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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
DECEMBER 14, 1999- 7:00 P.M.
5:30 P.M. - Closed Session of the City Council and the Redevelopment Agency, in the
Main Conference Room, pursuant to Government Code Section:
t. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to on matter of existing litigation involving the
City and/or the Agency. The following case/claim will be discussed: (a) City of
Temecula v. Advanced Cardiovascular (Guidant).
2. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(b) and (c) with respect to two matters of potential litigation.
With respect to such matters, the City Attorney has determined that a point has been
reached where there is a significant exposure to litigation involving the City based on
existing facts and circumstances and the City will decide whether to initiate litigation.
At approximately 9:45 P.M,, the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting, All meetings are scheduled to end at 10:00 P.M.
CALL TO ORDER:
Prelude Music:
Invocation:
Flag Salute:
ROLL CALL:
Next in Order:
Ordinance: No. 99-32
Resolution: No. 99-114
Eve Craig
Pastor Robert Gonzalez of the House to House Ministry
Councilman Naggar
Comerchero, Naggar, Pratt, Roberts, Stone
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PRESENTATIONS/PROCLAMATIONS
The Golden Web Award
PUBLIC COMMENTS
2
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda. a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" form must be filed with the City Clerk prior to the Council addressing that item.
There is a five (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, then (10) minutes will be devoted to these reports.
CONSENTCALENDAR
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.
Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of November 9, 1999;
2.2 Approve the minutes of November 16, 1999.
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4
5
6
Resolution Approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
Financial Statements for the three months ended September 30, 1999
RECOMMENDATION:
4.1 Receive and file the financial statements for the three months ended September 30,
1999.
Sierra Permit Computer System Conversion
RECOMMENDATION:
5.1 Authorize the expenditure of $66,110 with a 10% contingency to Sierra Computer
system, Inc. to perform database conversion necessary to convert the City's Sierra
Permit Computer System from the DOS Version to the Windows Version and
authorize staff to proceed with this work as soon as possible.
Accept Substitute Agreements and Bonds for public improvements in Tract No. 24183-1
(located north of Campanula Wa,/, east of Meadows Parkway, west of Butterfield Staqe
Road, and south of De Portola Road)
RECOMMENDATION:
6.1 Accept Substitute Subdivision Improvement and Monument Agreements and
securities for Faithful Performance, Labor and Materials, and Monumentation
purposes in Tract No. 24183-1;
6.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision
Monumentation securities on file;
6.3 Direct the City Clerk to so notify the developers and sureties.
Accept Substitute Aqreements and Securities in Tract No. 24185-F (located northwesterly
of the intersection of Butterfield Stage Road at De Portola Road)
RECOMMENDATION:
7.1 Accept the Substitute Subdivision Improvement and Subdivision Monument
Agreements, and Faithful Performance, Labor and Materials, and Subdivision
Monumentation Securities in Tract No. 24185-F;
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7.2 Authorize release of the Faithful Performance, Labor and Materials, and Subdivision
Monumentation Securities on file;
7.3 Direct the City Clerk to so notify the developers and sureties.
Vacation of a portion of Restricted Abutters Riqht-of-Access per Parcel Map No. 19582-2
(located at the northwest corner of Winchester Road and Jefferson Avenue)
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED FIRST AMENDMENT TO DEDICATION OF
ABUTTERS RIGHTS TO CITY OF TEMECULA FOR PARCEL
MAP NO. 19582-2
Parcel Map No. 29470 (located east of MarClarita Road between Winchester Road and
Verdes Lane)
RECOMMENDATION:
9.1 Approve Parcel Map No. 29470 in conformance with the Conditions of Approval;
9.2 Approve Subdivision Monument Agreement and Monument Bond as security for the
agreements.
10
Professional Services Aqreement -Aquilar Consultinq Enqineers Murrieta Creek Bridqe
between Rancho California Road and Winchester Road - Rancho Way Aliclnment Study -
Project No, PW99-14
RECOMMENDATION:
10.1 Approve the agreement with Aguilar Consulting Engineers to provide professional
engineering services by doing a specific alignment study and determination for
Rancho Way from Diaz Road to Margarita Road - Project No. PW99-14 - for an
amount not to exceed $135,364.00 and authorize the Mayor to execute the
agreement;
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of 10% of the contract or $13,537,00.
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11 Approval of Cooperative Aqreement with the Redevelopment Aclenc¥ for Construction and
Fundinq of Old Town Southside Parkinq Lots - Project No. PW98-16
RECOMMENDATION:
11.1 Approve an Agreement entitled Cooperative Agreement between the City of
Temecula and the Redevelopment Agency of the City of Temecula for construction
and funding of Old Town Southside Parking Lots;
11.2 Authorize the Mayor to execute the Agreement on behalf of the City in substantially
the form attached to the Agenda Report.
12 Approval of Cooperative aclreement with the Temecula Redevelopment Aqencv for Puiol
Street Sidewalk Improvements - Project No. PW98-17
RECOMMENDATION:
12.1 Approve an Agreement entitled Cooperative Agreement between the City of
Temecula and the Redevelopment Agency of the City of Temecula for Pujol Street
Sidewalk Improvements;
122 Authorize the Mayor to execute the Agreement on behalf of the City Council in
substantially the form attached to the Agenda Report.
13 Acceptance of Grant Deed for Temeku Hills Park: M-A Temeku Hills Development, LLC
Temecula (located at the southwest corner of La Serena Way and Meadows Parkway}
RECOMMENDATION:
13.1 Accept a grant deed from M-A Temeku Hills Development, LLC Temecula, for the
dedication of Temeku Hills Park, an 11.43-acre park site within the Temeku Hills
Development;
13.2 Authorize the City Clerk to record the grant deed.
14 Contract Inspection Services for Buildinq and Safety
RECOMMENDATION:
14.1
Approve a First Amendment to an Agreement for Consultant Services with P & D
Consultants in an amount not to exceed eighty thousand dollars ($80,000) to
provide supplemental building inspection services to the Building and Safety
Department.
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 99-01
Resolution: No. CSD 99-15
CALL TO ORDER: President Jeff Comerchero
ROLL CALL:
DIRECTORS:
Naggar, Pratt, Roberrs, Stone, Comerchero
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the reco.rd.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 16, 1999.
2 Financial Statements for the three months ended September 30, 1999
RECOMMENDATION:
2.1
Receive and file the financial statements for the three months ended
September 30, 1999.
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DISTRICT BUSINESS
3 Temecula Libran/Desjan Contract
RECOMMENDATION:
3.1 Award a contract of $708,710 plus an additional $30,000 for reimbursabies to
LPA for the schematic design, design development, and construction documents
for the Temecula Library Project.
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next adjourned regular meeting: January 11, 2000, scheduled to follow the City Council Consent
CaLendar, City Council Chambers, 43200 Business Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 99-01
Resolution: No. RDA 99-24
CALL TO ORDER: Chairperson Ron Roberts presiding
ROLL CALL
AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. VVhen you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 16, 1999.
Approval of Cooperative Aclreement with the City for Construction and Fundinq of
Old Town Southside Parkincl Lots - Project No. PW98-16
RECOMMENDATION:
2.1
Approve an Agreement entitled Cooperative Agreement between the City of
of Temecula and the Redevelopment Agency of the City of Temecula for
construction and funding of Old Town Southside Parking Lots;
2.2
Authorize the Chairperson to execute the Agreement on behalf of the Agency
in substantially the form attached to the Agenda Repod;
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2.3 Authorize the budgeted expenditure of $900,000 by the Redevelopment Agency
for the Agency's share of costs to date and project costs incurred as approved by the
City or Agency.
3 Approval of Cooperative Aareement with the Temecula Redevelopment Aqencv
for Puiol Street Sidewalk Improvement - Project No. PW98-17
RECOMMENDATION:
3.1 Approve an Agreement entitled Cooperative Agreement between the City of
of Temecula and the Redevelopmerit Agency of the City of Temecula for
Pujol Street Sidewalk Improvements;
3.2Authorize the Chairperson to execute the Agreement on behalf of the Agency
in substantially the form attached to the Agenda Report;
3.3 Authorize the budgeted expenditure of $105,000 by the Redevelopment Agency
for the Agency's share of costs to date and future project costs incurred as approved
by the City or Agency.
4 Financial Statements for the three months ended September 30, 1999
RECOMMENDATION:
4.1 Receive and file the financial statements for the three months ended
September 30, 1999.
AGENCY BUSINESS
5 Rehabilitation of Old Town Plaza (Circle K) in Old Town
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 99-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN OWNER PARTICIPATION
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA AND OLD TOWN
PLAZA OWNERS DATES AS OF DECEMBER 14, 1999, FOR
THE FA(;ADE IMPROVEMENTS TO THE OLD TOWN PLAZA
WITHIN REDEVELOPMENT PROJECT NO. 1-1988
DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
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ADJOURNMENT
Next adjourned regular meeting: January 11, 2000, at 7:00 P.M., scheduled to follow the
Community Services District Meeting, City Council Chambers, 43200 Business Park Drive,
Temecula, California.
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARINGS
Any person may submit written comments to the City Council before a public
hearing or may appear and be heard in support of or in opposition to the approval
of the project(s) at the time of hearing. If you challenge any of the projects in
court, you may be limited to raising only those issues you or someone else raised
at the public hearing or in written correspondences delivered to the City Clerk at,
or prior to, the public hearing.
15 Rancho Hiqhlands Drive General Plan Amendment (Planninq Application PA99-0451 )
RECOMMENDATION:
15.1 Approve a Negative Declaration for Planning Application PA99-0451;
15.2 Adopt a resolution entitled:
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE
IDENTIFIED AS ASSESSOR'S PARCEL NOS. 944-330-019
(PLANNING APPLICATION NO. PA99-0451)
16
Plannine Application No. PA99-0266 (Minor Conditional Use Permit - Appeal) OIlie House
Indoor Skateboard Park (located within an existinc~ buildincl at 43300 Business Park Drive)
RECOMMENDATION:
16.1 Deny the appeal and uphold the approval by the Planning Commission of Planning
Application No. PA99-0266 (Minor Conditional Use Permit);
16.2 Adopt a resolution entitled:
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DECISION TO APPROVE
PLANNING APPLICATION NO. PA99-0266 (MINOR
CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN
INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE
FOOT PORTION OF A BUILDING WITHIN AN EXISTING
BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK
DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-
055 BASED UPON THE ANALYSIS AND FINDINGS
CONTAINED IN THE STAFF REPORT SUBJECT TO THE
CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE
CITY CLERK
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CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next adjourned regular meeting: January 11, 2000, 7:00 P.M., City Council Chambers, 43200
Business Park Drive, Temecula, California.
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PROCLAMATIONS
AND
PRESENTATIONS
ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
NOVEMBER 9, 1999
Present:
Absent:
PRELUDE MUSIC
The Open Session of the City Council meeting convened at 7:00 P.M.
Councilmembers: Comerchero, Lindemans, Roberts, Stone,
and Ford.
Councilmember: None.
The prelude music was provided by Jennifer Taft.
INVOCATION
The invocation was given by Pastor Tim Buttrey of Temecula Valley Christian Center.
ALLEGIANCE
The salute to the Flag was led by Councilman Roberts.
PRESENTATIONS/PROCLAMATIONS
Women's Club Million Dollar Goal
A Certificate of Achievement was presented to the Women's Club, which was accepted by Ms.
Terry Blanton, President of the Women's Club, who briefly reviewed the organizations 1999
accomplishments.
Introduction of NakaVama Deleclates
Mayor Ford introduced the Nakayama delegates and presented to each a remembrance from the
City of Temecula.
PUBLIC COMMENTS
A. Although the Vail Ranch/Redhawk Annexation did not pass, Mr. Elton Ward. 45322
Callesito Burgos, relayed his dismay with the outcome but expressed appreciation to the City
Council and City staff for the outstanding efforts put forth in order to apprise the residents of
Vail Ranch and Redhawk of the annexation. Mr. Ward thanked those residents that voted in
support of the annexation and extended a special thanks to the members of the Temecula
Annexation Group for their efforts and devotion.
B. Ms. CeCe Axton, 30619, Sierra Madre Drive, representing the Temecula Valley Council
PTA, introduced the Council PTA members in attendance and thanked the City Council for its
support. Referencing the City's generous contributions, Ms. Axton briefly highlighted the
Council PTA's achievements and successes and extended appreciation to City staff for their
continued assistance. On behalf of herself and the Council PTA, Ms. Axton thanked and
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extended appreciation to Mayor Ford and Councilman Lindemans for their invaluable
contributions to the City. At this time, Ms, Axton introduced Ms. Cheryl Eckhardt who, in turn,
presented to the City a Certificate of Appreciation for its continued support.
Councilman Lindemans suggested that the PTA Council explore the possibility of televising its
Board meetings and encouraged the PTA Council to continue discussions with City staff
regarding the installation of prefabricated overcrossings.
Because of her devotion, Ms. Eckhardt informed the City Council that that PTA Council
honored Ms. Axton with the National Continuing Service Award.
C. Mr. Sam Pratt, 40470 Brixton Cove, relayed his support of the PTA as well as the
installation of prefabricated overcrossings. Mr. Pratt expressed his opposition to the Johnson
Ranch Project and encouraged the City Councilmembers to review relative information
submitted.
D. Mr. Chuck Blackedge, 40325 Windsor Road, owner of Balloons Galore, relayed his
concerns with regard to Ordinance No. 98-10 which restricts the usage of balloons particularly
as it pertains to height. Mayor Pro Tern Stone requested that the Council be provided a copy
of this Ordinance and noted that Mr. Blackedge's concerns will be addressed.
CITY COUNCIL REPORTS
A. Councilman Roberts commended Councilman Lindemans on his perseverance with regard
to the Overland Overcrossing and commented on the effectiveness of it.
B. Advising that LAFCO has been contacted to discuss the possibility of solely proceeding with
the annexation of Vail Ranch without the need for another election, Councilman Comerchero
relayed his support of such action, if possible, and requested that the matter be agendized for the
December 7, 1999, City Council meeting,
C. In an effort to promote drive~public awareness, Councilman Comerchero advised that a
group was formed to address this issue and that he will report to the City Council of the group's
findings.
D. Councilman Comerchero advised that the Temecula Valley School District recognized the
City, at a recent football game, for its contribution to the Chaparral High School lighting project.
E. From personal and recent experience, Councilman Lindemans encouraged all to get
periodic health examinations.
F. Echoing Councilman Lindemans' encouragement of periodic health examinations, Mayor
Pro Tem Stone wished Mr. Lindemans a happy and healthy retirement.
G. Commenting on the success of the City's Operation ERASIT Program, Mayor Pro Tem
Stone commended the dedicated Police Officers on a job well done.
H. Mayor Pro Tern Stone as well commended Councilman Lindemans on his perseverance
with the Overland Overcrossing. Although recognizing the frustrations of the residents impacted
by the construction of the Missing Link, Mr. Stone reminded the residents that although the City will
assist with expediting the completion of this improvement, this project as well as the new Pala
Bridge Project are being handled by the County.
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I. Mayor Pro Tem Stone advised of discussions with the City Manager, the Fire Department,
and the County of permitting paramedics to perform the emergency procedure of a tracheotomy on
an adult and/or child and that he will report to the Council of the outcome.
J. Noting that the City had contributed $10,000 to Race for the Cure (Susan G. Komen
organization), Mayor Pro Tem Stone encouraged the public to attend and advised that 75% of local
monies raised will benefit the local arena.
K. Mayor Pro Tern Stone requested that staff provide information with regard to student
participation and potential continued City contributions and participation in the Teen Project
program.
L. To further address the expediency of the paramedic units, Mayor Ford requested that the
use of Global Positioning System be immediately addressed.
M. Reiterating Mayor Pro Tem Stone's earlier comments, Mayor Ford advised that the
improvements at lower 79 South are being handled by the County of Riverside and that the City
will assist the County, where possible, in order to assure expedient completion of the project.
CONSENT CALENDAR
1 Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of October 5, 1999.
Resolution Aoorovin<3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 99-102
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 September 30, 1999
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of September 30, 1999.
2
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5 Liability Insurance Renewal
6
RECOMMENDATION:
5.1
Approve the City of Temecula Liability Insurance Policy Renewal with Insurance
Company of the West in the amount of $81,650 for general liability and automobile
physical damage insurance for the period of December 1, 1999, throu9h December
1, 2000.
Extension of the prohibition on Consumption of Alcoholic Beveraaes to Bridlevale
Homeowner's Association property pursuant to Temecula Municipal Code Section
9.14.030
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 99-'103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA EXTENDING THE PROHIBITION ON
CONSUMPTION OF ALCOHOLIC BEVERAGES TO
BRIDLEVALE HOMEOWNER'S ASSOCIATION PROPERTY
PURSUANT TO TEMECULA MUNICIPAL CODE SECTION
9.14.030
Aareement affectina Real Property at 28820 Sinelie Oak Drive, Temecula, providinq for
Deferral of Development Impact Fee
RECOMMENDATION:
7.1 Approve an agreement with Chemicon International, Inc. that provides for the
deferral of Development Impact Fees over a five-year period.
Release Faithful Performance Warranty and Labor and Materials Securities in Tract No.
23371-1 (located northwesterly of the intersection of Rancho California Road at Meadows
Parkway)
RECOMMENDATION:
8.1 Authorize release of the Faithful Performance Warranty and Labor and Materials
Securities for public improvements for the interior streets in Tract No. 23371-1;
8.2 Direct the City Clerk to so notify the developer and the surety.
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9 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No.
23371-2 (located northwesterlv of the intersection of Meadows Parkwav at Rancho
California Road)
RECOMMENDATION:
9, 1 Authorize release of the Faithful Performance Warranty and Labor and Materials
Securities for public improvements for the interior streets in Tract No. 23371-2;
9.2 Direct the City Clerk to so notify the developer and the surety.
10 Proposed State Sales Tax Shift (SMART Formula)
RECOMMENDATION:
10.1 Approve and support the letter of opposition identifying the City's position to the
proposed fiscal reform plan by the State Controller.
Because of the negative impact this Formula would have on the City, Mayor Ford relayed
the City's opposition.
11 Second Reading of Ordinance No. 99-27
RECOMMENDATION:
11.1 Adopt an ordinance entitled:
ORDINANCE NO. 99-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY
OF TEMECULA AND ELI LILLY AND COMPANY FOR
PROPERTY GENERALLY LOCATED EAST OF YNEZ ROAD,
WEST OF MARGARITA ROAD AND SOUTH OF OVERLAND
DRIVE (PLANNING APPLICATION NO. PA99-0274)
MOTION: Mayor Pro Tem Stone moved to approve Consent Calendar item Nos. 1-11. The
motion was seconded by Councilman Roberts and voice vote reflected unanimous approval.
At 7:52 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. After a short recess, the City Council reconvened at 8:20
P.M., and resumed with regularly scheduled City Council business.
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PUBLIC HEARING
12 Planning Application No. PA99o0285 (Amendment No. 7 to Specific Plan No. 219 - Paloma
del Sol), Planning Application No. PA99-0283 (Development AGreement for the Villaqes at
Paseo del Sol - Community Shopping CenterS, Planning Application No. PA99-0284
(Development Plan - Appeal) and Planning Application No. PA99-0286 (Tentative Parcel
Map No. 29431 -Appeal)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 99-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA FINDING AND DETERMINING THAT NO ADDITIONAL
ANALYSIS IS REQUIRED PURSUANT TO THE REQUIREMENTS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS
AMENDED AND THE GUIDELINES PROMULGATED THEREUNDER
REGARDING PLANNING APPLICATION NOS. PA99-0285
(AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219); PA99-0283
(DEVELOPMENT AGREEMENT FOR THE VILLAGES AT PASEO DEL
SOL, COMMUNITY SHOPPING CENTER); PA99-0284
(DEVELOPMENT PLAN) AND PA99-0286 (TENTATIVE PARCEL MAP
NO. 29431)
12.2 Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 99-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0285
(AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219), WHICH AMENDS
LAND USES WITHIN PLANNING AREAS 1, 6, 8, 27 AND 36; AMENDS
THE ALIGNMENT AND CONFIGURATION OF CAMPANULA WAY
BETWEEN DE PORTOLA AND MEADOWS PARKWAY; AMENDS
THE ALLOCATION OF ACREAGE WITHIN PLANNING AREA I FROM
32.3 ACRES TO 35.0 ACRES; AMENDS THE ALLOCATION OF
ACREAGE WITHIN PLANNING AREA 6 FROM 36.3 ACRES TO 34.3
ACRES; DIVIDES PLANNING AREA 6 INTO PLANNING AREA 6A
(22.3 ACRES, WITH A MAXIMUM OF 268 UNITS) AND PLANNING
AREA 6B (12 ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20
DU/AC, WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN
OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO 508;
AMENDS THE TEXT TO PROVIDE FOR THE DEVELOPMENT OF A
SENIOR COMMUNITY WITHIN PLANNING AREA 8; AND AMENDS
THE DESIGN GUIDELINES TO INCORPORATE THE VILLAGE
VIGNETTES AND SENIOR AMENITIES; BASED UPON THE
ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT
SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE
OFFICE OF THE CITY CLERK
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12,3 Read by title only and introduce an ordinance entitled
ORDINANCE NO. 99-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN DEVELOPMENT
AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL
DEVELOPMENT AGREEMENT, PLANNING AREAS l(a) & l(b)
OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7
12.4 Deny the appeal of Planning Application No. PA99-0284 (Development Plan) and
Planning Application No. PA99-0286 (Tentative Parcel Map No. 29431);
12.5 Uphold the approval by the Planning Commission of Planning Application No. PA99-
0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative
Parcel Map No. 29431);
12.6 Adopt a resolution entitled:
RESOLUTION NO. 99-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL OF PLANNING
APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND
PLANNING APPLICATION NO. PA99-0286 (TENTATIVE
PARCEL MAP NO. 29431), AND UPHOLDING THE APPROVAL
OF THESE PROJECTS BY THE PLANNING COMMISSION,
BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN
THE STAFF REPORT AND SUBJECT TO THE CONDITIONS
OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK
Deputy City Manager Thornhill reviewed and clarified the detailed staff report (as per agenda
materials); referenced staff's opinion that there is not a nexus between the Butterfield Stage
Road Interceptor Channel and the four cases before the City Council this evening; advised that
the Channel was to be constructed and funded through AD No. 159 and that Newland
Communities has no control over the timing of this process; commented on the bonding
capacity of the Assessment District; and noted that due the lateness in receiving Ms. Staples'
fax, he has not had the opportunity to review the information (copies of which were provided to
the Councilmembers). Mr. Thornhill relayed the Corona's concern that this project or any future
project be approved without Newland Communities fulfilling its commitment to install the
interceptor channel. Mr. Thornhill recommended denial of the appeal and approval of the
remaining applications.
City Attorney Thorson pointed out that because Mayor Ford does not own any properties within
2,500' of the subject site, because Mr. Ford's employer does not own any undeveloped property
within the applicable 2,500' radius, and because of relationship of this project to AD No. 159,
Mayor Ford may participate in the discussion and may vote with regard to this issue.
In light of the lateness of some of these reports, City Attorney Thorson, for Mayor Pro Tem
Stone, advised that staffs response to drainage issues on the appeal are summarized in the
staff report; that the extensive Newland Communities submittal is summarized in a cover letter;
and that the fax from Ms. Staples is, in large, summarized on pages 1 and 2 of the proposal.
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In response to Mayor Pro Tem Stone, Deputy Director of Public Works Parks advised that the
construction of Butterfield Stage Road by AD No. 159 and the raising of it by one or two feet
was built according to plans and specifications and that the two 120" pipes do not adequately
mitigate the concerns of both two basins.
Councilman Lindemans referenced the May 26, 1988, (of record), particularly commenting, as
per his interpretation, on the City's responsibility to ensure that the interceptor channel is
constructed.
By way of overheads, Mr. Barry Burnell, T&B Planning, 3242 Halladay, #100, Santa Ana,
representing Newland Communities, reviewed the request; referenced and relayed his
understanding of a letter dated May 26, 1988 (of record); and noted the following:
· That the maximum bonding capacity is $4.9 million;
That, as requested by the Flood Control District, a drainage structure was
designed to intercept a large amount of off-site storm runoff that approaches the
project from the east;
That AD No. 159 was formed in 1988 with its own Environmental Impact Report
(EIR) processed through the County; that a supplemental District formed in 1991
at which time the Butterfield Stage Road east interceptor channel was originally
considered;
That the assessment, at that time, was determined at $2.2 million in order to
protect the 38 acres owned by the Coronas/Savalas; that the cost of such a
facility escalated to $3.5 million (Alternative No. 1) which included a box culvert
to protect future farming (38 acres);
That the current proposal requests the protection of 202 acres, which
encompasses the entire Corona, Savala, and Lumsdaine properties for $5.8
million; that this recent proposal cost has been increased to $6.2 million;
· That the conditions of approval for the Vail Meadows Specific Plan never
intended the protection of 202 acres;
· That the Assessment District was approved and the EIR was adopted prior to
the approval of the Vail Meadows EIR;
· That the Assessment District listed the 38 acres as undeveloped/unplanned land
and the 202 acres as agriculture land;
That the construction of Butterfield Stage Road created an impact on
approximately 5 to 6 acres of the Corona property; that such construction did not
create flooding to the east of the Assessment District; that the interceptor
channel was intended to mitigate concerns with regard to the 5 to 6 acres;
· That the area to the east of the Assessment District (140 acres) has historically
flooded.
Mr. Rich Robato, representing Newtand Communities, further clarified the location and
hydrology of the two existing basins and advised that the two 120" pipes were installed by
Nelwand Communities to assist with the water flow for Basin No. 2; and that Newland
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8
Communities has been assessed 82% of Basin No, 1. In closing, Mr. Robato noted that the
Assessment District has failed to fulfill its function,
Ms. Michelle Staples, 2100 SE Main Street, Suite 104, Irvine, representing the Coronas,
reviewed the request; referenced and relayed her understanding of a letter dated May 26, 1988
(of record); commented on the Coronas' compromise (as per faxed material) which would allow
the Home Depot project to proceed; and noted the following:
· That a new flood hazard has been created at the commercial corner (79 South)
as a result of the new building in and developing on the natural channel;
That the City has never relieved the developer of the condition (as per the May
26, 1988, letter) to construct a permanent facility prior to development of the
downstream areas;
That it is a legal responsibility of this developer to construct a permanent facility;
that any approval should be based on the construction of an interceptor channel
before the issuance of development permits;
· That the lateness of her faxed letter was as a result of waiting for information
from the County, which was not received;
· That the project cost of approximately $6.2 million (Alternative No. 3) does
include the underground interceptor and the open channel to the east;
That although only 5 to 6 acres of the Corona property are impacted as a result
of the construction of Butterfield Stage Road, in order to construct facilities in a
manner which will allow the Coronas to continue their current and future land
uses of the property without further severance damages to them, the facility
which was constructed in the middle of their property must be buried by 4'; it
was suggested that a smaller facility be constructed in its place and that a larger
facility be constructed to the east;
Councilman Lindemans suggested that, in order to meet with the County and the developer, the
matter be continued to the November 16, 1999, City Council meeting. Ms. Staples noted her
concurrence with a continuance.
Mr. Allan Davis, Del Sol Investment, Cadsbad, requested that the City Council take action as
recommended by City staff.
Mr. Sam AIhadeff, representing Newland Communities, 27555 Ynez Road, Suite 203,
referenced and quoted City Condition No.27 on Map No. 24182, as follows: an interim detention
basin has been constructed on the southern portion of Phase IV and the final phase of Tentative
Tract No. 24182; the existing detention basin or an equivalent facility should remain in place
until such time that upstream drainage facilities are constructed to convey off-site storm flows to
an adequate outlet,' any revision to the existing detention basin and appurtenant drainage
facilities should be approved by the City. Further addressing the matter before the City Council,
Mr. AIhadeff noted the following:
· That there is no nexus to the Corona property and Home Depot;
· That there would be no objection to including Condition No. 27 (as noted above)
with the approval of Home Depot.
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9
· That the appeal be denied and that the remaining issues be approved with the
imposition of Condition No. 27.
Ms. Staples noted her opposition to the approval of Home Depot as well as any other approval
under Specific Plan No. 219 without the imposition of a condition requiring the construction of
the interceptor channel. She supported the approval of the Home Depot project contingent
upon withholding building permits for Newland Communities.
Mr. Bob Krieger, representing the Coronas, further commented on Alternative No. 3 (submitted
to the County); addressed the water flow; the 2 120" pipes installed for Basin No. 2; and the
construction of a facility upstream on the easterly portion of the Corona property.
By way of overheads, Mr. Sam AIhadeff reiterated his request that the City Council deny the
appeal due to lack of nexus and approve the project.
At 10:05 P.M., the public hearing was closed and a recess was taken. The Council reconvened
at 10:14 P.M.
In light of this evening's discussion, Councilman Comerchero noted that the noted drainage
issues will obviously not be resolved today and, therefore, suggested the following:
· That the Home Depot project be approved;
That all building permits for Map No. 24182 with the exception of Phases 1 and
2 be withheld until this issue is resolved or the matter is addressed by the City
Council in a public hearing.
City Attorney Thorson introduced and read by title only Ordinance No. 99-28 and Ordinance No.
99-29.
MOTION: Mayor Pro Tem Stone moved to approve staff recommendation with amending the
Specific Plan as it relates to Home Depot as follows: that Mayor Ford and Councilman
Lindemans continue to serve on the subcommittee that is to meet with the proponents and
opponents in an effort to create a reasonable compromise; that the City will have the ability to
withhold approval of building permits within Tract No. 24182, with the exception of Phases I and
2, as identified by Deputy City Manager Thornhill; that once a reasonable compromise has been
negotiated, the matter would be addressed at a City Council public hearing; and that the
subcommittee will report to the City Council at its November 16, 1999, City Council meeting.
The motion was seconded by Councilman Lindemans and voice vote reflected unanimous
approval.
For Ms. Staples, it was noted that Phases 3 and 4 of Tract No. 24182 would withhold
approximately 400+ building permits.
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13 Ptanninc~ Application No. PA98-0447 ('Tentative Tract Map) a reauest to subdivide 6.31
acres of land into twenty-four (24) residential lots and Planninc~ Application No. PA99-
0238 (Develol3ment AQreement) a rec~uest for a Development Aclreement to allow a
minimum of five (5) foot side yard setback (for property located on the south side of Via
La Vida between Marc~arita Road and Solana Way)
RECOMMENDATION:
13.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 99-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TEMECULA AND
HIRAM-HILL LLC FOR TENTATIVE TRACT NO. 29036
(PARCELS t-4 OF PARCEL MAP NO. 13784 AND A PORTION
OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3)
LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN
MARGARITA ROAD AND SOLANA WAY
13.2 Adopt a resolution entitled:
RESOLUTION NO. 99-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECOMMENDING APPROVAL BY THE CITY
COUNCIL OF PLANNING APPLICATION NO. PA98-0447 FOR
TENTATIVE TRACT NO. 29036 (PARCELS t-4 OF PARCEL
MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28
OF TRACT MAP NO. 20882-3) LOCATED ON THE SOUTH SIDE
OF VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA
WAY
Councilman Comerchero noted that he would be abstaining with regard to this issue.
By way of overheads, Deputy City Manager Thornhill reviewed the staff report (as per agenda
material).
Mayor Ford opened the public hearing.
An engineer (name inaudible and no speaker card submitted), representing the applicant, was
present to concur with staff recommendation.
Mayor Ford closed the public hearing.
City Attorney Thorson introduced and read by title only Ordinance No. 99-30.
MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. The motion was
seconded by Councilman Lindemans and voice vote reflected approval with the exception of
Councilman Comerchero who abstained.
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11
14 Development Aareement with Pala Rainbow LLC (for proPertY located near the intersection
of Hiclhwav 79 South and Pala Road)
RECOMMENDATION:
14.1 Adopt the Negative Declaration for Planning Application No. PA99-0273;
14.2 Introduce and read by title only an ordinance,
ORDINANCE NO. 99-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY
OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY
LOCATED NEAR THE INTERSECTION OF HIGHWAY 79
SOUTH AND PALA ROAD (PLANNING APPLICATION NO.
PA99-0273)
Deputy City Manager Thornhill reviewed the staff report (of record).
Mayor Ford opened the public hearing. There being no public interest to speak, the public
hearing was closed.
City Attorney Thorson introduced and read by title only Ordinance No. 99-31,
MOTION: Mayor Pro Tern Stone moved to approve staff recommendation. The motion was
seconded by Councilman Roberts and voice vote reflected unanimous approval.
Councilman Lindemans thanked the Planning Commission for their expediency in addressing
this issue.
COUNCIL BUSINESS
15 1999-00 Community Service Fundinq Proqram Committee Recommendations
RECOMMENDATION:
15.1 Review and approve the 1999-00 Community Service Funding Program requests
per the table outlining the Committee's recommendations of 32 organizations
totaling $102,000.
Mayor Pro Tem Stone noted that he would be abstaining with regard to Escondido Community
Health Center (No. 12).
Finance Director Roberrs referenced the staff report (as per agenda material), briefly
highlighting the various organizations as well as the Committee's (comprised of Mayor Pro Tern
Stone and Councilman Comerohero) funding recommendation which totaled $102,000.
Mr. Rick Schultz, 31905 Via Cordoba, Executive Director of the Boys and Girls Club, thanked
the City Council for its continued support; referenced last year's funding from the City in the
amount of $22,400; and requested that consideration be given to waiving the Club's $18,000
yearly building loan repayment to the City.
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Finance Director Roberrs advised that the next CDBG funding cycle will be in January 2000 and
that the Boys and Girls Club may participate in that process as well.
MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was
seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor
Pro Tem Stone who abstained with regard to No. 12 (Escondido Community Health Center).
16 Old Town Redevelopment Advisory Committee Appointment
RECOMMENDATION:
16.1 Appoint two applicants to serve on the Old Town Redevelopment Advisory
Committee each a four-year term to expire September 26, 2003.
Mayor Pro Tem Stone noted that he would be abstaining with regard to this matter.
City Clerk Jones briefly reviewed the staff report (of record).
Councilman Comerchero suggested that consideration be given to requesting Court relief from
the requirement that a member of this Committee must live and/or own a business in Old Town
and requested that the matter be agendized for a future meeting.
Councilman Roberts requested that the need for this Committee be determined.
MOTION: Councilman Comerchero moved to appoint Mr. Arthur Yorke and to reappoint
Committee Member Jenkins. The motion was seconded by Councilman Roberts and voice vote
reflected approval with the exception of Mayor Pro Tem Stone who abstained.
17 Public Traffic Safety Commission Appointment
RECOMMENDATION:
17.1 Appoint two applicants to serve on the Public/Traffic Safety Commission each a
three-year term to expire October 10, 2002.
City Clerk Jones briefly reviewed the staff report (of record).
Mayor Ford extended appreciation to Mr. Markham for his years of service to the City.
MOTION: Mayor Pro Tem Stone moved to appoint Mr. Mark Katan and to reappoint
Commissioner Coe. The motion was seconded by Councilman Comerchero and voice vote
reflected unanimous approval.
18 Appointment of Representative and Alternate to the Riverside Transit Aqencv
RECOMMENDATION:
18.1 Appoint a member of the City Council to serve as the representative for the
Riverside Transit Agency;
18.2 Appoint Karel Lindemans to serve as alternate for the Riverside Transit Agency
through December 31, 1999.
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13
City Clerk Jones reviewed the staff report (as per agenda material).
City Attorney Thorson advised that it is a requirement of the RTA to appoint a current City
Councilmember.
MOTION: Mayor Pro Tem Stone moved to appoint Councilman Lindemans as the City alternate
to the RTA Agency until December 31, 1999, and to appoint Mayor Pro Tem Stone as the
representative. The motion was seconded by Councilman Cornerchero and voice vote reflected
unanimous approval.
CITY MANAGER'S REPORT
Because the Registrar of Voters will not be able to certify the November 2, 1999, election results
until November 18, 1999, City Manager Nelson advised that an adjourned regular meeting has
been scheduled for Monday, November 22, 1999, at which time the Mayor, Mayor Pro Tem,
President of the Community Services District, and the Chairman of the Redevelopment Agency
will be appointed.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that the City Council gave direction to staff with regard to the real
property matter and as well provided direction to him as to the defense of the legal matter.
ADJOURNMENT
At 10:56 P.M., the City Council meeting was formally adjourned to Tuesday, November 16,
1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
ATTEST:
Steven J, Ford, Mayor
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
R:\Minutes\l 10999
14
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
NOVEMBER 16, 1999
The City of Temecula City Council convened in an adjourned regular meeting at 7:04 P.M., on
Tuesday, November 16, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business
Park Ddve, Temecula.
ROLL CALL
Present: Councilmembers:
Comerchero, Lindemans, Roberrs, Stone,
and Ford.
Absent: Councilmember. None.
PRELUDE MUSIC
The prelude music was provided by Aaron Breid.
INVOCATION
The invocation was given by Youth Pastor Scott Treadway of Rancho Community Church.
ALLEGIANCE
The audience was led in the Flag salute Mayor Pro Tern Stone.
PRESENTATIONS/PROCLAMATIONS
National Family Week
Mayor Ford proclaimed November 21-27 to be designated as National Family Week.
On behaff of all the families in the City of Temecula, Ms. Denise Ome accepted the award, noting
that it would be placed on display at the Library.
Certificate of Apl~reciation to AI Cdsl} and Larry Markham
Presenting Permit Engineer Cdsp with a Certificate of Appreciation, Mayor Ford relayed the City's
gratitude for Mr. AI Cdsp's dedicated service, aiding the City in establishing a foundation for the
Public Works Land Development Division with his extensive engineering background.
Mayor Ford presented Mr. Larry Markham with a Certificate of Appreciation for his three years
serving as a Public/Traffic Safety Commissioner, notin9 that the City had greatly benefited from his
invaluable service.
For informational purposes, Mayor Ford relayed the success of the recent Race forthe Cure Event
which was held in the City of Temecula for the purpose of raising monies for breast cancer
research; noted the inspiring feats of various handicapped participants in the race; and displayed
the crystal plate that was presented to the City denoting the 1999 Temecula Race forthe Cure
Event.
R:\Minutes\l 11699
1
PUBLIC COMMENTS
Ms. Maryann Edwards. representing the Assistance League of the Temecula Valley, relayed the
vadous activities of the organization, inclusive of the provision of clothing for children; flanked the
City for their generous support; invited the public to the 2''~ Annual Holiday fundraiser, scheduled ~
be held on Sunday, November 21, 1999 from 4:00 P.M. to 7:00 P.M. at the Castaway's Thdft Shop
located at 28720 Via Montezuma, Temecula; and commended Councilman Lindemans, and Mayor
Ford for their dedication to the City, as Councilmen.
The following individuals relayed their support of the proposed permanent Community Theatre:
Ms. Bobbi Boes,
Mr. Dan Stephenson,
Ms. Patti Draw,
Ms. Julie Pitruzzello
representing the Theatre Foundation,
representing the Theatre Foundation.
representing the Temesula Valley Playhouse,
representing the Temecula Valley Playhouse,
27740 Jefferson Avenue
27740 Jefferson Avenue
45680 Muirfield Drive
not given
The above-mentioned individuals relayed the following comments:
Provided an overview of the proposal to construct the project in Old Town.
Noted the commitment of a community group to fund a half million dollars of the project.
Commended Councilman Lindemans, and Mayor Ford for their support.
Relayed that the project would be a great asset in the community.
Referenced the General Plan; and noted that the proposed project would fulfill the vision
outlined in the goals.
For Councilman Lindemans, Mr. Dan Stephenson confirmed that the preliminary plans were
inclusive of utilization of the Mercantile Building in Old Town, and that the City had designated
funding in the amount of a half million dollars for the proposed project.
CITY COUNCIL REPORTS
Updating the Council with respect to the Riverside County Transportation Committee
(RCTC), Councilman Roberts provided information regarding his opposition to the recant
proposal presented to the Committee proposing to utilize the Discretionary funds from the
years 2000-2008 (totaling $58 million), to fund two Measure A Projects (associated with the
91 Freeway Improvement Project); relayed that Discretionary funds were the sole funds
available for the southwest Riverside County area due to this particular area not being
included in the Measure A Projects; noted that although approval of the proposal was
recommended by staff, and the County Board of Supervisors, there was opposition from the
Cities of Muftieta, Hemet, Temecula, and the majodty of the Desert cities; advised that the
Committee denied the proposed funding; relayed that the Board of Supervisors then evoked
the Division of the House Rule, voting (4-1) to approve the funding proposal, and thereby,
rendered the issue mute; advised that it was agreed that in January there would be a
Special Meeting scheduled to discuss the matter further; relayed additional information
regarding the potential reduction in costs associated with the two Measure A Projects;
advised that there was $67 million available in Rail funding which could potentially
temporarily fund these two particular projects; noted that he would further update the
R:\Minutes~l 11699
2
Council in January, 2000; and provided assurance that he would continue to oppose the
utilization of the Discretionary funds for the funding of the previously mentioned projects.
Councilman Roberts noted his disappointment with the press continually publishing negative
comments regarding the traffic situation in the City of Temecula; relayed the kudos the City
had received from the public regarding the recent road improvements (i.e., the Overland
Bridge Project); and implored the press to acknowledge the improved circulation within the
City of Temecula.
Since Councilman Lindemans would be leaving his seat on the Council in November, he
requested that staff and the Council pursue the following matters:
The paving of the Poole parking lot located in Old Town.
The design and production of a scale model of Old Town.
The permanent Community Theatre Project (proposed to be in Old Town).
The Sports Complex, relaying the monetary benefits for the City if the complex is
managed by an aitemate entity.
For informational purposes, Councilman Comerohero relayed that the San Diego Padres
Sports Project was near completion; and noted that there would be a Dedication Ceremony
held on Thursday, November 18, 1999 at 3:30 P.M. (located on fields 1, and 2 of the Sports
Park), inviting the public to attend.
Councilman Comerchero commended Mayor Ford for his excellent leadership skills
exhibited while chaidng the Council; and relayed that he would greatly miss Councilman
Lindemans, noting that his participation on the City Council had provided vision, contributing
to the projects and policies of the City.
With raspoct to the successful Race for the Cure Event racantly held in Temecula, Mayor
Pro Tem Stone relayed kudos to the Pubic Works staff, and the Police Department for their
diligent efforts associated with the activity.
Commenting on the numerous improvements and the growth in the City of Temecula, Mayor
Pro Tern Stone relayed that the success was greatly due to the assiduous efforts of staff,
specifically, applauding Permit Engineer Crisp for his positive demeanor, and contdbutive
achievement.
With raspoct to Mayor Ford and Coundlman Lindemans leaving their Council seats on
November 22.1999. Mayor Pro Tern Stone relayed that Councilman Lindemans' passion,
devotion, and commitment to the City would be greatly missed; commended Mayor Ford for
his excellent work as Mayor, consistently moderating the Council discussions without bias;
relayed appreciation to Mayor Ford's wife, Ms. Mary Ford for her support; commented on the
legacy that both Councilmen would leave, noting that the fruition of their accomplishments
would continue.
Regarding the proposed Sports Complex, Mayor Pro Tern Stone relayed that he looked
fortNard to working with Mr. Lindemans as an advisory counsel associated with the project.
Relaying his gratitude for the accolades, Mayor Ford noted that he would withhold his
comments until the November 22, 1999 City Council meeting.
R:~Minutes\l 11699
3
CONSENT CALENDAR
I Standard Ordinance Adol~tion Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution Aoorovin¢l List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 99-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Paramedic Pro~3rem - October Statistics
RECOMMENDATION:
3.1 Receive and file the report.
Consent Calendar Item No. 3 was pulled for separated discussion; see page 8.
4 Mar~ladta Middle School Sister City Tdl~ to Nakayama
RECOMMENDATION:
4.1 Approve an expenditure of funds in the amount of $4,200 to provide twelve students
and two adults traveling to Nakayama, Japan, $300 per traveler to offset the trip
expenses.
It was noted that the Recommendation associated with Agenda item No. 4 was amended.
5 Accel~tance of Public Streets into the City-Maintained Street System within Tract Nos.
23220 and 24232 (located northerly of the intersection of Calle Medusa at La Serena
Way)
RECOMMENDATION:
5.1 Adopt a resolution entitled:
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4
6
7
8
RESOLUTION NO. 99-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO
THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT
NOS. 23220 AND 24232)
Accept Public Improvements in Tract Nos. 23220 and 24232 (located northerly of the
intersection of Calle Medusa at La Serana Way)
RECOMMENDATION:
6.1 Accept the public improvements in Tract Nos. 23220 and 24232;
6.2 Authorize reduction in Faithful Performance secudty to the 10% warranty level and
initiation of the one-year warranty pedod;
6.3 Direct the City Clerk to so advise the developer and surety.
Authorize Temporan/Street Closures for Santa's Annual Christmas Liahts Parade on
December 2, 1999, and deleaate authority to issue Special Events/Street Closures Permit
to Director of Public Works/City Enclineer
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 99-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET
CLOSURES FOR JEFFERSON AVENUE AND ABUTTING
STREETS FROM DEL RIO TO OVERLAND AVENUE FOR
SANTA'S ELECTRIC LIGHTS PARADE ON DECEMBER 2,
1999, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS
PERMIT INCLUDING STREET CLOSURES
Deleaation of Authority to the Director of Public Works/City EnGineer to perform certain
Administrative functions on behalf of the City Council
RECOMMENDATION:
8.1 Adopt a resolution entitled:
R:\Minutes\l 11699
5
RESOLUTION NO. 98-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DELEGATING TO THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER THE AUTHORITY TO ACCEPT
PROJECTS AS COMPLETED, RELEASE PERFORMANCE
WARRANTY SECURITIES FOR PUBLIC IMPROVEMENTS,
AND RELEASE BONDS FOR SUBDIVISION MAPS ON
BEHALF OF THE CITY OF TEMECULA
9
10
11
Amendment No. 3 to Electrical AGreement for Maintenance of SiGnal and LiGhtinG
Systems on State HiGhways
RECOMMENDATION:
9.1
Approve Amendment No. 3 to the Electrical Agreement for Maintenance of Signal
and Lighting Systems on State Highways with the State Department of
Transportation.
First Amendment to Contract for RiGht-of-Way Weed Control Pre-EmerGent and Post
Emement - Work Order No. 98-99-03
RECOMMENDATION:
10.1 Approve the First Amendment to the Contract with Pestmaster Services, Inc. for a
pedod of three (3) years beginning November 16, 1999, in an amount of
$75,000.00.
Professional Services AGreement - Daniel, Mann. Johnson. & Mendenhall Paia Road
Improvements - Phase II, State HiGhway 79 South to Pechanaa Road - Project No.
PW99-11
RECOMMENDATION:
11.1
Approve the agreement with Daniel, Mann, Johnson, & Mendenhall (DMJM) to
provide professional engineering and design services for the preparation of plans,
specifications, and estimates to construct Pala Road Improvements - Phase II -
State Highway 79 South to Pechanga Road - Project no. PW99-11 - for an amount
not to exceed $579,600.00 and authorize the Mayor to execute the agreement;
11.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of 10% of the contract of $57,960.00;
11.3 Accelerate appropriation of budgeted funds in FY2000-01 to FY1999-00 in the
amount of $250,000.00 to design Account No. 210-165-668-5802.
12 Completion and Acceptance of the City Hall Remodel Project - Phase II
R:\Minutes\l 11699
6
RECOMMENDATION:
12.1 Accept the City Hall Remodel Project - Phase II;
12.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
(1) Maintenance Bond in the amount of 10% of the contract;
12.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
13 Second Readina of Ordinance No. 99-30
RECOMMENDATION:
13.1 Adopt an ordinance entitled:
ORDINANCE NO. 99-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TEMECULA AND
HIRAM-HILL, LLC FOR TENTATIVE TRACT NO. 29036
(PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION
OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3)
LOCATED ON THE SOUTH SIDE OF VIA LA VIDA BETWEEN
MARGARITA ROAD AND SOLANA WAY
It was noted that Councilman Comerchero would be abstaining with regard to this issue.
14 Second ReadinQ of Ordinance No. 99-31
RECOMMENDATION:
14.1 Adopt an ordinance entitled:
ORDINANCE NO. 99-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY
OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY
LOCATED NEAR THE INTERSECTION OF HIGHWAY 79
SOUTH AND PALA ROAD (PLANNING APPLICATION NO.
PA99-0273)
MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-2 and 4-
14. The motion was seconded by Councilman Roberrs and voice vote reflected approval with
the exception Councilman Comerchero who abstained with regard to Item No. 13.
R:\Minutes\l 11699
7
Consent Calendar Item No. 3 was considered at this time.
3 Paramedic Pro{3ram - October Statistics
RECOMMENDATION:
3.1 Receive and file the report.
Providing an overview of the first six-week pedod of the Pammedic Program which began on
September 15, 1999, City Fire Chief Brown presented the staff report (of record); specified that
the average response time was 4 minutes, 54 seconds; advised that the program had been
successful, providing improved emergency services for the City of Temecula; for Mayor Pro
Tern Stone, relayed that a report had been submitted to staff, regarding the issue of
trecheotomies, noting that this data would be presented to the City Council at a future point in
time.
Relaying that he had attended a ride-along with the paramedic team, Mayor Pro Tern Stone
commended the paremedic staff for their diligent efforts associated with the emergency
services; and with respect to the recent ballot vote (which did not pass), regarding the
annexation of Redhawk, commented that the provision of these emergency services would have
benefited the area.
MOTION: Councilman Lindemans moved to approve staff recommendation, and that the
informational data regarding the issue of trecheotomies be brought before the City Council
within 30 days. Councilman Roberts seconded the motion. (This motion ultimately passed;
see below.)
Mayor Ford requested staff to continue investigating the matter of the Global Positioning System
(GPS) for utilization in the paremedic squads.
For Mayor Ford, City Manager Nelson relayed that staff would provide an update with respect to the
GPS System within 30 days, in conjunction with the presentation of the trecheotomy data.
At this time voice vote was taken reflecting unanimous approval.
At 7:55 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:58 P.M. a short recess was taken and at 8:15 P.M., the
City Council resumed with regularly scheduled City Council business.
PUBLIC HEARINGS
15 Vacate portion of North General Keamy Road in Tract No. 3334 (located at the southeast
comer of reaiiQned North General Kearny Road at Marqadta Road)
RECOMMENDATION:
15.1 Adopt a resolution entitled:
R:~Minutes\l 11699
8
RESOLUTION NO. 99-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA VACATING A PORTION OF NORTH GENERAL
KEARNY ROAD FROM MARGARITA ROAD TO 800 FEET
EASTERLY OF MARGARITA ROAD
Director of Public Works Hughes provided an overview of the staff report (per agenda material.)
Mr. Peter Stealing, 2398 San Diego Avenue, relayed concurrence with staff recommendation,
requesting that the City Council approve the proposal to vacate the portion of North General
Keamy Road (a portion of Lot "A" in Tract No. 3334.)
At this time Mayor Ford closed the public hearing.
MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. Councilman
Lindemans seconded the motion and voice vote reflected unanimous approval.
COUNCIL BUSINESS
16 Oral Rel~ort from Subcommittee, Second Readincl of Ordinance No. 99-28 (Sl~ecific Plan
No. 219~ and Ordinance No. 99-29 (Develooment Af3reement}- Home Deoot Project
(located north of State Hi~lhwav 79 South, south of Montele.clro Way, east of Mar{~adta
Road, and west of Meadows Parkway
RECOMMENDATION:
16.1 Receive an oral report by Subcommittee Members Mayor Ford and Councilmember
Lindemans;
16.2 Adopt an ordinance entitled:
R:\Minutes\l 11699
9
ORDINANCE NO. 99-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA99-0285 (AMENDMENT NO. 7 TO SPECIFIC PLAN NO. 219),
WHICH AMENDS LAND USES WITHIN PLANNING AREAS 1, 6,
8, 27 AND 36; AMENDS THE ALIGNMENT AND
CONFIGURATION OF CAMPANULA WAY BETWEEN DE
PORTOLA AND MEADOWS PARKWAY; AMENDS THE
ALLOCATION OF ACREAGE WITHIN PLANNING AREA 1
FROM 32.3 ACRES TO 35.0 ACRES; AMENDS THE
ALLOCATION OF ACREAGE WITHIN PLANNING AREA 6
FROM 36.3 ACRES TO 34.3 ACRES; DIVIDES PLANNING
AREA 6 INTO PLANNING AREA 6A (22.3 ACRES, WITH A
MAXIMUM OF 268 UNITS) AND PLANNING AREA 6B (12
ACRES, VERY HIGH DENSITY RESIDENTIAL, 13-20 DU/AC,
WITH A MAXIMUM OF 240 UNITS), RESULTING IN AN
OVERALL REDUCTION OF DWELLING UNITS FROM 590 TO
508; AMENDS THE TEXT TO PROVIDE FOR THE
DEVELOPMENT OF A SENIOR COMMUNITY WITHIN
PLANNING AREA 8; AND AMENDS THE DESIGN GUIDELINES
TO INCORPORATE THE VILLAGE VIGNETTES AND SENIOR
AMENITIES; BASED UPON THE ANALYSIS AND FINDINGS
CONTAINED IN THE STAFF REPORT SUBJECT TO THE
CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE
CITY CLERK
16.3 Adopt an ordinance entitled:
ORDINANCE NO. 99-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN DEVELOPMENT
AGREEMENT ENTITLED VILLAGES AT PASEO DEL SOL
DEVELOPMENT AGREEMENT, PLANNING AREAS I(A) & I(B)
OF SPECIFIC PLAN NO. 219, AMENDMENT NO. 7
MOTION: Mayor Pro Tem Stone moved to approve the Second Reading of Ordinance No. 98-
28 (Specific Plan no. 219) and Ordinance No. 99-29 (Development Agreement.) Councilman
Roberrs seconded the motion and voice vote reflected unanimous approval.
With respect to the dispute between the Corona Ranch properties and Newland Communities,
Mayor Ford relayed that although there had been discussions, at this point in time no final
agreement had been reached.
Ms. Michele Staples, attomey for the Corona Ranch properties, specified the issues of dispute;
relayed that the Corona family did not oppose the Second Reading of the Ordinances; and
thanked Mayor Ford, and Councilman Lindemans for their assiduous efforts spent over the
weekend, working with the parties in an attempt to reach an agreement.
R:\Minutes\l 11699
10
Councilman Lindemans relayed that the Council had previously placed a hold on 218 lots in
Tract 24182-3, and 4, associated with this preject; noted that due to this preperty currently being
in escrow, Newland Communities had offered in its stead, Parcels 6 and 7, consisting of 508
multi-family units, requesting that there be a substitution of the parcels being held; and
recommended that due to the situation, that the parcels be substituted.
Mr. Alhadeff, representing Paseo Del Sol/Newland Communities, relayed gratitude to Mayor
Ford and Councilman Lindemans for their time and consideration in attempting to aid the parties
in the dispute; relayed that although there was no mandated requirement, Newland
Communities had agreed to place a hold on the aforementioned properties in an attempt to be
amenable with respect to settling the dispute; noted the specifications of the existing
Development Agreement; reiterated Coundlman Lindemans' recommendation to substitute the
held parcels; in response to Mayor Ford's comments, relayed assurance that if the City Council
approved the proposed substitution of parcels, that there would be continued efforts to attempt
to come to a resolution with the Corona Ranch properties; for Mayor Pro Tern Stone, specified
that if the Council did not approve the substitution of holdings, that the property owner would not
be able to sell the property; and noted that there was, additionally, a risk of a lawsuit.
Ms. Staples relayed that the Corona family opposed the proposal to substitute the preperty
holdings, providing the rationale for the opposition; and specified that the Brown Act regulations
would prohibit a ruling on the matter at this time due to this meeting being a Special meeting.
City Attomey Thorson offered the following ciadficetion: 1) noted that this was not a Special
meeting, but an adjourned regular meeting, 2) relayed that the Agenda did specifically reference
the project; 3) provided additional information regarding the Development Agreement; and 4)
specified the Council's purview with respect to the releasing of the property hold at this time,
and in the future, if requested.
For Councilman Lindemans, Deputy City Manager Thornhill clarified that the rationale for the
Condition restricting the parcels was to ensure that there would be attempts to resolve the
issues of dispute; and relayed that the holding may not have been placed on the property if
Newtand Communities had not been agreeable.
MOTION: Councilman Lindemans moved to have the City, hereby, release the 218 lots in Tract
24182-3 and 4, as descdbed in the Conditions of Approval, approved by the City Council on
November 9, 1999, and substitute, in its place, Planning areas 6A and 6B of Parcel Map 29431,
Parcels 6, and 7, consisting of 508 multi-family units. Councilman Comerchero seconded the
motion. (This motion ultimately passed; see page 12.)
In response to Mayor Pro Tem Stone's querying, Ms. Staples relayed that her client would
request a waek's time to consider the new proposal.
Mayor Ford specified the location of the originally held propedies, and the properties proposed
to be substituted; advised that since Newland Communities had offered the collateral on good
faith at the time, and due to the substitution proposal still maintaining an equitable holding,
which would continue to encourage eftotis to reach a settlement, recommended that the
substitution proposal be approved.
Recognizing the unusual circumstances of the matter, Councilman Comerchero reitereted that
Newland Communities had offered the parcels currently being held; noted that at the time of
R:\Minutes\l 11699
11
approval, the Coundl was not aware of the fact that the parcels wore in escrow; and
recommended that the Council approve the substitution of the parcels.
After furlher consideration of the matter, Ms. Staples relayed that the Corona family had no
objection to the proposal to substitute the parcels.
At this time voice vote was taken reflecting unanimous approval.
In light of the time the Council that had devoted to the discussions, Mayor Ford implored the
parties in dispute to make efforts to come to a resolution.
For informational puq~oses, Councilman Lindemans relayed that after much deliberation,
Newland Communities was willing to post a $3.5 million bond, noting the efforts to cooperate in
reaching a resolution.
17 GST Fiber Ootics
RECOMMENDATION:
17.1 Receiveand~leareportregardingGSTTelecom~beroptics.
By way of overhead maps, Director of Public Works Hughes presented the staff report (of
record) as an informational item par the City Council's and City Manager Nelson's request;
specified the location of the telecommunication facilities installation; noted the concessions GST
had made to mitigate the traffic impacts associated with the project; relayed that the City would
be monitoring the installation project; and for Councilman Comerchero, advised that solely the
area within the Commercial Distdct would have the installation postponed until January 3, 2000,
(after the holiday season.)
Mr. Joe Fen'ill. representing GST Fiber Optics, relayed for Councilman Comerchero, that the
applicant would be willing te, additionally, delay the project in the southem area until January 3,
2000 if that was the desire of the Council; and in response to Mayor Ford's request that a
minimum of two lanes of travel be open for vehicle traffic dudng installation, provided assurance
that GST would adhere to all of the traffic guidelines dictated by the Department of Public
Works, and the Council.
For Councilman Roberts, Director of Public Works Hughes advised that although there wore no
required cash deposits, or bend holdings, the City's standard encroachment permit specifies
that the applicant would be held responsible for any damage to public proparty, private proparty,
or any other utilities, relaying that the City would not be liable for the aforementioned damage.
City Attorney Thorson relayed that the encroachment permit was inclusive of an insurance
requirement, noting that the City would be made an additional insured.
In response to Councilman Roberts' cencems with respect to adept flagmen, road closure
guidelines, and severed telephone cables, Mr. Fen'ill reiterated that GST would stdctly adhere to
the traffic guidelines provided by the City; noted that if necessary, the flagmen would be
retrained to meet the City's specifications; and clarified the issue of the cut GTE cable in the
City of Murdeta associated with their project. relaying that GTE had taken responsibility for the
matter; and noted that GST would take every precaution to prevent the sevedng of utility lines.
R:~Minutes\l 11699
12
Mayor Pro Tem Stone relayed that he could support the project due to the applicant's desire to
cooperate with the City's guidelines, which was supported by staffs comments.
Mayor Ford recommended that the concerns expressed by the Council be incorporated into the
City's guidelines.
MOTION: Mayor Pro Tem Stone moved to approve staff recommendation. Councilman Roberrs
seconded the motion and voice vote reflected unanimous approval.
18 Murrieta Creek Multi-Pumose Trail/TEA Grant ADl~lication
RECOMMENDATION:
18.1 Receive a report regarding our City's proposed Transportation Enhancement Act
(TEA) Grant application for a Muftieta Creek Multi-Purpose Trail and authorize the
Director of Public Works to submit said application on behalf of the City of
Temecula.
Reviewing the Mumeta Creek Multi-Purpose Trail Project, Director of Public Works Hughes
appdsed the Council of the City's efforts to qualify for the Transportation Enhancement Act
(TEA) Grant; noted that the plan would be inclusive of bicycle, pedestrian, and equestrian
routes; and specified the location of the proposed trails, and the provision of connectivity to the
Old Town area, the Commercial area, as well as, the Industrial Park areas the plan would
provide.
In light of the timeframe of the application due date on November 19, 1999, Councilman
Comerchero relayed that it would have been more appropriate to incorporate suggested
modifications into the project if it had been presented to the Council at an eadier date; noted
that although the project was meritorious, as proposed, he recommended the addition of a
bicycle trail from the residential areas (i.e., W~nchester Hills, Rodpaugh) to the sports park, due
to the proximity of the sports park to the trail, and to provided access for children bicycling to the
park.
Noting that the plan appeared to have adequately met the qualifications of the grant,
Councilman Roberts advised that the Council approve the proposal at this time, in light of the
timeframe for the grant application deadline; relayed the feasibility of a multi-purpose trail along
Temecula Creek, noting that there was an area in the proximity of the 1-15 which could provide a
tie into the connector to Old Town; recommended that the plan be modified to provide additional
access points, and that staff investigate the utilization of dedicated land in the southern area if it
was determined that it would be needed for the future enhanced trail plan.
In response to the Council's comments. Director of Public Works Hughes advised that the
proposed plan would be supplemented with additional connection points; noted that at this point
in time, staffs efforts were focused on meeting the cdteria for qualifying for this particular grant;
and relayed that the Community Services Department would be conducting additional studies in
an attempt to investigate the feasibility of a Citywide trail system, which would be incorporated
into this particular project.
Relaying concurrence with Councilmen Comerchero and Roberts, Mayor Ford advised that
there be provision of additional connectors to the bicycle trails, and the creeks; noted that with
the addition of a short route from the Ynez Road area to the Winchester Road area, the Santa
R :\Min utes~l 11699
13
Gertrudis Creek could be utilized as a connector, and recommended amending the plan,
suggesting that red dotted lines could be added to the proposed plan to denote the previously
discussed extensions.
For Mayor Ford, Director of Public Works Hughes relayed assurance that the connector routes
would be denoted on this particular application.
For informational purposes, City Manager Nelson relayed that $70,000 had been included in the
Capital Improvement Plan (CIP) for the purpose of funding the trail's master plan, quenjing
whether that should be included in this application's proposed plan to demonstrate the City's
commitment to provide connectivity and trails within the City of Temecula.
MOTION: Councilman Lindemans moved to receive, file, and endorse the proposed plan. Mayor
Pro Tern Stone seconded the motion and voice vote reflected unanimous approval.
DEPARTMENT REPORT
No comments.
CITY MANAGER'S REPORT
City Manager Nelson noted that at the next regular adjoumed meeting which would be held on
Monday, November 22, 1999 at 6:00 P.M. that the election results would be certified, the new
Councilmen would be sworn in, and the following appointments would be made: the new Mayor,
the Mayor Pro Tem, the President of the Temecula Community Services District, and the
Temecula Redevelopment Agency President; and with respect to Mayor Ford, and Councilman
Lindemans leaving their seats on the Council, relayed his appreciation for their support; and
noted that the legacy that they have left through their accomplishments would provide the City
of Temecula with continued benefits.
ADJOURNMENT
At 9:12 P.M., Mayor Ford formally adjourned the City Council meeting to an adjourned regular
meeting on Tuesday, November 22, 1999, at 7:00 P.M., City Council Chambers, 43200
Business Park Ddve, Temecula, California.
ATTEST:
Steven J. Ford, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:%Minutes\l 11699
14
ITEM 3
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the
Office of the City Clerk, have been audited by the City Manager, and that the same are hereby
allowed in the amount of $583,314.40.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 14th day of December 1999.
ATTEST:
Jeffrey E. Stone, Mayor
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
Resos99-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 99- was duly adopted at a regular meeting of the City Council of the City
of Temecula on the 14th day of December 1999 by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
Resos 99-
2
CITY OF TEMECULA
LIST OF DEMANDS
12/02/99 TOTAL CHECK RUN:
12/14/99 TOTAL CHECK RUN:
TOTAL LIST OF DEMANDS FOR 12/14/99 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND
165 RDA DEV-LOW/MOD SET ASIDE
190 COMMUNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
193 TCSD SERV1CE 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
390 TCSD DEBT SERVICE
TOTALBY FUND:
PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST
SHAWN NELSON, CITY MANAGER
326,522.28
256,79212
583,314.40
174,955.51
20,98541
1.192.25
8,391.43
113.49
209,495.27
26,666,18
82,759,80
12,309.60
923.56
2,281.76
5,430.00
$ 583,314 40
$ 583,314.40
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
VOUCHRE2 CiTY OF TEMECULA PA~ 11
12/02/99 12:18 VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
FUND TITLE
001 GENERAL FUND
165 RDA DEV- LOU/MO0 SET ASZDE
190 COMMUNITY SERVICES DXSTRZCT
191 TCSD SERVICE LEVEL A
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
FACILITIES
390 TCSD DEBT SERVICE
AMOUNT
166,129.27
20,985.41
37,810.1~
1,192.25
8,391.43
113.49
68,218.09
1,627.48
1,109.80
lZ,309.60
923.56
2,281.76
5,430.00
TOTAL 326,522.28
VOU_CHRE2 CITY OF TENECULA PAGE 1
99 12:18 VOUCHER/CHECK REGISTER
FOR ALL pER%00S
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
ITEM ACCOUNT ITEM CHECK
DESCRIPTION NUMBER AMOUNT AMOUNT
11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 26,123.95
11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 613.37
11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 ],871.78
11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 9.08
11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 363.06
11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 36.76
11108 12/01/99 00028] INSTATAX (IRS) 000283 FEDERAL 280-2070 210.79
11108 12/01/99 00028] INSTATAX (IRS) 00028] FEDERAL 300-2070 51.32
11108 12/01/99 000283 INSTATAX (IRS) 00028] FEDERAL 320-2070 1,004.67
11108 12/01/99 00028] INSTATAX (IRS) 000283 FEDERAL 330-2070 135.14
11108 12/01/99 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 554.00
11108 12/01/99 000283 1NSTATAX (IRS) 000283 MEDICARE 001-2070 5,712.68
11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 139.02
11108 12/01/99 000283 INSTATAX (IRS) 00028~ MEDICARE 190-2070 1,105.98
11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.51
11108 12/01/99 000283 INSTATAX (IRS) 000283 NEDICARE 193-2070 98.08
11108 12/01/99 000283 INSTATAX (IRS) 000285 MEDICARE 194-2070 10.21
11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 58.06
11108 12/01/99 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 23.60
11108 12/01/99 000283 %NSTATAX (IRS) 000283 MEDICARE ]20-2070 226.26
11108 12/01/99 000283 ]NSTATAX (IRS) 000283 MEDICARE 330-2070 42.38
°"q8 12/01/99 000283 ]NSTATAX (IRS) 000283 MEDICARE 340-2070 146.18
~9 12/01/99 000444 INSTATAX (EDD) 000444 SDI 001-2070 49,00
11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 165-2070 2.52
11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 190-2070 46.04
11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 193-2070 1.56
11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 280-2070 ,56
11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 320-2070 15.04
11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 330-2070 1.76
11359 12/01/99 000444 INSTATAX (EDD) 000444 SDI 340-2070 4.52
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 001-2070 6,973.82
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 165-2070 173.50
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 190-2070 873.24
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.58
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 193-2070 66.25
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 194-2070 5.97
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 280-2070 64.55
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 300-2070 16.30
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 320-2070 225.75
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 330-2070 32.33
11359 12/01/99 000444 INSTATAX (EDD) 000444 STATE 340-2070 119.91
59346 11/24/99 001159 CALIF DEPT OF JUSTICE
59346 11/24/99 001159 CALIF DEPT OF JUSTICE
59347 11/24/99 000684 DIEHL EVANS & COHPANY
59348 12/01/99 002578 TEMEKU HILLS REC LLC
12/02/99 003157 A M A I/KEYE PROOUCT]VI
PROCESSING FEE:EMPLEE PRINTS
PROCESSING FEE:EMPLEE PRINTS
TAX SEMINAR:12/8/99:P.BROWN
001-150-999-5250
190-180-999-5250
001-140-999-5261
REFRESHMENTS:IO YR CELEBRATION 001-1990
WRITING POLICIES SEM:HP:1/12
190-180-999-5261
42.00
42.00
95.00
5,620.00
149.00
40,540.88
8,674.20
84.00
95.00
5,620.00
149,00
VOUCHRE2
12/02/99 12:18
VOUCHER/
CHECK
NUMBER
59352
59353
59353
59354
59355
59355
59356
59356
59357
59358
59358
59359
59360
59361
59362
59363
59363
59363
59364
59365
59366
59367
59368
59369
59370
59371
59372
59372
59372
59373
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERZOOS
CHECK VENDOR VENDOR ITEM ACCOUNT
DATE NUMBER NAME DESCRIPTION NUMBER
lZ/02/99 001700 A PLUS TEACHING NATERIA MISC. SUPPLIES FOR TINY TOTS 190-183-999-5320
12/02/99 000745 A T & T MIRELESS SERVIC NOV CELLULAR PHONE SVCS:P,D, 001-170-999-5208
12/02/99 000745 A T & T MIRELESS SERVIC CELLULAR PHONE SVCS:POLICE DPT 001-170-999-5208
12/02/99 002038 ACTION POOL & SPA SUPPL POOL HAINT,SUPPLIES/EGUIP:CRC 190-180-999-5212
12/02/99 001538 ALBERT GROVER & AGSOCIA OCT PROF.SVCS:SGNL TIME INPROV 001-16~-602-5412
12/02/99 001538 ALBERT OROVER & ASSOCIA TRAF.OPER.ANALYSIS:NWY 79/I-15 001"164-602-5248
12/02/99 ANDERSON, LISA
12/02/99 ANDERSON, LISA
12/02/99 003376 ARTS COUNCIL, THE
12/02/99 0036/,3 BIGSON ELECTRICAL
12/02/99 003643 BIGSON ELECTRICAL
12/02/99 000588 C C A P A
12/02/99 001260 C P R S
12/02/99 003979 CALVARY CHAPEL CHRISTIA
12/02/99 CARRASCO, JOHN
12/02/99 001249 CENTRE FOR ORG EFFECTIV
12/02/99 001249 CENTRE FOR ORG EFFECTIV
12/02/99 001249 CENTRE FOR ORG EFFECTIV
12/02/99 003047 CHAPARRAL HIGH SCHOOL
12/02/99 COLLINS, ELSA
12/02/99 000447 CONTRONZX OF HEMET
12/02/99 003315 COUNTRY REVIEW, THE
12/02/99 001629 CREATIVE HYDROSEED INC
12/02/99 003813 CUSTOM BUILT SOLUTIONS
12/02/99 001716 OANS ROOFING
12/02/99 003006 DEWITT CUSTOM PAINTING
12/02/99 002954
12/02/99 002954
12/02,~9 002954
12/02/99 003610
REFUND:SEC.DEPOSIT/ROOM RENTAL
REFUND:SEC.DEPOSIT/ROON RENTAL
qST QTR COMM. GRANT FUNDING
REPAIR/MAINT.EQUIPMENT:PW
SALES TAX
LEGISLATIVE WKSHP:12/13:D.H.
