the issuance of the Bonds, (iii) certificates, deeds, requisitions, receipts and other documents required in connection with the delivery of the Bonds to the original purchaser thereof, and (iv) other proceedings of the Authority incidental to or in connection with the issuance, sale and delivery of the Bonds. (c) Application for any Internal Revenue Service or bther rulings deemed necessary by Attorneys (but only following consultation with and approval by the City) to ensure the exemption of interest on the Bonds from federal or, if applicable, State of California personal income taxation. (d) Advising the Authority as to the need to register the Bonds under applicable federal securities laws or to obtain a permit to issue the Bonds under applicable State of California securities laws, or to obtain no-action letters or similar determinations from the Securities Exchange Commission or California Corporations Commission. (e) Subject to the completion of proceedings to the satisfaction of Attorneys, providing a legal opinion (i) approving the legality of the proceedings of the Authority for the authorization, issuance and delivery of the Bonds, and (ii) stating that interest on the Bonds is excluded from gross income for federal income tax purposes a.nd is exempt from State of California personal income taxation. (f) Legal consultation requested by the City concerning the Bonds and any resolutions, certificates, agreements and other documents relating to the authorization, issuance and delivery of the Bonds at any time following issuance of the Bonds. (g) Attorneys shall perform such other and further services as are customarily performed by bond counsel on similar financings. Attorneys shall not be responsible for the preparation or content of any official statement or other offering document prepared by or on behalf of an underwriter or financial consultant other than to examine any such official statement or other offering document as to the description of the Bonds and related financial agreements drafted by Attorneys and as to matters within Attorneys' knowledge (without undertaking any independent investigation thereof). Attorneys shall not be responsible for (i) compliance by the City or the Authority with arbitrage rebate requirements under federal tax law, other than to render advice as to the legal interpretation of such requirements as set forth in the documents relating to the Bonds, (ii) any continuing disclosure required under federal securities laws related to the Bonds, or (iii) the representation of the City or the Authority in connection with any litigation involving the Bonds. Without limiting the generality of the foregoing, Attorneys shall not be responsible for preparing any calculations or documentation to establish compliance with such rebate requirements or otherwise for computing the amounts required to be rebated, for preparation or review of any continuing disclosure statements concerning the Bonds, or for providing any litigation services related to the Bonds, without a separate agreement between the Authority and Attorneys. Section 2. Compensation. For the services listed in Section 1, Attorneys shall be paid a percentage fee, applied to the aggregate principal amount of the Bonds issued, equal to the sum of: (a) two percent of the first $1 million principal amount of the Bonds, plus (b) one percent of the next $4 million principal amount of the Bonds, plus (c) one-half of one percent (1/2 of 1%) of the next $10 million principal amount of the Bonds, plus (d) one-eighth of one percent (1/8 of 1%) of the remaining principal .amount of the Bonds. In addition, the Authority shall reimburse Attorneys for all out-of pocket costs and expenses incurred by Attorneys in connection with their services hereunder for messenger and delivery services, photocopying, legal publication, out-of-state travel, and the cost of preparing transcripts of the proceedings for closing purposes. The first $25,000 of said compensation shall be due and payable, and shall be completely earned by Attorneys, upon adoption by the Authority of a resolution of intention to form a community facilities district. Said amount shall be paid solely from a deposit advanced by the proponents of the district, and shall be credited against the total amount due to Attorneys hereunder if the Bonds are issued. Payment of the remainder of said compensation shall be entirely contingent upon the successful issuance of the Bonds, and shall be payable solely from the proceeds of the Bonds and from no other funds of the City or the Authority. Section 3. Responsibilities of Authority. The Authority shall cooperate with Attorneys and shall furnish Attorneys with certified copies of all proceedings taken by the Authority and deemed necessary by Attorneys to render an opinion on the validity of the Bonds. All costs and expenses incurred incidental to the actual issuance and delivery of the Bonds, including the cost and-expense of preparing certified copies of proceedings required by Attorneys in connection with the issuance of the Bonds, the cost of all printing and publication costs, fees and expenses of parties other than Attorneys, costs and expenses of legal advertising and all other expenses incurred in connection with the issuance of the Bonds, shall be paid by the Authority from the proceeds of the Bonds and shall not be the responsibility of Attorneys. Section 4. Termination of Agreement. This Agreement may be terminated at any time by the Authority with or without cause upon thirty days written notice to Attorneys. In the event of such termination, all finished and unfinished documents shall at the option of the Authority become its property and shall be delivered to the Authority by Attorneys. IN WITNESS WHEREOF, the Authority and Attorneys have executed this Agreement as of the date first above written. WESTSIDE IMPROVEMENT AUTHORITY By Executive Director QU/NT & THIMMiG LLP 23000.01:J3384 11/28/97 By Paul J. Thimmig, Partner CITY OF TEMECULA AGREEMENT APPRAISAL SERVICES OLD TOWN TEMECULA ENTERTAINMENT CENTER THIS AGREEMENT, is made and effective as of October 1, 1997, between the City of Temecula, a Municipal Corporation ("City") and Brown, Chudleigh, Schuler and Associates, ("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 1,1997, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 30, 1998, unless sooner terminated pursuant to the provisions of this Agreement. However, preliminary values will be provided to the City by December 19, 1997. 2. ~ERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Twenty-Four Thousand Five Hundred Dollars and No Cents ($24,500.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. It is so noted that Consultant has been issued a retainer in the amount of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00) for services pursuant to the provisions of the Agreement. b. Consultant shM1 not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. -1- 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. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. 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. 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 aeex)unfing principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at -2- 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 f'mal payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, appraisal information, computer fries, 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 fries, 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 fries. c. Consultant agrees to furnish City with three copies of the appraisal to establish the market value of the fee simple interest in the subject property for mortgage financing purposes. The documents shall comply with the professional and ethical requirements of the professional appraisal organizations of which the Consultant, or anyone employed by the Consultant, is a member. 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 sole negligence of the City. 9. INDEPENDENT CONSULTANT. a. Consultant is and shall at all times remain as to the City a wholly independent Consultant. 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. -3- 10. LEGAL RESPONSIBILITIF3. 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. 11. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or sub Consultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub Consultants 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 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. 12. 151_O_TI_C,~. 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 ('fii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 Walk-In Delivery or Courier: 43200 Business Park Drive Temecula, California 92590 Attention: City Manager -4- To Consultant: Brown, Chudleigh, Schuler and Associates 744 Cardley Avenue, Suite 100 Medford, Oregon 97504 Phone (541) 772-8566 13. ~. 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. 14. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 15. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 16. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WI-IE~F, the parties hereto have caused this Agreement to be executed the day and year Errst above written. CITY OF TF.3/IECULA By. Mayor Attest: June S. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney -5- Consultant Brown, Chudleigh, Schuler and Associates 744 Cardley Avenue, Suite 100 Medford, Oregon 97504 (541) 772-8566 By. -6- EXHIBIT A TASKS TO BE PERFORMED Consultant agrees to perform the following Scope of Services: Consultant shall provide appraisal services in connection with the proposed Old Town Temecula Entertainment Center to be located in Temecula, California. Brown, Churlleigh, Schuler and Associates will prepare a complete, self-contained narrative appraisal report on the property assuming completion of the proposed improvements. This appraisal shall be utilized for mortgage financing purposes. In regards to the appraisal the following assumptions are understood: . The appraisal will be based primarily upon the cost and income approaches to value, based upon the spec'mlized nature of the proposed development. The cost approach will provide indication of the estimated replacement cost of the project including land value. The income approach will focus on the revenue generating capacity of the various components of the project and will include discounted cash flow analyses for the various components which will address the trending of income and expense levels over the course of a typical investment period. . The appraisal will be reflective of the changes to the overall development plan and will include updated information pertaining to the projected level of ticket pricing considered achievable for the various entertainment venues. Updated retail rental information will also be included in order to reflect the projected revenue source considered attributable to the retail component. . Preliminary values will be provided to the City by December 19, 1997.Included in the completed report will be copies of maps, photographs, and other pertinent exhibits. The completed appraisal report will be provided in triplicate by January 30, 1998. . The City of Temecula will provide any information requested by the Consultant that is considered necessary for the completion of the appraisal. -7- EXHIBIT B PAYMENT SCHEDULE Consultant shall be paid the sum as outlined in the attached Consultant agreement. This amount shall not exceed Twenty Four Thousand Five Hundred Dollars and No Cents ($24,500.00). As outlined in section 4 of this agreement and the attached Contractor agreement, Consultant has been paid a retainer in the amount of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00). Consultant acknowledges that the retainer is a portion of the stated assignment fee. R:\VOLLMUM\AGREEMNT.ALL\BROWNCHU.ENT -8- ITEM 16 APPRO~, CITY ATTORNEY DIRECTOR OF FINA~/C~E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director December 9, 1997 Appeal of the Planning Commission's Approval of Planning Application No. PA97- 0170 (Conditional Use Permit) - The design and construction of a 105,838 square foot self-storage facility with a two story resident manager's unit and office building, and associated parking and landscaping within the Roripaugh Estates Specific Plan (Planning Area 8), located on the north side of Nicholas Road, north of the intersection of Roripaugh and Nicolas Roads. Prepared By: Patty Anders, Assistant Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. Adopt the Negative Declaration for Planning Application No. PA97-0170; . Adopt the Mitigation Monitoring Program for Planning Application No. PA97- 0170; 3. Adopt a Resolution entitled: RESOLUTION NO. 97- ., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97- 0170 (CONDITIONAL USE PERMIT -APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION APPROVING PLANNING APPLICATION NO. PA97-0170 (CONDITIONAL USE PERMIT) TO DESIGN AND CONSTRUCT A 105,838 SQUARE FOOT SELF- STORAGE FACILITY WITH A TWO STORY RESIDENT MANAGER'S UNIT AND OFFICE BUILDING, AND ASSOCIATED PARKING AND LANDSCAPING ON 5.15 ACRES LOCATED ON THE NORTH SIDE OF NICOLAS ROAD, NORTH OF THE INTERSECTION OF RORIPAUGH AND NICOLAS ROADS, WITHIN THE RORIPAUGH ESTATES SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NO. 911-670-019. R:\STAFFRFr~170PA97.CC 12/1/97 pa 1 PROJECT DESCRIPTION This project is the design and construction of a 103,510 square foot self-storage facility with a 2,328 square feet two story resident manager's unit and office building for a total of 105,838 square feet with associated parking and landscaping on a 5.15 acre parcel located on the north side of Nicholas Road, north of the intersection of Roripaugh and Nicolas Roads in Planning Area 8 of the Roripaugh Estates Specific Plan (SP 164). The project complies with the development standards such as lot coverage, setbacks, height limitations, landscaping and parking. BACKGROUND The project was heard by the Planning Commission on October 20, 1997 and was approved by a 3-2 vote with amendments to the conditions of approval. A copy of the draft minutes is included as Attachment 4. The Planning Commission staff report is included as Attachment 5. In addition to several letters of opposition, two applicants spoke in opposition to the project. The various letters and petitions of opposition are included as Attachment 6. The following are the reasons area residents indicated they were opposed to the project: The proposed use is not consistent with the surrounding residential developments because of the noise, lighting, reflective heat, and aesthetics impact that would result and these impacts would significantly impact the surrounding residents; · There would be a decline in property values because of this type of development; There would be an adverse visual impact on the homes located at a higher elevation because they would have to look down on the self-storage facility; and, The potential environment impacts from the loss of ground water, potential impacts from storm water run-off, and fire, explosive and presumed chemical hazards require a complete Environmental Impact Report. In response to the community's concerns about the facility, the Planning Commission added conditions of approval to limit the facility's hours of operation, to restrict the use of the storage units, and to prohibit loud music. In addition, some of the residents opposing the self-storage development cited the issue of the zoning and permitted uses for Planning Area 8. It was stated that they believed that at the January 25, 1994 Council meeting, the applicant and the City agreed to leave Planning Area 8 as Office, which they believed would not allow uses such as self-storage, but would only permit medical, dental, and other professional offices. It was their belief that Mr. Roripaugh had committed to developing the land as a professional office complex to serve as a buffer between neighborhood commercial (Area 9) and the Summerfield and Roripaugh developments. An appeal to the City Council was filed on November 3, 1997 by Councilman Karl Lindemans. Councilman Lindemans' appeal stated that he was concerned about the compatibility of the use with the surrounding homes, the effectiveness of the conditions of approval, and the status of the current zoning on the property. R:\STAFFRFT\170PA97.CC 12/1/97 pa 2 DISCUSSION Com_Datibilitv During the review process of this application, the need to ensure its compatibility with the adjacent land uses was a key issue. It is staff's and the Commission's belief that the proposed use is compatible with, and would provide a good buffer between the commercial property to the west and the single family residential property to the east. The reason the self-storage project was considered to be compatible with the adjacent residences is that these facilities are generally not intensive or noisy land uses and do not generate odors or toxic fumes. In addition, self-storage facilities generate only 2.61 trips per 1,000 square feet of floor area on an average weekday, whereas a general office building generates 24.6 trips per 1,000 square feet of floor area (Source: Institute of Transportation Engineers). Therefore, the proposed development will generate much less traffic than other types of office and commercial land uses. The project was also designed to be architecturally compatible with the surrounding area. The wall along the south of the project (facing Roripaugh Road) is designed to match the adjacent tract wall in terms of materials, height, and color. The exterior walls on the west elevation will ultimately be screened when the future shopping center at the corner of Winchester and Nicolas Roads is developed. The exterior walls on the south elevation will also be screened when the parcels in front of the subject site (immediately adjacent to Nicolas Road) are developed. The manager's unit will have a residential appearance with stucco walls and a tile roof to match the nearby single family homes. The roofs of the storage units will be a high quality standing metal seam. The heights of all the buildings are consistent with the adjacent one- and two-story units. The Specific Plan also requires an expanded setback next to the adjacent residential uses to ensure an adequate buffering. The project was designed with a 25 foot setback adjacent to residential development to the east, and a 25 foot rear yard setback along the Santa Gertrudis Creek (north elevation). There will be landscaping on the north, south and west elevations that will provide an excellent buffer from the residential development. In addition, the majority of the recreational vehicle parking area is located on the northwest portion of the site, well away from the residential development. The City Fire Department felt that common explosive or hazardous materials typically found in most residential garages constitute a bigger threat than that posed by a self-storage facility. For these reasons, the Commission determined that this project would be compatible with the surrounding development. Effectiveness of the Conditions of Aooroval The project has been conditioned with several operating requirements to ensure that any impact on area residents is minimized. The Conditions of Approval will also provide the City with adequate regulatory authority to address the resident's concerns (see Conditions of Approval Nos. 4-6 and 13-15, Attachment 2, Page 10). R:\STAFFRPT\170PA97.CC 12/1197 pa 3 Land Use and Zoning The subject site is located within Planning Area $ of the Roripaugh Estates Specific Plan. The Land Use Description in the Specific Plan is Office Commercial. The Specific Plan incorporates most of Article IX (C-1/C-P General Commercial) of Ordinance 348 for its development standards and permitted uses. According to the land use standards in the Specific Plan, a self- storage facility is conditionally permitted. Specific Plan Amendment Number 2 was initially considered by the Planning Commission in November, 1993. The original proposal was to enlarge the size of Area 8, convert Planning Area 8 from Office Commercial to Very High Density Residential, transfer some of the density between Planning Areas 7 and 8, allow a small lot single family development in Area 7 (now the Summerfield development), and allow for a future multiple family development in the expanded Planning Area 8. However, this request generated a significant amount of controversy. The public's opposition was focused on the proposed multiple family residential uses that were initially requested for Planning Area 8. The minutes from the Commission and Council meetings are included as Attachment 7. Through the Commission and Council meetings, numerous alternatives were considered to try to resolve the controversy associated with this request. The final resolution was to keep the expanded Planning Area 8 as Office Commercial and to develop Area 7 as a small lot single- family product. To clear up the potential conflict between the Specific Plan and the recently adopted General Plan, a Memorandum of Understanding between the City and the property owner was approved. The Memorandum of Understanding stated that the City would process a General Plan Amendment to change the designation of Planning Area 8 on the General Plan from High Density Residential to Professional Office. This was completed in 1994. However, the need to prepare a detailed Specific Plan Amendment was not identified. As a result, the development standards for Planning Area 8 were not changed in Specific Plan Amendment No. 2. The Specific Plan states that a self-storage facility is a conditionally permitted use. The list of permitted and conditionally permitted uses for Planning Area 8 are contained as Attachment 8. It should be noted that the current Development Code standards for the Professional Office (OP) zone were not finally adopted by the City until the end of 1995. Therefore, the project could not have been subject to the City's current development standards for the Office Professional zone. Although the City's OP zone does not allow self-storage facilities, the subject site is located within the Roripaugh Estates Specific Plan. It is the City Attorney's opinion that the site must be developed in accordance with the permitted use types and standards of the Specific Plan, not the City's Development Code. The Specific Plan was approved in conjuction with a Development Agreement which expired on December 1, 1997. R:\STAFFRPT\170PA97.CC 12/1/97 pa 4 CONCLUSION It is staff's opinion that this project is an appropriate use for the site as it is a good transitional use between commercial and residential activities. The project is also consistent with the Roripaugh Estates Specific Plan. Finally, the conditions of approval are adequate to regulate the use of this facility. In addition, this project would help address some of the current shortages in self-storage and RV storage opportunities within the City. Attachments: , . 3. 4. 5. 6. 7. o City Council Resolution - Page 6 Exhibit A. Conditions of Approval - Page 10 Appeal Memorandum dated November 3, 1997 - Page 22 Planning Commission Resolution No. PC97-030 - Page 23 Draft Minutes of the Planning Commission Hearing of October 20, 1997 - Page 27 Planning Commission Staff Report dated October 20, 1997 - Page 28 Letter/Petitions in Opposition - Page 29 Planning Commission Minutes from November 1, 1993 & City Council Minutes from January 25, 1994 and February 22, 1994 - Page 30 List of Permitted Uses in Planning Area 8 - Page 31 Site Plan Exhibit - Page 32 R:\STAFFRFF\170PA97.CC 12/1/97 pa 5 ATTACHMENT NO. I RESOLUTION NO. 97- R:\$TAFFRPT\170PA97.CC 12/1/97 pa ~3 ATTACHMENT NO. 1 RF~OLUTION NO. 97- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0170 (CONDITIONAL USE PERMIT - APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA97-0170 (CONDITIONAL USE PERMIT- APPEAL) TO DESIGN AND CONSTRUCT A 105,838 SQUARE FOOT SELF-STORAGE FACILITY WITH A TWO STORY RESIDENT MANAGER'S UNIT AND OFFICE BUILDING, AND ASSOCIATED PARKING AND LANDSCAPING ON 5.15 ACRES LOCATED ON THE NORTH SIDE OF NICHOLAS ROAD, NORTH OF THE INTERSECTION OF RORIPAUGH AND NICHOLAS ROADS, WITHIN THE RORIPAUGH ESTATES SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NO. 911- 670-019. WHEREAS, Scott Barnard, Z.B. Investment Co., filed Planning Application No. PA97- 0170 (Conditional Use Permit) in accordance with the City of Temecula General Plan, the Roripaugh Estates Specific Plan, and applicable sections of the Development Code; WHEREAS, Planning Application No. PA97-0170 (Conditional Use Permit) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0170 (Conditional Use Permit) on October 20, 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; WHEREAS, the Planning Commission approved Planning Application No. PA97-0170 (Conditional Use Permit) with Conditions of Approval and adopted Resolution No. 97-030 on October 20, 1997; WHEREAS, Councilmember Karl Lindemans notified the Community Development Department in writing on November 3, 1997 of his desire for Planning Application No. PA97-0170 (Conditional Use Permit) to be reviewed and considered by the City Council; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA97-0170 (Conditional Use Permit - Appeal) on December 9, 1997, at which time interested persons had an opportunity to testify either in support of or opposition to the previously approved project; R:\STAFFRPT\170PA97.CC 12/1/97 pa 7 WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA97-0170; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings; to wit: That the Temecula City Council hereby makes the following A. That the proposed commercial land use is appropriately located within a Neighborhood Commercial Land Use Designation and a Land Description of Office that is located within Planning Area 8 of the Roripaugh Estates Specific Plan; B. The proposed use is in conformance with the General Plan for Temecula, the Roripaugh Estates Specific Plan and with all applicable requirements of State Law and other ordinances of the City. The project is consistent with all City Ordinances including: Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions; C. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project as proposed complies with the Roripaugh Estates Specific Plan, all applicable City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare; De surrounding area; That the design and layout of the facility minimize its impact on the E. That an Initial Study was prepared for the project and it has been determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project; and, F. That the project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and street scape installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no any indication that any wildlife species exist, or that the site serves as a migration corridor. Section 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. R:\STAFFRPT\170PA97.CC 12/1/97 pa 8 Section 3. Ap_pro3/al The City Council hereby upholds the decision of the Planning Commission and approves Planning Application No. PA97-0170 (Conditional Use Permit subject to the Conditions of Approval contained in Attachment A. Section 4. PASSED, APPROVED, AND ADOPTED this 9th day of December, 1997. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this ~ day of ,1997. ATTEST: Ron Roberts, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the ~ day of , 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk R:\STAFFRPT\170PA97.CC 12/1/97 pa 9 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFRPT\170PA97.CC 12/1/97 pa 10 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0170 (Conditional Use Permit) Project Description: A conditional use permit request for the design and construction of a 103,510 square foot self-storage facility with a resident manager's unit and office building of 2,328 square feet with associated parking (including R.V.) and landscaping on a parcel containing 5.15 acres located on the north side of Nicholas Road, north of the intersection of Roripaugh and Nicolas Roads known as a portion of Assessor's Parcel No. 911-670-019. Assessor's Parcel No.: 911-670-019 Approval Date: October 20, 1997 Expiration Date: October 20, 1999 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project · The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars (,'1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar (,'1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements ~ 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 this Planning Application. City shall promptly notify the developer/applicant of any claim, action, or proceeding for which indemnification is sought and shall further cooperate fully in the defense of the action. . This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction R:\STAI~RPT\170PA97.CC 1211197 pa 1 1 . . . . . . 10. 11. 12. contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, The hours of operation shall be restricted to Monday through Saturday, 7:00 a.m. to 7:00 p.m., and Sunday, 8:00 a.m. to 6:00 p.m. (Added by Planning Commission on October 20, 1997) The applicant shall post a sign near the entrance of the facility requiring all guests or renters to turn down any radios/stereos when in the self-storage facility so that the adjacent residential development will not be impacted. The text and location of the sign shall be approved by the Planning Manager. (Added by Planning Commission on October 20, 1997) The storage units shall not be rented for or used as a music practice/rehearsal facility. (Added by Planning Commission on October 20, 1997) An application for signage shall be submitted and approved by the Planning Manager. The development of the premises shall conform substantially with Exhibit D, or as amended by these conditions. a. _ __ .. .......... L --II '~-- C:o=o" L ' ,o~k o,,o,, b= pr~¥;~,~J. (Deleted by Planning Commission on II October 20, 1997) The applicant shall obtain permission from the property owner of the parcel(s) directly south of the subject site to install the five (5) foot landscaped area as shown on the Site Plan (Exhibit D). Landscaping shall conform substantially with Exhibit E, or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the satisfaction of the Planning Manager. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. Building elevations shall conform substantially with Exhibit G (color elevations), or as amended by these conditions. Colors and materials used shall conform substantially with Exhibit H, or as amended by these conditions (colors and material board). Materials Office Bldg/Manager's Unit Tile Roof Manager/Office Building Rib Roof on Storage Buildings Roll-Up Doors Walls at Storage Buildings Accent Color Accent Color Colors Eggshell Mediterranean Blend Coast Point (SW# 2053) MeadowLark (SW# 2054) Twisted Branch (SW#2056) *Color to be reviewed and approved by the Planning Manager R:\$TAFFRPT\170PA97.CC 12/1/97 pa 12 13. All business activities, other than rental of storage units, including miscellaneous or garage sales, and transfer/storage businesses which utilize vehicles as part of the business are prohibited. There shall be no servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment. 14. No hazardous, toxic or illegal materials or substances shall be stored in the self-storage facility. (Added by Planning Commission on October 20, 1997) 15. Periodical auctions will be held by the property owner to auction the belongings of delinquent renters. These auctions shall be held no more than once a month, during normal business hours. 16. The addition of the property between the Santa Gertrudis Creek Channel to this project shall require the approval of the Planning Manager. Landscaping and fencing patterns shall match the rest of the project as approved by the Planning Commission. Prior to the Issuance of Grading Permits 17. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation). 18. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to the Issuance of Building Permits 19. A Development Impact Fee shall be paid. 20. A Consistency Check fee shall be paid. 21. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation Fees. 22. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. 23. The landscaping plans shall include the installation of a mow curb along the northerly property line, set 2" above grade, where adjacent to the Santa Gertrudis Recreational Trail. 24. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. R:\STAFFRPTH?0PA97.CC 12/1/9'7 pa 13 Prior to the Issuance of Occupancy Permits 25. An application for signage shall be submitted and approved by the Planning Manager. 26. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 27. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 28. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning ." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 29. Performance securities, in amounts to be determined by the Director of Planning to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. 30. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 31. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. BUILDING AND SAFETY DEPARTMENT Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 32. Submit at time of plan review complete exterior site lighting plans in compliance with ordinance number 655 for the regulation of light pollution. R:\STAFFRPT\170PA97.CC 12/1/97 pa 14 33. Obtain all building plan and permit approvals prior to commencement of any construction work. 34. Obtain street addressing for all proposed buildings prior to submittal for plan review. 35. All building and facilities must comply with applicable disabled access regulations, Provide all details on plans. (California Disabled Access Regulations effective April 1, 1994) 36. Provide disabled access from the public way to the main entrance of the building. 37. Provide van accessible parking located as close as possible to the main entry. 38. Show path of accessibility from parking to furthest point of improvement. 39. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 40. Restroom fixtures, number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 41. Provide an approved automatic fire sprinkler system. 42. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan .review. 43. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. 44. Truss calculations that are stamped by the engineer of record and the truss manufacturers engineer are required for plan review submittal. 45. Provide precise grading plan for plan check submittal to check for handicap accessibility. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site Plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. General Requirements 46. A Grading Permit for precise grading, including all onsite flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 47. 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. R:\STAFFRPT\l?0PA97,CC 12/1/97 pa ~ 1 5 48. All 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. 49. Graded but undeveloped land shall be stabilized from erosion to the satisfaction of the Director of Public Works. 50. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Prior to Issuance of a Grading Permit 51. A Precise Grading Plan shall be prepared by a registered Civil Engineer and shall conform to applicable City standards. Plans shall be reviewed and approved by the Departments of Public Works and Community Development. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. C. 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. Localized mounding of earth may be required in parkway areas as deemed necessary by the Public Works Director to provide adequate headlight screening from adjacent thoroughfares. 52. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Flood Control and Water Conservation District Planning Division Department of Public Works Building & Safety Division 53. A Soils Report shall be prepared by a registered Soils or Civil 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 pavement sections. 54. A Geological Report, prepared by a qualified engineer or geologist, shall be submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 55. Permanent landscape and irrigation plans shall be submitted to the Planning Division and the Department of Public Works for review and approval. R:\$TAFFRPT\170PA97.CC 1211197 pa 16 56. 57. 58. 59. 60. 61. 62. 63. 64. The Developer shall obtain any necessary letters of approval for offsite work performed on adjacent properties in a format acceptable to the Department of Public Works. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Permit shall include, but not be limited to, the following criteria: a. The impact to the site from any flood zone as shown on the FEMA flood hazard map and any necessary mitigation to protect the site. b. Adequate elevation or flood proofing of the proposed buildings above the 100- year flood elevation. The site is in an area identified on the Flood Hazard Maps as Flood Zone A and is subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with Chapter 15.12 of the City of Temecula Municipal Code, and with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 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 Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. A permit from Riverside County Flood Control and Water Conservation District is required for work within their Right-of-Way or to connect to District maintained facilities. A catch basin shall be installed in Nicolas Road at the proposed driveway. The catch basin shall be designed to intercept storm flows from the east as approved the Public Works Department. 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. R:\$TAFFRPT\170PA97.CC 12/1/97 pa 17 ' Prior to Issuance of a Building Permit 65. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 66. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 67. The Developer shall provide an easement for ingress and egress over the adjacent property. The easement shall grant to the public access rights for emergency vehicles and for the construction and maintenance public utilities and storm drain facilities. The ingress/egress easement shall be a minimum of 40 foot wide or as approved by the Department of Public Works. 68. The 20 foot wide ingress/egress easement along the east property line, instrument number 44733, recorded February 10, 1995 shall be vacated. 69. The developer shall file a lot line adjustment to adjust the boundaries of Lots 181, 182, 183 and 184 as shown in Map Book 8, records of San Diego County, California. The lot lines shall be substantially as shown on the site plan or as approved by Directors Public Works and Community Development. The lot line adjustment shall be submitted to the Departments of Public Works and Community Development for review and approval. Prior to the issuance of a building permit the developer shall submit proof of the recordation of the deed or Record of Survey and the "Notice of Lot Line Adjustment" with the County of Riverside Recorder. 70. The developer shall provide a cash deposit for the pro-rata share on an acreage basis for the construction cost of a 6 foot wide sidewalk along Nicolas Road. Prior to Issuance of a Certificate of Occupancy 71. 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 72. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 73. All public improvements and private improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. R:\STAFFRPT~170PA97.CC 12/1/97 pa 18 FIRE DEPARTMENT Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy and use and Uniform Building Code (UBC), Uniform Fire Code (UFC), and related codes which are in force at the time of building plan submittal. 74. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide or show there exists a water system capable of delivering 2,000 GPM for a 2 hour duration at 20 PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. (UFC 903.2, Appendix Ill.A) 75. The Fire Prevention Bureau is required to set minimum fire hydrant distances per UFC Appendix Ill. B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 ~" outlets) on a looped system shall be located on fire access roads and adjacent to public: streets. Hydrants shall be spaced at 450 feet apart and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. (UFC 903.2, 903.4.2, and Appendix Ill-B) 76. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (UFC 8704.2 and 902.2.2) 77. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 70,000 lbs GVW. (UFC 8704.2 and 902.2.2.2) 78. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 70,000 lbs. GVW with a minimum AC thickness of .25 feet. ( UFC 902 and Ord 95-15) 79. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (UFC 902.2.2.1 and Ord 95-15) 80. Prior to building construction, dead end road ways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. (UFC 902.2.2.4) 81. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire R:\STAFFRPT\170PA97.CC 12/1/97 pa 1 9 Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (UFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 82. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (UFC 901.4.3) 83. Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (UFC 901.4.4 and Ord 95-15) 84. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system in all the buildings in this project. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10, UBC Chapter 9 and Ord 95-15) 85. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC Article 10) 86. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (UFC 902.4) TEMECULA COMMUNITY SERVICES DISTRICT 87. Prior to the issuance of grading permits, the developer shall establish temporary erosion control methods acceptable to the Public Works Department to prevent the flow of water, silt and debris across the adjacent Santa Gertrudis Recreational Trail. OTHER AGENCIES 88. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 5,1997, a copy of which is attached. 89. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 25, 1997, a copy of which is attached. 90. The applicant shall comply with the recommendations set forth in the City of Temecula Police Department transmittal dated June 17,1997 a copy of which is attached, R:\STAFFRPT~170PA97.CC 12/1/97 pa 20 91. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated June 26,1997 a copy of which is attached. 92. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated June 19,1997 a copy of which is attached. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant Name R:\STAFFRPT\170PA97.CC 12/1/97 pa 2 1 City of Temecula Temecula Police Department June 17, 1997 Planning Department RE: PA97-0170 Mini-storage facility with resident Case Planner: Patty Anders With respect to the conditions of approval for the above referenced project, the Police Department recommends the following "officer safety" measures be provided in accordance with City of Temecula Ordinances and/or recognized police safety standards and codes: 1. Applicant shall ensure all hedges on the property surrounding the project shall be maintained at a height no greater than thirty-six (36) inches. 2. Applicant shall ensure all trees on the property are kept away from the main building as to deter roof accessability. 3. All parking areas, driveways, and pedestrian walkways shall be illuminated with a minimum maintained one (1) foot-candle of light at ground level, evenly dispersed, eliminating all shadows. All exterior lighting fixtures shall be vandal resistant. All exterior lighting shall be controlled by photocells, timers, or other means to prevent deactivation by unauthorized persons. 4. All alley/driveways between storage buildings shall be illuminated with a minimum maintained one (1) foot-candle of light at ground level, evenly dispersed, eliminating all shadows. 5. All exterior doors shall have their own vandal resistant light fixture installed above. The doors shall be illuminated with a minimum maintained one (1) foot candle of light at ground level, evenly dispersed. 6. Any public telephones located on the premises of the storage facility shall be placed in a well- lighted, highly visible area, and installed with a "Call-Out Only" feature to deter loitering. All public telephones should be placed near the front entrance of the facility or near the managers office. 7. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be of commercial or institutional grade. 8. Any graffiti painted or marked upon the premises shall be removed or painted over within twenty-four (Z4) hours of being discovered. 9. The address for the location shall be painted on the roof using numbers no less than four (4) feet tall, in a color which contrasts the background. 10. If any structures on the premises are over two floors in height, developer shall ensure that all roof hatches are painted "International Orange". 11. Street address shall be posted in a visible location, minimum 12 inches in height, on the street side of the building with a contrasting background. 1Z. The police departmen~ shall be provided with a 24-hour emergef,u¥ entry/exit gate code to allow officers to respond to emergency situations where management is not present on-site. No key entry is desired due to the amount of vehicles assigned to the Police/Sheriff's Department. All questions regarding these conditions shall be referred to the Police Department Crime Prevention & Plans section (909) 506-2626. ~nene~ Crime Prevention and Plans Officer Eastern Munic i pal' ,., er District General Manager John B. Brudin legal Coumel Redwine and Shetrill Director of The Metropolitan Water Du~rict of Southern Cali~rnia Chester C. Gilbert Treasurer Joseph J. Kueblet, CPA Patty Anders City of Temecula Planning Department 43200 Business Park Drive ?emecula, California 92590 June 19, 1997 Board of Directon Richard 1~ H~/~, Pre*ident David J. $hw~on, Vice Pr~i~nt M~ion ~ ~ CN~on ~ ~ord, Jr. ~dger D. Si~s Secretaui Mary C. White , SUBJECT: 86,486 Square foot mini-storage facility (PA97-0170) Dear Mrs. Anders' We have reviewed the materials transmitted by your office describing a proposal to construct and operate a 85,486 square foot mini-storage facility and an approximate 2,258 square foot resident manager's unit. This project is reported to be located on the north side of Nicholas Road approximately 900-feet east of the intersection of Winchester Road and Nicolas Road, west of June Court. Please be advised the proposed project is located within Eastern Municipal Water District for sewer service. The provisions of service are contingent upon the timing of the subject project and status of the District's permit to operate. The developer must contact the District's Customer Service department for determination of a plan of service, plan check of improvement plans fees, and agreement for service. Should you have any questions, please contact this office at (909) 766-1822. Sincerely, Warren A. Back Civil Engineer Customer Service Department WAS/ Mail to: Post Office Box 8300 · San Jacinto, California 92581-8300 · .Telephone (909) 925-7676 · Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue, San Jacinto · Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hemet, CA Operations & Maintenance Center: 2270 Trumble Road, Pettis, CA 92571 · Telephone (909) 928-3777 · Fax (909) 928-6177 DAVID P. ZAPPE General Manager-Chief L;nginccr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department 43200 Business Park Drive Temecula, California 92590 Attention: . Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/788-9965 FAX .... 7829,.1 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood haza~ reports for such cases. Distdct comments/recommendations for such cases are normally limited to items of specific interest to the District including Distdct Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical componentor extension of a master pl,an system, and Distdct ~ i ~ I {:~ t I ,',' i:' ' --£o - ........ Ar..a Din, nag.. P,an ,,....s tdeve,opme,,[ m,0gat~o,, ,..co). In addition, information of a genera~ nature ~s prowdec. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project w~th respect to flood hazard, public health and safety or any other such issue: v/"" This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves Distdct Master Plan facilities. The District will accept ownership of such facilities on wdtten request of the City. Facilities must be constructed to Distdct standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be .~ .?.quired. This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be considered regional in nature and/or a I~ical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of such facilities on written'i:equest of the City. Facilities must be constructed to District standards, and District plan check and inspection wdl be required for Distdct acceptance. Plan check, inspection and administrative fees will be required. , J This project is located within the limits of the Districts HU~R. IET/~ ~,&E::~K./,.~/hh11'R ' Drainage Plan for which drainage fees have been adopted~ applicable fees shoui~ be paid to t~lFIood Control Districtor City prior to final approval of the project, or in the case of aparcel map or subdivision prior to recordation Of the final map. Fees to be paid should be at the rate in effect at the time of recordation, or if deferred, at the time of issuance of the actual permit. ' GENERAL INFORMATION 'lr'k · , ~, ~ ,'~ I I ~' e~'q ~q' I , ~ IO ,..,,is project..ma~ requir.. a N..tio,.al Pol.utan. Di....harg~ Elimination ~.ystem (N, DES) permit from the S~te Water ~esources uontrol Board. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other ~nformation required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) pdor to occupancy. if a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 150111603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written_correspondence from these agencies indicating the project is exempt from these requirements. A Clean _Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board pdor to issuance of the Corps 404 permit. C~ Very truly yours, E. MCKIBBIN Senior Civil E~_.