RECRUIT ADS:DEV.SVCS.ADMIN.
TRANSPORTATION FEE:XNAS PARADE
REFUND: MUSIC-PLAY BY EAR
SEPT*NOV REG.NGMT ACADEMY:TM
REG.OFFICE ACAD.:DL:10/26&11/3
REG.OFFICE ACAD.:KS:lO/26&11/3
TRANSPORTATION FEE:XMAS PARADE
RFND:EXCURSION-BIRCH AQUARIUM
190'183-4990
190'2900
190-180'999~5286
001'164-601-5215
001-164'601-5215
001-161-999'5261
190-180-999-5254
190'183'999-5370
190-183~4982
001-140'999'5261
001-150-999-5261
280-199-999-5261
190-183-999-5370
190-183-4986
INSTALL DISTANCE MTR ON PW TRK 001-164-601-5214
OLD FASHIONED CHRISTMAS PRGN
HYDROSEED ANPITHEATER SLOPE
3 YEAR ON-SITE COMP. WARRANTY
RES,IMPROVEMENT PRGM:C.SENTLEY
RES,IMPROVEMENT PRGN:L.ORTIZ
DIAMOND GARAGE DOOR INC RES,IMPROVENENT PRGM:M,SAUCEDO
DIAMOND GARAGE DOOR IMC RES.IMPROVENENT PRGH:R,WILSON
DIAMOND GARAGE DOOR INC CREDIT:HOMEOWNER#S PMT PORTION
DOMENOE, JiM REINS:PRINTER FOR MALL P.D.STN
280*199-999-5362
190-182-999-5212
320-1970
165'199'813-5804
165-199'813'5804
165'199'813'5804
165'199-813-5804
165'199'813-5804
001-170-999-5604
ITEM
AMOUNT
50.44
131.36
17.43
26.93
2,180.00
2,280.00
35.00
100.00
10,000,00
557,10
31.55
55.00
110.50
300.00
25.00
1,750.00
239.00
239.00
300.00
10.00
397.71
250.00
400.00
3,502.00
150.00
1,500.00
760.00
422,00
125.00-
269.36
PAGE 2
CHECK
AMOUNT
50.44
148.79
26.93
4,460.00
135.00
10,000.00
588.65
55.00
110.50
25.00
2,228.00
300.00
10.00
397.71
250.00
400.00
3,502.00
150.00
1,500.00
1,057.00
VO~2CHRE2 CITY OF TEMECULA PAGE 5
'99 12:18 VOUCHER/CHECK REGISTER
FOR ALL PERKIOS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
S9374 12/02/99 001669 DUNN EDWARDS CORPORATiO SUPPLIES FOR GRAFFITI REMOVAL 001-164-601-5218
47,95
47.95
59375 12/02/99 003572 EAGLE AERIAL PHOTOGRAPH CITY~IDE AERIAL PHOTO UPDATE 001-164-604-5250
59375 12/02/99 0035~2 EAGLE AERIAL PHOTOGRAPH FREIGHT 001-164-604-5250
59375 12/02/9{) 003572 EAGLE AERIAL PHOTOGRAPH SALES TAX 001-164-604-5250
1,539.90
75.00
89.12
1,704,02
S9376 12/02/99 002390 EASTERN MUNICIPAL ~ATER BLUEPR]HTS FOR ENGINEERING DPT 210-165-706-5801
17.93
17.93
59377 12/02/99 002060 EUROPEAN DELI& CATERIN REFRESHMENTS:OLD TOWN MTG:11/9 001-161-999-5260
94,86
94.86
59378 12/02/99 003958 EXCEL HARDWARE
59378 12/02/99 003958 EXCEL HARDMARE
SUPPLiES:RELOC. MUG. ARTIFACTS 190-185-999-5212
SALES TAX 190-185-999-5212
131.71
10.21
141.92
59379 12/02/99 002037 EXPANETS 52 BUTTON SERIES PHONES (6) 320-199-999-5242
59379 12/02/99 002037 EXPANETS SALES TAX 320-199-~9-5242
1,502,16
113,00
1,615.16
59380 12/02/99 000478 FAST SIGNS OVERLAND BRIDGE BANNERS 210~165-604-5801
59380 12/02/99 000478 FAST SIGNS SALES TAX 210'165-604-5801
59380 12/02/99 000478 FAST SIGNS INSTALL VEH.#/CiTY SEAL:PW VEH 001'163-999'5214
59380 12/02/99 OOO478 FAST SIGNS INSTALL VEH.#/CITY SEAL:PW VEH 001-165'999'5214
679.12
43.91
66.81
(~.80
856.64
' '~81 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-110-999-5230
1 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-150-999-5230
,61 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-140-999-5230
59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-162-999-5230
59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-161-999-5230
59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAiL SERVICES 001-162-999-5230
59381 12/02/99 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-165-999-5230
59381 12/02/99 000165 FEDERAL EXPRESS INC CREDIT: BiLLiNG ERROR 001-161-999-5230
14.95
11.73
23.75
113.97
10.12
33,96
10,12
10.12-
208.48
59382 12/02/99 002832 FENCE BUILDERS
INSTALL GATES @ DUCK POND 190-180-999-5212
820.00
820.00
59383 12/02/99 003337 FENCE COMPANY, THE RES.iMPROVENENT PRGM:M.KAZEN 165-199-813-5804
59384 12/02/99 0001(~ FIRST AMERICAN TITLE CO LOT BK REPORT:31117 CAMINO VER 165-199-813-5804
59384 lZ/02/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT:30163 CUPENO 165-199-813-5804
59384 12/02/99 000166 FIRST AMERICAN TITLE CO LOT BK REPORT:31307 BOCAW CIR. 165-199-813-5804
59384 lZ/02/99 000166 FIRST AMERICAN TITLE CO LOT BK REPORT:31315 BOCAW CIR. 165-199-813-5804
3,200.00
150.00
150.00
150.00
150.00
3,200.00
600.00
59385 12/02/99 003347 FIRST BANKCARD CENTER XX-S288:SJ:SAN JOSE CONF. 001-120-999-5258
59385 12/02/99 003347 FIRST BANKCARD CENTER XX*SZ88:SJ:PROF. MEETING 001-100-999-5260
59385 12/02/99 003347 FIRST BANKCARD CENTER XX-5288:SJ:COWPUTER SVCS 320-199-999-5211
59385 12/02/99 003347 FIRST BANKCARO CENTER XX-5288:SJ:OFFICE SUPPLIES 001-120-999-5220
59385 12/02/99 005547 FIRST BANKCARD CENTER XX-1405:DU:PROF. MEETINGS 001-161-999-5260
59386 12/02/99 000170 FRANKLIN QUEST COMPANY DAY PLANNER SUPPLiES:PLANNING 001-161-999-5220
474,24
79.41
485.26
69.10
63,10
62.84
1,171.11
59387 12/02/99 000795 FRED PRYOR SEMINARS MICROSOFT SEM.~]110325:SW:1/26 001-162-999-5261
59.00
59.00
'~288 12/02/99 000184 G T E CALIFORNIA - PAYM NOV:909-197*OO74:GENERAL USAGE 320-199-999-5208 255.06
B 12/02/99 000184 G T E CALIFORNIA - PAYM NOV:909-506-2626:TEM.P.D. 001-170-999-5229 336.96
VOUCHRE2 CZTY OF TENECULA PAGE 5
'99 12:18 VOUCHER/CHECK REGISTER
FOR ALL PERICX)$
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT
CHECK
AMOUNT
59408 12/02/99 000220 MAURICE PRINTERS INC SALES TAX 001-140-999-5222 3.10
59408 12/02/99 000220 MAURICE PRINTERS INC BLANK PAPER SUPPLY FOR CAFR 001-140-999-5222 131.00
59408 12/02/99 000220 MAURICE PRINTERS INC SALES TAX 001-140-999-5222 10,15
59408 12/02/99 000220 MAURICE PRINTERS INC 6/30/99 CAFR COVERS AND BACKS 001-140-999-5222 841.00
59408 12/02/99 000220 MAURICE PRINTERS INC SALES TAX 001-140-999-5222 65.18
59408 12/02/99 000220 MAURICE PRINTERS INC CAFR DIVIDER TABS 001-140-999-5222 986.00
59408 12/02/99 000220 MAURICE PRINTERS ]NC SALES TAX 001-140-999-5222 76.42
2,152.85
59409 12/02/99 000843 MCDANIEL ENGINEERING OCT PROF SVCS:PALA RD BRIDGE 210-165-631-5802 714.48
714.48
59410 12/02/99 001384 MINUTEMAN PRESS QTY 5000 WINDC)~ ENVELOPES 001-140-999-5222 262.22
59410 12/02/99 001384 MINUTEMAN PRESS SALES TAX 001-140-999-5222 20.32 282.54
59411 12/02/99 000230 MUNXFINANCIAL
ARBITRAGE REBATE SVCS:TCSD 390-199-999-5248 1,250.00 1,250.00
59412 12/02/99 003039 MURRIETA VALLEY HIGH SC TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 300.00
300.00
59413 12/02/99 003139 NATIONAL COMMUNICATIONS INSTALL ANTENNAS:CRC/STN #84 320-199-999-5250 685.00
59413 12/02/99 003139 NATIONAL COMMUNICATIONS CABLE INSTALL @ SR CTR/STN #84 320-199-999-5250 1,520.00
2,205.00
59414 12/02/99 NATIONAL INFORMATION DA ZIP CODE DIRECTORY:TEM.P.D. 001-170-999-5228 46.90 46.90
12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 350 W-2 FORMS #X41 001-140-999-5222 86.57
.j 12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 150 W-2 ENVELOPES ~A)W2 001-140-999-5222 26.30
59415 12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 250 1099 FORMS #TCM4 001-140-999-5222 58.98
59415 12/02/99 001584 NEWPORT PRINTING SYSTEM QTY 250 1099 ENVELOPES #DW19 001-140-999-5222 30.25
59415 12/02/99 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 10.00
59415 12/02/99 001584 NEWPORT PRINTING SYSTEM SALES TAX 001-140-999-5222 15.66
227.76
59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:CIP CONST.UPDATES 001-165-999-5256 472.26
59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:HALLOWEEN SPKTCLR 190-180-999-5254 177,07
59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:HALLOWEEN SPKTCLR 190-180-999-5254 88,53
59416 12/02/99 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:RDA ADVISORY COMM. 001-120-999-5254 160.68
898.54
59417 12/02/99 001710 NOVELL INC SUBSCRIPTION:APPNOTES:T.HAFELI 320-199-999-5228 89.00
89,00
59418 12/02/99 002292 OASIS VENDING KITCHEN SUPPLY/SERVICE:CITY HL 340-199-701-5250 515.92
515.92
59419 12/02/9<2 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & NL~INT 001-164-601-5214 96.64
59419 12/02/99 002105 OLD TC~4N TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 746.69
59419 12/02/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 95.92
939.25
59420 12/02/99 002668 OMEGA LAKE SERVICES DEC MAINT.SVCS:TEM.DUCK POND 190-180-999-5212
800.00
800.00
59421 12/02/99 003944 C~4NI CONCEPTS REPAIR/MAINT.SUPPLIES:CRC 190-182-999-5212 27.15
27.15
59422 12/02/99 002344 OSVOLD, HEIDA REINB:ICBO CERTIFICATION FEE 001-162-999-5261 170.00
170.00
59423 12/02/99 000667 P A P A PAPA CONF:I/20/OO:K.HARRZNGTON 190-180-999-5261 55.00
5Q~.73 12/02/99 000667 P A P A ANNUAL MEMBERSHIP:HARRINGTON 190-180-999-5226 27.00 82.00
VOUCHRE2
12/02/99 12:18
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
pAGr~ 6
VOUCHER/
CHECK CHECN VENDOR VENDOR ITEM ACCOUNT ITEM
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT
CHECK
AMOUNT
59424 12/02/99 003735 PACIFIC SELL
SALES TAX ON 2 CELL PHONES 320-199-999-5242
23.10
23.10
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-100-999-5208 386.29
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-110-999-5208 178.98
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-150-999-5208 89.89
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-163-999-5208 655.96
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-164-601-5208 163.78
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-164-604-5208 57.45
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-165-999-5208 7'56.82
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-161-999-5208 110.53
59425 12/02/99 003021 PACIFIC BELL NONILE SER NOV CELLULAR PHONE SERVICES 001-162-999-5208 997.88
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 280-199-999-5208 138.02
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 001-120-999-5208 118.94
59425 12/02/99 003021 PACIFIC BELL MONILE SER NOV CELLULAR PHONE SERVICES 001-140-999-5208 54.54
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PHONE SERVICES 190-180-999-5208 516.44
59425 12/02/99 003021 PACIFIC BELL MOBILE SER NOV CELLULAR PRONE SERVICES 320-199-999-5208 296.85
4,502.37
59426 12/02/99 003510 PALOMA VALLEY HIGH SCHO TRANSPORTATION FEE:XNAS PARADE 190-183-999-5370 300.00
300.00
59427 12/02/99 003218 PELA
OCT PLAN CHECK SVCS:PLANNZNG 001-161-999'5250 10,860.00 10,860.00
59428 12/02/99 002331 PEP BOYS INC
MISC.SUPPLIES FOR PW MAINT.CRW 001-164-601-5218 32.31
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
59429 12/02/99 000246
PERS (EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES~ RETIRE
PERS EMPLOYEES# RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS :EMPLOYEES' RETIRE
PERS :EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES~ RETIRE
PERS EMPLOYEES# RETIRE
PERS (EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEESI RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEESf RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
PERS EMPLOYEES' RETIRE
000246 PERS RET 001-2390 24,964.05
000246 PERS RET 165-2390 678.42
000246 PERS RET 190-2390 3,950.51
000246 PERS RET 191-2390 12.71
000246 PERS RET 193-2390 429.09
000246 PERS RET 194-2390 51.91
000246 PERS RET 280-2390 293.48
000246 PERS RET 300-2390 128.77
000246 PERS RET 320-2390 688.73
000246 PERS RET 330-2390 147.67
000246 PERS RET 340-2390 509.43
000246 PERS-PRE 001-2130 186.31
000246 PERS-PRE 190-2130 11.24
000246 PERS-PRE 191-2130 2.81
000246 PERS-PRE 193-2130 33.72
000246 PERS-PRE 194-2130 8.42
000246 SURVIVOR 001-2390 82.54
000246 SURVIVOR 165-2390 1.87
000246 SURVIVOR 190-2390 15.05
000246 SURVIVOR 191-2390 .05
000246 SURVIVOR 193-2390 1.80
000246 SURVIVOR 194-2390 ,22
000246 SURVIVOR 280-2390 .92
000246 SURVIVOR 300-2390 .46
000246 SURVIVOR 320-2390 1.86
000246 SURVIVOR 330-2390 .93
000246 SURVIVOR 340-2390 2.18
3Z,Zr ~
V~CHRE2 CITY OF TEMECULA PAGE 7
'99 12:18 VOUCHER/CHECK REGISTER
FOR ALL PERIQOS
VOUCHER/
CHECK CHECK VENDOR
NUMBER DATE NUMBER
VENDOR ITEM ACCOUNT
NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
59430 12/02/99 000249
PETTY CASH PETTY CASH REIMBURSEMENT 190-180*999-5260
PETTY CASH PETTY CASH REIMBURSEMENT 190-2920
PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260
PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5242
PETTY CASH PETTY CASH REIMBURSEMENT 001-2175
PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320
PETTY CASH PETTY CASH REIMBURSEMENT 190-18~-999-5320
PETTY CASH PETTY CASH REIMBURSEMENT 001-2640
PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5220
PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5220
PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5220
PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260
PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5262
PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260
PETTY CASH PETTY CASH REIMBURSEMENT 190-1990
PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370
PETTY CASH PETTY CASH REIMBURSEMENT 001-2175
PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265
PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260
PETTY CASH PETTY CASH REIMBURSEMENT 190-182-999-5212
PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370
I~/02/99 003831 PHILLIPS COMPANY, THE ASSORTED DISPLAY BOXES: MUSEUM 190-185-999-5250
59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: PA98-0481 001-120-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0284 001-120-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: PA99-0348 001-161-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PH 355 001'120°999-5256
59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE:PA99-0271 001-161-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: PA99-0438 001-161-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE:PASEO DEL SOL 001-120-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE CUMPAN PUBLIC NOTICE: HIRAM HILL 001-120o999-5256
59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0285 001-120-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0273 001-120-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: ORD.#99-E7 001-120-999-5256
59432 12/02/99 000254 PRESS ENTERPRISE COMPAN PUBLIC NOTICE: PA99-0243 001-161-999-5256
10.00
13,99
18.89
27.21
50.00
29.50
49.44
4.29
10.76
34,48
32.27
7.00
35.25
31.94
16.49
21.40
16,26
8.30
30.62
16.95
2,380.00
25.25
22.25
19.50
16.75
21.25
20.25
6.50
7.75
15.00
6.75
9.00
25.50
480.04
2,380.00
195.75
59433 12/02/99 002776 PRIME MATRIX INC OCT CELLULAR PHONE SVCS:KL 001-100-999-5208
59433 12/02/99 002776 PRIME MATRIX INC OCT:5001377:SR VAN 190-180-999-5208
59433 12/02/99 002776 PRIME MATRIX INC OCT:5OO2330:CITY VAN 190-180-999-5208
34.50
39.85
25.35
99.70
59434 12/02/99 003621 Q WEST L C I INTL TELEC OCT LONG DISTANCE SVCS:CITY HL 320-199-999-5208
8.26
8.26
59435 12/02/99 003308 R D 0 RENTAL COMPANY MISC. RENTAL EQUIPMENT:PW 001-164-601-5238
782.27
782.27
59436 12/02/99 000981 R H F INC
RADAR EQUIP REPAIR & HAINT 001-170-999-5215
103.06
103.06
59437 12/02/99 000728 RAMSEY BACKFLOU & PLUMB BACKFLOW DEVICE TESTING/REPAIR 193-180-999-5212
59437 IZ/02/99 000728 RAMSEY BACKFLOW & PLUMB BACKFLOW DEVICE TESTING/REPAIR 193-180-999-5212
30,00
30.00
60,00
12/02/99 000947 RANCHO BELL BLUEPRINT C MISC. SUPPLIES FOR PW ADMIN 001-164-604-5268 3.23
VOUCHRE2 CITY OF TENECULA PAGE~8
12/02/g9 12:18 VOUCHER/CHECK REGISTER
FOR ALL PERIO)S
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT iTEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
59438 12/02/99 000947 RANCHO BELL BLUEPRINT C REPAIR LEVEL SURVEY EGUIP:CIP 001-165-999-5215 30.00
33.23
59439 12/02/99 000262 RANCHO CALIF WATER DIST VARIOUS WATER METERS 190-180-999-5240 1,~1.41
59439 12/02/99 000262 RANCNO CALIF ~TER O1ST VARIOUS WATER METERS 191-180-999-5240 55.85
59439 12/02/99 000262 RANCNO CALIF WATER DIST VARIOUS WATER METERS 193-180-999-5240 6,369.91
59440 12/02/99 RANCHO-TENECULA AREA WO RFND:BANNER PERMIT:LD99-OOBSE 001-163-4380 50.00
8,107.17
50.00
59441 12/02/99 REEVESe MICHAEL C. TTEE REFUND: ENG.DEPOSIT:LD98'132GR 001-2670
995.00
59442 I?/02/99 000955 RIVERSIDE CO SHERIFF BI JUL BIKE PATROL SVCS 001-170-999-5326 3,500.25 3,500.25
594/+3 12/02/99 000406 RIVERSIDE CO SHERIFFS D CAL-ID FY 99-00 ASSESSMENT 001-170-999-5284 35,378.00 35,378.00
59444 12/02/99 002181 RIVERSIDE CONSTRUCTION OCT PRGS PMT~8:HARG/OVRLD:9707 210-165-681-580~ 17,724.44
59444 12/02/99 002181 RIVERSlOE CONSTRUCTION OCT C/O PMT#8:NARG/OVRLD:97-07 210-165-681-5804 27,160.00
59444 12/02/99 002181 RIVERSIDE CONSTRUCTION OCT C/O PMT~:MARG/OVRLD:97-07 210-165-~1-5804 7,515.00-
59444 12/02/99 002181 RIVERSIDE CONSTRUCT]ON RET.W/H PMT~:MARG/OVRLD:97-07 210-2035 3,7~6.94-
59444 12/02/99 002181 RIVERSIDE CONSTRUCTION OCT C/O PMT#B:WINCH/YNEZ:97-06 210-163-683-5804 8,335.13
59444 12/02/99 002181 RIVERSIDE CONSTRUCTION RET.W/H PMT#8:WINCH/YNEZ:97-06 210-2035 833.51-
59444 12/02/99 002181 RIVERSlOE CONSTRUCTION OCT PRGS PMT#22:R.C./I-15:9512 210-165-601-5804 750.00
59444 12/02/99 002181 RIVERSIDE CONSTRUCTION RET.W/R PNT#22:R.C./I-15:95-12 210-2035 37.50-
59444 12/02/99 002181 RIVERSIDE CONSTRUCTION APPLIED CREDIT ON INV# 990912 210-165-681-5804 7,515.00
59444 12/02/99 002181 RIVERSIDE CONSTRUCTION REVERSE RETENTION 210-2035 751.50-
48,6,
59445 12/02/99 003282 RIVERSIDE CONSTRUCTION- RETENTION TO ESCR~ ACCT 210-1035 37.50
37.50
59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO EC DEV ROOM RENOVATION CM AREA 001-111-999-5269 1,091.20
59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO EC DEV ROOM RENOVATION CM AREA 001-110-999-5601 668.80
59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO CONSTRUCT STORAGE CABINET CM 001-111-999-5269 620.47
59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO CONSTRUCT STORAGE CABINET CM 001-110-999-5601 380.28
59446 12/02/99 003743 ROBERT BYRD CONSTRUCTIO CREDIT:PENDING PURCHASE ORDER 001-111-999-5269 93.00-
59446 12/02/99 003743 ROBERT BYRD CORSTRUCTIO CREDIT:PENDING PURCHASE ORDER 001-110-999-5601 57.00-
2,610.75
59447 12/02/99 003001 ROSS FENCE COMPANY RES.IMPROVEMENT PRGM:R.NE~NAN 165-199-813-5804 4,290.00
4,290.00
59448 12/02/99 SALNI, SINA D. REFUND: SECURITY DEPOSIT 190-2900 100.00
100.00
59449 12/02/99 003843 SCREEN DOCTOR, THE RES.INPROVEMENT PRGN:NIDDLETOR 165-t99-813-5804 37q9.71
379.71
59450 12/02/99 002384 SECURE BUSINESS CONMUNI AUOIO/VIDEO MAINTENANCE 320-199-999-5250 600.00
600.00
59451 12/02/99 003506 SHIVELA MIDDLE SCHOOL B TRANSPORTATION FEE:XNAS PARADE 190-183-999-5370 200.00
ZO0.O0
59452 12/02/99 000645 SMART & FINAL INC NISC. SUPPLIES:SPECIAL EVENTS 190-183-999-5370 30.83
30.83
59453 12/02/99 000537 SO CALIF EDISON NOV:2-11-OO7-O455:6TN ST 001-16~-603-5240 354.69
59453 12/02/99 000537 SO CALIF EDISON NOV:Z-14-204-1615:FRON ST RDIO 340-199-701-5240 18.37
59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-18A-1824:R.C. TC1 191-180-999-5319 163.51
59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-525-2143:RNBW CYN TCl 191-180-999-5319 107.26
59453 12/02/99 000537 So CALIF EDISON NOV:2-18-937-3152:NORENO RD 190-185-999-5240 402.67
VQU~CCHRE2 CITY OF TEMECULA PAGE 9
'99 12:18 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT
CHECK
AMOUNT
59453 12/02/99 000537 SO CALIF EDISON NOV:Z-19-111-4834:BEDFORD CT. 191-180-999-5319 75.76
59453 12/02/99 000537 SO CALIF EDISON NOV:2-O2-351-4946:SENIOR CTR 190-181-999-5240 722.81
59453 12/02/99 000537 SO CALIF EOISON NOV:2-OO-397-5067:VARIOUS MTRS 191-180-999-5240 14.26
59453 12/02/99 000537 SO CALIF EDISON NOV:2-OOo397-5067:VARIOUS MTRS 193-180-999-5240 814.14
59453 12/02/99 000537 SO CALIF EOISON NOV:Z-18-348-6315:NARG.RD.TC1 191-180-999-5319 106.68
59453 12/02/99 000537 SO CALIF EDISON NOV:Z-18-O49-6416:FRONT ST PED 001-164-603-5319 259.38
59453 12/02/99 000537 SO CALIF EDISON NOV:Z-19-321-6512:HWY 79 191-180-999-5319 144.28
59453 12/02/99 000537 SO CALIF EDISON NOV:2-18-SSS-7006:NORENO RD 191-180-999-5319 118.02
59453 12/02/99 000537 SO CALIF EDISON NOV:Z-18-799-7911:MORENO RD 191-180-999-5319 75.40
59453 12/02/99 000537 SO CALIF EDISON NOV:2-20-347-8409:MCCABE/TMS 190-180-999-5240 5,525.23
59453 12/02/99 000537 S0 CALIF EDISON NOV:Z-19-171-8568:WED.CHAPEL 190-185-999-5240 40.43
59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-999-9442:VARIOUS MTRS 191-180-999-5319 302.49
59453 12/02/99 000537 SO CALIF EDISON NOV:2-19-999-9442:VARIOUS MTRS 193-180-999-5240 13.82
9,259.20
59454 12/02/99 000519 SOUTH COUNTY PEST CONTR NOV PEST CONTROL SVC:MAINT.FAC 340-199-702-5250 40.00
40.00
59455 12/02/99 000574 SUPERTONER NOV LASER PRINTER MAINTENANCE 320-199-999-5215 625.00
59455 12/02/99 000574 SUPERTONER HP TONER SUPPLIES 320-199-999-5221 281.83
906.83
59456 12/02/99 003449 T H E SOILS COMPANY SEP GEOTECH.SVCS:MARG/OVERLAND 210-165-681-5804 1,858.00
59456 12/02/99 003449 T H E SOILS COMPANY NOV PROF SVCS:WINCH/YNEZ:97-06 210-165-683-5804 850.00
2,708.00
12/02/99 003599 T Y LIN INTERNATIONAL OCT CONSTR.SUPPORT SVCS:OVRLND 210-165-604-5804 300.00
59458 12/02/99 003770 TAC PROFESSIONAL STAFFI TEMP HELP W/E 10/30 BRAGG 001-165-999~5118 907.20
59459 12/02/99 000305 TARGET STORE MISC. SUPPLiES:SPECIAL EVENTS 190-183-999-5370 78.74
300.00
907.20
78.74
59460 12/02/99 001672 TEMECULA DRAIN SERV & P T.V. MUSEUM PLUMBING SERVICE 190-185-999-5212 52.00 52.00
59461 12/02/99 000307 TEMECULA TROPHY COMPANY RETIREMENT PLAQUE:A.CRISP 001-163-999-5250 110.12
59461 12/02/99 000307 TEMECULA TROPHY COMPANY RECOGNITION PLAQUE:A.CRISP 001-150-999-5265 161.19
271.31
59462 12/02/99 000311 TEMECULA VALLEY HIGH SC TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 300.00
300.00
59463 12/02/99 TERRANOVA, LISA REFUND: ART/CRAFTS*CARTOONING 190-183-4982 20.00
20.00
59464 12/02/99 003545 THINK JACOBSON & ROTH C/O #1 PNT:DESIGN SVCS:MUSEUM 210-190-808-5804 7,250.00
7,250.00
59465 12/02/99 002766 THOMAS BROTHERS MAPS ANNUAL DATABASE LICENSE AGRMNT 001-161-610~5250 2,693.75
2,693.75
59466 12/02/99 003508 THOMPSON MIDDLE SCHOOL TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 200.00
200.00
59467 12/02/99 001483 TOM DODSON & ASSOCIATES OCT CONSULTING SVCS:IST ST BRG 280-199-807-5804 372.10
372.10
59468 12/02/99 003858 TOM RONEY ROOFING RES.IMPROVEMENT PRGM:B.KIZIK 165-199-813-5804 5,000.00
5,000.00
59469 12/02/99 003507 TOMAS RIVERA MIDDLE SCH TRANSPORTATION FEE:XMAS PARADE 190-183-999-5370 200.00
200.00
~Q/-70 1Z/)2/99 003539 TOP GUN PAINTING RES.IMPROVEMENT PRGM:L.JIMENEZ 165-199-813-5804 1,800.00 1,800.00
VDUCHRE2
12/02/99
VOUCHER/
CHECIC
NUMBER
59471
59472
59473
59473
5967~
5947~
59475
59476
59~77
12:18
CHECK
DATE
12/02/99
12/02/99
12/02/99
12/02/99
12/02/99
12/02/99
12/02/99
12/02/99
12/02/99
12/02/99
12/02/99
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIOUS
VENDOR VENDOR ITEM
NUMBER NAME DESCRIPTION
003228 U S 8ANK TRUST NATIONAL ANNUAL TRUSTEE ADMIN FEES:TCSD
001342 WAXZE SANITARY SUPPLY I CITY HALL MAINTENANCE SUPPLIES
001342 WAXIE SANITARY SUPPLY I CRC MAINTENANCE SUPPLIES
003730 WEST COAST ARBORISTS IN OCT CITYWIDE TREE TRIMMING SVC
003730 WEST COAST ARBORISTS IN TREE TRIMMING SVCS:SADDLEWO00
003730 WEST COAST ARBOR%STS IN TREE TRIMMING SVCS:VINEYARDS
003756 WHITE HOUSE SANITATION NOV RESTRC)C3N MAINT:BUTTERF[ELD
000345 XEROX CORPORATION BILL% OCT BASE CHARGE: 5343 COPIER
000345 XEROX CORPORATION BILLI OCT BASE CHRG:DC20 COPIER
003973 YATES & ASSOCIATES OCT LEGAL SERVICES
000348 ZIGLER~ GAIL
ACCOUNT
NUMBER
390-199-999-5227
190-182-999-5212
001-16/,-601-5402
193-180-999-5415
193-180-999-5415
190-180-999-5250
330-199-999-5217
001-171-999-5215
300-199-~99-5246
REIMB:CITY'S 10 YR CELEBRATION 001-100-999-5270
iTEM
AMOUNT
4,180.00
209.25
266.54
7,107.00
112.00
28.00
50.00
242.77
148.70
887.35
84.83
PAG.E.~IO
CHECK
AMOUNT
7,247.00
50.OO
391.47
887.35
84.83
TOTAL CHECKS
326,522.28
VOIlCHRE2 CiTY OF TEMECULA PAGE 2
· 99 15:04 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE
001 GENERAL FUND
210 CAPITAL ZNPROVEMENT PROJ FUND
280 REDEVELOPRENT AGENCY - CIP
INSURARCE FUND
AMOUNT
8,826.24
141,277.18
25,038.70
81,650.00
TOTAL 256,792.12
VOUCHRE2 CITY OF TEMECULA PAc=- 1
12/02/99 15:04 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK
NUMBER
59480
59481
59481
59481
59481
59482
59482
59482
59482
59483
59483
59484
59485
CHECX VENDOR VENDOR ITEM ACCOUNT
DATE NUMBER NAME DESCRIPTION NUMBER
12/14/99
12/14/99
12114199
12/14/99
12/14/99
12/14/99
1Z/14/99
12/14/99
12/14/99
12/14/99
12/14/99
12/14/99
12/14/99
000128 CAL SURANCE ASSOCIATES
RENEW ANN'L LIABILITY INS:C.H. 300-1655
003659 J K WEIGLE ENGINEERING REPLACE STREET SIGNS:CITYWiDE 210-165-613-5804
003659 J N WEIGLE ENGINEERING RET.W/H PMT#1:ST,SIGNS:98-18 210-2035
003659 J K WEIGLE ENGINEERING CREDIT:EXCEEDS CONTRACT AMOUNT 210-165-613-5804
003659 J K WEIGLE ENGINEERING REVERSE RETENTION 210-2035
000944 MCCAIN TRAFFIC SUPPLY I TRF.SGNL POLE/CNTRL:MARG/PAUBA
000944 NCCAIN TRAFFIC SUPPLY I SALES TAX
000944 NCCAIN TRAFFIC SUPPLY I TRF,SGNL POLES:MARG/PIO PICO
000944 MCCAIN TRAFFIC SUPPLY I SALES TAX
210-165-699-5804
210-165-699-5804
210-165-700-5804
210-165-700-5804
002993 PARSONS BRINCKERHOFF QU DESIGN SVCS:R.C./I15 OFF RAMP 001-165-999-5248
002993 PARSONS BRINCKERHOFF QU JUN*AUG DESIGN SVCS:WINCN.RAMP 210-165-697-5802
003829 SAFEWAY SIGN COMPANy MFG FRaY SIGN FOR OLD TO~N 280-199-829-5804
003545 THINK JACOBSON & ROTH DESIGN SERVICES:TEN.MUSEUM 210-190-808-5804
ITEM
AMOUNT
81,650.00
40,611.30
4,061.13'
.01
7,884.60
611.06
7,199.96
558.00
8,826.24
59,887.52
25,038.70
28,586.00
CHECK
AMOUNT
81,650.00
36,550.04
16,253.62
68,713.76
25,038.70
28,586.00
TOTAL CHECKS 256,792112
ITEM 4
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Roberrs, Director of Finance
December 7, 1999
Financial Statements for the Three Months Ended September 30, 1999
PREPARED BY:
Tim McDermott, Assistant Finance Director
William B, Pattison, Senior Accountant ~/!
RECOMMENDATION: That the City Council receive and file the Financial Statements for
the Three Months Ended September 30, 1999.
DISCUSSION: The attached financial statements reflect the unaudited activity of the City
for the three months ended September 30, 1999. Please see the attached financial statements
for an analytical review of financial activity.
FISCAL IMPACT: None
ATTACHMENTS:
Combining Balance Sheet as of September 30, 1999
Statement of Revenues, Expenditures and Changes in Fund Balance for
the Three Months Ended September 30, 1999
Combining Balance Sheet (Internal Service Funds) as of September 30,
1999
Statement of Revenues, Expenses and Changes in Retained Earnings
(Internal Service Funds) for the Three Months Ended September 30,
1999
Combining Balance Sheet (Community Facilities Districts) as of September
30, 1999
Statement of Revenues, Expenditures and Changes in Fund Balance
(Community Facilities Districts) for the Three Months Ended September
30, 1999
CITY OF TEMECULA
Combining Balance Sheet as of September 30,
1999 and the
Statements of Revenues, Expenditures and
Changes in Fund Balance
For The Three Months Ended
September 30, 1999
and the
Statement of Revenues, Expenses and Changes
in Retained Earnings
For The Three Months Ended
September 30, 1999
(Unaudited)
Prepared by the Finance Department
City of Temeeula
CombinlnE Balance Sheet
As of September 30, 1999
General Gas Tax R.C. Reimb Dev Impact CDBG
Fund Fund Dislxict Fund Fund
Assets:
Cash and investments S 12,786,271 S 187,392 $ 6,436,753
Receivables 3,028,839 $ 80,392 136,629
Due from other funds 4,937 40,362
Advancea to other funds 1,187,081
Land held for resale 530,401
Total assets
Liebilities and fund balances:
Liabilities:
Due to other funds
Other current liabilities
Defen~d revenue
100
17,537,529 $ 80,392 $ lg7,392 $ 6,613,744 $ 100
S 100
17,770
3,782,285
268,910
Total liabilities 4,068,965 1 O0
Fund balances:
Reserved
Designated
Undesignated
Total fired balances
Total liabilities
and fund balances
2,766,078
7,663,019 $ 80,392
3,039,467
187,392 $ 6,613,744
13,468,564 80,392 187,392 6,613,744
$ 17,537,529 $ 80,392 $ 187,392 $ 6,613,744 $
100
Please note that these balances are unaudited
City of Temecula
Col~binin~ Balaftc~ Sheet
As of Seplember 30, 1999
Cash and investments
Receivables
Due from other funds
Advance~ to other funds
Land held for resale
Total sssets
Liabilities and fund balnnces:
Liabilities:
Du~ to oth~ funds
~ ~utr~at liabilities
I~f~ted revenu~
Total liabilities
MargP, d
2766 M~asure *A" CIP Rdm Dist
Fmld Fund Fund Fund
Total
60,601 $ 2,177,834 $ g,475,738 $ 30,124,689
13,525 159,205 2,112,429 5,531,019
45;.99
1,1g7,0gl
530,401
74,126 $ 2,337,039 $ 10,588,167 $ 37,413,489
$ 40,362 $ 58,132
47;.17 $ 5,263,396 9,092,998
268,910
47,217 5;.63,396 40,362 9,420,040
Fund balances:
Rescrged
Designated
UndesiEna~d
Total fund balances
Total liabilities
and fund balances
8,806,635 11,572,713
74,126 2;.89,822 (3,481,364) 13,426,631
(40,362~ 2,999,105
74,126 2,289,822 5,324,771 {40,362.) 27,998,449
$ 74,126 $ 2,337,039 $ 10,588,167 $ 37,418,489
Please note that th~se balances are unaudited
City of Temccula
Statement of Revenues, ~Expenditures and Changes in Fund Balance - Budget and Actual
~ Fund
'~',r the Three Months Ended Septemb~ 30, 1999
Sales tax $ 12,487,000 $ 3,017,018
Developmental services:
Planning 409,000 150,480
Building &safety 1,762,500 649,190
Engjneenng 1,200,000 870,667
Fire plan ch~k and respection 220,000 129,2.88
Cn-ants 103,600 56,421
AB3229 (COPS) 106,000 108,643
Motor vehicle in lieu 2,127,000 604,975
P~ tax 1300,600 38,071
Properly Iransfer tax 295,000 35,202
Franchise fe~s 1,311,500 201,183
Transient occupancy ~ 1,036,000 284,930
Reimbursements 110,037
Reimbursements from TCSD 162,000 40,500
Reimbursements from RDA 125,000 31,250
Reimbursements from CIP 1,553,000 239,482
Investment interest 925,000 295,857
Bu.(mess licenses lgS,000 18,946
Vehicle code frees 170,000 89,944
scellaneous 35,000 10,235
.ds &proposals 20,000 2,644
Parking citations/impound fees 107,500 2 1,510
Operating transfers in 881,100 149,225
Total Revenues $ 26,521,800 $ 7,155,698
Percent
of Budget
24%
37% (l)
37% (1)
73% (1)
59% (1)
54% (2)
102% (3)
28%
3% (4)
12% (5)
15% (6)
28%
(7)
25%
25%
15% (8)
32%
10% (9)
53% (10)
29%
13%
20%
17%
27%
Ci~ of Tesaec~a
Slaunnent of Revenues, Expenditures and Changes in Fund Balance - Bratget and Actual
Gas Tax Fund
For the Three Months Ended Septt~nber 30, 1999
Section 2105~2107
Total Revenues
Expenditures:
Opetsting transfers out
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 1999
Ending Fund Balance, September 30, 1999
Ann~
Amended YTD
BudSet Activity
$ 876,600 $ 228,531
4,500 1,086
881,100 229,617
881,100 149,225
80,392
S S 80,392
Total
Activity
$ 228,531
1,086
229,617
149,225
Pe~ent
of Budget
26%
24%
26%
17%
5
CityofTengeula
S~t of Reveaxu~, Expenditures and Changes in Fund Balan~ - Budget and Actual
Rancho Califonua Road Reimbutmxxeat DisUict
For the Thf~ Months Ended Sept~nber 30, 1999
Inveslment interest
A~nu~
~ YTD
Bud~e~ Activity
Total
AcU~ity
P~mx~ut
of Budffet
Revanu~ Over/COurier) Ex'lgnditures
Be~inninE Fund Balance, July 1, 1999
Ending Fund Balance, September 30, 1999
$ 187,392 187,392
187,392 $ 187,392
City of Ternecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Development Impact Fund
cor the Three Months Ended September 30, 1999
Annual
Amended YTD
Budget Activity
Public facilities $ 30,000 $ 294,348
Quimby 202~600 61,556
Street improvements 2~450,000 244,869
Traffic signals 420,900 51.176
Parks 1,004,700 365,463
Corporate facilities 296,800 80,965
Fire protection 731700 20,282
Library 217,400 73,669
Investment interest 75,427
Total Revenues 4,696, 100 1267,755
Expenditures:
Operating transfers out
9,091,135
Encumbrance
Total
Activity
$ 294,348
61,556
244,869
51,176
365,463
80,965
20,282
73,669
75,427
1,267,755
981% (I)
30%
I0% (I)
12%
36%
27%
28%
34%
27%
(2)
Revenues Over/(Under) Expenditures (4,395,035) 1,267,755
ginning Fund Balance, July I, 1999 5,345,989 5345,989
Ending Fund Balance, September 30, 1999
$ 950~954 $ 6.613~744
Notes:
(1) The variance is due to RSA and park fees that were required to be collected on a project. These fees were budgeted
under the current development impact fee structure.
(2) The variance in operating transfers out is due to the timing of when D1F funded CIP projects are started and costs are
incurred.
City of Tcmccuin
St~t~z~lt ofRev~lu~, Expenditttres and Cha~es in Fund Balance - Budget and Actual
Community Development Block Grant
For ~he Three Month~ Endai Sept~nber 30, 1999
Annual
Amended YTD Total
Budget Activity Encumbr. Activit~
Grunt revenue $ ~56,600
Total Revenue~ 556,600
ExpendiUu~:
Other outsid~ serfices 42,750
Operating Uansfers out 513,850
Total Expenditures 556,600
Revenues Over/(Undet) Expenditures
Beginning Fund Balnnce, July 1, 1999
Ending Fund Balance, September 30, 1999 $
(1) The variance is due to the Pujol Street Sidewalk, Senior Center Ex'pan~ion, and Spor~ Park Tot Lot Upgrade projects
not starting during the fffst quarter.
Percent
of Budget
(i)
(1)
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and A~tual
AB 2766 Fund
~-- - she Three Months Ended September 30, 1999
Ann~
Amended YTD
Budget Activity
AB2766 $ 95,500 $ 13,0%
Investment interest 1,226
Total Revenues 95,500 14,302
Expenditures:
Operating transfers out 257,500
Total Expenditures 257,500
Revenues Over/(Under) Expenditures (162,000) 14,302
Beginning Fund Balance, July 1, 1999 59,824 59,824
Ending Fund Balance, September 30, 1999 $ ~102,176~ $ 74,126
Encumbr.
Total
$ 13,076
1226
14,302
Percent
of Budget
14% (1)
15%
(1) The variance in the AB2766 revenue is du~ to supplemental funding awarded to shc city that will bc received after
the related project costs are cemplctc.
9
City of Ternecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Three Months Ended September 30, 1999
Annual
Amended YTD
Budget Activity
Measure "A" $ 1,101,400 $ 399,850
Investment interest 26,407
Total Revenues I, I 01,400 426,257
Expenditures:
Debt service - principal 368,415 91,823
Debt service - interest 198,081 49.826
Operating transfers out 1,768,055
Total Expenditures 2,334,551 141,649
Revenues Over/(Undcr) Expenditures (1,233,151) 284,608
Beginning Fund Balance, July 1, 1999 2,005,214 2,005,214
Ending Fund Balance, September 30, 1999 $ 772,063 $ 2,289,822
Encumbr.
Total
Activity
$ 399,850
26.407
426.257
9~.823
49,826
141,649
Percent
of Budget
36%
39%
25%
25%
6%
l0
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Capital Improvement Projects Fund
%r the Three Months Ended September 30, 1999
Revenues:(l)
Annual
Amended YTD
Budget Activity
Operating transfers in $ I7,969.810 $ 2A25,000
Grants 7.454.600
Reimbursements 1,803,060 17,668
Investment interest 3,464
Article 3 (SB 821) 159,500
Total Revenues 27,386,970 2,146,132
Expenditures: ( 1 )
Rancho Ca Rd interchange
Overland overcrossing
Offramp widening at Rancho Ca Rd
Intersection monitonng system
Western bypass corridor
Street sign replacement
Traffic signals Bunerfield/Rancho Ca
Pala Rd. bridge
Diaz realignment
~ignal interconnect system
Nement management
~ 15/79S interchange (ultimate)
Pala Road improvements
Flashing signals at schools
Traffic signals Winchester/Enterprise
Diaz road extension at Date street
Margafita widening/Overland extension
Ynez/Winchester improvements
Winchester Rd. improvements
Storm drain Overland/Marganta
I 15/Winchester Road ramp improvements
Traffic signals Margafita/Pauba
Traffic signals Margarita/Pio Pico
Traffic signals Pala/Loma Linda
Butterfield Stage extension
Date street/Cherry Ove~ass
t 15/Santiago interchange
Margarita improvements Pio Pico/79S
Mumeta creek bridge R.C./~Vinchester
Mum eta creek bridge N. Winchester
Traffic signal controller upgrade
Mumeta creek bridge widening R.C.
115/Rancho Ca. Road ramp improvements
Traffic signal equipment installation
Traffic signals Marganta/DePorto]a
Traffic signals Margarita/Stonewood
Dcalized storm drain improvements
Nicholas road sidewalks
(continued)
93.270 61,847
6.952,294 3,112.504
738.966 368,552
614,000 382
1,337
102,000 191
117,300
6,866,134 1,511.358
805,893 27
38,487
975,000 52,290
195,000 1,337
400,000 53
31,000
22,455 282
149,823
1,833.769 1,469,302
443,433 289.417
73,962 1,287
114,173
866,107 359,044
278,442 17,621
220,334 1,144
117,300
300,000
725.000
145.900
210.000 33.698
270,000
270,000
39,000
270,000
767,000 397.296
210.000
117.300 3,196
120,000
135,000
75,000
$ 47.516
2,314,077
193.885
44,672
3,345.542
38.487
152.197
142,292
22.173
286.393
72,675
414,754
157,934
117,405
25.923
167,442
233,379
15.834
Total
Activity
2,125.000
17,668
3,464
2.146,132
109,363
5,426,581
562.437
382
1.337
44,863
4,856,900
27
38,487
204,487
143.629
53
22.455
1,755.695
300,623
73.962
114.173
773,798
175,555
118,549
25.923
201,140
630,675
19,030
Percent
of Budget
12%
I~
117% (2)
78%
76%
0%
44%
71%
0%
100%
21%
74%
0%
100%
96%
68%
100%
100%
89%
63%
54%
18%
96%
82%
16%
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Capital Improvement Projects Fund
For the Three Months Ended September 30, 1999
Annual
Amended YTD Total
Budget Activity Encumbr. Activity
Percent
of Budget
La Serena housing lighting 45,000 31,296 31,296
Pujol st. sidewalk improvements 219.612 199 29 228
Old Town south parking lot 294,730
Margarita community park 12,537 12,537 12,537
Hintergardt park improvements 281,300
Duck pond park 107,088 29.474 19,091 48,565
Maintenance yard
ADA sports park 95,000 3,705 3,705
Multi-trails system 345, 118 180,733 124,844 305,577
Winchester creek park 23,382 23.382 23,382
Community Recreation Center improvements 4,267
Sports park sidewalks 17,368 8,657 8,711 17.368
TVUSD tennis court lights 181,528 132,049 8,612 140.66 I
Bike path construction - citywide 47,500 176 324 500
Maintenance facility modification 576,303 162,987 14,985 177.972
Rotary park improvements 29,103 22.485 7.357 29,842
Senior center expansion 83,000 100 6,000 6.100
Butterfield stage park improvements 43.735 168 2.557 2,725
Children's museum 217,300
Civic center 75,000
Community theater 160,000
Conference center 75,000
Calle Aragon park drainage 68,800
Chaparral HS swimming pool 2,000,000
Desiltation pond 167.500
Margarita community park fencing 79.200
Northwest sports complex 640,000
Sports park field lighting 425,000
Sports park parking lot rehabilitation 206,500
Trails master plan 70,000
Museum 249,969 36,812 148.320 I 85,132
City hall improvements 1.373 1,373 1.373
Library 984, 102 2,957 2,957
70%
0%
100%
45%
4%
89%
I00%
100%
77%
1%
31%
103% (2)
7%
6%
74%
0%
Total Expenditures (Excluding Transfers)
33,525.390 8.294,525 8,299,786 16.590.044
49e/o
Revenues Over/(Under) Expenditures
(6, 138,420) (6, 148,393)
Operating Transfers Out
1,713,770
Revenues Over/(Under) Expenditures
and Operating Transfers
(7,852,190)
Beginning Fund Balance, July 1, 1999
11,473,164 I 1,473,164
Ending Fund Balance, September 30, 1999 $ 5.334,744 $ 5,324,771
( 1 ) The variances in CIP Fund revenues and in project expenditures are due to the timing of when the various projects
are actually started and costs are incurred.
(2) The variances are due to in house project administration costs incurred on projects carried over from the prior fiscal
year (and not included in the current C1P budget).
CiW of Temecula
Stalen~mt of P,~venues, Expenditures end Chan~es in Fund Balance - Budget and Actual
Marprim Road Reimbursement Distact
'~or the Yhree Morttin Ended Sep~nnber 30, 1999
Total Revenues
Total Expenditures
Revenues Over/CUnder) Expenditures
Beginning Fund Balance, July 1, 1999
Ending Fund Balance, September 30, 1999
Annual
Amendai YTD
Budget ActiviW
16,835
16,g35
$ (57,197) (57,197)
$ (57,197) $ (40,362)
To~I Perr~nt
Encumbr. Activi~ of Buyer
The dc~cit fund balance is being reduced by reimbunements paid by the Tomelax Hills development ,/hen building pernuts are
issued. Reimbursements are expected h3 be completed within the next year.
13
lntemd Sn~i. ee F,"~,
Comblnln8 Balance Sh~t
As of.~-"l~mber 30, 1999
Cash end investments
Receivables
Prepaid assets
Property, plent end equipment (net of
accumulated depreciation)
Total assets
Liabilities and fund equity:
Liabilities:
CmTe~t liabilities
Duc to othe~ funds
Cnpital leases payable
In~o~t~.~en Support
Insurance Vehicles Syst*,n~ S4rvices Facilities
Fund Fund Fund Fond Fund Total
$ 1,209,920 $ 391,g46 S 190,618 S gg,58g $ 1,880,972
20,021 1,665 2,194 981 24,861
38,783 $ 12,097 50,880
369,974 556,091 128,020 1,054,085
1.268,724 $ 382,071 $ 949,602 $ 320,832 S 89,569 S 3,010,798
$ 270,519 $ 58,832 $ 62,124 $ 24,494 $ 14,879 $ 430,848
4,937 4,937
133,037 133,037
Total liabilities 270,519 63,769 62,124 157,531 14,879 568,822
Fund equity:
Contributed capital 500,000 214,539 473,065 94,177 1,281,781
Retained earnings 498,205 103,763 414,413 69,124 74,690 1,160,195
Total fund equity 998,205 318,302 887,478 163,301 74,690 2,441,976
Total liabilities end fund equity $ 1,268,724 $ 382,071 $ 949,602 $ 320,832 $ 89,569 $ 3,010,798
Please note that these balences are uenudited.
City of Temecula
Statement of Revenues, Expenses and Changes in Retained Earnings
'ntemal Service Funds
or the Three Months Ended September 30, 1999
tnfon'nation Support
Insu~nce Vehicles Systems Services Facilities
Fund Fund Fund Fund Fund Total
Charges for services $ 92,330 $
Investment interest 20.021
Operating transfer in
Miscellaneous 1.389
Total Revenues I 13,740
Expenses:
38,815 $ 233,447 $ 51,822 $ 80.386 $ 496,800
1,665 2394 1,17t 25.051
233,000 233.000
135 1,524
38,815 468,247 54,016 81.557 756.375
Salaries &wages 7,406 44,715 18,492 40,850 I I 1,463
Operating expenses 99,211 1,296 89,284 191849 43,288 252,928
Interest 3.286 3,286
Loss on disposal of assets 176 176
Depreciation 31 ~050 83.500 12.195 126,745
Operating transfer out 400,000 400.000
Total Expenses 506,617 32346 217.675 53.822 84.138 894.598
4et Income (Loss) (392,877) 6,469 250.572 ] 94 (2,581 ) (138.223)
Retained Earnings. July 1, 1999 891.082 97,294 163,841 68.930 77.271 1.298,418
RetainedEarnings, September30,1999 $ 498.205 $ 103.763 $ 414.413 $ 69,124 $ 74,690 $ 1,160.195
Community Facilities Distti~s
Combining Balanc~ Sheet
As of S~ptember 30. 1999
Cash and investmeets
Reoeivables
Deposits
Total assets
Liabilities and fund balances:
Liabilities:
Curt~t liabilities
Toud liabilities
Total fund balances
Total liabilities and fund balances
CFD 88-12 CFD 88-12 CFD 88-12 CFD 9801 CFD 98-01
C.~pitei Admin Debt Debt Admin
Project Expense Ser~ce Service Expens~
Fund Fund Fund Fund Fund
Total
3,180,797 $ 22,552 $ 2.137,066 $ 997,756 $ 6,338,171
104 322 6,335 4,253 $ 14 11.028
1,124,300 1,124,300
$ 4,305,201 $ 22,g74 $ 2,143,401 $ 1,002,009 $ 14 $ 7,473,499
$ 5,026 $ 2,143,401 $ 1,002,009 $ 14 $ 3,150,450
5,026 2,143,401 1,002,009 14 3,150,450
1,124,300 7,000 1,131,300
3,180,901 10,848 3,191,749
4,305,201 17,848 4,323,049
4,305,201 $ 22,874 $ 2,143,401 $ 1,002,009 $ 14 $ 7,473,499
Please note that these balances ate unaudited.
16
CFD88-12 CFD88-12 CFD88-12 CFD98-1 CFD98-1
Capital Admin Debt Dcbt Admln
Pfoj~ts Expa~ S~rvic~ S~rvi~ Expens~
Fund Fund Fund Fund Fund
Invcstmc~t intcrcst $ 23.695 $
Special assessments
Total
322 $ 63,424 $ 15,465 $ 14 $ 102,920
1,391 1,391
Total Revenues 23,695 322 64,815 15,465 14 104,311
Expandimres:
Legal services
O~her outside services
Debt service - principal
I~bt service - int=rcst
Total Expenditures
Revenues Ovcr/(Undcr) Expenditures
$ 1,345 $
5,250 $ 4,125
$ 585,000 $ 85,000
471,625 394,778
1,345
5,250
585,000
471,625
6,595 1,056,625 469.778 4,125 1,537,123
23,695 (6;73) $ (991,810) $~$ (4,1111 $
4,281,506 24.121
Beginning Fund Balance, July 1, 1999
Ending Fund Balancc, September 30, 1999
$ 4305,201 $ 17,848
(1,432.812)
ITEM 5
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITYATTORNEY
DIRECTOR OF FINANCE
CITYMANAGER
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
'~DDusan W. Jones, City Clerk/Director of Support Services
ecember 14, 1999
Sierra Permit Computer System Conversion
PREPARED BY: Ronald J. Parks, Deputy Director of Public Works
RECOMMENDATION: That the City Council authorize the expenditure of $66,110, with a
10% contingency, to Sierra Computer System. Inc., to perform database conversion necessary
to convert the City's Sierra Permit Computer System from the DOS Version to the Windows
Version and authorize staff to proceed with this work as soon as possible.
BACKGROUND: The Sierra Permit Computer Systems is the software that issues
and tracks all City permits and applications. The conversion of the Sierra Permit Computer
Systems from the DOS Version to the Windows Version has been planned for the past two
years. Selected staff members from each department have committed a great deal of time
towards the preparation of new format panels in an effort to make this conversion smooth and
efficient. The Windows version has been installed and tested by key personnel. We could be
ready to go online for new projects on Jan. 1, 2000. January 1St iS a logical time to make a
break from the old system, since all the permit numbers will change at the Calendar Year.
The conversion to a Windows based program is necessary since the City's operating system is
Windows based and all DOS based programs are being phased out. Sierra is currently
supporting the older DOS based program, but will not be continuing this support in the future. It
will be necessary to run a dual system until the database from the DOS system is converted to
the Windows version. Staff is prepared to do this, however, it will make it difficult to cross
reference projects and to prepare monthly reports until the database is converted.
We were aware of this problem a year ago and we solicited a proposal from Sierra to do the
conversion for us. They estimated that it would take approximately 680 man-hours for a cost of
approximately $65,000. At that time the amount seemed high and we thought our existing staff
could convert the data. This did not happen due to the heavy workload of our staff and the
special skills necessary to do this conversion. We explored hiring contract people to do the
work, but people with these skills are in high demand are not interested in contract employment.
Also there are no guarantees that the database would be properly converted using contract
employees. Sierra will not take responsibility for any conversion work that is done by an outside
contractor and refuses to certify their work.
The Sierra database conversion is a time intensive, complicated process that requires special
skills. Staff feels that Sierra would be most qualified and could get the conversion done in a
time period of four to six months. If we were to attempt it with our current staff the time would
probably double and other work would be delayed.
I
R:~agdrpt~99\1214~sierra
It is staffs recommendation that Sierra Computer Systems, Inc. be hired to do the data
conversion as quickly as possible and that we begin the New Year with the Windows version.
This has recommended course of action has been reviewed and supported by the Management
Information Systems Committee.
A revised proposal was obtained from Sierra on Nov. 16, 1999. The estimated cost for services
are $66,110. This is an estimated cost, therefore a 10% contingency is requested.
FISCAL IMPACT: The data conversion costs will be funded by the information Systems
Internal Service Fund. Adequate reserves are available to coverthe cost of these services.
ATTACHMENTS: Revised Sierra Proposal
2
R:~agdrpt~99\1214~sierra
November 16, ] 999
TO Knub~ly Kmgc~
City ofTeme, cula, CA
FROM: Kathy Ream
Sierra Computer Systems, Inc.
Cost Est:mats for Additional Migration Sen'ices
Ydmbc~y, ba,s~ on th~ information provided to the ma~tation team in Match 1999, followm~ is an updal~
cost estimat~ for Siena ad&tzonal migration s~ptic~s. This is based on the a~cnoy having 57 acuve
compositions and 58 inactive oompositi~.s.
Ra~ Dollars Budgeted
1. Travel to and from Agency Sits (3 visits) 30 $ ~2.00 $ 2,760.00
2. Deszgn/Rc~new Assistsnee 0 $ 92.00 0
3. Actzvity Dev. Assistan~ (Up to _ a~tzvlties) 0 $ 92.00 0
4. Proje,~ Management ] 20 $ 92.00 $11,040.00
5. AddiUonal Trammg (per clay) 0 $L10000 0
6. Workflow Assistenos 0 $ 92.00 0
7. DBMS Assistance 0 $ 14000 0
8. ODBC Dr~vers ,. N/A N/A 0
9. Document Assistance 150 $ 92.00 $13,800.00
10.Scnpt,s Assistance 300 $ 92.00 $27,600.00
l l.Reports Assistance 0 $ 92.00 0
12. SystemModifiamom 0 $ 92.00 0
13.EsLirnetes 0 $ 92.00 0
14.TravH Expenses (3 visaLs) N/A N/A $ 3,550.00
]5.Rtm Time 80 $ 92.00 $ ?,360.00
Additional services (not includad as ps~ or th~ Basic MiEmtion S~vices)
H~trs Budg~tsd
TOTAL $66,110.00
NOTE: If a hack-~nd database (other than MS A~ess) is ssl~otsd, thee is an additional $3,00000 lioe~se f~e, an additional $3,000.00
annual support f~, spproxinmts|y 50 hours of conncouwty asszstsn~, and 40 additional hom~ of m-time. If Oracle is solceded.
Metant drivers are required to rspla~ the Oracle drivers for p~fonnarn~ t~asons
Th~ above ~stimates/quotss are bern8 ptopos,d as an anUrc proj~-'t The removal or chan~e of any zt4nns will affcot the entare bid The
removal of any items will need to be tsvir. v~d by Sierra to determine th~ impa~ both financial and fi'om a proJect management view on
the ent~*e proJecL
These costs at~ valid for 90 days. This quote supctosd~s any p~-vao~s quotss for products and/or servaoss Doe to th~ levels of
curr~n~y contractsd assismcs in the fourth qtmr~' of 1999, and the smplscauons for Y2K on behalf of our exssting climts. dchvcry
timelth~s and dstss for the commencement of work on thas ~timate must ~ approv~ by Sierra prior to the commencement of work.
Ps~e ] of 2
1731 W. WALNUT AVE,, V'ISALIA, CA 93277 E-MAIL-scsi~pemitsneLcom
PHONE: 559.627.1959 FAX: 559,6:27.4906 INTERNET- ht~p://w~'w.permitsnet.com
Sie~Ta's published hourly rates, effechve Ixme 1, 1998
(These rates ~re ~mmteBJ for ]2 months after contract execution)
$14000Pe~Hom
$110.00 PerHour
$92 00 Pcr Hour
$92 00 Per Hour
$92.00 Per Hou~
$64 00 Per Hom
$32.00 P~ Hou~
$1.100.00 P~' Day
Overtime above g hours per day or 40 horns per week my be billed at I ~,~ times the prevailing rate.
Kim~,.."fly. [x~camc Sierra. ic~d~f an A_*_..~._',.~.r's c~vmmn ~ uJ ~ M ~ of me ~1 ~plmc~ of
'P~I~' ~, ~ ~d ~ ~ f~ ~ ~ ~ ~ B~c ~on S~i~ for ~ ~ 'PE~!TS' ~s e.
R~g S~ ~ ~e ~ is ~tly ~t~ ~e S~ ~, Si~ would ~ ~e 'PERM~S' ~-It m
~o1~. H~,plm~am~~ld~8~of~sm~m~.~ho~f~ ~f~.
~c m~ion ~m '~lTS' TM ~ 'PE~I~' ~ * ~11 ~ ~ ~ ~s~ S~ ~]c ~ mpm ~m 1~
· m ~e n~ for ~e ~lmcc ~, 'PE~ITB' ~4t TM ~ m ~ ~ =t of~] ,~
If you have any quest,ore, please contact me at (559)~27-1959 X) 02.
Thntlk yotl,
P~e2of2
Sierra Migration Referenca
Please note that Si~rra's ~ inform-ton is confident~ This is necessary in order w protea the privacy of
our dimre.
City of Lee's Summit, MO (Migrated from PC)
207 S.W. Market St., L~'s Summit, MO 64063
Desiree Houringan, Applications Admin.
(816) 969-7472
City of Louisville, CO (Migrat~l from PC)
749 Ma~n Sweet, Louisville, CO 80027
Chris Crrecnwald - (303) 666-6565
Suae of Michigan (Migrated from PC)
2501 Woodlake Circle, Okemos, MI 48864
Pamela Braatz, I.S. Analys~ - (517) 241-9345
City ofNovi, MI (Migrated from PC)
45175 W. Ten Mile Rd., MI 48375
Ot~ie Hubbs - (248) 347-0431
1731 W. WALNUT AVE., VISALIA, CA 932'7'7 E-MAIL-scsl~pemltsnetcom
PHONE: 559.627.1959 FAX: 559,627.4906 I~TERNET- http://www.permltsnet.com
ITEM 6
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDAREPORT
City Manager/City Council
/},jJ~/illiam G. Hughes, Director of Public Works/City Engineer
December 14, 1999
Accept substitute agreements and bonds for public improvements in Tract No.
24183-1. (North of Campanula Way, East of Meadows Parkway, West of
Butterfield Stage Road, and South of De Portola Road).
PREPARED BY: Ronald J. Parks, Deputy Director of Public Works
,4Ff, Albert K. Cdsp, Permit Engineer
RECOMMENDATION:
That the City Council
ACCEPT substitute Subdivision Improvement and Monument Agreements and securities
for Faithful Performance, Labor and Materials, and Monumentation purposes in Tract No.
24183-1.
AUTHORIZE release of the Faithful Performance, Labor and Materials, and Subdivision
Monumentation securities on file.
3. DIRECT the City Clerk to so notify the developers and surities.
BACKGROUND: The City Council approved Tract Map No. 24183-1 on September 14,
1999, and entered into Subdivision Improvement Agreements with:
Newland Communities, LLC
9404 Genesee Ave, Suite 230
La Jolla, CA 92037
For the improvement of Street and Drainage. installation of Water and Sewer Systems, and
Subdivision Monumentation. Accompanying the subdivision agreements were the following
securities as posted by the American Insurance Company:
Bond No. 111 4167 8091 in the total amount of $939,000 ($682,500, $154,000, and
$102,500 for Street and Drainage, Water, and Sewer improvements, respectively) for
Faithful Performance.
Bond No. 111 4167 8091 in the total amount of $469,500 ($341,250. $77,000, and $51,250
for Street and Drainage. Water, and Sewer Improvements, respectively) for Labor and
Materials.
3. Bond No. 167 69 72 in the amount of $11,437 for Subdivision Monumentation.
1
r:~agdrpt~9\1207%~lr24183-1 .sub
Subsequent to recording the tract map, the project was sold to the new developer:
Canada Development Company, LLC
11260 El Camino Real, Suite 200
San Diego, CA 92130-2647
The new developer submitted replacement agreement and securities for the contractual work.
The substituted securities are surety bonds posted by Insurance Company of the West as
follows:
Bond No. 167 69 71 in the total amount of $939,000 to cover streets and drainage, and
water and sewer improvements for Faithful Performance.
Bond No. 167 69 71 in the total amount of $469,500 to cover streets and drainage, and water
and sewer improvements for Labor and Materials.
3. Bond No. 167 69 73 in the amount of $11,437 for Subdivision Monumentation.
The affected streets, although not completed or accepted are Festivo Street, Empezar Street,
Semena Street, Parcela Court, Pensador Street, and portions of Meadows Parkway, Campanula
Way, Via Destllo, Terraza Court, and De Portola Road. De Portola Road was accepted into the City-
Maintained Street System at an earlier date.
FISCAL IMPACT: None
ATTACHMENTS:
Vicinity Map
Substitute Agreements and bonds. (on file)
2
r: 'agdrptLqg~1207~tr24183-1 .sub
...
,o s~ o,m:.o PROJECT
VICINITY MAP
I
/
/
Tract No. 24183-1
Location MaD
NOTE: MAPS NOT TO SCALE.
ITEM 7
APPROVAL E'~
CiTY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
,/~/~illiam G. Hughes, Acting Director of Public Works/City Engineer
December 14, 1999
Substitute Agreements and Securities in Tract No. 24185-F (Northwesterly
of intersection of Butterfield Stage Road at De Portola Road)
PREPARED BY: Ronald J. Parks, Deputy Director of Public Works
~Albert K. Crisp, Permit Engineer
RECOMMENDATION:
That the City Council:
ACCEPT the substitute Subdivision Improvement and Subdivision Monument Agreements,
and Faithful Performance, Labor and Materials, and Subdivision Monumentation Securities
in Tract No. 24185-F.
AUTHORIZE release of the Faithful Performance, Labor and Materials, end Subdivision
Monumentation Securities on file.
3. DIRECT the City Clerk to so notify the developers and sureties.
BACKGROUND: The City Council approved Tract Map No. 24185-F on June 8, 1999, and
entered into subdivision agreements with:
Newland Communities, LLC
9404 Genesee Avenue, Suite 230
La Jolla, CA 92037
for the improvement of streets, installation of water and sewer systems, and subdivision
monumentation. Accompanying the subdivision agreements were the following securities as posted
by The American Insurance Company as follows:
Bond No. 111 3341 3689 in the amount of $835,500 ($504,500, $170,000, and $161,000,
respectively) to cover faithful performance for streets, water, and sewer improvements.
Bond No. 111 3341 3689 in the amount of $418,000 ($252,500, $85,000, and $80,500,
respectively) to cover labor and materials for streets, water, and sewer improvements.
3. Bond No. 111 4167 5196 in the amount of $23,600 to cover subdivision monumentation.
1
r: ~agdrpt~9~1207~tr24185-7.subagmt
Newland Communities, LLC, has sold this project to the following developer.
Tdmark Paci~c-Temecula 5000, LLC
c/o Trimark Pacific Homes, LP
85 Argonaut, Suite 205
Aliso Viejo, CA 92656
The new developer has submitted replacement agreements and securities for the contractual
work. The substituted securities are bonds posted by Frontier Pacific Insurance Company
as follows:
Bond No. SD00086584 in the amount of $835,500 to cover streets, and water and sewer
improvements for Faithful Performance.
Bond No. SD00086584 in the amount of $418,000 to cover streets, and water and sewer
improvements for Labor and Materials.
3. Bond No. SD00086585 in the amount of $23,600 to cover Subdivision Monumentation.
The affected public streets, although not completed or accepted are Abano Court, Cesana Street,
Novara Court, Savona Street, Casala Court, and portions of Jerez Lane, Tirano Drive, and Sunny
Meadows Drive. Butterfield Stage Road is already part of the City-Maintained Street System.
FISCAL IMPACT: None.
ATTACHMENTS:
Location Map
Subdivision Agreements (On file)
Surety Bonds (On file)
2
r: 'agdrptLqg\1207~cr24185-7 ,subagmt
VICINITY MAP
/
Tract No. 24185-F
Location Map
NOTE: MAPS NOT TO SCALE.
ITEM 8
APPROVAi~~
CITY A'FrORNEY
DIRECTOR OF FINANC
CiTY MANAGER
CITY OFTEMECULA
AGENDA REPORT
TO:
FROM:
City ManagedCity Council
/'~J/tl/~William G. Hughes, Director of Public Works/City Engineer
DATE:
December 14, 1999
SUBJECT:
Vaca~on ofa PoffionofRestdcted AbuSers Right-Of-Access Per ParcelMap No.
19582-2
PREPARED BY: Ali Moghadam, P.E., Senior Engineer - Traffic
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "FIRST AMENDMENT TO DEDICATION OF ABUTTERS
RIGHTS TO CITY OF TEMECULA FOR PARCEL MAP NO. 19582-
BACKGROUND: Per Parcel Map No. 19582-2 recorded on December 2, 1987, abutters
access dghts to Jefferson Avenue were restricted from Parcels 14 and 15 except a 40 foot wide joint use
access opening. Currently this driveway provides access to ARCO Service Station and John Burnham
& Company located at the northwest comer of Winchester Road and Jefferson Avenue. The existing
ARCO driveway on Jefferson Avenue is approximately 200 feet north of the Winchester Road
intersection. Due to the proximity of this driveway to the intersection of Winchester Road and Jefferson
Avenue, during peak hours. left-tum out of this driveway is very difficult. Therefore, the property owners
have requested that the City consider allowing a second driveway at the northerly boundary of Parcel
14. The proposed driveway will be approximately 400 feet north of Winchester Road and Jefferson
Avenue intersection and could provide an easier left-turn to northbound Jefferson Avenue.
At the December 11, 1997 meeting of the Public/Traffic Safety Commission, the Commission reviewed
this item and recommended that the City Council adopt a resolution vacating a portion of restricted
access rights to Jefferson Avenue. The Commission also recommended that le~-tum out of the existing
driveway at ARCO be restricted during the peak hours and the proposed driveway be radius type and
40 feet wide. The property owners have recently derided to pursue construction of the second driveway
on Jefferson Avenue.
I
r:~agdrptL99~1214~jeffabutter agrmt
FISCAL IMPACT: None
ATTACHMENTS:
1, Resolution No. 99-
2. Exhibit "A' - First Amendment to Dedication
3. Exhibit ~B" - Legal Description of Property
4. Exhibit 'C" - Depiction of Revised Dedication of Abutters
5. Exhibit "D" - Location Map
2
r:~agdrpt~q9\1214~jeffabutter agrmt
RESOLUTION NO. 99-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "FIRST AMENDMENT TO DEDICATION OF ABU 1 I I=RS
RIGHTS TO CITY OF TEMECULA FOR PARCEL MAP NO. 19582-
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby approve that certain Agreement
entitled "FIRST AMENDMENT TO DEDICATION OF ABUTFERS RIGHTS TO CITY OF TEMECULA
FOR PARCEL MAP NO. 19582-2" and authorizes the Mayor to execute said agreement in substantially
the form attached hereto as Exhibit "A".
Section 2. The City Manager is hereby authorized to enter into, execute or otherwise approve any
further agreements, certificates, escrow instructions, or other documents necessary or convenient to
implement the Agreement approved by this Resolution.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 14th day of
December, 1999.
Jeffrey E. Stone, Mayor
A'FI'EST:
Susan W. Jones, CMC/AAE
City Clerk
3
r:~agdrpt~99\1214',jeffabutter agrmt
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC,/AAE City Clerk of the City of Temecula, do hereby certify that the Resolution
No. 99- was duly and regularly adopted by the City Coundl of the City of Temecula at a regular
meeting thereof, held on the 14t day of December, 1999, by the following vote, to wit:
AYES: 0
NOES: 0
ABSTAIN: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS
Susan W. Jones, CMC,/AAE
City Clerk
4
r:~agclrpt~99~1214',jeffabutter agrmt
EXHIBIT "A'
RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:
Susan W. Jones, CMC/AAE
City Clerk
CITY OF TEMECULA
P.O. Box 9033
Temecula, California 92589-9033
EXEMPT FROM RECORDER'S FEES
PURSUANT TO GOVERNMENT CODE
SECTIONS 6103 AND 27383
FIRST AMENDMENT TO DEDICATION OF ABUTTERS RIGHTS
TO THE CITY OF TEMECULA FOR PARCEL MAP NO. 19582-2
THIS AGREEMENT is made and entered into as of December 14, 1999 by and between the City
of Temecula, a municipal corporation (the "City"), and Overlook Center, LLC (the ~Owner"). In
consideration of the mutual covenants and conditions contained herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes, which each party
acknowledges as true and correct:
a. Owner is the owner in fee of the properly which is legally described on Exhibit "A', attached
hereto and incorporated herein as though set forth in full (the "Property").
b. On December 2, 1987, Parcel Map No. 19582-2, which includes the Property, was recorded
in the Official Records of Riverside County at 2:00 p.m. in Book 147 of Parcel Maps, at Page 3 - 6 at the
request of the Clerk of the Board.
c. On said Parcel Map, Owner's predecessors in interest dedicated to the County of Riverside
the abutters rights of access along Jefferson Avenue fronting the Property, excepting the forty (40) foot wide
access opening located on the Property along Jefferson Avenue as described on the Parcel Map and the County
accepted the offer of dedication.
d. The City of Temecula incorporated on December I, 1989 and succeeded to the interests of
the County of Riverside.
e. The Owner now desires to provide for an additional forty (40) foot wide access opening
located as described and depicted on Exhibit 'B". City has no objection to the new access opening.
2. The parties hereto agree that the dedication of abutters rights of access for the Property as described
on Parcel Map No. 19582-2, is hereby amended to provide that an additional forty (40) foot wide access
easement to the Property is permitted at the location on the Property as shown on Exhibit "B". The City of
Temecula accepts said modification of the dedication.
3. Owner hereby agrees that he will install (at a cost not to exceed $500) and maintain at his expense
such signage as may bc required by the Director of Public Works of the City of Temecula restricting left
turn movements from the existing access opening on Jefferson Avenue during cortain hours. The City.
hereby agrees that owner shall not be responsible for enforcing the left-turn restrictive movements.
4. Except as specifically provided in this Agreement, all other terms of the dedication of abutters
rights described on Parcel Map No. 19582-2 shall remain in full force and effect.
5. Exhibits "B" and 'C~ are attached hereto or referred to herein integrate all terms and conditions
mentioned herein or incidental hereto and supersede all oral or wrinen negotiations and prior writing in
respect to the subject matter hereof of this Agreement.
IN ~t,VrrNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
CITY OF TEMECULA
Jeffrey E. Stone, Mayor
AT'rEST:
Susan W. Jones, CMC/AAE, City Clerk
APPROVED AS TO FORM:
OWNER:
Overlook Center, L.L.C.
12555 High Bluff Drive, #160
San Diego, CA 92130
BY:
Its Manager, Aspen Property Management, Inc.
An Oregon corporation doing business in
California as Oregon Aspen Property
Management, Inc.
Mark E. Nieol, President
EXHIBIT "B'
LEGAL DESCRIPTION OF PROPERTY
EX}IIBIT
LEGAL DESCRIPTION FOR RESTRICTED ACCESS VACATION
FAGE I OF I
!Ei:IG A 40.00 FOOT WIDE ACCESS EPENING kLONG THE SOUTHWESTERLY LiNE
CF IEFFERSON AVENUE ON PARCEL 14 OF PkRCEL MAP 19582-2 i>i THE CiTY
CF TEMECULA, COUNTY OF RI~i?.SiEE, STATE OF CALIFOP~NIA, AS FILED IN
BOOK 147 AT PAGES 3 THRCUGH ~ iNCLUSiVE OF PARCEL :.L~S IN THE
iFFICE OF THE COUNTY RECEP. iER OF SAID COLrNTY OF P. iVERSIDE, THE
_'ENTERLINE OF SAID ACCESS iFL'iiNG BEING 182.00 FEET, MEASURED ALONG
SAiD SOUTHWESTERLY LiNE CF SEERSON AVENUE, FROM THE MOST EASTERLY
CDP/qER OF SAID PA/~CEL 14.
SEE EXHIBIT ,,C. ATTACHED HERETO
12/31/99
No, 7161 __-
Dcx~mmbev29.1997
EXHIBIT "C'
DEPICTION OF REVISED
DEDICATION OF ABUTTERS RIGHTS
,/
SCALE: "= 60'
EXHIBT "C"
?A RcE,' -' "'
,',D
~0.,~9,55" E) _ /
-(
Pt~OPOSED ;::a
40' WIDE
"' / ""' MAP :195B2~2
PAr, c'EL
'--.. c,i
EXISTING
40' WIDE
DRIVE WAY ...\~x"%"----------~_~
PARCEL
RESTRICTED ACCESS
PER tD~ 147/J-6.
DENOTES RECORD DATA
PER PM 74.7/5-6.
,"= 6o' ~ a~ e~ TB a~n2/2a/971 RESTRICTED
50'
SHEET ! OF
ACCESS
I W.O.
VACATION
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
r%agdrptL99%1214~jeffabutter agrrnt
EXHIBIT 'B"
LEGAL DESCRIPTION FOR RESTRICTED ACCESS VACATION
?AGE i ~F 1
EEiNG A ~0.00 FOOT WIDE ACCESS YPENING ALONG THE SOUTHWESTERLY LiNE
DE jEFFERSON AVENUE ON PARCEL 14 DF PkRCEL MAP 19582-2 iN THE CiTY
CF TLu~_-CULA, COUNTY OF RIVERSIZE, STATE OF CALIFORNIA, AS FILED IN
50OK 147 AT PAGES 2 THROUGH 6 i~ICLUSiVE OF PARCEL :~3~?S IN THE
DFFICE ~F THE COUNTY RECORDER 0F SAID COUNTY OF RIVERSIDE, THE
CENTERLINE OF SAID ACCESS OPENING BEING 182.00 FEET, ME/SURED A.LONG
SAID SSUTHWESTERLY LiNE OF jEFFERSON ~iJENIIE, FROM THE MOST EASTERLY
CORNER iF SAID PARCEL 14.
SEE EXHIBIT ~C- ATTACHED HERETO
12;31/99
No. 7161 __
EXHIBIT
DEPICTION OF REVISED
DEDICATION OF AB~ RIGHTS
SCALE. 1" = 60'
EXHIBIT "C"
?A~'CSL
~- o c' "I 14
PAn,
n / r'-.~C,r'l
PA,,-, ~=_ MAP
P,M, '147/3-,6
,.~txp. z/~
EXISTING
40' WIDE ""
48'08'53" ~7~EWA Y ~
,,--,,,,,,.
"1
z z z r ~ RESTRICTED ACCESS
PER PM
f' :: DENOTES RECORD DATA
_ PER PM 14 7/J -
PLAT IS SOLELY AN AID IN LOCAtiNG 1HE PARCEL{S) DESCRIBED IN ll-fE
ATTACHED DOCUMENT, rT IS NOT PART Cr 'P~E W'RIrTE~N DESCRIPllON ll~EREIN.
SCALE.
"'= 60' I DRAWN BY T~
__ DATE"I 2/2.8/971
50'
SHEET ! OF I I W.O.
RESTRICTED ACCESS VACATION
-1
EXHIBIT "D" - LOCATION MAP
ITEM 9
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
,1.~William G. Hughes, Director of Public Works/City Engineer
DATE:
December 14, 1999
SUBJECT:
Parcel Map No. 29470 east of Margadta Road between Wanchester Road and
Verdes Lane
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Reza James, Assistant Engineer
RECOMMENDATION:
That the City Council approve:
1. Parcel Map No. 29470 in conformance with the Conditions of Approval
2. Subdivision Monument Agreement and Monument Bond as security for the agreements.
BACKGROUND: Tentative Parcel Map No. 29470 was approved by the City of Temecula
Planning Manager, Debbie Ubnoske, on November 18, 1999 and expiration date being November 18,
2001. The Developers, Lowe's HIW, inc and K.M,I. Real Estate Partners have met all of the
Conditions of Approval.
Parcel Map No. 29470 is a two (2) parcel commercial subdivision on 3.82 gross acres. This
subdivision is located east of Margadta Road between Winchester Road and Verdes Lane. The site
is currently vacant. Margarita Road and Verdes Lane have been fully improved, therefore
improvement bonds will not be required. Tentative Parcel Map 29470 was approved with 3 parcels.
Parcel Map 29470 combined two southerly parcels into one parcel since one building is proposed
over both parcels. The map submitted herewith is considered to be in substantial conformance with
Tentative Parcel Map 29470 considering that fewer parcels are created and that the conditions of
approval are satisfied.
The following fee has been deferred for Parcel Map No. 29470:
Development Impact Fee due prior to issuance of a building permit.
FISCAL IMPACT: None
ATTACHMENTS:
2.
3.
4,
Development Fee Checklist
Fees & Securities Report
Project Vicinity Map
Parcel Map No. 29470
1
R:~AGDRPT~99\1214\PM29470,MAP.doC
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. PM 29470
The following fees were reviewed by Staff relative to their applicability to this project.
CONDITIONS OF APPROVAL
FEE
Development Impact Fee
To be paid pdor to issuance of a building
permit
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 29470
IMPROVEMENTS
Street and Drainage
Water
Sewer
TOTAL
FAITHFUL PERFORMANCE
SECURITY
$ 0
$ 0
$ 0
$ 0
DATE: DECEMBER 14, 1999
MATERIAL & LABOR MONUMENT
SECURITY SECURITY
$ 0 $750.00
$ 0
$ 0
$ 0 $750.00
DEVELOPMENT FEES
City Traffic Signing and Striping Costs
RCFCD (ADP) Fee
Development Impact Fee
SERVICE FEES
Planning Fee
Comprehensive Transportation Plan
Plan Check Fee
Monument Inspection Fee
Fees Paid to Date
Balance of Fees Due
*To Be Determined.
$
$
$
$
$
$
$
$
$
0.00
Paid
TBD*
103.00
8.00
790.00
25000
1,151.00
0.00
2
R :~AG D R PT~99\1214\PM29470.MAP .doc
CITY OF
TEMECULA
ARCEL MAP NO.
~-~'~r~.
VICINITY MAP
NOT TO SCALE
VICINITY MAP
29470
EXHIBIT A
ITEM 10
ITY APPROVAL
C ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMi=CULA
AGENDA REPORT
City ManagedCity Council
/}"J~illiam G. Hughes, Director of Public Works/City Engineer
December 14, 1999
Professional Services Agreement - Aguilar Consulting Engineers
Murdeta Creek Bddge Between Rancho California Road and W~nchester Road
- "Rancho Way Alignment Study" - Project No. PW99-14
PREPARED BY:
Amer Attar, Senior Engineer - Capital Projects
Laura Bragg, Project Engineer - Capital Projects
RECOMMENDATION:
That the City Council:
Approve the agreement with Aguilar Consulting Engineers to provide professional
engineering services by doing a specific alignment study and determination for Rancho
Way from Diaz Road to Margarita Road, Project No. PW99-14, for the not to exceed
amount of $135,364.00, and authorize the Mayor to execute the agreement.
Authorize the City Manager to approve change orders not to exceed the contingency amount
of 10% of the contract or $13,537.00.
BACKGROUND: The project as described in the approved Capital improvement
Program for Fiscal Years 2000 to 2004 consists of studying suitable locations for a new crossing,
environmental studies, design, mitigation, new traffic signals and construction. There is a need for
new bridge crossings over Murdeta Creek between Rancho California Road and Winchester Road
to alleviate congestion and provide access to the new Ovedand bridge freeway overcrossing.
The scope of work for this project includes the preparation of digital and mylar drawings, a
technical report containing the project description, the three preliminary alternatives, summary
of applicable environmental/regulatory permits and critical habitats, plans and profiles for the
preferred alternative alignment, sight distance analysis and cost estimates to set the specific
alignment and construct a four lane continuation of Rancho Way from Diaz Road to Margarita
Road. Upon the conclusion of the study, the City will be able to adopt a specific alignment for
Rancho Way and reserve the necessary Right of Way. The extended Rancho Way will serve as an
additional connector road for the east and west sides of the City.
1
F:~DEpTS~PW~AGDRPT%99\1214\PW99-14.CIVIL.AGR.OOC
City staff reviewed three proposals for providing professional consultant services as outlined in
Request for Proposal (RFP) No. 079. The RFP was sent to seven firms and three proposals were
received. The firms were ranked, and negotiations commenced with the highest ranked firm, Aguilar
Consulting Engineers, known now as Aguilar Consulting Engineers. Aguilar Consulting Engineers,
known now as Aguilar Consulting Engineers, performed a preliminary investigation for this project
and supplied initial finding to the City. The subconsultants being utilized include T. Y. Lin/McDaniel
Engineering for Bridge/Structural, LSA Associates. Inc for Environmental, and LIW Consultants for
Photogrammetdc mapping.
FISCAL IMPACT: The Murrieta Creek Bridge Between Rancho California Road and Winchester
Road -"Rancho Way Alignment Study", PW99-14, is a Capital Improvement Project funded through
Development Impact Fees - Street Improvements. Adequate funds are available in Account No.
210-165-710-5802 for the design amount of $135,364.00 plus the contingency amount of $13,537.00
for a total design cost of $148,901.00.
ATTACHMENTS:
1. CIP Project Descdption
2. Agreement with Aguilar Consulting Engineers
3. Vicinity Map
2
F:~:)EPTS~PW~AGDRPT~gg\1214\PWg~-14.CIVIL.AGR.OOC
CiTY OF TEMECULA
AGREEMENT
FOR ENGINEERING CONSULTANT SERVICES
FOR
MURRIETA CREEK BRIDGE
BETWEEN
RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD
(RANCHO WAY ALIGNMENT STUDY)
PROJECT NO. PW99-14
THIS AGREEMENT, is made and effective as of December 14, 1999, between the City
of Temecula, a municipal corporation ("City") and Aguilar Consulting Engineers, ("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 14, 1999, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
December 14, 2000, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all 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, Payment Rates and Schedule, attached
hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent
on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are
null and void. This amount shall not exceed One Hundred Thirty Five Thousand Three Hundred
Sixty Four Dollars and No Cents ($135,364.00) 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 wdtten authodzation 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 twenty five thousand dollars ($25,000.00). Any
additional work in excess of this amount shall be approved by the City Coundl.
1
r:~cip~projects',pw99-14~Aguilar agrmt/ajp
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all odginal documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole 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 containing data generated for the work, Consultant shall make available to the
City, upon reasonable written request by the City, the necessary computer software and hardware for
purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not be
liable for any injudes or property damage resulting from the rouse of the design at a location other than
that spedfled in Exhibit A without the wdtten consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, its officers, offidals, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees,
or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur
or which may be imposed upon them for injury to or death of persons, or damage to properly arising out
of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the negligence
of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01 06
92 covedng Automobile Liability, code I (any auto). If the Consultant
owns no automobiles, a non-owned auto endorsement to the General
Liability policy described above is acceptable.
(3)
Workers Compensation insurance as required by the State of Califomia
and Employers Liability Insurance. If the Consultant has no employees
while performing under this Agreement, worker's compensation
insurance is not required, but Consultant shall execute a declaration that
it has no employees.
(4)
Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Corninertial 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:
property damage.
3
$1,000,000 per accident for bodily injury and
r:%cip~projects~hv99-14~Aguilar agrmt/ajp
(3)
Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for
bodily injury or disease.
(4)
Professional Liability coverage: Two million ($2.000,000) per claim and
in aggregate.
c. Deductibles and Self-insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City Manager,
either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability polides
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 adsing out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by the
Consultant; or automobiles owned, leased, hired or borrowed by the
Consultant. The coverage shall contain no spedal 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 Consultanrs insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3)
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability,
(5)
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by cerlified mail, return receipt requested, has been given to the
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 othenNise acceptable to the City. Self insurance shall not
be considered to comply with these insurance requirements,
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f. Verification of CoveraGe. Consultant shall furnish the City with odginal
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 Citys forms, the Consultant's insurer may provide complete,
certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant shall
at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers,
employees, agents, or volunteers shall have control over the conduct of Consultant or any of
Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not
at any time or in any manner represent that it or any of its officers, employees or agents are in any
manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury
or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those employed
by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall
at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned 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 pdor 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 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 rewdte said response.
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13. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in whting 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. Notice shall be effective upon delivery to the
addresses specified below or on the third business day following deposit with the document delivery
service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P,O. Box 9033
Temecula, California 92589-9033
43200 Business Park Ddve
Temecula, California 92590
Attention: City Manager
To Consultant:
Aguilar Consulting Engineers
41750 Winchester Road, Suite N
Temecula, California 92590
Attention: Greg V. Aguilar, P.E., Principal
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hemunder, without pdor wdtten consent of the City.
Because of the personal nature of the services to be rendered pursuant to this Agreernent, only Greg
V. Aguilar, P.E., Project Manager shall perform the services described in this Agreement. Greg V.
Aguilar may use assistants, under their direct supervision, to perform some of the services under this
Agreement. Consultant shall provide City fourteen (14) days' notice pdor to the departure of Greg V.
Aguilar from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the
option to immediately terminate this Agreement, within three (3) days of the close of said notice period.
Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual
services performed up to, and including, the date of termination or as may be otherwise agreed to in
writing between the City Council and the Consultant.
15. LICENSES. At all times dudng 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 dghts, obligations, duties and liabilities of the parties to
this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction
over the City of Temecula. In the event such litigation is filed by one party against the other to enforce
its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
17. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating te :~':e obligations of the parties described in this Agreement. All prior or
contemporaneous agreements .~nderstandings, representations and statements, oral or wdtten, 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.
6
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18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant
to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above wdtten.
CITY OF TEMECULA
Jeffrey E. Stone Mayor
Attest:
Susan W. Jones, CMC/AAE, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Aguilar Consulting Engineers
41750 Winchester Road, Suite N
Temecula, CA 92590
(909) 296-1143
Greg V. Aguilar, P.E., Principal
By:
Name:
Title:
(Signatures of two corporate officers required for Corporations)
7
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EXHIBIT A
TASKS TO BE PERFORMED
8
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CITY OF TEMECULA
RANCHO WAY ALIGNMENT STUDY
PROJECT NUMBER 99-14
Printed On: December 1.1999
SECTION II. SCOPE OF WORK
Section II. - Scope of Work
Consultant shall perform engineering and environmental consulting services as identified within
the City of Temecula's request lbr proposals dated September 15. 1999 and the tasks identified
below.
TASK 1 - RESEARCH EXISTING RECORDS
Consultant will communicate and coordinate with City, Caltrans. Riverside County. Flood Control
District and utility companies to research. investigate, and obtain available information. technical
reports. and construction drawings relating to existing improvements - madway. freeway. drainage,
signing and striping, and utilities.
Utili.ty companies to include:
· GTE Califomia
· T.C.I. Cablevision
· Eastern Municipal Water District
· Southern Califomia Gas Company
· Rancho California Water District
· Southem California Edison
TASK 2 - FIELD INVESTIGATION
Consultant will conduct field investigations to determine the existing roadway geometrics. existing
signing and striping, rights-of-way, utility locations. potential environmental issues. and other
physical features. which may impact the proposed improvements.
TASK 3 -- RIGHTS OF WAY RESEARCH
Consultant will research existing rights of way for the proposed alignments.
TASK 4 - HORIZONTAL LOCATION OF EXISTING FACILITIES
Consultant will attempt to locate horizontall>' to 0. I+/- feet existing facilities which information was
unavailable during collection of research data.
TASK 5 - DEVELOP THREE PRELIMINARY AL TERNA TIVES
The goal for development of the three preliminary alternatives will be to provide cost effective
operationally satisfactory alternatives that minimize right-of-way and environmental impacts.
Consultant will prepare preliminary plan. profile. and typical section drawings for each of the
three proposed alignment alternatives based on existing Riverside County Flood Control District
topographic maps. Consultant will review existing hydrology studies and related HEC studies for
both Murrieta Creek and Empire Creek. This scope of work does not include performing new
hydrology studies or flood plain studies for both Creeks,
A6UILAR CONSUL r/NO ENOINEERS Page
T.Y. Lin/McDaniel Engineering will evaluate the feasibility of the proposed structure work and
suggest alignments to simplify structures for cost reductions. T.Y. Lin/McDaniel Engineering
will prepare Preliminary Bridge Advance Planning Studies tbr the structures for each alternative
alignment. Consultant anticipates that the bridge crossing at Murrieta Creek will be identical on
all three alternatives. For each alternative. T.Y. Lin/McDaniel Engineering xvill provide cast-in-
place and pre-cast options. T.Y. LirdMcDaniel Engineering will pertbrm all bridge-related tasks.
Consultant shall analyze impacts to the proposed Rancho Way Extension Alignment and Project
Cost Estimates of one additional lane each for both North-Bound and South-Bound lanes for 1-15
at Rancho Way Extension.
Both City. and Consultant understand that the preliminary design for the Murrieta Creek
Bridge is dependent on the outcome of current design efforts by the U.S. Army Corp of
Engineers for Muftieta Creek channel and associated detention basins. Consultant shall
use RCFCD's latest 100-Year Design Q Elevations for Murrieta Creek for bridge design
purposes (without upstream detention basins condition).
TASK 6- INVESTIGATE ENVIRONMENTAL/REGULATORY PERMITS
LSA will conduct a general biological resources assessment of the three project alignments. The
assessment will consist of a literature review, field visit, and preparation of a technical report.
The literature review will include a review of the following sources: aerial photographs.
California Natural Diversity database, Califomia Native Plant Electronic Inventory. Soil Survey,
and other appropriate materials. During the field assessment, an LSA biologist will examine all
three alignments to characterize habitat conditions, assess habitat suitability for threatened or
endangered species. and to determine the potential extent of jurisdictional wetlands of waters of
the U.S.
LSA will prepare a technical report describing the habitat conditions and potential occurrence of
threatened or endangered species. The report will also outline additional studies that may be
required (i.e. focused wetlands delineation or focused surveys for endangered species), and
describe permits and associated processes that would be necessary for compliance with
applicable regulations from the following agencies: U.S. Army Corp of Engineers. U.S. Fish and
Wildlife Service, California Department of Fish and Game. NPDES, and State of California
Regional Water Quality Control Board. A draft version of the report will be submitted to the City
and the project team for review and comment. Comments will be addressed and incorporated in
the final report.
TASK 7- IDENTIFY CRITICAL HABITATS
LSA will identify in the technical report critical habitats protected under CEQA or NEPA for all
three preliminary. alternatives.
At~UILAR CONSUL rING ENGINEERS Page
TASK 8 -- DEVELOP PROJECT COST ESTIMATES
Consultant will prepare an overall project cost estimate for each design alternative.
encompassing the entire cost (design. construction. right-of-way. inspection. contingency. and
mobilization, etc. ).
TASK 9 - CITY OF TESIECULA REVIEWS ALL THREE ALTERNATIVES
TASK l 0 -- DEVELOP PREFERRED AL TERNA TIVE BASED ON INPUT FROM CITY
Consultant will recommend the preferred alternative to the City and provide justifications or
rationales for its choice and for not choosing the other alternatives.
TASK 11 -- CITY OF TESIECULA REVIEWS PREFERRED AL TERNA TIVE FINDINGS
TASK 12 - BASE MAP FOR THE PREFERRED ALTERNATIVE ALIGNMENT
Consultant will set aerial targets and provide aerial photography, analytical bridging and digital
photogrammetric mapping of the preferred alternative alignment at a scale of 1 "=40' with a contour
interval of 1 foot.
Consultant will also provide aerial photography. analytical bridging and digital photogrammetric
mapping for the Via Montezuma Extension and the Avonida Alvarado Extension for future use by
the City of Temecula.
TASK 13- PLANS AND PROFILE FOR THE PREFERRED AL TERNA TIVE ALIGNMENT
Consultant will prepare plans and profile (centerline only) at a scale of 1" -- 40' based on digital
topographic mapping developed per Task 12. Consultant will prepare a general plan drawing
showing the bridge plan view, an elevation view. and a typical section indicating the structure
type, substructure type. foundation type, and structure depth. All plan and profile sheets shall be
on City title blocks.
The drawings for the preferred alternative will depict highway geometries. drainage features, cut
and fill slopes, and existing and proposed right-of-way lines. Generally speaking, the drawings
will show sufficient detail to permit development of cost estimates and identification of the scope
of the project and its impacts on the surrounding environment.
In addition. the drawings will show sufficient details to allow the City to adopt a specific
alignment for Rancho Way between Diaz Road and Margarita Road. The specific alignment will
be set as a four-lane ma. ior highway with a 100-foot full width right of way and xvill include
crossings over Murrieta Creek and 1-15.
A;UILAR CONSUL TING ENOINEERS Page
TASK 14 - SIGHT DISTANCE A.NALYSIS
Consultant will prepare sight distance analysis showing adequate sight distance along the
pret~rred alternative alignment at new intersections.
T4SK 15- CITY OF TEMECUL4 FIRST PLAN CHECK
TASK 16 - REVISE PLANS AND PROFILE FOR THE PREFERRED ALTERNATIVE
ALIGNMENT
Consultant will revise plan and profile sheets addressing all City comments during first plan
check.
TASK 17 - DIGITAL AND MYL4R DRAWINGS, TECHNICAL REPORT CONTAINING
PROJECT DESCRIPTION, THE THREE PRELIMINARY ALTERNATIVES, SUMMARY OF
APPLICABLE ENVIRONMENTAL/REGULATORY PERMITS AND CRITICAL HABITATS,
PLANS AND PROFILES FOR THE PREFERRED ALTERNATIVE ALIGNMENT, SIGHT
DISTANCE ANAL YSIS AND PROJECT COST ESTIMATES
Consultant will submit a 3 1/2 inch computer disk (AutoCAD. Version 14 format) with the
project design files to the City along with one set of wet signed and stamped 24" X 36" mylars.
Consultant will submit a Technical Report containing a project description. the previously
analyzed three preliminary alternatives. a summary of applicable environmental/regulatory
permits and analysis of critical habitats. plans and profiles for the preferred alternative. sight
distance analysis and project cost estimates.
TASK 18 - CITY OF TEMECULA 'S APPROVAL OF TASK 17 SUBMITTAL PACKAGE.
AGZ/II,,AR CONSUL TIN4~ EN(~INWWRS Page
EXHIBIT B
PAYMENT RATES AND SCHEDULE
9
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HOURLY FEE RATE SCHEDULE
FOR THE CITY OF TEMECULA'S RANCHO WAY ALIGNMENT STUDY PROJECT
January 1, 1999
The following hourly rates shall apply to services provided on a time-and-materials basis.
CIVIL ENGINEERING AND SURVEYING SERVICES
Project Manager
Quality, Assurance/Quality Control Engineer
Senior Project Engineer
Survey Analyst
Design Engineer
CADD Designer
Clerical/Miscellaneous Office Work
98.00
98.00
85.00
79.00
72.00
65.00
42.00
Planning Director $102.00
Senior Planner 85.00
Planner 72.00
Assistant Planner 63.00
Three Person Survey/GPS Crew
Two Person Survey/GPS Crew
One Person Survey/GPS Crew
$ 180.00
155.00
127.00
OTHER SERVICES
Litigation ConsultantjExpert Witness
Computer Time
$ 275.00
15.00
REIMBURSABLE EXPENSES
The following services will be billed at cost plus 15%:
Reproduction Services: Includes blueprinting, copying, printing, and plotting. In-house plots will be
billed at $6.00 per sheet for each client set and for a final in-house review set. The client is welcome
to contract directly with an outside reprographic firm for those services not provided in-house.
Rental Equipment and Fees: Any equipment rental and any fees advanced by our firm including plan
check and filing fees.
Commercial Delivery Services: Including Express Mail. Federal Express, UPS. and independent
courier services.
In-House Pick-Up and Deliver-/Services: These services provided by our firm will be reimbursed at
$30.00 per hour. In addition. mileage will be billed at $0.34 per mile with no markup.
Travel Expenses: Mileage to and from the job site will be billed at a rate of $.34 per mile v, ith no
markup and travel time will be billed at $75.00 per hour. per man. one-way. Airfare will be billed at
cost plus 15%.
Per Diem: Per diem tbr overnight stays will be billed at $127 per day, per man.
NOTE: Invoicing will be submitted on a monthly. progressive cycle.
ITEM 11
DIRECTOR Of FINANC r'~~-----
CITY MANAGER ,/~.~'
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
,~y,J/~.William G. Hughes, Director of Public Works/City Engineer
December 14, 1999
Approval of Cooperative Agreement with the Redevelopment Agency for
Construction and Funding of Old Town Southside Parking Lots
Project No. PW98-16
PREPARED BY:
Brian Gulllot, Assistant Engineer- Capital Projects
RECOMMENDATION:
That the City Council:
Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and
the Redevelopment Agency of the City of Temecula for construction and funding of Old Town
Southside Parking Lots.
Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form
attached to the Agenda Report.
BACKGROUND: The City's Capital Improvement Plan includes the construction of
parking lots on the south side of Old Town. The project is located within the Project Area of
the Temecula Redevelopmerit Project Area 1988-1, The Agency's planning also calls for this
Project to be completely funded by the Agency.
The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and
encourages cities and redevelopmerit agencies to aid each other and to cooperate in the
planning, undertaking, construction, and operations of redevelopmerit projects. Sections 33220
(b) and (c) specifically authorizes such cooperative agreements allowing a city and a
redevelopment agency to assist each other in the construction and installation of streets, roads,
water, sewer, or drainage facilities.
The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically
authorizes the expenditure of Agency funds for construction within or benefiting the Project
Area.
Completion of this Project will promote the goals of redevelopmerit, as it will complete
necessary public infrastructure improvements as detailed in the City's Capital Improvement
Program. The Project will also induce private investment in, and promote expansion of the
commercial/retail areas served by the parking lots within the Project Area through improved
access, and promote expansion of employment opportunities within the commercial/retail areas
served by the parking lots within the Project Area.
r:\agdrpt\99\1214\Council rdacoop98-16
The attached Cooperative Agreement between the City of Temecula and the Redevelopment
Agency of the City of Temecula for construction and funding of the Old Town Parking Lot
improvements will implement the funding plans of the City and the Agency.
FISCAL IMPACT: The Old Town Southside Parking Lot is a Capital Improvement Project funded
through Redevelopment Agency Funds, A total of $900,000 has been budgeted by the Agency for
this project.
ATTACHMENT: Cooperative Agreement
2
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COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA
AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
FOR THE OLD TOWN SOUTHSIDE PARKING LOTS
PROJECT NO. PW98-16
THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and
between the City of Temecula, a municipal corporation ('City") and the Redevelopmerit Agency of the City
of Temecula, a public body, oorporate and politic ('Agency"). In consideration of the mutual covenants and
obligations set forth herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes, which each party
finds and determines to be true and correct:
a. The Community Redevelopmerit Law at Health and Safety Cede Section 33220
authorizes and encourages cities and redevelopmerit agencies to aid each other and to cooperate in the
planning, undertaking, construction, and operations of redevelopmerit projects. Sections 33220 (b) and (c)
specifically authorize such cooperative agreements between a city and a redevelopmerit agency to assist each
other in the construction of parking lots on the south side of Old Town.
b. The Re, development Plan for the Temecula Redevelopment Project Area 1988-1
specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project
Area.
c. The Old Town Southside Parking Lots, Project No. PW98-16 is a part of the City's
Capital Improvement Program and is located within the Project Area of Temecula Redevelopmerit Project
Area 1988-1.
d. Completion of the Project will benefit the Project Area and will assist in the
elimination of blight within the Project Area as it will complete necessary public infrastructure improvements
as detailed in the City's Capital Improvement Program within the Project Area, induce private investment in
and promote expansion of the commercial areas served by the interchange within the Project Area through
improved freeway access, and promote expansion of employment opportunities within the commercial areas
served by the interchange within the Project Area, among others.
No other reasonable means of financing the improvements are available to the
2. The City and the Agency agree to cooperate and share responsibility for the design and
construction of the Project in accordance with the terms of this Agreement.
3. The City shall undertake the following responsibilities with respect to the Project:
a. Prepare the necessary engineering and environmental studies for the Project;
b. design the necessary improvements for the Project;
c. acquire necessary rights-of-way tbr the Pmiect;
d. prepare necessary plans, specifications and bid documents for the Project;
R:\cip~pro/ecls/pwggXpwgg-16\coop.rda/Ijp
obtain all necessary permits and enlitlements from Caltrans and other public agencies;
solicit bids and award construction contracts for the Project; and
administer the construction contracts.
4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to
pay pursuant to this Agreement. City shall pay the costs of acquiring the right. of-way for the Project, which
costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall,
however, reimburse City for its payments made for the value of the right-of-way acquired.
5. The City Manager, upon the recommendation of the Director of Finance, shall determine the
allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall
be final.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
CITY OF TEMECULA
BY:
Jeffrey E, Stone, Mayor
Attest:
Susan W. Jones, CMC/AAE, City Clerk
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
BY:
Ron Roberts, Chairperson
Attest:
Susan W. Jones, CMC/AAE, Agency Secretary
Approved As to Form:
Peter M. Thorson, City Attorney/Agency General Counsel
R:\cip~projects~pw98\pw98-16~eoop.rda/ajp
2
ITEM 12
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
William G. Hughes, Director of Public Works/City Engineer
December 14, 1998
Approval of Cooperative Agreement with the Temecula Redevelopment
Agency for Pujol Street Sidewalk Improvements - Project No. PW98-17
PREPARED BY:
Amer Attar, Senior Engineer - Capital Projects
Hasib Baha, Assistant Engineer - Capital Projects
RECOMMENDATION:
That the City Council:
Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and
the Redevelopment Agency of the City of Temecula for Pujol Street Sidewalk Improvements".
Authorize the Mayor to execute the Agreement on behalf of the City Council in substantially
the form attached to the Agenda Report.
BACKGROUND: The City's Capital Improvement Program includes the construction
of sidewalk, curb, gutter and pavement on Pujol Street from First Street to Sixth Street and a
portion of the Sixth Street, Project No. PW98-17. This Sidewalk Improvement is located within
the Project Area of the Temecula Redevelopment Agency Project Area 1988-1. The Agency's
planning also calls for this Project to be funded partially by the Agency.
The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and
encourages cities and redevelopment agencies to aid each other and to cooperate in the
planning, undertaking, construction, and operations of redevelopment projects. Sections 33220
(b) and (c) specifically authorizes such cooperative agreements allowing a city and a
redevelopment agency to assist each other in the construction and installation of streets, roads,
water, sewer, or drainage facilities.
The Redevelopment Plan for the Temecula Redevelopment Agency Project Area 1988-1
specifically authorizes the expenditure of Agency funds on road construction within or
benefiting the Project Area.
r:lagdrpt\99%1214/Council rdacoop98-17/ajp
1
Completion of this Project will promote the goals of the redevelopment, as it will complete
necessary public infrastructure improvements as detailed in the City's Capital improvement
Program.
The attached Cooperative Agreement between the City of Temecula and the Redevelopment
Agency of the City of Temecula for construction and funding of the Pujol Street Sidewalk
Improvements will implement the funding plans of the City and the Agency.
FISCAL IMPACT: The Pujol Street Sidewalk Improvements is a Capital Improvement Project
funded through Community Development Block Grant, AB 2766 and Redevelopment Agency funds.
A total of $105,000 has been budgeted by the Agency, the total project cost is estimated at $225,000
for this project.
ATTACHMENT: Cooperative Agreement
r:\agdrpt%99\1214\Council rdacoop98-17/Np
2
COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA
AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
FOR THE PUJOL STREET SIDEWALK IMPROVEMENTS
PROJECT NO. PW98-17
THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and
between the City of Temecula, a municipal corporation CCityD and the Redevelopment Agency of the City
of Temecula, a public body, corporate and politic ( "AgencyD. In consideration of the mutual covenants and
obligations set forth herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes, which each party
finds and determines to be true and correct:
a. The Community Redevelopment Law at Health and Safety Code Section 33220
authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the
planning, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c)
specifically authorize such cooperative agreements between a city and a redevelopmerit agency to assist each
other in the construction of sidewalk, curb, gutter and pavement on Pujol Street from First Slreet to Sixth
Street.
b. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1
specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project
Area.
c. The Pujol Street Sidewalk Project, Project No. PW98-17 is a part of the City's
Capital Improvement Plan and is located within the Project Area of Temecula Redevelopmerit Project Area
1988-1.
d. Completion of the Project will benefit the Project Area and will assist in the
elimination of blight within the Project Area as it will complete necessary public infrastructure improvements
as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and
promote expansion of the commercial areas served by the interchange within the Project Area through
improved freeway access, and promote expansion of employment opportunities within the commercial areas
served by the interchange within the Project Area, among others.
No other reasonable means of financing the improvements are available to the
community.
2. The City and the Agency agree to cooperate and share responsibility for the design and
construction of the Project in accordance with the terms of this Agreement.
3. The City shall undertake the tbllowing responsibilities with respect to the Project:
a. Prepare the necessary engineering and environmental studies for the Project;
b. design the necessary improvements for the Project;
c. acquire necessary rights.-of-way for the Project;
R:\c ip\prc~iects\pw98Xpw98-17\coop .rda/Ijp
prepare necessary plans, specifications and bid documents for the Project;
obtain all necessary permits and enti~ements from Callram and other public agencies;
solicit bids and award construction contracts for the Project; and
administer the construction contracts.
4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to
pay pursuant to this Agreement. City shall pay the costs of acquiring the right-of-way for the Project, which
costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall,
however, reimburse City for its payments made for the value of the right-of-way acquired.
5. The City Manager, upon the recommendation of the Director of Finance, shall determine the
allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall
be final.
IN WITNESS WHEREOF the parties hereto have executed this Ageement as of the date first
written above.
CITY OF TEMECULA
BY:
Jeffrey E. Stone, Mayor
Attest:
Susan W. Jones, CMC/AAE, City Clerk
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
BY:
Ron Roberrs, Chairperson
Attest:
Susan W. Jones, CMC/AAE, Agency Secretary
Approved As to Form:
Peter M. Thorson, City Attorney/Agency General Counsel
ITEM 13
APPROV,~
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
~..Herman D. Parker, Director of Community Services
December 14, 1999
Acceptance of Grant Deed for Temeku Hills Park; M-A Temeku Hills
Development. LLC Temecula (Southwest Comer of La Serena Way
and Meadows Parkway)
PREPARED BY: '~eryl Yasinosky, Development Services Analyst.
RECOMMENDATION: That the City Council:
Accept a grant deed from M-A Temeku Hills Development, LLC Temecula for the dedication
of Temeku Hills Park, an 11.43-acre park site within the Temeku Hills Development.
2. Authorize the City Clerk to record the grant deed.
BACKGROUND: On October 7, 1997, the City Council approved Amendment No. 3
to Specific Plan No. 199 and the Amendment and Restatement of Development Agreement No.
5 for Specific Plan No. 199, Village "A", more appropriately known as Temeku Hills. Pursuant to
this agreement, the developer, M-A Temeku Hills Development, LLC is required to fully improve
and dedicate a park to the City prior to the 608th building permit.
As a result, M-A Temeku Hills Development, LLC has ful~lled this agreement and has completed
the construction of an 11.43-acre park site. The park is located at the southwest corner of La
Serena Way and Meadows Parkway. The park includes such amenities as day-use ball fields,
soccer field overlays, restroom facilities, large tot lot, drinking fountains, covered picnic areas,
barbecues, open grass areas, and parking lot areas.
Temeku Hills Park has been inspected and approved by the TCSD Maintenance Superintendent.
The enclosed grant deed and legal description has been reviewed by City staff to insure that all
legal requirements have satisfied. A policy of title insurance will be provided by the developer to
accompany the transfer of title to the City.
The park will be officially opened to the public at a dedication ceremony scheduled for January 13,
2000 at 11:00 a.m.
R:/yasinobk/agendaa/temekuhillspark.granKlee~ 121499
FISCAL IMPACT: Cost for maintaining Temeku Hills Park for the remaining portion of
this fiscal year has been estimated at $31,500. This cost was budgeted within the City's
Park/Street Lighting Tax for Fiscal Year 1999-2000.
In accordance with Section 12.5 of the Amendment and Restatement of Development Agreement
No. 5 for Temeku Hills, the developer is entitled to receive fee credits against the parks component
of the City's Development Impact Fee (DIF) in an amount equal to the cost of constructing the park.
Pursuant to this section, the park component of the DIF was eliminated for the first 608 building
permits for an initial park construction credit of $1,077,436.80. In addition, park construction costs
that exceed this initial amount will be eliminated for residential units constructed in excess of 608
units until such time as the park fee credits available to the developer have been exhausted.
As a result, the developer has submitted a detailed summary of park construction costs, which is
currently under review by City staff. Pursuant to the completion of this review, a staff report will
be forwarded to City Council for approval to determine the remaining DIF credits that will be
provided to the developer for the construction of Temeku Hills Park.
ATTACHMENTS:
1. Vicinity Map
2. Copy of Grant Deed
R:/yasinobk/agendaa/temekuhillspark,grantdeed 121499
RECORDING REQUESTED BY:
FIRST AMERICAN TITLE
WHEN RECORDED MAIL TO:
City Clerks Office
City of Temecula
43200 Business Park Drive
Temecula~ CA 92589
FREE RECORDING
This instrument is for the benefit of the
City of Temecula and is entitled to
be recorded without fee
(Govt. Code 6103).
2139093-CG
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TKANSFER TAX S
__ Computed on the consideration or value of property conveyed; OR
__ Computed on the consideration or value less liens or encumbrances
remaining at lhe time of sale.
APN:
TRjk:
GRANT DEED
Signature of Declarant or Agent determining tax-
Firm Name
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED,
M-A TEMEKU HILLS DEVELOPMENT, LLC.,
a Delaware limited liability company
hereby GRANT(s) to
CITY OF TEMECULA,
a body corporate and politic
the real property in the City of Temecula, County of Riverside, State of California, described as follows:
SEE ATTACHED EXHIBIT "A" INCORPORATED HEREIN.
Dated: I Z l' I q '~ M-A TEMEKU HILLS DEVELOPMENT, LLC.,
a Delaware Limited Liability Company
BY: McMILLIN-AMERICAN LLC.,
a Delaware limited liability company, Manager
BY: McMILL1N COMPANIES, LLC.,
its: 'T
BY:
its: ~
MAIL TAX STATEMENTS TO ABOVE ADDRESS
State of California ·
county of
On ILi,i'I4 before me, DEIt~r3 5. t)"",,e~,lt~G,TZ..a N.O~'ttt, JP~bl#~, personally appeared
perso y known to me (,,r p~'gv~d to me on th= barb of satisfactory svidsn~e) to be the person(s) whose name(s) i~are
subscribed to the within instrument and acknowledged to me that Pd.,:,:ic/they executed the same in his.a~r/their
authorized capacity(ies), and that by hi: ~..z.-/their signature(s) on the mstxument the person(s) or the entity upon behalf
of which the person(s) acted, executed the mstrttment.
WITNESS my hand and official seal.
Signature d[{'`'~'~d'V~ ~'~ /T2,t~¢[y
COMM.# 1125049 z
(This area for official notarial seal)
State of California
County of
On before me, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) m be the person(s) whose name(s) is/are
subscribed to the within insmament and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(This area for official notanal seal)
TEMEKU PARK SITE
EXHIBIT "A"
A portion of Parcel 4 per Amended Parcel Map 21884, as filed in Book 152 pages 22 through 31
inclusive, of Parcel Maps, Records of Riverside County, within the City of Temecula, County of
Riverside, State of California, more particularly described as follows:
All of that portion of said Parcel 4, per said Amended Parcel Map 21884, lying Northerly and
Easterly &Tract 23371-11 as filed in Book 275, Pages 48 through 55 inclusive, of Maps,
Records of said County.
Containing 11.432 acres more or less.
Robert A. Stockton, R.C.E. 33591
License Expires 6-30-2002
Date:
F'x 13193\legalsx193sd.wpd
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE
WITHIN GRANT DEED TO THE CITY OF TEMECULA, A POLITICAL CORPORATION
AND/OR GOVERNMENTAL AGENCY, IS HEREBY ACCEPTED BY ORDER OF THE CITY
COUNCIL THE DATE BELOW AND THE GRANTEE CONSENTS TO THE RECORDATION
THEREOF BY ITS DULY AUTHORIZED OFFICER.
DATE
Susan W. Jones, CMC/AAE
City Clerk
ITEM 14
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Anthony J. EImo, Chief Building Official.,//t'v'
December 14, 1999
Contract Inspection Services for Building and Safety
RECOMMENDATION: That the City Council approve a First Amendment to an Agreement for
Consultant Services with P & D Consultants, in an amount not to exceed eighty thousand dollars
($80,000), to provide supplemental building inspection services to the Building and Safety
Department.
BACKGROUND: On July 27, 1999, the City of Temecula entered into an Agreement with P & D
Consultants for sixty thousand dollars ($60,000). At this time further funds in the amount of twenty
thousand ($20,000) are needed to complete inspections for the Mall project, the Power Center and
the out lots. Additionally, the City of Temecula also used the services of JAS Pacific, Inc. to
provide Contract Inspection Services. We are no longer using this Consultant and would like to
transfer this amount on that Agreement, to P & D Consultants.
DISCUSSION: Construction activity has continued to increase, with the construction of the mall
and anchor stores, along with the level of residential construction, it is necessary to supplement
the regular inspection staff, with contract building inspectors. P & D Consultants has provided
resumes of certified building inspectors that staff feels possess the experience and qualifications
to assist the regular inspection staff in maintaining the current level of service to the development
community.
FISCAL IMPACT: No fiscal impact. We request a transfer of the remaining amount on JAS
Pacific, Inc. Purchase Order in the amount of approximately twenty thousand dollars ($20,000).
No further appropriation of funds will be necessary for this purpose.
F: \DEPTS\BLDGSAFE\BROCKMEI\AGENDA\P&D CONSULTANTS FIRST AMENDMENT.DOC I 12/1/99
FORM OF AMENDMENT TO CONSULTANT AGREEMENT
FIRST AMENDMENT TO AGREEMENT BETWEEN CITY
OF TEMECULA AND P & D CONSULTANTS
THIS FIRST AMENDMENT is made and entered into as of December 14. 1999 by and
between the City of Temecula, a municipal corporation ("City" and P & D Consultants,
(Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 27. 1999 the City and Consultant entered into that certain agreement
entitled "City of Temecula Agreement for Consultant Services" ("Agreement").
B. The parties now desire to amend the Agreement as set forth in this
Amendment.
2. Section 4a of the Agreement is hereby amended to read as follows:
"The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, attached
hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. This amount shall not exceed
Eighty thousand dollars ($80,000~00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement."
3. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
F UDEPTSIBLDGSAFE~BROCKMEIMGMTSIFIRST /L~IENDMNT P& D.DOC I
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF TEMECULA
BY:
Shawn D. Nelson, City Manager
ATTEST:
BY:
Susan W. Jones, CMC/AAE, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULTANT
BY:
P & D Consultants
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of July 27, 1999, between the City of
Temecula, a municipal corporation ("City") and P & D Consultants, ("Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. TERM. This Agreement shall commence on July 27, 1999. and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June
30, 2000, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and
to the best of his or her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in meeting
its obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the above tasks.
This amount shall not exceed Sixty thousand dollars ($60,000) 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.
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. SUSPEI,,,.,ION OR TERMINATION OF AGREE~,.-,IT 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 OFCONSULTANT.
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 wdtten notice of the default. The Consultant shall have (10) days after service upon
it of said notice in which to cure the default by rendering a satisfactory performance. In the event
that the Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting pdnciples and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or
its designees at reasonable times to such books and records, shall give City the dght 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 wdtten request by the
City, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
c. With resp,~ct to the design of public improvements, .ne Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which
the City, its officers, agents and employees may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Consultant's negligent
or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement,
excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum ScoPe of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001 ).
(2)
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3)
Worker's Compensation insurance as required by the State of
California and Emptoyer's Liability Insurance.
(4) Errors and omissions liability insurance appropriate to the
consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2)
Automobile Liability: $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:
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability adsing out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be pdmary 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 insurers liability.
(5)
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior wdtten notice by certified mail, return receipt requested,
has been given to the City.
e. AcceDtabilitv 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 Coveraoe. Consultant shall furnish the City with odginal
endorsements effecting coverage required by this clause. The endorsements are to be signed by
a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees or agents shall have control over the conduct of Consultant or any of
Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall
not at any time or in any manner represent that it or any of its officers, employees or agents are in
any manner officers, employees or agents of the City. Consultant shall not incur or have the power
to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services heraunder for City. ,.4ty shall not be liable for compensat,., ~ or indemnification to
Consultant for injury or sickness adsing 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 off~cers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
thereunder or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or
similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the
opportunity to review any response to discovery requests provided by Consultant. However, City's
right to review any such response does not imply or mean the right by City to control. direct, or
rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Exprass, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589~9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
P & D Consultants
999 Town & Country Road
4t" Floor
Orange, CA 92868
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. LICENS,-~. At all times during the term of this Ag~ ~ement, Consultant shall
have in full fome 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 dghts, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this
Agreement, the prevailing party as determined by the Court, shall be entitled to actual and
reasonable attorney fees and litigation costs incurred in the litigation.
17. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior
or contemporaneous agreements, understandings, representations and statements, oral or written,
are merged into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
18. AUTHORITY TO 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
Consuitant 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 wdtten.
CITY OF TE LA
Bi ' dd
· , Mayor
i
Peter M. Thorson, City Attorney
CONSULTANT
By
P & D Consultants
Joh , J~residenZ ~ C,,~
EXHIBIT A
TASKS TO BE PERFORMED
Perform combination building inspection on an as-needed basis.
EXHIBIT B
PAYMENTSCHEDULE
For and in consideration of the Contractor's services, inspection services shall be provided at the
rate of $45.00 per hour, plus $.30 per mile for each mile accumulated while performing inspection
services for the City. Should the City provide vehicular transportation for Contractor's use, no fees
shall be charge for mileage.
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
NOVEMBER 16, 1999
An adjoumed regular meeting of the City of Temecula Community Services Distdct was called
to order at 7:55 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
ROLL CALL
PRESENT:
5 DIRECTORS: Ford, Lindemans, Roberts,
Stone, and Comerchero.
ABSENT: 0 DIRECTORS: None.
Also present were General Manager Nelson, City Attomey Thorson. and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Temeku Hills - Tract Nos. 23371. 28482, 28526, and 29033 (all phases) Service Level C
Rates and Chames (located at the northeast comer of Mamadta and Rancho Califomia
Roads)
RECOMMENDATION:
1.1 Adopt a resolution entitled:
RESOLUTION NO. 99-14
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH
RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR
TEMEKU HILLS - TRACT NOS. 23371, 28482, 28526, AND
29033 (ALL PHASES) BEGINNING FISCAL YEAR 2000-2001
AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING
IN CONNECTION THEREWITH
2 Completion and Acceptance of Temecula Valley Museum Construction
RECOMMENDATION:
2.1 Accept the project Temecula Museum as complete;
2.2 File a Notice of Completion and release the Performance Bond and the
Materials and Labor Bond 35 days after the filing of the Notice of Completion.
if no liens have been filed.
R:\Minutes\l 11699
1
MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1-2. The motion was
seconded by Director Roberrs and voice vote reflected unanimous approval.
DEPARTMENTAL REPORT
Inviting the public to attend, Director of Community Services Director of Community Services Parker
relayed the following upcoming activities:
· The San Diego Padres Ribbon Cutting Ceremony scheduled to be held at 3:30 P.M., on
Thursday, November 18, 1999 at the Sports Park.
· The annual Santa's Electric Light Parade scheduled to be held at 7:00 P.M., on
Thursday, December 2, 1999, on Jefferson Avenue, progressing norlhedy from Del Rio
Road up to Ovedand Ddve.
DIRECTOR OF COMMUNITY SERVICES REPORT
No comments.
GENERAL MANAGER'S REPORT
No comments.
BOARD OF DIRECTORS' REPORTS
No comments:
ADJOURNMENT
At 7:57 P.M., the Temecula Community Services Distdct meeting was formally adjourned to
Tuesday, November 22, 1999, City Council Chambers, 43200 Business Park Ddve, Temecula,
California.
ATTEST:
Jeff Comerchero, President
Susan W. Jones, CMC/AAE
City Clerk/District Secretary
[SEAL]
R:~Minutes\l 11699
2
ITEM 2
CITY MANAGER
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
PREPARED BY:
General Manager/Board of Directors
Genie Roberts, Director of Finance
December 7, 1999
Financial Statements for the Three Months Ended September 30, 1999
William B. Pattison, Senior t ,
file
RECOMMENDATION: That the Board of Directors receive and
Statements for the Three Months Ended September 30, 1999.
the Financial
DISCUSSION: The attached financial statements reflect the unaudited activity of the
Community Services District for the three months ended September 30, 1999. Please see the
attached financial statements for an analytical review of financial activity.
FISCAL IMPACT: None
ATTACHMENTS:
Combining Balance Sheet as of September 30, 1999
Statement of Revenues, Expenditures and Changes in Fund Balance for
the Three Months Ended September 30, 1999
TEMECULA COMMUNITY SERVICES DISTRICT
Combining Balance Sheet as of
September 30, 1999
and the
Statement of Revenues, Expenditures and
Changes in Fund Balance
For The Three Months Ended
September 30, 1999
(Unaudited)
Prepared by the Finance Department
Temecula Community Services Dis~et
Coralfining Balance Sheet
AsofSeptember 30, 1999
Parks & 5errice Service Service
Recreation Level A Level B Level C
Cash and invesunents $ 364,153 $ 8,052 $ 289,443
Receivables 11,687 140 $ 337 4,552
Due from other funds 21,054
Total assets $, 396,894 $ 8,192 $ 337 $ 293,995
Liabilities and fund balances:
Liabilities:
Due to other funds
Other currant liabilities
$ 3,284
$ 115,599 $ 8,065 $ 35,794
115,599 8,065 3,284 35,794
Fund balances:
Reserved 436,649 14,800 217,384
Designated 40,817
Undesignated (1) (155,354) (14,673) (2,947)
Total fund balances 281~295 127 {2,947) 258,201
Total liabilities
and fund balanees $ 396,894 $ 8,192 $ 337 $ 293,995
(1) Undesignated deficits are a result of assessment~special m revenues that are not
received until January and May each year.
Please note Umt these balances are unaudited
T~cula Community Services Dish-ict
Comb'ruing Balanc~ Slu~t
As of September 30, 1999
Cash and investments
l~c~ivables
Due from other funds
To~alass~ts
Servic~ S~n4c~ D~bt
Level D Level R S~vic~ Total
$ 196,375 $ 16,514 $ 852,675 $ 1,727,212
4,373 202 17,002 38,293
21,054
$ 200,748 $ 16,716 $ 869,677 $ 1,786,559
Liabilities and fund balances:
Liabilities:
Due t~ otha f~nds
Other current liabilities
Fund balances:
Reserved
Designated
Undesignated ( 1 )
Total fund balances
Total liabilities
and fund balances
$ 3,284
$ 195 159,653
195 162,937
602 $ 502,690 1,172,125
199,951 $ 16,716 366,987 624,471
(172,974)
200,553 16,716 869,677 1,623,622
$,,, 200,748 $ 16,716 $, 869,677 $, 1,786,559
Pless~ not~ fitat these balances ar~ uanudited
Temecula Ccmmnmity Services District
Parks and Recreation
Statenk~t of Revenues, Expenditures and Change~ in Fund Balance - Budget and Amsl
%r the Three Months Ended September ~0, 1999
Annual
Amended YTD
Budget Activity
Total
Activity
Special tax S 2,395,240
TCSD allrain f~ eredirt'REST" 1,290,000 $ 322,500
~on programs 480,490 167,803
invesuneat interest 30,000 10, 150
lviiscellnneous 113,330 4,900
322,500
167,803
10,150
4,900
Total Revenues 4,309,060 505,353
505,353
Expenditures:
Parks and recreation
Seniors
Community Recreation Center (CRC)
Recreation programs
Temecula Commumty Center ('rcc)
Museum
Operating transfen out
Percemt
of Budget
Total Expenditures
(~)
25%
35%
34%
4% (2)
Revenues Over/(Under) Expenditures
12%
'ginning Fund Balance, July 1, 1999 1,046,673 1,046,673
Ending Fund Balance, September 30, 1999 $ 989,727 '$ 281,295
Notes:
(I) Special tax is primarily received in January and May each fiscal year.
(2) The variance is primarily due to C]P reimbursements not being recorded during the furst quarter.
(3) The variance is primarily due to encumbrances that are recorded for landscape nmintamnce services for the antire year.
(4) The variance is primarily due to se,~sonal personnel costs for recreation programs.
(56,946) (%5,378)
4,366,006 1,270,731 437,090 1,707,821 39%
2,676,511 617,561 $ 359,661 977,222 37% (3)
109,950 23,807 8,253 32,060 29% (3)
370,120 85,310 25,365 110,675 30% (3)
407,990 146,004 15,436 161,440 4(P,4 (4)
141,024 35,773 10,205 45,978 33% (3)
177,006 30,054 18,170 48,224 27o4
483,405 332,222 332,222 69%
Tem~cula Community Sen'ices District
Service Level A
Arterial Street Lights and Median Mainte~mncc
Sta~-ment ofRevcau~, Expcnditutc~ and Changes in Fund p_qlsncc - Budget and Actual
Forthe Three Months Ended September 30, 1999
Annual
Am~d~l YTD Total
Budget Activity Encumbr. Activity
Special lax $ 196,950
Inv~slraont int~st 100 $ 140 $ 140
TCSD admin fee oredit'~REST" 76,000 19,000 19,000
Slteet lighting fees 9,480 7,099 7,099
Miscellaneous 1S ,000 223
ToUtl Revenues 297,530 26,462 2&239
Expenditures:
Salaries and wages 2,890 675 675
Street lighting 240,000 55,677 55,677
Landscape maintenance 24,000 3,600 $ 12,950 16,550
Other operating expenditures 31,500 5,680 5,680
Total Expendittues
Revenues Over/(Under) ExpendiV. tres
Beginning Fund Balonce, July 1, 1999
Ending Fund Balance, September 30, 1999
Perceat
of Budget
(~)
140%
25%
75%
23%
23%
69% (2)
lg%
298,390 65,632 12,950 78,582 26%
(g60) (39,170)
39,297 39,297
$ 38,437 $ 127
Notes:
(1) Special tax is primarily received in January and May each fiscal year.
(2) The variance is primarily due to oncumbranees that are recorded for landscape maintenance services for the entire year.
Temecula Commumty Services District
Service Level B
Residential Street Lights
Statement of Revenues, Expenditures and Changes in Fund lhlaueo - Budget ~nd Actual
For the Three Months Ended September 30, 1999
Assessments
Investment interest
Street lighting fees
Miscellaneous
Total Revenues
Expenditures:
SUeet lighting
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 1999
Ending Fund Balance, September 30, 1999
Annual
Amended YTD
Budget Activity Encurabr.
321,900
1,000 $ 337
11,200 9,720
1,600 100
335,700 10,157
328,000 77,852
7,700 73
335,700 77,925
(67,768)
64,821 64,821
$ 64,821 $ (2,947)
Total
Activity
Percent
of Budget
337
9,720
100
10,157
77,852
73
77,925
(1)
34%
87%
6%
3%
24%
1%
23%
(1) Special tax is primarily received in January and May each fiscal year.
Tcmccula Community Services DisU~ct
Service Level C
Pcrimet~ Landm-s~ng and Slope Maintenance
Ststcment of Revenues, Expenditures and Chnn~es in Fund Balan~ - Budget and Actual
Fs the Three Months Ended September 30, 1999
Inv~sUncnt interest
Total Revenues
Expenditures:
Annual
Ame~l~ YTD
Budget Activity
$ 559,840 $ 100
14,000 4,552
20,000 11,140
1,000 100
Total Percent
Encumbr. Activi~ of Budget
594,840 15,892
Salaries end wages 114,420
Landscape maink*mmee 299,320
Utilities 135,600
Other expenditures 82,180
Total Expenditm~s
Revenues Oval(Under ) Expenditures
Beginning Fund Balance, July 1, 1999
EndingFundBalance, September30,1999 $
23,098
69,679
61,042
10,680
$ 264,777
631,520 164,499
(36,680) (148,607)
406,808 406,808
370,128 $ 258,201
100 0%(1)
4,552 33%
11,140 56%
100
15,892
23,098
274,456
61,042
10,680
3%
20%
92% (2)
45% (3)
13%
204,777 369,276 58%
Notes:
( 1 ) Asse"~ments are primarily received in January and May each fiscal year.
(2) The vm'iunce is primarily due to encumbrances that are recorded for landscape maintenance services for the entire year.
(3) The variance is primarily due to the seasonal utility usage (water).
Temecula Conunity Services Dis~ct
Sen, ice Level D
Refuse Collection, Recycling end Street Sweepin~
Statement of Revenues, Expenditmes and Chan~es in Fund Balance - Budget end Actual
For she Three M~nh~s Ended September 30, 1999
.~se~,.sments
Inveslment interest
Total Revenues
Expenditures:
Salaries end wages
Refuse hauling
Other expenditures
Total Expenditures
Revenues Over/CUnder) Expenditures
Beginning Fund Balence, July 1, 1999
Ending Fund Balance, September 30, 1999
Annual
Amended YTD
Budget Activity
2,310,410
14,000 $
2,324,410
4,372
4,372
27,440 6;.49
2,310,410
11,110
2,348,960 6;.49
(24,550) (1,877)
202,430 202,430
177,880 $ 200,553
Total Percent
Encumbr. Activity of Budget
$ 4,372
$ 602
6O2
4,372
6;.49
602
6,851
(1)
31%
0%
23%
(2)
5%
0%
No~s:
( 1 ) Aestssanents are pfimm'ily received in January and May each fiscal year.
(2) Refuse hauling payments are made semi-annually (in Januaxy end July).
7
Temecula Community S¢~ric, cs District
Service Level R
Streets and Roads
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and A~tual
For the Three Months Ended Sept~nbor 30, 1999
Assessments
Investment interest
Total Revenues
Expenditures:
Emergency street maintenance
Other expenditures
Tom[ Expenditures
Revenues Ovor/(Under) Expenditures
Beginning Fund Balance, July 1, 1999
Ending Fund Balance, September 30, 1999
$ 11,660
5~ S ~2
12,160 202
17,080
80
17,1~
(5,000) 202
16,514 16,514
$ 11,514 $ 16,716
( 1 ) Assessments are primarily received in January and May each fiscal year.
Perc, e~t
of Budget
202
202
(1)
40%
2%
Tane~ula Community Services District
Debt Service Fund
Stat~nent of Revenuea, Expenditm~s and Changes in Fund Balance - Budget and Actroll
For the Three Months Ended September 30, 1999
Ann~
Amend~ Totnl
Budget Activit~
Operating transfers in $ 464,670 $ 332,222
Investment interest 35,600 8,501
Total Revenues 500,270 340,723
Expe~ditttrea:
Debt service - principal 200,000
Debt service - interest 293,970
Other expenditures 6,300
Total Expenditures 500,270
Revenues Over/(Under) Expenditures 340,723
Beginning Yund Balance, July 1, 1999 528,954 528,954
Ending Fund Balanee, September 30,1999 $ 528,954 $ 869,677
Percent
of Budget
71%
24%
68%
(1)
(1)
( 1 ) Debt service payments are made in October and April each year.
ITEM 3
ITY A'FI'OR~'~YPROVAL,~t~
~,,
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Herman D. PankeG Director of Community Services
December 14, 1999
Temecula Library Design Contract
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the Board of Directors award a contract of $708,710 plus an
additional $30,000 for raimbursables to LPA for the schematic design, design development and
construction documents for the Temecula Library Project.
DISCUSSION: On May 12, 1998, the City Council awarded a design contract to LPA
for the programming, preliminary conceptual planning, and site selection services for the proposed
Temecula Library. On April 13, 1999, the City Council approved the conceptual plan and site for the
new library. Upon this approval, the Council directed staff to negotiate with LPA for a scope of
services and compensation for the completion of schematic design, design development, and
construction drawings for the library facility.
The conceptual planning phase consisted of consideration of building massing, open space
requirements, pedestrian/vehicular circulation, parking and potential building expansion.
Programming was included in this phase, defining departmental and common area space
requirements, functional adjacencies and circulation needs, and operational and technological
requirements. The final phase of the project was site evaluation. Several potential sites were
identified and discussed with the project committee, comprised of comprised of City Council
Members Ron Roberts and Jeff Stone, representatives from the County Library Commissioner,
Friends of the Library, County library staff, City staff, other interested parties and the consultants.
The project committee recommended a site on Pauba Road just west of Parkview Fire Station No.
84. This site was subsequently approved by the City Council as the location for the new Temecula
Library.
Staff has obtained an aerial survey of the site for use by LPA in the preparation of their scope of
services for the second design phase. Staff has also entered into an agreement for geotechnical
services, which will be necessary for final design of the facility. Staff has negotiated with LPA for
the final design phase, consisting of schematic design, design development and construction
documents. Upon completion of this design phase, the project will be ready to bid.
No funding source has been identified for construction of this project at this time. However, a State
\\TEMEC_FS101 ~VOL1 ~DeptS\CSD~RUSEP~AGENDAS~ibrary design bid docs-LPA-bod.doc
bond issue for libra~ construction will be on the March, 2000 ballot. The City Council has already
appropriated the requisite 35% matching funds necessary to meet the bond requirements. Staff is
aware that there will be additional costs for such services as construction management and soils and
material testing during construction. Additional funding is available in the capital improvement
budget for this project to cover these costs.
Staff is also working with the Temecula Valley Unified School District to establish collaborative library
programs. Such programs will make a grant application for the potential bond funds more
competitive. Completing the construction documents and having a shelf ready set of plans will place
the City in a more competitive position to take advantage of this or any other grant funding that might
become available in the future for the completion of this project.
FISCAL IMPACT: Total cost of the Professional Services Contract is $708,710, plus an
additional $30,000 for reimbursables. This project is funded by Development Impact Fees and
Capital Projects Reserves and was approved in the City's Capital Improvement Program for FY
1999/2000 in account number 210-199-129-5802. To date, funds in the amount of $58,000 have
been expended for the conceptual plan, leaving sufficient funds available for the remaining design
phase.
\\TEMEC_FSI01 ~VOLI~Depts\CSD~RUSEP~AGENDAS'.Jibrary design bid docs-LPA-bod.doc
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
(TEMECULA LIBRARY)
THIS AGREEMENT is made and effective as of December 14, 1999, between the
City of Temecula Community Services Distdct ("District") LPA ("Consultant"). In consideration of
the mutual covenants and conditions set forth herain, the parties agree as follows:
1. TERM. This Agreement shall commence on December 14. 1999, and shall
ramain and continue in effect until tasks described herein are completed, but in no event later than
December 31, 2001, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all 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 District agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and
Schedule, attached hereto and incorporated herain by this reference as though set forth in full, based
upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and
schedule of payment are null and void. This amount shall not exceed Seven Hundred Eight
Thousand Dollars Seven Hundred Ten and Nol100 ($708,710) and an additional Thirty Thousand
Dollars and No/100 ($30,000) for reimbursables 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 wdting 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 District'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 twenty -five
thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by
the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the Distdct disputes any of consultant's fees it shall give wdtten
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
P~Agreements\Consultant 99 I
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The District may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any podion 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 District 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 Distdct
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 District. Upon termination of the Agreement pursuant to
this Section, the Consultant will submit an invoice to the Distdct pursuant to Section 4.
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, District 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 satisfactonJ performance. In the event that the
Consultant fails to cure its default within such pedod of time, the District 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 District 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 cleady identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Distdct
or its designees at reasonable times to such books and records, shall give District the dght to
examine and audit said books and records, shall permit District 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
pedod 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 odginal documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the Distdct
and may be used, reused or otherwise disposed of by the District without the permission of the
Consultant. With respect to computer files containing data generated for the work, Consultant shall
make available to the District, upon reasonable written request by the District, one (1) copy of
computer drawing files on diskette(s) in a format (DGN, DWG or DXF) as determined by the District..
P~Agreements\Consultant 99 2
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 District, its officere, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attomey fees and expert
witness fees, or liability of any kind or nature which the District, 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 adsing out of Consultant's negligent or wrongful acts or omissions arising out
of or in any way related to the performance or non-performance of this Agreement, excepting only
liability arising out of the negligence of the District.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scol3e of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code I (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3)
Workers Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4)
Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
General Liability: $2,000,000 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)
Worker*s Compensation as required by the State of California;
Employers Liability: One million dollars ($1,000,000) per accident for
bodily injury or disease.
P',Agreements~Consultant 99 3
a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the District. All endorsements are to be received and approved by the District
before work commences. As an alternative to the District's forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements effecting
the coverage required by these specifications,
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the District a wholly
independent contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultanrs exclusive direction and control. Neither District
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the District. Consultant
shall not incur or have the power to incur any debt. obligation or liability whatever against District,
or bind District 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, District shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for District. District shall not be liable for compensation or
indemnification to Consultant for injury or sickness adsing out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The
District, 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 Distdct'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 District notice of such court order or subpoena.
b. Consultant shall promptly notify District 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. Distdct 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 District and to provide District with the
opportunity to review any response to discovery requests provided by Consultant. However.
District's right to review any such response does not imply or mean the right by District to control.
direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
P~Agreements\Consultant 99 5
(4)
Professional Liability coverage: Two million ($2,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the District, its officers, offdais, 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)
(2)
(3)
(4)
(5)
The District, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the District, its officers. officials,
employees or volunteers.
For any claims related to this project. the Consultanrs insurance
coverage shall be primary insurance as respects the District, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained by the District, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided
to the District, its officers, officials, employees or volunteers.