~.l~:~er 7 Board of I)irecLors: Michael R. MeMillan President Csaba F. Ko ~r. Vico President Ralph H. Daily Lisa D. tierman Doug Kuiberg Jeffrey L. Minklet George M. Woods Officer,~: John F. Hennigar General Manager Phillip L. Forbes Director of Finance- Treasur~,r E. P. '~ob" Lemons {)ireclot o( En~neerm~ Ke~eih C. Dealy 1)irector of Operatrans & Maintenance Pe~ R. l,ouek Controller Linda M. Fregoso District Secreta~-/Ad ministrative Se~mes Manager C. Michael Cowerr Best Best & ~ieger LLP (;eneral Counsel June 5, 1997 Ms. Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY A PORTION OF LOTS 181,182, 183, AND 184 MB 8~359, APN 911-670-019 PLANNING APPLICATION NO. PA97-0170 Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, th:,refore, would be available upon completion of financial arrangements between RCWD and the property owner. 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 97/SB:eb104/F012/FEF c: Laurie Williams, Engineering Services Supervisor Rancho California Water District 42135 Winchester Road * Post Office Box 9017 · Temecuta, CaliC,,rnia 925~<~ Cl~}17 · !909) 676-4101 · FAX (909; (476-0615 TO: FROM RE: County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: August ' 25, 1997 CITY OF TEMECULA PLANNING DEPARTMENT ~~LARE~EE HTN: Patty Anders P CONDITIONAL USE PERMIT NO. PA97-0170 i o Department of Environmental Health has reviewed the Conditional Use Permit No. PA97-0170 and has no objections. 2. PRIOR TO PLAN CHECK SUBMITTAL ISSUANCE · a) "Will-serve" letters from the appropriate water and sewering districts. b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (694-5022) will be required indicating that the project has been cleared for: · Underground storage tanks, Ordinance # 617.4. · Hazardous Waste Generator Services, Ordinance # 615.3. · Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). · Waste reduction management. CH:dr (909) 285-8980 cc: Doug Thompson, Hazardous Materials Branch ATTACHMENT NO. 2 APPEAL MEMORANDUM R:\$TAFFRPT\I70PA97.CC 12/1/97 pa 22 Patricia H Birdsall Mayor Ronald H Roberts Mayor Pro-Tem Steven J. Ford Councilmember Karel F Lindemarts Councilmember Jeffrey E. Stone Councilmember (909) 694-6444 FAX (909) 694-6499 Ci of Temecula 43200 Business Park Drive · Temecula, CA 92690 · ~/LailingAddress: P.O. Box 9033 · Temecula, CA 92589-9033 November 3, 1997 Mayor and City Council City of Temecula 43200 Business Park Drive P.O. Box 9300 Temecula, CA 92589 Dear Mayor Birdsall and Fellow Councilmembers; As I announced at the City Council meeting of October 28, 1997, I wish to formally appeal the action of the Planning Commission with regard to Planning Application PA-97-0170 - Self Storage Facility. Many concerns were raised by members of the public and neighbors at the Planning Commission Hearing regarding the compatibility of the use with the surrounding homes, the effectiveness of the conditions of approval and the status of the zoning on the property. These are all significant issues which need to be fully addressed by the City Council at a public hearing. I express no view in favor of or opposition to the project, but the issues are of such importance that they should be considered by the Council. Please consider this appeal duly filed within the required time frame and direct that it be placed on the City Council's agenda. Sin Councilmember ATTACHMENT NO. 3 RESOLUTION NO. PC 97-030 R:\STAFFRPT\170PA97.CC 12/1/97 pa 23 PC RESOLUTION NO. 97-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0170 A CONDITIONAL USE PERMIT TO DESIGN, CONSTRUCT AND OPERATE A 103,510 SQUARE FOOT SELF-STORAGE FACILITY WITH A RESIDENTIAL MANAGER'S UNIT AND OFFICE BUILDING OF 2,328 SQ. Fr. WITH ASSOCIATED PARKING AND LANDSCAPING ON A PARCEL CONTAINING 5.15 ACRES LOCATED ON THE NORTH SIDE OF NICOLAS ROAD, NORTH OF THE INTERSECTION OF RORIPAUGH AND NICOLAS ROADS AND KNOWN AS A PORTION OF ASSESSOR'S PARCEL NO. 911-670-019. WHEREAS, ZB Investment filed Planning Application No. PA97-0170 in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA97-0170 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97- 0170 on October 20, 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; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA97-0170; NOW, THEREFORE, THE PLANNING 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. F_Jal;liag~ The Planning Commission, in approving Planning Application No. PA97-0170 makes the following findings; to wit: A. The proposed use is in conformance with the General Plan land use designation of O (Offme Professional), SP Roripaugh Estates Specific Plan (No. 164) and applicable sections of Ordinance 348. The project is consistent with all applicable requirements of State law and other Ordinances of the City of Temecula including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. R:\STAFFRPT~I70PA~.CC 12/1/97 pa 24 B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed use is compatible with the surrounding uses (detached single family and vacant office/commercially zoned land) in that it is not an intensive use, it is not typically a noise use, and it has been designed to architecturally complement the surrounding uses in terms of design, colors, materials, height, and bulk and mass. Moreover, the proposed twenty- five foot setback adjacent to the residential development has been designed to provide enhanced landscaping which will help mitigate potential visual impacts and serve as an interface for the residential development. Therefore, it is determined that the proposed use is compatible with the surrounding development and will not adversely affect the adjacent uses, buildings, or structures. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Specific Plan No., 164, Roripaugh Estates and applicable sections of Ordinance 348 and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. D. The overall development of the land is designed for the protection of the public health, safety and welfare of the community. The project will meet applicable sections of all City Ordinances, Specific Plan No., 164, Roripaugh Estates and applicable sections of Ordinance 348 adopted by the City of Temecula designed for the protection of the public health, safety and welfare, and will not be detrimental to the community. E. The decision to approve, conditionally approve, or deny the project for a Conditional Use Permit Plan is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Section 3. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby adopted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0170 for the design and construction of the design and construction of a 103,510 square foot self-storage facility with a resident manager's unit and office building of 2,328 square feet with associated parking (including R.V.) and landscaping on a parcel containing 5.15 acres located on the north side of Nicholas Road, northwest of the intersection of Roripaugh and Nicolas Roads and known as R:\STAFFRPT~170PA97.CC 12/1/97 pa 2 ~ a portion of Assessor's Parcel No. 911-670-019 subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 20th day of October, 1997. Linda Fahey, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 20th day of October, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRPT\170PA97.CC 12/1/97 pa 26 ATTACHMENT NO. 4 DRAFT MINUTES OF THE PLANNING COMMISSION HEARING OF OCTOBER 20, 1997 R:\STAFFRPT\170PA97.CC 12/1/97 pa 27 SUBJECT INDEX CITY OF TEMECULA PLANNING COMMISSION OCTOBER 20, 1997 PAGE CALL TO ORDER .............................................. 2 ROLL CALL .................................................. 2 PUBLIC COMMENTS ............................................ 2 COMMISSION BUSINESS . 2. 3. 4. APPROVAL OF AGENDA ......................................... 2 MINUTES OF 9-8-97 AND 9-15-97 .................................. 3 PUBLIC CONVENIENCE & NECESSITY FOR SHAKESPEARES ................ 3 REQUEST FOR SUBSTANTIAL CONFORMANCE FOR LUCKY'S ........... 3 - 4 PUBLIC HEARING .ITEMS Be PA NO. 97-0170: SELF-STORAGE FACILITY ........................ 4 - 8 PA NO. 97-0283: FIVE INDUSTRIAL SPECULATIVE BUILDINGS ........... B - 9 PA NO. 97-0234: INDUSTRIAL BUILDING ......................... 9 - 10 PLANNING MANAGER'S REPORT .............................. 10 PLANNING COMMISSION DISCUSSION ......................... 10 ADJOURNMENT ......................................... 11 P:~MI2qUTES\102097.PC 11/13/97 vgw 1 CALL TO ORDER MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION OCTOBER 20, 1997 ,. The City of Temecula Planning Commission convened in a regular session at 6:00 P.M., on Monday, October 20, 1997, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Commissioners Guerriero, Miller, Slaven, Soltysiak, and Chairwoman Fahey. Absent: None. Also Present: Planning Manager Debbie Ubnoske, Principal Engineer Ron Parks, Assistant City Attorney Curley, Senior Planner Dave Hogan, Assistant Planner Patty Anders, and Minute Clerk Michaela Ballreich. PUBLIC COMMENTS None. COMMISSION BUSINESS 1. APPROVAL OF AGENDA MOTION: Commissioner Slaven moved for the approval of the Agenda. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. 2. APPROVAL OF MINUTES - September 8, 1997 MOTION; Commissioner Slaven moved for the approval of the September 8, 1997, Planning Commission minutes as submitted. The motion was seconded by Commissioner Miller and voice vote reflected unanimous approval. With regard to the September 15, 1997, Planning Commission minutes, Commissioner Miller requested the following amendment and addition: P:XIvIINUTES\102097.PC 11/13/97 vgw 2 Page 4, paragraph 5, "With regard to recommended ... Commissioner Miller noted his o_o_oosition with regard ..." Page 6, paragraph 7, "With regard to ... because of the reduction in ground elevation MOTION: Commissioner Miller moved for the approval of the September 15, 199~~~ Commissio Planning Commission minutes as amended. The motion was seconded by Guerriero and voice vote reflected unanimous approval. 3. PLANNING APPLICATION NO. 97-Q279 FOR FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A NIGHTCLUB USE AT 28822 FRONT STREET (UNITS 203 & 204) - LEE CORNWELL RECOMMENDATION To approve. Senior Planner Hogan reviewed the request (as per written material of record). Based on the information received in the staff report, Commissioner Miller offered the following motion: MOTION; Commissioner Miller moved to make a finding of public convenience. The motion was seconded by Commissioner Soltysiak and voice vote reflected unanimous approval. o REVIEW OF REQUEST FOR SUBSTANTIAL CONFORMANCE FOR LUCKY SHOPPING CENTER Advising that the site of discussion is the Lucky Shopping Center at the corner of Margarita Road and South SR79, Senior Planner Hogan reviewed the staff report (of record), noting that the primary change will be the incorporation of the Sav-on Drugstore into the Lucky store versus building it on the corner pad; that no new plans have been submitted for the corner pad; that the length and size of the Lucky building will basically remain the same, noting that the front portion of the building will be approximately 2' wider; that the revised building will be approximately 3' to 4' lower from what was originally approved; and that nominal changes were made to the design features. Considering the amount of time the Commission spent discussing this item at its original review, Commissioner Slaven expressed some disappointment with this amendment, noting that the corner pad was an integral part of the Center in making it more of a neighborhood-type center and a more pedestrian-friendly center. Commissioner Slaven requested that any future development for the corner pad, no matter what size, be reviewed by the Planning Commission. P:Lk4IlxII_TI'ES\IO2097.PC 11/13/97 vgw 3 In response to Chairwoman Fahey's comment that the Lucky parking lot will, as a result of this amendment, be visible from all sides, Senior Planner Hogan advised that a landscaping buffer has been proposed for sides along south $R79 and Margarita Road. At 6:24 P.M., a short recess was taken and the meeting was reconvened at 6:29 P.M. 5. PLANNING APPLICATION NO. PA97-0170 {CONDITIONAL USE PERMIT) Planning Commission consideration to construct and operate a 103,510 square foot residential unit self-storage facility (67 units) including an office and manager's 6~.~~,* 2,328 square feet and 8,685 square feet of R.V. parking area on a 5.15 acre RECOMMENDATION To approve the request as conditioned. Assistant Planner Anders reviewed the staff report (as per written material of record), noting that the following changes should be made to the staff report: - report should reflect the date of October 20, 1997; total overall square footage (including self-storage and manager's unit/office) should be 105,838 -- 2,328 square feet designated to the manager's units/office; page 7, add Attachment H - Color Sample Material Board; add a condition restricting hours of operation Monday through Saturday 7:00 A.M. to 7:00 P.M.; Sunday 8:00 A.M. to 6:00 P.M.; page 14, Condition No. 8 should reflect Exhibit G and Condition No. 9 should reflect Exhibit H; page 14, Condition No. 11, should read "Periodical auctions will be held by the property owner to auction the belongings of delinquent renters. The auctions shall be held no more than once a month, during the hours of normal business." In response to a letter received from Mr. James with regard to this request, Assistant Planner Anders clarified the following issues: that the majority opposition pertains to what type of uses are permitted under the Professional Office Zone as per 1993; that the residents had requested a Professional Office Zone versus Residential Zone for Planning Area 8; P:~IINUTES\I02097.PC 11/13/97 vgw 4 that the City's current Professional Office Zone would not permit the proposed use. Ms. Anders noted that Mr. James would view the proposed project as an incompatible land use and visually intrusive. For Commissioner Slaven, Assistant Planner Anders clarified that the Roripaugh Specific Plan for Planning Area 8, which references County Ordinance 348, Section 9.4, and under which the requested use would be conditionally permitted but that under the City's Professional Office Zone, the proposed use for Planning Area 8 would not be a permissible use. i~~~ Further clarifying how a County Ordinance integrates with a City Zone, Attorne, provided a chronology of events, noting the following' that prior to City incorporation, the County, Mr. Roripaugh, and other entities entered into a Development Agreement; that the City's General Plan incorporated, as part of its land use regulations, Specific Plans, County Zoning, and anticipated future approvals and development activities; that the City of Temecula incorporated, State law stated that when a City incorporates, any existing Development Agreement remains in effect for at least eight years unless it self-extinguishes before that time; that a Development Agreement is a contract zoning tool which applies zoning and land use; that it may or may not conform to the General Plan or Zoning; that the City completed its General Plan; that the General Plan foresaw Planning Area 8 as a residential use; that upon further review, it was determined that the residential zone was possibly not the most suitable zone; that the surrounding residents preferred the Professional Office Zone or Office Commercial Zone; that the City's zoning requirements are narrower in scope than the County's; that the City's zoning definitions have not been imposed upon this project because Planning Area 8 continues to fall under the Roripaugh Specific Plan which refers to sections of County Ordinance No. 348; that after review, it has been determined that there have been no modifications to the Specific Plan limiting the types of uses for Planning Area 8 other than those uses reflected in Ordinance No. 348, Section 9.4; - that the Development Agreement will expire December 31, 1997. P:~I]~R.J'I~$\IO20~7.PC ~.1/13/97 ~ At the time the City's General Plan was completed, Senior Planner Hogan advised that all existing Specific Plans were incorporated into the General Plan; therefore, the General Plan and existing Specific Plans are consistent with each other. Senior Planner Hogan noted that the existing adjacent homes were constructed approximately two years ago. In response to Commissioner Slaven, Planning Manager Ubnoske confirmed that other permissible uses for the subject site include a drive-in theater, heliport, animal hospital, lumber yard, etc. At this time, Chairwoman Fahey opened the public hearing. O~~~'~ Mr. Larry Markham, representing the applicant, expressed concurrence with the recommended conditions of approval as amended, with the exception of Condition No. 5 (installation of bicycle rack) and Condition No. 63 (regarding easement for ingress and egress), requesting the deletion of Condition No.5 and noting that the applicant would be willing to work with the Public Works Department in order to resolve specific concerns with regard to Condition No. 63. Providing additional clarification as to permissible uses, Mr. Markham advised that the subject site is zoned Specific Plan Zoning which modified County Ordinance 348 in 1988 and tailored it to the permissible uses; and that the existing Zone will remain in effect until a Zone Change has been approved even after the expiration of the existing Development Agreement. Mr. Markham thanked staff for their assistance with regard to this project; referenced the landscaping plan, noting that landscaping has been proposed along the channel instead of a wall in an effort to deter potential graffiti problems; that the existing chain link fence will be removed and replaced with tubular steel or wrought iron fence, which will extend the entire length of the project; and that until the other three parcels, facing Nicolas Road, are constructed, the front of the project will be enhanced with landscaping, noting that once these three parcels are constructed, the subject site will not be visible from Nicolas Road. In response to Commissioner Miller, Mr. Markham expressed no objection to the imposition of a condition prohibiting the use of these storage units as a music studio and the installation of a sign at the entrance of the facility requesting the tenants to turn down radios. Mr. Markham advised that seven homes will back up to the proposed storage facility (along the easterly boundary), noting these homes range from one- and two-story homes. By way of a color chart, Mr. Markham reviewed the proposed roof colors. Although viewing the proposed project as a well-designed facility, Ms. Jane Carney, 39537 June Court (Summerfield development), submitted a petition of opposition and spoke in opposition to the proposed facility for the following reasons: that the residents of Summerfield were under the impression that Planning Area 8 had been zoned Professional Office; - that hazardous materials (gasoline, propane, etc.) could be stored in these units; that the approval of this request would decrease the residents' property values and increase traffic use. PSMINLrTES\102097.PC 11/13/97 vgw 6 Also submitting a petition of opposition, Mr. Del James, 27546 Jon Christian Place, referenced his letter (of record) and apprised the Commission of his understanding that on February 22, 1994, Mr. Roripaugh had agreed to the City's Professional Office Zone for Planning Area 8, which would not permit the requested use. Addressing comments made by the public, Mr. Markham advised that the site plan has not been changed; that no lot split is being proposed -- there are currently four legal lots; that as per each tenant contract, the storage of hazardous materials will be prohibited; that RV/boat storage has been oriented away from the residential uses; that self-storage facilities create very low traffic during peak hours compared to an office building or any other permissible use; that the building height will range from 10' to 12' with the exception of the residential unit which will be a two-story structure; and that low-pressure, wall-mounted sodium lights will installed. ~~.~ ~1~1~~ In an effort to mitigate the obtrusiveness of the proposed red unit doors a~ 'ed roof, Commissioner Slaven suggested a more subtle color for the doors to which the applicant voiced no objection and expressed a willingness to work with the Planning Manager. In response to Commissioner Miller, Mr. Markham noted that the elimination of those unit doors along building B which face the residential neighborhood would result in moving building B as well as all buildings closer to the landscape setback line in order to provide a deeper access. With regard to landscaping, Mr. Markham advised that a 10' landscaped strip has been proposed along the easterly boundary (residential side), noting that 24" box trees would be spaced approximately 25' apart. Mr. Vince Di Dinado, representing the applicant, further reviewed the proposed landscaping plan, commenting on choice and placement of trees and noting that trees will be spaced 25' apart to properly accommodate long-term growth. Mr. Scott Barnard, ZB Investment, briefly referenced the design layout, advising that the building aisles were initially designed to run perpendicular to the residential units but for aesthetic reasons and to eliminate a driveway view, the aisles were redesigned to run parallel to the residential units. With regard to tenant contracts, Mr. Barnard advised that contract regulations are set by insurance companies as well as the industry; reiterated that the storage of hazardous material will be prohibited but that because it is not permissible to enter a tenant's unit, it would be impossible to determine whether such materials are actually being stored, noting that such a situation could arise with any land use; and that the buildings are concrete block around perimeter and interior partitions are metal panels. Mr. Markham noted that the white report for the adjacent residential units reflected a residential zone to the north, south, and east and a commercial zone to the west. Although the proposal would be legally conforming, Chairwoman Fahey expressed her opposition to Finding No. 2, noting that the proposed use would not be compatible with surrounding uses. P:~MINUTES\102097.PC 11/13/97 vgw 7 Concurring with Chairwoman Fahev's comment, Commissioner Slaven noted that the proposed use would not be compatible with the shopping center planned next to the subject site. Commissioner Miller noted that the owners of the adjacent residential units received white reports disclosing the proposed commercial zone to the west; that the subject site is properly zoned; and that if this relatively low-traffic use was denied, the applicant could suggest the construction of a heliport or some other commercial use which could create more traffic especially during peak hours. Commissioner Soltysiak reiterated that the applicant could construct a recycli collection facility without the need for a Conditional Use Permit. ~ w~ith~~M¢ Commissioner Miller apprised the Commissioners and staff that he had . Markham and had visited the site of discussion. Commissioner Soltysiak noted that he had reviewed the project design with the applicant's representative. MOTION: Commissioner Miller moved to close the public hearing; to adopt the Negative Declaration for Planning Application No. PA97-0170; to adopt the Mitigation Monitoring Program for Planning Application No. PA97-0170; and to adopt Resolution No. 97- as conditioned, including findings of fact set forth by staff and adding and deleting the following conditions: Add · o that the facility may not be utilized as a music studio; that a sign be posted at the entrance of the facility requesting tenants to turn down radios when approaching the units; Delete · Condition No. 5 (regarding the installation of a bicycle rack.) The motion was seconded by Commissioner Guerriero and voice vote reflected approval with the exception of Commissioners Fahey and Slaven who voted no. At 8:00 P.M., Chairwoman Fahey called a short recess and reconvened the meeting at 8:12 P.M. 6. PLANNING APPLICATION NO. PA97-0283 (DEVELOPMENT PLAN} To construct five industrial speculative buildings totaling 50,512 square feet. RECOMMENDATION To approve as conditioned. Commissioner Soltysiak noted that he would be abstaining with regard to this case. P:LMINUTES\I02097.PC 11/13/97 vgw 8 Planning Assistant Anders presented the staff report (of record), noting that the landscaping plan should be corrected to accurately reflect the planting of 13 Albizia trees. For Commissioner Miller, Assistant Planner Anders advised that the applicant will be required to provide 101 parking spaces based on the various types of uses (office use 1 per 300, manufacturing 1 per 400, and warehouse 1 per 1,000); that 102 parking spaces are being proposed; that because of the various types of uses within the buildings, the buildings will be classified as light industrial; and that parking requirements will be checked and enforced by Planning Inspectors during Plan Check. Mr. Terry Plowden, applicant, informed the Commission the buildings will be sold versus leased; briefly reviewed the project's landscaping and design plan; and noted that all sidewalks that a from the street will be in compliance with ADA requirements. He further advised 5 grade does not require the installation of handrails. In response to Mr. Peter Bussett, representing the applicant, Commissi,~~laven commented on the difficulties she has experienced with Aleppo Pine trees because of their susceptibility to pests and encouraged the use of another pine tree. Commissioner Miller questioned whether a street tree has been designated for this area and noted his opposition to the use of the Red Ironbark Eucalyptus tree. In response to Commissioner Miller's comment, Chairwoman Fahey encouraged staff to explore the designation of a street tree to ensure compatibility with surrounding areas. MOTION: Commissioner Slaven moved to close the public hearing; to adopt the Negative Declaration for Planning Application No. PA97-0283; to adopt the Mitigation Monitoring Program for Planning Application No. PA97-0283; and to adopt Resolution No. 97-031. The motion was seconded by Commissioner Miller and voice vote reflected unanimous approval with the exceotion of Commissioner Soitysiak who abstained. 7. PLANNING APPLICATION NO. PA97-0234 To construct a 14,548 square foot industrial building on 1.16 acre site. RECOMMENDATION To approve as conditioned. Senior Planner Hogan reviewed the staff report (of record), noting that the applicant of this request currently operates a smaller facility (approximately 9,000 square feet) in the City of Temecula; that the front office section will be a single-story building; that the remainder of the building will be a two-story building; and that the applicant is requesting the Commission's approval to grant a minor exception to reduce the number of required parking spaces from 27 to 25 in order to accommodate the Fire Department's requested turn-around area. Because the proposed facility will provide less than 1,800 square feet of office space with the remainder being warehouse area, staff relayed its support to grant a minor exception. P:~MINIYrEs\IO2097.PC 11/13/97 vgw 9 Mr. Alan Young, 4808 Corbin Avenue, Tarzana, representing the applicant, reiterated that the office space of the new facility will basically be the same size as that of the existing facility but that the primary addition will be to provide additional warehouse area. Further clarifying the specifics of this business, Mr. Les Young, 4808 Corbin Avenue, Tarzana, noted that a nominal amount of painting would be provided at this facility. Because the actual office space of this .business will basically not increase, Commissioner $1aven voiced no objection to granting the minor exception to reduce the number of required parking spaces from 27 to 25 and, therefore, offered the following motion: MOTION: Commissioner Slaven moved to close the public hearing; to adopt the Negative Declaration for Planning Application No. PA97-0234; to adopt the Mitigation Monitoring Program for Planning Application No. PA97-0234; to grant a Minor Exception in accordance to Section 17.03.060 of the Development Code for a reduction in the amount of required off- street parking from 27 spaces to 25 spaces; and to adopt Resolution No. 97-032. The motion was seconded by Commissioner Miller and voice vote reflected approval wi h th x i n f Commissioner Soltysiak who abstained. w~ PLANNING MANAGER'S REPORT At this time, Commissioner Soltysiak returned to the meeting. Planning Manager Ubnoske briefly reminded the Commissioners of the upcoming Planning Commission Workshop on Monday, October 27, 1997, 6:00 P.M. to 8:00 P.M. Advising that the Department is missing a video entitled "Why Plan," Planning Manager Ubnoske requested that if any of the Commissioners have the video at home, to notify the Planning Department. pLANNING COMMISSION DISCUSSION Commissioner Guerriero told the Commissioners of a new Website entitled "Lupin," noting that it provides information with regard to CEQA, Planning laws, etc. Commenting on an interesting recent article (Onward and Upward in Downtown Santa Monica) published in the current Planning Magazine, Commissioner Miller encouraged the Planning Department staff to become more familiar with the measures undertaken in Santa Monica. Chairwoman Fahey advised that because of prior work commitments, she may not be able to attend the October 27, 1997, Planning Commission Workshop. P:LMINUTES\102097.PC 11113/97 vgw 1 0 At 8:40 P.M., Chairwoman Fahey formally adjourned the Planning Commis to Monday, October 27, 1997, at 6:00 P.M. Linda Fahey, Chairwoman Planning Manager Ubnoske P:t_MINUTEIg\102097.PC 11113/97 vgw 1 1 ATTACHMENT NO. 5 PLANNING COMMISSION STAFF REPORT OF OCTOBER 20, 1997 R:\STAFFRPT\170PA97.CC 12/1/97 pa 2~ STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 6, 1997 Planning Application No. PA97-0170 {Conditional Use Permit and Development Plan) Prepared By: Patty Anders, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: o . ADOPT the Negative Declaration for Planning Application No. PA97-0170; . ADOPT the Mitigation Monitoring Program for Planning Application No. PA97-0170; and ADOPT Resolution No. 97-,, recommending approval of Planning Application No. PA97-0170 based upon the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. Z.B. Investment/Mr. Scott Barnard Markham and Associates The design and construction of a 100,423 square foot self- storage facility with a two story resident manager's unit and office building, and associated parking and landscaping. The project site is located within the Roripaugh Estates Specific Plan. The north side of Nicholas Road, north of the intersection of Roripaugh and Nicolas Roads. SP (Specific Plan) - Roripaugh Specific Plan #164, Planning Area 8 (Office Commercial). North' South' East: West: Santa Gertrudis Creek and a recreation trail SP - Planning Area 8 of the Roripaugh Specific Plan - Office Commercial. SP - Planning Area 7 of the Roripaugh Specific Plan (High Density Residential). SP - Planning Are 9 of the Roripaugh Specific Plan (Neighborhood Commercial). R:\STAFFRPT~I70PA97.PC1 10/16/97 cod PROPOSED ZONING. Not requested GENERAL PLAN DESIGNATION: O (Office Professional) with a Specific Plan Overlay EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Santa Gertrudis Creek Vacant Single Family Residential Development Vacant PROJECT STATISTICS Total Site Area: 5.15 acres Building Area: 98,165 square feet of storage area and 2,258 square feet of office/residential area. Number of Storage Units: 687 Landscape Area: 10,346 square feet on-site and 1,815 square feet off-site (12,161 sq. ft. total) Paved Area: 97,528 square feet Parking Required: Parking Provided: Building Height: Residential/Office: Storage Units: Four (4) parking spaces (including parking for Residential Unit) Seven (7) parking spaces (including parking for Residential Unit) Twenty Two and One Half (22'-6") Feet Twelve (12) Feet BACKGROUND Planning Application No. 97-0170 was submitted to the Planning Department on May 16, 1997. Two Development Review Committee (DRC) meetings were held on June 17, 1997 and September 10, 1997, respectively. The subject property is a portion of a 9.20 acre site that consists of four (4) underlying legal parcels. The project crosses the existing property lines; therefore the applicant has submitted a lot line adjustment to move the existing property lines so that the proposed development will not cross any property lines. The boundary adjustment will create three parcels in front of the subject parcel, and one large 5.15 acre parcel at the north end of the site where the self- storage is being proposed. The project will be conditioned for the approval of the boundary adjustment prior to issuance of building permits. A notice ore.filing sign stating an application had been filed was posted on August 13, 1997. In addition, standard public notice packages were sent out to properties within a 600' radius also notifying residences that the application had been filed and of the scheduled public hearing date. The notifications resulted in several calls of opposition from residences in the adjacent development (Summerfield) and the Roripaugh Hills residential development across Nicolas Road. R:\$TAFFRP~I70PA97.PCI 10/16/97 cod 2 Staff did meet with some of the residents to discuss the land use classification of the Specific Plan, the permitted land uses within Planning Area 8, the project design and mitigation measures. The residents who have contacted the City are opposed to the project because they thought the land would only be developed as office uses pursuant to a Specific Plan Amendment (PA93-0145) approved in 1993. That amendment changed the land use designations from High Density Residential to Office. Staff has explained to the residents that the Specific Plan incorporates Article IX, Section 9.4 of Ordinance 348 which allows self- storage facilities upon approval of a Conditional Use Permit. The residents also expressed opposition to the storage facility for the following reasons: increased traffic; visual impacts on the existing residential developments; an overall loss of property values; the storage of recreational vehicles with large amounts of propane and gasoline; and the types of activities that "could" happen in the units such as drug laboratories and storage of stolen materials from their houses. PROJECT DESCRIPTION A Conditional Use Permit for the design, construction and operation of a 98,165 square foot self storage facility with 687 units, a two story residential manager's unit and office building of 2,258 square feet, recreation vehicle parking, and associated parking and landscaping on a 5.15 acre site. The proposed hours of operation are Monday through Saturday 7:00 a.m. to 7:00 p.m. and Sunday 8:00 a.m. to 6:00 p.m. The project is located within the Roripaugh Estates Specific Plan (No. 164) in Planning Area 8 which is zoned Office and Commercial. The Specific Plan incorporates Article IX, Section 9.4 of Ordinance 348 for development standards and permitted land use types. As proposed, the project complies with the development standards such as lot coverage, setbacks, height limitations, landscaping and parking. ANALYSIS Compatibility with Surrounding Development The proposed self-storage facility is on a site that is zoned office/commercial which allows a self-storage facility upon approval of a Conditional Use Permit. The property is surrounded by the Santa Gertrudis Creek to the north, vacant office/commercially zoned land to the south and west, and a single family residential development to the east. Staff has determined that the proposed use is compatible with the surrounding uses of vacant office/commercially zoned property to the south and west, as well as the existing residential development to the east, The project is a commercial use proposed on an office/commercial zoned property that is conditionally permitted. Self-storage facilities are not intensive or typically noisy uses and generate less traffic than other office and commercial uses. The original Specific Plan was approved with a requirement for an expanded setback next to the adjacent residential uses. As a result, the project was designed with a 25' setback from the adjacent residential development and a 25' rear yard setback along the Santa Gertrudis Creek. The rear yard is much larger on the northwest side which is being utilized as an R.V. parking area. The project was designed to incorporate similar colors and materials of the R:\STAFFRPT~I?0PA9'7.PCI 10/16/97 cod 3 adjacent residential development to the east. The applicant has also contacted Riverside County Flood Control and was successful in obtaining permission to remove the existing chain link fence and install a higher quality wrought iron fence along the northern property line which abuts the Creek. The project has been designed to architecturally complement the adjacent residential development in terms of design, colors, materials, height, bulk and mass and enhanced landscaping. The proposed landscaping along the north, south and east sides will help mitigate any potential visual impacts and serve as a buffer for the adjacent residential development. In addition, the subject site is not located immediately adjacent to Nicolas Road, but is located at the northern end of Planning Area 8. When the vacant parcels to the south and west are developed, the self-storage development will be further screened from Nicholas Road and the surrounding residential developments. There is also a triangular shaped piece of property adjacent to the northeast section of the subject site that is owned by a private entity. The applicant is working on acquiring this piece of property from Flood Control, and if the applicant is successful, will incorporate this area into the subject site to alleviate a possible dead zone adjacent to the creek. Staff expects to address this minor addition to the project administratively continuing the established setbacks and landscaping pattern. The project is ~!t the northern portion of Planning Area 8 and is proposed to be accessed off Nicolas Road by a 28' wide paved driveway which separates the front parcels. The access driveway will be conditioned to maintain a minimum of forty (40) feet. The proposed development has good internal site circulation and meets the Fire Department's requirements with respect to turning radii. The development has adequate ingress and egress to accommodate the proposed development. There are five (5) parking spaces near the office building and two spaces in the attached garage of the residential unit to service employees and the public. Architecture The self-storage facility and two bedroom, two bath manager's unit were designed specifically to be compatible with the existing residential development to the east and south by using similar neutral colors, materials, fencing and appropriate bulk and mass. The office building is twenty two and one-half (22'6") feet in height and the storage units are twelve (12) feet in height (not 10' as shown on the elevations). The proposed structures are in proper scale with the adjacent one and two story residences which are approximately 16' and 23' in height respectively. The south elevation, or main entry, has a security wrought iron gate and stucco fence which is the exterior of the buildings. The buildings along the west elevation also serve as an exterior wall. All exterior walls will be painted to match the color of the existing block wall of the adjacent development to the east. All exterior walls will have projected pilasters throughout the walls to add architectural interest and break-up the long, linear walls. Future landscaping along the west elevation is expected to be installed when the shopping center is constructed. R:\STAFFRPT~I70PA97.PC1 10/16197 cod 4 The office/manager's unit will have a clay tile mission style roof which is similar in design and material as the adjacent residences. The storage units will have ribbed, metal roofs that will be painted a terra cotta color to match the roof color of the residential unit/office building and the roofs of the adjacent residential development. The storage buildings will have metal, roll-up doors that will be painted a cedar red color to create a contrast with walls between the units. The buildings exterior, or exterior walls, will have projected pilasters to add architectural articulation to break up the linear appearance of the walls. Signage is being requested with this approval. A separate sign program will be approved under a separate application. Buffering Treatment for Single Family Residences Adjacent to the East The adjacent residential development is at a higher elevation than the subject site by approximately four to five feet. The houses are single and two story structures, and are approximately 16' and 23' in height respectively. Some of the adjacent houses will be able to look over the storage units (see line of site provided on the color elevation of the office building/manager's unit attached as Exhibit G). However, the project is designed with a twenty-five (25) foot setback adjacent to the residential development and the applicant is providing enhanced landscaped within this setback area to create a buffering between the two developments (see colored landscaped wall elevation attached hereto as Exhibit F). The proposed site design also mitigates visual impacts by placing the R.V. parking away from the residences at the northwest portion of the site and along the northern property line adjacent to the Creek. The applicant is proposing to further mitigate potential visual impacts by providing a compatible, quality design with similar materials, colors and fencing which coordinates with the existing residential developments. Landsca_ping The project proposes 12,161 square feet (5.4%) of landscaped area with 10,346 square feet (4.6%) on site and 1,815 square feet on the adjacent parcel to the south. Neither the Specific Plan or Article IX 'of Ordinance 348 have minimum landscaping requirements. The applicant has provided landscaping on the north, south and east sides, with enhanced landscaping on the east elevation to provide visual relief and buffering for the adjacent residential development. Landscaping has also been added around the office/manager's unit to soften this elevation and to add interest to the parking area. Five (5) feet of the landscaping for the south elevation is located on the parcel directly south, approximately 1,815 square feet. No internal landscaping is provided except for the parking area near the office building. Staff feels that landscaping on the exterior or perimeter of the development is more beneficial than internal landscaping because it is more visible and helps to provide screening of the walls and fences. Furthermore, autos, truck, moving vans, and large recreational vehicles will be traversing and maneuvering throughout the development to get into and out of storage units and could easily damage interior landscaping. R:~$TAFFRPT~I70PA97.PCI 10116197 cod .5 EXISTING ZONING AND GENERAL PLAN DESIGNATION The General Plan Land Use designation for the site is O (Office Professional). The City General Plan incorporated the existing Roripaugh Estates Specific Plan when it was approved in 1993. Because of this, the project as proposed is consistent with the Specific Plan, Ordinance 348 and the General Plan. The existing zoning for the site is Roripaugh Estates Specific Plan (No. 164) located in Planning Area 8 which is zoned Office/Commercial. Planning Area 8 incorporates Article IX, Section 9.4 of Ordinance 348 which allows self-storage facilities upon approval of a conditional use permit. ENVIRONMENTAL DETERMINATION An Initial Study has been prepared for this project. The Initial Study determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval for the project. Any potentially significant impacts will be mitigated. FINDINGS i . . The proposed use is in conformance with the General Plan land use designation of O (Office Professional), the Roripaugh Estates Specific Plan No. 164, and the applicable portion of Ordinance 348, requirements of State law and other Ordinances of the City of Temecula including: Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. . The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed use is compatible with the surrounding uses (residential developments and vacant commercial land) in that it is not an intensive use, it is not typically a noise use, and it has been designed to architecturally complement the surrounding uses in terms of design, colors, materials, height, and bulk and mass. Moreover, the enhanced landscaping on the east elevation and twenty-five (25) foot landscape area will help mitigate any potential visual impacts and serve as a buffer for the adjacent residential development. Therefore, it is determined that the proposed use is compatible with the surrounding development and will not adversely affect the adjacent uses, buildings, or structures. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The overall development of the land is designed for the protection of the public health, safety and welfare of the community. The project will meet all City Ordinances adopted by the City of Temecula designed for the protection of the public health, safety and welfare, and will not be detrimental to the community. R:\STAFFRPT~170PA9q.PCI 10/16/97 cod (~ . The decision to approve, conditionally approve, or deny the project for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Attachments: I . . PC Resolution - Blue Page 8 A. Conditions of Approval - Blue Page 12 Initial Study - Blue Page 24 Mitigation Monitoring Program - Blue Page 42 Exhibits - Blue Page 50 A. B. C. D. E. F. Go Vicinity Map General Plan Map Zoning Map Site Plan Landscape Plan Proposed Landscaping of Existing Residential Wall (East Elevation) Elevation of Office/Manager's Unit R:\STAFFRP~170PAW.PC1 10/16/97 cod 7 MEMORANDUM TO: Planning Commission FROM: Patty Anders, Assistant Planner DATE: October 20, 1997 SUBJECT: Revisions to Staff Report Dated 'October 6, 1997' The following changes need to be made to the Staff Report: 1. Date should be October 20, 1997. . The square footage of the project is 105,838:103,510 square foot of storage area and 2,328 square feet of manager's unit/office area. These figures will be corrected throughout the staff report and resolution to correct the record. 3. Under Attachments on page 7, "H" was added for a Color Samples and Material Board. 4. An additional condition shall be added to restrict the hours of operation to Monday through Saturday, 7:00 a.m. to 7:00 p.m. and Sunday, 8:00 a.m. to 6:00 p.m. 5. Page 14, Condition 8, the Exhibit letter should be 'G', and Condition 9, the Exhibit letter should be 'H'. 6. Page 14, Condition 11, the last sentence should read, "These auctions shall be held no more than once a month, during normal business hours. R:\STAFFRP'r~170MEMO.DOC 11/25/97 pa ATTACHMENT NO. 6 LETTERS/PETITIONS IN OPPOSITION OCTOBER 20, 1997 R:\$TAFFRPT\I70PA97.CC 12/1/97 pa 29 Subject: The City of Temecula, Califi}rnia Planning Commission l)el James 27546 .Ion Christian Place Temecula, CA 92591 Conditional Use Permit Application No. 1'A97-0170, APN No. 911-670-019 If l'or no other reason than thc fact that this project does not mcct the agreement madc by Mr. Roripaugh and his agcnts during council hcarings on January 25, 1994, Application No. 911-67()-()19 should be denied. It should not bc necessary to cvcn addrcss C.U.P Application No. 911-6704)19 because by its very naturc it does not meet any requirements for "professional office", Code Section 17.08.020 (c) ()r for that matter "neighborhood commercial" Code Section 17.08.020 (a). But, to assure the Planning Commission that this application should bc denied as a C.U.P. in accordance with Development Code Chapter 17.04 the following is submitted: The Application (I)A 974)170) Conditional Use Permit does not mcct the intent of the development code, chapter 17.04.01() in that: The use applied for is not special or unique such that its affect on the surrounding area cannot bc determined in adwmcc of such a project. In l'act, we believe this approach was taken to circumvent other more restricting uses and code requirements. h. The proposed use is not consistent with either the (;cncral i~lan or Development Code sincc, based ~n hearings and findings at c{mncil mcctings {~n January 25, 1994 and Fcbruary 22, 1994, ?rovidcd fi~r a dcvclopmcnt c{msistcnt with a landscapcd profizssional ofl'icc complcx as a butter between neighborhood commercial (area 9) and thc Summerfield and Roripaugh tracts. In addition, the size of this project leaves very littic il' any land for pr()l~ssional olTice in the future, and none between Summerfield and the proposed pr()jcct. The proposed use is not compatible with adjacent and surr()unding residential tracts in that the noise, lighting, rcl]cctivc heat aud ac.sthctics are all dctrimcntal to the residents to the immediate cast of this proposed l'acility. Go Regardless of the design and landscaping of the proposcd facility the view l¥om thc two story homc.s duc cast of this project and from all surrounding vicw propertics look down directly on over 2 acres of rcd rectal roofs and asphalt which will bc lit-up at night for security. Not compatible with residential living2. d. The nature of this project is by its very nature detrimen[al to the general welfare of the community. First, and far from ieast, it will adversely afI~ct property values in the area and especially those ac[ja¢cnt to and those with view lots looking directly at the proposed facility. There is no control over whot is or can be~..3.komd_.in this type of facility. There is no ifis-~ection by Cal OSHA or any other agency. It is a known fact that people, companies and organizations do store anything they cannot keep or store anywhere else. Flammablcs, explosives, weapons are just a few. In addition, with 34 RV storage spaces, there is gasoline, propane, .:" batteries and anything else used with RVs and any or all of these, when ... combined in a fire situation, are both explosive and toxic. Go A decision to deny the proposed Conditional Use Permit can be made based on substantial evidence in view of the record as a whole due to prior agreements with Mr. Roripaugh, Council findings, resolutions of record and statements and information included in this statement. 