The Consultanrs insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the District.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Besrs rating of no less than A:VII. unless otherwise acceptable to the District. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of CoveraGe. Consultant shall furnish the District with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by
P%Agreements\Cortmjitant 99 4
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To District:
To Consultant:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, Califomia 92589-9033
43200 Business Park Drive
Temecula, Califomia 92590
Attention: City Manager
LPA
17848 Sky Park Circle
lrvine, CA 92614
Attention: Jim Wirick
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
District. Because of the personal nature of the services to be rendered pursuant to this Agreement,
only Jim Wirick shall perform the services described in this Agreement. Jim Wirick may use
assistants, under his direct supervision, to perform some of the services under this Agreement.
Consultant shall provide District fourteen (14) days' notice prior to the departure of Jim Wirick from
Consultant's employ. Should he leave Consultant's employ, the District shall have the option to
immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon
termination of this Agreement, Consultant's sole compensation shall be payment for actual services
performed up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
16. GOVERNING LAW. The District and Consultant understand and agree that
the laws of the State of Califomia shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party
against the other to enforce its rights under this Agreement, the prevailing party, as determined by
the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the
relief granted.
17. 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.
P%Agreements\Consultant 99 6
18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above wdtten.
CITY OF TEMECULA
Jeff Comerchero, President
Attest:
Susan W. Jones, CMC/AAE, City Clerk
P%Agreements\Consultant 99 7
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
LPA
By:
Name:
Title:
By:
Name:
Title:
(Signatures of two corporate officers required for Corporations)
P%Agreernents%Consuitant 99 8
EXHIBIT A
TASKS TO BE PERFORMED
P%Agreements~Consultant 99 9
GENERAL
During the proiect, certain activities occur in each phase.
These activities, described below, are non-sequential and
may not be appFicable to all phases of the project. These
activities include:
0.1
EXHIBIT A
0.2
0.4
Project Administration services consisting of
administrative functions including:
.01 Preparation of compensation estimates and
professional services agreement(s).
.02 Project-related research.
.03 Conferences.
.04 Communications.
.05 Travel time.
.06 Progress reports.
.07 Direction of the work of in-house
personnel.
Disciplines Coordination/Document Checking
services consisting of activities for'
.01 Coordination between LPA's work and tile
work of engineering and other involved
disciplines for the Proiect.
.02 Review and checking of documents
prepared for the Proiect.
Agency Consulting/Review/Approval
consisting of activities inciuding:
services
.01 Agency consultations.
.02 Research of applicable regulations.
.03 Preparation of written and graphic
explanatory materials.
.04 Appearances with City staff at agency and
community meetings.
.05 Planning boards.
Owner-supplied Data Coordination services
consisting of activities including:
.01
.02
.03
Review and coordination of data furnished
for the Project as a responsibility of the
City.
Assistance to the City in obtaining existing
drawings and related data.
Site photography.
TEMECULA LIBRARY
SCOPE OF BASIC SERVICES
LPA Reference No. 98057.20
TASK 1.0 PROGRAMMING SERVICES
Completed in 98057.10.
TASK 2.0 MASTER PLANNING
Completed in 98057.10
The following Basic Services would commence following the
completion of the Programming and Master Planning Phase.
TASK 3.0 SCHEMATIC DESIGN
3.1 Confirm the Project Budget and Project Schedule.
3,2
Prepare a slide presentation for the City of Temecula
that will illustrate examples of design character,
stimulate discussions and assist in setting a design
direction.
3.3
Based on tile approved Building Program, Project
Schedule and Project Budget requirements, LPA shall
prepare Schematic Design documents consisting of
the following drawings and documents illustrating the
scale and relationship of project components.
.01 A site plan showing the Library building,
parking lot and access roads.
.02 Landscape concept.
.03 A Floor Plan listing each space designated in
the Library Building Program and identified
by the area/space name assigned m the
Building Program. This plan shall also
provide conceptual furnishings and
equipment layout.
.04 A tabulation of the square footage for each
area called for in the final Building Program
compared to the square footage shown oil the
Floor Plan.
.05 A tabulation of the number of books,
magazines and audio-visual materials called
for in the Building Program compared to the
number of books, magazines, and audio-
visual materials which can be housed given
the proposed Furnishings and Equipment
Plan. The tabulation will also provide the
conversion factors utilized (books per double
faced unit, or books per linear foot, etc.)
.06 A tabulation of the number of reader's seats
by area called for in the Building Program
compared to the number of reader's seats
shown on the Furnishings and Equipment
Plan.
.07 Exterior Elevations of all four sides of tile
building showing general locations of
openings, roof lines, grade lines, etc.
LPA
3.6
3.7
3.8
.08 Two sections through the building, one
longitudinal and one latitudinal.
.09 Three sketch renderings; one interior, two
exterior (Estimated value at $5000).
Continue discussion regarding acoustics, technolo~Ry,
security, and FF&E. Audio/visual systems to be
discussed as required.
LPA to develop a preliminary budget estimate based
upon schematic design drawings.
LPA shall assist the city staff in securing design
approvals from the City of Temecula.
TASK 4.0 DESIGN DEVELOPMENT
4.1
Based upon the approved Schematic Design
documents and any adjustments authorized by City
of Temecula in the Proiect Schedule or Project
Budget, LPA shall prepare Design Development
documents consisting of the following drawings and
other documents to affix and describe the size and
the character of the project as to architectural,
structural, mechanical and electrical systems,
materials and such other elements as may be
appropriate:
.01 Site Plan (within the Project Limits) showing
all buildings on the site, access roads,
parking, topography, survey control points,
bench marks, drainage, roads and sidewalks,
routing of sewer, water, gas and other
utilities.
.02 Architectural Floor Plan showing complete
functional layout, room designations, major
dimensions and furnishings and equipment.
.03 A tabulation of the square footage for each
area called for in the final Building Program
compared to the square footage shown on tbe
Floor Plan.
.04 Reflected Ceiling Plan which indicates the
lighting system proposed for the project. This
lighting system plan shall be overlaid on the
furnishings, equipment and signage plan.
.05 Electrical and data distribution systems plan
overlaid on the furnishings, equipment and
signage plan.
,06 Dimensioned Exterior Elevations.
.07 Two Building Sections indicating the
relationship of various levels, floor to ceiling
heights, construction systems and materials.
.08 Signage Schedule.
.09 Landscape Plan with plant material types,
locations, lighting plan proposed site features
and furnishings.
TASK
5.1
5.2
5.3
.10
TEMECULA LIBRARY
SCOPE OF BASIC SERVICES
LPA Reference No. 98057.2_0
A color and materials sample board indk
major interior and exterior colors and finishes.
5.0 CONSTRUCTION DOCUMENTS
Based on the approved Design Development
documents and any further adjustments in the scope
or quality of the Project, or in the Project Budget,
LPA shall prepare Construction Documents and
Specifications setting forth, in detail, the
requirements for the construction of the proiect,
LPA to prepare preliminary budget estimate at 60%
construction documents.
LPA will assist City of Temecula in submitting any
documents required for the approval of governmental
authorities having jurisdiction over the Project.
5,4 Pre-Procurement Furniture Services:
Meet with City of Temecula to finalize:
Insurance & bonding requirements.
Competitive bidding requirements.
FF&E procurement terms and conditicms.
Bidding procedures.
Review existing group purchase agree
including City agency agreements for possible
application to the library project.
Develop procurement strategies for each
category of FF&E including dealer provided
furnishings, and direct purchase items,
Develop a master control list of all FF&E
items indicating status of each item from
award of bid through follow-up on corrective
work. Provide monthly updates through
installation.
Based on outline specs and design
documentation provided by LPA Basic
Services, develop detailed furniture specs
together with general conditions and
performance requirements for bidding and
negotiation by suppliers.
LPA
TASK 6.0
6.1
6.2
TASK
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7,10
7.11
7.12
BIDDING/NEGOTIATION
LPA to submit one (1) set of reproducibJes for City to
distribute to contractors.
LPA to answer issues as they arise during bidding.
7.0 CONSTRUCTION ADMINISTRATION
LPA will visit the site at intervals appropriate to the
stage of construction.
LPA will attend bi-weekly on-site scheduled meetings
to discuss the status of the on-going construction for
the agreed upon length of construction. (Assume 30
visits.)
LPA will review and approve or take other
appropriate action upon contractor's submittals such
as shop drawings, product data and samples.
LPA will provide input for City prepared Change
Orders and Construction Change Directives with
supporting documentation and data if deemed
necessary.
LPA will respond, in writing, to all requests for
reformation statements (RFI's) issued by the
col/tractor.
Review contractor as-builts on monthly basis·
LPA will coilduct a final walk through review of the
construction project and note for submission to the
Owner any deficiencies in the work.
Review furniture storage, delivery, installation and
moving alternatives and present recommendations for
approval·
Review potential suppliers of ancillary services
including art, plants, refinishers, etc. and present
recommendations for approval.
Develop and distribute proposal requests to qualified
suppliers, respond to questions and provide
clarifications as necessary to secure comparable
competitive bids.
Upon receipt of FF&E bids, analyze for
completeness; compare qualifications, services; and
prices and make recommendations for approval.
Notify selected FF&E suppliers and negotiate final
terms.
7.13
7.14
7·15
7.16
TEMECULA LIBRARY
SCOPE OF BASIC SERVICES
LPA Reference No. 98057.20
Work with the City of Temecula to submit
procurement documentation to suppliers.
Follow-up during manufacture to monitor schedule
and progress, answer questions and provide
alternative selections as necessary.
Review acknowledgements and update the master
control list.
Installation Administration Services:
.01 Beginning one month from installation
conduct weekly coordination meetings on-s~te
to answer questions, finalize delivery dates
and installation procedures, confirm building
and parking availability and establish
installation policies·
.02 Assist with coordination of installers and
move coordination provided by the City to
scbedule and monitor FF&E installation,
.03 Confirm completeness of installed FF&E items
and develop a corrective work list of missing
or corrective measures required.
.04 Review payment requests and submit for
payment·
7.17 Post Occupancy Follow-up:
.01 Follow-up to conclusion of corrective work
items.
.02 Review final payment requests and submit for
payment.
8.0
8.1
BASIC SCOPE OF SERVICES
The following consultants are included in our basic
scope:
.01 Architectural.
.02 interiors·
03 Signage and graphics.
.04 Landscape (including
design, as required).
.05 Structural.
,06 Mechanical.
.07 Plumbing.
.08 Fire Protection (design-build).
.09 Electrical.
· 10 Acoustician
.11 Computer/cabling.
.12 Security
.13 Audio/Visual (as required).
.14 FF&E procurement.
· 15 Library consultant.
.16 Costestimator.
irrigation, fountain
LPA
8.2
The following consultants are contracted to the City
directly:
.01 Soils.
.02 Testing and inspection, including:
-Concrete, steel, glulam
-Window wall
-Roofing (as desired)
-Waterproofing (if required)
.03 Grading and staking verification (as required).
8.3 Additional services by LPA may include:
.01 Assistance in fundraising activities.
.02 Creation of promotional materials.
TEMECULA LIBRARY
SCOPE OF BASIC SERVICES
LPA Reference No. 98057.20
Our base fee is 10% of the construction budget
construction budget below). Please note that a separate
agreement will apply to the off-site improvements when that
scope has been determined.
The percentage by phase breakdown is as follows:
A. Masterplan/Programming:
Programming - completed
Master Planing - completed
$34,000
$24,000
Completed under 98057.10
$58,000
B. Base Fee
Please note that services will be billed on a monthly
basis per percentage of completion of each phase.
Schematic Design
Design Development
Construction Documents
Bidding
Construction Observation
106,307
177,177
262,223
21,261
141,742
Su btota I $ 708, 710
C. Reimbursables (estimated)
D. Total this work $73c
This fee is subject to change with changes in scope,
schedule and budget.
BASIC HOURLY RATES
Principal $130.00
Senior Project Manager $115.00
Managing Professional $105.00
Senior Professional $ 95.00
Professional $ 85.00
Professional Staff $ 75.00
Intermediate Staff $ 65.00
Staff $ 60.00
Word Processor $ 50.00
Clerical Staff $ 45.00
Intern $ 40.00
Computer Aided Design
and Drafting (CADD) $ 30.00
NOTE: These rates became effective February 1, 1998 and
are subject to change annually.
Reimbursables cover the following:
· The expenses for reproductions of drawings, pl_.ans
and construction documents, including C ~
vellum plotting, postage, deliveries.
· Excludes professional models, renderings.
· Excludes bid set and construction printing.
LPA
TCSD
DEPARTMENTAL
REPORT
APPROVAL
City ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
December 14, 1999
SUBJECT:
Departmental Report
PREPARED BY: Gail L. Zigler, Administrative Secretary
The Santa Gertrudis Creek Trail undercrossing construction project is complete and is currently
in use. This project will provide a safe link to the Santa Gertrudis Creek Trail, by undercrossing
Winchester Road (State Highway 79 North). A ribbon cutting ceremony is scheduled for
January 13, 2000.
Staff released a Request for Qualifications (RFQ) for the design of an aquatic facility to be
constructed at Chaparral High School. Four firms responded to the RFQ, and two firms were
interviewed. A Scope of Services Agreement was approved by the Board of Directors on
December 7, 1999, with the number one ranked firm, RJM Design Group.
The Community Services Department has released a Request for Qualifications to do a
feasibility study for the construction of a sports complex facility for the City of Temecula. The
RFQ was sent to approximately 20 firms and the deadline for submitting was Friday August 20,
1999. Seven firms responded to the RFQ. Staff is reviewing the proposals at this time.
Staff has negotiated a contract with LPA for the final construction documents and
specifications for the Temecula Library, which will be coming forward to City Council on
tonight's agenda. The first project committee meeting to determine the design detail elements
will be scheduled for January 2000.
The City Council recently awarded a contract to AMS Planning and Research to prepare the
Children's Museum Feasibility Study. The first sub-committee meeting will be held on
December 14, 1999. Following the meeting, the consultant will be conducting individual key
informant interviews on December 14 and December 15, 1999.
F:~DEFrS\CSD\ZIGLERGXXDEFFRFI'X9912 .doc
On December 1, 1999, the City of Temecula celebrated their 10 year anniversary with a dinner
dance at the Temeku Golf Course Ballroom. The event was attended by over 200 guests and
the festivities included a buffet dinner, guest speakers, a video presentation, and Wall of Honor
and Heritage Plaque awards presentation ceremony.
On Thursday, December 2, 1999, the City held their 7t~ annual Santa's Electric Light Parade.
This year's event had over 85 entries and was attended by approximately 25,000 spectators.
Currently staff is coordinating the judging of entries in the annual Holiday Lights and Festive
Sights entries. Saturday, December 11, 1999 the annual Breakfast with Santa and Winter
Wonderland event was held at the Community Recreation Center. Following this event, there
was an awards ceremony for the Santa's Electric Light Parade and the Holiday Lights and
Festive Sights event. Finally, the City held a community wide birthday celebration at 2:00 PM.
There was birthday cake, music and "Temmy" the Community Services Department mascot
made a special appearance.
On December 9, 1999, the Winter/Spring 1999-2000 issue of the Guide to Leisure Activities,
was mailed out to Temecula residents. As with each edition of the recreation brochure, the
Recreation Division has included new and exciting programs, along with our regular programs.
The Maintenance Division continues to oversee the maintenance of parks and recreation
facilities, as well as all other City owned public buildings and facilities. The Maintenance
Division worked closely with staff to prepare for the City's 10 Year Anniversary Celebration,
the Santa's Electric Light Parade, the Tree Lighting Ceremony in Old Town Temecula, and the
Lighting of the Menorah at Sam Hicks Monument Park.
F:\DEFrS\CSD\ZIGLERG~XDEFFRFl'\9912.do¢
D~mbef 9, 1999
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
NOVEMBER 16, 1999
An adjourned regular meeting of the City of Temecula Redevelopment Agency was called to
order at 7:57 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
5 AGENCY MEMBERS: Comerchero, Ford, Roberrs,
Stone, and Lindemans.
ABSENT: 0 AGENCY MEMBER: None.
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Purchase and Sale Aareement for a residential site in the Puiol Area
RECOMMENDATION:
1.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 99-2t
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED
PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED
AT 28640 PUJOL STREET IN THE CITY OF TEMECULA
MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. Agency
Member Ford seconded the motion and voice vote reflected approval with the exception Agency
Member Stone who abstained.
DEPARTMENT REPORT
No comments.
EXECUTIVE DIRECTOR'S REPORT
Executive Director Nelson commended Chairman Lindemans for his leadership with respect to the
Temecuta Redevelopment Agency.
AGENCY MEMBERS' REPORTS
No comments.
R:\Minutes\111699
t
ADJOURNMENT
At 7:58 P.M., the Temecula Redevelopment Agency meeting was formally adjoumed to an
adjoumed regular meeting, November 22, 1999, at 7:00 P.M., City Council Chambers, 43200
Business Park Ddve, Temecula, California.
Karel Lindemans, Chairman
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk/Agency Secretary
[SEAL]
R:%Minutes\l 11699
2
ITEM 2
TO:
FROM:
DATE:
SUBJECT:
" APPROVAL
EXECUTIVE DIR.
CITY OF TEMECULA
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Agency Members
·/A/)XNilliam G. Hughes, Director of Public Works/City Engineer
December 14, 1999
Approval of Cooperative Agreement with the City for Construction and Funding
of Old Town Southside Parking Lots - Project No. PW98-16
PREPARED BY:
Brian Gulllot, Assistant Engineer - Capital Projects
RECOMMENDATION:
That the Redevelopment Agency Board:
Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and
the Redevelopment Agency of the City of Temecula for construction and funding of Old Town
Southside Parking Lots.
Authorize the Chairperson to execute the Agreement on behalf of the Agency in substantially
the form attached to the Agenda Report.
Authorize the budgeted expenditure of $900,000 by the Redevelopment Agency for the
Agency's share of costs to date and project costs incurred as approved by the City or
Agency.
BACKGROUND: The City's Capital Improvement Program includes the construction
of parking lots on the south side of Old Town. The project is located within the Project Area
of the Temecula Redevelopment Project Area 1988-1. The Agency's planning also calls for this
Project to be potentially funded by the Agency.
The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and
encourages cities and redevelopment agencies to aid each other and to cooperate in the
planning, undertaking, construction, and operations of redevelopment projects. Sections 33220
(b) and (c) specifically authorizes such cooperative agreements allowing a city and a
redevelopmerit agency to assist each other in the construction and installation of streets, roads,
water, sewer, or drainage facilities.
The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1 specifically
authorizes the expenditure of Agency funds for construction within or benefiting the Project
Area.
r: \agdrpt\99\ 1214\rdacoopg8-16
Completion of this Project will promote the goals of redevelopment, as it will complete
necessary public infrastructure improvements as detailed in the City's Capital Improvement
Program. The Project will also induce private investment in, and promote expansion of the
commercial/retail areas served by the parking lots within the Project Area through improved
access, and promote expansion of employment opportunities within the commercial/retail areas
served by the parking lots within the Project Area.
The attached Cooperative Agreement between the City of Temecula and the Redevelopment
Agency of the City of Temecula for construction and funding of the Old Town Parking Lot
improvements will implement the funding plans of the City and the Agency.
FISCAL IMPACT: The Old Town Southside Parking Lot is a Capital Improvement Project funded
through Redevelopment Agency Funds. A total of $900,000 has been budgeted by the Agency for
this project.
ATTACHMENT: Cooperative Agreement
2
r:\agdrpt%99%1214%rdacoop98-16
COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA
AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
FOR THE OLD TOWN SOUTHSIDE PARKING LOTS
PROJECT NO. PW98-16
THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and
between the City of Temecula, a municipal corporation ("Ci~'' ~ and the Redevelopment Agency of the City
of Temecula, a public body, corporate and politic ( 'Agency~ ). In consideration of the mutual covenants and
obligations set forth herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes, which each part,/
finds and determines to be lrue and correct:
a. The Community Redevelopment Law at Health and Safety Code Section 33220
authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the
planning, undertaking, construction, and operations of re, development projects. Sections 33220 (b) and (c)
specifically authorize such cooperative agreements between a city and a re, development agency to assist each
other in the construction of parking lots on the south side of Old Town.
b. The Redevelopment Plan for the Temecula Redevelopment Prc~iect Area 1988-I
specifically authorizes the expenditure of Agency funds on road construction within or bene~ting the Project
Area.
c. The Old Town Southside Parking Lots. Project No. PW98-16 is a part of the City's
Capital Improvement Program and is located within the Project Area of Temecula Redevelopment Project
Area 1988-1.
d. Completion of the Prqiect will benefit the Project Area and will assist in ,,he
elimination of blight within the Project Area as it will complete necessary public infrastructure improvements
as detailed in the City's Capital Improvement Program within the Project Area, induce private investment in
and promote expansion of the commercial areas served by the interchange within the Prqiect Area through
improved freeway access, and promote expansion of employment opportunities within the commercial areas
served by the interchange within the Project Area, among others.
No other reasonable means of financing the improvements are available to the
commu~ty.
2. The City and the Agency agree to cooperate and share responsibility for the design and
construction of the Project in accordance with the terms of this Agreement.
3. The City shall undertake the following responsibilities with respect to the Prqiect:
a. Prepare the necessary engineering and environmental studies for the Pn~ject;
b. design the necessary improvements filr the Project;
c. acquire necessary rights~ot~way for the Project;
d. prepare necessary plans, specification> and hid documents for the Proiect;
oblain all necessary permits and endtlement~ from Caltrarts and other public agencies;
solicit bids and award construction contracts for the Pr~iect; and
administer the construction contracts.
4. The Agency shall pay for all Project costs, except for such cost~ as the Ci~ is obligated to
pay pursuant to this Agreement. City shall pay the costs of acquiring ~he right-of-way for the Project, which
costs shall include the costs of tide reports, appraisers, right-of-way agents. and attorneys. Agency shall,
however, reimburse City for its payments made for the value of the right-of way acquired.
5. The City Manager, upon the recommendation of the Director of Finance, shall determine the
allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall
be final.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
CITY OF TEMECULA
BY:
Jeffrey E. Stone, Mayor
Attest:
Susan W. Jones, CMC/AAE, City Clerk
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
BY:
Ron Roberts, Chairperson
Attest:
Susan W. Jones, CMC/AAE, Agency Secretary
Approved As to Form:
Peter M. Thorson, City Attorney/Agency General Counsel
ITEM 3
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Agency Members
William G. Hughes, Director of Public Works/City Engineer
December 14, 1998
Approval of Cooperative Agreement with the Temecula Redevelopment
Agency for Pujol Street Sidewalk Improvements - Project No. PW98-17
PREPARED BY:
Amer Attar, Senior Engineer - Capital Projects
Hasib Baha, Assistant Engineer - Capital Projects
RECOMMENDATION:
That the Redevelopment Agency Board:
Approve an Agreement entitled "Cooperative Agreement between the City of Temecula and
the Redevelopment Agency of the City of Temecula for Pujol Street Sidewalk Improvements."
Authorize the Chairperson to execute the Agreement on behalf of the Agency in substantially
the fon'n attached to the Agenda Report.
Authorize the budgeted expenditure of $105,000 by the Redevelopment Agency for the
Agency's share of costs to date and future project costs incurred as approved by the City or
Agency.
BACKGROUND: The City's Capital Improvement Program includes the construction
of sidewalk, curb, gutter and pavement on Pujol Street from First Street to Sixth Street and a
portion of the Sixth Street, Project No. PW98-17. This Sidewalk Improvement is located within
the Project Area of the Temecula Redevelopment Agency Project Area 1988-1. The Agency's
planning also calls for this Project to be funded partially by the Agency.
The Community Redevelopment Law, a Health and Safety Code Section 33220 authorizes and
encourages cities and redevelopment agencies to aid each other and to cooperate in the
planning, undertaking, construction, and operations of redevetopment projects. Sections 33220
(b) and (c) specifically authorizes such cooperative agreements allowing a city and a
redevelopment agency to assist each other in the construction and installation of streets, roads,
water, sewer, or drainage facilities.
The Redevelopment Plan for the Temecula Redevelopment Agency Project Area 1988-1
specifically authorizes the expenditure of Agency funds on road construction within or
benefiting the Project Area.
r: ~agdrpt~ 99\ 1214\rd acoop 98-1
Completion of this Project will promote the goals of the redevelopment, as it will complete
necessary public infrastructure improvements as detailed in the City's Capital Improvement
Program.
The attached Cooperative Agreement between the City of Temecula and the Redevelopment
Agency of the City of Temecula for construction and funding of the Pujol Street Sidewalk
Improvements will implement the funding plans of the City and the Agency.
FISCAL IMPACT: The Pujol Street Sidewalk Improvements Project is a Capital improvement
Project funded through Community Development Block Grant, AB 2766 and Redevelopmerit Agency
funds. A total of $105,000 has been budgeted by the Agency for this project.
ATTACHMENT: Cooperative Agreement
r:\egdrpt%99\l 214\rdacoop98-17/ajp
2
COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA
AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
FOR THE PUJOL STREET SIDEWALK IMPROVEMENTS
PROJECT NO. PW98-17
THIS COOPERATIVE AGREEMENT made and effective as of December 14, 1999 by and
between the City of Temecula, a municipal corporation ("City") and the Redevelopment Agency of the City
of Temecula, a public body, corporate and politic ("Agency'). In consideration of the mutual covenants and
obligations set forth herein, the parties agree as follows:
1. This Agreement is made with respect to the following facts and purposes, which each party
finds and determines to be true and correct:
a. The Community Redevelopmerit Law at Health and Safety Code Section 33220
authorizes and encourages cities and redevelopment agencies to aid each other and to cooperate in the
planrang, undertaking, construction, and operations of redevelopment projects. Sections 33220 (b) and (c)
specifically authorize such cooperative agreements between a city and a redevelopment agency to assist each
other in the construction of sidewalk. curb, guRer and pavement on Pujol Street from First Street to Sixth
Street.
b. The Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1
specifically authorizes the expenditure of Agency funds on road construction within or benefiting the Project
Area.
c. The Pujol Street Sidewalk Project, Project No. PW98-17 is a part of the City's
Capital Improvement Plan and is located within the Project Area of Temecula Redevelopment Project Area
1988-1.
d. Completion of the Project will benefit the Project Area and will assist in the
elimination of blight within the Project Area as it will complete necessary public infrastructure improvements
as detailed in the City's Capital Improvement Plan within the Project Area, induce private investment in and
promote expansion of the commercial areas served by the interchange within the Project Area through
improved freeway access, and promote expansion of employment opportunities within the commercial areas
served by the interchange within the Project Area, among others.
community.
No other reasonable means of financing the improvements are available to the
2. The City and the Agency agree to cooperate and share responsibility for the design and
construction of the Project in accordance with the terms of this Agreement.
3. The City shall undertake the tollowing responsibilities with respect to the Project:
a. Prepare the necessary engineering and environmental studies for the Project;
b. design the necessary improvements for the Project;
c, acquire necessary rights--of-way tbr the Project;
R:\cip/proiccts/pw98Xpw98-17\coop,rda/aip
prepare necessary plans, specifications and bid documents for the Project;
obtain all necessary permits and entitlemerits from Caltrans and other public agencies;
solicit bids and award construction contracts for the Project; and
administer the construction contracts.
4. The Agency shall pay for all Project costs, except for such costs as the City is obligated to
pay pursuant to this Agreement. City shall pay the costs of acquiring the right-of-way for the Project, which
costs shall include the costs of title reports, appraisers, right-of-way agents, and attorneys. Agency shall,
however, reimburse City for its payments made for the value of the right-of-way acquired.
5. The City Manager, upon the recommendation of the Director of Finance, shall determine the
allocation of costs between the City and Agency pursuant to this Agreement and his or her determination shall
be final.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
CITY OF TEMECULA
BY:
Jeffrey E. Stone, Mayor
Attest:
Susan W. Jones, CMC/AAE, City Clerk
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
BY:
Ron Roberts, Chairperson
Attest:
Susan W. Jones, CMC/AAE, Agency Secretary
Apprnved As to Form:
Peter M. Thorson, City Attorney/Agency General Counsel
R:\cip\proiccls\pw98\pw9g-17\coop.rda/ajp
2
ITEM 4
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Redevelopment Agency Members
Genie Roberts, Director of Finance
December 7, 1999
Financial Statements for the Three Months Ended September 30, 1999
PREPARED BY:
Tim McDermott, Assistant Finance Director
William B. Pattison, Senior Accountant ~
RECOMMENDATION: That the Agency Members receive and file the Financial Statements
for the Three Months Ended September 30, 1999~
DISCUSSION: The attached financial statements reflect the unaudited activity of the
Redevelopmerit Agency for the three months ended September 30, 1999. Please see the
attached financial statements for an analytical review of financial activity.
FISCAL IMPACT: None
ATTACHMENTS:
Combining Balance Sheet as of September 30, 1999
Statement of Revenues, Expenditures and Changes in Fund Balance for
the Three Months Ended September 30, 1999
TEMECULA REDEVELOPMENT AGENCY
Combining Balance Sheet as of September 30, 1999
and the
Statement of Revenues, Expenditures and Changes in
Fund Balance For The Three Months Ended
September 30, 1999
(Unaudited)
Prepared by the Finance Department
Temeeula Redevelopmerit Agency
Combining Balance Sheet
As of Septt~nber 30, 1999
Assets:
Cash and invcshnents
Receivables
Due from other funds
Land held for resale
Total as~ts
Low/Mod CIP Debt
Fund Fund Service Total
$ 4,351,157 $ 896,965 $ 4,015,411 $ 9,263,533
1,576,535 414,014 133,459 2,124,008
362,064 362,064
2,103,053 2,103,053
$ 5,927,692 $ 3,414,032 $ 4,510,934 $ 13,852,658
Liabilities and fund balances:
Liabilities:
Other current liabilities
Due io other funds
Deferred revenue
Total liabilities
Fund balances:
Reserved
Designated
Total fund bahraces
Total liabilities
and fend balances
23,545 $ 285,838 $ 58,918 $ 368,301
362,064 362,064
647,510 157,059 804,569
671,055 804,961 58,918 1,534,934
5,256,637 2,771,388 1,448,920 9,476,945
(162,317) 3,003,096 2,840,779
5,256,637 2,609,071 4,452,016 12,317,724
$ 5,927,692 $ 3,414,032 $ 4,510,934 $ 13,852,658
Please note that these balances arc unaudited
City ofTemecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Redevelopmerit Agency Low/Moderate Income Housing
For the Three Months Ended September 30, 1999
Annual
Amended YTD Total
Budget Activity Encumbr. Activity
Property tax increment $ I, 159,000
Investment interest 110,000 $ 57,924 $ 57,924
Rental income 10,875 10,878
Miscellaneous 8,752 8,752
Total Revenues 1.269,000 77,551 77,551
Percent
of Budget
(I)
53% (2)
6%
Expenditures:
Salaries and wages 202,150 45,209 $ 2,007 47,216
Operating and adm inistra0 ve expenditures 261,120 48,999 18, 154 67, 153
Homebuyer programs 400,000 66,300 1,500 67,800
Residential rehabilitation programs 1,000,595 52,969 13, 151 66, 120
Housing development & acquisition 3,700,000
Affordable housing / future obligation 435,000 305,000
Total Expenditures 5,998.865 518.477
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July I, 1999
(4,729,865) (440,926)
5,697,563 5,697,563
Ending Fund Balance, September 30, 1999 $ 967,698 $ 5,256,637
23%
26%
17%
7%
305.000 70% (3)
34,812 553,289 9°/0
Notes:
(I) Property tax imcrement is received in January and May each fiscal year.
(2) The variance is due to a greater than anticipated cash balance at the beginning of the fiscal year
(3) The variance is due to the annual payment to Temecula Gardens LP being issued in the first quarter.
City ofTemecula Redevelopment Agency
Statement of Revenues. Expenditures and Changes in Fund Balance ~ Budget and Actual
Redevelopmere Agency-CIP
F,- ' - Three Months Ended September 30. 1999
Annual
Amended YTD
Budget Activity
Revenues:
Invesnnent interest $ 97.000 $ 6.894
Rental income 25,655
Loan interest 16. I O0 2,747
Operating transfers in 3,702, 130 276350
Total Revenues 3,815 230 311,646
Encumbr.
Total
Activity
$ 6.894
25,655
2.747
276.350
311.646
Capital Projects: ( 1 )
Winchester Road interchange 34.685
First Street bridge 4.499,862
Front Street widening I, 172
Old Town streetscape 198,790
Freeway signs Old Town 68,500
Old Town central parking 175,000
Operating transfers out 1,301.000
Operations and Maintenance:
Salaries and wages 84,430
Operating and administrative expenditures 144,700
City admin charges 25,000
Consulting services 43,730
' "~1 services 30,000
r participation agreements 3 I
~ .~ Fown plan implementation 22,854
Old Town development incentives 206,000
Old Town building facades 181,486
Banner program 22,000
Percent
of Budget
7%
17~b
7%
8%
$ 34,685 34,685 100%
14,981 142.733 157,714 4%
1,172 1.172 100%
32,873 165,917 198,790 100%
3L500 38.500 56%
18,093 142 18,235 22%
14,577 11,789 26,366 18%
6250 6.250 25%
801 13,608 14,409 33%
4~070 4,070 14%
(2)
9,895 6,954 16.849 74%
22,048 34.090 56.138 31%
Total Expenditures 7,349,209 123.588 449,590 573~ 178 8%
Revenues Over/(Under) Expenditures
(3,533,979) 188,058
2,421,013 2,421,013
$ (1.112,966) $ 2,609,071
Beginning Fund Balance. july 1, 1999
Ending Fund Balance, September 30, 1999
NOteS:
( 1 ) The variances in CIP project expenditures and operating transfers out are due to the timing of when the various
projects are started.
(2) The Costco owner participation agreement is not paid until April of each fiscal year.
City of Temccula Redevelopmere Agency
Statement of Revenucs~ Expenditures and Changes in Fund Balance - Budget and Actual
Redevelopmerit Agency - Debt Scr'qice
For the Three Months Ended September 30, 1999
Amended YTD
Budget Activity.
Property tax increment $ 4.636,000
Investment interest 170.000 $ 45,660
Advances from other funds 75,750 18,937
Deferred passthrough 896.820
Total Revenues 5,778,570 64,597
Expenditures:
Passthrough agreements
Debt serqice - principal
Debt service - interest
Trustees admin fees
Operating transfers out
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 1999
Ending Fund Balance, September 30, 1999
3,422,000
690,000
992,320
7.500
1.988.360
7,100.180
(I,321,610)
5.067,289
$ 3.745,679
398,212
5,308
276,350
679.870
(615,273)
5.067,289
4,452,016
Percent
of Budget
27%
25%
(2)
I%
(2)
40% (3)
71%
14%
10%
Notes:
(I) Property tax increment is received in January and May each fiscal year.
(2) Passthroughs are recognized when the property tax increment is received (see note I ).
(3) Debt service payments on the tax allocation bonds are made in August and February each year.
ITEM 5
TY TT APPROVAL
Cl A ORNEY
TEMECULAREDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
Executive Director/Agency Board
John Meyer, Housing and Redevelopment Manage..C~L~
DATE:
December 14, 1999
SUBJECT:
Rehabilitation of Old Town Plaza (Circle K) in Old Town
Prepared By: Joyce Powers, Senior Redevelopment Analyst
RECOMMENDATION: Adopt a Resolution entitled:
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN OWNER PARTICIPATION
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA AND OLD TOWN
PLAZA OWNERS DATED AS OF DECEMBER 14, 1999 FOR
THE FACADE IMPROVEMENTS TO THE OLD TOWN PLAZA
WITHIN REDEVELOPMENT PROJECT NO. 1-1988
BACKGROUND: The Old Town Plaza, adjacent to the north entry gateway arch, was built
in the mid-1980's. As a result, it is inconsistent with the design guidelines of the Old Town
Specific Plan, In addition, the Plaza has experienced many difficulties over the past several
years and has fallen into a state of disrepair. The new ownership has met with staff to review its
vision for the Plaza. Subsequently, a facade improvement proposal was submittad to the
Agency, which was reviewed by the Agency Board in July 1999.
The owners have estimated a construction budget of $105.500 to renovate the plaza in a
manner consistent with the Old Town Specific Plan. The impmvaments include a complete
stucco change, rock work and arches at all columns, redesigned parabet walls, lighting, signage
and handicap accessibility improvements.
DISCUSSION: Under the Facade Improvement Program parameters, the applicant would
be eligible to receive $20,000 in grant funds. The parameters also allow the Agency Board to
consider additional funding on a case by case basis. Bosad on eadier Board direction, staff has
negotiated the following assistance package and prepared the appropriate documents:
R :%p~wersj~staff reports~OId Town Plaza 12-14-99
Ownership Contribution: $ 25,000
Redevelopment Agency Grant: $ 25,000
Redevelopmerit Agency Loan: $ ,55,500
ProjedTotal: $105,500
The loan of $55,500 has a 13-year term and an interest rate of five percent (5%). Payments are
deferred for the first three years, then fully amortized over the remaining ten years. A Deed of
Trust will be recorded against the property to secure the loan. The current market value of the
property exceeds the total of the first mortgage and the proposed Agency loan.
The renovation of the Old Town Plaza is an important key to the overall revitalization of Old
Town, perticulady due to its focal location. This project will also complement the streetscape
improvements and the opening of the Ternecula Valley Museum. The proposed renovations will
not only remove blight but will serve as a notable gateway into Old Town.
FISCAL IMPACT: This project will be funded by the FaCAde Improvement Pmgrem, which is
included in the FY 99-00 Capital Improvement Program (Account #280-199-813-5804). There
are sufficient funds available for this project.
ATTACHMENT:
1. Resolution
2. Owner Paffidpation Agreement
R:~oowersj~staff repods~OId Town Plaza 12-I 4-99
2
ATTACHMENT NO. 1
RESOLUTION
RESOLUTION NO. RDA 99-
A RESOLUTION OF THE, BOARD OF DIRECTORS OF THE REDEVEL-
OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT
CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BE17~VEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECUIA AND
OLD TOWN PLAZA OWNERS DATED AS OF DECEMBER 14, 1999 FOR
THE FACADE IMPROVEMENTS TO THE OLD TOWN PLAZA WITHIN
REDEVELOPMENT PROJECT NO. 1-1988
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECUL~ DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Dire~ors of the Redevelopment Agency of the City of Temecula
hereby finds, determines and declares that:
a. The Redevelopment Agency of the City of Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has
been authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council of the City of Temecula.
b. On June 12, 1988, the Boaxd of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in
accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula
was incorporated. The boundaries of the Project Area described in the Plan are entirely
within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the
City of Temecula adopted Ordinances Nos. 91 ~08, 91 - 11, 91 - 14, and 91 - 15 establishing
the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the
Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City
of Temecula and the Redevelopmere Agency of the City of Temecola assumed jurisdiction
over the Plan as of july 1, 1991.
c. The project proposed by OLD TOWN PLAZA PARTNERS, LLP, Richard G.
Gabriel and Marilyn F. Gabriel Trustees of the Gabriel Trust, James N. Senechal, Trustee
of the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares,
Thomas H. Maxwell and Janice M. Maxwell, and Wayne F. Whitehurst (collectively
'X)wner") pertains to property located at 28410 Front Street in the City of Tamecula
("Site"), which is within the Project Area.
d. The Project to be developed on the Site pursuant to the Owner
Participation Agreement ("Agreement") will ccnsist of facade improvements to the
shopping center on the Site.
e. The Agreemere is consLstent with the gedevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area adopted by the A~ency.
f. The development of the Site as required by the Agreement will assist in the
e'hmination of blight in the Project Area as identified in the proceed'rags establishing the
Project Area in that development of project on the site would: (1) Provide for enhanced
public service infrastructure, as identified in the proceedings; (2) promote the preservation
and enhancement of the Old Town Area in accordance with the goals and objectives of the
Plan and the Old Town Specific Plan; (3) promote the expansion of the Project Area's
conunercial base and local employment opportunities to provide employment for the Old
Town Area; (4) assist in the continued development of the Old Town Area as a tourist
destination and enhancement of the tourist industry as a major force within the
Community;, (5) encourage and provide for development of vacant properties in
accordance with the Plan and the Old Town Specific Plan.
g. The redevelopmerit of the Site as provided in the Agreement and Ground
Lease is consistent with the City's General Plan and the Old Town Specific Plan.
h. The Agency Board has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the
Agency and City and the health, safety, and welfare of its residents, and in accord with the
public purposes and provisions of applicable State and local law requh ements.
i. This Agreement pertains to and affects the ab'dity of all parties to finance
and carry out their statutory purposes and to accomplish the goals of the Plan and is
intended to be a contract within the meaning of Government Code Section 53511.
Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula
hereby ~rther finds, determines and declares that:
a. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and c~nh~ied prior to adoption of
the Plan. Additionally an environment review was completed and certified in 1994 for the
adoption of the Old Town Spec'ific Plan. Since the preparation and certification of that
Environmental Impact Report, subsequent changes have not been proposed in the subject
project or in the amendment to the Redevelopment Plan which will require important
revisions of the previous EIR due to the involvement of new si,,~,nificant environmental
impacts which were not considered in the previous EIR. Additionally, substantial changes
have not occurred with respect to the circumstances under which the Redevelopment Plan
Amendment has been undertaken which would require important provisions in the
previous EIR due to the involvement of significant environmental impacts not covered in
R:~wersl'~sohli~31d Te~m Plaza 1 l- 14-99
the previous EI~ Finally, no new information of substantial importance to the amended
area and the Environmental Impact Report prepared for that amended area has become
available. Moreover, the mitigation measures proposed as part of the Environmental
Impact Report for the Plan and the Specific Plan have been included, where applicable, in
the Project, and such mitigation measures are feasible and further mitigation measures are
not required to address concerns raised in the Environmental Impact Report for the Plan.
Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal. Admin. 15162
and 15180, a subsequent Environmental Impact Report for the subject project is not re-
quired.
b. Additionally, the Project is exempt f~om any environmental review pursuant
to 14 Cat. Admin. Code Section 15301 as an minor alteration to an existing private
structure for improvement of the building facade and involving no expansion of uses or
floor area beyond that previously existing.
Section 3. Based upon the findings set forth above, the Board of Directors of the
Redevelopment Agency of City of Temecula heraby certifies and approves the Negative
Declaration of Environmental Impact for the Project and directs the Executive Director to file a
Notice of Determination with the County Clerk of the County of Riverside forthwith.
Section 4. The Board of Directors of the Re, development Agency of the City of Temecula
hereby approves that certain agreement entitled "Owner Participation Agreement" between the
Redevelopment Agency of the City ofTnmecula, a public body corporate and politic, and OLD
TOWN PLAZA PARTNERS, LLP, Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel
Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust, David L.
Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F.
Whitehum, dated as of December 14, 1999, with such changes in each document as may be
mutually agreed upon by the Developer and the Agency Executive Director as are minor and in
substantial conformance with the form of such Agreement as is on file in the Office of the Agency
Secretary. The Chainperson of the Agency is hereby authorized to execute the Agreement,
including related exhibits and attachments on behalf of the Agency. A copy of the final
Agreement when executed by the Agency Chairperson shall he placed on file in the Office of the
Secretary of the Agency.
Section 5. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and
implement the Agreement and to administer the Agencys obligations, responsibilities and duties to
be performed under the Agreement and related documents, including but not limited to, escrow
metions, subordination agreemems, certificates of acceptance, and implementing agreements.
Section 6. The Secretary of the Agency shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOFrED by the Board of Directors of the Redevel-
opmerit Agency of the City of Temecula on Dec, ember 14, 1999.
RONROBERTS
CHAIRPERSON
ATTEST:
SUSAN JONES, CMC/AAE
AGENCY SECRETLY
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
)
)
I, Susan Jones, CMC, Secretary of the ReAevelopment Agency of the City of Temecula,
do hereby certify that the Resolution No. RDA 99- was duly end regularly adopted by
the Board of Directors of the Rodevelopment Agency of the City of Tc-mecula at a regular
meeting thereof, held on December 14, 1999, by the following vote, to wit:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
SUSAN JONES,CMC/AAE
AGENCY SECRETLY
ATTACHMENT NO. 2
OWNER PARTICIPATION AGREEMENT
OWNER PARTICH*ATION AGREEMENT BY AND BETWEEN
THE REDEVELOPMENT OF THE CITY OF TEMECULA AND
OLD TOWN PLAZA PARTNERS, LLP, FOR FACADE
IMPROVEMENT TO OLD TOWN PLAZA
THIS OWNER PARTICIPATION AGREEMENT is made and entered into as of December 14,
i 999, by and between, OLD TO~VIq PLAZA PARTNERS, LLP, Richard G. Gabriel and Maxilyn F, Gabriel,
Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust,
David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F.
Whiteburst (hereinafter collectively called "Participant"), and the REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA, a public body, corporate and politic (hercinafier called "Agency.")
RECITALS
A. Participant is the owner of real property, hereinat~er called the "Property," located in
Redevelopment Project Area 1988-1 (the "Project Area") of the Redevelopmerit Plan City of Temecula..
The Property is located at 28410 Front Street, Temecula, California. The Redevelopmerit Plan for the
Project Area was approved by the City Council of the City of Temecula by Ordinance Nos. 91-11 and 91-
15. The Property is legally described on Exhibit A.
B. The purpose of this Agreement is to effectuate the Re, development Plan by providing for
the facade improvement of the Property and the preservation of the existing commercial businesses
conducted on the Property. This Agreement will benefit the Project Area by: Increas'mg private
investment within the Project Area; removing blighting influences as identified in the Redevelopmerit Plan
approvals; improving the appearance of buildings and structures; encouraging retail growth in the Project
Area; encouraging the continuation and expansion of existing commercial uses which serve the needs of
area residents; encouraging the upgrading and new development of uses within the Old Town Area;
retaining businesses in the Project Area and the attraction of new businesses which provide jobs; ensuring
that signage incorporated on privately-owned structures and sites is visually attractive and promotes a
high quality image for the Project Area and the City, particularly the Old Town Area; enhancing the
safety of buildings and structures; increasing and preserving employment opportunities within the Project
Area; and promoting uses which complement each other. This Agreement is consistent with the
Redevelopmerit Plan and the Implementation Plan for the Project Area.
C. Participant and the Agency desire to rehabilitate existing improvements to the Property in
accordance with plans approved by the Ageney's staff. Structures on the Property will receive facade or
other exterior improvements. Such new improvements are described in Exhibit B ("Improvements").
Detailed architectural plans for the Improvements will be submitted to the Agency and the City of
Temecula's Community Development Department for approval in accordance with this Agreement and
the Temecula Municipal Code.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the
parties agree as follows:
I. PURPOSE OF THE AGREE
The purpose of this Agreement is to provide for the rehabilitation of the Property as described in
the Recitals, which are incorporated herein.
PARTIES
The Agency shall be represented by:
John Meyer
Housing and Redevelopment Manager
Redevelopment Agency of the City of Temeeula
43200 Business Park Drive
Post Office Box 9033
Temeeula, California 92589-9033
The Partialpant shall be represented by:
David L. Phates
D.L. Phares & Associates
27710 Jefferson Avenue, Suite 301
Temecula, Ca. 92590
Wherever the term "Participant" is used herein, such term shall also include any permitted
assignees approved by the Agency in writing.
C,
Formal notices, demands and communications to be given hereunder by either party shall
be made to the above-noted representatives in writing and may be effeeted by personal
dellvevj or by registered or certified mail, postage prepaid, and return receipt requested,
and shall be deemed communicated as of the date of mailing.
If the name of the person designated to receive the notices, demands or communications
or the address of such person is changed, written notice shall be given, in accordance with
this section, within five (5) working days of the change.
FINANCING OF AND PAYMENT FOR THE IMPROVEMENTS
A. Financing
1. The estimated cost of the Improvements is one hundred five thousand five hundred
dollars ($105,500.00).
2
Agency agrees to loan to Participant the sum of fifty five thousand five hundred
dollars ($55,500.00) subject to the terms of this Agreement ('~boan"). The mount
of the Loan shall be evidenced by a Promissory Note of the Participant in
substantially the form of Exhibit C. ('~Note'). The Note shall bear simple interest
at five percent per annum accruing from the date the Loan funds are disbursed.
No payments on the Loan shall be required during the three (3) years following
disbursement of the Loan Proceeds, however, interest shall accrue during this
period. Thereafter, payments shall be made on the first day of the month for the
nex~ ten (10) years in an amount based on a ten (10) year amort'h~ation of the Loan
proceeds plus interest accrued during the deferrnl period. The entire Loan and
accrued interest shall be due and payable upon the sale or conveyance of the
Property within five (5) years from the date of the Note; provided, however, that
the Participant may form a partnership, limited liability company, corporation or
similar business entity if the partners, members or shareholders of the new entity
are the same persons who have signed this Agreement as the owners of the
Property and no additional persons are made pannets, members or shareholders.
Additionally, within five (5) years from the date of the Agreement, Participant may
retinanee the loan constitufmg the first trust deed on the property and the Loan
descn~0ed in this section shall subordinate to the new obligation; provided,
however, that the amount of the new obligation does not exceed the outstanding
balance of the prior loan, plus the costs of refmancing. The Executive Director
shall be authorized to enter into a subordination agreement with the new lender in
substantial compliance with these terms. The Note and Participant' s obligations
under this Agreement shall be secured by a Deed of Trust executed by the
Participant, as Trustor, in favor of the Agency, as beneficiary C~)eed of Trust") in
substantially the form attached hereto as Exhibit D. The proceeds of the Loan
shall only be used for design and construction of the Improvements and for no
other purpose. The proceeds of the Loan shall be disbursed on the day the
Participant's share is deposited with the Agency pursuant to Section HI. A. 4.
Prior to preparing and signing the Promissory Note the Deed of Trust and the
Restrictive Covenant (described in Section VIII C,), Participant shall provide to
the Agency evidence, satisfactory to the Agency in its reasonable discretion, of the
condition of title to the Property, including, without limitation, the current vesting
of the Prop~l i.y and all monetary liens encumbering the Property. The Agency
shall have the right to terminate this Agreement without any liability or obligation
to the Owner if the Agency disapproves the conditinn of title.
Agency hereby grants to the Participant the sum of twenty five thousand dollars
($25,000.00) for the Improvements subject to the terms of this Agreement (Grant).
The proceeds of the Grant shall only be used for design and construction of the
Improvements and for no other purpose.
Participant' s share of the costs of the Improvements shall be twenty five thousand
dollars ($25,000,00) and any additional costs necessary to complete the
3
Improvements, whether or not such additional costs were anticipated. Participant
shall deposit Partieipant's share of funds with the Agency no later than the date
that the construction contract is signed. The Agency shall not be obligated to pay
interest to Partialpant on any funds deposited by Participant. Both parties
acknowledge that a remodeling project on an existing commercial structure can
uncover the need for further work or unantieipated work necessary to complete
the Improvements and that Ageney's financial assistance is limited to the Grant and
the Loan. Therefore, Participant shall also provide evidence in a form satisfactory
to the Executive Director of Agency, that Participant has the financial capacity to
provide for contingencies in the amount of an additional twenty five thousand
dollars ($25,000.00)
The Loan proceeds, Grant and Participant's share of the costs shall be deposked
into a Construction Account established by the Ageney's Director of Finance for
payment of the Contractor' s invoices pursuant to Subsection B., below.
Expenses for the Improvements shall be paid first from the Participant's share, then
from the Agency Grant and then from the Loan proeeetis. If after completion of
the Improvements and final payment to the contractor any money remains in the
Construction Account, such money shall be credited as a payment of principle on
the Loan.
Payment to Contractor
No disbursements shall be made to Contractor until the Promissory Note is signed
and delivered by the Participant to the Agency, the Deed of Trust and the
Covenant are recorded and the construction contract between the Participant and
CoHh aetor is signed and delivered by the Participant to the Agency.
Contractor shall request payment by submitting to Participant a description of the
work performed, the time and materials used to date, conditional releases for
progress paymems from contractor and its subcontractors and suppliers,
hereinafier called the "Payment Request." Upon receipt of a complete Payment
request, Participant shall review the Payment Request with Participant's
architect/engineer. After their review, Participant shall promptly forward to the
Agency the Payment Request with Participant's and Participant's
architect/engineers recommendation for payment. Th.e Agency shall review the
Payment Request and, upon determining that Paymere Request accurately reflects
actual work performed and time and materials used to date, shall authorize
payments from appropriate funds in the appruved amounts, less a ten percent
( 10% ) reteni~on.
If, pursuant to an approved Participant/Contractor Agreement, the Contractor
must pay liquidated damages for failure to complete the Improvements timely or
4
other breaches, both Participant and the Agency shall be entitled to a pro rata share
of such liquidated damages. Such pro rata share shall bear to the total monies
provided to fund the Improvements.
Agency shall retain 10% of the payments to the Contractor until the final payment
and said final payment shall not be until the occurrence of either (a) or (b) below:
a. The expiration of 65 days from the date of recording by the Owner of a Notice
of Completion fur all Improvements which the Owner agrees to record promptly
within the times specified by law for the recording of such Notice of Completion,
and the settlement and discharge of all liens and charges claimed by persons who
supplied either labor or materials for the construction of the Improvements,
provided, however, that if the Participant fails to record such Notice of
Completion within twenty one days following substantial completion of the
Improvements, Agency may record such Notice of Completion; or
b. The expiration of 35 days from the date all of the following items are satisfied:
(1) All relevant unconditional labor and material releases are submitted;
(2)
The contract work is complete and contract requirements have been
fulfilled;
(3)
The invoice for the contract retention has been submitted and
approved by the Agency;
(4)
Evidence that the contract work has been inspected and approved
by the appropriate City agency;
(5)
No liens have been filed on the job by or against the particular
contractor requesting payment of retention; and
(6)
An unconditional release upon final payment has been signed and
delivered by the General Contractor;
Conditional Grant.
The Agency's advance of the Loan Proceeds and the Grant funds pursuant to Section III.A
shall be repaid by the Participant (i) fithe Property is not maintained in accordance with
the requirements of this Agreement and the Covenant, or (li) Participant is in breach of
this Agreement and the breach is not cured within the time required by this Agreement, or
(iii) if Participant sells or conveys the Property or portion thereof, or (iv) if Participant
5
shall change, damage or demolish the Improvemems, or permits same to be done, within a
period commencing with the date hereof and ending on the date that is ten ( 10 ) years
at~er the completion of the Improvements.
FACADE IMPROVEMENT PLANS
In accordance with the Schedule of performance, the Participant shall submit architectural
plans for the Improvements to the Agency and the City Department of Community
Development for review and approval and shall apply for all required City land use
approvals and l~,i~,its. The Executive Director shall review and approve the proposed
architectural plans on behalf of the Agency. The architectural plans and permit
applications shall be reviewed and approved by the Community Development Department
in accordance with the provisions of the Temeeula Municipal Code. The architectural
plans approved or conditionally approved by the Agency and City shall be known as the
'~lans". The Property shall be rehabilitated in conformance with the Plans.
Participant's architect shall prepare plans and specifications and during construction the
architect will have primary responsibility to review and approve work of the contractor,
including review of shop drawings and weekly construction Property monitoring. Aside
from the monetary assistance available from the Agency under the program formula grant,
all costs incurred for the services of the Participant's architect shall be borne by the
Participant.
Changes to the architectural drawings and construction plans, if any, and specifications,
once approved by Participant and the Agency, may not be made without mutual written
consent of the Participant and the Agency.
V,
CONTRACTOR SELECTION
Participant shall pay all the costs of construction, less the Ageney's maximum contribution
as herein stated. The Improvements shall be constructed pursuant to a construction
contract between the Participant and a licensed Contractor (the "Participant/Contractor
Agreement").
Participant shall select a qualified Contractor for the construction of the Improvemems.
Prior to the time the Agency executes this Agreement, Partieipam shall sign a
Participara/Contractor Agreement with the Contractor. The Panicipartt/Contractor
Agreement shall be in a form approved by the Agency. Contracts on unapproved forms
shall not be recognized by the Agency for funding. Pursuant to Participant/Contractor
Agreement, if Contra~tor's services are t~,dmated, the Participant shall indicate in writing
its approval of a new Contractor.
The Contract between the Participant and the Contractor shall provide for liability
insurance with a policy limit of not less than one million dollars ($1,000,000.00) and a
performance bond and a labor and materials bond in the amount of the contract, with an
insurer and sureties approved by the Executive Director of the Agency.
SCHEDULE OF PERFORMANCE
The Irnprovemems shall be commenced and completed within the times specified in the Schedule
of Performance, attached as Exhibit E to this Agreement and incorporated by reference herein.
VII. PARTICIPANT COOPERATION
Participant shall fully cooperate with the Coreractor, City and Agency including but not
limited to: Signing all necessmy documents and obtaining required permits so that the
Improvements can be completed in full compliance with all Federal, State and local laws;
allowing access to the Property for construction of the Improvements; and taking any and
all other actions necessary to cooperate with the Agency and the Contractor in completing
the Improvements.
The Agency and Participant hereby agree the Agency, Contractor and Architect (if
applicable) shall have access to the Improvements to carry out their obligations with
respect to the Property, including during all periods of planning and constmetion and for
the purpose ofmaimenance after completion of construction.
VIII. USE OF THE PROPERTY
Participant covenants and agrees for itself, its successors, assigns and every successor in
interest to the Property or any portion thereof, that during rehabilitation and thereafter, the
Participant and Owner, such successors and assignees shall:
Devote the Property to uses in conformante with the City of Temecula,
(hereinafier the "City"), City zoning requirements, the Plans, the Redevelopment
Plan for the Project Area, and this Agreement.
Not discriminate upon the basis of race, color, ancestry, national origin, sex, sexual
orientation, marital status, creed, religion, political affiliation or opinion, pregnancy
or pregnancy related condition, or disability in the sale, lease or rental or in the use
or occupancy of the Property, or any improvement erected or to be erected
thereon, or any part thereof All subsequent deeds, leases or contracts shall
contain the nondiscrimination or nonsegregation clauses comained in Section XV
of this Agreement. This covenant shall run with the land and remain in perpetuity
as required by Health & Safety Code Section 33436.
B,
C,
Protect, preserve and maintain in good condition, and to the reasonable
satisfaction of the Agency, the Property, the exterior facades, improvements and
landscaping. Participant's maintenance shall be in conformanee and in compliance
with Section IX of this Agreement, the City's maintenance standards, as established
by the City's codes relating to property maintenance, and the Covenant set forth in
Exhibit F.
Participant agrees to maintain the Property in a commercially reasonable manner
consistent with first class commercial shopp'mg centers.
Participant shall sign a covenant to secure performance of the maintenance standards and
to ensure nondiscrimination and nonsegregation in the use of the Property in a form
substantially s'unilar to Exhibit F ("Covenant"). The Covenant shall be recorded by the
Agency.
COMPLIANCE WITH LAW
Participant shall comply with all local, State and Federal laws and ordinances relafmg to
the use of, or condition of, any and all improvements on the Property and the construction
thereof, whether the improvements were constructed as part of the Improvements, are
now existing at the Property, or as later may be constructed by Participant or any of
Partidpant's lessees or agents.
In connection with all improvements to the Property, including but not limited to the
exterior building facade rehabilitation, landscaping and signage, the Contractor shall apply
to City for issuance of all necessary permits. Participant acknowledges that neither City
nor the Agency has investigated, nor do they have knowledge of, the condition of the
existing building and structures for compliance with the City Municipal Code and Uniform
Codes, e.g., Uniform Building Code. Participant acknowledges that by granting permits
for facade rehabilitation, City and the Agency are neither approving, condoning or
accepting any building or structural conditions, improvements or modifications which may
exist, legally or illegally, on the Property; nor is City or the Agency approving any lot line
or lot con~gnration. All exist'rag and .rumre improvements or construction, including but
not limited to any and all exterior and interior alterations and the location of openings in
any walls, is the liability and responsibility of Owner.
NOTICE TO LESSEES OF OWNER
Within ten (10) days after execution of this Agreement, Owner agrees it will immediately notify all
presem lessees, if any, of the Property of the provisions, obligations and requirements of this
Agreement which may in any manner affect such lessees. Owner shall not permit lessees to
violate the provisions of this Agreement. Owner, and not Agency, shall be liable to lessees for
any business interruption which may occur as a result of the construction of the Improvements.
DEFAULTS AND WAIVER
Failure or delay by any party to perform any term or provision of this Agreement
constitutes a default under this Agreement. The aggrieved party shall give writtan notice
of the default to the party in default as set forth in Section II hereof. The defaulting party
must immediately commence to cure, correct or remedy such default and shall complete
such cure, correction or remedy within thirty (30) days :from receipt of the written notice
of default; and during such period of curing shall not be in default. If such cure,
correction or remedy, other than the payment of monies due, by its nature cannot be
effectuated within such thirty (30) day period, such cure, correction or remedy shall be
diligently and continuously prosecuted until completion thereof, but in no event for a
period longer than ninety (90) days. ff such defaulting party fails to cure the default within
such time period, non-defaulting party may terminate this Agreement and exercise any
rights or remedies it may have at law or in equity. In the event of a breach by Participant,
the Agency may declare all sums advanced by the Agency, and/or the Promissory Note,
pursuant to Section I]].A.2 immediately due and payable.
In addition, the Agency may terminate this Agreement at any time if participant does not
perform any obligation required by the Agreement by giving fifteen (15) days written
notice to Participant.
C,
Upon termination, the Agency shall be authorized to withdraw any and the mount of the
Loan and the Grant it deposited into the Construction Account, except for that mount
necessary to pay the Contractor for work satisfactorily completed and in accordance with
this Agreement. Upon termination, the Agency shall return to Participant any and all
moneys it deposited into the Construction Account, less liquidated damages, if any.
The waiver by one party of the performance of any covenant, condition or promise shall
not invalidate this Agreement nor shall it be considered a waiver by such party of any
other covenant, condition or promise hereunder. The exercise of any remedy shall not
preclude the exercise of other remedies any party may have in law or equity. The failure
of any party to give notice of default shall not be deemed to be a waiver of the
performance of any covenant, condition or promise.
XII. MODIFICATION
This Agreement may be modified only by subsequent mutual written amandmant executed by
Participant and the Agency. In the event a change order is required to the Participant/Contractor
Agreement which changes the scope, cost or time of the Improvements, a Contract Change Order
shall be executed by Participant and the Agency.
XIH. INDEMNIFICATION
Participant shall indemnify, defend and hold the Agency and the City and their officers, agents,
employees and attorneys harmless from all claims, damages or hability, including all reasonable
attomey's fees and other costs incurred in defending any claims, arising out of or in connection
with the activities performed under this Agreement and any activities occurring in, on or about the
Property. Such indemnity shall extend, but nut be limited to claims, damages and liability aris'mg
from personal injuries, death or real or personal property damages, provided that the obligation to
indemnify shall not extend to claims, damages or liability arising solely from the willful
misconduct of the City, the Agency or any of their officers or employees.
X1V. ASSIGNMENT
Participant shall not assign its rights or obligations hereunder without the Agency's prior written
consent, which consent may be granted or withheld in the Agency's sole and absolute discretion;
provided, however, that the Participant may form a partnership, limited liability company,
corporation or similar business entity if the partners, members or shareholders of the new entity
are the same persons who have signed this Agreement as the owners of the Property and no
additional persons are made partners, members or shareholders.
FORM OF NONDISCRIMINATION AND NONSEGREGATION CLAUSES (AS REOUIRED
BY HEALTH AND SAFETY CODE SECTION 33436)
Participant shall refrain from restricting the sale, lease, sublease, rental, transfer, use,
occupancy, tenure or enjoyment of this Property (or any part thereof) on the basis of sex,
sexual preference, marital slams, sexual preference, race, color, religion, creed, ancestry,
disability or national origin of any person. All such deeds, leases or contracts pertaining
thereto shall contain or be subject to substantially the following nonsegregation clauses:
In deeds: "The grantee herein covenants by and for itself, ks successor and assigns
and all persons claiming under or through them, that there shall be no
discrimination against or segregation of any person or group of persons on account
of sex, sexual preference, marital stares, race, color, religion, creed, national
origin, disab'fiity or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land herein conveyed, nor shall the grantee 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 in
the land herein conveyed. The foregoing covenants shall mn with the land."
In leases: The lessee herein covenants by and for itself, its successor and assigns,
and all persons claiming under or through them, and this lease is made and
accepted upon and subject to the following conditions: That there shall be no
discrimination against or segregation of any person or group of persons on account
10
of sex, sexual preference, mari~ml status, race, color, religion, creed, national
origin, disability or ancestry in the leasing, subleasing, renting, transferring, use,
occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee itself,
or any person claiming under or through it, establish or permit such practice or
practices of discrimination or segregation with reference to the selection, location,
number or occupancy of tenants, lessees, sublessees, tenants or vendees in the land
herein leased."
In contracts: "There shall be no discrimination against or segregation of, any
person or group of persons on account of sex, sexual preference, marital status,
race, color, religion, creed, national origin, disab'dity or ancestry in the sale, lease,
sublease, rental, transfer, use, occupancy, tenure or enjoyment of the land, nor
shall the transferee 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 land."
XVI. GENERAL PROVISIONS
A. Notices, Demands and Communications Among the Parties. Written notices, demands
and communications among the Agency and the Participant shall be sufficiently given by personal service
or dispatched by first class mall, postage prepaid, remm receipt requested, to the principle offices of the
Agency or the Participant described in Section II.A. 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 XVI.A. Notwithstanding anything to the comrary contained herein,
notice personally served shall be presumed to have been received as of the date of such service, and
notices sent via malt as provided herein shall be presumed to have been received on the second business
day after deposit of same in the mad.
B. Exhibits. The following exhibits are attached hereto and incorporated herein as though
set forth in full:
8. Exhibit A. Legal Description of Property
9. Exhibit B. Description oflmprovements
10. Exhibit C. Form of Promissory Note
I 1. Exhibit D. Form of Deed of Trust
12. Exhibit E, Schedule of performance
13. Exhibit F. Restrictive Covenant
C. Conflicts of Interest. The Participant warrants that it has not paid or given and will not
pay or give any officer, employee or agent of the City or the Agency any money or other consideration
for obtaining this Agreement.
its purpose.
Interpretation. The provisions of this document shall be liberally construed to effectate
E. Severability. Invalidation of any of the covenants, conditions, restrictions, or other
provisions contained herein by judgment or court order shall in no way affect any of the other covenants,
conditions, restrictions, or provisions hereof; and the same shall remain in fidl force and effect.
F. Headings. The headings to the various Articles and Sections of this Agreement have been
inserted for convenient reference only and shall not to any extent have the effect of modifying, mending
or changing the expressed terms and provisions of this Agreement.
G. Non-Liability of Officials and Employees of the Agency. No member, official, agent,
attorney, or employee of the Agency or the City shall personally be liable to the Participant or any
successor in interest of the Participant pursuant to the provisions of this Agreement, nor for any default
or breach by the Agency.
H. Attorneys' Fees. In the event that suit is brought for the enforcement of this A~reement or
as the result of any alleged breach thereof, the prevailing party or parties in such suit shall be entitled to
recover their reasonable attorneys' fees from the losing party or parlies, and any judgment or decree
rendered in such proceedings shall include an award thereof
I. Time of Essence. Time is of the essence in the performance hereof
J. Entire Agreement, Waivers and General.
14. This Agreement, together with all exhibits hereto, 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
15. All amendments hereto must be in writing executed by the appropriate authorities
of the Agency and the Participant.
K. Successors and Assigns. The provisions of this Agreement are expressly binding upon,
and shall inure to the benefit ot~ the parties hereto and their successors in interest and assigns.
////
IIII
12
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
writtell above.
OLD TOWN PLAZA PARTNERS, LLP
By:
Name: Richard G. Gabriel, Trustee
Title: Owner
By:
Name: Marilyn F. Gabriel, Trustee
Title: Owner
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, a public body, corporate and
politic
Ronald R. Robens
Chairperson
Attest:
By:
Name: James N. Senechal, Trustee
Title: Owner
Susan Jones, CMC
Secretary
By:
Name: David L. Phases
Title: Owner
Approved as to Form:
By:
Name: Susie G. Phares
Title: Owner
Peter M. Thorson
Agency Attorney
By:
Name: Thomas H. Maxwell
Title: Owner
By:
Name: Janice M. Maxwell
Title: Owner
By:
Name: Wayne F. Whitehurst
Title: Owner
13
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: (APN 921-070-006|
THAT PORTION OF LOTS 17 THROUGH 32, INCLUSIVE, TOGETHER WITH THE
NORTHEASTERLY 10.00 FEET OF FRONT STREET ADJOINING SAID LOT 32, ALL
IN BLOCK 23 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE ,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 728 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; AND THAT PORTION OF
LOT 6 OF BLOCK 2 AS SHOWN BY THE MAP OF SUBDIVISION OF PAUBA LAND
AND WATER COMPANY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
AS SHOWN BY MAP ON FILE IN BOOK 11 PAGE 507 OF MAPS, RECORDS OF
SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FRONT STREET
(88.00 FEET WIDE) AND THE CENTERLINE OF CONSTRUCTION OF MORENO
ROAD (88.00 FEET WIDE) AS SHOWN ON THE MAP OF TRACT NO. 5790 ON FILE
IN BOOK 81 PAGES 31 THROUGH 35, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF FRONT STREET BEING A
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 52" 47' 50"
WEST;
THENCE SOUTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
02° 39' 16" AN ARC DISTANCE OF 69.49 FEET;
THENCE RADIAL TO SAID CURVE, NORTH 50° 08' 34" EAST, 44.00 FEET TO THE
NORTHEASTERLY LINE OF FRONT STREET, AS SHOWN ON THE MAP OF SAID
TRACT NO. 5790 AND MORE SPECIFICALLY SHOWN ON RIGHT OF WAY MAP
802-V ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE
COUNTY, BEING ALSO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE LEAVING THE NORTHEASTERLY LINE OF FRONT STREET, NORTH 06~'
12' 10" EAST 33.12 FEET TO THE SOUTHEASTERLY LINE OF MORENO ROAD AS
SHOWN BY THE MAP OF SAID TRACT NO. 5759 AND RIGHT OF WAY MAP NO.