2. The application requests a negative declaration of environmental impact. believe several factors need to be considered: W~ no Co Ground water loss from over 2 acres. Storm water run-off from over 2 acres directly into the drain trunk servicing parts of Nicholas Road, Roripaugh Hills and Summerfield tracts. Fire, explosive and assumed chemical hazards. Any other E.I.R. items which have not been addressed here, but may impact the community or the environment. Thank you Ibr your carcfuI consideration in this matter. Spokcspcrsorl lbr rcsidcnt pctitioncrs Attachments: Rcsidcnt petitions Petition We the undersigned residents of Roripaugh Hills hereby petition the City of Temeeula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA,//911-670-019 to construct and operate an ~.-~3.~%? Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. ..!ame (Pri. nt) Address (Print) ~ Signaturq~ /~ / Petition We the undersigned residents Of Roripaugh Hills hereby petition the City of Temecula Planning Department and Cit~ Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an" _~, Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Name (Print) Address (Prin0 Signature · . ,~t~'P'~ 13- o 'oR ~. Petition We the undersigned residents 6f Roripaugh Hills hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an ~-~ Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Signature ! Petition We the undersigned residents Of Roripaugh Hills hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate aw~'~'-~-Z_c-:_. Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Name (Print) Address (Print) Signature Petition We the undersigned residents Of Roripaugh Hills hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an .... --~. Mini Storage Facility located on Nicholas Road as described in the application. ~ .~The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Name (Print) Address (Print) 1 Signature . . ~ -- ,. / . ~ ' '~ .~ ,--- Petition We the undersigned residents Of Roripaugh Hills hereby petition the City of Temecula / PlanningDepartment and City Council to deny an application by ZB Investment Company, Newpor/Beach, CA, #911-670-019 to construct and operate an~,:'_~_-_--:~;7. Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Name (Print) Address (Print) Signature ... Petition We the undersigned residents of Roripaugh Hills hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an ~;t~~. Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Name (Print) Address (Print) Signature ~~/~..._..~ ., , :o 6, Petition We the undersigned residents of Roripaugh Hills hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an {~j~~gt. Mini Storage Facility located on Nicholas Road as described in the application.~~g;~' The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Petition We the undersigned residents ~f Roripaugh Hills hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an __ _,__.a~at~~_ _ __ Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent residences due to the nature of such a facility. Name (Print) Address (Print) Petition i~)We the undersigned homeowners and residents of Summerfield hereby petition the City Of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an 85,486 sq.ft. Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and c~n become ~. severe environmo-*-I h.?~rd ,n .dj.o~nt residences due to the nature of such a facility. Name ~ ~,.-i.,,~ Address (Print) Signature f, ~t ., Petition We the undersigned homeowners and residents of Summerfield hereby petition the .City of Temeeula Planning Department and City Council to deny an application by ZB · Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an 85,486 sq.ft. Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and e~_n become a a~vpr~ e_qvirn!!m~nt~l h~?~rd tn ~di~,~nt residences due to the nature of such a faciiity. Name tp.4,,,~ Address (Print) Signature · ' j Petition We the undersigned homeowners and residents of Summerfield hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an 85,486 sq.ft. Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become a severe environmental hazard to adjacent r~idences due to the nature of such a facility. Address (Print) Signature Petition We the undersigned homeowners and residents of Summerfield hereby petition the City of Temecula Planning Department and City Council to deny an application by ZB Investment Company, Newport Beach, CA, #911-670-019 to construct and operate an 85,486 sq.ft. Mini Storage Facility located on Nicholas Road as described in the application. The type, size, and design are not compatible with adjacent and surrounding residential areas and can become ~ severe environme.qt,! h.h_~z~rd tn adjaee.qt. residences due to the nature of such a faciiity. , ....., (Print) Name t P..-i-,~ Address '-' '- ATTACHMENT NO. 7 PLANNING COMMISSION MEETING MINUTES FROM NOVEMBER 1, 1993 AND CITY COUNCIL MEETING MINUTES JANUARY 25, 1994 FEBRUARY 22, 1994 R:\STAFFRF~170PA97.CC 1211197 pa ~0 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY. NOVEMBER 1, 1993 A regular meeting of the City of Temecula Planning Commission was held on Monday, November 1,1993, 6:05 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Chairman Steve Ford called the meeting to order. PRESENT: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Ford ABSENT: I COMMISSIONERS: Chiniaeff Also present were Planning Director Gary Thornhill, Assistant City Attorney Mary Jo Shelton, Principal Engineer Raymond Casey and Recording Secretary Gall Zigler. PUBLIC COMMENT Former Planning Commissioner Dennis Chiniaeff announced his resignation effective Friday, October 29, 1993, due to a conflict of interest with his new employer. Mr. Chiniaeff thanked the Commission for the pleasure of serving with them for the past four years. COMMISSION BUSINESS . 1. Aooroval of AQenda _ It was moved by Commissioner Blair, seconded by Commissioner Fahey to approve the agenda. The motion carried as follows: AYES: 4 NOES: 0 ABSENT: 0 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Blair, Fahey, Hoagland, Ford None None Aooroval of Minutes of October 4, 1993 It was moved by Commissioner Hoagland, seconded by Commissioner Fahey to approve the minutes of October 4, 1993. The motion carried as follows: AYES- 4 NOES: 0 COMMISSIONERS: COMMISSIONERS: Blair, Fahey, Hoagland, Ford None PCMIN 11 I01193 - 1- 11116193 . PLANNING COMMISSION MINUTES ABSENT: 0 COMMISSIONERS: 3. 0irector's Hearina Uodate No report. NON-PUBLIC HEARIN(~ ITEMS 4. PA93-0163, First Extension of Tim~ None NOVEMBER 1, 1993 Proposed first extension of time for Tentative Tract Map No. 24172, Amendment No. 1. East side of Ynez Road, approximately 200 feet south of Calle Halcon. Planning Assistant Craig Ruiz presented the staff report. It was moved by Commissioner Fahey, seconded by Commissioner Hoagland to Re- Affir. m the previously adopted Negative Declaration for Tentative Tract Map No. 24172, Amendment No. I and Adopt Resolution No. 93-24 approving PA93-0163, First Extension of Time for Tentative Tract Map No. 24172, Amendment No. 1, based upon the Analysis and Findings contained in the staff report and ~ PA93-0163, Tentative Tract Map No. 24172, Amendment No. 1, First Extension of Time subject to the Conditions of Approval. The motion was carried as follows: AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Ford NOES- 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Vesting Tentative Tract MaD NQ, 2.:~37;2, Second Extension of Tima Proposed second one (1) year extension of time for Vesting Tentative Tract Map No. 23372. Northwest corner of Rancho California Road and Meadows Parkway. Assistant Planner Matthew Fagan presented the staff report. He advised the applicant is now called Margarita Village Retirement Communities, Inc. Planner Fagan said Conditions 23, 24 and 26 have been deleted by staff. Ray Casey explained these conditions originally were added to the project to bring about discussions with the applicant regarding certain underlying specific plan conditions, specifically the construction of Margarita Road. He said the developer is scheduled to meet with staff to discuss moving forward with the construction of Margarita Road. PCMIN 11 I01193 -2- 11 I15193 PLANNINO. ¢~)MM~SSION MINUTES NOVEMBER 1, 1993 Commissioner Hoagland said he feels uncomfortable deleting these conditions. He said he does not believe the conditions hamper the developer of this project. He said previous erosion from this site resulted in a lawsuit. Commissioner Hoagland said he felt the conditions were appropriate at this time. Commissioner Fahey asked if this development impacts Margarita Road. Ray Casey said the primary access to this development will be from Rancho California Road. He said this development is part of an underlying specific plan which has been conditioned for the construction of Margarita Road, however these two tracts will not directly benefit from the construction of Margarita Road. There are several other access points which serve as secondary access one of which leads to Margarita Road, although there is some distance between these tracts and Margarita Road. Commissioner Hoagland said he feels this entire development contributes to the erosion problems in this area. Commissioner Ford asked if there was a date certain for completion of the erosion control conditions. Ray Casey responded thirty (30) days from the approval of the extension would be appropriate. Commissioner Hoagland said he could agree to delete Conditions of Approval 23 and 26 with the understanding that staff would work with the developer to come up with a timing constraint for the Specific Plan as a whole. It was moved by Commissioner Hoagland, seconded by Commissioner Fahey to approve staff recommendation. Planning Director Gary Thornhill said there was a discrepancy in the park fees. Item 5, Condition of Approval 32 of Page 18, was a previously approved Condition and is not consistent with Condition of Approval 18 of Page 4 of the new Conditions. Mick Ratikin, architect for the developer, said the property has not been graded and asked if the developer was. being conditioned for erosion control which is not part of this map. Additionally, Mr. Raftkin-said the developer has a Development Agreement with the County for park fees and feels the appropriate acreage which the developer should dedicate in lieu of fees is zero acreage. Mr. Raftkin said this tract is approximately one mile from Margarita Road. It was moved by Commissioner Hoagland, seconded by Commissioner Fahey to withdraw the original motion and continue this item to allow staff to work with the developer on these unresolved issues. PCMiN 11 I0/193 -3.- 11115193 PLANNIN(~ COMMISSION MINUTES NOVEMI~ER 1, 1993 Planning Director Gary Thornhill suggested the Commission recess to allow staff and the City Attorney to discuss the impact of a continuance on the time extension. Chairman Ford declared a recess at 6:40 P.M. The meeting reconvened at 6:45 P.M. Director Thornhill advised the Council the City Attorney has determined that because the application has been filed, it places a stay on the time frame and therefore recommends continuing this item and directing staff to bring it back with the 3rd Extension of Time. The motion was carried as follows: AYES: 4 COMMISSIONERS: NOES: 0 COMMISSIONERS: Blair, Fahey, Hoagland, Ford None ABSENT: 0 COMMISSIONERS: None . Vestina Tentative Tract. MaD NO. 23373, Second Ex!;ension Qf Tim~ Proposed second one (1) year extension of time for Vesting Tentative Tract Map No. 23373. Northwest corner of Rancho California Road and Meadows Parkway. It was moved by Commissioner Fahey, seconded by Commissioner Hoagland to continue this item to allow staff to work with the developer on unresolved issues relating to the Conditions of Approval. The motion was carried as follows: AYES: 4 NOES: 0 COMMISSIONERS: COMMISSIONERS: Blair, Fahey, Hoagland, Ford None ABSENT: 0 COMMISSIONERS: None 7. PA93-0175. Fi.rsl;. Exl;ension of Time Proposed First Extension of Time for Tentative Tract Map No. 26845, Amendment No. 1. Located at the northeast corner of Ynez And Santiago Roads. Assistant Planner Matthew Fagan presented the staff report. He stated staff has added Condition of Approval No. 32 as follows "The developer shall design and bond for Street A per the rural street development standards of the draft general plan". He said the NPDES condition has been added to this project. PCMIN 11/01193 -4- 11/t 5193 PLANNING COMMISSION MINUTES NOVEMBER 1. 1993 It was moved by Commissioner Hoagland, seconded by Commissioner Fahey to Adopt Resolution No. 93-25 Re-affirminQ the previously adopted Negative Declaration for Tentative Tract Map No. 26845, Amendment No. I subject to the Conditions of Approval with the modification to Condition No. 32 and the addition of the NPDES condition. The motion was carried as follows: AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Ford NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None PUBLIC HEARING ITEM 8. _PA93-Q.17.9. Sec..ond Unit Permit Proposal to construct a new 2,195 square foot dwelling unit. New unit will become the primary unit and the existing 1,536 square foot structure will become the secondary unit. Located at 31550 Calle Girasol. Assistant Planner Matthew Fagan presented the staff report. He advised Condition No. 10 has been deleted by staff. Commissioner Hoagland said he feels the City should require for improvement of these roads at the time of development or the City will have to go back and do the permanent road improvement in the future. Chairman Ford opened the public hearing at 7:10 P.M. Paul Toomey, attorney representing the Derobert family, 34664 County Line Road, Suite 6, Yucaipa, said the road improvement conditions would make this project "unaffordable". Mr. Toomey said he found a discrepancy in how the County fire agency applies the paving issue to the different types of projects. He explained in their schedule of maps, they extablish a sub-division with four or less parcels of the 2 1/2 acre size, they require a twenty-eight foot wide Class 2 base material road as an acceptable method of pavement. Mr. Toomey asked that permanent road improvements be applied to any develol~ment on this parcel. Mr. Toomey said the approval is for a temporary application and the owner would have to come back in five years and re-apply. It was moved by Commissioner Hoagland to approve staff recommendation. Commissioner Blair seconded the motion for discussion. PCMIN 11 I0/193 -E- 11 I16193 PLANNING COMMISSION MINUTES NOVEMBER....1, 1993 Director Thornhill asked if the Commission wants to leave determination of the base road material with the County fire agency. Commissioner Hoagland said he feels it is the City's obligation to bring areas up to urban standards. Commissioner Fahey said the City is an urban area however, there are several rural areas in the City that want to remain rural. Commissioner Fahey said she favors some leniency, however if it was to be anall weather road. If it is going to be a public right- of-way, the Commission should approve it with the appropriate conditions based on the ordinance. It was moved by Commissioner Hoagland, seconded by Commissioner Blair to close the public hearing at 7:20 P.M. and Adopt Resolution No. 93-26 approving PA93- 0179, Amendment No. I based on the analysis and findings contained in the staff report and subject to the Conditions of Approval, deleting Condition No. 10. The motion was carried as follows: AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Ford NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None . PA 93-0145 ($pe(;ific Plan N~. 164, Amen(Imenl; NO. 2) PA 93-0!44 (Tentative Tract Mai~ NO. 27827) A proposed request for Approval of Amendment No. 2 to Specific Plan No. 164 in Order to Change the Zoning for Planning Areas 7 (22.5 acres) and 8 (10.1 acres) from Very High Density Residential (20 Dwelling Units Per Acre) to High Density Residential (12 Dwelling Units Per Acre), to add a three (3) acre park and adjust the boundaries between Planning Areas 7, 8 and 9 and approval of Tentative Tract Tract Map No. 27827, a 162 single family lot subdivision plus a three (3) acre lot for a public park within Planning Area No. 7. Planner Saied Naaseh presented the staff report. He advised the Commission the applicant does not wish to form a Homeowners Association. He said staff has worked with the applicant to resolved many issues. Changes to the Conditions of Approval were distributed by memorandum dated November 1, 1993 from the Planning Department. Chairman Ford opened the public hearing at 7:40 P.M. Sanford Edward, 110 Newport Center Drive, Newport Beach, representing the applicant, provided an overview of the project's history. . . PCMIN 11/01193 -6.- 1 III 5193 PLANNING COMMISSION MINUTES NOVEMBER 1. 199:~ Commissioner Fahey suggested the formation of a Homeowners Association would make maintenace of the block walls more cost-effective to the individual homeowner. Patrick Callahan, landscape architect for the project, explained his discussions with the Community Services Director regarding the wall materials and how to handle 13otential vandalism of the wall. Commissioner Hoagland said he agrees once the vegetation grows and covers the wall, the wall will require very low maintenance however, it will take approximately 3 to 5 years for that plant material to grow and cover the walls. Commissioner Hoagland said a Homeowners Association would cost the individual property owners very little and allow them an avenue to resolve their problems without involving the City. Director Thornhill said the City now owns graffiti removal equipment and can appropriately remove graffiti from public view. Commissioner Blair said she does not recall the Planning Commission reviewing any other project this complex that did not have a Homeowners Association. Commissioner Blair said she is not pleased by the reduction in the parkway from 10' to 6' on one side of the street, and would like to see consistency on both sides of the street. She said she feels the City is giving up several qualities that are important to a Temecula project and she does not feel the project is at the appropriate stage for approval. Commissioner Hoagland said he feels that a Homeowners Association is important to the project. He said he feels the concept is good; however, he cannot support the project without the Homeowners Association. He said he is concerned with the berm outside the wall; however, he said he does not feel it is important to the approval. Director Thornhill explained the purpose of the berm was to reduce the apparent height of the wall as viewed from the street. It was moved by Commissioner Hoagland, seconded by Commissioner Blair to close the public hearing at 8:20 P.M. and Recommend Adol~ti0n of Resolution No. 93-27, recommending approval for: Planning Application Nos. 93-0144 and 93-0145 (Specific Plan No. 1 64, Amendment No. 2, and Tentative Tract Map No. 27827 based on the analysis and findings contained in the staff report and subject to the Conditions of Approval as modified by staff and Recommend Adoorion of Negative Declaration for PA93-0144 and P93-0145 and direct staff to draft conditions necessary to require the applicant to provide a community or homeowners association. Sanford Edward, the applicant's representative, concurred with the addition of a condition requiring the formation of homeowners association. Ray Casey said because there was no homeowners association, staff included maintenance of the alleys in Zone R of the Community Services Facilities Districts. He PCMIN 11 I01193 -7- 11 I1E;193 PLANNING COMMISSION MINUTES NOVEMBER 1, 1993 suggested that maintenance of the alleys be placed under the homeowners association. Commissioner Hoagland said he feels the City is better equipped to make a determination on when maintenance should be done on the alleys, therefore, the motion was not amended as Mr. Casey suggested. The motion was carried as follows: AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Ford NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None PLANNING DIRECTOR'S REPORT Director Thornhill advised the Commission a workshop on implementing the General Plan Village Concept is proposed for November 18, 1993. Mr. Thornhill advised the Commission of a proposal by Zev Buffman for the Old Town area. PLANNING COMMISSION DISCUSSION None OTHER BUSINES~ None ADJOURNMENT The next regular meeting of the City of Temecula Planning Commission will be held on Monday, December 6, 1993, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. f ~J -'/ Chai~fnan Steve Ford ~/ Secret~f'y PCMiN 1110/193 -6- 11115/93 City Council Minutes January 25. 1994 . 1993-94 Fire Protection Aoreement Councilmember Muhoz questioned the need for expenditures funds over and above amounts collected from Structural fire tax. Finance Officer Mary Jane McLarney stated that currently the expenditures for fire services are included in the general fund. Battalion Chief John Winder stated that current expenditures are due in large part to increased staffing levels and when the new fire station opens, these levels will need to be considered. City Manager Dixon stated currently extra funding comes from the general fund and staff has done everything possible to provide desired services without the need to raise taxes. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to approve staff recommendation as follows: 4.1 Approve the Fiscal Year 1993-94 Fire Protection Agreement with the Riverside County Fire Department and authorize the Mayor to execute the contract. The motion was unanimously carried. PUBLIC HEARINGS 13. $.oecific Plan No. 164. Amendment No. 2 (PA93-0145) and Tentative Tract Mao No. 27827 (PA93-0144). Rorioauoh -- Director of Planning Gary Thornhill presented the staff report. Mayor Roberts opened the public hearing at 7:38 PM. Leo Roripaugh, applicant, P.O. Box 2, addressed the City Council requesting approval of the project based on the need for affordable housing. Sanford Edward, 110 Newport Center Drive, representing the applicant, spoke in favor of the project. He showed a series of slides showing existing apartments which have the same zoning as is currently on the site as well as examples of projects similar to what is being proposed which are located in other areas of southern California. Minutes\l\25\94 -S- 11/14/97 City Council Minutes January 25. 1994 · Mayor Roberts called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:02 PM. Donald O. Lohr, 43513 Ridge Park Drive, spoke in favor of the project, based on its consistency with the City's General Plan. Jack Babcock, 27461 Bolandra Court, spoke in favor of the project, stating he feels this project will enhance the value of surrounding property. He also had no objections to the proposed "alleys". John Dedovesch, 39450 Long Ridge Drive, spoke in favor of the project based on the single family designation. Richard C. Kurtz, 43500 Ridge Park Drive, spoke in favor of the project, based on property rights of owners to develop property, and the single family designation. John Moramarco, P.O. Box 906, spoke in favor of the project. Susan R. Sousa, 40123 Cannes Court, spoke in opposition to the project and presented a petition containing 500 signatures. Ed Mowles, 27575 Dandelion Court, spoke in opposition to the project and presented a letter outlining the concerns of the Roripaugh Homeowners Association. Ronald S. Hebdon, 30484 Sierra Madre Drive, representing the Amberwood Association, spoke in opposition based on concerns regarding the proposed alleys. Kathy Miller, 40156 Tanager Circle, spoke regarding concern over loss of open space in the area and stated that developers in the past have not been honest to residents regarding existing conditions on the surrounding property. lan Wilson, 30225 Sierra Madre Drive, spoke in opposition to the project based on the proposed density. John Kiester, 39868 N. General Kearny Road, representing the Van Daele Ad Hoc Homeowners Association, spoke in opposition and asked that final decision be continued. Mayor Roberts called a recess at 8:43 PM. The meeting was reconvened at 8:57 PM with all members present. Gary Sousa, 40123 Cannes Court, spoke in opposition to the project. Minutes\ 1 \25\94 -6- 11/14/97 Citv Council Minutes January 25. 1994 Bruce Weckesser, 27441 Bolandro Court, spoke regarding the need for fire protection on the East Side of the freeway. He spoke in opposition to the change from office/professional designation to high density residential. Garrett Burke, 27498 Jimson Circle, spoke in opposition to the project based on the current availability of low cost housing in Temecula. Cecelia Axton, 30169 Sierra Madre Drive, spoke in opposition to the project and presented the City Clerk with lan Wilson's report. Mayor Roberts called a recess at 9:16 PM to change the tape. The meeting was reconvened at 9:18 PM. Larry Synder, 40122 Cannes Court, spoke in opposition to the project based on the alley concept. Richard W. Bacon, 39721 Barberry Court, stated the CC&R's have not yet been written for the project and requested a continuance. Robert Faille, 30209 Sierra Madre Drive, spoke in opposition. Ray Borel, 37615 Leon Road, Murrieta, spoke in favor of the project and asked that the Council protect the property rights of Mr. Roripaugh. Michael Perry, 1250 Prospect Street, La Jolla, developer of Lot 7, spoke in favor of the project. Sanford Edward spoke in rebuttal to the points made during the presentation. He stated that CC&R's will be developed after the project is approved. He stated a project is not proposed currently in Planning Area 8, and stated the developers are willing to compromise in the density and agree to a Town House Project. He stated the applicant is willing to eliminate the parking at the park if desired, and place two handicapped parking spaces in the street. He also stated the Temecula Valley School District did review the project and favored the lower density. He explained that each house will include a fenced back yard, allowing room for children to play in their own yards. He urged approval of the project, stating he feels it is in the best interest of the community. Councilmember Mu~oz inquired regarding lighting of alleys. Mr. Edward stated that lights are on automatic timers and maintained by the Homeowners Association, not individual property owners. Councilmember Mu~oz asked if this could be a gated community. Mr. Edward explained that to gate this development would require the streets to be private and the costs would be prohibitive for low income housing. Minutes\ 1 \25\94 -7- 11/14/97 City Council Minutes January 26. 1994 Director of Planning Thornhill suggested strengthening Condition 12 D. F. to require light poles be installed and maintained in the alleyways by the homeowners association. Mayor Pro Tem Stone asked that Chief Sayre address safety issues regarding alleys. Chief Sayre stated that the manner in which the homeowner's association maintains the alleys is critical. If they are not maintained, problems can occur. Councilmember Parks questioned the truth in lending requirements. Mr. Edwards answered, by State law a White Report must be given to all prospective homeowners. Councilmember Mu~oz suggested that a summary of the most critical points be placed at the front of the White Report to better inform prospective homeowners of conditions affecting the property. Councilmember Parks stated he feels this project goes along with the Village Concept, with more access to pedestrian and bike shopping, within residential areas. Councilmember Birdsall stated that Council has given strong direction that they are interested in discouraging future multi-family housing. Mayor Pro Tem Stone summarized the concerns as follows: alleys, pricing of homes, parking at the park and the permanent restrooms. He stated he feels the City needs some type of assurance that this area no[ be developed as multi-family, and suggested that Planning Area 8 remain Office/Professional. Due to the lateness of the hour, Mayor Roberts reviewed the agenda for items that could be continued to future meetings. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to extend the meeting until 11:00 PM and to continue Items 14-17. The motion was unanimously carried. Mayor Roberts called a brief recess at 10:14 PM to change the tape. The meeting was reconvened with all members present at 10:15 PM. Councilmember Mu~oz stated he feels that this project is more beneficial to the community than a multi-family development, but does share concerns regarding accepting Planning Area 8 as a high density area. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff recommendation, with modifications recommended by staff that pole lighting be required, the White Report be strengthened and the density of Planning Area 8 be readdressed. Minutes\l \25\94 -8- 11/14/97 ~;jtv Coun=il Minutes January 25. 1994 City Attorney Field suggested that if it is Council's desire to change the designation on Planning Area 8, this item should be continued since it would require a General Plan Amendment. Mayor Pro Tem stone asked how long a general plan amendment could take. City Attorney Field answered 90-120 days. Sanford Edwards stated that if the City Council wishes to readdress Planning Area 8, they would be willing to accept a condition that new development could not go forward in Planning Area 8 until the Council has had the opportunity to design a use which is acceptable. City Attorney Field requested a five minute recess to confer with the Planning Director. Mayor Roberts declared a recess at 10:54 PM. The meeting was reconvened with all members present at 11:00 PM. Director of Planning Thornhill recommended changing Planning Area 8 to a not to exceed four units per acre designation with the understanding that the City will initiate a General Plan Amendment and the applicant will enter into a Memorandum of Understanding with the City to initiate a specific plan amendment to change the land use designation for Planning Area 8 to Office/Professional designation. Mayor Pro Tem Roberts stated that he agrees with Office/Professional for Planning Area 8, but still has a concern with alleys. He stated he was hoping to continue this item to work out this problem. It was moved by Councilmember Birdsall to approve staff recommendation 13.1 and 13.2 with additional conditions requiring pole lighting in the alleys, to strengthen the White Report to include a prominently displayed summary and with the understanding that the Developers agree to a reduction in the density in Planning Area 8 to four (4) dwelling units per acre. Further, that the Applicant will initiate ~ Specific Plan Amendment and the City will initiate a General Plan Amendment to change the land use designation for Planning Area 8 to office/professional. 13.1 Adopt a Negative Declaration for Specific Plan No. 164, Amendment No. 2 (PA93-0145) and Tentative Tract Map No. 27827 (PA 93-0144), Roripaugh; 13.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 94-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN NO. 164, AMENDMENT NO. 2 (PA93-0145); AMENDING SPECIFIC PLAN NO. 164 TO CHANGE THE ZONING FOR PLANNING AREAS 7 {22.5 ACRES) AND 8 (10.1 ACRES) FROM VERY HIGH DENSITY Minutes\ 1 \25\94 -9- 11/14197 City Council Minutes January 25. 1~)~)4 RESIDENTIAL {20 DWELLING UNITS PER ACRE) TO HIGH DENSITY RESIDENTIAL (12 DWELLING UNITS PER ACRE), TO ADD A THREE {3) ACRE PARK AND ADJUST THE BOUNDARIES BETWEEN PLANNING AREAS 7, 8 AND 9 LOCATED ON THE NORTH WEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone NOES: 1 COUNCILMEMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: No Director of Public Works Tim Serlet stated that Condition No. 59 should read "east bound traffic on Nicolas Road." Councilmember Stone suggested that parking be allowed in the alleys, except on scheduled trash pick-up days to alleviate parking problems on the streets. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff recommendation 13.3 and 13.4 with changes to Conditions No. 49 to permit parking within the alleys except during hours scheduled for trash pick up and Condition No. 59 to modify the condition to read, "east bound traffic on Nicolas Road." 13.3 Adopt a resolution entitled: RESOLUTION NO. 94-07 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN NO. 164, AMENDMENT NO. 2 (PA93-0145); AMENDING SPECIFIC PLAN NO. 164 TO CHANGE THE ZONING FROM PLANNING AREAS 7 (22.5 ACRES) AND 8 (10.1 ACRES) FROM VERY HIGH DENSITY RESIDENTIAL (20 DWELLING UNITS PER ACRE), COMMERCIAL AND OFFICE TO HIGH DENSITY RESIDENTIAL (12 DWELLING UNITS PER ACRE) FOR PLANNING AREA 7, LOW DENSITY RESIDENTIAL (4 DWELLING UNITS PER ACRE) FOR PLANNING AREA 8, TO ADD A THREE 13) ACRE PARK AND ADJUST THE BOUNDARIES BETWEEN PLANNING AREAS 7, 8 AND 9 LOCATED ON THE NORTH WEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD 13.4 Adopt a resolution entitled: Minutes\l \25\94 -10- 11/14/97 City Council Minutes January 25. 1994 RESOLUTION NO. 94-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 27827 (PA93-0144) TO CREATE A 162 SINGLE FAMILY LOT SUBDIVISION PLUS A THREE (3) ACRE LOT FOR A PUBLIC PARK WITHIN PLANNING AREA NO. 7 AND LOCATED ON THE NORTH WEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD The motion carried by the following vote' AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone NOES' 1 COUNCILMEMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: No It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to extend the meeting to 11:30 PM. The motion carried with Councilmember Birdsall in opposition. COUNCIL BUSINESS 18. E,x.eenditure of Funds from CFD 88-12 for the Purchase of a Park Near the Intersection of Margarita Road and Moraga Road It was moved by Counciimember Mu~oz, seconded by Counciimember Parks to approve staff recommendation as follows: 13.1 Approve a resolution entitled: RESOLUTION NO. 94-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING THE EXPENDITURE OF FUNDS FROM CFD 88-12 FOR THE PURCHASE OF A PARK NEAR THE INTERSECTION OF MARGARITA ROAD AND MORAGA ROAD Mayor Pro Tern Stone stated he previously voted "no" regarding expending funds to purchase this property, due to the purchase price, and would vote "no" on this item for the same reason. Councilmember Muhoz stated he would abstain on this item, since he abstained on the previous item. Minutes\l\25\94 -11- 11/14/97 City Council Minutes Febrljarv 22. 1994 Ray Serna, 32365 Cercle Latour, a resident of Chardonney Hills, stated he has $300,000 invested in his home, and due to economic times has lost a substantial amount. He stated he does not feel it is right for the builder to build smaller homes in this area, which will further lower the value of his home. Mayor Roberts closed the public hearing at 9:3.9 PM. City Attorney Field recommended that this be referred to the Planning Commission to begin the process of developing an ordinance. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to refer this matter to the Planning Commission to begin the Public Hearing process to establish an ordinance to address down sizing in approved residential subdivisions. The motion was unanimously carried. Mayor Roberts reordered the agenda to hear Item 18 out of order. 18. Specific Plan No. 164. Amendment No, 2 ¢PA93-0145) Rori.oaugh City Attorney Field presented the staff report and explained that Planning Area 8 has been changed directly to Office Professional which addresses the concern of surrounding homeowners. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to approve staff recommendation 18.1 as follows: 18.1 Re-introduce an ordinance entitled: ORDINANCE NO. 94-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING LAND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 164, LOCATED AT THE NORTHWEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone NOES: 1 COUNCILMEMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: None Minutes\2\22\94 - 10- 11/14/97 City Council Minute8 February 22. 1994 It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve staff recommendations 18.2 and 18.3 as follows: 18.2 Adopt a resolution entitled: RESOLUTION NO. 94-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN NO. 164, AMENDMENT NO. 2 {PLANNING APPLICATION 93- 145), LOCATED AT THE NORTHWEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD SO AS TO CHANGE "THE ZONING" FOR PLANNING AREA 7 FROM VERY HIGH RESIDENTIAL {20 DWELLING UNITS PER ACRE), TO HIGH DENSITY RESIDENTIAL (12 DWELLING UNITS PER ACRE), TO HIGH DENSITY RESIDENTIAL {12 DWELLING UNITS PER ACRE), TO ADD A THREE {3) ACRE PARK TO PLANNING AREA 7, TO ADJUST THE BOUNDARIES BETWEEN PLANNING AREAS 7, 8 AND 9, AND REPEALING RESOLUTION NO. 93 -O7 18.3 Adopt a resolution entitled: RESOLUTION NO. 94-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 27827 {PLANNING APPLICATION NO. 93-0144) LOCATED AT THE NORTHWEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD SO AS TO CREATE A 162 SINGLE FAMILY LOT SUBDIVISION PLUS A THREE(3) ACRE LOT FOR A PUBLIC PARK WITHIN SPECIFIC PLAN NO. 167, PLANNING AREA NO. 7 AND REPEALING RESOLUTION NO. 94-08 The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone NOES: I COUNCILMEMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: None It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to extend the meeting until 10:30 PM. The motion was unanimously carried. 1 7. Consideration of Recommendation Regarding CourltV Ambulance Services CFD Division Chief Jim Wright and County Fire Chief Mike Harris presented the staff report. Minutes\2\22\94 -11- 11 [14/97 ATTACHMENT NO. 8 LIST OF PERMITTED USES IN PLANNING AREA 8 R:\STAFFRPT\170PA97.CC 12/1/97 pa 3 1 ARTICLE IX C-1 ZONE C-P ZONE (GENERAL COMMERC]AL) The following regulations shall apply tn all C.1 Zones and C-P Zones: SECTION 9.1. USES PERMITTED_. a. The following uses are permitted, only in encl'osed buildings with not more than 200 square feet of outst de storage or display of mateft el s appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of this ordinance: (2) Antique Shops (3) Appliance stores, household (4} Art supply shops and studios (-7-)--AuL~bile ,=~.,~ §~,.=~.~et i--~ ~' .~dy-~d ,c,,de~ shops~ {8) Aut~obile parts and supply stores ll"l~ I~ -~-- ~/ oo~ry goods distributo~$- (10 Bakery shops, including baking only ~en incidental to retail sales on the praises (11)Banks and financial institutions (12)Ber~r and ~muty shops (13)Ba~ and co~ktai~ loung~ roma ..~, ,at ir, d Icitlng rv~es ~ Book ,to,es and 18) Catering services 19 Cleaning and ~tng s~ps 20 Clothing stores (21 Confecttonery or candy stores (Z5 Depar~ent s ~26~ O~g sto..s 27 Dry ~ods stores (30) Feed and grain sales 65 - (31) Florists shops (32) ;ood markets and f~ozen food 1ocke~s (33) ~so1~ne service s~e~ons, no~ including the concurren~ sale of ~e~ ~nd ~ne for off-p~mJses cons~pt~on (34) G~f~ shops (~) n~,~t ru50'r~ ho~e~s and ~e~ (36) Household goo~ sales, ~nclu~ng bu~ not 11mJted to, n~ an~ use~ appliances, ruenitre, ca~ets, deepe~Jes, laps, radios, and television sets, ~nclud~ng repaJ~ thereof (37) Hobby s~ps (38) ~ce crem shops (39) Zce sales, not Including tce plants ~40~ Zntertor ~coratlng shops 41 Jewelry stores, 1ncludlng Incidental repal~ (46) L~quo~ stores (47) Locksmith shops (52) Heat markets, not including slaughtering S6 He~s s~ores (~?) Notions or novel~ stores (S8) Offices, Including bus~ness, lay, mealice1, ~ntol, chJ~oprac~tc, o~ch~ec~ral, engineering, c~un~ ~ .planning, es~a~e (60) Paint and wallpaper stores, not including paint contractors (6Z) Pet s~ps an~ ~t suppl~ shops (63) Photograp~ shops end s~os and photo engraving 64) Pl~tng shops, not Including plumbing contracto~ Poultr~ merket~ not Jnclu~ng s~mghtefing or live sales ~ Refres..nt stands Restaurants and other earlrig establls~ents (72) Schools, buslness and professlonal, Including art, beret, ~aut~, dance. drma, muslc an~ sw1~lng (73) Shoe stores and repair shops (74) Shoeshine stands 66 (76) Sporting goods stores I ex~ oe,-,t (8]) Tatlot shops !Theaters, not Including drive-Ins l-,,. ~.1 ~o ,...~ _i. i..~, -- ,,v, 4a~udt~g recappt ng TGu,'t =t i-'---'" ?Toy shops (88) Travel agenctes ggO) Watch repair shops · ~ .,.~,...,- ........... ~,.s on the premises but not tnclud~n§ storage (94) Recycling collection facilities. (g5) Convenience stores. not including the sale of motor vehicle fuel. (96) Day care centers. b. The following uses are permitted, together with outside storage and titsplay of materials appurtenant to such use, provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this oroqnance: -~*~ :nd-r-ea~l agencies (2)Bicycle sales and rentals ~.G;t and '~-- (4) ~----IC ;ales and ..... ,..,,.,actu~ for on-site sales. .~, -,, provt deal the total vol~e of kiln space ~es not exceed ]6 cubic feet ---~-- ~e- s-~ - .... ' --~ pl--'---Ix~r~ --' ~x~d;n~ lO ~n~ lid (7) F; ~,m; .~n~'"castt ng ~ ~"~ 6oil cart ~ales .,,. ~ Hathate stores, including not more than 1000 sq. ft. of outside stora~ l~r ~ ~trole~ service s~=to~, not inclug;n9 .,,d .,n;, ~,-uv,Ged t;,~ LoLEi ~ac;~ of all tank~ sal~ of ~r -- ~ .... ~G~u &utvv~ ~al . i ,,~v,,. p,~U~l y located 67 ' ~.~, ,. ..... ~ .....~-e 1-h~- I ~ :1~ (13) Nudeties and garden ~ppl~ stopes (~S) ~ ....... ~c~~~ ec~fes, but -I nclu ~-~yr~ges tn~ ' .... "'-~ t"t~'--; ~' '-"-~ ~F i~ki not ~;~ v~Mcle ~ignt, ~th body hal to exceed ZZ-~ee~ ~~,m back" o~ ~he cab ~o ~ne ena of ' d · "- ~ y, and' the rental ~ll~,-~ ~ot exceeding 6 F~ i~ wl~'~ o~ 22 Feek in i~F, gth ~ ) .1 ...... c. (Deleted) The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Section 18.28 of this ordinance: (1) Sale, rental, repair, or demonstration of motorcycles, scooters, and mo to rbi kes (2) Drive-in theaters (3) Hell ports (4) Tire recapping (5) Animal hospitals ~~(~l Body and fender shops and spray painting Swap meets (8) All uses permitted in Subsection (a) of this Section that have more than 200 sq. ft. of outside storage or display of materials (g) Mini warehouse structures IlO) Lmnber yards, including only incidental mtl1 work 11) Bui 1 di n9 matera al s sal es yards }~I Underground bulk fuel stor,ge Congregate care residential facilities -~~l Convenience stores. including the s.le of motor vehicle fuel. Gasoline service stations wtth the concurrent sale of beer and wine for off-prentses consapriori. (16) Liquid petrolera service stations w'lth the concurrent sale of beer and wine for off-premises consapriori, provt~d the total capacity of all tanks shall not exceed 10,000 gallons. e. Accessory Uses. An accessory use to a permitted use is allowed provided the accessory use is incidental to, and does not alter the character of, the principal pemttted use, including, but not limited to: 68 (1) Limtted manufacturing, fabricating, processing, packaging, treattrig and Incidental storage related thereto, provided any such activity shall be in the sane line of merchandise or service as the trade or servtce business conducted on the the premises and provtded any such acttvity does not exceed any of the fol lowing restrictions: a. The maximum gross floor area of the building peml tted to be devoted to such accessory use shall be 25 percent. b. The maximum total horsepower of all electric motors used in connection with such accessory use shall be S horsepower. c. The accessory use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the praises. Such accessory use shall be located not nearer than SO feet to any rest dentt al zone. d. Accessory uses shall be conducted wholly within a completely enclosed bull dang. f. Any use that is not specifically listed tn Subsections a., b. and d. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls. AMENDED EFFECTIVE: 07-16-85 (348.2496) 08-29-85 (348.2510I 12-26-85 (348.Z535 06- 30-88 (348.2856) 05-04-89 (348.3023) 08-10-89 (348.3047) 10-05-89 (348.3053} 11-05-89 (348.3078) SECTION 9.2. PLANNED COMMERCIAL DEVELOPMENTS. Planned Commercial Developments are permitted provided a land division is approved pursuant to the provi sion of Ordi hence No. 460. SECTION 9.3. (Deleted) SECTION 9.4. DEVELOPMENT STANDARDS. The following standards of clevelopment are required in the C-! and C-P zones: a. There is no minimum lot area requirement, unless specifically required by zone classification for a particular area. b. There are no yard requlrenents for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a butldtng which exceeds 35 feet in height shall be set back from the 69 f~ont, rear and s1~ tot 11nes not ]ess than 2 feet for each foot by ~htch the hetght exceeds 35 feet. The front setback shall be measure~ frm the extstln§ street line unless a spectftc plan h~s ~efi adopted tn ~tch case tt ~1~ ~ measured frm t~ s~ctftc plan street line. T~ rea~ setback shall ~ measured f~m the extsttng ~a~ lot 1the o~ f~ an~ re,or, d alle~ or eas~ent; tf the ~ar ]tne adjoins a street, the ~ar setba~ requtr~ent shall ~ t~ s~ as requtred for a f~ont setback. Each stde setback shall ~ messured frm t~ slde lot ]tne, or frm an extsttng adjacent street 1the unless a s~ctft~ pla~ has ~en adopted, tn ~t~h case tt ~]1 ~ ~asure~ fr~ the spectfl~ p~a~ strut 1 the. c. All but1~ngs and structures shall not exceed $0 feet tn hetght, unless a hetght up to 75 feet. or greater than 75 feet for broadcasting antennas. ts approved pursuant to Sectton 18.34 of the ordinance. d. Automobile storage space shall be provtded as requtred by Sectton 18.12 of thts ordinance. -. e. All roof mounted mechanical equipment shall be screened from the ground elevation view to a mintmum stght tit stance of 1,320 feet. Amended Effect1 ve: 01-15-64 (Ord. 348.251) 12-10-75 11-10-65 (Ord. 348.401) 04-21-77 <Or . 07-25-74 (Ord 348 13491 08-O7-86 10-02-75 (Ord~ 348~ 1470 06-30-88 11-13-75 (Oral. 348.1476) 05-04-89 08-- 10-89 10-05-89 (Ord. 348.1481 ) (Oral. 348.1564) (Oral. 348.1647) lord. 348.1664) Oral. 348.1688) Ord. 348.1879) lord. 348.1926) Ord. 348.2591) Ord. 348.2856) Ord. 348.30231 (Ord. 348,3047 (Ord. 348,30S3) 7O ATTACHMENT NO. 9 SITE PLAN EXHIBIT R:\STAFFRFF~170PA97.CC 1211197 pa ~2 i I t !i .......... 'S.'.-'; .... ITEM 17 TO: FROM: DATE: SUBJECT: CITY ATTORNEY DIRECTOR OF FINAI~,E CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director~ December 9, 1997 Planning Application No. PA97-0319: Amendment to Ordinance No. 91-26 Pertaining to Advertising Regulations and Establishing Regulations for the Use of Ambient Air Balloons and other Similar Inflatables Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Commission Recommends that the City Council: 1. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5 PERTAINING TO ADVERTISING REGULATIONS FOR THE USE OF TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES BACKGROUND On July 23, 1991, the City Council adopted Ordinance No. 91-26, which amended Ordinance No. 90-04. This added Section 19.8, establishing regulations governing the size, shape and type of ambient air balloons used for advertising purposes and specified the time period for which a permit can be obtained. Recently, there has been confusion regarding the intent of two Sections of the Ordinance. These are discussed below. Revised Language Pro_Dosed for Section 19.8. Subsection C.4 Below is the revised language proposed for Section 19.8, Subsection C.4. Additions to the language appear in bold type-face. Deletions appear as a strike-out to the text. . "All such signs Ambient Air Balloons shall be permitted to be displayed for a period not to exceed a total of fifteen (15) consecutive calendar days withi13 in any ninety (90) calendar day period. The ninety (90) calendar day period shall commence upon issuance of the required permit. In Eeu-o~ addition to the maximum allowable fifteen (15) consecutive calendar day period herein a thirty (30) consecutive calendar day permit may be issued by the City ~ for the month during which the Temecula Annual Balloon and Wine Festival is held, if such event is held." R:\STAFFRPTLg19PA97.CC1 11124197 klb 1 The new language clarifies the display period for the ambient air balloons to be fifteen (1§) consecutive calendar days. Additional language has been added to clarify the ninety (90) calendar day period between the issuance of permits for the ambient air balloons. Lastly, the language for the period during the Temecula Annual Balloon and Wine Festival has been clarified. Staff feels these modifications to the language is closer to the original intent of the Ordinance. In addition, this will allow clarity in interpretation of the Ordinance in the event that the Code Enforcement Department is needed. Revised Language Pro.Dosed for Section 19.8. Subsection C.5 Below is the revised language proposed for Section 19.8, Subsection C.5. Additions to the language appear in bold type-face. Deletions appear as a strike-out to the text. . "The number of sh3ns Ambient Air Balloons proposed to be used shall be limited to no more than three-f-~ one (1) on any one site during any allowed time period as set forth in subparagraph C.4. A maximum of three (3) businesses may be identified on the Ambient Air Balloon, with individual tenants allowed a maximum of one advertisement per Ambient Air Balloon. Spacing shall be a minimum of three hundred fifty feet (350') between the ambient air balloons. In lieu of the maximum allowable three (3) $i0n$ one (1) Ambient Air Balloon on any one site and the minimum three hundred fifty foot (350') spacing between balloons herein, the provisions of subparagraph c.5. may be waived by the City during for the month during which of the Temecula Annual Balloon and Wine Festival is held, if such event is held." The changes to this Section decreases the potential for multiple interpretations of the number of ambient air balloons allowed on a "site." Site is identified in Ordinance No. 91-26 as: "one or more contiguous parcels of land identified by the Assessor's records wherein an individual building or an integrated building development has been approved" and "a building wherein two or more separate independently owned or operated commercial, office or industrial businesses are contained." Language has been added to clarify the maximum number of businesses to be allowed on the ambient air balloon (three). Lastly, the language for the period during the Temecula Annual Balloon and Wine Festival has been clarified. Again, Staff feels these modifications to the language is closer to the original intent of the Ordinance and will allow further clarity in interpretation of the Ordinance. The language proposed in the amendment will serve to clarify the ordinance. Pl{~nning Commission Decision The Planning Commission recommended the City Council approve the amendments to Ordinance No. 91-26 by a 4-0 vote (Commissioner Guerriero abstained) at their November 3, 1997 meeting. No one spoke in favor or in opposition to the amendment. There was no Commission discussion on this item. FISCAL IMPACT None. Attachments' , Ordinance No. 97- - Page 3 Planning Commission Staff Report (November 3, 1997) - Page 7 Planning Commission Minutes (November 3, 1997) - Page 8 R:\STAFFRPT~319PA97.CCI 11/24/97 klb 2 ATTACHMENT NO. I ORDINANCE NO. 97- R:\STAFFRPT~I9PA97.CC1 11/24/97 ~ 3 ATTACHMENT NO. 1 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5 PERTAINING TO ADVERTISING REGULATIONS FOR THE USE OF TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES THE CITY COUNCIL OF THE CITY OF TEMEC~, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. findings: That the Temecula City Council hereby makes the following A. The City has adopted by reference portions of the non-codified Riverside County Ordinance including Ordinance No. 348. B. Ordinance No. 91-26 amended Ordinance No. 90-04 by adding provisions to allow for the use of temporary ambient air balloons for advertising purposes. C. It is necessary to Amend Ordinance No. 90-04, Section 19.8, Subsection C.4 and C.5, pertaining to Advertising Regulations for the Use of Temporary Ambient Air Balloons and Other Similar Inflatables. Section2. Ordinance Amendment. City Ordinance No. 90-04 adopted by reference certain portions of Non-Codified Riverside County Ordinances, including Ordinance No. 348. Riverside County Ordinance No. 348, Section 19.8, Subsections C.4 and C.5, are hereby amended to read: "4. Ambient Air Balloons shall be permitted to be displayed for a period not to exceed a total of fifteen (15) consecutive calendar days in any ninety (90) calendar day period. The ninety (90) calendar day period shall commence upon issuance of the required permit. In addition to the maximum allowable fifteen (15) consecutive calendar day period herein a thirty (30) consecutive calendar day permit may be issued by the City for the month during which the Temecula Annual Balloon and Wine Festival is held, if such event is held." "5. The number of Ambient Air Balloons proposed to be used shall be limited to no more than one (1) on any one site during any allowed time period as set forth in subparagraph C.4. A maximum of three (3) businesses may be identified on the Ambient Air Balloon, with individual tenants allowed a maximum of one advertisement per Ambient Air Balloon. Spacing shall be a minimum of three hundred fifty feet (350') between the ambient air balloons. In lieu of the maximum R:\STAFFRPT\319PA97.CC1 11124197 klb 4 allowable one (1) Ambient Air Balloon on any one site and the minimum three hundred fifty foot (350') spacing between balloons herein, the provisions of subparagraph C.5. may be waived by the City for the month during which the Temecula Annual Balloon and Wine Festival is held, if such event is held." Section 3. Severability_. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRPT\319PA97.CCI 11/24/~/klb ~ Section 5. PASSED, APPROVi*~D, AND ADOPTED this day of Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 9 - was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 199.._, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the ~ day of , by the following roll call vote: AYES- COUNCILMEMBERS NOES' COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, City Clerk R:\STAFFRPT\319PA97.CC1 11/24/97 klb 6 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT NOVEMBER 3, 1997 R:\STAFFRIYI~319PA97.CC1 11/~24/9"] klb 7 MEMORANDUM TO: FROM: Planning Commission / Debbie Ubnosl~6, Planning Manager DATE: November 3, 1997 SUBJECT: Planning Application No. PA97-0319: Amendment to Ordinance No. 91-26 Pertaining to Advertising Regulations and Establishing Regulations for the Use of Ambient Air Balloons and other Similar Inflatables Prepared by: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADO~ Resolution No. 97- recommending that the City Council adopt an Ordinance amending Ordinance No. 91-26, Section 19.8, Subsection C.4 and C.5, pertaining to advertising regulations for the use of temporary ambient air balloons based upon the Analysis and Findings contained in the Staff Report. BACKGROUND On July 23, 1991, the City Council adopted Ordinance No. 91-26, which amended Ordinance No. 90-04. This added Section 19.8, establishing regulations governing the size, shape and type of ambient air balloons used for advertising purposes and specified the time period for which a permit can be obtained. Recently, there has been confusion regarding the intent of this Section. The language proposed in the amendment will serve to clarify the ordinance. ANALYSIS Revised Language Proposed for Section 19.8. Subsection c.4 Below is the revised language proposed for Section 19.8, Subsection C.4. Additions to the language appear in bold type-face. Deletions appear as a strike-out to the text. R:\STAFFRPT\319PA97.PC1 10/20/97 ~f i . UAl1 .... L _:___ Ambient Air Balloons shall be permitted to be displayed for a period not to exceed a total of fifteen (15) consecutive calendar days -~-ithi,a in any ninety (90) calendar day period. The ninety (90) calendar day period shall commence upon issuance of the required permit. In timcol addition to the maximum allowable fifteen (15) consecutive calendar day period herein a thirty (30) consecutive calendar day permit may be issued by the City din/rig for the month during which the Temecula Annual Balloon and Wine Festival is held, if such event is held." The new language clarifies the display period for the ambient air balloons to be fifteen (15) consecutive calendar days. Additional language has been added to clarify the ninety (90) calendar day period between the issuance of permits for the ambient air balloons. Lasfiy, the language for the period during the Temecula Annual Balloon and Wine Festival has been clarified. Staff feels these modifications to the language is closer to the original intent of the Ordinance. In addition, this will allow clarity in interpretation of the Ordinance in the event that the Code Enforcement Department is needed. Revised Language Proposed for Section 19.8, Subsection C.5 Below is the revised language proposed for Section 19.8, Subsection C.5. Additions to the language appear in bold type-face. Deletions appear as a strike-out to the text. 5, "The number of signs Ambient Air Balloons proposed to be used shall be limited to no more than three-O) one (1) on any one site during any allowed time period as set forth in subparagraph C.4. A maximum of three (3) businesses may be identified on the Ambient Air Balloon, with individual tenants allowed a maximum of one advertisement per Ambient Air Balloon. Spacing shall be a minimum of three hundred fifty feet (350') between the ambient air balloons. In lieu of the maximum allowable three t.,~ ~,,~,,~ one (1) Ambient Air Balloon on any one site and the minimum three hundred fifty foot (350') spacing between balloons herein, the provisions of subparagraph c.5. may be waived by the City daring for the month during which of the Temecula Annual Balloon and Wine Festival is held, if such event is held." The changes to this Section decreases the potential for multiple interpretations of the number of ambient air balloons allowed on a "site." Site is identified in Ordinance No. 91-26 as: "one or more contiguous parcels of land identified by the Assessor's records wherein an individual building or an integrated building development has been approved" and "a building wherein two or more separate independently owned or operated commercial, office or industrial businesses are contained." Language has been added to clarify the maximum number of businesses to be allowed on the ambient air balloon (three). l_astly, the language for the period during the Temecula Annual Balloon and Wine Festival has been clarified. Again, Staff feels these modifications to the language is closer to the original intent of the Ordinance and will allow further clarity in interpretation of the Ordinance. R:\STAFFRPT~319PA97.PCI 10/20/97 mf 2 Attachments: , e PC Resolution No. 97- - Blue Page 4 A. Ordinance No. 97-~- Blue Page 7 Ordinance No. 91-26- Blue Page 11 R:\$TAFFRP~319PA97.PC1 10/28/97 mf 3 ATTACHMENT NO. 1 PC RKSOL~ON NO. 97- R:\STAFFRFF~319PA9q.PCI 10/20/97 mf ~' ATTACHMENT NO. 1 RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5, PERTAINING TO ADVERTISING REGUI~TIONS FOR THE USE OF TEMPORARY AMBIENT AIR BALLOONS WHEREAS, on July 23, 1991, the City of Temecula City Council adopted Ordinance No. 91-26 which amended Ordinance No. 90-04, adding provisions to allow for the use of temporary ambient air balloons for advertising purposes; WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; WHEREAS, the City has identified a need to amend Ordinance No. 91-26; WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, a public hearing was held on November 3, 1997, at which time interested persons had an opportunity to testify either in support or in opposition. NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF TEMF_CULA DOES ~BY RECOMMF~ND THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFO~, AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5, PERTAINING TO ADVERTISING REGULATIONS FOR THE USE OF TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLSON AS EXHIBIT A. R:~STAFFRPTL319PA97.PCI 10/20/97 mf 5 PASSED, APPROVED AND ADOPTED this 3rd day of November, 1997. Linda Fahey, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 3rd day of November, 1997 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRPT~319PA97.PCI 10/20/97 mf 6 ORDINANCE NO. 97- R:\$TAFFRPT~319PA97.PC1 10/20/97 n~f 7 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5 PERTAINING TO ADVERTISING RF~ULATIONS FOR THE USE OF TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMH~AR INFLATABLES THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. EialJiaga. findings: That the Temecula City Council hereby makes the following A. The City has adopted by reference portions of the non-codified Riverside County Ordinance including Ordinance No. 348. B. Ordinance No. 91-26 amended Ordinance No. 90-04 by adding provisions to allow for the use of temporary ambient air balloons for advertising purposes. C. It is necessary to Amend Ordinance No. 90-04, Section 19.8, Subsection C.4 and C.5, pertaining to Advertising Regulations for the Use of Temporary Ambient Air Balloons and Other Similar Inflatables. Section2. Ordinance Amendment. City Ordinance No. 90-04 adopted by reference certain portions of Non-Codified Riverside County Ordinances, including Ordinance No. 348. Riverside County Ordinance No. 348, Section 19.8, Subsections C.4 and C.5, are hereby amended to read: "5. Ambient Air Balloons shall be permitted to be displayed for a period not to exceed a total of fifteen (15) consecutive calendar days in any ninety (90) calendar day period. The ninety (90) calendar day period shall commence upon issuance of the required permit. In addition to the maximum allowable fifteen (15) consecutive calendar day period herein a thirty (30) consecutive calendar day permit may be issued by the City for the month during which the Temecula Annual Balloon and Wine Festival is held, if such event is held." The number of Ambient Air Balloons proposed to be used shall be limited to no more than one (1) on any one site during any allowed time period as set forth in subparagraph C.4. A maximum of three (3) businesses may be identified on the Ambient Air Balloon, with individual tenants allowed a maximum of one advertisement per Ambient Air Balloon. Spacing shall be a minimum of three R:\STAFFRPTL319PA97.PC1 10/20/97 mf 8 hundred fifty feet (350') between the ambient air balloons. In lieu of the maximum allowable one (1) Ambient Air Balloon on any one site and the minimum three hundred fifty foot (350') spacing between balloons herein, the provisions of subparagraph C.5. may be waived by the City for the month during which the Temecula Annual Balloon and Wine Festival is held, if such event is held." Section 3. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 5. PASSED, APPROVED, AND ADOPTED this 199__. day of , Patricia Birdsall, Mayor R:\STAFFRPT~19PA97.PC1 10/20/97 mf 9 ATrEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 9 - was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of - , 199m, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the ~ day of , by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, City Clerk R:\STAFFRPT\319PA97.PC1 10/20/97 mf 10 ATTACHMENT NO. 2 ORDINANCE NO. 91-26 R:\STAFFRPTL319PA97.PC1 10/20/97 mf 11 ORDINANCE NO. 91-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AM1OH)ING PORTIONS OF ORDINANCE NO. 90-04 PERTAIN~G TO ADVERTISING REGULATIONS AND F.,STABLIgHING RF~ULATIONS FOR THE USE OF AMBIENT AIR B~NS AND OTHER SIMILAR INFLATABLR THE ~ COUNCIL OF THE CITY OF TEMECULA DOES HE/EBY ORDAIN AS FOLLOWS: SECTION 1. F. iaflill~. That the Temecula City Council hereby makes the following findings: _. Pursuant m Government Code Section 65360, a newly incorporated city shall adopt a gmeral plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: a. The city is proceeding in a timely fashion with the preparation of the general b. The planning agency finds, in approving projects and taking other actions, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County Gcnccal Plan, as amended by the Southwest Area Community Plan, (herdharlot 'SWAP") was adopted prior to the incorporation of Tcmccula as thc General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the 91- 26 -1- City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consisteat with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: a. The city is proceeding in a timely fashion with the preparation of the general b. The City Council finds, in adopting land use regulations pursuant to this title, each of the following: (1) There is reasonable probability that Ordinance No. 91-26 will be consistent with the general plan ~ being considered or studied or which will be studied with a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. S~ON 2. City Ordinance No. 90-04 adopted by reference certain portions of the Non- Codified Riverside County Ordinances, including Ordinance No. 348. Article XIX of the Ordinance No. 348 is hereby amended to read as follows: "SEC~ON 19.8. TEMPORARY AMBIENT AIR BALLOONS. a. For the purpose of this Section, a temporary ambient air balloon shall mean a sign, not oth~ permitted by Article XlX, which is a temporary structure supported by forced cold air (non-helium), constmaed of fabric materials, and affixed to the ground or roof top using steel cable anchoring systems. Such signs may be illuminated at night using electrical lighting systems. All such signs under this Section using electrical lighting systems shall be installed in conforman~ with the provisions of Riverside County Ordinance No. 655, adopted by reference by the City of Temecula, and all other applicable provisions of the Tcmecula Municipal Code regulating the installation of such electrical lighting systems. b. For the purpose of this Section, a siU~ shaU be defined as the following: O~ 91-26 -2- 1. One or mor~ contiguous parcels of land identified by the Assessor's records wherein an individual building or an integrated building development has been approved. 2. A building wherein two or more separate independently owned or operated commercial, office or industrial businesses are contained. c. Notwithstanding any other provisions of this Section, temporary ambient air balloons and othex sitnilar inflatable are Inmnitted only in commea'cial and industrial zones subject to the following limitations: I. The maximum allowable size of any such sign shall be limited to no more than 1500 square feet, as measured at the cross section of the balloon used. 2. All such signs shall be ground mounted or roof mounted. The allowable height shall not exceed thirty (30) feet, as measured from the point of anchor to the highest portion of the balloon. 3. All such signs shall not be free-floating (tethered) nor constructed in a shape different from the "hot-air balloon shape" typically depicted in the City of Temecula's Annual Balloon and Wine Festival. For example, such balloons in the shape of blimps or ~n characters shall not be permitted. 4. All such signs shall be permitted to be displayed for a period not to exceed a total of fifteen (15) calendar days within any ninety (90) calendar day period. In lieu of the maximum allowable fifteen (15) calendar day period herein, a thirty (30) calendar say permit may be issued by the City during the month of the Temecula Annual Balloon and Wine Festival, if such event is held. 5. The number of signs proposed to be used shall be limited to no more than three (3) on any one site during any allowed time period as set forth in subparagraph c. 4. Spacing shall be a minimum of five hundred (350') feet between the ambient air balloons., In lieu of the maximum allowable three (3) signs on any one site and minimum three hundred fifty (350') foot spacing between balloons herein, the provisions of subparagraph c. 5. may be waived by the City during the month of the Temecula Annual Balloon and Wine Festival, if such event is held. 6. No such sign shall be erected, placed or maintained unless first approved by both the City Building Director and the City Planning Director. Approval shall be obtained by the submitlal of an application and payment of required fees (to be established by Resolution). The application shall be a accompanied with drawing, u 'ttlizing the Site Plan, specifying the location of lh~ sign to be approved with the specified dates of the proposed set-up and take down of the sign(s). 91- 26 7. All such signs shall be removed no later than the last day permitted in the approved application. 8. No temporary ambient air balloon or similar inflatable shall be erected, placed or maintained so that it does any of the following: a. Mars, defaces, disfigures or damages any public building, structure or other property; and b. Endangers the safety of person or property. 9. Any temporary ambient air balloon erected, placed or maintained in violation of any provision of this Section may be removed by the City five (5) days after notice of the violation given to the owner, lessee or person in lawful po~on ofthe property. Any temporary ambient air balloon which constitutes an immediate danger to the safety or person or property or which has not been removed within ten (10) days as provided in subsection c. 7., may be removed by the City summarily and without notice. The City may bring as an action to recover the reasonable costs of sign removal under this subsection.' SECTION 3. Environmental Com?iance. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061Co) (3). S~ON 4. F.,g~dalRif~. Not withstanding the provisions of this Ordinance, should any party believe that they would suffer a hardship if not permi~ to install an ambient air balloon, they may apply to the Planning Director for an exemption to this Ordinance. Such application for an exemption shall be reviewed by the Planning Commission for a recommendation to the City Council. Such exemption may be granted by the City Council only after due notice and public hearing hereon. SEG~ON 5. ~al~il~. 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 scatonce, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. S~ON 6. Effective Dam. This Ordinance shall be in full force and effect thirty (30) days after its passage. Thc City Clcrk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Ord, 91- 26 -4- PASSED, APPROVED AND ADOFrED, this 23rd day of July, 1991. ATTEST: [SEAL] Ronald I. Parks, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMF_~ULA ) I, lune S. Greek, City Clerk of the City of Temecula, doe hereby certify that the foregoing Ordinance No. 91-26 was duly ini~oduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of May, 1991, and that thereafter, said Ordinance was duly adopted and passed at a reg-{zr m__eoi_ng of the City Council on the 23rd day of July, 1991, by the following vote, to wit: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 1 COUNCILMF_MBERS: Moore ABSENT: 0 COUNCILMEMBF~S: None 91-26 -5- June S. Greek, City Clerk ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES NOVEMBER 3, 1997 R:\STAFFRPT~319PA97.CC1 11124197 klb ~ public safety - boats/RVs impeding the sidewalks, creating a safety concern for the children as well as to those individuals backing out of their driveways increased public street parking because the boats/RVS are parked in the driveways undesirable view from the neighboring residents who do not park boats/R¥s in their driveways It was noted by the concerned residents that a higher penalty should be imposed on those individuals not abiding by the Ordinance and that the enforcement of such an Ordinance should be the responsibility of the City rather than individual Homeowners Associations. There being no additional input at this time, the public hearing was left open and the following motion was offered: MOTION: Commissioner Miller moved to continue Planning Application PA97-0349 to the December 1, 1997, Planning Commission meeting. The motion was seconded by Commissioner Slaven and voice vote reflected unanimous approval. Prior to the December 1, 1997, Planning Commission meeting, Commissioner Guerriero requested that staff obtain additional input from the Police Department with regard to the enforcement of such an Ordinance. 4. PLANNING APPLICATION NO. PA97-0319 Amendment to Ordinance No. 81-26 pertaining to advertising regulations and establishing regulations for the use of ambient air balloons and other similar inflatables. RECOMMENDATION It was recommended by staff that the Planning Commission approve the request. Because of his involvement with the Temecula Art, Balloon, and Wine Festival Association, Commissioner Guerriero abstained with regard to this issue. Senior Planner Hogan reviewed the staff report (of record), noting that the proposed amendments would clarify the display period, number of allowable signs, and Planning Commission November 3, 1997 required spacing between the ambient air balloons. At this time, Chairwoman Fahey opened the public hearing. There was no input from the public. MOTION: Commissioner Miller moved to close the public hearing and to adopt Resolution No. 97-__ recommending that the City Council adopt an Ordinance amending Ordinance No. 91-26, Section 19.8, Subsection C.4 and C.5, pertaining to advertising regulations for the use of temporary ambient air balloons based upon the analysis and findings contained in the staff report. The motion was seconded by Commissioner Slaven and voice vote reflected unanimous approval with the exception of Commissioner Guerriero who abstained. 5. PLANNING APPLICATION NO. 97-0300 Tentative Parcel Map and Environmental Initial Assessment to allow the subdivision of 21.79 acres into 68 residential lots ranging from 6,414 square feet to 29,000 square feet. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request as conditioned. Advising that she lives in Meadow View, which borders the common area of discussion, Chairwoman Fahey noted that she would be abstaining with regard to this issue and, therefore, departed the meeting. Because his client is the owner of the property of discussion, Commission Miller also noted that he would be abstaining with regard to this issue and removed himself from the dais. Acting Chairwoman Slaven presided over the meeting. Assistant Planner Anders reviewed the staff report (as per written material of record). Mr. Don Lohr, representing the applicant, requested that Condition No. 4 (the developer shall form a Homeowners' Association to maintain all slopes that are visible from Margarita Road, N. General Kearny Road, and Solana Way, and all downward slopes that are not easily visible to property owners) be clarified to define the Planning Commission November 3, 1997 ITEM 18 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ,,~ CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: City Manager DATE: SUBJECT: December 9, 1997 Murrieta Creek Update - El Nino Presentation The purpose of this agenda item is to allow the Riverside County Emergency Management Coordinator, Mr. Mark Bassett, to present to the Council the background and update information concerning the El Nino condition in the Pacific Ocean. This item is a rescheduled presentation from the October 7, 1997 City Council Meeting. ITEM 19 APPROVAL ~ CITY ATTORNEY . FINANCE DIRECTOR CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Howard Windsor, Fire Marshall December 9, 1997 Amend Section 15.16.010 and add Section Temecula Municipal Code. 15.16.020 P. of the RECOMMENDATION: That the City Council Adopt an Ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.16.010 OF THE TEMECULA MUNICIPAL CODE RELATING TO REFERENCES TO THE UNIFORM FIRE CODE AND ADDING SECTION 15.16.020. P. TO THE TEMECULA MUNICIPAL CODE AMENDING THE UNIFORM FIRE CODE TO ALLOW CRIMINAL VIOLATIONS OF THE UNIFORM FIRE CODE AND AMENDMENTS THERETO TO BE CHARGED AS MISDEMEANORS OR INFRACTIONS. BACKGROUND: On December 19, 1995, the City Council adopted Ordinance 95-15 amending Chapter 15.16 of the Temecula Municipal Code by adopting by reference the Uniform Fire Code, 1994 edition, the Uniform Fire Code Standards, 1994 edition. Currently, a violation of the Uniform Fire Code can only be enforced as a misdemeanor. DISCUSSION: The request for amendment is being made to allow for more flexibility when citations are issued for violation(s) of the Uniform Fire Code. The filing of a misdemeanor is a formal process, which allows the violator the right to a jury trial. This process can become lengthy for all parties involved. Handling these cases as infractions will help to streamline the process as all infraction cases are cited into Code Enforcement Court and heard before a commissioner. The primary objective of this kind of enforcement is to gain compliance in a timely manner and to ensure that the violation is abated. Maintaining the option of citing as a misdemeanor will provide a next level approach when dealing with a serious violation, and/or a habitual violator FISCAL IMPACT: None ORDINANCE NO. AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF TEMECULA AMENDING SECTION 1~.16.010 OF TItE TEMECULA MIJNICIP~ CODE RELATING TO REFERENCES TO TIIE UNIFORM FIRE CODE AND ADDING SECTION 15.16.020 P. TO THE TEMECULA MUNICIPAL CODE AMENDING THE UNIFORM FIRE CODE TO ALLOW CRIMINAL VIOLATIONS OF THE UNIFORM FIRE CODE AND AMENDMENTS TIIERETO TO BE CI-IARGED AS MISDEMEANORS OR INFRACTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15.16.010 of the Temecula Municipal Code is hereby amended to add subsection B. and to mad in full as follows: "15.16.010 Adoption by Reference A. The following are adopted by reference, as amended by Article II of this Chapter, as the fire code of the City, one copy of which is on file in the Office of the City Clerk: . Uniform Fire Code, 1994 edition with appendices and California State amendmeres; 2. Uniform Fire Code Standards, 1994 edition. B. A reference or citation to "Chapter 15.16," "Section 15.16.010," or the "Uniform Fire Code" shall mean the Uniform Fire Code and Uniform Fire Code Standards as adopted by Section 15.16.010 of the Temecula Municipal Code and as amended by Section 15.16.020 or the Temecula Municipal Code. Section 2. Subdivision P. of Section 15.16.020 is hereby added to the Temecula Municipal Code to read as follows: "15.16.020 Amendments The following amendments, additions and deletions are made to the Uniform Fire Code, 1994 Edition, as adopted by this Chapter: "P. Section 103.5 is hereby added to the Uniform Fire Code to read as follows: "103.5. Penalties. Any person who violates any of the provisions of the Uniform Fire Code as adopted and amended by Chapter 15.16 of the Temecula Municipal Code or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the designated appeals board or by a court of competent jurisdiction, within the required time, shall be severally for each and every such violation and non-compliance, respectively, guilty of a misdemeanor or infraction as charged by the Fire Chief, City Attorney or his or her duly authorized representative for enforcing the Uniform Fire Code. The citation or complaint charging a person with a violation of the Uniform Fire Code shall indicate whether the violation shall be charged as a misdemeanor or infraction." ,t Section 3. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this~ day of ,1998. ATTEST: MAYOR JUNE S. GREEK CITY CLERK STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, JUNE S. GREEK, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the ~ day of ,1998. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the~ day of , 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: JUNE S. GREEK CITY CLERK APPROVED AS TO FORM: PETER M. THORSON CITY ATTORNEY ITEM 20 APPROV~,~ ~'"- CITY ATTORNEY ~' Fw'v DIRECTOR OF FINANiSE ~ CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager Gary Thornhill, Community Development Director DATE: December 9, 1997 SUBJECT: Recreational Vehicle (RV) Storage in Residential Areas Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: Receive and File BACKGROUND At the October 28, 1997 City Council meeting, staff was directed to research options regarding the storage of recreational vehicle (RV) storage in residential areas. Staff is still researching this issue and will forward the results of this research, including an evaluation of alternatives upon completion. R:\$TAFPRPT\RV-RES.CC1 11/24/97 mf 1 ITEM 21 A PPROV~Z~)~, cn-¥ FINANCE OFFICER ' CITY MANAGER _..~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director December 9, 1997 Status Update of the Study of the Potential Annexation of the Redhawk/Vail Ranch Area Prepared by: John De Gange, Project Planner RECOMMENDATION: That the City Council receive and file this report. BACKGROUND: During the June 10, 1997, City Council Meeting, Council received a petition from a number of Redhawk residents requesting that the City consider the annexation of the Redhawk community. After considerable discussion, Council directed staff to conduct a comprehensive study (including fiscal impact analysis) to evaluate the feasibility and identify the fiscal impacts of annexation. On October 7, 1997 staff provided information to the Council regarding the annexation survey conducted in the Redhawk and Vail Ranch communities. The results of this survey showed that a majority of property owners in both communities are in favor of annexation. At this meeting, the fiscal analysis section of the study was delayed until completion of the park and slope maintenance portion. Staff estimated that the fiscal. analysis would be completed by December, at which time the entire study would be presented. In order to complete the final analysis of the fiscal impacts associated with the annexation of the Redhawk/Vail Ranch area, the ultimate cost of landscape maintenance in the form of assessments to residents within the proposed annexation area must be determined. Due to circumstances beyond the City's control, critical information from the County relative to park and slope assessments is still unavailable to complete this final analysis. However, County Service Area (CSA) 143 has recently contracted with MuniFinancial ("Muni") to provide. assessment engineering services for the purpose of evaluating and making recommendations with respect to the current methodology used in the allocation of landscape service costs to the Redhawk and Vail Ranch developments. Initially, CSA 143 staff had indicated a desire to adopt a methodology that more closely mirrors the procedures used by surrounding cities, including Temecula. Because the City of Temecula has an interest in the completion of this study by Muni, the City has agreed to pay half of the $17,476 total cost for the consultant services (98,738). By doing so, the City will receive a copy of the draft report for staff review by the end of January. At that time, staff will better be able to evaluate the comprehensive fiscal impacts of annexation, including landscaping services for parks and slopes. R:\STAFFRPT~annxstat.cc 12/1/97 jid 1 Staff anticipates being able to present the results of both the MuniFinancial study and the completed fiscal impact analysis for the proposed annexation at some time in late February or- early March, 1998. At that time the City Council will be able to have the necessary information in order to instruct staff on how to proceed with respect to this annexation. FISCAL IMPACT: Funding in the amount of ~8,738 have been approved by the City Manager for the MuniFinancial Study. R:\STAFFRPT\annxstat.cc 12/1/97 jid 2 ITEM 22 APPROVAL CITY ATTORNEY FINANCE O F F I C E R'__'_'_'_'_'_'_'_'_'~~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald Bradley, City Manager December 9, 1997 Computer Purchase Loan Program PREPARED BY: June Greek, Director of Support Services/City Clerk Aaron Adams, Management Analyst RECOMMENDATION: That the City Council designate $100,000 in the General Fund for an employee computer purchase loan program. BACKGROUND: With the continual advancements in technology, the need for employee proficiency in various software programs has become more of a necessity than a luxury. A computer purchase loan program can improve organizational productivity by encouraging regular, full and part-time employees, who have passed their probationary period, to purchase and use home computers by providing them with the financial means to do so. Computer purchase programs for employees have become widely popular in California cities for both the organizations and employees. In striking a reasonable balance between the benefits to the City and the employee, our proposed loan program places the primary financial obligation for the purchase price of the computer hardware and software on the employee, with financial assistance from the City in the form of a no interest loan repaid through automatic payroll deductions. While the City is committed to an ongoing program of formal training, the reality is that skill development will be much faster, and will occur in greater depth, if employees have home computers which are equipped with the same software used by the City. This allows employees to voluntarily use these applications more frequently, explore software features in greater detail, and to do so at their own leisure and pace in a comfortable environment. By providing an incentive for employees to have a computer at home with applications similar to those at work, the City will benefit significantly in making more effective use of information technology resources. P:adamsa\COMPUTER.WPD LOAN PROCESS Eligibility. To take advantage of this computer purchase program, employees must elect to purchase an IBM PC compatible computer (rather than a Macintosh) in order to qualify for reimbursement. Support Service staff will make compatible city software packages available to employees. This will allow participants in the program the opportunity to familiarize themselves at home with the software currently being utilized during business hours. Maximum loan amount. The City will loan permanent, full-time/part-time employees, who have passed their probationary period, up to ~3,000 for the purchase of computer hardware and software. The loan does not have to be funded all at once but can be made in increments within 60 days of loan approval, provided the aggregate amount loaned does not exceed $3,000, and no more than three separate disbursements occur within a 2-month period. Loan repayment. Repayment will be made through equal bi-weekly payroll deductions over a maximum period of 36 months. Repayment in full will be accepted at any time without penalty to the employee. Termination of employment. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to payoff the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Loan receipt, Staff is recommending providing employees with two choices in receiving loan funds under this program: Reimbursement of costs. Employees may directly purchase items and submit requests for reimbursement. Under this approach, all expenditures must be made within a 90 day period of time, and submitted in one consolidated request for payment. While not a requirement of this program, employees are encouraged to review their proposed purchase with Information Systems to ensure that they will be eligible for reimbursement. Information Systems must, however, review all invoices to check for compatibility and must approve the loan request before reimbursement can be made to the employee. No funds will be advanced to employees for the purchase of loan items, however payments can be made directly to vendors as follows. Direct payment to vendor. Employees may locate the equipment and software they wish to purchase and obtain a detailed invoice from the vendor, including sales tax. Upon review and approval of the invoice(s), and related loan request by the Director of Support Services and City Manager (or designee), a check can be processed through normal channels made payable directly to the vendor. The check can be given to the employee for delivery directly to the vendor, at which time the hardware and software can be obtained. FISCAL IMPACT: There will be minimal fiscal impact due to the annual loss of approximately ~5,400 in investment income to the City on the funds utilized for the loan program. However, this loss should be offset by the improved employee productivity realized as a result of the loan program. Attachments- Employee Computer Purchase Program Loan Request Form Survey of cities with employee computer loan programs Administrative Guideline P:adamsa\COMPUTER.WPD CITY OF TEMECULA Administrative Guideline Date: December 9, 1997 Dept.: City Manager Employee Computer Purchase Program PURPOSE: To establish a procedure for employees to participate in the Computer Purchase and Loan Repayment Program. Program allows employees to borrow, at no interest, up to $3,000 to purchase a personal computer with a loan repayment up to 36-months. PROCEDURE: A. Eligibility -Be regular, full-time/part-time employees -Have passed the one year probationary period B. Loan Process Eligible employee completes a computer purchase program loan request form in addition to a promissory note for the amount of the loan. Forms can be picked up in the Finance Department or the City Manager's Office. Employee completes and signs designated request and promissory note forms and returns to City Manager's Department. City Manager's Department will review and route the completed forms for necessary signatures authorizing computer purchase. Upon receiving necessary signatures, forms will be submitted to the Finance Department for processing payment to employee. If paperwork is submitted to the Finance Department by noon on Monday of a full-working week, a check will be made available to employee by Friday of the same week. Original records will be kept in the City Manager's Office and a copy of loan paperwork will be enclosed in the employees personnel records. To take advantage of this computer purchase program, employees must elect to purchase an IBM PC compatible computer (rather than a Macintosh) in order to qualify for reimbursement. Support Service staff will make compatible city software packages available to employees. This will allow participants in the program the opportunity to familiarize themselves at home with the software currently being utilized during business hours. MaTdmtlm loan amount. The City will loan permanent, full-time employees who have passed their probationary period, up to $3,000 for the purchase of computer and software. The loan does not have to be funded all at once but can be made in increments within 60 days of loan approval, provided the aggregate amount loaned does not exceed $3,000, and no more than three separate disbursements occur within a 2-month period. Loans can be received bv one of the foliowine methods: Reimbursement of costs. Employees may directly purchase items and submit requests for reimbursement. Under this approach, all expenditures must be made within a 90 day period of time, and submitted in one consolidated request for payment. While not a requirement of this program, employees are encouraged to review their proposed purchase with Information Systems to ensure that they will be eligible for reimbursement. Information Systems must, however, review all invoices to check for compatibility and must approve the loan request before reimbursement can be made to the employee. No funds will be advanced to employees for the purchase of loan items. However, payments can be made directly to vendors as follows. Direct payment to vendor. Employees may locate the equipment and software they wish to purchase and obtain a detailed invoice from the vendor, including sales tax. Upon review and approval of the invoice(s), and related loan request by the Director of Support Services and City Manager (or designee), a check can be processed through normal channels made payable directly to the vendor. The check can be given to the employee for delivery directly to the vendor, at which time the hardware and software can be obtained. C. Loan repayment. Repayment will be made through equal bi-weekly payroll deductions over a maximum period of 36 months. Repayment in full will be accepted at any time without penalty to the employee. Loan repayment shall commence within 2-4 weeks of receiving disbursement. D. Termination of employment. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to payoff the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. p :~adamsa\¢mptr.wpd City of Temecula EMPLOYEE COMPUTER PURCHASE PROGRAM LOAN REQUEST THIS SECTION TO BE COMPLETED BY THE EMPLOYEE 1. Employee Name Employee No. Job/Classification Title Department . I hereby request a loan under the Employee Computer Purchase Program in the amount noted in item 2.b, below. a. The total price of eligible computing equipment to be purchased, including applicable sales tax (attached a detail list of equipment including price by item where available). b. Amount to be loaned by the City of Temecula and repaid through payroll deduction and secured by a promissory note (enter the lesser of the amount on line 2.a and $3,000.00). Employee's Signature Date THIS SECTION TO BE COMPLETED BY SUPPORT SERVICES 3. [] Approved: Proposed equipment purchase meets program equipment standards. [] Disapproved Comments: Director of Support Services Date City Manager (or designee) Date City of Temecula PROMISSORY NOTE FOR EMPLOYEE COMPUTER PURCHASE LOAN No. Temecula, California Date: For value received, I, City of Temecula the sum of Dollars $ as follows: , promise to pay to the order of the in installments through equal successive payroll deductions $ per pay periods beginning on until paid in full except the final installment that shall be the balance due on this note. Termination of employment. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to payoff' the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. The undersigned shall pay all reasonable attorneys' fees incurred by holder in enforcing any right or remedy under this note. Employee Signature Summary of Survey Results EMPLOYEE COMPUTER ASSISTANCE PROGRAMS 450 California cities wcrc surveyed, by San Luis Obisbo, asking them about programs that they may have to financially assist employees in having a computer at home. As of November 18, 1996, 218 responses were received. Of these, 88 have some kind of assistance program. The most common approach (83% of the affirmative responses) is some type of direct loan program. Of the 73 cities with loan programs: 59% have loan maximums of $3,000 or more. 82% offer no interest loans. 84% offer loan repayment periods of 24 months or more; of these, 44% offer 30 months or longer. The most frequently cited reason for their program is improved training and productivity About the Cities with Loan Programs Cities with loan programs are located throughout the State, and range in population from 82 (Vernon) to 244,000 (Riverside); 63% of the cities are under 50,000 in population. Population I Total I Percent Less than 10,000 11 15% 10,000 to 24,999 14 19% 25,000 to 49,999 21 29% 50,000 to 100,000 18 25% More than 100,000 9 12% Total I 73I 100% Summary of Loan Program Features Maximum Loan Amount Maximum Loan Amount I Number I Percent $4,000 or more 14 19% $3,500 to $3,999 8 11% $3,000 to $3,499 22 29% $2,500 to $2,999 14 19% Less than $2,500 15 21% Total I 73I 99% Interest Rate Number Percent No interest 60 82% Low interest q~encrally b~twoen 5% to 6%~) 13 18% Total 73 100% Maximum Repayment T~rm 36 Months or mor~ 25 to 35 months 2zl months Less than 24 months Total Numar 24 3 34 12 73 Percent 33% 4% 47% 16% 100% C'st/~ wit& Emp/oy~e Conjurer Loan/¥ograms City Population as of 1/1/94 [ Maximum Loan Amount IMaximum Rt~aymcnt Term (Mos) IInterest Rate V~mon Indian Wells Rio Vista Sonora Winters Gonzales Waterford Saulsilito Ripon Crescent City Healdsburg Sierra Madre Larkspur Commerce Marysviile Grand Terrace Mill Valley La Palma Duarte Loma Linda So El Monte South Lake Tahoe Banning San Sacinto Moorpark San Carlos Eureka Walnut Murietta La Vane Stanton Manhatton Beach Chremont ¥uba San Dimas Cathedral City San Ramon Tracy Bcll Gardcns San Clcmcntc Poway Tudock Novato Hcmct Lodi Gardena Roseville La Me~a Victorville AppI~ Valley Hesperia Chino Upland Monrovia Baldwin Park Antioch Rialto 82 3,096 3,693 4,399 4,982 5,794 6,264 7,433 8,578 8,805 9,799 10,947 11,976 12,423 12,793 13,352 13,582 15,682 15,997 21,279 21,286 21,44o 23,048 23,830 23,976 21,170 27,545 28,264 30,862 31,412 31,498 32,229 33,077 33,178 33,595 33,9O9 34,493 39,595 42,082 42,924 43,771 44,236 45,049 46,468 48,113 49,072 52,755 53,903 53,918 56,036 56,569 57,217 58,572 59,745 62,850 67,453 67,545 72,029 72,267 79,953 nonc 2,800 riolie 2,000 2,500 2,500 4,000 3,017 1,500 3,000 2,500 1,500 2,500 2,000 3,000 2,000 noB¢ 3,000 none 3,000 IIon¢ 3,000 3,000 3,500 1,000 3,000 HOB© 3,000 2,500 2,000 2,500 2,500 2,000 net paycheck 3,000 1,870 5,000 none 3,000 3,500 2,500 2,000 !loBe 3,500 2,500 2,000 2,500 2,500 2,400 2,500 3,000 3,500 2,000 3,000 1,500 4,000 24 36 36 24 24 12 24 25 36 48 24 24 36 24 30 24 35 24 12 24 36 36 12 24 24 36 36 12 36 12 24 24 19 24 24 24 18 36 24 36 36 36 2O 36 36 36 23 24 36 18 36 18 12 0.0% 0.0 0.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 0.0 0.0 0.0 0.0 0.0 6.0 0.0 5.5 0.0 0.0 5.0 5.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 5.5 0.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 5.6 0.0 6.0 0.0 5.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Vernon Indian Wells Rio Vista Sonora Winters Oonzal¢s Waterford Saulsilito Ripon Cresoent City Hcaldsburg Sierra Madre Larkspur Commerce Marysville Grand Terrace Mill Valley La Palma Arcata Duartc Loma Linda So El Monte South Lake Tahoe Banning San Sacinto Moorpark San Carlos Eureka Walnut Murietta La Vcme Stanton Manhatton Beach Claremont Yuba San Dimas Cathedral City San Ramon Tracy Azusa Bell Gardens San Clcmcntc Poway Turlock Novato Hcmct Lodi Oardcna Roscvillc La Mesa Victorville Apple Van~y Hcsperia Chino Upland Monrovia Baldwin Park Antioch Rialto 82 3,o96 3,693 4,399 4,982 5,794 6,264 7,433 8,578 8,805 9,799 10,947 11,976 12,423 12,793 13352 13,582 15,682 15,997 21,279 21,286 21,440 23,048 23,830 23,976 21,170 27,545 28,264 30,862 31,412 31,498 32,229 33,077 33,178 33,595 33,909 34,493 39,595 42,082 42,924 43,771 44,236 45,049 46,468 48,113 49,072 52,755 53,903 53,918 56,036 86,569 57,217 58,572 59,745 62,850 67,453 67,545 72,029 72,267 79,953 none 2,800 nonc 2,000 2,500 2,500 4,000 3,017 1,500 3,000 2,500 1,500 2,500 2,000 3,000 2,000 none 3,000 none 3,000 none nolle 3,000 3,000 3,500 1,000 3,000 none 3,000 2,500 2,000 2,500 2,500 2,000 net paycheck 3,000 1,870 5,000 non© 3,000 3,500 2,500 2,000 none 3,500 2,500 2,000 2,500 :2,500 2,400 2,500 3,000 3,500 2,000 3,000 1,500 none 4,000 24 36 36 24 24 12 24 25 36 48 24 24 36 24 30 24 35 24 12 24 36 36 12 24 24 36 36 12 36 12 24 24 19 24 24 18 36 24 24 36 36 36 24 20 36 24 36 36 24 23 24 24 36 18 36 18 12 0.0% 0.0 0.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 0.0 0.0 0.0 0.0 0.0 6.0 0.0 5.5 0.0 0.0 5.0 5.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 5.5 0.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 5.6 0.0 6.0 0.0 5.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Summary of Survey Results EMPLOYEE COMPUTER ASSISTANCE PROGRAMS Other Assistance Programs City and Population Moorpark 27,170 City Manager. Colton 45,100 heads. West Sacramento 42,810 Mountian View 71,026 program. Covina 44,469 towards computer Santa Clarita 147,228 Camarillo 56,497 Fairfield 86,514 Palos Vcrdcs Estates 13,661 Chula Vista 149,347 through City. Petaluma 47,066 San Bruno 40,405 Solano Beach 13,434 West Covina 99,824 Woodland 42,474 Yountvflle 3,506 Program Laptops provided to all Dept Heads, Asst to the City Manager and Deputy Laptops with docking stations for office use are provided to all department Direct reimbursement of up to $1,200 from career enhancement program. Direct reimbursement of up to Sl,000 from professional development Management staff may sell back up to 200 hours of sick leave accruals purchase or training (sick leave is currently paid -off at 50% of value). Lower than market rate bank loans funded through payroll deduction. Loan from employee's own deferred compensation (457 and 401 a) plans. Employees may purchase through City', 'old" pe's "loaned" to employees. Employees may purchase surplus computers. Special terms on loan through City credit union; employees may purchase Employees may purchase through City. Employees may purchase through City. Employees may purchase through City. Employees may purchase through City. Employees may purchase surplus computers. Employees may purchase surplus computers.