802-V;
THENCE ON THE SOUTHEASTERLY LINE OF MORENO ROAD NORTH 52° 15' 45"
EAST, 22.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 244.00 FEET;
THENCE NORTHEASTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
18° 26' 38" AN ARC DISTANCE OF 78.55 FEET;
THENCE NORTH 68° 52' 18" EAST, 26.42 FEET TO A POINT ON A NON-
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 435.78 FEET,
SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF MERCEDES
STREET (60.00 FEET WIDE) AS DESCRIBED TO THE COUNTY OF RIVERSIDE IN A
DEDICATION AND EASEMENT DEED RECORDED APRIL 22, 1969 AS DOCUMENT
NO. 39504 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 13° 55' 28"
WEST;
THENCE EASTERLY ON THE SOUTHERLY LINE OF MERCEDES STREET, THROUGH
A CENTRAL ANGLE OF 14° 51' 50", AN ARC DISTANCE OF 113.05 FEET TO A
POINT ON THE NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA,
BEING ALSO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED
TO THE COUNTY OF RIVERSIDE FOR MERCEDES STREET, RECORDED APRIL 15,
1976 AS DOCUMENT NO. 50513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE EASTERLY ON THE SOUTHERLY BOUNDARY OF SAID DEED AND
CONTINUING ON SAID LAST MENTIONED CURVE. THROUGH A CENTRAL ANGLE
OF 00° 56' 15" AN ARC DISTANCE OF 7.13 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 88° 07' 25"' EAST 196.65 FEET TO
A POINT ON THE SOUTHEASTERLY LINE OF LOT 17, IN BLOCK 23 OF THE TOWN
OF TEMECULA, SAID POINT BEING SOUTH 44° 22' 13" WEST, 19.21 FEET FROM
THE MOST EASTERLY CORNER OF SAID LOT;
THENCE SOUTH 44° 22' 13'' WEST ON THE SOUTHEASTERLY LINE OF LOTS 17
THROUGH 32, INCLUSIVE, IN SAID BLOCK 23 AND PROLONGATION THEREOF,
TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE
NORTHEASTERLY 10.00 FEET OF FRONT STREET (80.00 FEET WIDE) AS SHOWN
BY THE MAP OF THE TOWN OF TEMECULA, SAID 10.00 FEET OF FRONT STREET
HAVING BEEN DESCRIBED IN RESOLUTION NO. 75-104 ABANDONING A PORTION
OF FRONT STREET, RECORDED APRIL 23, 1975 AS DOCUMENT NO. 46491 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTH 45° 30' 01" WEST ON THE SOUTHWESTERLY LINE OF SAID
ABANDANONED 10.00 FOOT STRIP, TO THE INTERSECTION THEREOF WITH SAID
NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA;
THENCE ON SAID BOUNDARY, NORTH 44° 25' 05" EAST TO THE
NORTHWESTERLY LINE OF FRONT STREET (88.00 FEET WIDE) AS SHOWN BY
SAID RIGHT OF WAY MAP 802-V, SAID NORTHWESTERLY LINE BEING A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,456.00 FEET, A RADIAL
LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 46° 57' 44" WEST;
THENCE NORTHWESTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
03° 10' 50" AN ARC DISTANCE OF 80.82 FEET TO THE TRUE POINT OF
BEGINNING, TOGETHER WITH THAT PORTION OF THE NORTHWEST HALF OF THE
ALLEY IN SAID BLOCK 23 ABUTTING SAID LAND WHICH WOULD PASS BY
OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND.
Parcel 2: (APN 922-023-019)
AN EASEMENT FOR ENCROACHMENT PURPOSES OVER THAT PORTION OF
LOT 1, TRACT 23925 AS SHOWN BY MAP ON FILE IN BOOK 209 PAGES
21 THROUGH 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET
AND 6TM STREET, AS SHOWN ON SAID MAP;
THENCE NORTH 45° 30' 01" WEST ALONG THE CENTERLINE OF FRONT
STREET, A DISTANCE OF 178.98 FEET;
THENCE NORTH 44° 30' 50" EAST, A DISTANCE OF 30.00 FEET TO A
POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF FRONT STREET,
(A 30 FOOT HALF WIDTH RIGHT OF WAY) SAID POINT BEING THE POINT
OF BEGINNING; THENCE NORTH 45° 30' 01" WEST, ALONG SAID RIGHT
OF WAY LINE, A DISTANCE OF 1.00 FEET TO THE BOUNDARY LINE OF
SAID LOT 1;
THENCE NORTH 44° 25' 45" EAST ALONG SAID LINE A DISTANCE OF
393.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 120.0 FEET AND A RADIAL
WHICH BEARS SOUTH 14° 50' 06" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID LOT
LINE, SAID LINE BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF
MERCEDES STREET THROUGH A CENTRAL ANGLE OF O0° 18' 06", AN
ARC LENGTH OF 0.63 FEET; THENCE SOUTH 44° 21' 50" WEST, A
DISTANCE OF 394.28 FEET TO THE POINT OF BEGINNING.
THIS HEREIN DESCRIBED PARCEL CONTAINS 305.5 SQUARE FEET, MORE
OR LESS.
EXHIBIT B
DESCRIYFION OF THE IMPROVEMENTS
(Description of facade improvement and sign improvement work to be constructed, including line item
budget)
11/29/99 llellB2
F_2(F!IR1T C
FORM OF PROMISSORY NOTE
11/29/99 1481182
PROMISSORY NOTE
SECURED BY DEED OF TRUST
FOR VALE RECEIVED, the undersigned Old Town Plaza Partners, LLP, Richard G.
Gabriel and Marityn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James
N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice
M. Maxwell, and Wayne F. Whitehurst ("Maker"), hereby promises to pay to the order of the
Redevelopmere Agency of the City ofTemecula, a public body, corporate and politic ("Holder"), at
Temecula, California, without deduction or offset, the sum of Fifty.five thousand five hundred dollars
($55,500) (the "Loan'), together with s'nnple interest at the rate of five percent (5%) per annum,
commencing on the date of dishursement in accordance with the terms of this Note, the Owner
Participation Agreement between the Agency and Maker, dated as of December 14, 1999, and the
Restrictive Covenant of even date herewith.
1. This Note is secured by that certain Deed of Trust and Assignment of Rents (the
"Deed of Trust") of even date herewith executed by Maker for the benefit of Holder. In addition,
Maker and Holder are concurrently emering into a Restrictive Covenant governing the real property
(the "Property") encumbered by the Deed of Trust.
2. No payments on the loan shall be required during the thn~ (3) years following the first
disbursement of the loan proceeds; provided, however, that interest shall accrue during this period.
Thereafter, payments shall be made on the first day of the month for the next ten (10) years in an
amount based on a ten (10) year amortization of the loan proceeds, plus interest accrued during the
deferrat period. Any principal and accrued iracrest not paid shall he due and payable thirteen (13) years
after the date of the first disbursement of the loan proceeds (the "Maturity Date").
3. The entire Loan and accrued interest shall be due and payable upon the sale or
conveyance of the property within five (5) years from the date of the Note; provided, however, that
within five (5) years from the date of this Agreement, Participant may refmance the loan constituting the
first trust deed on the property and the Loan described in this section shall be subord'mate to the new
obligation; provided, however, that the amount of the new obligation does not exceed the outstanding
balance of the prior loan, plus the costs of refinancing. The Executive Director of the Agency shall be
authorized to enter into a subordination agreement with the new lender in substantial compliance with
these terms. The proceeds of the Loan shall only be used for design and construction of the
Improvements and for no other purpose.
4. Maker may prepay, without penalty or premium, all or any portion of the interest or
principal due under this Note. Prepayments shall be credited first against accrued interest and the
balance shall be credited to principal.
5. Should defauk be made by the undersigned in the performance of any of the
covenants or agreements of the Maker contained in the Owner Participation Agreement, this Note, the
Restrictive Covenant, or the Deed of Trust, and if such default is not cured within thirty (30) days from
Holder's notice to Maker of such default (or such longer period as may be provided in the Owner
Participation Agreement), then, at Holder's option, all sums owing hereunder shall immediately become
R:XpowcrsjXfaera& improvcmenfiloan ck~sxlqotc,-Old Town Plaza
due and payable. Thereafter, interest shall accrue at the maximum legal rate permitted to be charged by
non-exempt lenders under the usury laws of the State of California.
6. If more than one person is signing this Note as Maker, then the obligations of the
Maker shall be joint and several.
7. This Note shall be governed by and construed in accordance with the laws of the
State of California.
It. All parties who are obligated to pay any portion of the indebtedness represented by
this Note, whether as principal, surety, guarantor or endorser, hereby waive presentment for payment,
demand, protest, notice of protest and notice of dishonor, and all other notices to which they might
otherwise be enti~ed, and further waive all defenses based on release of security, extension of time or
other indulgence given in respect to payment of this Note, to whomsoever given, and further waive all
defenses, generally, except the defense of actual payment of this Note according to its tenor.
9. The undersigned hereby covenants and agrees to pay all costs and expenses of
collection, whether by suit or othenvise, at any time or from time to time incurred, including without
limitation attome3/s fees and all costs and expenses actually incurred in connection with the protection
or realization of the property secured by the Deed of Trust.
10. If Maker shall sell, lease, assign, convey, transfer, encumber, mortgage, hypothecate
or alienate the Property, or any part thereof, or any interest therein, or shall be divested of their title in
any manner or way, whether voluntarily or involuntarily, the indebtedness evidenced hereby, irrespective
of the maturity date expressed herein, at the option of the Holder, upon demand, shall immediately
become due and payable, except as permitted by Holder pursuant to the terms and conditions set forth
in the Owner Participation Agreemere: provided, however, that within five (5) years from the date of
this Agreement, Participant may retinanee the loan constituting the first trust deed on the property and
the Loan described in this section shall be subordinate to the new obligation; provided, however, that
the amoum of the new obligation does not exceed the outstanding balance of the prior loan, plus the
costs ofre~nancing. The Executive Director of the Agency shall be authorized to enter into a
sobordination agreement with the new lender in substantial compliance with these terms.. To this end,
the Deed of Trust securing this Note provides as follows:
If the Trustor shall sell, lease, transfer, assign, convey, encumber,
mortgage, hypothecate or alienate the real property described herein, or any part thereof,
or any interest therein, or shall be divested of title or any interest therein in any manner
or way, whether voluntarily or involuntarily (except as l~H~fitted by Beneficiary pursuant
to the terms and conditions set forth in the Owner Participation Agreement), or if
Trustor shall fail to make any payments due under the note secured by this deed of trust,
or fail to perform any other obligation under said Rest~ctive Covenant of even date
herewith, the deed of trust or the note secured hereby, or any other deed of trust
encumbering the subject properly, then Beneficiary shall have the fight, at its option, to
declare any indebtedness or obligations secured hereby, irrespective of the maturity date
specified in any note evidencing the same, immediately due and payable.
R:',t:owevsl~f~,~l- mlprovomenfiloan doesXNoto-Old Town Plaza
11. Subject to the foregoing the terms of this Note shall be binding upon and inure to
the benefit, as the case or context may require, of the respective heirs, successors in interest and assigns
of the undersigned and the Holder.
12. This note may be subject to Section 2966 of the California Civil Code, which
provides that the Holder of this Note shall give written notice to Maker, or its successor in interest, of
prescribed information at least sixty (60) and not more than one hundred and fifty (150) days before any
balloon payment is due.
13. Time is of the essence with respect to each and every provision hereof. ffany
provision hereof is found to be invalid or unenforceable by a court of compctent jurisdiction, the
invalidity thereof shall not affect the enforceability of the remaining provisions of this Note.
Old Town Plaza Partners
By:
Name: Richard G. Gabriel, Trustee
Title: Owner
By:
Name: Marilyn F. Gabriel, Trustee
Title: Owner
By:
Name: James N. Senechal, Trustee
Title: Owner
By:
Name: David L. Phares
Title: Owner
By:
Name: Susie G. Phares
Title: Owner
By:
Name: Thomas H. Maxwell
Title: Owner
By:
Name: Janice M. Maxwell
Title: Owner
By:
Name: Wayne F. Whitehurst
Title: Owner
E~i~IRIT D
FORM OF DEED OF TRUST
11/29/99 1481182
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Redevdopment Agency of the
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
ATTENTION: Agency Seercta~
No Recording Fee Required -- Government Code Section 6103
LONG FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
This Deed of Trust, made this 14th day of December, 1999, between Old Town Plaza Partners, LLP,
Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of
the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Max-well
and Janice M. Maxwell, and Wayne F. Whitehum herein called Trustor, in favor of First American Title
Insurance Company, as Trustee, for the benefit of the ]Kedevelopment Agency of the City of Temecula, a
public body, corporate and politic, herein called Beneficiary,
Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE
IN TRUST, WITH POWER OF SALE, that property (the "Property") in Riverside County, California~
described as:
That certain property described on Exhibit A attached hereto and incorporated herein by
reference.
TOGETHER WITH the rents, issues and profits thereof~ SUBJECT, HOWEVER, to the right, power
and authority hereinaf[er given to and conferred upon Beneficiary to collect and supply such rents, issues
and profits.
For the Purpose of Securing:
1. Performance of each agreement of Trustor herein contained.
Payment of the indebtedness evidenced by one promissory note of even date herewith, and any
extension or renewal thereof, in the principal sum of fifty.five thousand five hundred dollars
($55,000.00) executed by Tinstot in favor of Beneficiary or order.
3. The rights of the Beneficiary s~t forth in that certain Owner Participation Agreement between
the Trustor to Beneficiary dated as of December 14, 1999 and the Restrictive Covenant
1
R:~pow~rsj~fs~xloml do~Dt~l ofTn~-OId Tovm Phz, s
between the Trustor and Beneficiary, dated and recorded concurrently herewith (collectively
the "Agreements").
To Protect the Security of This Deed of Trust, Trustor Agrees:
(1) To keep said Property in good condition and repair; not to remove or demolish any
building thereon; to complete or restore promptly and in good workmanlike manner any building which
may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed
and materials furnished therefor; to comply with all laws affecting said Property, or requiring any
alterations or improvements to be made thereon; not to commit or permit waste thereof, not to commit,
suffer or permit any act upon said Property in violation of law; and to do all other acts which from the
character or use of said Property may be reasonably necessary, the specific enumerations herein not
excluding the general.
(2) To provide or cause to provide, maintain and deliver to Beneficiary fire insurance
satisfactory to and with loss payable to Beneficiary and any superior trust deed holder, as their interests
may appear. The mount collected under any fire or other insurance policy may be applied by Beneficiary
upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of
Beneficiary the entire mount so collected or any pan thereof may be released to Trustor. Such
application or release shall not cure or waive any default or notice of default hereunder or invalidate any
act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof
or the fights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of
evidence of title and attorney~s fees in a reasonable sum, in any such action or proceeffmg in which
Beneficiary or Trustee may appear, and in any suit brought by Beoeficiar~ to foreclose this Deed of Trust.
(4) To pay: at least ten days before ddinquency all taxes and assessments affecting said
Property, including assessments on appunenant water stock; when due, all encumbrances, charges and
liens, with interest, on said Property or any pan thereof, which appear to be prior or superior hereto; all
costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or
Trustee, but without obligation so to do and without notice to or demand upon Trustor and without
releas'mg Trustor from any obligation hereof, may: make or do the same in such manner and to such
extent as either may deem necessary to protect the security hereof; Beneficiary or Trustee being
authorized to enter upon said Property for such purposes; appear in and defend any action or proceeding
purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, pumhase,
contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be
prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and
pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,
with interest from date of expenditure at the mount allowed by law in effect at the date hereof, and to
pay for any statement provided for by law in affect at the date hereof regarding the obligation secured
2
R:~po~sevsJ~fa~leXlo~n do~slk~d of True,Old Town Plan
hereby any mount demand~l by the Beneficiary not to exceed the maximum allowed by law at the time
when said statement is demanded.
(6) That any award of damages in connection with any condemnation for public use of or
injury to said Property or any part thereof is hereby assigned and shall be paid to Beneficiary (and to any
superior trust deed holder, as their interests may appear) who may apply or release such moneys received
by him in the same manner and with the same effect as above provided for disposition of proceeds of fire
or other insurance.
(7) That by accepting payment of any sum secured hereby after ks due date, Beneficiary does
not waive his right either to require prompt payment when due of all other sums so secured or to declare
default for failure so to pay.
(8) That at any time or ~'om time to time, without liability therefor and without notice, upon
written request of Beneficiary and presentation of this Deed of Trust and said note for endorsement, and
without affecting the personal liability of any person for payment of the indebtedness secured hereby,
Trustee may: reconvey any part of said Property; consent to the making of any map or plat thereof, join
in granting any easement thereon; or join in any extension agreement or any agreement subordinating the
lien or charge hereof.
(9) That upon written request of Beneficiary stating that all sums secured hereby have been
paid, and upon surrender of this Deed of Trust and said note to Trustee for cancellation and retention and
upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder.
The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness
thereof. The grantee in such reconveyance may be described as "the person or persons legally enti~ed
thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this
Deed of Trust (unless directed in such request to retain them).
(10) That as additional security, subject to the rights of superior trust deed holders, as their
interests may appear, Trustor hereby gives to and confers upon Beneficiary the right, power and
authority, during the continuance of these Trusts, to collect the rents, issues and profits of said Property,
reserving unto Trustor the right, prior to any defauh by Trustor in payment of any indebtedness secured
hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits
as they become due and payable. Upon any such default, Beneficiary may at any time without notice,
either in person, by agent, or by a receiver to be appointed by a court, and without regard to the
adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said
Property or any part thereof, in his own name sue for or otherwise collect such rants, issues and profits,
iincluding those past due and unpaid, and apply the same, less costs and expenses of operation and
collection, including reasonable attomey's fees, upon any indebtedness secured hereby, and in such order
as Beneficiary may determine. The entering upon and taking possession of said Property, the collection
of such rents, issues and profits and the apphcation thereof as aforesaid, shall not cure or waive any
default or notice of default hereunder or invalidate any act done pursuant to such notice.
(11 ) That upon default by Trustor in payment of any indebtedness secured hereby, or in
performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately
due and payable by delivery to Trustee of written declaration of defanlt and demand for sale and of
3
R:~owessjX~sp~t~losa ds~:sxJ2k~ ofTrust-01d Town Plaza
written notice of default and election to cause to be sold said Properly, which notice Trustee shall cause
to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note and all
documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said
notice of default, and notice of sale having been given as then required by law, Trustee, without demand
on Trustor, shall sell said Property at the time and place fixed by it in said notice of sale, either as a whole
or in separate parcels, and in such order as it may datermine, at public auction to the highest bidder for
cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or
any portion of said Property by public announcement at such time and place of sale, and from time to
time thereafter may postpone such sale by public announcement at the time fixed by the preceding
postponement. Trustee shall deliver to such purchaser its deed conveying the Property so sold, but
without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts
shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or
Beneficiary as hereinaRer defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of
evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of.' all sums
expended under the terms bereot; not then repaid, with accrued interest at the mount allowed by law in
effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or
persons legally entitled thereto.
( 12 ) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from
time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein
or acting hereunder, which instrument, executed by the Beneticia~y and duly acknowledged and recorded
in the office of the recorder of the county or counties where said Property is situated, shall be conclusive
proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from
the Trustee predecessor, succeed to all its title estate, rights, powers and duties. Said instrument must
contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where
this Deed of Trust is recorded and the name and address of the new Trustee.
( 13 ) That this Deed of Trust apphes to, inures to the benefit of, and binds all parties hereto,
their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary
shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named
as Beneficiary herein. In this Dc.~d of Trust, whenever the context so requires, the masculine gender
includes the feminine and/or neuter, and the singular number includes the plural.
(14) That Trustee accepts this Trust when this Deed of Trust, duly executed and
acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party
hereto of pending sale under any Deed of Trust or of any action or proceeding in which Trustor,
Beneficiary or Trustee shall be a party unless brought by Trustee.
(15) fithe Trustor shall sell, lease, transfer, assign, convey, encumber, mortgage, hypothecate
or alienate the real property described herein, or any part thereof, or any interest therein, or shall be
divested of title or any interest therein in any manner or way, whether voluntarily or involuntarily (except
as permitted by Benetieiary pursuant to the terms and conditions set forth in the Agreements), or if
4
R:~.w.:rsj~fs~qo.n docsXOeed of Tmsl-0id Town ~
Trustor shall fail to make any payments due under the note secured by this Deed of Trust, or fail to
perform any other obligation under said Regulatory Agreement of even date herewith, this Deed of Trust
or the note secured hereby, or any other deed of trust encumbering the subject Properly, then Beneficiary
shall have the right, at its option, to declare any indebtedness or obligations secured hereby, irrespective
of the maturity date specified in any note evidencing the same, immediately due end payable. The
restrictions contained in this paragraph shall atnomatically terminate if title to the Property is transferred
by foreclosure or deed-in-lieu of foreclosure under a superior mortgage or deed of trust, or a prior
mortgage or deed of trust is assigned to the United States Secretary of Housing and Urban Development.
(16) Any breach or default under the Regulatory Agreement shall be deemed a breach of this
Deed of Trust.
Any breach of any of such covenants or agreements shall at the option of Beneficiary constitute a
breach of this Deed of Trust. Trustor hereby agrees that Beneficiary shall have the fight, but not the
obligation, to cure any breach of any such covenants or agreements, and that any expense, cost, fee or
charge of any kind incurred by Beneficiary in curing such breach shall be added to the indebtedness owed
to Beneficiary, shall bear interest ~'om the date of expenditure at the rate of 10% per annum, and shall be
secured by this Deed of Trust. Any cure by Beneficiary of Trustor's breach of such covenants or
agreements shall not be a cure of Tmstor's breach of this Deed of Trust.
The undersigned Trustor requests that a copy of any Notice of Default end of any Notice of Sale
hereunder be mailed to him at his address hereinbefore set forth.
Signature of Trustor
Old Town Plaza Partners, LLC
By:
Name: Richard G. Gabriel, Trustee
Title: Owner
By:
Name: Marilyn F. Crabriel, Trustee
Title: Owner
By:
Name: James N. Senechal, Trustee
Title: Owner
By:
Name: David L. Phares
Title: Owner
By:
Name: Susie G. Phares
5
R:~pow~nj~fa~dexlo~n doc~k~d of Trial,Old Town Plaza
Title: Owner
By:
Name: Thomas H. Maxwell
Title: Owner
By:
Name: Janice M. Maxwell
Title: Owner
By:
Name: Wayne F. Whitehurst
Title: Owner
6
R:tn~wessj~fa~s~L*Xlosn do~Deed ofTntsl-OId To~m Plan
State of California }
}
County of }
On ,19 , before me, , a Notary Public,
personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capaeity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
1
WITNESS my hand and official seal.
Signature
(sea )
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: (APN 921-070-006)
THAT PORTION OF LOTS 17 THROUGH 32, INCLUSIVE, TOGETHER WITH THE
NORTHEASTERLY 10.00 FEET OF FRONT STREET ADJOINING SAID LOT 32, ALL
IN BLOCK 23 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE ,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 726 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; AND THAT PORTION OF
LOT 6 OF BLOCK 2 AS SHOWN BY THE MAP OF SUBDIVISION OF PAUBA LAND
AND WATER COMPANY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
AS SHOWN BY MAP ON FILE tN BOOK 11 PAGE 507 OF MAPS, RECORDS OF
SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FRONT STREET
(88.00 FEET WIDE) AND THE CENTERLINE OF CONSTRUCTION OF MORENO
ROAD (88.00 FEET WIDE) AS SHOWN ON THE MAP OF TRACT NO. 5790 ON FILE
IN BOOK 81 PAGES 31 THROUGH 35, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF FRONT STREET BEING A
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 52° 47' 50"
WEST;
THENCE SOUTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
02° 39' 16" AN ARC DISTANCE OF 69.49 FEET;
THENCE RADIAL TO SAID CURVE, NORTH 50° 08' 34" EAST, 44.00 FEET TO THE
NORTHEASTERLY LINE OF FRONT STREET, AS SHOWN ON THE MAP OF SAID
TRACT NO. 5790 AND MORE SPECIFICALLY SHOWN ON RIGHT OF WAY MAP
802-V ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE
COUNTY, BEING ALSO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE LEAVING THE NORTHEASTERLY LINE OF FRONT STREET, NORTH 06°
12' 10" EAST 33.12 FEET TO THE SOUTHEASTERLY LINE OF MORENO ROAD AS
SHOWN BY THE MAP OF SAID TRACT NO. 5759 AND RIGHT OF WAY MAP NO.
802-V;
THENCE ON THE SOUTHEASTERLY LINE OF MORENO ROAD NORTH 52° 15' 45"
EAST, 22.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 244.00 FEET;
THENCE NORTHEASTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
18° 26' 38" AN ARC DISTANCE OF 78.55 FEET;
THENCE NORTH 68° 52' 18" EAST, 26.42 FEET TO A POINT ON A NON-
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 435.78 FEET,
SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF MERCEDES
STREET (60.00 FEET WIDE) AS DESCRIBED TO THE COUNTY OF RIVERSIDE IN A
DEDICATION AND EASEMENT DEED RECORDED APRIL 22, 1969 AS DOCUMENT
NO. 39504 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 13° 55' 28"
WEST;
THENCE EASTERLY ON THE SOUTHERLY LINE OF MERCEDES STREET, THROUGH
A CENTRAL ANGLE OF 14° 51' 50"', AN ARC DISTANCE OF 113.05 FEET TO A
POINT ON THE NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA,
BEING ALSO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED
TO THE COUNTY OF RIVERSIDE FOR MERCEDES STREET, RECORDED APRIL 15,
1976 AS DOCUMENT NO. 50513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE EASTERLY ON THE SOUTHERLY BOUNDARY OF SAID DEED AND
CONTINUING ON SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE
OF 00° 56' 15" AN ARC DISTANCE OF 7.13 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 88° 07' 25" EAST 196.65 FEET TO
A POINT ON THE SOUTHEASTERLY LINE OF LOT 17, IN BLOCK 23 OF THE TOWN
OF TEMECULA, SAID POINT BEING SOUTH 44° 22' 13" WEST, 19.21 FEET FROM
THE MOST EASTERLY CORNER OF SAID LOT;
THENCE SOUTH 44° 22' 13" WEST ON THE SOUTHEASTERLY LINE OF LOTS 17
THROUGH. 32, INCLUSIVE, IN SAID BLOCK 23 AND PROLONGATION THEREOF,
TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE
NORTHEASTERLY 10.00 FEET OF FRONT STREET (80.00 FEET WIDE) AS SHOWN
BY THE MAP OF THE TOWN OF TEMECULA, SAID 10.00 FEET OF FRONT STREET
HAVING BEEN DESCRIBED IN RESOLUTION NO. 75-104 ABANDONING A PORTION
OF FRONT STREET, RECORDED APRIL 23, 1975 AS DOCUMENT NO. 46491 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTH 450 30' 01" WEST ON THE SOUTHWESTERLY LINE OF SAID
ABANDANONED 10.00 FOOT STRIP, TO THE INTERSECTION THEREOF WITH SAID
NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA;
THENCE ON SAID BOUNDARY, NORTH 44° 25' 05" EAST TO THE
NORTHWESTERLY LINE OF FRONT STREET (88.00 FEET WIDE) AS SHOWN BY
SAID RIGHT OF WAY MAP 802-V, SAID NORTHWESTERLY LINE BEING A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,456.00 FEET, A RADIAL
LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 46° 57' 44' WEST;
THENCE NORTHWESTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
03° 10' 50" AN ARC DISTANCE OF 80,82 FEET TO THE TRUE POINT OF
BEGINNING, TOGETHER WITH THAT PORTION OF THE NORTHWEST HALF OF THE
ALLEY IN SAID BLOCK 23 ABUTTING SAID LAND WHICH WOULD PASS BY
OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND.
Parcel 2: (APN 922-023-019)
AN EASEMENT FOR ENCROACHMENT PURPOSES OVER THAT PORTION OF
LOT 1, TRACT 23925 AS SHOWN BY MAP ON FiLE IN BOOK 209 PAGES
21 THROUGH 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET
AND 6TM STREET, AS SHOWN ON SAID MAP;
THENCE NORTH 45° 30' 01" WEST ALONG THE CENTERLINE OF FRONT
STREET, A DISTANCE OF 178.98 FEET;
THENCE NORTH 44° 30' 50" EAST, A DISTANCE OF 30.00 FEET TO A
POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF FRONT STREET,
(A 30 FOOT HALF WIDTH RIGHT OF WAY) SAID POINT BEING THE POINT
OF BEGINNING; THENCE NORTH 45° 30' 01" WEST, ALONG SAID RIGHT
OF WAY LINE, A DISTANCE OF 1.00 FEET TO THE BOUNDARY LINE OF
SAID LOT 1;
THENCE NORTH 44° 25' 45' EAST ALONG SAID LINE A DISTANCE OF
393.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 120.0 FEET AND A RADIAL
WHICH BEARS SOUTH 14° 50' 06" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID LOT
LINE, SAID LINE BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF
MERCE~)ES STREET THROUGH A CENTRAL ANGLE OF 00° 18' 06% AN
ARC LENGTH OF 0.63 FEET; THENCE SOUTH 44° 21' 50" WEST, A
DISTANCE OF 394.28 FEET TO THE POINT OF BEGINNING.
THIS HEREIN DESCRIBED PARCEL CONTAINS 305.5 SQUARE FEET, MORE
OR LESS.
DO NOT RECORD
FOR RECONVEYANCE OR FORECLOSURE SEND TO THE NEAREST OFFICE
OF THE FIRST AMERICAN i t i LE INSURANCE COMPANY OF CALIFORNIA
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid.
Dated
TO Trustee:
The undemigned is the legal owner and holder of all indebtedness secured by the wtffiin Deed of Trust. All
sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed,
on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of
indebtedness, secured by said Deed of Trust, delivered to you herewith together with the said Deed of Trust, and to
reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you
under the same.
MAIL RECONVEYANCE TO
(By)
(By)
Do not lose or deslroy this Deed of Trust OR THE NOTE which it secures.
Both must be delivered to the Trustee for cancellation before reconveyance will be made.
E,YI:IIBIT E
SC~DULE OF pERFORMANCE
11/29/99 1481182
F~WrRIT F
FORM OF RESTRICTIVE COVENANT
11/29/99 1481182
Recording Requested by and
When Recorded Return
Redevelopment Agency of the
City of Temecula
43200 Bus'mess Park Drive
Post Office Box 9033
Temecula, Ca. 92589-9033
Attention: City Clerk
Exhibit F
KESTRICTIVE COVENANT
TH~S RESTmCTNE COVENANT is entered into by and betwean the REDEVELOPMENT AGENCY OF THE
crrY OF TEMECUL& a pubBe body corporate and politic (hereina~er referred to as "Agency"), OLD TOWN
PLAZA PARTNERS, LLP, Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel Trust, James N.
Senechal, Trustee of the James N. Seneehal Declaration of Trust, David L. Phares and Susie G. Phares,
Thomas H. Maxwell and ~'aniee M. Maxwell, and Wayne F. Whitehurst (hereinafter collectively referred
to as "Participant") with reference to the following:
Participant is the owner of real property located at 28410 Front Street, Temecula, California
(hereinafier referred to as the "Property") and legally Exhibit "A," attached hereto and
incorporated herein by this reference.
The Property is subject to the provisions of the Redevelopment Plan 1988-1 (the "Redeveiopment
Plan"), as amended from time to time.
Participant and Agency have entered into that certain Owner Participation Agreement dated
December 14, 1999 (hereinafier referred to as the "OPA"). The OPA sets forth in full all
conditions and terms agreed to by the parties hereto for the improvements to the facade of the
buildings on the Property and the t~.xss and conditions of the Agency's financial assistance for
such work.
NOW, THEREFORE, AGENCY AND PARTICIPANT AGREE AS FOLLOWS:
This Agreement is in accordance with and subject to the Redevelopment Plan, which is a public
record on file in the offices of the City Clerk of the City of Temecula (the "City") and the
Secretary of Agency, and with the OPA. In the event of any conflict between the terms of this
Agreement and the OPA, the tenus of the OPA shall prevail.
R:Xx~owersJ~faggeX~gr~e~nents~Old To~n Plaza R~ltict Corm
Participant hereby covenants and agrees for itself, its successors, assigns, and every successor in
interest to the Property that the Participant such successors and such assigns, shall:
(a) Develop and use the Property only for the development permitted and specified in the
Redevelopment Plan and the OPA (the "Project");
(b) Keep the Property free ~'om any a~eumula~on of debris or waste materials;
(c)
Maintain the Property in a commercially reasonably manner consistent with first class
commercial shopping centers.
Prior to the completion of the improvements constituting the Project, Participant hereby
covenants and agxees for itself, its successors, assigns, and every successor in interest to the
Property, that:
(a)
Concurrently with the sale, assignment, conveyance, leasing or transfer of the Property, or
any part thereof, Participant shall assign to the buyer, lessee, assignee, or transferee (as the
case may be) all of Participanfs rights under (i) the OPA and (ii) the agreement with the
contractor for the Project, and such buyer, lessee, assignee, or transferee (as the case may
be) shall execute a docuraent, approved by Agency, whereby the buyer, lessee, assignee,
or transferee assumes and agrees to perform all of Participant's obligations under the OPA
and such agreement with the contractor. The Participam shall deliver a fully executed
original of such instrument to Agency concurrently with such sale, assignment,
conveyance, leasing or transfer. Participant acknowledges that the t~ms of the OPA
provide that the Loan shall be repaid in full upon a conveyance of the property.
(b)
The provisions set forth in this Section 3 shall not be deemed to prohibit, prevent or
regulate the following: (1) granting of easements or pertnits to facilitate the Project; (2)
the lease or rental of space in the completed improvemems in the ordinary course of
business to tenants thereof; or (3) the conveyance of a security iracrest in the Property
which is allowed pursuant to the OPA.
Participant covenants and agrees for itself, its successors, ks 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, reliSion, medical condition, sex, sexual
orientation, marital stares, ancestry, national orion, political affiliation or opinion, pregtmacy or
pregnancy related condition, age, or physical handicap, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property nor shall Participant or any person claiming under
or through Participant 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 Properly.
Participant covenants and agrees for itself, its successors, its assigns, and every successor of
interest to the Property that all deeds, leases or contracts relating to the sale, transfer or leasing of
the Property or any interest therein, the Project, or any part thereof, shall contain or be subject to
R:~wffsJ'~fn~ad~xagremm~sxl31d Tow~ Plan ~ Covm
substantially the following non 'd~erimination or nonsegregation clauses as required by Health and
Safety Code Section 33436:
(a) In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and
all persons claimin~ 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, sexual orientation, marital status, ancestry, national origin, age, physical handicap in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein
conveyed, nor shall the grantee itself or any person cling 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 in the land herein conveyed."
(b)
In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all
persons claiming under or through them, and this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of
persons, on account of race, color, creed, religion, sex, sexual orientation, marital stares,
ancestry, national origin, age, physical handicap in the leasing, subleasing, renting,
transferring, use, occupancy, tenure or enjoyment of the land herein, nor shall lessee itself,
or any person claiming under or through it establish or permit such practice or practices of
discrimination of segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herfin.'
(C)
In contracts relating to the sale, transfer or leasing of the Property or any interest therein:
"There shall be no discrimination against or segregation of any person or group of persons
on account of race, color, creed, religion, sex, sexual orientation, marital status, ancestry,
national origin. age, physical handicap in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under
or through it establish or perix,it any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, soblessees or vendees of the land."
If participant fails to maintain the Property as required by Section 2(c), above, then Agency may
give Participant written notice of the failure, including a description of the reasons for the failure.
Upon receipt of the notice, Participant must immediately commence to cure, correct or remedy
such default and shall complete such cure, correction or remedy within thirty (30) days ~'om
receipt of the written notice of default; and during such period of curing shall not be in default. If
such cure, correction or remedy, other than payment of monies due, by its nature cannot be
effectuated within such thirty (30) day period, such cure, correction or remedy shall be diligently
and continuously prosecuted until completion thereof, but in no event for a period longer than
ninety (90) days. If such defaulting party fails to cure the default within such time period, non-
defaulting party may terminate this Agreement and exercise any rights or remedies it may have at
law or in equity. In addition, the Agency may declare all sum the Loan and the Grant,
immediately due and payable.
11/29/99 1481163 ' 3 '
lN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
written above.
OLD TOWN PLAZA PARTNERS~ LLP
Name: Richard G. Gabriel, Trustee
Title: Owner
By:
Name: Marilyn F. Gabriel, Trustee
Ti~e: Owner
By:
Name: James N. Senechai, Trustee
Title: Owner
By:
Name: David L. Phares
Title: Owner
By:
Name: Susie G. Phares
Title: Owner
By:
Name: Thomas H. Maxwell
Title: Owner
By:
Name: Janice M. Maxwell
Title: Owner
By:
Name: Wayne F. Whitehurst
Title: Owner
11/29/99 1481183 ' 5 '
REDEVELOPMF,.~IT AGENCY OF THg crrY OF TEM~CULA, a pubtic body, corporate and politic
Ron Robeas
Chairman
Attest:
Susan Jones, CMC/AAE
Agency Secretary
Approved as to Form:
Peter M. Thorson
Agency Attorney
NOTE: THE PARTIES' EXECUTION OF THIS AGREEMENT MUST BE NOTARIZED BY A
NOTARY PUBLIC
11/29/99 1481183
State of California }
County of Riverside }
On ,19 , before me, , a Notary Public,
personally appeared
· personally known to me (or proved to me on the basis of
~ti~actory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
State of Califomia }
County of Riverside }
On ,19 , before me, , a Notary Public,
personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: (APN 921-070-006)
THAT PORTION OF LOTS 17 THROUGH 32, INCLUSIVE, TOGETHER WITH THE
NORTHEASTERLY 10.00 FEET OF FRONT STREET ADJOINING SAID LOT 32, ALL
IN BLOCK 23 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE ,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 726 OF
MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; AND THAT PORTION OF
LOT 6 OF BLOCK 2 AS SHOWN BY THE MAP OF SUBDIVISION OF PAUBA LAND
AND WATER COMPANY, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
AS SHOWN BY MAP ON FILE IN BOOK 11 PAGE 507 OF MAPS, RECORDS OF
SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FRONT STREET
(88.00 FEET WIDE) AND THE CENTERLINE OF CONSTRUCTION OF MORENO
ROAD (88.00 FEET WIDE) AS SHOWN ON THE MAP OF TRACT NO. 5790 ON FILE
IN BOOK 81 PAGES 31 THROUGH 35, INCLUSIVE, OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, THE CENTERLINE OF FRONT STREET BEING A
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1,500.00 FEET, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 52° 47' 50"
WEST;
THENCE SOUTHEASTERLY ON SAID CURVE THROUGH A CENTRAL ANGLE OF
02° 39' 16" AN ARC DISTANCE OF 69.49 FEET;
THENCE RADIAL TO SAID CURVE, NORTH 50° 08' 34" EAST, 44.00 FEET TO THE
NORTHEASTERLY LINE OF FRONT STREET, AS SHOWN ON THE MAP OF SAID
TRACT NO. 5790 AND MORE SPECIFICALLY SHOWN ON RIGHT OF WAY MAP
802-V ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE
COUNTY, BEING ALSO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE LEAVING THE NORTHEASTERLY LINE OF FRONT STREET, NORTH 06<'
12' 10" EAST 33.12 FEET TO THE SOUTHEASTERLY LINE OF MORENO ROAD AS
SHOWN BY THE MAP OF SAID TRACT NO. 5759 AND RIGHT OF WAY MAP NO.
802-V;
THENCE ON THE SOUTHEASTERLY LINE OF MORENO ROAD NORTH 52° 15' 45"
EAST, 22.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 244.00 FEET;
THENCE NORTHEASTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
18° 26' 38" AN ARC DISTANCE OF 78.55 FEET;
THENCE NORTH 68° 52' 18" EAST, 26.42 FEET TO A POINT ON A NON-
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 435.78 FEET,
SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF MERCEDES
STREET (60.00 FEET WIDE) AS DESCRIBED TO THE COUNTY OF RIVERSIDE IN A
DEDICATION AND EASEMENT DEED RECORDED APRIL 22, 1969 AS DOCUMENT
NO. 39504 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 13° 55' 28"
WEST;
THENCE EASTERLY ON THE SOUTHERLY LINE OF MERCEDES STREET, THROUGH
A CENTRAL ANGLE OF 14° 51' 50", AN ARC DISTANCE OF 113.05 FEET TO A
POINT ON THE NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA,
BEING ALSO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED
TO THE COUNTY OF RIVERSIDE FOR MERCEDES STREET, RECORDED APRIL 15,
1976 AS DOCUMENT NO. 50513 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA;
THENCE EASTERLY ON THE SOUTHERLY BOUNDARY OF SAID DEED AND
CONTINUING ON SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE
OF 00° 56' 15" AN ARC DISTANCE OF 7.13 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 88° 07' 25" EAST 196.65 FEET TO
A POINT ON THE SOUTHEASTERLY LINE OF LOT 17, IN BLOCK 23 OF THE TOWN
OF TEMECULA, SAID POINT BEING SOUTH 44" 22' 13" WEST, 19.21 FEET FROM
THE MOST EASTERLY CORNER OF SAID LOT;
THENCE SOUTH 44° 22' 13" WEST ON THE SOUTHEASTERLY LINE OF LOTS 17
THROUGH 32, INCLUSIVE. IN SAID BLOCK 23 AND PROLONGATION THEREOF,
TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE
NORTHEASTERLY 10.00 FEET OF FRONT STREET (80.00 FEET WIDE) AS SHOWN
BY THE MAP OF THE TOWN OF TEMECULA, SAID 10.00 FEET OF FRONT STREET
HAVING BEEN DESCRIBED IN RESOLUTION NO. 75-104 ABANDONING A PORTION
OF FRONT STREET, RECORDED APRIL 23, 1975 AS DOCUMENT NO. 46491 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTH 45~ 30' 01" WEST ON THE SOUTHWESTERLY LINE OF SAID
ABANDANONED 10.00 FOOT STRIP, TO THE INTERSECTION THEREOF WITH SAID
NORTHWESTERLY BOUNDARY OF THE TOWN OF TEMECULA;
THENCE ON SAID BOUNDARY, NORTH 44° 25' 05" EAST TO THE
NORTHWESTERLY LINE OF FRONT STREET (88.00 FEET WIDE) AS SHOWN BY
SAID RIGHT OF WAY MAP 802-V, SAID NORTHWESTERLY LINE BEING A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,456.00 FEET, A RADIAL
LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 46° 57' 44" WEST;
THENCE NORTHWESTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF
03° 10' 50" AN ARC DISTANCE OF 80.82 FEET TO THE TRUE POINT OF
BEGINNING, TOGETHER WITH THAT PORTION OF THE NORTHWEST HALF OF THE
ALLEY IN SAID BLOCK 23 ABUTTING SAID LAND WHICH WOULD PASS BY
OPERATION OF LAW WITH THE CONVEYANCE OF SAID LAND.
Parcel 2: (APN 922-023-019)
AN EASEMENT FOR ENCROACHMENT PURPOSES OVER THAT PORTION OF
LOT 1, TRACT 23925 AS SHOWN BY MAP ON FILE IN BOOK 209 PAGES
21 THROUGH 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET
AND 6TM STREET, AS SHOWN ON SAID MAP;
THENCE NORTH 45° 30' 01" WEST ALONG THE CENTERLINE OF FRONT
STREET, A DISTANCE OF 178.98 FEET;
THENCE NORTH 44° 30' 50" EAST, A DISTANCE OF 30.00 FEET TO A
POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF FRONT STREET,
(A 30 FOOT HALF WIDTH RIGHT OF WAY) SAID POINT BEING THE POINT
OF BEGINNING; THENCE NORTH 45° 30' 01" WEST, ALONG SAID RIGHT
OF WAY LINE, A DISTANCE OF 1.00 FEET TO THE BOUNDARY LINE OF
SAID LOT 1;
THENCE NORTH 44° 25' 45" EAST ALONG SAID LINE A DISTANCE OF
393.96 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 120.0 FEET AND A RADIAL
WHICH BEARS SOUTH 14° 50' 06" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND ALONG SAID LOT
LINE, SAID LINE BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF
MERCEDES STREET THROUGH A CENTRAL ANGLE OF O0° 18' 06", AN
ARC LENGTH OF 0.63 FEET; THENCE SOUTH 44° 21' 50" WEST, A
DISTANCE OF 394.28 FEET TO THE POINT OF BEGINNING.
THIS HEREIN DESCRIBED PARCEL CONTAINS 305.5 SQUARE FEET, MORE
OR LESS.
RDA
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
December 14, 1999
Monthly Departmental Report
Attached for your information is the monthly report as of December 14, 1999 for the Redevelopment
Department.
HOUSING
First Time Homebuyers Proclram
Funding in the amount of $300,000 is available for FY 99-00. Six loans have been closed for
$113,860 with one loan pending.
Residential Iml~rovement Prowlrams
For FY 99/00, thirty-five projects have been completed and six are in process. The program budget
is $200,000 and $147,232 has been funded. The majodty of these projects are roof repairs,
repainting and fence replacement.
Affordable Rental Housin~l Projects
Agency staff has the responsibility for monitoring all projects ob~,aining Agency assistance to
rehabilitate existing affordable rental housing, as well as new construction. After completion, annual
reporting is required to ensure all tenants continue to meet income criteria outlined in the Project
Regulatory Agreement and that all rents charged are within established affordable limits. The audit
for the Rancho West Apartments (150 units) has been completed.
Mission Villacle Al~artments
Rehabilitation of 38 distressed affordable housing units is underway, and construction of 38 new
units has begun. All units will be occupied by very low and low-income families. Construction of the
units is complete. All ddves and parking surface will be installed within two weeks. A grand opening
celebration is scheduled for January 20, 2000.
\\TEMEC_FSIOI\VOLI\DEPTS\REDEV\SYERSK\MONTHLLY\REPORT.decernber2.doc
Habitat for Humanity
Habitat has completed the family selection process and is preparing plans for submittal to Planning,
Title to the property will be transferred to Habitat after construction plans are approved,
Pujol Accluisitions for Affordable Housincl
Staff has dosed escrow on three residential sites for the future development of affordable housing,
Three additional owners of property sites in the same area have accepted the Agency's offers of the
appraised value, and escrows are in process,
Facade ImprovementJNon-Conforminc~ Sign Proclram
The following facade improvement/sign projects have recently been completed:
· Main Street Salon
Signs
· 28657**63 Front Street (Rocky Mountain House, et,al,)
- extedor paint
The following facade improvements are underway:
· Second Street Automotive (Second and Mercedes)
Complete Facade Renovation
· Rancon Building (Front Street)
Repaint Trim & Sign
· The Temeku Market and Porch (Front Street)
Fire Sprinklers
· Palomar Hotel
Plans have been submitted for the rehabilitation of the hotel and its conversion to a Bed and
Breakfast. The Agency will provide financial assistance through the Fa~:ade Improvement
Program,
· Circle K Center in Old Town
The Redeveiopment Agency has negotiated assistance for the rehabilitation of the center,
Western-style architectural enhancements are included,
R:\syersk\monthly\report. May
2
ITEM 15
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
PREPARED BY:
RECOMMENDATION:
City Manager/City Council
Gary Thornhill, Deputy City Manager'
December 14, 1999
Rancho Highlands Drive General Plan Amendment (Planning Application
PA99-0451)
David Hogan, Senior Planner
The Planning Commission recommends that the City Council:
1. APPROVE a Negative Declaration for Planning
Application PA99-0451; and,
2. ADOPT a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE GENERAL PLAN
LAND USE MAP FOR A LOCATION ON RANCHO
HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S
PARCEL NOS. 944-330-019 (PLANNING APPLICATION
NO. PA99-0451 )
BACKGROUND:
The purpose of this amendment is to correct a mapping discontinuity between the Rancho
Highlands Specific Plan and the General Plan Land Use Map. The General Plan Amendment,
if approved, would change the designation on 1.4 acres of property from Open Space to
Highway Tourist Commercial. This clean-up General Plan Amendment would apply to most of
Lot 3 of Parcel Map 23624. This item was initially presented to the Planning Commission at
their August 18, 1999 meeting. At that time, the Commission continued this General Plan
Amendment off calendar to provide staff an opportunity to gather additional information about
the original intent of the Rancho Highlands Specific Plan.
Following this meeting, staff prepared additional information for the Commission. This
additional information was presented to the Planning Commission at their December 8, 1999
meeting. The results of the Planning Commission's deliberations will be provided to the City
Council dudng staffs presentation.
\\TEMEG_FS101\VOL1%Depts%PLANNING%STAFFRpT~451pA99 CCI,doc
1
Rancho Hi~lhlands Specific Plan
The Rancho Highlands Specific Plan was initially approved by the County of Riverside in 1984.
Following the identification of the VVildomar Fault in the late 1980's, the Specific Plan was
substantially amended in 1988 to remove development from the Alquist-Pdolo Special Study
Zone. The AlquistoPdolo Special Studies Zone Act called for the identification of active fault
zones throughout the State and required that all habitable structures be located at least 50 feet
away from an identified fault zone.
It is Staffs opinion that a landscaped and manufactured slope has been incorrectly identified
as open space on the City General Plan. The issue of open space is discussed in four different
areas of the Rancho Highlands Specific Plan. The four areas are as follows:
Section III.A.2.d on page 16: The Open Space/Recreation discussion states that the
1988 amendments to the Specific Plan would reduce the amount of open space/major
slopes within the project from 60.6 to 34.3 acres. The change represented a shift from
away from non-usable slope areas toward more active recreation sites. The odginal
Specific Plan had no park or recreation facilities shown on the plan.
The key fact hera is that major slope areas were considered to be open space within
the Plan. The definition of open space used in the Specific Plan is very differant from
the definition commonly in use by the City of Temecula. The City Planning Department
does not consider manufactured slopes to be open space since none of the underlying
plant and animal resources remain after the grading and landscaping processes are
completed.
Section III.A.7 Open Space and Recreation Plan on pages 26 through 28: The open
space issues are discussed in more detail in Section 7 of the Specific Plan. This
section states that the Open Space and Recreation Plan includes natural open space,
two lakes, and racreation centers (paragraph I on page 26). There is another
reference to open space in Paragraph 3 that talks about the acreage of "open
space/major slopes" within the project. Most of the rest of this section discusses the
proposed recreation facilities. Figure 12 shows all the "Natural Open
Space/Manufactured Slope" areas within the project. The area of the proposed General
Plan Land Use Map change is shown on Figure 12 as a Natural Open
Space/Manufactured Slope.
Figure 13: The conceptual Grading Plan for the Rancho Highlands Specific Plan also
provides information about future open space areas within the Plan. Specifically, the
legend for the conceptual grading exhibit contains a listing for "Natural Open Space".
When the exhibit is examined, no natural open space areas are actually shown on this
Plan. Because natural open space is shown on the legend and not identified on the
conceptual grading exhibit, staff believes that the open space areas in the odginal
Specific Plan ware eliminated when the Specific Plan was amended in 1988.
Based upon an evaluation of the Specific Plan, it is believed that the site had originally
been envisioned to contain only manufactured landscaped slopes. These slopes were
supposed to provide a transition area between two adjacent Planning Areas. However,
the need for an extensive transition in this area was eliminated when the site was
graded and used as a borrow site in the eady 1990s.
%%TEMEC_FS101 ~VOL1 ~Depts~PLANNING%STAFFRPT~451PA99 CCI,doc
2
Figure 6, the Land Use Plan, has been prepared in a "bubble" style and is intended to
show only the general development area for each particular Planning Area. As a result,
staff believes that the "open space" area in question, was intended to depict a transition
and slope area between Planning Area 2 (commercial) and Planning Area 6 (high
density residential/commercial).
Finally, the interpretation that Open Space had never been intended in this area is
further supported by Riverside County's approval of Tentative Parcel Map 23624 in
1989. At that time, Planning Area 2 was subdivided into three commercial sites. None
of the three parcels contained an identification that an undevelopable open space lot
was being created. The other two commercial sites have already been developed with
commercial uses.
In conclusion, staff believes that this open space area within the Rancho Highland Specific
Plan was never intended to be open space as we currently understand it. The Specific Plan,
when taken as a whole, indicates that these areas were originally intended to represent a
landscaped transition area between the different land use areas. As a result, it is
recommended that the proposed clean-up amendment to the General Plan be approved. A
copy of these various pages from the Rancho Highlands Specific Plan are in Attachment No. 3.
ENVIRONMENTAL DETERMINATION:
An Initial Environmental Study was prepared for this project to determine if the proposed
changes would result in any environmental impacts or any impacts beyond those identified in
the Final Environmental Impact Report for the City General Plan. The Initial Study indicated
that overall, the proposed General Plan Amendments would not result in impacts beyond those
originally anticipated for the City General Plan. As a result, these potential increases are not
considered significant and Planning Commission recommends that a Negative Declaration be
adopted.
FINDINGS
To approve a General Plan Amendment, the following findings must be made:
The amendments are compatible with the health, safety and welfare of the
community.
2. The amendments are compatible with existing and surrounding uses.
The amendments will not have an adverse effect on the community and are
consistent with the goals and policies of the adopted General Plan.
ATTACHMENT:
2.
2.
3.
4.
Resolution No. 99- - Blue Page 4
Dreff Planning Commission Resolution - Blue Page 7
Initial Environmentel Study - Blue Page 11
Selected pages from the Rancho Highlands Specific Plan - Blue Page 12
Exhibits - Blue Page 13
A. Location Map
B Existing General Plan Map
\\TEMEC_FS101 \VOL1 ~Depts~PLANNING~STAFFRPT~451PA99 CCI.d~c
3
ATTACHMENT NO. 1
RESOLUTION NO. 99-_
\~TEMEC_FS101\VOLI ~Depts~PLANNING~STAFFRPT%451 PA99 CCI.doc
4
ATTACHMENT NO. I
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE
IDENTIFIED AS ASSESSOR'S PARCEL NOS. 944-330-019
(PLANNING APPLICATION NO. PA99-0451)
WHEREAS, the City of Temecula initiated Planning Application No. PA99-0451, in
accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA99-0451 was processed including, but not
limited to public notice, in the time and manner prescribed by State and local law;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and,
WHEREAS, the Planning Commission considered Planning Application No. PA99-0451
on December 8, 1999, at a duly noticed public headng as prescribed by law, at which time the
City staff and interested persons had an opportunity to, and did testify either in support or
opposition to this matter;
WHEREAS, at the conclusion of the Commission headng and after due consideration of
the testimony, the Commission recommended approval of Planning Application No. PA99-
0451;
WHEREAS, the City Council conducted a public headng pertaining to Planning
Application No. PA99-0451 on December 14, 1999, at which time interested persons had
opportunity to, and did testify either in support or opposition to Planning Application No. PA99-
0451;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA99-0451;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
Section 2. Findings The City Council, in approving Planning Application No. PA99-
0451 (General Plan Amendment) hereby makes the following findings:
the community.
These amendments are compatible with the health, safety and welfare of
B. These amendments are compatible with existing and surrounding uses.
C. These amendments will not have an adverse effect on the community
and are consistent with the goals and policies of the adopted General Plan.
\\TEMEC_FS101\VOL1~DeptS~PLANNING~STAFFRP'I~I5tPA99 CCI.doc
5
Section 3. Amendments To The General Plan Land Use MaD The City Council hereby
amends the General Plan Land Use Map for the parcels identified as APN 944-330-0219;
change the Land Use Designation from Open Space to Highway Tourist Commercial.
Section 4. Environmental Comcliance. An initial Environmental Study was prepared
for this project to determine if the proposed changes would result in any environmental impacts
beyond those impacts identified in the Final Environmental Impact Report for the City General
Plan. The Initial Study indicated that overall, the proposed General Plan Amendment will not
result in impacts beyond those originally anticipated for the City General Plan. As a result, the
City Council determines that the potential impacts of this change was adequately addressed by
the Final Environmental Impact Report for the City General Plan and that no further
environmental analysis is required.
Section 5. Severability The City Council hereby declares that the provisions of this
Resolution are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect
the validity of the remaining pads of this Resolution.
Section 6. The City Clerk shall certify the adoption of this Resolution.
Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Temecula this 14th day of December, 1999.
ATTEST:
Mayor
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 9~._ was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof, held on the __ day of
199
AYES:
NOES:
ABSENT:
by the following vote, to wit:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
\%TEMEC_FS101\VOL1%DeptS%PLANNING%STAFFRPT%451PA99 CCI.doc
6
Susan W. Jones, CMC/AAE
City Clerk
ATTACHMENT NO. 2
DRAFT PC RESOLUTION NO. 99-
\\TEMEG_FS101\VOLl%Depts%PLANNING%STAFFRPT~I51PA99 CCI,doc
7
ATTACHMENT NO. 2
PC RESOLUTION NO. gg-__.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE
IDENTIFIED AS ASSESSOR'S PARCEL NO. 944-330-019
(PLANNING APPLICATION NO. PA99-0451)"
WHEREAS, the City of Temecula initiated Planning Application No. PA99-0451, in
accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA99-0451 was processed including, but not
limited to public notice, in the time and manner prescribed by State and local law;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce;
WHEREAS, the Planning Commission considered Planning Application No. PA99-0451
on December 8, 1999, at a duly noticed public headng as prescribed by law, at which time the
City staff and interested persons had an opportunity to, and did testify either in support or
opposition to this matter; and
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission recommended approval of Planning Application No. PA99-
0451;
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 and are hereby incorporated
by reference.
Section 2. Findinqs. The Planning Commission, in recommending approval of this
General Plan Amendment, make the following findings:
A. The amendment is compatible with the health, safety and welfare of the
community.
B. The amendment is compatible with existing and surrounding uses.
C. The amendment will not have an adverse effect on the community and
are consistent with the goals and policies of the adopted General Plan.
Section 3. Environmental Compliance. An Initial Environmental Study was prepared
for this project to determine if the proposed changes would result in any environmental impacts
beyond those impacts identified in the Final Environmental Impact Report for the City General
Plan. The Initial Study indicated that the proposed General Plan Amendment would not result
in impacts beyond those originally anticipated for the City General Plan. As a result, the
\\TEMEC_FS101\VOLI~Depts~PLANNING\STAFFRpT~451pA99 CCI.doc
8
Planning Commission recommends that the City Council make a determination that the
potential impacts of this change were adequately addressed by the Final Environmental Impact
Report for the City General Plan and that no further environmental analysis is required.
Section 4. The City of Temecula Planning Commission heraby recommends approval
of Planning Application No. PA99-0451 (General Plan Amendment) and recommends that the
City Council do the following approve a Resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP
FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S
PARCEL NO. 944-330-019 (PLANNING APPLICATION NO. PA99-0451)" substantially in the
form that is attached as Exhibit A.
Section 5. PASSED, APPROVED AND ADOPTED this
1999.
day of
Ron Guerriero, Chairperson
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 8t" day of
December, 1999 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
%%TEMEC_FS101~VOL1%Depts~PLANNING~STAFFRpT~51PA99 CCI.dOC
9
ATTACHMENT NO. 3
SELECTED PAGES FROM THE RANCHO HIGHLANDS SPECIFIC PLAN
\\TEMEC_FS101%VOL1 ~Depts~c~LANNING~STAFFRpT~.451PA99 CCI.d~c
10
7. ODen SPace and Recreation
a. Open Space and Recreation Plan
The Open Space and Recreation Plan for Rancho Highlands
includes natural open space, two lakes, and recreation cen-
ters as shown on Figure 12. Open space continues to provide
buffering from the freeway and Ynez Road. However, internal
common open space has been minimized to a large extent due to
the change in product mixture from higher density clustered
development to medium (2-5 du/ac) density single-family
detached dwelling units.
The Amendment now shows a 7.8 acre community private recrea-
tion park site in the east/central portion of the site (as
noted in Section III.A.2., Land use and Density). That site
will be used for more active participation recreational land
uses than the open space which was provided on the approved
Speci-fic Plan. Some uses which may be provided are a
recreation building, tennis courts, volleyball courts,
swimming pool, children's play area, ball fields, etc. In
addition, private recreation centers will be provided in the
very high density areas (Planning Areas 3, 6, and 7). The
recreation center in Planning Area 6 will be available for
use by the residents of both Planning Areas 4/5 and 6. If a
recreation center is desired in Planning Area 4/5, then the
recreation center in Planning Area 6 will be reduced in size
accordingly.
The County requirements relative to subdivision ordinance
amendment number 460.76 (which implements the provisions of
the Quimby Act), will be satisfied by the proposed
recreational land and activities proposed. This Ordinance
Amendment requires that three (3) acres of property for each
1,000 persons within the community be dedicated to neighbor-
hood and community park and recreational purposes, for
benefit of the residentis. Based on an estimated 2.8 persons
per dwelling unit, population for the project should total
2,293 persons, which would require 6.5 acres of recreational
land to satisfy proposed Ordinance requirements. The
recreation facilities/park site (7.8 acres) more than meets
that requirement. In addition, as noted, private
recreational facilities will be provided in the very high
density residential areas, and there are 32.5 acres of open
space/major slopes.
The equestrian trail in the western portion of the site has
been eliminated. Since the conception of the original Rancho
Highlands Plan, the Rancho California area has been in a
state of land use transition from a predominantly rural to a
more urbanized condition. Additionally, the equestrian trail
did not connect to a major regional system and essentially
ended in the northern reaches of the site. In the approved
26
plan, the trail provided access to the natural open space ad-
jacent to the freeway. Because that open space has been
reduced in favor of usable park and recreation area in the
eastern portion of the site, the trail is no longer needed.
b. Development Standards
1)
The open space and recreation areas shown in Figure 12
shall be developed in accordance with the requirements
and standards of the R-5 zone of Riverside County
Ordinance No. 348, and the Specific Plan on a minimum of
50 acres as follows:
O
A master property owner's association shall be es-
tablished to operate and maintain all open space
areas and recreation facilities.
C
Vegetative stands shown in Figure 12 shall be pre-
served within open space areas and maintained in a
viable growth condition. Natural springs, ponds,
water courses, and seeps, shall be preserved within
open space areas to the greatest extent possible.
Class I bike lanes, equestrian trails and hiking
trails shall be constructed in accordance with
Figure 12.
Equestrian trails crossings shall be constructed
across identified roadways and conveyed to the
Master Homeowner's Association for maintenance.
Class II bike lanes shall be constructed on all
arterial and collector roadways Ynez Road, Santiago
Road and Rancho California Road, as they border the
Specific Plan site, and on "A" Street and "H"
Street within the Specific Plan.
2)
Community recreation center and neighborhood recreation
centers shall be developed in accordance with Exhibit
"D", and shall include the following:
O
The sites shall be fully landscaped with specimen
trees, shrubs and ground cover.
An automatic irrigation system shall be installed
in a manner compatible with the natural character
of the drainage course.
O
Maintenance of the recreation centers shall be the
responsibility of the master property owner's
association.
27
·//
c. Church Site
The approved Specific Plan shows a 6.0 acre church site
(Planning Area lS) in the southwest portion of the site.
The size and location of Planning Area 18 remains intact with
this Amendment. Depending on future demand, construction
of one or more churches and church-related uses may occur
in this area or in Planning Area 19.
d. Open Space/Recreation
The approved Specific Plan shows 60.6 acres devoted to open
space/manufactured slopes. This Amendment proposes an open
space/major slope category containing 34.3 acres, a reduc-
tion of 26.3 acres from the approved plan. While there has
been an overall reduction in open space, there is a shift
towards more active participation recreation uses from the
generally non-usable open space/slope areas.
The approved Specific Plan provides a 2.3 acre private
recreation site in the west/central portion of the site.
This Amendment proposes a 7.8 acre recreational facili-
ties/park site (Planning Area 10) in the east/central
portion of the site. Some uses which may be provided are a
recreation building, tennis courts, volleyball courts,
swimming pool, children's play area, ball fields, etc.
Please see Design Guidelines, Section IV., for design
details for these facilities.
3. Housinq
The proposed Specific Plan Amendment project includes sever-
al housing products. Primary housing neighborhoods will
include equestrian lots (low density), small and move-up
single-family detached development (medium density), and
apartments and condominiums (very high density).
The approved Specific Plan included cluster attached projects
in Planning Areas 13 and 14; and duplex units in Planning
Areas 10 and 12. It has been determined that lower density
dwellings are more appropriate and more marketable in this
area than those previously approved cluster and duplex units.
Therefore, single-family residential units are now depicted
in those areas with the exception of Planning Area 10 which
is now proposed to be developed with a park and recreational
facilities.
16
Z
..I
,.,
Z
,(
LU
ATTACHMENT NO. 4
EXHIBITS
%\TEMEC_FS101\VOL1~Depts%PLANNiNG%STAFFRPT%451PA99 CCLdoc
11
CITY OF TEMECULA
CASE NUMBER: PA99-0451
EXHIBIT- A
CITY COUNCIL DATE - DECEMBER 14, 1999
LOCATION MAP
CITY OF TEMECULA
CC
CC
.f
Ht
O
'C
OS
EXHIBIT B - GENERAL PLAN DESIGNATION
CASE NUMBER: PA99-0451
CITY COUNCIL DATE - DECEMBER 14, 1999
ATTACHMENT NO. 5
INITIAL STUDY
%\TEMEC_FS101\VOL1%Depts%PLANNINGVSTAFFRPT~451 PA99 OCI.dec
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title
Planning Application PA99-0451 - Rancho Highlands Ddve General
Plan Land Use Map Amendment
Lead Agency Name and Address
Contact Person and Phone Number
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
David Hogan, Senior Planner
(909) 694-6400
Project Location
West of Rancho Highlands Ddve, immediately east of Interstate 15 in
the City of Temecula.
Project Sponsors Name and Address
General Plan Designation
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Open Space
Zoning
Specific Plan (SP-2)
~escription of Project
Surrounding Land Uses and Setting
Other public agencies whose approval
is required
Amend the General Plan Land Use Map for a portion of the Rancho
Highlands Specific Plan from Open Space to Highway Toudst
Commercial to correct a mapping error from the eadlar adoption of the
General Ran.
The underlying Specific Plan land use and site development
requirements are not being changed by this amendment. Any future
development of the site will comply with the appropriate development
and environmental review requirements.
The site is located in the Rancho Highlands Specific Plan in an area
identified for urban scale development. The current adjacent land uses
are as follows:
North: Commercial (the Embassy Suites Hotel)
East Vacant
South: Vacant
West: Interstate 15
None.
F:%Depts~PLANNING%CEQA~451PA99 IES.d~c
1
Environmental Factors Potentially Affected -
The environmental factors checked below would be potentially affected by this project, involving at least one impact
that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use Planning
Population and Housing
Geologic Problems
Water
Air Quality
Transportation/Circulation
Biological Resources
Energy and Mineral Resources
Hazards
Noise
Public Services
Utilities and Service Systems
Aesthetics
Cultural Resources
Recreation
Mandatory Findings of Significance
None
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will nor ~
a significant effect in this case because revisions in the project have been made by or agreed to by
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required
I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless
mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an eadier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based
on the eadier analysis as described on attached sheets, if the effect is a "potentially significant impact" or
"potentially significant unless mitigated." An ENVIRONMENTAL iMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an eadier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that
earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon
the proposed project, nothing further is required,
Signature
Date
Pdnted name
For
F:~Depts~PLANNING\CEQA~I51PA99 IES.doc
2
I1. Land Use and Planning. Would the project:
~ Pgleni~lly Sig~,ficantUnlr~: L~Than
.... · .... : .... Signirmnt Mitigation:::: ~ :Signlrx:~nl: NO
a. Physically divide an established community?.(3) ,/
b. Conflict with applicable land use plan, policy, or regulation ,/
of an agency with jurisdiction over the project (including, but
not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of
avoiding or mitigation an environmental effect? (I)
c. Conflict with any applicable habitat conservation plan or ,/
natural community conservation plan? (2)
Comments:
The proposal is intended to correct a mapping error that occurred dudng the odginal General Plan process.
The site was inadvertently designated as open space when it was pert of Planning Area No. 2. The Open
Space on the General Plan was, in Rancho Highlands Specific Plan, manufactured and landscaped slopes
that were intended to rapresent a transition area between future commercial and residential areas. The
Randno Highlands Specific Plan did not identify any environmental resources that would be protected. The
project will not conflict with the applicable environmental plans or policies adopted by the agencies with
jurisdiction over the project. The project will not divide an established community. The site is located in
a commerdal area between Randno Highlands Ddve and Interstate 15. There is no established community
on or near the site to be divided by this proposal. There are also no habitat conservation or natural
community conservation plans applicable to the site. Therefore, no significant impacts will result from the
proposed project.
2. POPULATION AND HOUSING. Would the project:
Induce substantial population growth in an area, either ,/
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
Displace substantial numbers of existing housing, ,/
necessitating the construction of replacement housing
elsewhere? (3)
Displace substantial numbers of people. necessitating the ,/'
construction of replacement housing elsewhere? (3)
Comments:
The project will not induce new population growth within the area and will not displace existing residential
structures or area residents. The project is the correction of a mapping error for a commercial zone within an
appreved specific plan. As a result, no population displacement or inducement impacts are associated with
this proposal.
F:~)epts~PLANN ING\CEQA~451 PAg9 IES.doc
3
3. GEOLOGY AND SOILS. Would the project?
a.
ii)
iii)
iv)
b.
C.
Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving: (1,2,3)
Rupture of a known earthquake fault, as delineated on ,/
the most recent Alquist-Pdolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
Strong seismic ground shaking? ,/
Seismic-related ground failure, including liquefaction? ,/
Landslides? ,/
Result in substantial soil erosion or the loss of topsoil? ,/
Be located on a geologic unit or soil that is unstable, or ,/
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, laterel
spreading, subsidence, liquefaction or collapse? (3)
Be located on expansive soil, as defined in Table 1801-B ,/
of the Uniform Building Code (1994), creating substantial
dsks to life or property?.
Have soil incapaNe of adequately supporting the use of ,/
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
Comments:
The project is a General Plan Land Use Map correction and will not expose people or structures to potential
substantial adverse effects, Any spedtic development proposals will receive the appropriate environmental
review when the detailed project is ready for consideration. The General Ran identifies significant seismic
hazards near the project area. The General Plan EIR also identifies numerous mitigation measures that
will be applied when development occurs. These measures have the ability to reduce the impacts from
vadous seismic-related hazards. The project (a General Plan Land Use Map correction) has no potential
for soil subsidence and slope instability. In addition, no onsita waste disposal is being proposed. As a
result, no significant effects are anticipated as a result of this project.
4. HYDROLOGY AND WATER QUALITY. Would the project:
a. Violate any water quality standards or waste discharge ,/
requirements?
b. Substantially deplete groundwater supplies or interfere ,/
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a Iowedng of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
FRDepts~PLANNING%CEQA~,51PA99 IES.doc
4
j,
which permits have been granted)? (2)
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or dver, in a manner which would result in
substantial erosion or siltation on- or off-site? (3)
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or dver, or substantially increase the rate or amount
of surface ranoff in a manner which would result in flooding
on- or off-site? (3)
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff?
Otherwise substantially degrade water quality?
Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
(4)
Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? (4)
Expose people or structures to a significant dsk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam? (4)
Inundation by seiche, tsunami, or mudflow?. (2,4)
Comments:
The proposed amendment will not alter or impact physicel areas where flood hazards have been identified
within the City's boundaries and will not effect water quantity or quality. As a result, no significant impact
have been identified.
AIR QUALITY. Where available, the significance criteria established by the applicable quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
a. Conflict with or obstruct implementation of the applicable
air quality plan? (1,2)
b. Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors?
d. Expose sensitive receptors to substantial pollutant
concentrations?
e. Create objectionable odors affecting a substantial number
of people? (2)
F:~Depts~PLANNING~CEQA~451 PA99 IES.doc
5
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filing, hydrological
interruption, or other means?
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites? (2,3)
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
The site has already been graded and disturbed and contains no identifiable biologic resources. Pdor to
the approval of any detailed development proposal, the potential impacts to on site biologic resources will
be evaluated. As a result, no impacts are anticipated as a result of this project.
8. MINERAL RESOURCES. Would the project:
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state? (1,2)
Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Comments:
The project is a General Plan Land Use Map correction and will not impact mineral resources. In additjon,
no mineral resources have been identified on the site. As a result, no impacts are anticipated as a result
of this project.
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
::: : : :/:: :
: ~indSuppodhminfo~i~:: : : : .......
a. Create a signi~nt ha~rd to ~e public or ~e
environment ~mugh ~e mu~ne ~anspo~ation, use, or
disposal of hazardous materials?
b. Crate a signifi~nt hazard to the public or the
environment ~rough reasonably foreseeable upset and
ac~dent ~nditlons involving the release of ha~rdous
materials into ~e environmen~
F:~Depts~PLANNING~CEQA~451PA99 IES.doc
7
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles or a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area? (1)
For a project within the vicinity of a pdvate airstrip, would
the project result in a safety hazard for people residing or
working in the project area?(1)
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
Expose people or structures to a significant dsk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
NA
NA
,f
Comments:
The proposed amendment, a mapping error correction to the General Plan Land Use Map will not cr
a public hazard or result in a the discharge of hazardous material. The project is not located in a Io~
that would block or interfere with an emergency response plan. As a result, no significant impacts have
been identified.
9.e,f The project is not located within the Airport Influence Area of the French Valley Airport, the dosest airport
to the project site. Therefore, no significant impacts are possible.
9,g,h
The site is also not expected to be affected by wildland fires. The site is located in an urban area. and
Interstate 15 is between this site and the closest wildland fire area. As a result, no significant impacts have
been identified.
10. NOISE. Would the project result in:
Exposure of people to severe noise levels in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
(1,2)
Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels? (1,2)
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project? (1,2)
Po~enlially.. Si~li~centU~klss. LeesThan: .
,/
F:~Depts~PLANNING~CEQA~451 PA99 IES.~toc
8
A substantial temporary or pedodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?. (1,2)
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
project area to excessive noise levels?
NA
NA
Comments:
10.
The project, a General Plan Land Use Map mapping error will not result in any noise impacts. Any future
development on the site will consider these factors pdor to any approval. The project is not located within
the Airport influence Area of the French Valley Airport, the closest airport to the project site. As a result,
no significant impacts have been identified.
11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or
altered Government services in any of the following areas:
~ :: ! : :~ ;::i: !: ;:: L~ ::; ::: ~: L~i isignr.~a~Z: :Mli~=~;:;~!~ ZZiSigh~'~nl:.~Z !Zi!Z~i~
: !: :~: .... ~::;!!~i~S.,p~ti~gnfommtk;~r~::::: :~::! ::;: ~;;: :;:~:~::~;~ ~; ~::;~a~:;;;:;:;~:;;~
a. Would the project result in substantial adverse physi~l /
impa~s associates wi~ ~e provisions of new or physi~lly
altered governmental bcilities, need for new or physi~lly
altered govemmen~l bcilities, the const~ction of ~ich
could ~use signifi~nt environmental impa~s, in o~er to
maintain accep~ble se~i~ ratios, ms~nse times or o~er
peffo~an~ obje~ives for any of ~e public se~i~s? (1,2)
b. Fire protection? ~
c. Poli~ protection? ~
d. Schools? /
e. Pa~s? l
f. Other public fa~lities? I
Comments:
11
The project, a General Plan Land Use Map mapping error will not result in any impacts to public services.
Any future development on the site will consider these factors prior to any approval. As a result, no impacts
have been identified.
12. UTILITIES AND SERVICE SYSTEMS: Would the project:
$ut~x~inglllfOm~anSaurae~: tinpad
a. ~ceed wastewater treatment requirements of the
appli~ble Regional Water Quali~ Control Board?
b. Require or result in ~e ~nst~ion of new water or
wastewater treatment facilities or expansion of existing
facilities, the ~nstmction of ~ich could ~use signifi~nt
F:%Depts%P LANN ING\CEQAV(51PAgg IES,doc
b. Cause a substantial adverse change in the significance of ,,/
an archaeological resource pursuant to Section 1506.57
;. Directly or indirectly destroy a unique paleontological ,/
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred ,/
outside of formal cemeteries?
Comments:
14.
The project, a General Plan Land Use Map mapping error will not result in any impacts to cultural
resources. Any future development on the site will consider these factors pdor to any approval. As a
result, no impacts have been identified.
15. RECREATION. Would the project:
::~mdS~ing:i~0~oui'~: i:~ : ~:: ;: ::: i:~:lmpact: :i: incorporated Impact: imped
a. Would the project increase the use of existin9
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b. Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
,omments:
15.
The project, a General Plan Land Use Map mapping error will not result in any impacts to recreational
facilities. Any future development on the site will consider these factors pdor to any approval. As a result,
no impacts have been identified.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
F:~Depts~PLANNING\CEQA~51PA99 IES.doc
~: Polenti"!ly i~ :SiftillcsntUnlef& : Lee~Tl~n!!!i :!:!~;~!::!:
Does the project have the potential to degrade the quality ,/'
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number of restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major pedods of California
history or prehistory?
Does the project have impacts that are individually limited, ,/'
but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects?
Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Comments:
16.
The project, a General Plan Land Use Map mapping error will not effect the environment or other important
statewide resources.
17. EARLIER ANALYSES.
Eadier analyses may be used where, pursuant to the tiedng, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an eadier EIR or negative declaration. Section 15063(c)(3)(D).
In this case a discussion should identify the following on attached sheets.
Eadier analyses used. Identify eadier analyses and state where they are available for review.
Impacts adequately addressed. Identify which affects from the above check list were within the scope
of and adequately analyzed in an eadier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated."
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which they address site-specific conditions for the project.
17.
This project, a General Plan Land Use Map mapping error, does not effect the previous analysis undertaken
for the Rancho Highlands Specific Plan and the City General Plan. This proposal is consistent with both
documents because the City General Plan was developed to incorporate the approved Specific Plan. In
addition, the City zoning map indicates that the project area is zoned Specific Plan. As a result,
proposal is consistent with all previous analyses.
SOURCES
2.
3.
4.
City of Temecula General Plan.
City of Temecula General Plan Final Environmental Impact Report.
Rancho Highlands Spec, jfic Plan and EIR,
FEMA Flood Map: Map No. 060742 0005 B.
F:'Z)epts%PLANNING\CEQA~451PA99 IES.doc
12
ITEM 16
TO:
FROM:
DATE:
SUBJECT:
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Deputy City Manager
December 14, 1999
Planning Application No. PA99-0266 (Minor Conditional Use Permit - Appeal) Ollie
House Indoor Skateboard Park, Located Within an Existing Building at 43300
Business Park Drive
Prepared by: John De Gange, Project Planner
RECOMMENDATION: The Planning Commission recommends that the City Council:
1. DENY the appeal and uphold the approval by the Planning Commission of Planning
Application No. PA99-0266 (Minor Conditional Use Permit); and
2. ADOPT a resolution entitled:
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING
THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO
APPROVE PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL
USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK
WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN
EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND
KNOWN AS ASSESSOR'S PARCEL NO. 921-020-055 BASED UPON THE
ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO
THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY
CLERK
BACKGROUND: This application was initially received on July 8, 1999 and a Development Review
Committee (DRC) meeting was held on August 5, 1999. The project went to Planning Director's
hearing on October 14, 1999. Concerns regarding land use compatibility were raised by
representatives from International Recti~er, the Rancho California Business Park Association and
other business owners in the vicinity at the October 14th Director's Hearing. As a consequence,
the item was referred to the Planning Commission. After considering lengthy testimony both in
F:\DEPTS\PLANNING\STAFFRPT\266pa99 .Appeal .CC.doc
opposition and support of the project the Planning Commission approved Planning Application No,
PA99-0266 (Minor Conditional Use Permit) at the November 3rd Planning Commission meeting by
a 3-1 vote (Commissioner Fahey dissenting and Chairman Guerriero absent). On November 17,
1999 the City received an application from International Rectifier for an appeal of the Planning
Commission's decision to approve Planning Application PA99-0266.
PROJECT DESCRIPTION: The project is a request for a Minor Conditional Use Permit (CUP) to
allow the operation of an indoor skateboard park within a 21,346 square foot unit located within an
existing building at 43300 Business Park Drive. The proposed hours of operation for the project are
Monday through Thursday from 2:00 PM to 9:00 PM, Friday 12:00 PM to 11:00 PM, Saturday from
9:00 AM to 11:00 PM, and Sunday from 10:00 AM to 9:00 PM. The number of employees needed
for the operation ranges from 4 to 8. The anticipated number of parking spaces needed for this use
is 26 spaces that can adequately be accommodated by the 227 spaces that are available in the
center.
DISCUSSION: The project site is located within a light industrial area with existing industrial uses
currently in operation. The zoning for the area allows a variety of manufacturing and warehousing
activities as permitted uses. In the past, two other similar uses within the vicinity of this project, a
church and a day care, were approved by the City with separate CUP applications (day care uses,
however, are no longer permitted in the Light Industrial (LI) zone).
The site where the use is being proposed is located across Business Park Drive from International
Rectifier (HEXFET) which transports, stores and utilizes hazardous chemicals as part of its
operations. Throughout the process, including at the Planning Director's Hearing and at the
Planning Commission meeting, concerns relative to land use compatibility have been expressed
by representatives of International Rectifier, the Rancho California Business Park Association and
other neighboring business in the vicinity.
International Recti~er approached staff prior to the Planning Director's hearing with a series of
concerns. These concerns were revisited at the Director's Hearing and at the Planning Commission
and can be outlined as follows: 1 ) concerns with respect to safety in the event of a natural disaster,
or an accident involving trucks transporting hazardous chemicals to and/or from their building; 2)
concerns that the presence of this use would jeopardize their ability to expand due to scrutiny from
regulating agencies (such as the South Coast Air Quality Management District [SCAQMD]); and 3)
concerns of traffic hazards generated by incompatible uses and the different traffic patterns
associated with the two different uses.
The Rancho California Business Park Association has indicated that their board denied the
applicant's request for this use at this location. This denial was based on a variety of concerns
stemming from what they felt were land use incompatibility issues. Their land use incompatibility
issues are based on a feeling that this use poses an unacceptable liability risk because it will attract
a large number of children within an existing industrial area. They also expressed a concern that
a recreational use such as a skateboard park would have a 'chilling" effect on the properties in the
vicinity which would detract from the existing use's ability to operate or expand, or the business
park's ability to attract new quality industrial uses.
As mentioned above, the Planning Commission approved the project by a 3-1 vote. Commissioner
Fahey indicated that she did not feel that this use was appropriate within a Light Industrial area,
however, the general consensus from Commissioner's Naggar, Mathewson and Webster was that
they were not convinced that this project would impact traffic, cause an unsafe interface with
children and industrial truck traffic, or have an adverse effect on surrounding businesses. In
addition, the consensus of the three Commissioners was that insufficient evidence was presented
F:\DEIYrS\PLANN1NG\STAFFRPTX266pa99.Appeal .CC.doc
2
to substantiate the claim that the safety risk posed by the International Recti~er on this proposed
use was a unique situation. It was stated that this risk currently exists for the existing and future
uses in the area of influence of that operation.
ANALYSIS OF THE APPEAL:
The appeal submitted by International Recti~er requests that the City Council void the decision of
the Planning Commission to approve Planning Application No. PA99-0266 or postpone the making
a decision to approve or deny the CUP application until, in their opinion, the City complies with the
provisions within CEQA. International Rectifier's appeal is based on three points. These points are
listed below:
1) The Planning Commission wrongly approved the application for a CUP for a project that is
inconsistent with zoning regulations.
tt was determined by staff that the use proposed by the applicant fell under those uses which
require a Conditional Use Permit pursuant to the Development Code. The project was reviewed
under the guidelines within the Development Code for a conditionally approved uses. Staffs
findings were presented to the Planning Commission at the November 3, 1999 meeting. The
Planning Commission reviewed staffs findings, considered the testimony presented at the Planning
Commission meeting and approved the project based on the findings within staffs report.
2) The Planning Commission wrongfully approved the application for the CUP without making the
necessary findings required by the Temecula Municipal Code in that there is no substantial
evidence in the record establishing that the proposed use is compatible with adjacent uses and
will not adversely affect the adjacent uses and there is substantial evidence in the record that
the proposed use is not compatible with the adjacent uses and will adversely affect the adjacent
uses.
The Planning Commission reviewed the findings and analysis contained in staffs report, and
carefully considered the testimony presented at the Planning Commission meeting. With all the
information presented them, the Planning Commission determined that the use was compatible with
existing uses within this zoning district and within the vicinity of the project. On this basis the
appropriate findings were made and the project was approved.
3) The Planning Commission wrongly determined that approval of a CUP for the proposed use was
exempt from review under CEQA.
This project was reviewed under the criteria established within the California Environmental Quality
Act (CEQA) Guidelines. It was determined by staff that though application is considered a project
under Section 15601of CEQA, it meets all the criteria within Section 15301to be categorically
exempt because this application represents a minor alteration of an existing facility involving a
negligible expansion of the use beyond that previously existing. The Planning Commission
reviewed staffs findings and considered the testimony presented at the Planning Commission and
with the approval of the project determined that the project is a categorical exemption pursuant to
Section 15301, and that the application of that exemption is not barred by one of the exceptions set
forth in Section 15300.2
F:',DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
3
FISCAL IMPACT:
This project will have no tangible fiscal impacts on the City.
ENVIRONMENTAL DETERMINATION:
It is anticipated that an additional Notice of Exemption (NOE) will be filed for Planning Application
No. PA99-0266 pursuant to the California Environmental Quality Act Guidelines, Section 15601 and
15301 (a NOE was filed when the project was originally approved by the Planning Commission, but
because the project is being appealed, new documentation will need to be filed if the City Council
approves this project). It has been found that the project qualifies as a categorical exemption
pursuant to Section 15301, and that the application of that exemption is not barred by one of the
exceptions set forth in Section 15300.2.
Section 15301 Class 1 (b) applies to Existing Facilities. This project falls within this category
because it is a minor alteration of an existing facility, which involves a negligible expansion of the
use beyond that previously existing. The proposed project meets all the criteda under this category,
and therefore the project is eligible for a CEQA exemption pursuant to Sections 15061 and 15301
of the CEQA Guidelines.
FINDINGS
The proposed conditional use is consistent with the General Plan and the Development
Code. The project has been reviewed for consistency with these documents and Staff has
determined that the project as conditioned is consistent with the goals and policies
contained within the General Plan and the development standards contained in the
Development Code.
The proposed conditional use as conditioned can be considered compatible with the nature,
condition, and development of adjacent uses, buildings, and structures and the proposed
use will not adversely affect the adjacent uses, buildings, or structures, because there a
similar uses within the vicinity (a church and day care) and because the proposed hours of
operations do not conflict with the hours of operations for the light industrial uses in the area.
The use is proposed to be located in a portion of an existing at 43300 Business Park Ddve.
The proposed project is located within an area of existing industrial uses which also includes
a church.
The site for the proposed conditional use is adequate in size and shape to accommodate
the project. Staff has reviewed the project and has determined that the project is consistent
with the standards of the Development Code.
The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community. The project as conditioned is consistent with the goals
and policies contained within the General Plan and the development standards contained
in the Development Code. These documents were adopted by the City Council to assure
that projects are is not detrimental to the health, safety and general welfare of the
community. Compliance with these documents will assure this is achieved.
F:\DEPTS\PLANNlNG\STAFFRFr\266pa99.AppeaI.CC.doc
4
Attachments:
3.
4.
5.
6.
7.
City Council Resolution No. 99- approving Planning Application No. PA99-0266 (Minor
Conditional Use Permit) - Page 6
Exhibit A- Conditions of Approval - Page 10
Planning Commission Staff Report from the November 3, 1999 Meeting - Page 16
Minutes From the November 3, 1999 Planning Commission Meeting - Page 17
Staff Report and Minutes from the October 14, Directors Hearing - Page 18
Information Packet Submitted by International Recti~er as Part of their Appeal - Page 19
Letters Received Regarding Project- Page 20
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC
A"R'ACHMENT NO. I
CITY COUNCIL RESOLUTION NO. 99-
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DECISION TO APPROVE PLANNING
APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE
PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD
PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A
BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED
AT 43300 BUSINESS PARK DRIVE AND KNOWN AS
ASSESSOR'S PARCEL NO. 921-020-055 BASED UPON THE
ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT
SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE
OFFICE OF THE CITY CLERK
WHEREAS, the Ollie House Inc., filed Planning Application No. PA99-0266 (Minor
Conditional Use Permit) which is in accordance with the City of Temecuia General Plan and
Development Code;
WHEREAS, Planning Application No. PA99-0266 (Minor Conditional Use Permit) was
processed including, but not limited to public notice, in the time and manner prescribed by State and
local law;
WHEREAS, the Planning Commission approved Planning Application No. PA99-0266
(Minor Conditional Use Permit) on November 3, 1999 at a duly noticed public hearing as prescribed
by law, at which time the City staff and interested ~ersons had an opportunity to, and did, testify
either in support or opposition to this matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration of
the testimony, the Commission approved Planning Application No. PA99-0266 (Minor Conditional
Use Permit);
WHEREAS, the City Council conducted a public hearing pertaining to Planning Application
No. PA99-0266 on December 14, 1999, at which time interested persons had opportunity to, and
did testify either in support or opposition to Planning Application No. PA99-0266;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA99-0266;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. That the City of Temecula City Council, in approving Planning
Application No. PA99-0266 (Minor Conditional Use Permit), hereby makes the following findings as
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
7
required in Chapter 17.04:
A. The proposed conditional use is consistent with the General Plan and the
Development Code. The project has been reviewed for consistency with these documents and Staff
has determined that the project as conditioned is consistent with the goals and policies contained
within the General Plan and the development standards contained in the Development Code.
B. The proposed conditional use as conditioned can be considered compatible with the
nature, condition, and development of adjacent uses, buildings, and structures and the proposed
use will not adversely affect the adjacent uses, buildings, or structures, because there a similar uses
within the vicinity (a church and day care) and because the proposed hours of operations do not
conflict with the hours of operations for the light industrial uses in the area. The use is proposed
to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is
located within an area of existing industrial uses which also includes a church.
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the project. Staff has reviewed the project and has determined that the project is
consistent with the standards of the Development Code.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community. The project as conditioned is consistent with the goals and
policies contained within the General Plan and the development standards contained in the
Development Code. These documents were adopted by the City Council to assure that projects
are not detrimental to the health, safety and general welfare of the community. Compliance with
these documents will assure this is achieved.
Section 3. Environmental Compliance. The project qualifies under the California
Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing
Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible
expansion of use beyond that previously existing.
Section 4. Conditions. That the City of Temecula City Council hereby conditionally
approves Planning Application No. PA99-0266 (Minor Conditional Use Permit) to allow the operation
an indoor skateboard park within a 21,346 square foot portion of a building within an existing
business park.
Section 5. The City Clerk shall certify the adoption of this Resolution.
Section 6. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula this fourteenth day of December, 1999.
Jeff Stone, Mayor
ATTEST:
F: \DEPTS\PLANNING\STAFFRPT\266pa99 .Appeal. CC .dec
8
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA)
I, Susan W. Jones, City CLerk of the City of Temecuta, California, do hereby certify that Resolution
No. 99-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular
meeting thereof held on the fourteenth day of December, 1999, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
CityClerk
F:\DEPTS\PLANNING\STAFFRPTX266pa99.AppeaI.CC.doc
9
EXHIBIT A
CONDITIONS OF APPROVAL
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA99-0266 (Minor Conditional Use Permit)
Project Description:
Development Impact Fee:
Assessor's Parcel No.:
Approval Date:
Expiration Date:
A Conditional Use Permit to permit the operation of an
indoor skateboard park.
None
921-020-055
November 17, 1999
November 17, 2001
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 Seventy-Eight Dollars
($78.00) County administrative fee, to enable the City to file the Notice of Exemption
required under Public Resources Code Section 21108(b) 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 developedapplicant shall indemnify, protect, defend, and hold harmless, the City and
any agency or instrumentality thereof, and/or any of its officers, employees and agents from
any and all claims, actions, or proceedings against the City, or any agency or instrumentality
thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or
seek monetary damages resulting from an approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning Planning Application No. PA99-0266 (Minor
Conditional Use Permit). 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
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 the
approval.
The conversion of use shall conform substantially with Exhibit "A" (Site Plan) and Exhibit "B"
(Floor Plan) approved with Planning Application No. PA99-0266, or as amended by these
conditions. However, any improvements noted as future tenant Improvements on these
plans are for information only and are not part of the Minor CUP at this time.
5. Noise levels generated by the project shall not exceed the standards set forth in the Noise
F:\DEPTS\PLANNING\STAFFRPT\266pa99.Appeal. CC.doC
Element of the General Plan or the environmental performance standards of the
Development Code.
Prior to issuance of a certificate of occupancy, a security plan shall be prepared and
submitted to the Police Department for review and approval. Said plan shall include, but not
be limited to staffing, security rules and regulations, operating policies, emergency protocols
and twenty-four hour contact personnel.
The project shall comply with Conditions of Approval of all underlying maps,
development plans or Conditional Use Permits that may apply to the project site.
DEPARTMENT OF PUBLIC WORKS - The Department has no conditions of approval for this case.
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, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are
in force at the time of building plan submittal.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix Ill.A, Table A-Ill-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a
total fire flow of 2350 GPM with a 2 hour duration. 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. The Fire Flow as given
above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A)
10.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
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 1/2" outlets) shall be located on Fire Department access roads and adjacent
public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than
250 feet from any point on the street or Fire Department access road(s) frontage to a
hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the
system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and
Appendix Ill-B)
11.
As required by the California Fire Code, when any portion of the building(s) is in excess of
150 feet from a water supply on a public street, on site fire hydrants are required. For this
project on site fire hydrants are required. (CFC 903.2)
12.
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. (CFC 902.2.2.1)
13.
14.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
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). (CFC 901.4.4)
F:\DEPTS\PLANN1NG\STAFFRPT\266pa99.AppeaI.CC.doc
12
15,
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.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (CFC Article 10, CBC Chapter 9)
16.
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 Laborator,/listed central station. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10)
17.
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm
system. (CFC 902,4)
18.
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. (CFC 902.4)
DEPARTMENT OF BUILDING AND SAFETY -
19.
Comply with applicable provisions of the 1998 edition of the California Building, Plumbing
and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title
24 Energy and Disabled Access Regulations and the Temecula Municipal Code.
20.
A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
21.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
22. The Occupancy classification of the proposed buildings shall be B/A-2.1.
23.
Provide Occupancy approvals for all existing buildings (i.e. finale building permits or
Certificate of Occupancy)
24.
All building and facilities must comply with applicable disabled access regulations, Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
25. Provide van accessible parking located as close as possible to the main entry.
26. Show path of accessibility from parking to furthest point of improvement.
27.
Restroom fixtures, number and type, to be in accordance with the provisions of the 1998
edition of the California Building Code.
28. Provide an approved automatic fire sprinkler system.
29.
Provide appropriate stamp of a registered professional with original signature on plans
submitted for plan review.
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
30. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
31.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
32,
Trash enclosures, patio covers, light standard and any block walls if not on the approved
building plans, will require separate approvals and permits.
TEMECULAPOLICE DEPARTMENT
33.
Applicant shall ensure all landscaping surrounding the building are maintained at a height
no greater than thirty-six (36) inches,
34.
Applicant shall ensure all trees on the property are maintained away from the building so as
to deter roof accessibility for suspect(s).
35.
Additionally, plants, shrubbery and trees will be maintained in areas not designated for foot
traffic. These areas will maintained so as to have clear visibility by patrons and prevent
concealment by suspect(s) to hide themselves both day/night time hours.
36,
Light fixtures shall be installed to illuminate all parking areas, driveways, and pedestrian
walkways. these areas shall be lit with a minimum maintained one (1) foot candle of light
at ground level, evenly dispersed across the surface, eliminating all shadows. All exterior
light fixtures shall be vandal resistant and positioned so as not to produce glare. the
installation of all exterior lighting shall be in compliance with the Mt. Palomar Lighting
Ordinance.
37.
Vandal resistant light fixtures shall be installed above all exterior doors and loading dock
areas around the building. These light fixtures shall illuminate the doors surface with a
minimum maintained one (1) foot candle of light at ground level, evenly dispersed. All lights
shall be in compliance with the Mt. Palomar Lighting Ordinance.
38.
All exterior lighting shall be controlled by timers or other means that prevent the lights from
being turned off by unauthorized persons.
39.
Upon completion of the re-modification of the building, a monitored alarm system shall be
installed to deter unauthorized entry/burglary and to notify the Police Department of
unauthorized intrusion.
40.
All doors, windows locking mechanisms, hinges, and other miscellaneous hardware shall
be of commercial or institutional grade.
41.
All exterior public pay telephones for this facility shall be placed in a well-lighted, highly
visible area, and installed with a "Call-Out Only" feature to deter loitering.
42.
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.
43. All roof hatches shall be painted "International Orange."
44.
Provide building address on roof, 48" high numerals, 9" wide strokes, traffic paint, color to
contrast with roof surface orientation as shown parallel to and facing primary street.
F\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
45.
In accordance with City Ordinance 97-07, the sale. use or possession of any type of
alcoholic beverage is prohibited unless a special permit is issued by the Alcoholic Beverage
Control (ABC).
OTHER AGENCIES
46.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated July 20, 1999, a copy of which is attached.
47.
The applicant shall comply with the recommendations outlined in the Riverside County
Department of Environmental Health transmittal dated July 26, 1999, a copy of which is
attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
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 Community Development Department approval.
Applicant's Signature
Date
F:\DEPTS\PLANNING\STAFFRPT~66pa99.App~aLCC.doc
15
ATTACHMENT NO. 3
Planning Commission Staff Report (Nov. 3, 1999)
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Ot?IGINAL
November 3, 1999
Planning Application No. PA99-0266 (Minor Conditional Use Permit)
Prepared By: John De Gange, Project Planner
RECOMMENDATION:
The Community Development Department - Planning Division
Staff recommends the Planning Commission:
ADOPT a Notice of Exemption for Planning Application No.
PA99-0266;
ADOPT Resolution No. 99- approving Planning
Application No. PA99-0266 (Minor Conditional Use Permit)
based upon the analysis and the Findings contained within
the staff report and subject to the attached Conditions of
Approval; or
ADOPT Resolution No. 99- denying Planning
Application No. PA99-0266 (Minor Conditional Use Permit)
based upon the analysis and the Findings contained within
the staff report
APPLICATION INFORMATION
APPLICANT: OIlie House Inc. (Rohn Korman)
PROPOSAL: To operate an indoor skateboard park in a 21,346 square foot
portion of a building within an existing business park.
43300 Business Park Drive
BP Business Park (subject and surrounding)
LI Light Industrial (subject and surrounding)
LOCATION:
GENERAL PLAN:
ZONING:
LAND USE:
Subject:
North:
South:
East:
West:
Industrial Building Complex
Industrial Building Complex
International Rectifier
City Hall
Industrial Building Complex
\\TEMEC_FSI01\VOLI\DEPTS\PLANNING\STAFFRPT~.66pa99.pc.doc
BACKGROUND
An application was received on July 8, 1999 with a Design Review Committee (DRC) meeting
held on August 5, 1999. At the DRC meeting the Building and Fire Departments expressed
some concerns relative to the construction of the skateboard ramps and how they would comply
with Fire and Building codes and the anticipated occupancy loads associated with the use.
Once these issues were resolved, the project was scheduled for a Director's Hearing on
October 14, 1999. At the October 14th Director's Hearing, representatives from International
Rectifler, the Rancho California Business Park Association and an individual building owner
within the business park raised concerns with respect to the compatibility of this use with
existing and permitted uses within the vicinity of this project. As a consequence of the concerns
raised by these parties, the action taken at the Director's Hearing was that the item was to be
referred to the Planning Commission, pursuant to Section 17.03 of the Development Code. A
copy of the staff report, proposed Conditions of Approval and the minutes from the October 14th
Director's Hearing are attached for your review.
PROJECT DESCRIPTION
This project is a request for approval of a Minor Conditional Use Permit to permit the operation
of an indoor skateboard park. The applicant proposes to construct an indoor skateboarding
facility in an 21,346 square foot unit located within an existing building at 43300 Business Park
Drive.
The proposed hours of operation for the project are Monday through Thursday from 2:00 PM to
9:00 PM, Friday 12:00 PM to 11:00 PM, Saturday from 9:00 AM to 11:00 PM, and Sunday from
10:00 AM to 9:00 PM. The number of employees needed for the operation ranges from 4 to 8.
The anticipated number of parking spaces needed for this use is 26 spaces. The center which
this proposed use is located within has 227 spaces.
ANALYSIS
The center in which this project is being proposed would appear to have ample parking for this
use with 26 spaces required and 227 being provided. In addition, the hours of operation and the
anticipated peak hours for the use generally would not conflict with other uses currently in the
vicinity.
Land Use Compatibility Issues
The project site is located within a light industrial area with existing industrial uses currently in
operation. The zoning for the area allows a variety of manufacturing and warehousing activities
as permitted uses. Because this project deviates from the anticipated uses within this zone a
conditional use permit is required for this use.
The project site is across Business Park Ddve from International Recti~er (HEXFET) which
transports, stores and utilizes hazardous chemicals as part of its operations. Staff met with
representatives from International Rectifier just prior to the October 14th Director's Hearing. At
this meeting and at the headng, their representatives expressed concerns with the compatibility
of the two uses and urged the City to deny this request. They outlined their concerns as: 1 )
safety concerns in the event of a natural disaster, or an accident involving trucks transporting
hazardous chemicals to and/or from their building; 2) concerns that the presence of this use
would jeopardize their ability to expand due to scrutiny from regulating agencies; 3) concerns of
\\TEMEC_FSI01\VOLI\DEPTS\PLANNINGL~TAFFP2T,266pagg.pc.dOC 2
traffic hazards generated by incompatible uses and the different traffic pattems associated with
the two different uses. A copy of their correspondence is being provided for your consideration.
Concerns were also raised by the Rancho California Business Park Association. The
Association also met with staff prior to the Director's Hearing. The Association indicated that
their board had already denied this applicant's application for Association approval. This denial
was based on a variety of concerns stemming from what they felt were land use incompatibility
issues which included unacceptable liability risks associated with having a use which attracts a
large number of children within an existing industrial area, and the effect that a recreational use
such as a skateboard park would have on properties' in the area ability to operate or expand
existing uses, and/or attract new quality industrial uses. Staff explained to the association that
CC & R's regulating uses were a private matter and could not be used by staff to either support
or deny this project.
The applicant and other proponents of the project have responded to these concerns by
pointing out that currently there are existing uses within the vicinity of the project which should
pose the same or similar concerns to International Rectifier and the Association. In the past,
two other similar uses within the vicinity of this project, a church and a day care, were approved
by the City with separate CUP applications (day care uses, however, are no longer permitted in
the Light Industrial (LI) zone). In addition, the property which the project is being proposed
adjoins the rear of the parcel in which City Hall is located. In addition, the applicant pointed out
that the building size requirements and the parking demands for this use dictates that this
project should be located within an industrial area where large buildings are available, rents are
low and sufficient parking is provided.
ENVIRONMENTAL
The project qualifies under CEQA for a Categorical Exemption under Section 15301 Existing
Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible
expansion of use beyond that previously existing.
SUMMARY/CONCLUSIONS
Significant issues have been raised relative to the compatibility of this use with the uses that
exist or that will ultimately be permitted i,~ the vicinity of the proposed project. As a
consequence, staff has referred this item to the Planning Commission for determination. It is
recommended that the Planning Commission consider the testimony provided by both the
proponents and opponents of this application and evaluate the analysis contained within this
report. Findings for both approval and denial are being provided. In addition, if the Planning
Commission decides to approve the project, proposed Conditions of Approval are attached.
FINDINGS (for Approval)
The proposed conditional use is consistent with the General Plan and the Development
Code. The project has been reviewed for consistency with these documents and Staff
has determined that the project as conditioned is consistent with the goals and policies
contained within the General Plan and the development standards contained in the
Development Code.
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3
The proposed conditional use as conditioned can be considered compatible with the
nature, condition, and development of adjacent uses, buildings, and structures and the
proposed use will not adversely affect the adjacent uses, buildings, or structures,
because there a similar uses within the vicinity (a church and day care) and because the
proposed hours of operations do not conflict with the hours of operations for the light
industrial uses in the area. The use is proposed to be located in a portion of an existing
at 43300 Business Park Drive. The proposed project is located within an area of existing
industrial uses which also includes a church.
The site for the proposed conditional use is adequate in size and shape to accommodate
the project. Staff has reviewed the project and has determined that the project is
consistent with the standards of the Development Code.
The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community. The project as conditioned is consistent with the
goals and policies contained within the General Plan and the development standards
contained in the Development Code. These documents were adopted by the City
Council to assure that projects are is not detrimental to the health, safety and general
welfare of the community. Compliance with these documents will assure this is
achieved.
FINDINGS (for Denial)
The proposed conditional use is not entirely consistent with the General Plan and the
Development Code. The project has been rewewed for consistency with these
documents and Staff has determined that the project is not entirely consistent with the
goals and policies contained within the General Plan and the development standards
contained in the Development Code.
The proposed conditional use is not considered to be compatible with the nature,
condition, and development of adjacent uses, buildings, and structures and the proposed
use could be adversely affected by the adjacent uses, buildings, or structures. The use
is proposed to be located in a portion of an existing at 43300 Business Park Drive. The
proposed project is located within an area of existing industrial uses, some of which
utilized and transport hazardous chemicals.
The site for the proposed conditional use is adequate in size and .~hape to accommodate
the project. Staff has reviewed the project and has determin.~d that the project is
consistent with the standards of the Development Code with respect to the
characteristics of the building and the lot it is located on.
The nature of the proposed conditional use could potentially expose people to uses
within the vicinity of this project that could be detrimental to their health, safety and
general welfare. The project is not entirely consistent with the goals and policies
contained within the General Plan and the development standards contained in the
Development Code. These documents were adopted by the City Council to assure that
projects are is not detrimental to the health, safety and general welfare of the
community. This project potentially would not be able to comply with these documents.
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4
A'R'ACHMENTS:
2.
3.
4.
5.
6.
7.
PC Resolution (for approval) 99- - Blue Page 6
PC Resolution (for denial) 99- - Blue Page 9
Exhibit A Conditions of Approval - Blue Page 12
Staff Report for the October 14, 1999 Director's Hearing - Blue Page 18
Minutes from the October 14, 1999 Directors Hearing - Blue Page 19
Correspondence (letters of opposition) - Blue Page 20
Exhibits - Blue Page 21
A. Vicinity Map
B. General Plan Map
C. Zoning Map
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5
A'I'I'ACHMENT NO. 1
PC RESOLUTION NO. 99-
/\TEMEC_FSI01\VOLI\DEpTS~PLANNING~STAFFP, YT~.66pa99.pc.doc
6
PC RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A
REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK
WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING
WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300
BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S
PARCEL NO. 921-020-055
WHEREAS, the Ollie House Inc.. filed Planning Application No. PA99-0266 (Minor
Conditional Use Permit) which is in accordance with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. PA99-0266 (Minor Conditional Use Permit) was
processed including, but not limited to public notice, in the time and manner prescribed by State
and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA99-0266
(Minor Conditional Use Permit) on November 3, 1999 at a duly noticed public headng as
prescribed by law, at which time the City staff and interested persons had an opportunity to, and
did, testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission approved Planning Application No. PA99-0266 (Minor
Conditional Use Permit);
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 and are hereby
incorporated by reference.
Section 2. Findinqs. That the Temecula Planning Commission, in approving
Planning Application No. PA9c~-0266 (Minor Conditional Use Permit), hereby makes the
following findings as required in Ci~apter 17.04:
A. The proposed conditional use is consistent with the General Plan and the
Development Code. The project has been reviewed for consistency with these documents and
Staff has determined that the project as conditioned is consistent with the goals and policies
contained within the General Plan and the development standards contained in the
Development Code.
B. The proposed conditional use as conditioned can be considered compatible with
the nature, condition, and development of adjacent uses, buildings, and structures and the
proposed use will not adversely affect the adjacent uses, buildings, or structures, because there
a similar uses within the vicinity (a church and day care) and because the proposed hours of
operations do not conflict with the hours of operations for the light industrial uses in the area.
The use is proposed to be located in a portion of an existing at 43300 Business Park Drive. The
proposed project is located within an area of existing industrial uses which also includes a
church.
\\TEMEC_FSI01\VOLI\DEPTS\PLANNING~STAFFKPTx266pa99.pc.doc 7
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the project. Staff has reviewed the project and has determined that the project is
consistent with the standards of the Development Code.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community. The project as conditioned is consistent with the goals
and policies contained within the General Plan and the development standards contained in the
Development Code. These documents were adopted by the City Council to assure that projects
are not detrimental to the health, safety and general welfare of the community. Compliance with
these documents will assure this is achieved.
Section 3. Environmental Compliance. The project qualifies under the California
Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing
Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible
expansion of use beyond that previously existing.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA99-0266 (Minor Conditional Use Permit) to
allow the operation an indoor skateboard park within a 21,346 square foot portion of a building
within an existing business park.
PASSED, APPROVED AND ADOPTED this 3rd day of November, 1999.
Ron Guerriero, Chairperson
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, 1999 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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8
ATTACHMENT NO. 2
PC RESOLUTION NO. 99-
\\TEMEC_FSI01\VOLI\DEPTS\PLANNING~STAFFRPT~7.66pa99.pc.doc
9
PC RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING PLANNING APPLICATION NO.
PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST
TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A
21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN
EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS
PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO.
921-020-055
WHEREAS, the Ollie House Inc. filed Planning Application No, PA99-0266 (Minor
Conditional Use Permit) which is in accordance with the City of Temecuta General Plan and
Development Code;
WHEREAS, Planning Application No. PA99-0266 (Minor Conditional Use Permit) was
processed including, but not limited to public notice, in the time and manner prescribed by State
and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA99-0266
(Minor Conditional Use Permit) on November 3, 1999 at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an oppodunity to, and
did, testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission denied Planning Application No. PA99-0266 (Minor
Conditional Use Permit);
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 and are hereby
incorporated by reference.
Section 2. Findings. That the Temecula Planning Commission, in denying Planning
Application No, PA99-0266 (Minor Conditional Use P3rmit), hereby makes the following findings
as required in Chapter 17.04:
A. The proposed conditional use is not entirely consistent with the General Plan and
the Development Code. The project has been reviewed for consistency with these documents
and Staff has determined that the project is not entirely consistent with the goals and policies
contained within the General Plan and the development standards contained in the
Development Code.
B. The proposed conditional use is not considered to be compatible with the nature,
condition, and development of adjacent uses, buildings, and structures and the proposed use
could be adversely affected by the adjacent uses, buildings, or structures. The use is proposed
to be located in a portion of an existing at 43300 Business Park Drive. The proposed project is
located within an area of existing industrial uses, some of which utilized and transport
hazardous chemicals.
\\TEMEC_FS101\VOLI\DEPTS~PLANNINGXSTAFFRPTx266pa99.pc.doC
10
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the project. Staff has reviewed the project and has determined that the project is
consistent with the standards of the Development Code with respect to the characteristics of the
building and the lot it is located on.
D. The nature of the proposed conditional use could potentially expose people to
uses within the vicinity of this project that could be detrimental to their health, safety and general
welfare. The project is not entirely consistent with the goals and policies contained within the
General Plan and the development standards contained in the Development Code. These
documents were adopted by the City Council to assure that projects are is not detrimental to the
health, safety and general welfare of the community. This project potentially would not be able
to comply with these documents.
Section 3. Environmental ComDliance. The project qualifies under the California
Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing
Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible
expansion of use beyond that previously existing.
PASSED, APPROVED AND ADOPTED this 3rd day of November, 1999,
Ron Guerriero, Chairperson
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, 1999 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
\\TEMEC_FSI01\VOLI\DEPTS\PLANNING~STAFFR~T~266pa99.pc.doc
I1
EXHIBIT A
CONDITIONS OF APPROVAL
\\TEM EC_FS 101 \VOL 1 \DEPTS\P LANNINGXSTAFFRP'[~266pa99.pc.doc
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA99-0266 (Minor Conditional Use Permit)
Project Description:
Development Impact Fee:
Assessor's Parcel No,
Approval Date:
Expiration Date:
A Conditional Use Permit to permit the operation of an
indoor skateboard park.
None
921-020-055
November 3, 1999
November 3, 2001
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 Seventy-Eight Dollars
($78.00) County administrative fee, to enable the City to file the Notice of Exemption
required under Public Resources Code Section 21108(b) 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 Planning Application No.
PA99-0266 (Minor Conditional Use Permit). City shall ~romptly 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
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 the
approval.
The conversion of use shall conform substantially with Exhibit "A" (Site Plan) and Exhibit
"B" (Floor Plan) approved with Planning Application No. PA99~0266, or as amended by
these conditions. However, any improvements noted as future tenant Improvements on
these plans are for information only and are not part of the Minor CUP at this time.
\\TEM EC~FS 101 \VO L 1 \DEPTS~PLA NN [NG~STAFFP, PT~.66pa99.pc.doc
13
Noise levels generated by the project shall not exceed the standards set forth in the
Noise Element of the General Plan or the environmental performance standards of the
Development Code.
Pdor to issuance of a certificate of occupancy, a security plan shall be prepared and
submitted to the Police Department for review and approval. Said plan shall include, but
not be limited to staffing, security rules and regulations, operating policies, emergency
protocols and twenty-four hour contact personnel.
The project shall comply with Conditions of Approval of all underlying maps,
development plans or Conditional Use Permits that may apply to the project site.
DEPARTMENT OF PUBLIC WORKS - The Department has no conditions of approval for this
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, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix Ill,A, Table A-Ill-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM
at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM
for a total fire flow of 2350 GPM with a 2 hour duration. 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, The Fire
Flow as given above has taken into account all information as provided. (CFC 903.2,
Appendix Ill-A)
10.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
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 1/2" outlets) shall be loCated on Fire Department access roads and
adjPcent public streets. Hydrants shall be spaced at 500 feet apart and shall be located
no more than 250 feet from any point on the street or Fire Department access road(s)
frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrede of existing fire hydrants may be required. (CFC
903.2, 903.4.2, and Appendix Ill-B)
11.
As required by the California Fire Code, when any portion of the building(s) is in excess
of 150 feet from a water supply on a public street, on site fire hydrants are required. For
this project on site fire hydrants are required. (CFC 903.2)
12.
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (2~- feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6)inc;~es. (CFC 902.2.2.1)
13.
Prior to issuance of a '3erti~Cate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
\\TEM EC_FS I 01 \VOL 1 \DEPTS\PLANN INGXSTAFFRPTX266pa99.pc.doc
14
14.
15.
16.
17.
18.
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). (CFC 901.4.4)
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. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (CFC Article 10, CBC Chapter 9)
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.
(CFC Article 10)
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the main entrance door. The Knox-Box shall be supervised
by the alarm system. (CFC 902.4)
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. (CFC 902.4)
DEPARTMENT OF BUILDING AND SAFETY -
19.
Comply with applicable provisions of the 1998 edition of the California Building,
Plumbing and Mechanical Codes; 1998 National Electrical Code; California
Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code.
20.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
21.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
22. The Occupancy classification of the proposed buildings shall be B/A-2.1.
23.
Provide Occupancy approvals for all existing buildings (i.e. finale building permits or
Certificate of Occupancy)
24.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1, 1998)
25. Provide van accessible parking located as close as possible to the main entry.
26. Show path of accessibility from parking to furthest point of improvement.
\\TEM EC_FS 101 \VO L l \DEPTS',PLANN INGXSTA FFRPTx2.66pa99.pc.doc 15
27.
Restroom fixtures, number and type, to be in accordance with the ~rovisions of the 1998
edition of the California Building Code.
28. Provide an approved automatic fire sprinkler system.
29.
Provide appropriate stamp of a registered professional with original signature on plans
submitted for plan review.
30.
Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan for plan review.
31.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction,
32.
Trash enclosures, patio covers, light standard and any block walls if not on the approved
building plans, will require separate approvals and permits.
TEMECULAPOLICE DEPARTMENT
33.
Applicant shall ensure all landscaping surrounding the building are maintained at a
height no greater than thirty-six (36) inches.
34.
Applicant shall ensure all trees on the property are maintained away from the building so
as to deter roof accessibility for suspect(s).
35.
Additionally, plants, shrubbery and trees will be maintained in areas not designated for
foot traffic. These areas will maintained so as to have clear visibility by patrons and
prevent concealment by suspect(s) to hide themselves both day/night time hours.
36.
Light fixtures shall be installed to illuminate all parking areas, driveways, and pedestrian
walkways. these areas shall be lit with a minimum maintained one (1) foot candle of
light at ground level, evenly dispersed across the surface, eliminating all shadows. All
exterior light fixtures shall be vandal resistant and positioned so as not to produce glare.
the installation of all exterior lighting shall be in compliance with the Mt. Palomar Lighting
Ordinance.
37.
Vandal resistant light fixtures shall be installed above all exterior doors and loading dock
areas around the building. These light fixtures shall illuminate the doors surface with a
minimum maintained one (1) foot candle of light at ground level, evenly dispersed. All
lights shall be in compliance with the Mt. Palomar Lighting Ordinance.
38.
All exterior lighting shall be controlled by timers or other means that prevent the lights
from being turned off by unauthorized persons.
39.
Upon completion of the re-modification of the building, a monitored alarm system shall
be installed to deter unauthorized entry/burglary and to notify the Police Department of
unauthorized intrusion.
40.
All doors, windows locking mechanisms, hinges, and other miscellaneous hardware shall
be of commercial or institutional grade.
%\TEMEC_FSI01\VOLI',DEPTS\PLANNING~STAFFRPT~.66pa99.pc.doc
16
41. All exterior public pay.telephones for this facility shall be placed in a well-lighted, highly
visible area, and installed with a "Call-Out Only" feature to deter loitering.
42.
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.
43. All roof hatches shall be painted "International Orange."
44.
Provide building address on roof, 48" high numerals, 9" wide strokes, traffic paint, color
to contrast with roof surface orientation as shown parallel to and facing primary street.
45.
In accordance with City Ordinance 97-07, the sale, use or possession of any type of
alcoholic beverage is prohibited unless a special permit is issued by the Alcoholic
Beverage Control (ABC).
OTHERAGENCIES
46.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated July 20, 1999, a copy of which is attached.
47.
The applicant shall comply with the recommendations outlined in the Riverside County
Department of Environmental Health transmittal dated July 26, 1999, a copy of which is
attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. ~ 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 Community Development Department approval.
Applicant's Signature
Date
\\TEM EC_FS I 01 \vO L 1 \DEPTS\P LANN ING~STAFFRPTx266pa99 .pc .doc
EXHIBITS
F:~X'p~PLANNING~TAFFRFI~66pa~.p~:.~oc
21
CITY OF TEMECULA
CASE NO, - PA99-0266
EXHIBIT - A
PLANNING COM MISSION DATE - NOVEMBER 3, 1999
F:~De~P~G~STAFFRP"F~66t~99.pc.~o¢
22
CITY OF TEMECULA
EXHIBIT B - ZONING MAP
DESIGNATION - LI LIGHT INDUSTRIAL
0000(
,OOOOO
EXHIBIT C-GENERALPLAN
DESIGNATION - BP BUSINESS PARK
CASE NO. - PA99-0266
PLANNING COMMISSION DATE -NOVEMBER 3, 1999
23
ATTACHMENT NO. 4
Minutes from the Nov. 3, 1999 Planning Commission Meeting
F:~DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.dOC
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
NOVEMBER 3, 1999
CALLTO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:01 P.M.,
on Wednesday November 3, 1999, in the City Council Chambers of Temecula City Hall,
43200 Business Park Ddve, Temecula, California.
ALLEGIANCE
The audience was led in the Flag salute by Commissioner Webster.
ROLL CALL
Present: Commissioners *Fahey, Mathewson, Naggar, and
Webster.
Absent:
Chairman Guerriero.
Also Present:
Planning Manager Ubnoske,
Deputy Director of Public Works Parks,
Attorney Cudey,
Senior Planner Fagan,
Senior Planner Hogan,
Project Planner DeGange, and
Minute Clerk Hansen.
*(Commissioner Fahey arrived at 6:03 P.M.)
PUBLIC COMMENTS
No cornmerits.
COMMISSION BUSINESS
1. Approval of Aqenda
It was noted that Commissioner Fahey arrived at 6:03 P.M.
MOTION: Commissioner Mathewson moved to approve the agenda. The motion was
seconded by Commissioner Webster and voice vote reflected approval with the
exception of Chairman Guerdero who was absent.
2. Approval of Minutes-October 6, 1999
MOTION: Commissioner Webster moved to approve the minutes, as written. The
motion was seconded by Commissioner Mathewson and voice vote reflected approval
with the exceDtion of Chairman Guerdero who was absent.
PUBLIC HEARINGS
3. Planninq Application No. PA97-0307 {Tentative Tract Map No. 28627)
Request to subdivide an approximately 37-acre parcel in 10 commercial
lots and one open space lot.
RECOMMENDATION
It is recommended by the Planning Department that the Planning
Commission continue the request.
Planning Manager Ubnoske relayed staffs recommendation to continue this Agenda
Item to the December 1, 1999 Planning Commission meeting.
MOTION: Commissioner Fahey moved to continue Agenda Item No. 3 to the December
1. 1999 Planning Commission meeting. The motion was seconded by Commissioner
Webster.(This motion was ultimately amended. See page 9.)
For Commissioner Mathewson, Planning Manager Ubnoske confirmed that staff would
be working with the applicant in the intedm pedod in order to address traffic issues and
the environmental assessment
At this time voice vote was taken reflecting approval with the exception of Chairman
Guerdero who was absent.
Development AQreement between Pala Rainbow LLC and the City of
Temecula {Planninq Application No. PA99-0273}
Request to approve a Development Agreement with Pala Rainbow LLC.
RECOMMENDATION
It is recommended by the Planning Department that the Planning
Commission approve the request.
Apprising the Commission of the recent revisions to the proposed Agreement, Senior
Planner Hogan presented the staff report (of record); relayed the proposed modification
with respect to Section 1.15, entitled Project (per agenda material), speci~ing that the
following additional uses would be permitted as general merchandise/retail store uses:
camera shops, clothing sales, computer sales and service. furniture sales, and hardware
stores, additionally. specifying that one of these general merchandise/retail uses would
be permitted to be as large as 20,000 square feet; noted that the Agreement would
prohibit restaurant uses (referencing Exhibit G of the staff report) in the Professional
Office (PO) zoned parcel. west of Pala Road; for Commissioner Webster, advised that
the area at the southwest comer of Pala Road and Cupeno Lane would not be included
in the Development Agreement, noting that this particular parcel was owned by the City;
and confirmed that the parcel line would end on the east side at the extension of
Jedediah Smith Road.
At this time Vice Chairman Naggar opened the public headng.
Mr. Phil Oberhansley, representing the applicant, provided the rationale for the proposed
revisions associated with the previously restricted uses; and clarified that solely drive-
through restaurant uses would be restricted, and not restaurants in general, in the
above-mentioned PO Zone (Via Exhibit G of the agenda material.)
At this time Vice Chairman Naggar closed the public hearing.
Commissioner Mathewson relayed that due to the additional uses added to the general
merchandise/retail as permitted uses via this particular Agreement, that at a future point
in time the City may be restricted from prohibiting these particular uses; and
recommended that staff investigate the issue of including a general merchandise/retail
store included in the Development Code.
MOTION: Commissioner Fahey moved to adopt Resolution No. 99-045 recommending
approval of Planning Application No. PA99-0273 based upon the Analysis and Findings
contained in the Staff Report, and subject to the attached Conditions of Approval; and to
adopt the Negative Declaration for Planning Application No. PA99-0273.
PC RESOLUTION NO. 99-045
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING
APPROVAL BY THE CITY COUNCIL OF A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND PALA RAINBOW, LLC FOR
PROPERTY LOCATED NEAR THE INTERSECTION OF
HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING
APPLICATION NO. PA99-0273)
The motion was seconded by Commissioner Mathewson and voice vote reflected
approval with the exception of Chairman Guerriero who was absent.
5. Plannincl ADDlication No. PA99-0266 (Minor Conditional Use Permit)
Request to operate an indoor skateboard park within a 21,346 square foot
portion of a building within an existing business park.
RECOMMENDATION
It is recommended by the Planning Department that the Planning
Commission consider the applicant's request (Pursuant to Section 17. 03 of
the Development Code. The Director of Planning has referred this item to
the Planning Commission).
Clarifying the rationale for this particular proposal being brought forward to the Planning
Commission, Project Planner DeGange provided an overview of the staff report (per
agenda material); relayed that significant issues had been raised with respect to the
compatibility of this use with the existing adjacent uses; specified the expressed
concerns of International Rectifier (a use in the vicinity of the proposed use which
transports. stores and utilizes hazardous chemicals) as follows: 1) safety concerns with
respect to the impact of a natural disaster, or an accident involving trucks, transporting
hazardous materials, 2) the proposed use would restrict their ability to expand, and 3)
traffic hazards due to the variant traffic patterns associated with the two alternate uses;
relayed the Business Park Association's concerns with respect to the following:
1) incompatibility issues and 2) liability risks; noted the applicant's response that there
have been, and currently are similar uses located in this particular business complex
(i.e., church, daycare.)
Project Planner DeGange addressed the concerns of the Commission, as follows:
For Commissioner Mathewson, relayed that the existing skate park use in
Temecula had not had significant issues raised with respect to noise impacts, or
Police incidents; and advised that the Police Department was contacted relative
to this particular application, noting that no issues of concern had been raised.
For Vice Chairman Naggar, noted that the previously cited daycare use no
longer existed at this particular Business Park, noting that the use would no
longer be permitted per Development Code standards; and with respect to the
type of disaster event raised as a concern by International Rectifier, specified the
issues expressed were an 8.0 earthquake, or an explosive fire.
Mr. Steven Graft, attorney for the applicant, submitted for the Commission's information
that this proposed project would not have an adverse impact on the community;
addressed the issues of concern, as follows: with respect to the issue raised regarding a
liability risk, advised that the proposed use would maintain security personnel inside and
outside of the skateboard park, restricting children from skateboarding outside of the
use, noting that the patrons would be paying for their use of the skateboard park, and
would be unlikely to utilize the exterior area; with respect to the issue of safety, relayed
the recent approval of a skateboard park on Rio Nedo which generated a higher
generation of traffic; with respect to the issue of incompatibility, noted the existence of an
adjacent church use; advised that the alternate previously approved skateboard park (on
Rio Nedo) was located in a higher concentration of industrial uses; with respect to the
issue of the impact of a natural disaster, (i.e., an 8.0 earthquake) advised that an
earthquake of that magnitude would adversely affect the residents of Temecula,
regardless of the location of a skateboard park; with respect to the potential of a
hazardous disaster, noted the location of a 30,000-gallon propane tank in close proximity
to the location of the Rio Nedo skateboard park (recently approved by the City); relayed
that due to the existing type of uses in the vicinity of this particular business park location
(i.e., church, City Hall), the risk factors have been proven to be at acceptable limits.
For clarification purposes, Planning Manager Ubnoske relayed that the previously
approved skateboard park on Rio Nedo was approved via a Director's Hearing, and not
by the Planning Commission.
Via overhead photographs, Mr. Rohn Korman, the applicant, provided an overview of the
project. highlighting site location, and the parking facility of this particular proposal; via
photographs at vadous times of day, relayed that there was no utilization of on-street
parking at this particular location; relayed the comparison of the numerous vehicles
utilizing on-street parking at the Rio Nedo Business Park (the location of a previously
approved skateboard park); highlighted the amenities proposed for this particular project;
noted the alternate existing uses, inclusive of the associated activities for women and
children; advised that he had provision of a five-hour videotape which had been directed
towards International Recti~ers receiving and shipping entrance, demonstrating five
truck deliveries during a five-hour period; relayed that in his opinion, the skateboard park
would be an asset to the City of Temecula, noting that the applicant would cooperate
fully to ensure compatibility; for Vice Chairman Naggar, provided the hours of operation
(of record); confirmed that there would be security personnel on duty Fridays,
Saturdays, and Sundays; specified the distance between the area of storage of
hazardous materials at the International Rectifier use and this particular use as
approximately 1100 feet, noting the similar proximate location of the Boys and Girls
Club, the Captain's Cabin Restaurant, and two church uses.
For informational purposes, Planning Manager Ubnoske clarified that there was a
Condition of Approval that required the applicant to prepare a security plan which would
be reviewed by the Police Department.
The following individuals spoke in opposition to the project, as proposed:
[] Mr. Dan Dierken
[] Mr. Jeff Leque
n MS. Kelley Dresler
[] Mr. Dennis Burke
[] Mr. Roy Millendaer
representing International Recfi~er
representing International RecU~er
representing Endar Corporation
representing Rancho California Business Park Association
representing Chemicon InternaUonal
The above-mentioned individuals spoke in opposition to the project for the following
reasons:
Incompatible with adjacent uses
./ Lack of sidewalks for children's utilization
Potential for truck accidents due to the presence of children
This particular use would restrict the permitting process for International
Rectifier
Safety hazard for children due to the proximate location of chemical storage
./ Hazard with respect to numerous truck deliveries
Referenced a similar use in the City of Vista, recently closed due to the
skateboard park not adhering to the stipulated regulations
Additional generation of traffic
· / Unsupervised youth
For Commissioner Mathewson, Mr. Dietken clarified the issue regarding this proposed
use jeopardizing International Rectifier's ability to expand, and to process permits due to
the regulating agencies' determination that children are sensitive receptors; and
provided additional information regarding the company's Risk Management Plan.
In response to Commissioner Webster's querying with respect to the Risk Management
Plan, specifically, the Offsite Consequences Analysis, Mr. Leque provided additional
information; noted the concern with respect to the storage of hazardous chemicals, in
light of the wind conditions at the site, and the presence of numerous children, if this
project was approved; and for Commissioner Fahey, advised that a quick evacuation in
the event of an emergency would be restricted due to the children being dropped off at
the skateboard park with no means of immediate transport.
For Commissioner Webster, Mr. Burke advised that the Board of Directors for the
Rancho California Business Park would maintain their determination that this project was
incompatible with the existing uses, and would not allow this type of use in the business
park; and relayed that permitting the church use was a mistake, noting that similar uses
are no longer allowed.
The following individuals spoke in favor of the project, as proposed:
Pastor Buttrey
Mr. Paul Akian
Ms. Suzanne Green
Mr. Eric Green
representing Valley Christian Center
owner of the property
40142 Patchwoffi Lane
37241 Floral Creek
The above-mentioned individuals were proponents of the project for the following
reasons:
Recommended relocating any facility that poses a great safety hazard to a
more remote area due to this particular area being heavily populated
., Opposed restricting the property owner of this business from allowing a use
that meets the requirements for a Conditional Use Permit
The use was consistent with the General Plan
./ Relayed the historical behavior of Mr. Korman's activities with children, noting
that the patrons of the skateboard park would be well-supervised
Compatible with the existing uses (i.e., church)
The need for this type of facility in the City of Temecula
Patrons would remain in the skateboard park due to the fee paid for the use
Noted the pdde of ownership Mr. Korman had displayed with respect to his
home and business, relaying that the facility would be well-maintained
In response to the expressed concerns, Mr. Korman relayed the data of the truck
delivery surveillance he had conducted which resulted in the viewed generation of a total
of 32 trucks within a six-hour period (between the hours of 2:00 P.M. and 6:00 P.M.);
provided additional information received via contact of the California Highway Patrol
regarding the safety of these particular type of trucks in the event of an accident; and
relayed the favorable aspects of locating the skateboard park at this site with regard to
safety and compatibility, in compadson to the previously appreved skateboard park on
Rio Nedo.
The Commission relayed their concluding remarks, as follows:
While acknowledging the need for a skateboarding facility in the City of Temecula,
and while noting her own son's enjoyment of the activity, Commissioner Fahey relayed
her concern with respect to the location of this particular project; reconnoitered the past
event at which time the City flooded, and children had to be evacuated via helicopter
transport at the roller-skating facility; and noted that due to this project being proposed in
a Light Industrial area, she could not support the project.
Commissioner Mathewson relayed his comments, as follows: with respect to
children accessing the site via pedestrian use, advised that due to the remote location of
the site, children would most likely be accessing the site via vehicle transport; regarding
the safety issues associated with the proximate storage of hazardous chemicals, noted
that the area was currently heavily populated with community members due to that vast
number of employees frequenting the area; with respect to International Rectifiers ability
to expand, advised that this particular facility would not preclude the business from
expansion; with respect to vandalism issues, noted that in light of the COA requiring that
the applicant submit a security plan, this issue would be adequately addressed; with
respect to the noise impact, compared the noise impact of operating heavy
manufacturing equipment and truck transport, with the noise of children, advising that
the impact of children' noise would not adversely affect the businesses in the area; and
relayed his support of the project.
· With respect to conformance with the General Plan in the Development Code,
Commissioner Webster relayed that this activity was allowable within this zoning
district as a Conditional Use Permit, as long as the Commission could make the findings;
advised that the issue of truck traffic would not substantiate a denial of this project; with
respect to children skateboarding outside of the facility, relayed that this was a Police
enforcement matter, noting that the COAs within this Planning Application adequately
addressed this issue; regarding safety issues, advised that there were no State or
Federal regulations which would restrict uses adjacent to facilities with a Risk
Management Plan; with respect to the adjacent companies' desire for the facility to be
prohibited due to the existing uses safety concerns, noted that this rationale would be
denote adverse condemnation; while acknowledging that the matter of children being
sensitive receptors could be a substantial issue, noted the lack of evidence presented as
to whether this particular use would qualify as a sensitive receptor, and what the
potential affect would be on the existing and future businesses; with respect to traffic
issues, relayed the this particular facility would be a point of destination use; with respect
to CEQA issues, relayed that the negative environmental impact associated with this use
was not substantiated; with respect to the Business Park Association's determination to
prohibit this particular use, noted that this was a separate issue; and in concurrence with
Commissioner Mathewson. relayed his support of this Planning Application.
· Vice Chairman Naggar relayed his comments, as follows: with respect to the fear of
children darting in and out of traffic, advised that the security plan (required per the
Conditions of Approval), and the hiring of official security personnel would adequately
mitigate this concern; concurring with the previous Commission comments, relayed that
in his opinion, this particular project would not inhibit International Rectifier's ability to
expand; advised that the project conforms to the General Plan under the Development
Code; noted that the traffic associated with this proposed project would not adversely
affect the existing uses; and relayed his support of the project,
MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99-
0266, (This motion was amended.)
MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99-
0266, and to adopt a Notice of Exemption for Planning Application No. PA99-0266.
PC RESOLUTION NO. 99-046
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA99-0266, (MINOR CONDITIONAL
USE PERMIT) A REQUEST TO OPERATE AN INDOOR
SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT
PORTION OF A BUILDING WITHIN AN EXISTING
BUSINESS PARK, LOCATED AT 43300 BUSINESS
PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL
NO. 921-020-055
The motion was seconded by Commissioner Webster and voice vote reflected approval
with the exception of Chairman Guen'iero who was absent and Commissioner Fahey
who voted n__o.
PLANNING MANAGER'S REPORT
With respect to the criteda for Findings for Convenience or Necessity for
alcoholic establishments, Planning Manager Ubnoske relayed that the issue
would be brought forward to the Planning Commission in December 1999.
Noting the cancellation of the November 13, 1999 Design Review Workshop
which had been scheduled to be held from 9:00 A.M. to 3:00 P.M., Planning
Manager Ubnoske advised that the workshop would be rescheduled for the
beginning of 2000.
Per Commission request, Planning Manager Ubnoske relayed that the issues
related to the Traditional Neighborhood Design would be brought forward to the
Commission. advising that a workshop schedule would be presented at an
upcoming Commission meeting.
D=
For informational purposes, Planning Manager Ubnoske relayed that the Cosco
project would be presented to the Commission at the first December Planning
Commission meeting.
Attomey Curley advised that staff was requesting that the Commission make motion for
reconsideration of the action with respect to Agenda Item No. 3, due to the December 1
Planning Commission meeting potentially being rescheduled due to the City's ten-year
Anniversary Celebration being held on December 1.1999.
ATTACHMENT NO. 5
Minutes and Staff Report from the Oct. 14, 199 Planning Director's Meeting
F:/,DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
MINUTES OF A REGULAR MEETING
· OF TBE CITY OF TEMECULA
PLANNING DIRECTOR
OCTOBER 14, 1999
A regular meeting of the City of Temccula Planning Director was called to order on Thursday,
October 14,1999 at 1:30 PM, at the City of Temccula Main Conference Room, 43200 Business
Park Drive, Temecula, California. Senior Planner Matthew Fagan presiding.
Also present were Project Planner John DeGange and Minute Clerk Cathy Davis.
Senior Planner Matthew Fagan opened the public hearing for items not listed on the agerids at
1:32 PM. There were no requests to speak.
1. Planning Application No. PA99-0266 (Minor Conditional Use Permit)
Project Planner John DeGange presented the staff report for planning Application PA99-
0266 to operate an indoor skateboard park located at 43300 Business Park Drive.
Senior Planner Matthew Fagan opened the public hearing at I :34 PM.
Applicant Ron Korman, 40137 Patchwork Lane, Murrieta, CA, spoke in favor of the project. He
feels his project would be good for the youth of the community. Them is already a church with a
youth group in the same center. This is a $300,000 project with $170,000 of tenant improvements.
It will be one of the top skate parks in the country. There are 160 skate parks in America and 140
of them are in light industnaI zones. Any problems with International Rectifier should have been
raised when the church was allowed to come in. This location has good parking and their business
is primarily at 5:00 PM and will not cause any additional traffic.
Dan Dierken, International Recti~er, 41915 Business Park Drive, Temecula, CA 92590 spoke in
opposition to the project. He is concerned because international Recti~er must account for all
individual within 1,000 feet of their facility for safety reasons. He is concemed of a safety risk to
the children using the skateboard park. He is also concerned with traffic. He also expressed the
concern mat International Rectifier has future plans for expansion, which may be affected by the
skateboard park. He feels that the site is not an appropriate place for the skateboard park.
Dave Beckman, 28835 Single Oak Drive, Temecula, CA 92590 spoke in opposition to the project.
He is concerned with the increased traffic and an increase in night-time activity. He feels that it is
not an acceptable use for the location and it is an area not conducive to having children around.
Dennis M. Burke, Rancho Califomia Business Park Association, 6670 Alessandro Boulevard, Suite
B, Riverside, CA 92506 spoke in opposition to the project. He stated the Association had rejected
this use. There is an unacceptable liability risk and it will interfere with the ability to attract quality
tenants or business for the vacant land within the industrial park. He feels the project's location is
not appropriate for the use.
F:\DePts\PLANNING'~DIRKF, ARXMINUTE~\I999\I0*I4-99.mm~.doc
1
· Mark Illsley, 41820 Rio Grande, Temecula, CA 92591 spoke in favor of the project. He told his
children about the project and they were very excited. There is nowhere for the kids to go to skate
fight now. He was also concerned if International Rectifier is so dangerous then need to look at the
risk as a community. He also wanted to know if this location is not appropriate, where do you put
skate parks.
David G. Bailey, 38300 Mesa, Temecula, CA 92590 spoke in favor of the project. He is a Police
Officer for the City of Temecula and he sees the damage skateboarders cause to the commumty. He
stateed the skateboards need someplace to go and that we are limiting their skateboarding to the
streets.
Applicant Ron Korman, 40137 Patchwork Lane, Murrieta, CA concurred with the Conditions of
Approval.
Senior Planner Matthew Fagan closed the public hearing at 2:05 PM.
Senior Planner Matthew Fagan referred Planning Application PA99-0266 to the planning
Commission for their consideration. The project will be re-noticed for a planning Commission
Hearmg.
The meeting was adjourned at 2:10 P.M.
F:\D~tsXPLANNING\DIR.HEAR\MINU'rF~\I999XI0.1~.~.mitm~.doc
2
PLANNING APPLICATION NO. PA99-0266 (Minor Conditional Use Permit)
Planning Application No. PA99-0266 (Minor Conditional Use Permit) is a request for approval to
permit the operation of an indoor skateboard park. In a_cc_~_rdance with the Citys Development Code,
Rohn Korman of the Ollie House Inc. has applied for a Minor Conditional Use Permit to allow an
indoor skateboarding fadlib/within a 21,346 square foot unit located at 43300 Business Park Drive.
The project qualifies under CEQA for a Categorical Exemption under Section 15301 Existing
Facilities, Class I (b), because it is a minor alteration of an existing fadlib/, involving negligible
expansion of use beyond that previously existing.
No structural changes to the exterior of the building are being proposed as a result of this project.
All previous Conditions of Approval under which the building that this fadlib/will be located was
constructed shall apply to this application. Future tenant improvements are noted on the floor plans
and will require separate building. The parking requirements were reviewed for this proposal with
the determination that the amount of parking required for this project and the parking available for
the center which the project is located is sufficient.
Staff has received four letters expressing concams with the proposed project. In addition, staff met
with representatives from Intemational Rectifier and members of the board goveming the business
association for the center which this project is located. The board indicated that when this project
was presented to them for approval, it was denied. The other City departments have reviewed the
project and have included Conditions of Approval.
Planning Staff recommends that the Planning Director not take action on Planning Application No.
PA99-0266 (Minor Conditional Use Permit), but instead forward this item to the Planning
Commission for consideration. If the Planning Director dec~des to approve the project Findings for
approval Conditions of Approval have been included.
This concludes Staffs presentation. Staff is available to answer any questions.
Planning Application No. PA99-0266 (Minor Conditional Use Permit)
FINDINGS
The proposed conditional use is consistent with the General Plan and the Development Code.
The project has been reviewed for consistency with these documents and Staff has determined
that the project as conditioned is consistent with the goals and policies contained within the
General Plan and the development standards contained in the Development Code.
2. The proposed conditional use as conditioned can be considered compatible with the nature,
condition, and development of adjacent uses, buildings, and structures and the proposed use
will not adversely affect the adjacent uses, buildings, or structures. The use is proposed to be
located in a portion of an existing at 43300 Business Park Drive. The proposed project is located
within an area of existing industrial uses which also includes a church.
3. The site for the proposed conditional use is adequate in size and shape to accommodate the
project. Staff has reviewed the project and has determined that the project is consistent with the
standards of the Development Code.
4. The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community. The project as conditioned is consistent with the goals and policies
contained within the General Plan and the development standards contained in the Development
Code. These documents were adopted by the City Council to assure that projects are is not
detrimental to the health, safety and general welfare of the community. Compliance with thes
documents will assure this is achieved.
F:\DepU%PLANNING',,qTAFFRPT~266pa99.DI-I.do~;
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA99-0266 (Minor Conditional Use Permit)
Project Description: A Conditional Use Permit to permit the operation of an indoor
skateboard park.
Development Impact Fee: None
Assessor's Parcel No. 921-020-055
Approval Date: October 14, 1999
Expiration Date: October 14, 2001
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department a cashiers check or money
order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00)
County administrative fee, to enable the City to file the Notice of Exemption required under
Public Resources Code Section 21108(b) 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 theroof, and/or any of its officers, employees and agents from any
and all claims, actions, or proceedings against the City, or any agency or instrumentality
thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek
monetary damages resulting from an approval of the City, or any agency or instrumentality
thereof, advisory agency, appeal board or legislative body including actions approved by the
voters of the City, concerning Planning Application No. PA99-0266 (Minor Conditional Use
Permit). 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
contemplated by this approval within the two (2) year pedod which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by the
approval.
The conversion of use shall conform substantially with Exhibit "A" (Site Plan) and Exhibit "B"
(Floor Plan) approved with Planning Application No. PA99-0266, or as amended by these
conditions. However, any improvements noted as future tenant Improvements on these
plans are for information only and are not part of the Minor CUP at this time.
F:\DepM'~PLANNING~STAFFRFT'~266pa99.DH .doc
2
Planning Application No. PA99-0266
Conditions of Approval
Page 2
Noise levels generated by the project shall not exceed the standards set forth in the Noise
Element of the General Plan or the environmental performance standards of the
Development Code.
Prior to opening for business, a security plan shall be prepared and submitted to the
Police Department for review and approval. Said plan shall include, but not be limited to
staffing, secudty rules and regulations, operating policies, emergency protocols and
twenty-four hour contact personnel.
The project shall comply with Conditions of Approval of all underlying maps, development
plans or Conditional Use Permits that may apply to the project site.
DEPARTMENT OF PUBLIC WORKS - The Department has no conditions of approval for this case.
FIREDEPARTMENT
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, use, the California
Building Code (CBC), Califomia Fire Code (CFC), and related codes which are in force at the
time of building plan submittal.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel o,'
construction of all commercial buildings per CFC Appendix Ill.A, Table A-Ill-A-1. Th~
developer shall provide for this project, a water system capable of delivering 1500 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a
total fire flow of 2350 GPM with a 2 hour duration. The required fire flow may be adjusted
dudng the approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given
above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A)
10.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix Ill-B, Table A-Ill-B-I. A combination of on-site and off-site super fire hydrants (6"
x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public
streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than 250
feet from sny point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B)
11.
As required by the California Fire Code, when any portion of the building(s) is in excess of
150 feet from a water supply on a public street, on site fire hydrants are required. For this
project on site fire hydrants are required. (CFC 903.2)
12.
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. (CFC 902.2.2.1)
13.
Pdor to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
F:\Depta%PLANNING~TAFFRFl~266pa99.DH.doc
3
14.
15.
16.
17.
18.
Pdor to issuance of a Cedificate 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 stdp centers, businesses shall post the
suite address on the rear door(s). (CFC 901.4.4)
Pdor 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 spunkier system. Fire
sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (CFC Article 10, CBC Chapter 9)
Pdor 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 pdor to installation. (CFC Article 10)
Pdor to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm
system. (CFC 902.4)
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. (CFC 902.4)
DEPARTMENT OF BUILDING AND SAFETY -
19.
Comply with applicable provisions of the 1998 edition of the California Building, Plumbing and
Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24
Energy and Disabled Access Regulations and the Temecula Municipal Code.
20.
A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School Mitigation
Fees.
21.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
22. The Occupancy classification of the proposed buildings shall be B/A-2.1.
23.
Provide Occupancy approvals for all existing buildings (i.e. finale building permits or
Certificate of Occupancy)
24.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
25. Provide van accessible parking located as close as possible to the main entry.
26. Show path of accessibility from parking to furthest point of improvement.
27.
Restroom fixtures, number and type, to be in accordance with the provisions of the 1998
edition of the California Building Code.
F:~DepI~PLANNING~TAFFRFTt266pa99.DH.doc
4
28. Provide an approved automatic fire sprinkler system.
29. Provide appropriate stamp of a registered professional with odginal signature on plans
submitted for plan review.
30. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
31. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
32. Trash enclosures, patio covers, light standard and any block wails if not on the approved
building plans, will require separate approvals and permits.
TEMECULA POLICE DEPARTMENT
33.
Applicant shall ensure all landscaping surrounding the building are maintained at a height no
greater than thirty-six (36) inches.
34.
Applicant shall ensure all trees on the property are maintained away from the building ~o as
to deter roof accessibility for suspect(s).
35.
Additionally, plants, shrubbery and trees will be maintained in areas not designated for foot
traffic. These areas will maintained so as to have clear visibility by patrons and prevent
concealment by suspect(s) to hide themselves both day/night time hours.
36.
Light fixtures shall be installed to illuminate all parking areas, driveways, and pedestrian
walkways. these areas shall be lit with a minimum maintained one (1) foot candle of light at
ground level, evenly dispersed across the surface, eliminating all shadows. All exterior light
fixtures shall be vandal resistant and positioned so as not to produce glare. the installation
of all exterior lighting shall be in compliance with the Mt. Palomar Lighting Ordinance.
37.
Vandal resistant light fixtures shall be installed above all exterior doors and loading dock
areas around the building. These light fixtures shall illuminate the doors surface with a
minimum maintained one (1) foot candle of light at ground level, evenly dispersed. All lights
shall be in ccmplianca with the Mr. Palomar Lighting Ordinance.
38.
All exterior lighting shall be controlled by timers or other means that prevent the lights from
being fumed off by unauthorized persons.
39.
Upon completion of the remodification of the building, a monitored alarm system shall be
installed to deter unauthorized entry/burglary and to notify the Police Department of
unauthorized intrusion.
40.
All doors, windows locking mechanisms, hinges, and other miscellaneous hardware shall be
of commercial or institutional grade.
41.
All exterior public pay telephones for this facility shall be placed in a well-lighted, highly visible
area, and installed with a "Call-Out Only" feature to deter loitering.
42.
Street address shall be posted in a visible location, minimum 12 inches in height, on th~
street side of the building with a contrasting background.
F:\Dcpts~PLANNING~STAFFRPT~266pa99.DH.doc
45.
All roof hatches shall be painted "International Orange."
Provide building address on roof, 48" high numerals, 9" wide strokes, traffic paint, color to
contrast with roof surface orientation as shown parallel to and facing primary street.
In accordance with City Ordinance 97-07, the sale, use or possession of any type of alcoholic
beverage is prohibited unless a special permit is issued by the Alcoholic Beverage Control
(ABC).
OTHER AGENCIES
46.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated July 20, 1999, a copy of which is attached.
47.
The applicant shall comply with the recommendations outlined in the Riverside County
Department of Environmental Health transmittal dated July 26, 1999, a copy of which is
attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
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 Community Development Department approval.
Applicanrs Signature
Date
F:XDep~x, PLANNING\STAFFRF'I~266ps99 .DH
6
Wmr
July 20,1999
John DeGange, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AVAILABILITY
PARCEL NO. 3 OF PARCEL MAP NO. 20873
APN 921-020-055
PLANNING APPLICATION NO. PA99-0266
Dear Mr. DeGange:
Please be advised that the above-referenced property is located within
the boundaries of Rancho California Water District (RCWD). Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner.
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
/- d/'~ ~_%
Steve Brannon, P,E.
Development Engineering Manager
99~SB:mc186FO12-T5~FCF
c: Laurie Williarns, Engineering Services Supervisor
TO:
FROM
RE:
County of Riverside
DEPARTMENT OF ENVIRONNIENTAL HEALTH
CITY OF TEMECULA PLANNING DEPARTMENT
CONDITIONAL USE PERMIT NO. PA99-0266
DATE: July 26 ~
The Department of Environmental Health has reviewed the Conditional Use Permit No. PA99-
0266 and has no objections. Sanitary sewer and xvater services may be available in this area.
PRIOR TO ANY PLAN CHECK SUBMITTAL tbr health clearance. the following items are
required:
a) "Will-serve" letters ~'om the appropriate water and sewering agencies.
b) Three complete sets of pitms tbr each food establishment (to include rending machines l will be
submitted. including a fixture schedule. a finish schednle. and a plumbing schedule in order to
ensure compliance with the California Uniform Retail Food Facilities Law. For specific
retirenee. please contact Food Facility Plan examiners at (909) 694-5022).
c) A clearance letter fi'om the Hazardous Services Materials Management Branch (909) 694
will be required indicating that the project has been cleared tbr:
· 13nderground stomge tanks. Ordinance # 617.4.
· llazardous Waste Generator Services. Ordinance ~ 615.3.
· IZmergency Response Plans Disclosure ~in accordance with Ordinance ~ 651.2.)
· Waste reduction management.
d) ..\ letter t?om the Waste Eegulation Branch (Waste Collccdon/LEAL
CH:dr
~909) 955-8980
NOTE:
Any current additional requirements not covered. can be applicable at time of Building
Plan review Ibr linal Departn~ent of Environmental Health Clearance.
Doug Thompson. Hazardous Materials
,t;mdjbl
TT'
ATTACHMENT NO. 6
Information Packet Submitted by International Rectifier
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
A
Appeal Form Attachment
Paragraph h Planning Application No. PA99-0266 (Minor Conditional Use Permit)
Paragraph 2: Temecula Planning Commission, November 3, 1999
Paragraph 3:
1. Decision of the Planning Commission approving Planning Application No. PA99-0266
(Minor Conditional Use Permit) proposed to be issued to Ollie House Indoor Skateboard
Park, located at 43300 Business Park Drive, Temecula, CA.
2. Finding by the Planning Commission that the proposed skateboard park is exempt from
CEQA per Section 15301.
Paragraph 4:
International Recti~er Corporation ("Appellant") asks the City Council of Temecula to set aside
and void the decision of the Planning Commission to grant a Conditional Use Permit ("CUP")
for the Ollie House Indoor Skateboard Park (Planning Application No. PA99-0266). In support
of its request, the Appellant incorporates by reference the attached letters dated October 13, 1999
and November 3, 1999 submitted by Appellant to Planning Manager Debbie Ubnoske (Exhibits
A and B). As stated in those letters, and enumerated below, Appellant believes that a number of
issues were wrongly determined by the Planning Commission.
As a preliminary matter, however, Appellant asks the City Council to note several procedural
difficulties that have arisen concerning this appeal. First, Appellant is submitting this appeal
within 15 days of the Planning Commission decision which was allegedly made on November 3,
1999. Appellant was told by the Planning Department on two separate occasions that an appeal
of the November 3, 1999 decision had to be made within 15 days of the approval - i.e., on or
before November 18, 1999.t However, under Section 17.03.090(E)ofthe Temecula Municipal
Code ("Municipal Code"), the appeal does not have to be filed until 15 days after the written
notice of decision has been served.2 The written notice of decision is to be filed within 15 days
after the close of the public hearing.3 Appellant did not receive a notice of decision from the
i Telephone conversation with the Planning Department, 11/16/99 (information provided by Valefie Wimberly),
and telephone conversation with the Planning Deparwaent 11/16/99 (information provided by John DeGange).
: Temecula Municipal Code section 17.03.090(E) states in relevant part that: "[a] notice of an appeal by any
individual who is aggrieved by or dissatisfied with a decision on an application made by him or in his behalf, or with
any action, order, requixement, decision or detemunation, shall not be acted upon unless filed within fifteen days
after service of wnnen notice of decision."
3 Section 17.03.040(E) of the Temecula Municipal Code states that: "[t]he planning comnussion or director of
planning shall hear relevant testimony from interested persons and shall make its decision within fifteen days after
the close of the public hearing. Notice of the decision shall be filed by the director of planning with the city clerk,
together with a report of the proceedings, not more than fifteen days after the decision. A copy of the notice of
decision shall be mailed to the applicant and to any person who has made a written request for a copy of the
decision."
LA3 907q996
li<t7/99
Planning Department, nor did Appellant review any such notice of decision in the record file,
obtained from the Planning Department on November 16, 1999. Because the Municipal Code
does not require the Planning Commission to prepare a notice of decision until 15 days after it
has made its decision, it is likely that no such notice of decision has yet been prepared.
Appellant's ability to bring a meaningful appeal is severely limited by the Planning
Department's requirement that Appellant file its appeal before a written notice of decision has
been made available, because Appellant has not been able to verify the actual findings made by
the Planning Commission. This appeal is based, therefore, upon evidence in the record file and
the proposed findings of the Planning Commission written by the Planning Commission staff
("Planning Staff'). In the event that facts come to Appellant's attention after filing this notice of
appeal indicating that new or additional information is available, Appellant asks that the City ·
Council grant Appellant future leave to amend this notice, if and when new information comes to
light.
In addition, it has come to Appellant's attention that the Planning Manager filed a Notice of
Exemption under CEQA for the proposed skateboard park with the County Clerk and Recorders
Office for the County of Riverside on November 9, 1999. It is Appellant's view that this Notice
of Exemption was filed prematurely before Appellant had a chance to exhaust its administrative
remedies and bring this appeal. As such, it is Appellant's belief that the CEQA statute of
limitations is tolled by this appeal, or alternatively, that the November 9, 1999 Notice of
Exemption is invalid.
In support of its appeal, Appellant believes that the following issues were wrongly determined by
the Planning Commission.
1. The Planning Commission wrongly approved the application for a Conditional Use
Permit ("CUP") for a project that is inconsistent with the City's zoning regulations.
The Planning Commission wrongly decided to approve the CUP application for a project
that is inconsistent with the City of Temecula's zoning ordinances. The proposed
location of the skateboard park is zoned Light Industrial. (See map Exhibit C). Section
17.08.030 of the Municipal Code sets forth the land uses that are permitted in each
commercial zoning district. Section 17.08.(B0 does not specifically list "skateboard
park" uses. Of the uses listed in Section 17.08.030, those most analogous to skateboard
park uses are: (i) recreational uses for children and teenagers, such as bowling alleys,
arcades, teen clubs, and movie theaters, and (ii) recreational exercise uses, such as health
and exercise clubs, aerobics studios, and martial arts studios. All of these uses are
prohibited in light industrial areas under Section 17.08.030 of the Municipal Code,
indicatin~ the City's determination that teena~e recreational use is not appropriate in such
areas. Although Section 17.08.030 includes a general reference that sports and
recreational facilities are allowed in light industrial areas by conditional use permit, the
Municipal Code's more specific prohibition on teenager recreational and exercise uses in
light industrial areas supercedes the general permission to consider certain sports and
recreational uses and ts binding on the Plam~mg Commission. Appellant urges the City
LA3:907999 6
I 1/17/99 2
to comply with its own zoning ordinances and require the Planning Commission to deny
issuance of the CUP.
2. The Planning Commission wrongfully approved the application for the CUP without
making the necessary findings required by the Temecula Municipal Code.
In order to grant a CUP, the Planning Commission must make a series of findings set
forth in Section 17.04.010(E)( 1 )(a)-(e) of the Municipal Code demonstrating that ~'the use
will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the
public health, safety or general welfare." Under Section 17.04.010(E)(1)(b), the Planning
Commission must find that "the proposed conditional use is compatible with th.e nature,
condition and development of adjacent uses, buildings and structures and that proposed
conditional use will not adversely affect the adjacent uses, buildings or structures." The
findings made by the Planning Commission to support issuance of the CUP must be
supported by substantial evidence in the record as a whole, pursuant to Section
17.04.010(E)( 1 )(e) of the Municipal Code.
In this case, information available in the Planning Commission's file did not include any
findings made by the Planning Commission. Nor did the Planrang Staff recommend that,
based on the evidence in the record, the Planning Commission should make the findings
required for approval of a CUP. Instead, in the Staff Report dated November 3, 1999,
members of the Planning Staff referred the decision on the CUP to the Planning
CommiSsion because "significant issues have been raised relative to the compatibility of
[the skateboard park] with the uses that exist or that will ultimately be permitted in the
vicinity of the proposed project." I_d. at 3. Instead of identifying evidence supporting
findings for approval or denial of the CUP, the Planning Staff provided two inconsistent
sets of findings that would support a decision of the Planning Commission either to
approve or deny the CUP approval.4 The fact that these sets of findings are entirely
inconsistent indicates that taking the record as a whole, the Planning Staff did not find
substantial evidence to support a finding of approval of the CUP. Clearly, the Planning
Commission is not free to simply select one of two inconsistent, result-oriented findings
For example, Finding No. 4 (for Approval) states that:
"[t]he nature of the pwposed conditional use is not dentmental to the health, safety and general welfare of
the community. The project as conditioned is consistent with the goals and policies contained within the
General Plan and the development standards contained in the Development Code. These documents were
adopted by the City Council to assure that projects are is [sic] not den'imental to the health, safety and
general welfare of the community. Compliance with these documents will assure this is achieved." Id. at 4.
In contrast, Finding No. 4 (for Denial) states that:
"It]he nature of the proposed conditional use could potentially expose people to uses within the vicinity of
this project that could be demmental to their health, safety and general welfare. The project is not entirely
consistent with the goals and policies contained within the General Plan and the development standards
contained in the Development Code. These documents were adopted by the City Council to assure that
projects are is [sic] not delnmental to the health, safety and general welfare of the community. This project
potentially would not be able to comply with these documents." Id.
LA3 907999 6
11/17/99 3
drafted by the Planning Staff, but must rest its decision on substantial evidence in the
record.
Assuming the Planning Commission adopts the Plarming Staffs set of findings that
supports approval of the CUP, Appellant believes that the Planning Commission's
decision is not supported by the record for the following reasons:
a. There is no substantial evidence in the record establishing that the proposed
skateboard park use is compatible with adjacent uses and will not adversely affect
such adjacent uses.
We have reviewed the information available in the Planning Commission's files with
respect to the Planning Commission's determination to approve the issuance of a CUP.
As indicated above, this did not include a written notice of decision issued by the
Planning Commission. Although the file contains a letter from the applicant advocating
the project and several individuals including the applicant spoke in favor of the project at
the hearing, there is no evidence in the file establishing compatibility of use or lack of
adverse affects. In their~ndings ofappmval, the Plarming Staffstated that the proposed
use is compatible with adjacent uses and will not adversely affect adjacent uses "because
there are similar uses in the vicinity (a church and day care) and because the proposed
hours of operations do not conflict with the hours of operation for the light industrial uses
in the area." The first statement is conclusory and irrelevant to a finding of compatibility,
and the second statement is simply incorrect. The fact that there happens to be a non-
conforming use in the area does not constitute evidence that supports a finding that a
newly proposed non-conforming use will not have adverse impacts on adjacent uses. In
fact, it increases the possibility that cumulative impacts from all of these incompatible
uses will be more serious than anticipated. In addition, the proposed hours of operation
at the skateboard park in no way alleviate or mitigate the concerns of Appellant that the
skateboard park will create traffic problems, increase traffic hazards, and introduce an
influx of teenagers skating, skateboarding, or bicycling to the area in a manner that is
inconsistent with heavy industrial truck traffic. International Rectifier's facilities in the
business park operate 24 hours a day, and may receive truck deliveries at any time during
the 24 hnur period. For facilities that do not operate at night or on the weekends,
allowiug unsupervised children and teenagers to the area increases the risk of vandalism
in an industrial area where hazardous chemicals are used and transported. There is no
evidence that the conditions of approval proposed by the Planning Staff and other
agencies to be imposed on the applicant will effectively eliminate these concerns.
As indicated in International Recti~er's letters, a busy industrial park (with its
manufacturing, hazardous chemical storage and use, and heavy equipment and trucks)
poses obvious risks to children and teenagers entering the park to engage in
skateboarding. The evidence in the record does not provide a sufficient basis for the
Planning Commission to conclude that the proposed project will eliminate such risks to
the youths, as well as the attendant liability concerns for the City and adjacent industrial
businesses.
LA3:907909
11/17/99
b. There is substantial evidence in the record that the proposed skateboard park
use is no__3t compatible with adjacent uses and ~vill adversely affect such adjacent uses.
In May 1999, before the applicant submitted an application for a CUP to the Planning
Commission, the Rancho Business Park Association (the "Association") was requested
by the applicant to approve the development of a skateboard park in the Rancho
California Business Park. The Association evaluated whether the proposed skateboard
park use was compatible with existing uses, and ultimately concluded that such a use was
not consistent with the existing industrial uses. As explained in more detail below, this
independent assessment by the Rancho California Business Park constitutes substantial
evidence that the proposed skateboard park use is not consistent with adjacent uses and
will have an adverse effect on such uses.
The skateboard park is proposed to be located on a parcel within the Rancho Califomia
Business Park that is subject to land use covenants, conditions, and restrictions set forth
in the Declaration of Protective Covenants for Rancho California Business Park
(recorded in the Official Records of Riverside County, Book 1984, Page No. 237558,
November 2, 198,$) ("Declaration") (the relevant sections of,the Declaration are set forth
in Exhibit D). The Declaration creates an Association, which is comprised of
representatives of each owner of property within the Rancho California Business Park.
The Declaration generally restricts land uses within the business park to engineering,
office, light manufacturing, warehousing, and related uses. However, the Association is
charged, among other things, with the responsibility of approving or disapproving
proposed commercial or retail uses "based upon consideration of the effect of such
operations or uses on other property subject to this Declaration and upon the occupants
thereof." As the representative of the owners of businesses in the Rancho California
Business Park, the Association is best situated to make an assessment as to whether the
proposed skateboard park use is compatible with the existing operations in the Rancho
California Business Park or would have an adverse affect.
In a letter dated June 1, 1999 (Exhibit E), the Association disapproved the proposed
skateboard park use of property within the Rancho California Business Park based on its
determination that such a use was not consistent with adjacent uses and would have an
adverse affect on such uses. After full review of the matter, the Association determined
that the use of the vacant building for teenage recreational purposes was not consistent
with the surrounding industrial purposes. Among other issues, the letter expressed
concerns about the hazard of having unsupervised youth in an industrial park, as well as
concerns about problems with trash, use of common areas by skateboarders, and traffic
problems.
The Association's assessment of the proposed skateboard park use and decision to
disapprove the proposed use is substantial evidence that the proposed use is not
compatible with the nature, condition and development of adjacent uses, buildings and
LA3:907909 6
I 1,17,99 5
will have an adverse impact on, adjacent uses. Therefore. approval of the CUP application by
the Planning Commission should be set aside or voided.
The Planning Commission wrongly determined that approval of a CUP for the
proposed skateboard park was exempt from review under the California
Environmental Quality Act ("CEQA").
The Planning Commission wrongly determined that approval of the CUP for the
proposed skateboard park was exempt from CEQA review under the "existing facilities"
categorical exemption set forth in Section 15301 of Title 14 of the California Code of
Regulations. Section 15301 provides that projects which involve the "operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures... involving negligible or no expansion of use beyond that existing at
the time of the lead agency's determination" do not have a significant effect on the
environment and are exempt from CEQA review. The proposed project involves the
alteration of a structure that was vacant and unused at the time of the Planning
Commission's determination, into a skateboard park facility for skateboarding use by
children and teenagers. This change of a vacant unused building to a building used for
recreational skateboarding by children and teenagers is a complete change and major
expansion in use from that existing at the time of the Planning Commission's
determination. The Planning StafFs statements that no structural changes to the exterior
of the building will occur and that all previous conditions applicable to the existing
building will apply do not support use of this categorical exemption for the current
proposal, in which an unused, vacant building will be completely transformed into a
skateboard park. Because the complete change in use of the building from its current use
constitutes more than a "negligible" expansion of use. the categorical exemption in
Section 15301 is inapplicable to the proposed project.
Even if the exemption were applicable, use of a categorical exemption for the proposed
project would be barred by the exceptions to categorical exemptions listed in Title 14
California Code of Regulations section 15300.2. This section provides that a categorical
exemption may not be used "where there is a reasonable possibility that the activity will
have a significant effect on the environment" due to special or unusual circumstances.
T~e inappropriate location of the skateboard park in an industrial area and the potential
for the project to create significant impacts on traffic, public safety and services, and
noise all constitute circumstances which make the use of a categorical exemption
improper.
Because the Planning Commission's finding that the Ollie House Indoor Skateboard Park
project was categorically exempt from CEQA was improper. the Planning Commission is
required to begin preparation of an initial study7 to determine whether to prepare a
negative declaration, mitigated negative declaration, or an environmental impact report
7 An "initial study" is a preliminary analysis prepared by the City used to determine if the project will have a
significant effect on the environment. 14 Cal. Code Regs. § 15063.
LA3 907090 6
CEIR").s In its letter of November 3, 1999, Appellant set forth a number of potential
environmental impacts that could occur from approving the skateboard park as proposed.
Potential impacts include, but are not limited to, impacts on traffic, public services, and
noise, and these areas of concern must receive further study. Additionally, feasible
alternative sites that are more appropriate for the proposed use must be explored. The
evidence in the record prepared by the Planning Staff is simply inadequate to uphold the
finding of exemption against the arguments raised by Appellant and others. Through the
research required as pan of the initial study process, information on these and other
potential environmental impacts of the proposed project will be developed. As required
under CEQA, the Planning Commission will then be able to reach a reasoned decision on
whether a negative declaration, mitigated negative declaration, or an EIR is appropriate in
light of evidence regarding impacts and information gained through the public comment
process. The Planning Commission must comply with its legal obligation under CEQA
to take these steps.
Paragraph 5:
Appellant respectfully requests the Temecula City Council to set aside or void the decision of the
Planning Commission and immediately deny the application for the skateboard park CUP. In the
alternative, Appellant requests that the City Council instruct the Planning Commission to
postpone making a decision to approve or deny the CUP until it has complied with its CEQA
obligations by beginning preparation of an initial study and subsequent CEQA documentation for
the proposed skateboard park.
s Based on the initial study, if the City determines that there is substantial evidence in the record that the project
may have a significant effect on the environment, the City must prepare an EIR. 14 Cal. Code Regs. § 15064( f)( 1 ).
If the City determanes that there is substantial evidence in the record that the project may have a significant effect on
the environment but the City determines that revisions in the project plans or proposals made by, or agreed to by the
applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the
environment would occur and there is no substantial evidence in light of the whole record before the City that the
project, as revised may have a significant effect on the environment. then a negative declaration shall be prepared.
14 Cal. Code Regs. § 15064(0(2). If the lead agency determines there is no substantial evidence that the project
may have a significant effect on the environment, the lead agency shall prepare a negative declaration. 14 CaL Code
Regs. § 15064(t")(3).
LA3:907909 6
[ 1/17/99 8
List of Exhibits
1. Exhibit A: Letter from Dan Dierken, Facilities Director, Hexfet America, International
Rectifier, to Debbie Ubnoske, Planning Manager, City of Temecula, dated October 13,
1999.
2. Exhibit B: Letter from Dan Dierken, Facilities Director, Hexfet America. International
Rectifier, to Debbie Ubnoske, Planning Manager, City of Temecula, dated November 3,
1999.
3. Exhibit C: City of Temecula Zoning Map.
4. Exhibit D: Declaration of Protective Covenants for Rancho Califomia Business Park,
Article 8. Recorded in the Official Records of Riverside County, Book 1984, Page No.
237558, November 2, 1984.
5. Exhibit E: Letter from J.B. "Pete" Olhasso, at the Direction of the Board of Directors,
Rancho California Business Park Association, to Matt Greenberg, Westmar Commercial
Real Estate, dated June 1, 1999.
6. Exhibit F: Letter from Dennis M, Burke, Fiore, Racobs & Powers on behalf of the
Rancho California Business Park Association, to Planning and Directors Hearing, City of
Temecula, dated October 14, 1999.
LA3:c~07999 6
I 1/17/99 9
ExK ,bd' -
lntemational Rectffier
HEXFET America Facility: 41915 Busir~ess Par~ Drive f~ Temecula [] CA 92590 [] Phone 909-676-7500 [] Fax 909-676-9154
November 3, 1999
Debbie Ubnoske
Planning Manager
City of Temecula
Dear Ms. Lronoske,
We appreciate the opportunity to submit our comments concerning your proposed issuance of a
Conditional Use Permit (CUP) for a children's skateboard park located adjacent to International
Rectifier's HEXFET America facility in the Rancho California Business Park in the City of
Temecula {City).
International P, ecti~er is extremely concerned about the potential impacts of the skateboard park in
the location in which it is proposed. International Rectifier urges the City to deny issuance of a
CUP for the skateboard park in its proposed location for the following reasons: (1) the proposed
use is incompatible with surrounding uses, (2) the proposed use is a violation of private land use
restrictions, and (3) the proposed project involves significant impacts under the California
Environmental Quality Act {CEQA), for which further study is required. These concerns are
discussed in more detail below.
1. A CUP Should Not Be Issued because the Proposed Use Is Incompatible With
Surrounding Uses
Siting a skateboard park in an industrial business park is inconsistent with the City of Temecula's
zoning regulations and standards for issuance of a CUP. The Kancho California Business Park is
properly classified as a light industrial district (LI) under the Temecula Municipal Code zoning
ordinance, because ks owners and tenants engage in uses such as manufacturing, compounding of
materials, processing, assembling, packaging, treatment or fabrication of materials, and products
which require frequent truck activity or the transfer of heavy or bulky items. TIle Temacula zoning
ordinances appropriately prohibk uses which might accommodate children ~uch as day care centers,
candy sales, health and exercise clubs, ice cream parlors, hotel/motels, movie theaters, and fast food
restaurants from being sited in a light industrial district, because such child-oriented activities are
incompatible with light industrial activities. (Although the zoning ordinance permits sports and
recreatior.~; facilkies to be sited in a light industrial zone through the issuance of a conditional use
permit, k is understood that such uses are typically for the purpose of accommodating personnel of
the industrial park, not to attract children to industrial parks.) The reasons for disallowing uses that
accommodate children in a light industrial park are applicable to the Rancho California Business
Park, and the City should not deviate from the decisions embodied in its zoning ordinance to grant a
CLIP for a skateboard park in the proposed location.
ltgU:I:T. IIII.:IIID1
Ms. Debbio Ubnoske I 1 I/3/99
Notwithstanding that the Temecula zoning ordinances do not allow a skateboard park to be sited in
an area zoned light industrial, the City is being requested to grant a CUP for this child-oriented use.
In order to grant a CUP, the City must find that "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." [Temecula
Municipal Code Section 17.04.010(E)(1X a)]. Under this standard, the CUP for the proposed
skateboard park must be denied because the skateboard park is not compatible with adjacent uses
and will have an adverse effect on such adjacent uses.
a. A skateboard park is an incompatible use in a light industrial park
The use of a facility as a skateboard park is not compatible with the intended uses of an industrial
Park which are designed to accommodate manufacturing uses in an area separate ~'om
neighborhoods where recreational activities are likely to be conducted. As you are aware, the
property proposed for the skateboard park is located in a busy indusU'ial park where industries
including International Recti~er and Chemicon conduct manufacturing operations, use heavy
equipment, generate noise levels appropriate for an industrial park, and use and store hazardous
chemicals and gases. Although International Recti~er has operated internationally for over 50 years
without a material safety or environmental incident, we are aware that even the safest of
manufacturing and industrial operations could experience an accident or unplanned release under
certain circumstances, such ~ a natural disaster scenario. The well-established noise control
procedures and safety systems used in industrial parks are not intended for the protection of childv
in adjacent playgrounds. Simatlng a skateboard park in the vicinity of industrial operations poses
unnecessary and inappropriate risks to the youngsters who will use it and raises unacceptable
liability concerns For the adjacent industrial businesses and the city of Temecula.
b. A skateboard park will have an adverse effect on adjacent uses because it will chill
economic development in the light industrial park
Locating a recreational activity intended for children in a busy industrial park will also have an
adverse impact on the development of industrial uses in this area. International Rectifier currently
employs over 600 people in the Temecula area, and our site in the Business Park often
opportunities w expand operations and create more jobs. Approval of the Skateboard Park would
throw up serious roadblocks to our possible future expansion in Temecula, because expansions that
are safe and appropriate in an industrial area would receive greater scrutiny in an area used for child
recreation purposes. This adverse impact on development would have a chilling effect on the
development plans of other businesses in the area as well as International Rectifier.
Because a skateboard park is an incompatible use and will have an adverse effect on surrounding
uses, the City should deny the application for a CUP. Companies such as International Pegdrier
have developed their businesses and invested in the community over the long term based on the
understanding that incompatible uses would be pwhibited by applicable regulatory requirements
and other private development restrictions placed on the parcels. Approval of the CUP is
inconsistent with the City's standards and the land use decisions documented in the zoning
ordinances.
2. The Proposed Use Is a Violation of Private Land Use Restrictions
The proposed skateboard park is located within the Rancho California Business Park Association
(Association). Private land use covenants, conditions, and restrictions for the Rancho Califorma
Business Park are set forth in the Declaration of Protective Covenants for P~ancho Califurma
Business Park, recorded in the Official Records of Kiverside County, Book 1984, Page No. 237558,
November 2, 1984 (Declaration). Article 8 Section 8.1.1 of the Declaration defines permitted uses,
and states that:
"the improvement, operation and use of a Lot shall be restricted to engineering, research,
office, warehousing and distribution, and light manufacturing oper~on and accessory uses
incidental thereto, and such retcal and commercial operations, e~ressly approved by the
Committee m writing, as may be of service to, and in harmony with, a quality inctustrial park
development." (emphasis added)
As stated in a letter dated October 14, 1999 submitted by Dennis M. Burke at the Planning and
Director's Hearing (the October 14, 1999 letter), the Association has denied the property owner' s
application for approval of the skateboard park. The Association's denial of approval of the
skateboard park was proper because the skateboard park will create an unreasonable ha,ard and
interference with the primary purpose of the light industrial park. As stated in the October 14, 1999
letter, owners in the industrial park have already complained that the skateboard park would limit
their ability to develop their property and/or atta~t tenants, and chill the ability of the owners to
expand existing uses. This outcome is not "of service to, and in harmony with, a quality industrial
park development." International P, ecti~er fully supports the Association's reasons for opposing
the CUP stated in the October 14, 1999 letter.
The Declaration is a binding legal restriction on uses of the industrial park property. Imernational
Rectifier does not believe that the City should approve a use in an area subject to private land use
restrictions that has reasonably been deemed incompatible by the representative association of the
light industrial park ownen, lessees, tenants, etc. Nor is it appropriate for the City to assist the
project proponent in its efforts to avoid the legally binding covenants that apply to the property.
Occupants of the Rancho California Busincas Park such as International Recti~er operate in
compliance with the conditions set forth in the Declaration, and have the fight to rely on these
conditions to preserve public safety, economic interests, and the quality of the commercial
environment at the Business Park.
The Proposed Project Will Lead to Significant Environmental Impacts Requiring
Review Under the California Environmental Quality Act (CEQA)
CEQA requires a public agency to prepare a detailed Environmental Impact Report (EIR) as
opposed to a less comprehensive Negative Declaration if there is substantial evidence in the record
that the project may have a significant effect on the environment, 14 Cal. Code Regs, §15064(f)(1).
As indicated above, there are many significant adverse impacts that potentially could result fi'om
allowing a skateboard parlc to operate adjacent to an industrial park. For example, the project could
create adverse noise impacts that are incompatible with a business enviromnent. Industrial noises
may have an inapproptiate impact on children, and the screams and shouts of children may be
distncting to industrial business worken. The presence of children darting in and out of traffic
could lead to an increase in emergency incidents. that could negatively impact public services.
Traffic impacts are also of great concern. As stated in our letter of October 13, 1999 the location of
the skateboard park in the proposed area would be incompatible with the traffic patterns in the
business park. The roads within the Rancho California Business Park are curren~y heavily used by
l&rge trucks; for example, more than 40 trucks per day use Business Park roads to service
International Recti~er alone. The heavy traffic by these large industrial vehicles is incompatible
with use by inexperienced young driven and children who would be in the area on foot, bicycles,
and skates. In addition to increasing tra~c hazards, we believe that adding the traffic associated
with a recreational attraction to the business park' s roads would Eve a detrimental impact on the
Rancho California Business Park's already heavy traffic patterns.
Based on the evidence before the City, a "fair argument" exists that the project may have a
significant effect on the environment, and thus the City is required to prepare an Environmental
Impact Report (EIP,) for the project. 14 Cal. Code Regs.§ 15064(0(1). Preparing an EIR will
ensure not only that significant impacts and potential mitigation measures are studied and identified,
but will also ensure that alternatives to the skateboard park - such as more approptiate locations -
are considered. CEQA provides that no public agency shall approve projects as proposed "if there
are feasible alternatives or feasible mitigation measures available which would substantially lessen
the significant environmental effects of soch projects." Public Resources Code § 21002. It is our
understanding that a potentially feasible alternative site for the skateboard park exists at a nearby
mall across the fleeway from the Business Park Since the proponents of the skateboard park have
stated that the purpose of the park is to provide entertainment to children while ~neir parents are
shopping at the mall, it would be far more appropriate to site such a skateboard park at the mail, as
opposed to in an industrial park across a freeway. International Recti~er urges the City to fully
comply with its obligations under CEQA, including preparation of an ElK, which will help maintain
standards of sensible development that promote public safety and wall-planned economic growth.
For all of the reasons discussed above, we strongly urge the City of TeFnecula to deny the
application for a conditional use permit. Although International Kecti~er supports the children in
this area through many activities, including our annual scholarship program, we think it is important
to provide recreational opportunities for children in places that provide an approptiata and safe
environment. A light industrial park is not a proper environment for such activities.
The proposed skateboard park would constitute a use that is incompatible with the private and
public purposes for which the P, ancho California Business Park was designed.
Thank you for the opportunity to address this serious issue.
Sincerely,
Dan Dierken
F~cilities Director
Hex~et America, International Recti~er
Ms. Debbie LPonaske 5 11/3/99
Re~ordin~ r~ques~ed by and
when recorded return
Kaiser Development Company
27405 Ynez Road / Temecula
Rancho California, CA 92390
Ag=n.: Legal Depar=men=
Exh~b,4-- C
-DECLkRATION OF PROTECTIVE COVINANTS
FOR
RANCliO CALIFORNIA BUSHUS PARK
An Industrial/Commercial Business Park
DEE101884/CCR$3
(15) days following any request from any Owner or Lessee, the Committee shall
certify in writing whether any amounts are due and osring pursuant to this paragr- '
~ich respect co the real property of any such Owner or the leasehold interest of
such Lessee. The remedy set forth he=sin shall noc be exclusive but may be utilized
in conjunction with ocher remedies permitted by law, including, bur noc limited co,
eviction proceedings, injunction, restraining orders, foreclosure or actions to
quiet title to enforce =he provisions of this Declare=ion. In the event any such
actions are instituted, the prevailing parry as determined by the trial of the case,
shall be entitled to reasonable attorney fees, legal costs and expenses.
ARTICLE 8
LA~ CLASSIFICATION, PERMITTED USES AND RESTRICTIONS
8.1 Permitted Uses; Nuisances.
8.1.1 Permitted Opera=ions and Uses. The improvement, operation and
use of a Lot shall be restricted to engineering, research, office, gatehousing and
distribution, and light manufacturing operations and accessory uses incidental
thereto, and such retail and commercial operations, expressly approved by the
Committee in writing, as may be of service to, and in harmony rich, a quality
industrial park development, all of such nature and type as st//1 not create or e
offensive, hazardous or excessive qua=cities of dust, dirt, fly ash, smoke, noise,
fumes, odors or vibrations, or create fire, explosion or other hazards. There shall
be no usage of hazardous and/or toxic chemicals and/or waste upon or within the
improvement, operation or use of a Lot unless =he use and disposal of said hazardous
and/or tort= chemicals and/or waste is approved by the appropriate governmental
and'/or non-governmental agency regulXting such use and disposal of said hazardous
and/or toxic cb*m~cals and/or waste and that the use and disposal does not cause
ground ar ground water contsm~nation. Upon written request thereof, ~hs Commi~t~e
shall be provided with evidence that proper controla~ measures, or devices will be
provided to insure and protect the interest, safe=7, and general welfare of other
occupants of the Park from any end all such nuisances or hazards. All applicable
local, County, State or Federal laws, codes or ordinances shall be complied with.
8.1.2 Prohibited Uses. The following operations and uses shall no= be
permitted"on any property subJec~ co these Declarations:
1. Residential (including caretakerzs quarters);
2. Camping;
3. ~bile Home sales and storage yards or ~railer or
DEE081684/CC~3 -24-
rec=ea~ional vehicle courts or sales facili:fes;
4. .Labor camps;
5. Junk yards and auEo dismantling opera=ions;
6. Dis=illaEion of bones;
7. Dumping, disposal, incineraEion or reducEion of
garbage, sevage, dead animals, refuse or silage;
8. Say or placing mills;
9. HanufacEuring or production of cemenE, lime asphalE,
gIpsum, fireworks, wood pulp or the like;
10. Production of fish produces, sauerkraut, vinegar or
the
11. Fac rendering;
12. SEockyard or slaughtering of animals;
13. Surface mining operations;
14. Smelcing'of iron, Eln, zinc or ocher ores;
15. Cemeteries;
Tent shelters or storage facilities;
17. Processing of sugar beets;
18. Gasoline service stations, garages and auco repair,
automotive paine and body shops;
19. Drilling for and/or nhe removal of oil, gas or oEher
hydrocarbon substances.
20. Refining of peEroleum or ocher hydrocarbon produces
or by-producEs or Ehe storage of such produces and
by-producEs;
21.' Minufa~cu~ing or distillation of chemicgls
ocher operation involving offensive odors, noise
levPls or air pollution or such ocher operation or
use wttich is deemed by the ComEtee in iEs sole and
absolute discretion co be dangerous, unsafe,
offensive or harmful Eo the senses or vhich is deemed
=o consciEuce a nuisance;
22. Jail or deEenticE facilities; and
23. ~ gatehouses such as public storage faclliEles.
24. Truck Terminals
DEE08168&/CCRS3 -25-
The aforementioned prohibited uses are not intended ~o be all inclusive
and no LoC shall be utilized by a purchaser for an activity or puTpose consider
L~ nhe CommiEcee Co be objectionable as an intrusion into the environment of sound,
~ odor, visual effect or physical impact which in its opinion will disturb or rend co
.-~ disturb the ocher Owners of Lots in the Park or which is deemed ~o cons~icuce a
nuisance; provided chac the approval of The Committee co any use shall noC be
unreasonably or arbitrarily withheld.
8.1.3 Specially Pemicred ~era=ions and Uses. ~eracions and uses
which are neicher specifically prohibi~ed nor specifically auchorized by
Declaracionuy be pe~CCed in a specific case if approved in~iCin~ by ~he
Comic=ee. ~proval or disapproval sh~l be bued upon consideration of the effect
of such operations or uses on ocher property subject co this Declaration ~d upon
=he occupants Chereof.
8.1.~ Nuisances. No ~er, Lessee, Licenses or Occup~c shall create
nuis~ce co the Park or ocher proper=~ in the ~c~iC7 of the Park. No ~bbish or
debris of any kind shall be placed or pe~cced co acc~lace upon or adjacent
~y Loc, includin~ cons=~ccion seaSin~ areas,
..... arise therefrom so.as =o.render any Lo= or portion thereof uusa~ca~, unsiKhcly,
o~fensive or decr~encal co any proper~y in the vicinity thereof or co the occu~
chefsol durinS che inl=l~ cons=mcCion or operacion of the ~rovemencs~ No us
operation shall be conducced in che Park which is ~reasonably no~ous,
'objectionable, unsightly or decr~en=al co ochers in ~y ----er ~d due ~o an~
cause, such as, buc noc l~ced ~o, vibracion, s~d, elecCr~e~ical
disturbances, eleccro~ecic dis=urbances, radiation, air or racer po~u=ion, dust
or e~ssion of odorous ~oxic ~dnon-co~c ~ccers.
8.2 Variances. The Ct~--4~cee is hereby authorized and ~red co grant
variances for commercial or retail uses eriCbin che Park in addition co chose listed
in Paragraph 8.1.1 and Co further grant reasonable variances from the provisions of
chis DeclaraCion, or any portion hereof, in order Co overcome practical difficulties
and co prevent unnecessaz7 hardship in the applicaCion of the provisions contained
herein, PROVIDED, HO~EVEa, chaC said variances shall noc materially injure any of
the property or Improvements in the Park, and shall ochersrise be subject co all
applicabl~' laws, ordinances, rules and re~ula=lons of any governmental agency or
political entity having Jurisdiction over the Park. No variance granted pursuant co
the authority granted herein shall constitute a waiver of any ocher provision of
this Declaration as applied =o any person or real property.
DEE081684/CCRS3 -26-
2548| r6kN(:~,O c,AJ.~. T~.
$UITI lot
C~
~ (~ 67~1~
June 1, 1999
Eqmty
MANAGEMENT
Mat~ Greenberg
Wes'oTtar Commercial Real Estate
27311 Jefferson Avenue #103
Temecula CA 92590-5601
S~bjec'c
Rancho California Business Park Association
Your May 18, 1999 Letter Concerning 43300 Business Park Drive
Dear Mlt~:
This let'tar is a follow-up To our conversation held May 26, 1999. The Board of Directors is in
receipt of your le~ar regarding The proposed, indoor skatepark at the above noted property.
After fully reviewing ~e matter the Board of Directors daniel your request To install an indoor
skatelark: per Article 8.1.3 of me CC&Rs.
The Board of Directors is colteemed thet a skatepark will mot youths to the. indus'=lal park. The
induatrlaJ park is neither de, signed for, nor ;.,ianded for use by youths. The indo~x skatspark is not
consis~ with The CC&Rs or ~e sun'ound'mg indus~isl usages. Of major concern TO the Board is
the poleffial fo~ rash, etc. To be sl~ead from the N,'ffing lot throughout the en~re park thereby
creating an unsigrm'y mess to ~e Association's su~ounding Woperfies and common are-__-; Youths
on skates/~ards WiG find 'every set of steps, slom, handrails, etc. on which To skate. It is
imma~tle for the operators of the indoor skae~m To conlzol aclivffies outside the skatepark.
The Board of Directors is funt~r concerned about the resultant traffic problems and the inability
require parems to drive into tte skatepark To pick up and drop off their chfidran.
Unsuparvised youths within an indusffiai pafi~ is not consistent with the Assodation's CC&Rs. The
CC&Rs are designed TO p,v~ct and enhance an industrial park, not protect and enhance the
activities of yotmhs.
Should you have any questions, pieMe feel free to g;ve me a ceil.
Sincerely,
At the Oirec'cion of the Boare
JBO/db
co NM I Corre/Mlsc
CORRS\PRORSKATE. RRp
FIORE. R~COBS & POWERS
, RIV~R~IDE. CALIFQRNIA i2~OH3|0
pDnnlng Slid Directors Hearing
City of Temecula
Ocwber 14, 1999; 1:30 p.m.
Subject:
AFplicadon for a Conditional Use Permi~ for Skar:board Park
ObjecUons of Rancho Cali/ornia Business Park Association
The undersi~n~d represents the Rancho California Business Park Association ("Association").
The site for The proposed skateboard park is located with;- the Association. The AssociaIion
h~, already denied the property ow~er's application for Association approval for The skateboard park.
For the reasons set forth below, the Association opposes is;,.nce of a conditional use permit f,~r the
proposed slateboard park and reques5 thai the CiTy deny the same.
I. Unacceptable Liability. Risk
It is inevitable that a skaxeboard park will scraci ~hildren on skateboards. Those children will
be riding their skaleboards m and from .,~d around the facility. Every nearby curb, driveway,
sidewalk; plan~ or bump in the road will be incorporaled inrn a skaleboard trirlr or jtlBlp, Children
on skaleboards will be dar~_~ in and out of the stre~ (Business Park Drive) and surro,,-~i-~
properties during die daytlule and ~veuing.
Business Park Drive is already a heavily used avenue for wacks and large commercial vehicles.
Tzucics will be making deliveries and pickups for rJae existin~ indusu-hl uses within the project. The
indusu-ial use across The s~en from the proposed skateboazd ranch site informs the Association tint up
to 40 u'ucks a day visit ils site. That is at least 80 rack ulps pss~ the sPareboard park from that one
use alone.
AUnC'TinS children on skateboards m such a lumvily usmi sxreet is a recipe for disaster. It will
only be a ma,er of rime before a child darts out in front of and is hit by a truck or car. A mote likely
scenario is a nrar miss, where a u'uck or car swerves into opposing traffic w avoid sulking a ct~ld.
ATTACHMENT NO. 7
Letters Received Regarding Project
F:\DEPTS\PLANNING\STAFFRPT\266pa99.AppeaI.CC.doc
20
AUGUST 2, 1999
Mr. John DeGange
City Planner
City Of Temecula
P. O. Box 9033
Temecula, CA 92589-9033
ph. 694-6444
fax 694-1999
2
De~ Sir,
It has been brought to our attention that there is a proposed indoor skateboard
facility looking to take occupancy of the office/warehouse space next door to our place of
business at 43300 Business Park Drive in Temeeula.
As per the telephone conversation between you and our office. this letter is
sent in hopes of voicing my concerns and possibly stopping this ~'om taking place.
With expensive manufacturing machinery, inventory, and computer systems on the premises,
our concern is security and the possibility of vandalism. Our business hours are Monday
through Friday 7:00 a.m. to 5:00 p.m., leaving our business unattended until the closing hours
of the proposed skate park on weekdays and all day Saturdays and Sundays.
Another concem is parking and traffic. Our business ships and receives continuously
throughout the day and it is mandatory that the semi trucks have access to our building. With
the existing Church traffic in the complex being very heavy. at times. combining this with the
additional traffic the skatepark will generate is more than the complex was designed for.
Also with this added traffic comes safety issues. large trucks and forklilts in the best of
circumstances don't mix with children and open the door for possible law suites.
Along with noise.trash and loitering as possible problems we feel that the proposed use of
this light manufacturing space is unreasonable and not a good fit for this complex.
John Salzbrunn
resident
Northstar Tools Inc.
43300 BUSINESS PARK DR. SUITE A104. TEMECULA. CA 92590
PHONE 909-695-7008 FAX 909-695-7010
'=JanTel
~ O R P O R A T I O N
43300 Business Park 0r.
Ste. A-101
Temecula, CA 92590
Phone: 98g.308.1111
Fax: 909.506.9452
hltp:/www. bamel.com
NCR
Authorized Distributor
and
Service Center
August 2"a 1999
,Vd'. John DeGange
City. Planner
City. of Temecula
P.O. Box 9033
Tomecula. CA 92589-9033
Thank you for taking the time to consxder my letter regarding the proposed skatetx~u.d park at
43300 Business Park Drive. We have recen~y met uqth our propon).. manager. various tenanLs of
our office complex and the gendeman pwposing the buildout of a ,i,a~eboard I:mk next door to
our office and warehouse. We have serious resev.'ations regarding this project and we would lik~
to detail just a few of them below. prior to the public heanng which we are told is imminent
· Noise:
We feel the close pro.,arm.ty of this proposed park to our offices. meeting and confenmce room
will gready impact our abili.ty to conduct business in a re~ and quiet fn,mhiOn.
· Business Reputation:
Our customers visit us daily. they. include Presidents. Chairman of the boards and CEO's of
national banking institutions in the 2 billion dollar range and higher.
· Security and Safety:
Our mghmme and weekend secretarial s'taft have voiced gnve concerns regarding potential
altorcauons and n~u~lts in the proposed shared parking areas.
· Parking:
Currently tunce a week our buszness neighbor the Temecula Valley. Christm Center puts on
wonderful youth night services. Our proicing lot f~is to overflowing i~.' 2:00 PM
How will the skateboard park alfea our abili.ty to park receive customers and
· Litter:
We have read the ackiitionai terms proposed bS.' the pmporty mnn~ger and we do v.~t feel it is as
comprehensive as should be rcqtured to keep our area
· Chemicni, Biological or Hazardous Material Evacuation:
Within our business complex are compames thnt store and sell every disease known to man. as
well as reputed biologycut %~ffare agents. Additionally. we have manthractunng conglomerates
that recewe hazardous material shipments daily. Have the ev-ncuatlon and trenune~t plans of
these compm'ues been probefly evuluated as to that effecuveness regarding "200 a day. or more"
skateboarding youths directly across the stt~et ? or downwind from their stol'nge fatill.W?
· Current Zoning Regulatsons:
This industrial comptex is just that a light industrial office park, not avenue for paints to have
their youths bebysat as the organizer of this park has mentioned. I am sul'e there are locations far
beller stated for this v,. 'pe of rccrearwn and far safer for all concerned than 43000 Bunness Patio
[n closing let me say that l do not feel this proposed skateboard park is in the besl intvesl of the
corninanity. the business community and their ability to nonduet business. 1 311o do Itot feel the
sa~e.~ of the childsen has been properly considereeL Let me add that should this park. at this
Iocauon. become a possibility. 1%%qll do all that ~s m my power to tully public oplmon aBainst it.
ATM's are
our Business
Sincereh'.
Vice President
BanTel Comornt~on
BanTel
CORPORATION
AuSu~3d 1999
43309 Business Palit Dr.
Ste. A-101
Temecula, CA 92590
Phone: g09.308.1111
Fat 909.506.9452
http:/www,banteLcom
NCR
Authorized Distributor
and
Service Center
P.O; .]~a: 9033
Te~=:tda. CA 92589-9033
While act~8 on the behalf of the Pn:idcst of BaaTd Cozl~ora~ion~ ~. 1~
~ w~ b ~t~ hi~g ~ ~ ~ m you a ~ oN~;-g m
~pm~,~e-~on~2~of~_ ~t~ch~.
S~s' ~at~~inb~rof~~d p~b.~
~ ~e ~ ~i~ ~vc fo~ ~ to ~ ~ 1~ of ~j~
Imu~m~w, for tt~ record, retract that lctter ofobjection_ The positio~ofk
Cmlxu'afionand it'sPnsidentwhileunciearatthemon=mwillb~sdidified~,/
Mr. Saputos' ~ to the 5:~t~ and I am cottdazt be will ma~c his
lotown to you pe.~omdJy. Whether for or againsl this projecL
I would l[kc to apologize for am/confusion this may have caused you.
Vice Pr~id-~
BanTel Corpora~on
ATM's are
our Business
BanTel
0 R P 0 R A T I 0 N
August 4m 1999
Mr. John DeGange
City. Planner
City of Temecula
P.O. Box 9033
Temecula. CA 92589-9033
43300 Business Park Dr.
Ste. A-101
Temecula, CA 92590
Phone: 909,308.1111
Fax: 909,506.9452
http:/www. bantel.com
NCR
Authorized Distributor
and
Service Center
Dear Mr. DeGange,
Let me introduce myself, my name is Joe Saputo. I am the Presidem and CEO of
BanTel Corporation. I have only returned late last night from two w~ks in
Europe. In my absence, my second in command, Mr. Chet Gorman was instruetec
by me to record our disapproval of the skate board park slated for our light
industrial and manufacturing office complex.
On the 2"~ of this month Mr. Gorman sent you a letter detailing our objections.
The afternoon of the 2"" Mr. Gorman received a threatening call from the buildin
owner, a Mr. Paul Akian. Mr Akian unequivocally told Mr. Gormaa that if he did
not retract our letter of objection immediately that our lease would not be re~ewef
this coming December and we would be forced to relocate our offices. Not
wanting to be responsible for our eviction, Mr. Gorman retracted his letter of
objection. This is expressly against my wishes. I am emphatically opposed to this
lunacy of locating a skate.board park in this area.
The original letter of objection sent to you should be placed in the official record
as to our feelings regarding this issue. Mr. Gorman will be present at the hearings
to state our feelings in person. Let me also state for the record that threats and
underhanded business practices will not sway us from our decision. If objecting
to this skate board park and stating the facts as we see them should cause us to
lose our lease. so be it! The safe .ty of the children and our employees comes tim.
ATM's are
our Business
SincereLy,
/, .,7,_.T~.osep~h / d- ~ S to
'l~esident, CEO
BanTel Corporation
xc- :lntemational Rectifier
HEXFETAmerica I"acaitv: 41915 Business Park Drive _' Ternecula C, CA 92590 C_ Phone 909-676-7500 _' Fax 909-676-9154
October 13, 1999
Ms. Debbie Ubnoske
Planning Manager, City of Temecula.
43174 Business Park Drive
Temecula, CA 92590
Dear Ms. Ubnoske
It has come to International Recti~er's attention that the City of Temecula is considering
an application for a Conditional Use Permit to allow property located adjacent to our
manufacturing facility in the Kancho California Business Park to be used for a children's
skateboard park. We urge the City of Temecula to deny this Conditional Use Permit
application because the proposed use of the property for a skatehoard park is not
compatible with the adjacent industrial park uses.
Industrial parks were established to separate manufacturing operations from
neighborhoods and are generally considered incompatible with recreational activities
such as a skateboard park. As you are aware, the property proposed for a skateboard park
is located in a busy industrial park where industries conduct manufacturing operations
use heavy equipment, generate noise levels appropriate for an industrial park, and use and
store hazardous chemicals and gases. Although International Rectifier has operated
internationally for over 50 years without a safety or environmental incident, we are aware
that even the safest of manufacturing and industrial operations could experience an
accident or unplanned release under certain circumstances, such as a natural disaster
scenario. The well established noise control procedures and safety systems used in
industrial parks are not intended for the protection of children in adjacent playgrounds.
Situating a skateboard park in the vicinity of industrial operations poses unnecessary and
inappropriate risks to the youngsters who will use it and raises unnecessary liability
concerns for the adjacent industrial businesses.
The City should also consider that locating a recreational activity intended for children in
a busy industrial park will also have an adverse impact on the development of industrial
uses in this area. International Rectifier currently employs over 600 people in the
Temecula area, and our site in the Business Park offers opportunities to expand
operations and create more jobs. Approval of the skateboard park would create serious
roadblocks to our possible future expansion in Temecula, because expansions that are
safe and appropriate in an industrial area would receive greater scrutiny in an area used
for child recreation purposes. This adverse impact on development would have a chilling
effect on the development plans of other businesses in the area as well as International
Rectifier.
It'.:XFP. iJII.:IIIft
MANUFACTURING FACILITIES UNITED STATES CANADA GREAT J~RITA~N INDIA ITALY AND MEXICO WITH SALES OFFICES/~ND OISTRIBUTORS IN MAJOR CIIIES THROUGHOUT THE WORLD
Page (2)
Debbie Ubnoske
Finally, the location of the skateboard park in the proposed area would be incompatible
with the traffic patterns in the Business Park. The roads within the Business Park are
currently heavily used by large trucks. For example, more than 40 trucks per day use
Business Park roads to service International Recti~er alone. The heavy traffic by these
large industrial vehicles is incompatible with use by inexperienced young drivers and
children who would be in the area on foot, bicycles, and skateboards. Moreover, we
believe that adding the ti'affic associated with a recreational attraction to the
Business Park' s roads would have a detrimental impact on our already heavy traffic
patterns. In this regard, we are concerned that the City of Temecula has not adequately
studied the environmental impacts of this additional traffic, and we believe the City
should do so before making a determination on the Conditional Use Permit.
The City of Temecula should also consider the economic consequences of permitting this
incompatible use in the Business Park. The current industrial occupants of the Business
Park contribute greatly to Temecula's economy. International Rectifier alone has a $:29
million payroll, and last year paid $1.6 million in local taxes and generated business for
dozens of local businesses. As mentioned above, the addition ofa children's attraction to
this area would both chill further expansion, encourage companies currently operating in
the Business Park to consider relocating, and discourage other companies from moving
into the area. We believe the Business Park' s contribution to Temecula's quality of life
and economy far outweigh any hoped-for benefit from a skateboard park that would be
far better situated outside the Business Park.
In summary, we urge the City of Temecula to deny the application for a Conditional Use
Permit because the City cannot reasonably find that the proposed use will not adversely
affect existing uses in the Business Park. Although International Recti~er supports the
children in this area through many activities (including our Annual Scholarship Program,
Summer Intern Program, Toys for Tots, United Way, etc.), we think it is important to
provide recreational opportunities for children in areas that provide an appropriate and
safe environment, without adding liability risk for the companies in the Business Park.
Thank you for the opportunity to address this serious issue.
Sincerely,
Dan Dierken
Facilities Director
HEXFET America, International Recti~er
RICHARD S. FiGRE
PETER E RACOBS
JANET L S ROWERS
ER~N A MALO NEy
WILFRED J SCHNEIDER, JR
CHESTER A PUCHALSKI
C MARK HORKINS
MARGARET G WANGLER
JAMES C HARKINS. IV *
DENNIS M BURKE
CHRISTOPHER M JOHNSON
MICHAI~L R PERRY
THOMAS L. BOSWORTH
F'tORE, RACOBS & POWERS
6670 ALESSANDRO, SUITE B
RIVERSIDE. CALIFORNIA 92506-63 I 0
TELEPHONE (909) 789~8100
FAX (909) 789-8105
WORLD WIDE WEB SITE
htt0://www fiorellew Corn
ORANGE COUNTY OFFICE
38 TECHNOLOGY DRIVE, SUITE 250
Planning and Directors Hearing
City of Temecula
October 14, 1999; 1:30 p.m.
Re:
Subject:
Application for a Conditional Use Permit for Skateboard Park
Objections of Rancho California Business Park Association
The undersigned represents the Rancho California Business Park Association ("Association").
The site for the proposed skateboard park is located within the Association. The Association
has already denied the property owner's application for Association approval for the skateboard park.
For the reasons set forth below, the Association opposes issuance of a conditional use permit for the
proposed skateboard park and requests that the City deny the same.
1. Unacceptable Liability Risk
It is inevitable that a skateboard park will attract children on skateboards. Those children will
be riding their skateboards to and from and around the facility. Every nearby curb. driveway,
sidewalk, planter or bump in the road will be incorporated into a skateboard trick or jump. Children
on skateboards will be darting in and out of the street (Business Park Drive) and surrounding
properties during the daytime and evening.
Business Park Drive is already a heavily used avenue for trucks and large commercial vehicles.
Trucks will be making deliveries and pickups for the existing industrial uses within the project. The
industrial use across the street from the proposed skateboard ranch site informs the Association that up
to 40 trucks a day visit its site. That is at least 80 truck trips past the skateboard park from that one
use alone.
Attracting children on skateboards to such a heavily used street is a recipe for disaster. It will
only be a matter of time before a child darts out in front of and is hit by a truck or car. A more likely
scenario is a near miss, where a truck or car swerves into opposing traffic to avoid striking a child.
00130123 WPD
Although the child's life may be ~pared, the victims of the resulting traffic accident may not be as
lucky. In the event one or more of the vehicles involved in such an incident have a payload of
chemicals or other volatile material, a spill or rupture could threaten everyone in the vicinity. If so,
there will be no safe or sane way to evacuate the children from the skateboard park.
2. Chilling Effect on Existing and Proposed Uses
A more subtle, but important, side effect of allowing the skateboard park would be the
resulting chilling effect on the ability to operate existing uses, expand existing uses and attract new,
high quality light industry.
The presence of large numbers of children in the industrial park will impose significant and
additional burdens upon the ability to operate an industrial use within the industrial park. Children are
highly sensitive recepturs. As a result, emissions standards for uses within the park will tighten,
thereby increasing the cost of operation. The presence of children nearby will result in increased
internal and external mitigation measures from a host of permitting agencies, including the City, once
again increasing the cost of operation. Finally, the increased liability risk discussed above will drive
away otherwise attractive uses.
The Association has already seen evidence of this chilling effect. Owners have called the
Association to complain that allowing the skateboard park will limit their ability to develop their
property and/or attract tenants. Other owners have reported to the Association that the presence of the
skateboard park will limit their ability to expand existing uses because of the increased regulatory
burden. In short, the light, clean industry and resulting employment so desired by the City and its
residents will turn away because of the demonstrated problems and difficulties of attempting to operate
a business in close proximity to a use heavily visited by children.
3. Conclusion
The proposed use is simply incompatible with the existing uses. Under no set of circumstances
does it make sense to insert a magnet for unaccompanied and unsupervised children into the heart of
an industrial park. No amount of mitigation measures can reduce the liability risk to an acceptable
level. Allowing the skateboard park to be installed in the proposed location will drive away existing
and potential business and industrial uses. The resulting increase in liability and loss of business if the
skateboard park is allowed will be a net loss for the city and its residents.
Respectfully submitted by
FIORE, RACOBS & POWERS
Dennis M. Burke
On behalf of Rancho California Business
Park Association
00130123 WPD
DEPARTMENTAL
REPORTS
APPROVAL
CITY ATTORNEY
DIRECTOR OF FIN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council/City Manager
Anthony J. Elmo, Chief Building Official
December 14, 1999
Departmental Report
November 1999
PREPARED BY:
Carol Brockmeier, Administrative Secretary
TOTAL NUMBER OF PERMITS ISSUED ...................................................................188
NSFR ..................................................................................................................56
NCOM .................................................................................................................20
TOTAL VALUATION .....................................................................................$13,680,327
TOTAL NUMBER OF INSPECTIONS PERFORMED (excluding the Mall) ...............491
CODE ENFORCEMENT ACTIONS ...........................................................................1250
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Pete Labahn, Chief of Police
December 14. 1999
Monthly Depadmental Report
RECOMMENDATION: Attached for City Council's review and filing is the Police Department's
Monthly Activity Report for the month of November, 1999.
CITY OF TEMECULA POP TEAM
MONTHLY ACTIVITY REPORT
TO: Lt. Domehoe, cc: Lt. Bates DATE: December 1, 1999
FM: Sgt. Mitch AIm STATION: Southwest (Temecula)
FOR MONTH OF: November 1999
Number of Personnel Assigned: 06
Number of Personnel in Training (FTO): 0
Number of Personnel in Program: 06 (6 Officers/1 Community Service Officer)
Activity:
Number of program Meetings: 24
Number ofselfinitiated calls: 103
Number of felony arrests: 04
Number of assigned calls: 55
Number of citations issued: 96
Number of Misdemeanor arrests: 57
Summary of program activity:
1. Temecula A~ainst Graffiti Program (T.A.G.I:
One program was completed on November 12, 1999. Six Volunteers assisted both POP Officers. Results
of the program included: No arrests, 0 citations, 06 vehicle checks and 08 pedestrian checks. A new
program was initiated to enhance the arrests for vandalism. Use of a billboard, strategically placed by
Pubtic Works at key areas for monitoring by POP Team during programs. Two graffiti arrests were made
during other other shift hours.
2. Crime Free Multi-Housing Prosram:
One complex, Tuscanny Ridge Apartments was certified in November 1999. 16 out of the 24 (66%) city-
wide complexes are certified as CFMH. No Annual Re-Certifications were completed in November 1999.
Two complexes are in the final stages of the certification process.
3. Proactive Vehicle Enforcement Program:
One program was completed on November 18, 1999. Results included: 37 citations, 04 towed vehicles, 14
juveniles contacted/cited for 308b PC.
4. Off-Road Vehicle Enforcement Program 529 CO.:
Two programs were completed in November 1999 concentrating on Butterfield Stage, the Silverhawk and
Pauba/Anza. Participants included, 02 Reserve Officers, 04 Posse Members and one POP Officer. Results:
02 cites for 529 Co., 03 parking cites and 22 warnings.
5. Every 15 Minutes Prod, ram:
Program dates have been set for March 1 and 2, 2000. Location will be the Temecula Valley High
School. Cooperation and approvals have been gained with ABC, TVUSD, Temecula City Hall, CDF, AMR,
Inland Valley regional Hospital, RSO Coroners Office, Mercy Air and Embassy Suites Hotd of Temecula.
Event committees have been formed and are proceeding with individual goals.
Summary of projected programs for next month:
1. T.A.G. / 529CO. / Proactive Vehicle Enforcement Program: Scheduled for December 1999.
2. Mall Bike Decoy Program: Scheduled for December 10, 1999.
Reviewed by , Station Commander
I
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Mike Brown, City Fire Chief
December 14, 1999
Monthly Departmental Report
RECOMMENDATION: Attached for City Council's review and filing is the Fire Department's
Monthly Activity Report for the month of November, 1999.
Temecula Fire Services
Monthly Activity Statistics
Emergency Activity
Structure Fires
Vehicle Fire
Vegetation Fires
Other Fires
Medical Aids
Traffice Collisions
False Alarms
Fire Menace Standbys
Public Service Assists
Assists and Covers
Totals:
Month: November
Year:
1999
Sta. 12 Sta. 73 Sta. 83 Sta. 84 Total
12 10 7 4 33
3 0 2 I 6
9 4 1 3 17
4 9 3 4 20
54 58 40 51 203
16 0 5 19 40
15 10 1 8 34
8 1 1 2 12
2 4 5 6 17
6 11 2 10 29
129 107 67 108 411
Fire Prevention
Community Activities
School Programs
Fairs and Displays
Company Inspections
LE-38 Doeryard Inspections
Fire Investigations
Burning Permits issued
Preplans
Totals:
Sta. 12 Sta. 73 Sta. 83 Sta. 84
150
10
11
171 0
5
23
1
0 29
Total
0
0
5
173
10
0
12
0
200
By:
H. Windsor Date: 12/06/99
Form B15~1 (4/99)
Temecula Fire Services
MEDIC SQUAD 84 MONTHLY RESPONSE SUMMARY
November 1999
Total Runs for the month: 192
· Medical Aids 127
· Traffic Collisions 35
· Public Service Assists 4
· Fire Menace Standby's 1
· Stnmce Fires 12
· Ringing Alarms 10
· Vegetation Fires 1
· Vehicle Fires 2
Average response time 5.47 minqtes
Longest response time 11 minutes
Medic Squad Canoeled Prior to Patient Contact: 69 (46 times en-route, 23 times on-scene)
Medical Aid Responses with Medic Squad 84 on scene prior to AMR: 48 times
Performed Advanced Life Support prior to the arrival of AMR: 17 times
Public Education Programs
Medic Squad 84 helped instruct the second C.E.R.T. Program at Guidant.
Comments:
The Medic Squad responded to a total of 192 calls in the month of November. The following
information pertains only to calls that were medical aids or traffic collisions,
The Medic Squad responded to a total of 162 medical aid and tra~sc collision calls in the
month of November. Of calls of those two natores, the Medic Squad was cancelled 58 times, or
of the time~ The Medic Squad arrived on-seene prior to AMR 48 times or 29% of the time, Of those
calls, AI~ interventions were initiated 17 times. AMR typically arrived on-scene within 3.8 minutes
after the arrival of the Medic Squad. On 2 instances AMR arrived more than 10 minutes after the
Medic Squad had made patient contact. The Medic Squad has had 6 responses greater than or equal
to 10 minutes. The longest of these responses was 11 minutes. These times are still consistently
occurring on ruponses into the areas served by Stations 73 and 83. There was a generalized
decrease in call volume in the mouth of November and a s~ght overall increase in response time~
This, and all other variations from the data complied in October, does not appear to be statistically
sigRificonL
APPrOVAl
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
December 14, 1999
Department of Public Works Monthly Activity Report
RECOMMENDATION: Attached for City Council's review and filing is the Department of Public
Works' Monthly Activity Reports for the month of November, 1999.
MOACTRPT
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
November/December 1999
Submitted by: William G. Hughes
Date: December 14, 1999
PROJECTS UNDER CONSTRUCTION
1. 1-15 Southbound Auxiliary Lane at Winchester Road
Construction on this project is complete. Final walkthough was done on December 8,
2. 1-15 Southbound Auxiliary Lane at Rancho California Road
Construction on this project is complete. Final walkthough was done on Decereber 8.
3. 1-15/Overland Drive Overcrossing Improvement
The Overland Bridge is now open for through traffic. Stage 3 of Jefferson Avenue improvements ks about 99%
complete. Work remaining includes minor irrigation & landscaping and change order work. Southem California
Edison will mobilize to coreplete the steel pole installation the second week of Deenreber.
4, Paia Road Bridge
The placement of the underground utilities in Stage 1 is complete. Construction of the bridge is also complete.
The construction of the barriers and the sidewalk continue. A proposed sewer line for the Pechanga
Development Corporation has been included in the construction adding a month to the schedule. Bridge opening
is expected in mid February.
5, Traffic Signals Installation on Margarita Road at Pio Pico Road and at Pauba Road
Conswuctiun on these two signals has started. Lane widening on Pauba Rd. completed. Remaining traffic signal
work nearing completion, Turn on for the Panba Road signal is scheduled for December 16, 1999. Underground
work on Pio Pico will begin upon completion of work at Pauba. Completion is scheduled for January 2000.
6. Santa Gertrudis Creek Bike Trail Underflossing at Winchester Road (Hwy. 79 North)
Constxuction on this project is complete. The missing link of the bike path at Winchester road has been
constructed. A bike path undercrossing (under Winchester Road) is in place now'.
7. Street Name Sign Replacement - Phase I
Work on this project is complete. A punchlist was given to the contxaetor and he has completed 80% of it. Therest
of the punchlist items should be completed by the second week of Daccmber.
8. Butterfield Stage Park Improvements
Construction is almost complete. The remaining work consists of the placement of the backboard and net, along
with court striping.
PROJECTS IN DESIGN
1. Pavement Management System
This project will provide street rehabilitation of Jefferson Avenue from the northerly City limits to Rancho
California Road and on Winchester Road from Jefferson Avenue to Diaz Road. This project will also include
the installation of streetlights along the entire length of Jefferson Avenue. Staff has determined that the
rehabilitation of Winchaster Road, fxom Jefferson Avenue to Diaz Road een be done as a separate pmjea. Work
on Jefferson would be delayed until construction of Ove~end is complete. The specifications to rehabilitate
Winchester Road is complete and the project is ready to be advertised for bids. Caltrans approval the project and
funds were appropriated on Nov. 22, 1999. In addition, a geotechnieal firm is being hired to perform limited soils
testing to determine if extensive pavement removal and replacement would be required. The Winchester portion
of this project is in the process of being advertised for bids.
2. Old Town Southside Parking Lots
This project consists of two proposed parking loB. One will be located on the west side of Front Street just north
of Second Street, and the other lot is located on the south side of Fourth Street wast of Front Street. The project
is currently being designed in-house. A landscape architect and an electrical consultant are being utilized to do
the specialty work. The design for the Second Street parking lot is being fmalized. Design for Fourth Street
Parking Lot is on hold.
3. Diaz Road Realignment
The consultant presented to the City two different alignments for Diaz as it is approaching Rancho California
Road. Staff reviewed the available three alignment choices (one from a previous study) and gave the consultant
direction on the preferred alternative. The consultant submitted 30% completed plans the week of November 8m
based on staff direction. Staff is currently reviewing the preferred alignment for traffic circulation end fight-of-
way impacts.
4. Margarita Road Widening, Pauba Road to Dartolo Road
Staff received 30% completed plans late October. A number of issues were addressed with the consultent The
design is moving forward. A second submittal for plan checking is scheduled for December 20, 1999.
5. Santa Gertrudis Bridge Widening at 1-15
This is Phase I1 of the Southbound Auxiliary Lane at Winchester Road project. This project will widen the 1-15
southbound off-ramp at the Santa Gertrudis Creek Bridge to provide for an additional lane from the fleeway to
just north of Winchester Road. The design consultant expects to submit 1~t plan check by mid December.
6. Traffic Signals Design at Pala Road and Loma Linda and at Pain Road and Wolf Valley
A contract with the consultant has just been approvet[ The design of the two signals will be completed in January.
7. Pala Road Improvements - Phase II (79 South to Pechanga Road)
An agreement with DMJM for the design of this project was approved by the City Council at the November 16,
1999 meeting. A kick off meeting is being scheduled.
8. North General Kearney ~ La Colima Sidewalk, Curb & Gutter Street Improvements
This project will install approximately 600' of curb, gutter and sidewalk at the westerly comer of North General
Keamcy and La Colima.
9. Avenida De La Reina Drainage Improvements ~ Carte Aragon Park
Staff is investigating alternatives to fix a drainage problem at this location. A cost estimate will be calcul~t__-cl_ for
each alternative and the most appropriate solution will be designed and implemented.
10. Sports Park Tot Lot Equipment Replacement
This project will replace the tot lot eqt~pment at the Rancho California Sports Park. Preliminaxy Plans have been
reviewed by staff and the consultant will be submitting the final Plans, Specifications and Engineces Cost
Estimate. Project will be advertised and bid in January 2000.
4 R:~ion~lyActivityRepoft\CIP\99~Novemb~r
TO:
FROM: ~/1
DATE:
SUBJECT:
MEMORANDUM
Bill Hughes, Director of Public Works/City Engineer
Brad Buron, Maintenance Superintendent
December 6, 1999
Monthly Activity Report - November, 1999
The following activities were performed by Public Works Department, Street Maintenance Division in-house
personnel for the month of November, 1999:
SIGNS
A. Total signs replaced 7
B. Total signs instafied 36
C. Total signs repaired 8
II.
TREES
A. Total trees tdmmed for sight distance and street sweeping concerns
III.
ASPHALT REPAIRS
A. Total square feet of A. C, repairs
B. Total Tons
7~029
96
IV.
VI.
CATCH BASINS
A. Total catch basins cleaned
RIGHT-OF-WAY WEED ABATEMENT
A. Total square footage for right-of-way abatement
GRAFFITI REMOVAL
A. Total locations
B. Total S.F.
STENCILING
A. 178 New and repainted legends
B. 255 L.F. of new and repainted red curb and striping
8
46,074
31
2,001
Also, City Maintenance staff responded to 40 service order requests ranging from weed abatement,
tree trimming, sign repair, A.C. failures, litter ramoval, and catch basin cleanings. This is compared to
39 service order requests forthe month of November, 1999.
The Maintenance Crew has also put in 131 hours of overtime which indudas standby time, special events
and response to street emergendes.
The total cost for Street Maintenance performed by Contractors for the month of November. 1999 was
$31~286.00 compared to $86~138.58 for the month of October. t999.
Account No. 5402 $ t2,60t.00
Account No. 5401 $ 24,685.00
Account No. 999-5402 $ - 0 -
Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer - (CIP/Traffic)
Greg Butler. Senior Engineer - (Capital Improvements)
Amer Attar, Senior Engineer - (Capital Improvements)
Jerry Alegda, Senior Engineer - (Land I::)evelopment)
°°~ °°8 °8 ~ ~°~8
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of November, 1999
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE
CONTRACTOR:
Date: 11/01/99
# 5401
BECK~R ENGINEERING
JOHN WARNER ROAD AT CABPJLLO
AVENUE
IMPROVEMENTS TO EXISTING DRAINAGE
STRUCTURE
Date: 11/17/99
# 5402
CITYWIDE
TOTAL COST $24,685.00
SAW CUTTING FOR CITY CREW A.C.
PATCH TRUCK
CONTRACTOR:
Date: 11/99
# 5402
WEST COAST ARBORISTS
CITYWIDE R.O.W. TREE TRIMMING
TOTAL COST
TRIMMED 252 R.O.W. TREES
REMOVED 3 R.O.W. TREES
$4,990.00
Date:
TOTAL COST
$ 7,611.00
TOTAL COST ACCOUNT #5401
TOTAL COST ACCOUNT #5402
TOTAL COST ACCOUNT 099-5402
TOTAL COST
$ 24~685.00
$12~601.00
DATE
11/05/99
11/05/99
11/05/99
11/08/99
11/15/99
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF NOVEMBER, 1999
LOCATION
45520 CLASSIC WAY
43090 CORTE SALAMANCA
42195 ROANOAKE STREET
SOUTHERN CROSS AT MOONTIDE COURT
RANCHO CALIFORNIA ROAD AT YNEZ ROAD
WORK COMPLETED
CLEANED & CHECKED 1 CATCH BASINS
CLEANED & CHECKED 1 CATCH BASINS
CLEANED & CHECKED 2 CATCH BASINS
CLEANED & CHECKED 2 CATCH BASINS
CLEANED & CHECKED 2 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 8
DATE
11/02/99
11/08/99
11/08/99
11/09/99
11/18/99
11/18/99
I 1/29/99
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF NOVEMBER, 1999
LOCATION
/EFFERSON STREET NORTH OF RANCHO CALIFORNIA ROAD
SOUTHERN CROSS AT MOONTIDE COURT
31373 PASEO GOLETA
VIA VELEZ
PUJOL STREET CITY LOT
PURBA ROAD AT LA PRIMAVERA
RANCHO VISTA AT AVENIDA DE LA REINA
WORK COMPLETED
TRI/VlMED 27 R.O.W. TREES
TRIMMED 1 R.O.W. TREES
TRIIVl]VlED 2 R.O.W. TREES
TRIMMED I R.O.W. TREES
TRIMMED 1 R.O.W. TREES
TRIIvhMED 1 R.O.W. TREES
TRIMMED I R.O.W. TREES
TOTAL R.O.W. TREES TRIMMED 34
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY WEED ABATEMENT
MONTH OF NOVEMBER 1999
DATE
11/02/99
11/08/99
11/15/99
11/22/99
11/29/99
LOCATION
JEFFERSON AVENUE NORTH OF RANCHO CALIFORIA ROAD ABATED
44823 TROTSDALE DRIVE ABATED
RANCHO CALIFORNIA ROAD ABATED
MARGARITA ROAD AT BUTTERFIELD STAGE ROAD ABATED
JEFFERSON AVENUE NORTH OF RANCHO CALIFORNIA ROAD ABATED
WORK COMPLETED
400 S.F.R.O.W. WEEDS
160 S.F.R.O.W. WEEDS
10 S.F.R.O.W. WEEDS
17,844 S.F.R.O.W. WEEDS
27,660 S.F.R.O.W. WEEDS
TOTAL S.F. R-O-W WEEDS ABATED 46~074 i
DATE
11/03/99
11/04/99
11/08/99
11/09/99
11/10/99
11/15/99
11/16/99
11/17/99
11/18/99
' 8/99
t ~/18/99
11 / 18/99
11/18/99
11/23/99
11/29/99
11/30/99
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DMSION
ASPHALT (POTHOLES) REPAIRS
MONTH OF NOVEMBER, 1999
LOCATION
SCOPE OF WORK
RAINBOW CANYON ROAD
MARGARITA ROAD AT DE PORTOLA
MARGARITA ROAD AT DE PORTOLA
MARGARITA ROAD AT DE PORTOLA
MARGARITA ROAD AT DE PORTOLA
42277 AGENA STREET
RANCHO CALIFORNIA ROAD AT BAHIA VISTA
CABRILLO AT JOI-rN WARNER
CABRILLO AT JOHN WARNER
CABRILLO AT JOHN WARNER
DIAZ ROAD AT RIO NEDO
DIAZ ROAD AT SARAH NEDO
27711 DIAZ ROAD 150' SOUTH OF WINCHESTER
JOHN WARNER ROAD
30260 CABRILLO
RAINBOW CANYON ROAD
OVERLAY A.C.
R&R A.C.
R&R A.C.
OVERLAY A.C.
OVERLAY A.C.
R&R A.C.
R&R A.C.
AC FLOW LINE
AC FLOW LINE
AC BERM
TEMP. AC POTHOLE
TEMP. AC POTHOLE
TEMP. AC POTHOLE
A.C. BERM
R&R A.C.
OVERLAY A.C.
S.F.
840
241
198
1,056
862
418
175
1320
562}
}
210 LF}
2
4
6
229
362
544
TOTAL
TONS
3.5
3.5
5.5
4.5
5.5
11.5
6.5
20.5
17.5
6
6
5.5
TOTAL S.F. OF REPAIRS
TOTAL TONS
7,029
96
DATE
11/01/99
11/01/99
11/01/99
11/01/99
11/02/99
11/04/99
11/04/99
11104199
11/05/99
I 1/08/99
11/08/99
11/09/99
I 1/09/99
11/09/99
11/09/99
11/09/99
I I / 10/99
I l / 10/99
11/10/99
I 1/10/99
1 l/I 2/99
I 1/12/99
I 1/14/99
l 11599
I l/l 5/99
11/16/99
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITIREMOVAL
MONTH OF NOVEMBER, 1999
LOCATION
VIA LA VIDA AT VIA RENATE
29764 VIA LA VIDA
VIA LA VIDA AT SOLANA WAY
30151 RANCHO VISTA ROAD
RANCHO VISTA AT VIA TORENO
DE PORTOLA AT VIA SABINO
DE PORTOLA AT BUTTERFIELD STAGE ROAD
MERVYN'S
FELIX VALDEZ AT ANTIQUE STORE
PUJOL AT SIXTH STREET
28790 PUJOL
WINCHESTER ROAD AT SANTA GERTRUDIS
VONS ON WINCHESTER ROAD
PUJOL AT MAIN STREET
PUJOL AT BOYS & GIRLS CLUB
SPORTS PARK
MARGARITA AT OVERLAND
41975 4TM STREET
28581 OLD TOWN
RANCHO VISTA ROAD EAST OF MIRA LOMA
SPORTS PARK
VIA LA VIDA AT RENATE
MARGARITA ROAD AT OVERLAND DRIVE
YNEZ ROAD AT TOWN CENTER
AVENIDA DE MISSIONS AT VIA RIO TEMECULA
6TM AT MERCEDES
WORK COMPLETED
REMOVED 4 S.F. OF GRAFFITI
REMOVED 4 S.F. OF GRAFFITI
REMOVED 4 S.F. OF GRAFFITI
REMOVED 450 S,F. OF GRAFFITI
REMOVED 4 S.F. OF GRAFFITI
REMOVED 5 S.F. OF GRAFFITI
REMOVED 8 S.F. OF GRAFFITI
REMOVED 20 S.F. OF GRAFFITI
REMOVED 78 S.F. OF GRAFFITI
REMOVED 84 S.F. OF GRAFFITI
REMOVED 72 S.F. OF GRAFFI' ~'
REMOVED 8 S.F. OF GRAFFIIi
REMOVED 33 S.F. OF GRAFFITI
REMOVED 8 S.F. OF GRAFFITI
REMOVED 7 S.F. OF GRAFFITI
REMOVED 56 S.F. OF GRAFFITI
REMOVED 2 S.F. OF GRAFFITI
REMOVED 28 S.F. OF GRAFFITI
REMOVED 31 S.F. OF GRAFFITI
REMOVED 375 S.F. OF GRAFFITI
REMOVED 9 S.F. OF GRAFFITI
REMOVED 40 S.F. OF GRAFF1TI
REMOVED 6 S.F. OF GRAFFITI
REMOVED 4 S.F. OF GRAFFITI
REMOVED 184 S.F. OF GRAFFF
REMOVED 85 S.F. OF GRAFFI't
DATE
11/17/99
11/24/99
11/24/99
11/24/99
I 1/29/99
LOCATION
79 SO. 500' SOUTH OF BUTTERFIELD STAGE ROAD
MEADOWS AT WINCHESTER ROAD
27250 MADISON
MAIN STREET BRIDGE
29740 RANCHO CALIFORNIA ROAD
WORK COMPLETED
REMOVED
REMOVED
REMOVED
REMOVED
REMOVED
25 S.F. OF GRAFFITI
65 S.F. OF GRAFFITI
10 S.F. OF GRAFFITI
290 S.F. OF GRAFFITI
4 S.F. OF GRAFF1TI
TOTAL S.F. GRAFFITI REMOVED 2,007
TOTAL LOCATIONS 31
<
<>
z I-
s +
.(
DATE
11/01/99
11/02/99
11/09/99
11/10/99
11/16/99
11/30/99
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF NOVEMBER, 1999
LOCATION
AREA #2
SAM HICKS PARK
AREA #2
AREA #2
RANCHO CALIFORNIA ROAD ~ 1-15
30300 CABRILLO
WORK COMPLETED
REPAINTED
REPAINTED
REPAINTED
REPAINTED
PAINT DOUBLE YELLOW & HASH MARKS
INSTALLED
60 LEGENDS
I0 LEGENDS
70 LEGENDS
36 LEGENDS
255 LN. FT.
2 LEGENDS
TOTAL NEW & REPAINTED LEGENDS 178
NEW & REPA1NTED RED CURB & STRIPING L.F. 255
DATE
RECEIVED
11/01/99
11/01/99
11/01/99
11/01/99
11/01/99
11/01/99
11/01/99
11/01/99
11/02/99
11/02/99
11/02/99
I I/02/99
11/02/99
11/03/99
11/03/99
11/03/99
11/03/99
11/04/99
11/05/99
I 1/05/99
11/08/99
11/08/99
11/09/99
11/09/99
11/12/99
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF NOVEMBER, 1999
LOCATION
REQUEST
RUNNING WATER
POTHOLES
STANDING WATER
PIPE EXPOSED
FOUL SMELL
CATCH BASIN CLEANING
CATCH BASIN CLEANING
POTHOLE
FOUL SMELL
DUST CONTROL
SIGN MISSING
CHANNEL CLEANING
TREE TRIMMING
TREE TRIMMING
TREE DYING
DUST CONTROL
A.C. BERM REPAIR
POTHOLES
TREE TRIMMING
DEBRIS PICK-UP
TREE TRIMMING
DRAINAGE CONCERN
GRAFFITI
SIGNAL REPAIR
SKATEBOARD RAMP
30964 LOMA LINDA
39195 LIEFER ROAD
44534 LA PAZ
29001 YNEZ
42721 LAS VIOLETTAS COURT
45520 CLASS1C WAY
43090 CORTE SALAMANCA
30089 MIRA LOMA
LA PAZ AT HWY 79 SO.
31073 DEL REY ROAD
WINCHESTER ROAD AT YNEZ ROAD
40501 CALLE MEDUSA
45344 TOURNAMENT LANE
45292 TOURNAMENT LANE
33439 CORTE MANGARINO
32259 VIA FLORE
40517 CARMELITA CIRCLE
44780 CUPA LANE
45571 CLASSIC WAY
PAUBA ROAD
V1A VELEZ AT VIA ALTURUS
42176 LYNDIE LANE
38581 OLD TOWN FRONT STREET
RANCHO CALIFORNIA ROAD AT GARDEN APTS.
27050 FALLING CREEK COURT
DATE WORK
COMPLETED
11/01/99
11/01/99
11//01/99
11/01/99
11101/99
11/05/99
11/05/99
11/02/99
11/02/99
11/02/99
11/02/99
11/02/99
11/02/99
11/03/99
11/03/99
11/03/99
11/03/99
11/04/99
11/05/99
11/05/99
11/08/99
11/08/99
11/09/99
11/09/99
11/12/99
DATE
RECEIVED
1 / 15/99
11/16/99
11/17/99
I 1/17/99
11/17/99
11/19/99
11/19/99
I 1/22/99
11/23/99
I 1/23/99
11/2999
11/29/99
11/29/99
I 1/29/99
f ,11/30/99
LOCATION
6rd AT MORENO
32928 PATEMO STREET
45571 CLASSIC WAY
BUTTERFIELD STAGE AT RANCHO CALIFORNIA
PASEO BRILLIANTE AT VIA PUESTA DEL SOL
VIA RAMI AND VIA CAMPANARIO
45362 ZUMA DRIVE
43085 SHOWWALTER ROAD
31005 DEL REY
29800 CAMINO DEL SOL
31622 LOMA LINDA ROAD
27503 SENNA COURT
31320 VIA EDUARDO
43185 CORTE ALMONTE
SOUTH GENERAL KEARNY ROAD
REQUEST
TREE TRIMMING
TREE
TREE
DEBRIS
STREET NAME SIGN
STREET SIGN REPAIR
TREE TRIMMING
GRADING CONCERN
SWEEPER CONCERN
SWEEPER CONCERN
TREE REMOVAL
TREE REMOVAL
USA MARKING
TREE TRIMMING
DRAINAGE CONCERN
DATE WORK
COMPLETED
11/15/99
11/17/99
11/17/99
11/18/99
I I/18/99
11/19/99
11/19/99
11/22/90
I 1/23/99
I I/23/99
11/29/99
11/29/99
11/29/99
11/29/99
11/30/99
TOTAL SERVICE ORDER REQUESTS
4O
DATE
11/02/99
11/04/99
11/04/99
I I/08/99
11/08/99
11/09/99
11/12/99
11/12/~)
11/12/99
11/16/99
11/17/99
11 / 18/99
11/18/99
11/18/99
11/18/99
11/22/99
11/24/99
11/29/99
I 1/29/99
11/30/99
11/30/99
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF NOVEMBER, 1999
LOCATION
RANCHO CALIFORNIA ROAD AT 1-15 BRIDGE
MARGARITA AT NORTH GENERAL KEARNY
RANCHO VISTA ROAD AT SOUTHERN CROSS
RANCHO CALIFORNIA RD. AT FRONT STREET
MARGARITA AT SANTIAGO
MARGARITA AT SANTIAGO
VIA LA VIDA AT MARGARITA
OVERLAND - YNEZ TO/EFFERSON
PUJOL AT 6TM
MARGARITA SO. OF MORAGA (TUSCANY APTS)
PALA ROAD SOUTH OF 79 SO.
VIA CUESTA AL SOL AT VIA PUESTA DEL SOL
PASEO BRILLANTE AT VIA PUESTA DEL SOL
AVENIDA SONOMA AT CORTE SAN LUIS
CABRILLO AT JOHN WARNER ROAD
PAUBA AT VIA RAMI
RANCHO CALIFORNIA ROAD AT TEMECULA
GARDEN APARTMENTS
VIA RAMI AT VIA CAMP
RANClIO CALAIFORNIA ROAD AT YUKON
30300 CABRILLO
FIRE STAT1ON #12
INSTALLED
INSTALLED
INSTALLED
REPLACE
INSTALLED
INSTALLED
INSTALL
REMOVE
INSTALL
INSTALL
INSTALL
INSTALL
STRAIGHTEN
INSTALL
INSTALL
REPLACED
REPLACED
REPLACED
REPLACED
INSTALLED
INSTALLED
WORK COMPLETED
R-17 &R-34
R-7 TYPE N, TYPE K
2 R~2-25
R-10 "T.C."
TYPE "P" 2 CARSONITES
3 CARSONITES
NAME SIGNS
R-20B-(2), R-31 (4)
NO TRESPASSING SIGNS (11)
TEMECULA CRIME FREE SIGNS
R-61-9 (I)
BLUE RPM (1)
STREET NAME SIGN (2)
BLUE REM (1)
BLUE RPM (1)
R-26 T.C.
2 TYPE P
R-I T.C.
R-7 TYPE "K' T.C.
2 R-2 "35"
2 SPECIALTY SIGNS
TOTAL SIGNS REPLACED
TOTAL SIGNS INSTALLED
TOTAL SIGNS REPAIRED
7
36
8
ITY APPRO~2/'~
C ATTORNEY
DIRECTOR OFFIN
CITYMANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Gary Thornhill, Deputy City Manager
DATE: December 14, 1999
SUBJECT: Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department in the month of November, 1999.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 39 new applications for administrative, other minor cases and home
occupations and 3 new applications for public hearings during the month of November. The new
public hearing cases are as follows:
General Plan Amendment 1
Development Plan 2
Pre-appfications
JD Imports - To build a 18,360 square foot industrial building located at 42409 Winchester
Road. Received in October, 1999. A pre-application meeting was held on November 18,
1999.
Retail Speculative Building - To build a 8,240 square foot retail speculative building located
on Parcel R on Ynez Road in the Promenade Mall. A pre-application meeting was held on
November 18, 1999.
Hometown Buffet - To build a 8,356 square foot restaurant located on the northeast corner
of Margarita Road and Campos Verdes Lane. Received in November, 1999. Pre~
application meeting was held on December 2, 1999.
St. Thomas Episcopal Church - Proposed church with parish hall and classrooms totaling
22,557 square feet located on the southeast corner of Rancho Vista and Ynez Road.
Received in November, 1999. A pre-application meeting will be held in December, 1999.
\\TEMEC_FS101~VOL1\DEPTS\PLANNING\MONTHLY.RpTH999~november 99.doc
1
Status of Fast Track Proiects
The City's award-winning Fast Track process provides a way for major businesses relocating to
or expanding in Temecula to get their facilities constructed and occupied in the shortest possible
time. The current Fast Track projects are as follows:
Burkey Machine & Tool - Development Plan for new 16,000 square feet machine and tool
facility with 27 employees at the northeast comer of Winchester Road and Colt Court. The
project is nearing completion.
Status of Maior Proiects
Staff is working with project applicants to address any remaining issues and get the following cases
ready for public hearing before the Community Development Director or Planning Commission:
Rancho Community Church expansion on Vallejo Avenue. The project is still on hold, as
the applicant is looking at other options for their development. The applicant will be
meeting with staff in early Decamber to discuss potential options.
Tentative Parcel Map 28627, the Margarita Canyon Property. Planning Commission
hearing was scheduled for October 20, 1999, and continued to the November 3, 1999
Planning Commission meeting. The project was continued to the December 8, 1999
Planning Commission meeting.
Wolf Valley Specific Plan and Environmental Impact Report - A community meeting was
held on August 17, 1999. A Planning Commission Workshop was held on September 1,
1999. The EIR was circulated for public review and comment in the month of October,
1999. Tentative Planning Commission date is February, 2000.
Rodpaugh Ranch Specific Plan and Environmental Impact Report: A Planning Commission
Workshop was held on June 30, 1999. Project is on hold pending review and report by the
Ad-hoc Committed appointed by the City Council. The Ad Hoc committee met on
November 16, 1999 and determined that more information regarding the formation of an
Assessment District was needed.
Tentative Parcel Map 29162 - Subdivide 48 acres into eight industrial parcels and one open
space lot located at Winchester Road and Dendy Parkway. Development Review
Committee meeting was held June 10, 1999. Awaiting revised traffic study and resubmittal.
Temecula Valley RV - Conditional Use Permit for Recreational Vehicle, Truck and Auto
Sales and Rentals located at 27941 Jefferson Avenue. Approved at Director's Hearing on
November 4, 1999.
Tentative Tract Map 29286, General Plan Amendment and Zone Change - Subdivision of
9.75 acres into 40 single family residential lots and two open space lots, a General Plan
Amendment to change the current land use classification of "SP" (Specific Plan) to LM (Low
Medium Density Residential) and a zone change to change the zoning classification from
"SP" (Specific Plan) to LM (Low Medium Density Residential) located on the
southeastcorner of Margarita Road and Date Street. Development Review Committee
meeting was held on July 15, 1999. Planning Commission date is December 8, 1999.
David Smith, DDS - A request for the development of a 9,983 square foot medical office
complex capable of being converted to medical office condo units located on the south side
\\TEMEC_FS101\VOL1~DEPTS\PLANNING'~IONTHLY,RP'i~1999~nOvember 99.doc
2
'k
of Roripaugh Road, west of Winchester Road. Development Review Committee meeting
was held on August 12, 1999. Approved at Director's Hearing on November 24, 1999.
Tim Shook Company, Inc. (PA99-0277) - The design, construction and operation of a
13,064 square foot speculative commercial building on the north side of Buecking Drive,
approximately 150 feet west of the intersection of Madison Avenue and Buecking Drive.
Development Review Committee meeting was held on August 12, 1999. Staff is reviewing
re-submittal. Planning Commission pending in January, 2000.
Tim Shook Company, Inc. (PA99-0278) - The design, construction and operation of a
13,064 square foot speculative commercial building on the north side of Buecking Drive,
approximately 150 feet west of the intersection of Madison Avenue and Buecking Drive.
Development Review Committee meeting was held on August 12, 1999. Staff is reviewing
re-submittal. Planning Commission pending in January, 2000.
Meadowview Golf Course - The design, construction and operation of an 18 hole public golf
course with clubhouse, cart barn, maintenance and other accessory buildings and an
equestrian trail park located on 297 acres south of Nicolas Road, north of Del Rey Road,
east of Margarita Road and west of Calle Medusa, within the Meadowview Community.
Development Review Community. Development Review Committee meeting was held on
August 19, 1999. Staff is awaiting additional studies and plan re-submittal.
Temecula Village - The proposal is for a General Plan Amendment, Planned Development
Overlay zone and Parcel Map for 23 acres located on the south side of Rancho California
Road, between Moraga Road and Cosmic Drive. Staff is awaiting re-submittal.
Temecula Ridge Apartments - The design and construction of 266 apartment units on 22.21
acres on the south side of Rancho California Road, east of Moraga Road. Staff is awaiting
re-submittal.
Temecula Gas Station and Car Wash - To construct and operate a self-serve gas station
and drive-thru car wash facility located on the southwest corner of the intersection of the
proposed Western Bypass and Front Street. Project is on hold pending outcome of
Margarita Canyon Map.
Del Taco - The design and construction of a Del Taco Restaurant with drive~thru services
in the Winchester Meadows Center on the northeast corner of Winchester Road and
Margarita Road. Director's Hearing is pending for December, 1999.
Quaid Harley Davidson -The design, construction and operation of a 17,371 square foot
Harley Davidson motorcycle dealership with sales and repairs located on the north side of
Front Street, approximately 1,800 feet west of the Interstate 15 Freeway on-ramp. Staff is
awaiting re-submittal,
Costco Relocation - The design, construction of a 152,000 square foot wholesale retail
warehouse and associated gasoline station situated on a 16.24 acre site located on the
northeast comer of Ovedand Drive and Ynez Road. DRC meeting was held on October 6,
1999. Approved by the Planning Commission on November 17, 1999.
Christ the Vine Church - To design, construct and operate a 6,258 square foot church, 643
square foot two car garage, 7,499 square foot day school and 5,628 square foot fellowship
\\TEMEC_FS101\VOL1\DEPTS\PLANNING\MONTHLY.RPT~1999~november 99.doc
3
hall on 2.62 net acres located on North General Keamy Road and Margadta Road. Second
DRC meeting was held on October 7, 1999. Access issues to be resolved. Awaiting re-
submittal.
Pad D Retail Building (Mall Outlot) - To design, construct and operate a 6,744 square foot
retail building for multiple tenants on the south side of Winchester Road, east of Ynez Road
on Outlot D of the Promenade Mall. DRC meeting was held on October 7, 1999. Staff is
awaiting re-submittal.
Pad C Retail Building (Mall Outlot) - To design, construct and operate a 15,783 square foot
retail building for multiple tenants on the south side of Winchester Road, east of Ynez Road
on Outlot C of the Promenade Mall. DRC meeting was held on October 7, 1999. Staff is
awaiting re-submittal.
Saturn - To construct new car dealership on 2.61 acres on the east side of Ynez Road,
south of Solana Way. DRC meeting was held on October 7, 1999. Planning Commission
is scheduled for December 15, 1999.
Ultra Mar Gas Station - To build a 5,000 square foot gas station and convenience store with
fast food located on pad "E" along Winchester Road, east of Ynez Road on Outlot E of the
Promenade Mall. DRC meeting was held on October 21, 1999. Staff is awaiting re-
submittal.
Provident Savings Bank - To construct and operate a 3,000 square foot Provident Savings
Bank with ddve-thru services in the Winchester Meadows Shopping Center located on the
northeast corner of Winchester Road and Margarita Road. DRC meeting was held on
October21, 1999. Staff is awaiting re-submittal.
Hunco Development - To develop a 1.02 acre site in the Light Industrial Zone with a one
story, 18,080 square foot, tilt-up concrete speculative industrial building located at 42655
Rio Nedo. DRC meeting was held on October 21, 1999. Staff is awaiting re-submittal.
79 South Medical Plaza, LLC - To develop 2.28 acres of vacant land in the Highway Tourist
Commercial (HTC) zone with a 21,151 square foot medical office building located on the
north side of Highway 79, west of the intersection of Margadta Road and Highway 79. DRC
meeting was held on October 28, 1999. Staff is awaiting re-submittal.
79 South Medical Plaza, LLC - To subdivide 3.42 acres of vacant land in the Highway
Tourist Commercial (HTC) zone into two parcels located on the north side of Highway 79,
west of the intersection of Margadta Road and Highway 79. DRC meeting was held on
October 28, 1999. Staff is awaiting re-submittal,
Car Spa - To build a car wash tunnel with attached retail store and post wash canopy, an
open pit designed for oil changes and a fueling station with canopy located at the southwest
entrance of the Promenade Mall on Ynez Road. DRC meeting was held on October 28,
1999. Staff is awaiting re-submittal.
Childtime Children's Center - To develop a .978 acre of vacant land within the C-A zone
with a 8,000 square foot building to be utilized as a child care center located at the
northeast comer of the intersection of Margadta Road and Verdes Lane. DRC meeting was
held on October 28, 1999. Parking requirements need to be addressed. Staff is awaiting
re-submittal.
\\TEMEC_FS101~VOL1\DEPTS\PLANNING'JVlONTHLY.RP~1999~nOvember99.doc
4
Davcon Development - To operate a motorcycle sales, service and assembly establishment
in an existing 16,840 square foot building located at 42265 Winchester Road. Approved
at Director's Headrig on November 24, 1999.
Hilton Garden Hotel - To construct a 100 unit hotel on 1.38 acres located on the westerly
side of Rancho Highland Drive, westerly of Ynez Road. DRC meeting was held on
November 4, 1999. Staff is awaiting re-submittal.
Holiday Inn Express - To construct a 137 room hotel located on the northeast quadrant of
Jefferson Avenue and Rancho Calfornia Road. DRC meeting was held on September 23,
1999. Planning Commission is scheduled for December 15, 1999.
Small
Business Assistance
Captain's Cabin Restaurant Expansion: Advised owner, Mr. Don Manderscheid, of planning
approvals and building permits required for new outside seating and patio area
Old Town Plaza: Briefed owners of property on what options are available to them for
removal and replacement of diseased trees. Reported on findings of landscape architect
Mike Elliott who made a site visit to this shopping center.
Dr. Farrod Ahmad: Helped this tenant improvement applicant for a dental office in the Zonos
Center with plan check timelines and procedures. Intervened on his behalf in obtaining
EMWD clearance and completing requirements for his building permit.
Mad Madeline's: Expedited application for expansion of an outside patio dining area and
remodel of a bathroom.
Downs Oil Company: Completed research and had consultations with the City Attorney in
order to help applicant obtain desired signage for his new business.
Palomar Inn Bed and Breakfast: Planning and Redevelopment staff met with the architects
of this project regarding preliminary building elevations, site plans and sign designs,
Arce Gas Station Signs: Provided information to the architectural firm handling the new sign
program for these businesses, Conducted research regarding past approvals.
Special Events Permits
Inland Empire Race for the Cure: Staff helped applicant obtain a Special Event Permit for
road closures necessary for this event to be held at the Promenade Mall on November
13th. Meetings were held with the organizers, Public Works, Police and Fire in order to iron
out all the details.
Sports Chalet: Aided applicant in obtaining clearances from City of Temecula departments
for a Temporary Use Permit (grand opening event) in less than two weeks.
Spin City Records: Held preliminary discussions pertaining to future outdoor concerts.
Advised owners of concerns expressed by the City of Temecula Police Department.
\\TEMEC_FS101WOL1\DEPTS\PLANNING\MONTHLY.RPT~1999~Ovember 99.doc
5
Special Projects & Long Range Planning Activities
The Division also commits work efforts toward larger scale and longer time frame projects for both
private and public purposes. These activities can range from a relatively simple ordinance or
environmental review to a new specific plan or a general plan amendment. Some of the major
special projects and long range planning activities are as follows:
Housing Element Update: The City has received a draft of the City's Regional Housing Need
Assessment obligations and staff has provided corrections to the text.. The consultant is
making the corrections and will report back to staff with the final draft results of where the
City stands in relation to the programs contained within the existing Housing Element. A
preliminary meeting date in January is planned to inform the City Council of the results.
Subsequent Environmental Impact Report for the City Redevelopment Plan: The consultant
has gathered much of the information needed to begin preparation of the Draft EIR. The
Circulation Element traffic study was transmitted to the consultant for use in completing the
Draft EIR.
General Plan Circulation Element Update: The revised traffic study has been received and
will be circulated to the Subcommittee members for their final comments once staff has had
a chance to perform a final check. Preparation of the draft environmental impact report is
being finalized. Public consideration before the Traffic & Safety and Planning Commissions
should begin in January.
Traditional Neighborhood Development Ordinance: Final changes are being made prior to
scheduling this item for a Planning Commission workshop.
Vail Ranch Annexation Study: Following the election, a number of residents from the Vail
Ranch area contacted the City and requested that their area be annexed to the City. Staff
has contacted the City Attorney and LAFCO about this issue and is awaiting a response.
Surface Mining Ordinance: The staff and City Attorney are making final changes based
upon feedback from the State prior to submitting this item to the Council for their
consideration.
-k
Geographic Information System (GIS): A major focus of the GIS program has been
finalization of the base data for the MapObjects program, This information was provided
to ESRI this month. Recent products include updated conflict of interest maps for the new
Council members and the digitized version of the General Plan Land Use Map. The GIS
staff continues to update the database and previously completed maps and reports.
Antenna Ordinance: Staff met with a group of wireless communication industry
representatives on November 4, 1999. Based upon their comments, staff has revised the
draft ordinance and forwarded it to the City Attomey for his review and comment. After the
City Attomey's review another meeting with the industry representatives will review the final
product.
Coordination with the Bureau of Census. Staff continues to work with the Bureau to ensure
an accurate and complete count for the 2000 census. Staff is monitoring the County
Complete Count Committee process and will be preparing a plan to coordinate the City's
public education efforts.
\\TEMEC_FS101\VOL1~DEPTS\PLANNING\MONTHLY.RPT~1999~november 99.doc
6
,
Application Fee Study: Staff recently received a study from the consultant and has provided
information to the consultant and Finance Department about which applications should not
be charged the full-cost of processing.
Hillside Development Policy: The policies are being discussed intemally by City staff in an
effort to create fair and useable development policies,
Multi-species Habitat Conservation Planning Efforts for Western Riverside County: Staff is
attending committee meetings and monitoring the process of determining conservation
reserve needs and will report back to the Council when a draft plan is available,
Large Family Day Care Home Facility Ordinance: Staff is preparing an amendment to the
Code to revisit these regulations, It will be scheduled for the Planning Commission in
January 2000,
Citywide Sign Inventory: The arduous process of inventorying signs continues.
Hotel Conference Center Feasibility Study Addendure: A draft of the study was received and
reviewed by staff. This item will be presented to the Convention Center Subcommittee in
January after new Subcommittee members are appointed.
County Project Reviews: Staff is currently reviewing a Specific Plan and EIR located in the
County adjacent to the City's Sphere of Influence in the Vail Ranch area. The Morgan Hill
Specific Plan proposes 1,436 dwelling units on 478 acres. Staff will complete the review
by January 2000.
\\TEMEG_FS101\VOL1\DEPTS\PLANNING'~VIONTHLy. RpT~1999~nOvember 99,doc
7
APPROVA/AALE/~
CITY ATTORNEY
f
DIRECTOR Of INA E
CITY MANAGER ,
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council
SUBJECT: Economic Development Monthly Departmental Report
Prepared by: Gloda Wolnick, Marketjng Coordinator
The following are the recent highlights for the Economic Development Department for the month
of November 1999.
Economic Deloartment
Meetinfls
On November 3~, Shawn Nelson, Jim O'Grady, Gary Thornhill and Grant Yates met with
representatives of the Eastside Reservoir Project to discuss recreational amenities of the
Reservoir as well as traffic concerns associated with this development.
Staff attended and participated at the Manufacturers' Council EXPO at Temeku Hills on
November 4~'. The EXPO went quite well and it was a good opportunity for networking with our
businesses. There were approximately 50 vendor booths and several hundred people in
attendance. The event did conflict with an event at the Mumeta Chamber so them were not as
many people from the general public. The Manufacturers' Council was most appreciative of
Temecula's support for the event and presented the City with a plaque. A debriefing meeting
will be held in December to look at ways to enhance and expand the EXPO for next year.
Staff artended the Southwest Riverside County Manufacturer's Council Meeting on
Wednesday. November 16e.
On November 4t~ Jim O'Grady met with Marty Smith and Allen Nunez of Coldwell Banker
Commercial regarding a proposed hotel/restaurant franchise from Northem California.
Gloda Wolnick attended the November 17~ EDCSWRC Board Meeting. The following people
were elected officers for the upcoming year. Gary Youroans - President, Chuck Washington -
Vice President, Phil Oberhansley - Secretary, and Dennis Frank - Treasurer. The following
people were elected board members: Fred Gdmes (Westmar), Bonnie Hanna (Diversified
Temporary Sendoas), Ted Hadng (EMWD), Jim King (Gas Co.), Dick Kurtz (Westmar), Bob
Lopez (Edison), Kathleen Newton (Press-Ente~dse), Phil Oberhansley (Lorenz, Alhedeff et al.),
Tammy Walsh (Lake Elsinore Chamber), and Randy Willlares (Barney & Barney).
The firm of Keebler, Thomas & Co. was selected to assemble the Finandal Review for the
EDCSWRC. Work is expected to be complete by the end of the year per City requirements.
Jim O'Gredy was appointed the EDCSWRC Program Committee Chairman and will develop
programs with committee members, David Phares, Dick Kur'tz, Bonnie Hanna, and Diane
Sessions for the upcoming year. A lunch meeting was held with this group on November 30th to
discuss program topics.
City staff and Diane Sessions of the EDCSWRC met with a consultant~ Strategic Development
Services, to look at business planning for the EDCSWRC organization.
Two meetings for Temecula Connect ware held in November. Mark Fauci of OmniCorder
made a "Springbeard" presentation. OmniCorder is a new company that is looking to establish a
sales and service office center in this area, with manufactudng possibly later. They
manufacture a new device that can detect the onset of breast cancer up to eight years before it
is detected by a mammogram. There was also discussion of financing for his company.
Jeff Stone end Jim O'Grady attended a meeting at Callaway WLnery on November 12e.
Congressman Ken Calvert and Congresswoman Mary Bono announced that over $300,000 in
Federal Funds would be given to combat the Glassy Winged Sharpshooter.
Jim O'Grady met with the cities of Lake Elsinore, Murdeta and the EDCSWRC on November
22"d to discuss the results of the Business Survey that was completed by the Business
Resource Group. The survey is expected to be published in January 2000.
Jim O'Grady attended the EDCSWRC Executive Board Meeting on November 22"d. The
board discussed the relocation of the EDCSWRC office and approved participation in the One
Stop Center.
Jim O'Gredy, Bill Hughes and Matthew Fagan met with representatives of Milgard Windows on
November 22"d regarding City permitting requirements for their possible expansion.
Jim O'Grady and Aaron Abams attended the Westaide Business Center Open House on
November 23'd. This open house introduced Phase 3 of the Westside Business Center to
brokers and the development community.
Jim O'Grady, Matthew Fagan and Carol Donahee attended the Power Center Grand Opening
in mid-November.
Shawn Nelson, Jim O'Grady, Genie Robarts and ~Phyllis Ruse met with representatives of the
Big League Dream Sports Park on November 23 regarding a possible facility in Temecula.
Jim O'Grady and Gloda Wolnick met with Kathleen Newion, EDCSWRC, Cities of Murdeta and
Lake Elsinore to discuss the content of the Business Resource Guide on Nov. 34. The
Resource Guide is expected to be published in the spdng of 2000,
Gloda Wolnick attended the Riverside County EDA marketing meeting on Nov. 17~ in
MufTieta. Them was discussion of the recruitment of the County marketing person, the County
EDA office at the One Stop Center, the name and logo of the organization, and the scheduling
of regular marketing meetings.
The Economic Development Staff Breakfast Meeting was held on Nov. 2"d & 30~' to discuss
marketing items, leads inquiries and development projects.
On November 30a', Jim O'Grady and Gloda Wo~nick met with John Stading and Melody
Brunstjng to discuss some concerns regarding City sponsorship of the Rod Run and other City
sponsored TTA events. There was also a Rod Run meeting coordinated by Staff to discuss
the police, tire, and public works support of the event.
Staff prepared the script for the Temecula section on the IEEP CD-Rom. Staff is working with
the Altek Group on the production. The Inland Empire Economic Partnership is updating their
pdnt Fact Book and will be supplementing their publication with an interactive multi-media video
Fact Book CD-Rorn. Filming is set for December.
Leads & Inquiries
In the month of November, the City responded to 4 leads and 3 inquiries.
On November 246`, Jim O'Gredy, Tony Elmo and Debbie Ubnoske met with a Southern
California precision metal and plastic fabrication manufacturing company looking to
possibly relocate to Temecula. The company is a supplier to Guidant and other companies in
the area.
The Border Patrol is considedng on expanding which would include a 20,000 sq. ft. building
plus 10 acres. Staff is following up with this lead.
Note: Information on Fast Track, Expansion, Relocetion and Speculative Building can be found
in the Community Development Department report.
Business Retention Visits and Meetinas
In the month of November, the City participated in 3 retention visits.
On Tuesday, November 23'", Grant Yates and Aaron Adams met with Mike Au, Plant Manager
of Isomedix, and Dick Kurtz on an EDC Retention Visit. Isomedix, is owned by the Steds
Corporation and is located on Business Park Ddve. This company sterilizes medical devices
and provides services pdmadly to Maxxjm Medical of Temecula. They employ approximately 25
employees and operate 24 hour days, seven days a week.
Gary Thornhill and Grant Yates met with representatives of International Rectifier for a site
tour and lunch. Dan Dierken (Plant Manager), Jeff Laquoia (Safety Manager) and Hasib Nagib
(VP of Operations) gave staff a tour of the plant. Staff discussed with IR to consider providing
apprenticeship opportunities for local students and to offer the CERT Program (Emergency
Response Training) to them through the Fire Department. Staff will give IR copies of TCSD's
Recreation Brochure to help them see the recreation opportunities that are available for their
employees.
Jim O'Grady and members of the EDC Business Retention Committee attended a site visit with
Channell Commercial on November 126`. Staff is following up on questions relating to
reimbursement of fees and plans for the apparent "Sweetwater' development.
At the November 46` Business Retention Meeting John Meyer spoke on Redevelopment,
which was well received. Jim O'Grady and Grant Yates also attended.
On November 10th, Steve Ford, Karal L.indemans, Shawn Nelson, Jim O'Grady, Gary Thomhill
and Grant Yates met with the Temecula Auto Dealers as part of the Mayor's Business
Roundtable Program. The auto dealers brought up issues that they would like to see the City
address including allowing dealers to change the access to improve their security. Planning has
3
approved this. Also, they would like the City to explore off-site parking for their employees.
Staff is investigating this request.
Staff wrote an article for the Chamber of Commerce Monthly Newsltter entitJed "Temecula
Celebrates 10 Years of Progress & Prosperity". The City thanked the citizens and businesses
of the Temecula Valley for their continued support and partidpation in making what our
community is today and highlighted some of the City's major achievements.
Toudsm
On Nov. 9th staff sent slides, a press kit and letter to writer Keith Antigiovanni. He is writing an
article for a senior publication, which is part of the Beach & Bay Press in La Jolla. This is a
Coastal Region publication targeted to the senior market and is one of six newspapers
published by the Beach & Bay Press,
Staff is administering advertising placement, ad development, editorials, press releases and
media promotions for the Old Fashioned Christmas in Old Town Temecula. See attached.
Gloda Wolnick attended the Chamber Tourism Committee Meeting on November 4"". She
shared the recent media coverage Temecula received in several toudsm publications, the La
Jolla Light publication and San Diego CONVIS Holiday Planning Brochure, as well as
placements that are in progress including the North County CONVIS 2000 Visitor Guide and the
Califomia Division of Toudsm newsletter "What's New in Califomia". In addition, the Old Town
Holiday entertainment lineup, tree lighting ceremony was shared and flyere for the opening of
the Temecula Valley Museum were distributed.
Tanya Rogers, General Manager of Embassy Suitas, will be joining the City's Marketing
Committee beginning January 2000. The first marketing meeting of the new year will be
scheduled in February.
Attachments: Temecula Valley Chamber of Commerce Activities Repert
Economic Development Corporation of Southwest Riveraide County Adivities
Report
Temecula Valley Film Council Activities Report
Old Town Holiday Clippings
IFriday December 3, 1999 9:2z>am -- Page 2~
Dec-O3-99 08: 19A
P.O2
PHONE CALLS
TOURISM
TOURJSM REFERRALS
C. alencla~ of Events
Special Events
General Infornation
TOTAL TOURISM CALLS
RELOCAT1ON
DEMOGRAPHICS
CHAMBER
MISCR i ANEOUS
TOTAL PHONE CALLS
· CHAMBER REFERRALS
WALKJNS TOURISM
CALENDAR OF EVENTS
SPECIAL EVENTS
GENERAL INFORMATION
RELOCATION
DEMOGRAPHICS
CHAMBER
MISCELLANEOUS
TOTAL WALK-INS
MAILINGS
TOURISM
RFJ_OCATION
DEMOGRAPHICS
TOTAL MAILINGS
E-MAIL
TOURISM
RELOCATION
MISCELLANEOUS
TOTAL E-MAIL
WEB PAGE USER SESSIONS
GRAND TOTALS
PHONE CALLS
WALK-INS
MAILINGS
E-MAIL
~-WEB PAGE USER SESSIONS
fCHAMBER REFERRALS
TEMECULA VALLEY CHAMBER OF COMMERCE
MONTHLY ACTNITY REPORT
FOR NOVEMBER, 1999
Chanter V'm. Center
This Monffi This
Total
Year-To-Date
292
127
168
753
1,340
4677
1201
5470
t2,173
25,802
134
66
1 ,:342
105
2,987
12,040
155
116
31
550
120
626
66
1,752
t73
35
7
150
1
0
2
2O
388
3,442
1250
8,836
1789
663
9,751
775
27.477
82
75
72
229
1612
1028
1047
3,687
79
2.342
THIS MONTH
2,987
1,752
229
79
2,342
12.040
22t
199
63O
1,050
29,788
YEAR-10-DATE
34,~04
27,477
3.687
1.050
29.788
83.435
December 3, 1999
Jim O'Grady
Assistant City Manager
City of Temecula
43200 Business Park Drive
Temecula, CA 92589-9033
RE: Activity Summary- November 1999
Activities of the EDC during the month of November are as follows:
Business Development
The EDC did not respond to any direct requests received from DEEP during the month. It is no
longer receiving the requests, as they are forwarded to the EDC through the City of Temecula.
No inquiries were forwarded in November.
The EDC did not receive any lead requests from Business Facilities and Site Selection
magazines.
Marketin~ Outreach
Sessions attended the following events:
· November 2, 1999 - TeamCalifornia Marketing Taskforce Committee Meeting in
Corona. (See attached for notes on topics, discussion and updates.)
· November 3, 1999 - Workforce Development Center - A meeting with Rob Moran, Mark
Christiansen, and Rosa Lazenby, all of the EDA, to discuss the terms and conditions of the
offer to occupy a designated office space in the WDC.
· November 3, 1999 - Business Resource Group in Murrieta. Committee members reviewed
the draft Business Resource Guide. Pending items for inclusion are cities and county pages
(4 per agency), revisions, graphics and formatting. The timeline for print is targeted for mid-
January. Kathleen Newton will continue to act as project consultant through completion.
· November 4, 1999 - EDC Business Relations Committee Meeting at Rancho Springs
Medical Center in Murrieta. (See Business Relations for details.)
· November 4, 1999 - Southwest Riverside County Manufacturers' Council Expo
The Expo was held at the Temeku Hills Golf & Country Club in Temecula and displayed
approximately 39 booths by local manufacturers, utility companies, and Southwest County
municipalities and chambers.
· November 9, 1999 - California Bank & Trust Annual Holiday Party in Temecula. Invited
customers and guests attended the elegantly catered event.
· November 10, 1999 - Workforce Development Center Orientation - Orientation included
partner introductions and overviews of each WDC agency and services, a site tour, and
training relative to security, information technology, telephones, office equipment, and
facilities management. The WDC was prepared for occupancy on November 12, 1999.
Jim O'Grady
City of Temecula
December 3, 1999
Page 2 of 4
· November 10, 1999 - A meeting with Charles Stein of Strategic Development Services.
Mr. Stein proposed consulting services that would provide leadership assessment and
strategic development to the EDC. The proposal was forwarded to Board Chairman Gary
Youmans, who will be contacted directly by Mr. Stein.
· November 15, 1999 - Temecula Connect Spring Board Presentation for OmniCorder
Technologies in Temecula. Mark Fauci presented the high-tech OmniCorder, an innovative
medical device that is used to screen patients for early detection of breast cancer. A panel
review and feedback session by medical and industry peers followed the presentation.
· November 17, 1999 - Temecula Chamber of Commerce Mixer hosted by San Diego
County Credit Union in Temecula.
· November 18, 1999 - Workforce Development Center Partner Meeting held at the WDC
in Temecula. This was the first monthly meeting of WDC partners. The purpose of the
meetings is to share ideas relative to the promotion of the WDC and to set continuous
operating standards for the benefit of all panners and clients.
· November 18, 1999 - Lake E!sinore Valley Chamber of Commerce/EDC Connections
Luncheon held at the L.E. Outlet Center. Chamber members and government
representatives shared information relative to the economic development Southwest
Riverside County. Guest speaker Tony Bishop of Murrieta shared his experiences in
business ethics. EDC-SWRC staff was requested to share EDC updates at future luncheons.
· November 18, 1999 - Business Relations Visit to Southern California Hydroseed &
Hydromulch at 42396 Rio Nedo, Temecula. (See Business Relations for details)
· November 22, 1999 - 1999 Business Survey Committee Meeting held at the Murrieta
Chamber of Commerce. The meeting was facilitated by Lisa Sato of The Resource Group.
Attendees reviewed the draft copy of the survey and made revisions. Survey data and
formulas were discussed.
· November 30, 1999 - EDC Programs Committee Meeting - Staff and EDC committee
members met to discuss topic ideas for the next four quarterly luncheons. Ideas were
submitted and Jim O'Grady volunteered to take the lead with staff for the next quarterly
luncheon in late January.
Business Relations
· The Business Relations Committee met on November 4, 1999. A visit with Gary Baker,
CFO of Channel Corporation, was conducted. Discussions of past issues related to city fees
and an anticipated letter from the city were addressed. Jim O'Grady to follow up. There are
400 employees throughout several corporate locations. Growth of 100 additional employees
is expected next year. Expansion to approximately 56,000 square feet is anticipated. Items
of concern are residential zoning of adjacent properties and freeway signage. It was
suggested that the City of Temecula make a presentation to Chanell employees to establish
good-will relations and encourage participation in city planning.
· Excel Manufacturing, a manufacturer of device and fiber optic cabling originally from
Orange County, employs up to eight employees. Items of concern are regulations and taxes
that stifle growth.
Jim O'Grady
City of Temecula
December 3, 1999
Page 3 of 4
· Isomedix provides gas sterilization for medical and other industries that require equipment
and product sterilization. There are twenty-two employees housed within 45,000 square feet.
Business is steady with no plans to expand. Much of the product is shipped to the plant for
sterilization and then shipped back to its origin.
· Sessions and Hanna made a visit to Southern California Hydroseed and Hydromulch.
Owners Mike and Carolyn Santoro have been in the landscape/hydroseed business in
Temecula for 15 years. Sales are up in recent years due to a strong economy. Skilled work
force, quality of life, beauty of area, community resources, air quality public safety, and
traffic all rank very important for their satisfaction in Temecula. Their complaint was the
pending change of phone numbers after 15 years.
· Studio Magic, a privately-held corporation, employs four and is a full-production film
facility. They have been in Temecula for four years and in Los Angeles for nineteen years.
Item of concem is that local government should support local businesses.
· AWSM, Inc., a privately-owned corporation that represents manufacturing businesses, has
been in business for six years in Temecula. It is owner operated with no employees.
· P&G Precision, inc. is a supplier of medical screws. Primary customers are located in
Carlshad and Colorado. There are twenty employees of this female-owned corporation in
Murrieta. P&G have been in business for three years in Southwest Riverside County and six
years total in operation. Items of concern are skilled labor, high taxes, and low wages (cannot
pay higher than larger shops).
· Attempts were made with Artesia Implements and Head To Toe. Follow-up on both
companies is scheduled.
· Goal Progress Report
Annual Goal (as of July 1999)
27 Visits 33 Phone Interviews
(3 points) (1 point)
60 Total
( 114 points)
YTD Visits Phone Points
Actual 8 9 33
Goal 11 13 46
Variance -3 -4 - 13
· Action items were reported on the Manufacturers' Council Presentation which is targeted for
mid-January, Hudson RCI's expansion is in progress, the report on a visit to Hydro Flow is
scheduled for the next meeting, OmniCorder was presented at Temecula Connect Spring
Board - funding is still not established, and the regional business survey and Resource Guide
is in its completion stages.
· Jim O'Grady, Marlene Best, and Tammy Walsh presented City and Chamber news. A
request to visit Quality Control (?) was noted.
· Next Business Relations Meeting scheduled for January 6, 2000.
TEAMCALIFORNIA MEETING - NOVEMBER 2, 1999
Publications Work Group Update
1. Web site: www.teamcalifornia.org (800) 326-2606
2. Return the "New Facilities & Expansions" form to Conway Data, Inc. by December 1.
3. Outlook and Expansion magazines include a matrix as part of TC - can be viewed
online
4. Discussion held regarding sponsorship drive through regional visits to local businesses
5. Can pull various ads used in publications from TC web site
6. Discussion held regarding placement of demographic information for California on
collateral material to compliment IMAX film - to be used as a handout
7. Discussion held regarding formation of committee to contact Calif. legislators via
letters series to fund TeamCalifornia projects that promote business expansion in
California - Mary Jane Ohlasso to spearhead
8. TC offered to place every panner's newsletters, etc., on the TC web site - email
newsletter text to TC
Tradeshows Work Group Update
1. Generic update on booth design and show schedule 2000 - next show in Las Vegas - date ?
TeamCalifornia On-Line Community
1. Can complete application to join TC on-line through web site
2. Generic update on status, content and launch - visit web site
Update on Statewide Marketin~ Camoai~ns
1. California Tomorrow Today Campaign - can obtain collateral material from TC - will send
any quantity for your local use
Strategic Marketin~ Plan for 2000
1. Handout - reviewed
2. Suggestion by Ron Bradley to add a vision section (examples:
California Marketing, concrete visions for next five years)
Legislative activities,
TEMECULA VALLEY FILM COUNCIL
ACTIVITIES REPORT
November 1999
Members of the Temecula Valley Film Council are Maggi Allen, President;
Sunny Thomas, Vice-President; Judi Staats, Treasurer; Steve Phelps,
Secretary; Brian Padberg, Sheri Davis, Stacy Sievek, Penny Rivera, Joe
Hem berg and Patty Slayton.
The Business of the Film Counc~
· This month we received 32 phone calls 3 - Film Festival, 8- locations
and information requests, 21- council business.
· The Production Guide Review committee is continuing to call local
businesses to add to and update information for reprint.
· Photo files and negatives are being reviewed. The Board approved the
purchase of an external rewritable CD ROM drive to create and store our
locations photo library. New photos are being gathered
· TVFC will continue to support the Chamber and the City's Tourism
Committees. We are still planning to have our website ready in early
2000 with online access to our location photo library.
Filming in Temecula
· We were contacted by DensuTech, a marketing firm for Japanese
automobiles, to supply several on road photo locations - roads by a river,
by a lake, straight roads, winding roads, in mountains, by cliffs and over
a bridge. New photos were taken and sent to DensuTech. They will be
contacting us in January.
· IEEP Film Commission referred a request for a two-story deserted or
seemingly deserted farmhouse. Possible photo locations were faxed at
their request~
· The City of Temecula forwarded a request for permitting and fee
infoimation to the TVFC. Stacey Sievek is working with the production
people to meet their needs.
ADVERTISING SUPPLEMENT
Tile II'I~.~.NTEI/I'ItlSE
Bl. day, November 261 1999
Santa's Toy Bag
Gift ideas for children
Touches
stuffer ideas
Wrapped Up
oughtful, creative
gifts
Yuletide Treats
Goodies to give as gifts
OLD FASHXON HOLIDAY FUN IN OLD TOWN TEMEC1"\
ve~ ~ekend. Nov. 27 through
feature holiday shopping. fine dining
and fesftvmes.
Old Town's lineup ~,.~fl include
strolling carolers. holiday-themed
characters. marionettes. live entertain-
ment. horse-driven carnage and trol-
Icy tides. plus the holiday lights A
special holiday treat is Santa Claus.
who will be on hand at Butterfield
Square to listen to chddren's w~shes
The recently renovated Old Town
District is a shopper's delight with
convement parling. wooden board.
walks and a variety of restaurants.
Old Town Temecuh as known for
its many antique shops (more than
640 dealers). one-of-a-kind boutiques
art galleries. crafts and Old West
charm.
· The Temecula Valley Museum
Gift Shop offers a large vanet'/of
book~ on the h~story of the Tcmecula
valley and related subiects. children's
items (from fun to educat:onal), col-
leciibles. clothing and accessories,
many thereed to the western flavor of
the museum.
Take ,me out to explore the city's
treasures throughout the new 7,000-
Shopping in Old Town Temecula is a real experience with over 640 different dealers
offering one of a kind boutiques, antiques and crafts.
Diego off the 1-15 t?eeway
CHRISTMAS
Continued from
Gunfighters having a shoot out
down Main Street at noon.
Louis Cdan and Joyce Zelenz will
do story telling at 1 p.m. in the
chtidren's tent, which is at Front
and Sixth streets.
Sunday's events will include a
performance by the University of
Temecula Dance Academy at 1
r T.E PIII-:~,~EXTERPRISE. Friday, November 26, 1999. B-3,_
p.m. on the main stage at Front and
Fourth streets.
Sltuffiay
I Old Town Temecula Farmers Market fea-
tunng handmade Crafts, fresh fruit, vegeta-
bles and flowers ~s from 8 a.m. to neon at
the Transportabort Center, Sixth an~gont '
streets.
· Author Jane Coscarelh will reacl from her
new children's picture book, "The Pinata
l The Califomaa Knifemakers ASSOcklt~On wr~
have its third annual knife show. 10 a,m, ~o
4 p.m. at the Embassy Suites on Rancho,L
Cahfomja Road in Temecula. (909) 302-
0267.
· Christmas tree I~ghbng ceremony. 5:30
p.rn. at Tower Plaza Center on Ynez I~aQ---
in Temecula. Santa will arnve in a horse-
drawn sleigh and elves wfli stag Cr~nstmasz,-
carols. make barleon animals and paint ..~
faces.
· Sunday
· The CaJffom~a Knifemakers Asseo~atson ~HI,~
have ~ts third annual knife show, 10 a.m. to
4 p.m. at the Ernl~assy SuRes On Rancbuu
Ce~ifc~ta R~a~ ~n Temecula.
0267
ORTH D_
COU
SPECIAL PULLOUT SECTION
Light~ are the
first thing tha~
should go on
the tree ~
wtaFe them in
and out of the
branchts.
Next, think
about choosing
a unifying
theme for your
tree decora-
tions, like old-
fashioned
Santa orna-
ments.
Copley Services
Decorating ideas for trimming the tree
ver't year, while stripping the tree of tinsel
and white lights, you tell yourseft nex~ year
E wii] be different. There will be more lights.
more ghrter, more organization. Your Christmas
tree will look like something out of House
BeautiM rather than a "Peanuts" comic strip.
You brave the post-holiday sales rush and buy
extra setsoflights, packing them up for theglo-
'ous year to come. But then, as the day
,proaches. 11 months later, you find yourseft
scurrying around again, telling yourself you'll be
satisfied ff the tree gets up at all.
Stop and take a deep breath. Even if you
haven't fuily orgamzed a plan in your head. you
can still create a beautiful ttte that the whole
famdy can be proud of.
Trees
The first step is to measure your ceiling
height and determine how big of a tree you
should get. Keep in mind, 'The taller the trte,
the wider the base," said Pat Quillman, owner of
Pat's Pickin's in Elgin, ill. If you're not using an
artificial tree, decide winch type of tree to buy.
Some are bushy and full with green-blue needles.
Others are narrow and nearly symmetrical with
gray-blue needles.
The Balsam fir. for ey~mple, has short, fiat
needles with rounded tips. Its widely spaced
branches can be decorated with many hanging
ornaments. The Scotch pine, on the other hand,
requires linle ornamentation because of iu
bushy fu~ness. The dense Norway spruce also
needs little ornamentation as the branches sweep
gracefully upward. ~g it a good candidate
because of their rigl~L'~.'e branches.
'They're bener,foH~acorafing; she said.
After setting th~ ti'~ up fnd making sure it's
straight, take time to~lkh~pe r. he_br~nches. Bend
the tips slightly upwa~;inc~easing the angle as
you move up the tree~*"
LIghtS ~ ':
Weave lights m and out 9f the tree. starting at
the trunk. Never jump to the nm layer of
See Merry on page NC-2
I
B ow-Out Sale
They offe~ a variety of unique
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Danceworks Ballet Theatre
PRESENTS
· .,.-i.u the Nutcracker Suite 1999 s..,f,,~,
December 11 ATTHE December
2:00 & 7:00 CARESBAD CULTURAL ARTS CENTER 2:00
TICKETS:
$8.00 Group $12.00 reserved $14.00 At The door
JOIN US FOR A SUGAR PLUM DELIGHT f
Sunday Dec. 12lh at 2:00 · Tickets $15
(Resen'ed Center .seating. To,r qf Back~tage.
F Refreshments. Mee~ the Dancers) LL
November 26.1999
publication of The Rancho News
F.day. NoRmme 26.1999 s",','~
OLD TOwN TEMECU[A
CALENDAR OF EVENTS
wiH perform
Nov. 27 and
28.
Saturday, Nov. 27
· Mickey the Chimney sweep Mime
noon-4 p.m. I~ Children's Tent and S{rolling
· Santa ~ Bunerfield Square
noondip.re.
· Story telling -- Lewis Crane
1-2 p.m. Ca, Children's Tent
· MaRhew Fagan fin er-style guitanst
2-Sp.m. ~ the Oak ~ree (Next to Grange I1 on front Street)
John Laskin
(pictured)
Jazz Duo with
Brian Otto
will perform
Dec. 5 and 19,
Sunday, Nov. 28
· Mickey the Chimney sweep Mime
noon-4 pro. r. Children's Tent and Strolling
· Santa {f, Buneff~eld Square
noon-4p.m.
· University of Temecula Dance Academy
1-2 p.m. <l~ The Stage
· Matthew~agan finger-style guitarist
2-Sp.m. ~, the Oak Tree
Friday, Dec.3
® Third Annual Tree Lighting Ceremony
6p.m. (a Sam Hicks Monument park
Chaparral high School will perform
Refreshmentg will be served
Saturday, Dec. 4
· M ckev the Chimney sweep MIme
noon-4 p.m ,, Chilaren s Tent and Strolling
· Santa (- Burteffield Square
noon-4p.m.
· Vail Ranch Middle School Jazz Rand
1-2 p.m. Ih The Stage
Sunday, Dec. 5
· Dynamite Dave the Giant Elf
noon-4 p.m. i~ Children's Tent and Strolling
· Santa (,, Bunerfield Square
noon-4p.m.
· Simple Elegance
1-4 p.m.
Strolling Old Town
· John Laskin Jazz Duo Band with Brian Otto
1-3 p.m. ~ The Stage
Saturday, Dec. I 1
· Freckles the Elf
noon-4 p.m. (~ Children's Tent and Strolling
· Santa (~' Butterfield Square
noon4p.m.
· Robert Bacock playing a Hammered Dulcimer
2-3 p.m. ~ The Stage
· Franklin Hayes Marionettes
1-2:30 p.m. (Two performances)
· Mun~eta Valley High Schoo Choir
3-4 p.m. @ The Stage
· Chaparral High School Choir
4-5 p.m. @ The Stage
Tree Lighting
Ceremony
will take place Dec. 3
Sunday, Dec. 12
· Dynamite Dave the Giant Elf
noon-4 p.m. ~ Children's Tent and Strolling
· Santa 17., Buuerfield Square
noon-4p.m.
® Olde English Caro ers
2-4 p.m.
Strolling Old Town
· percusnon Drum Circle 1-3 p.m. i~, Children's Tent
(Public is'encouraged to participate)
· Hope Lutheran Bell Ensemble & Joy Ringer
Groups
1-3 p.m. at The Stage
Saturday, Dec. 18
· Mickey the Chimney sweep Mime
1-5 p.m. ~ Children's Tent and Strolling
· Santa (h Bunerfield Square
noon-4p.m.
· Story telling -- Lewis Crane
1-2 p.m. lil Chddren's Tent
Sunday, Dec. 19
· Dynamite Dave the GIant Elf
noon-4 p.m. ~, Children's Tern and Strolling
· Santa i,, Bur~erfield Square
noon-4p.m
· John Laskln Jazz Duo Band with Brlan Otto
noon-2 p.m. <,, The Stage
· Musicians Workshop Chddren's Chotr
1-3 p.m. at The Children's Stage
Simple
Elegance
will perform
Dec.5
Cover design
by Dave Coffman
Olae qtle
· in
(~09) 506-6335
Gary Denny
6766692
IL%PPT IIIII,II),%T~
Tax Preparation
Talcott Co.
· Income Tzx · Pa)Toll
AR'F & FRAME
oni ex~eat rpage,' '
THE
,.aoo* f.
Old-fashion holiday in Old Town
OLD TOWN
TEMECULA -- Lively
:i sounds of the sea-
Jon, will draw crowds to
an Old-Fashion Christ-
mas in Old Town Nov.
27 through Dec. 19.
Holiy wreaths and
colodul lights serve to
greet those visiting the
mty's historic sector.
while a brigade of holi-
day-themed characters
and talented carolers
stroll abo~c the friendly
streets -- spreading
cheer and merriment to
the young and young-at-
heart
Matthew Fagan
opens the live entertain-
ment segment of the
extravaganza from 2 to
5 p.m. Nov. 27 and 28
under the old oak tree
near Old Town Front and
Main streets. His recent-
ly released CD, Mind-
,dtarist/eongwriter
Nlatthew Fagan,
Simple Elegance took first-place honors at Ner-
vous Novice -- Sweet Adelines Regional
Competition recently,
scapes. is receiving rave
reviews from guitar
fanciers and cdtics alike.
On Dec. 3, celebrate
the Third Annual Tree
Lignbng at 6 p.m. at
Sam Hicks Monument
Park, 41970 Moreno
Drive. ChaOarral High
School Choir will sing
enchanting melodies.
The award-winmng
Vail Ranch Middle
School Jazz Band siz-
zles from I to 2 p.m.
Dec. 4 and Simple
Elegance -- an out-
standing female baroar-
shop quartet -- harmo-
nizes from 1 to 4 p.m,
Dec. 5.
Santa Claus visits
children from noon to 4
p.m. every weekend
through Dec. 19 in But-
tertield Square,
Award-winning Vail Ranch Middle School "Bull-
dog" Jazz Bend.
Ride a horse-drawn
carnage through town,
shop for unique gifts,
dine out at fine eateries.
Look to Roundup's
Calendar pages for com-
plete listing of entertain-
call (888) TEMECULA
filAT SPi:iXL
WAilIll UP YGI~
ilOLBIAY SliOPPiilG
DANCINg CATOil
HOT SAUI: S
ENTERTAII~MENTROUNDUP 9
Gramma Audrey's Antiques & Collectibles
28635 Old Town Front St.
Old Town Tcmccula
(909) 699-9139 · (909) 699-9338
SILVER SPOON RESTAURANT
Breakfast
and
Lunch
Daily specials
Enjoy our charming
dining room or patio garden
LIVE ENTERTAINMENrF
Noon to 3 p.m.
every Sunday
1997 Small Business Serving the community
of the Year nominee for more than 12 years
28690 Old 'lbwn Front St.
Old Town Temecula
(909) 699-101 5
OLO TOWN POTS
Clay Potter), · Bird Baths
Garden Sanctuary · Antiques
Water Fountains
Wrought Iron Patio Furniture attd Accessories
JACK GREEN. PROPRIETOR
42061 Main St. · Old Town Temecula
(909) 676-3370
F iK AE FA$1 !JO! EDD)
fiOVF,~BF.~ Zl - DECF, Fii~ER Zq}
Wiffi over ~0 dHtem of andquH, g~ a~ ~l~b~ you're sum ~ find just ~at you're
I~ br. And mile you're shoppi~, enjoy the s~lling ~m~m,
homed~ ~m~e fide, ~liday light, I~e ente~in~t,
fine dining, Sam Claus and much mom~
A Lr~IWE liOUDAI EXPF..EIEHCE
FOR THE WHOLE FA!~LYl
3rd Annual Tree Lighting Ceremony
Dec. 3rd at 6:00 pm
Sam Hicks Monument Pank
Feat
ride,
luring
out to
Patdcia Lange, 2, of Temecula receives candy from Santa Claus (VInce
Benojt) in Old Town Temecela on Sunday after telling him what she
wants for Chds'unas. Weekend events will ha held until the holiday.