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HomeMy WebLinkAbout082791 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA TEMPORARY COMMUNITY CENTER - 27475 COMMERCE CENTER DRIVE AUGUST 27, 1991 - 7:00 PM EXECUTIVE SESSION - 5:30 PM - Closed session regarding potential litigation pursuant to Government Code Sections 54956.9(b) and 54956.9(c) - Main Conference Room, City Hall, 43174 Business Park Drive, Temecula. Next in Order: Ordinance: No. 91-34 Resolution: No. 91-86 CALL TO ORDER: Mayor Ronald J. Parks Invocation Father Edward Renner St. Thomas Episcopal Church Flag Salute Councilmember Birdsall ROLL CALL: Birdsall, Lindemans, Moore, Mur~oz, Parks PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not; listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a 'Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. 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. 2/Igendd08/27/91 1 08/23/91 CONSENT CALENDAR 2 Standard Ordinance Adootion 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 2.2 2.3 Approve the minutes of August 5, 1991. Approve the minutes of August 6, 1991. Approve the minutes of August 13, 1991. 3 Resolution AODrOvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Reoort as of July 31.1991 RECOMMENDATION: 4.1 Receive and File the City Treasurer's Report. 2legenddOS127/91 2 08123/91 5 Aareement Establishing Redevelooment Agency Administrative Trust and Revolving Fund RECOMMENDATION: 5.1 Approve an agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula to establish an Agency Administrative Fund and a Revolving Fund. 6 7 Acceptance of Public Improvements - Tract No. 20703-1 RECOMMENDATION: 6.1 6.2 6.3 6.4 Accept the Public Improvements in Tract No. 20703-1 and authorize the reduction of Faithful Performance Street, Sewer and Water bonds. Accept the Faithful Performance Maintenance Bonds Approve the Subdivision Agreement Rider Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Acceptance of Public Improvements - Tract No. 22786 RECOMMENDATION: 7.1 7.2 7.3 7.4 Accept the Public Improvements in Tract No. 20703-1 and authorize the reduction of Faithful Performance Street, Sewer and Water bonds. Accept the Faithful Performance Maintenance Bonds Approve the Subdivision Agreement Rider Direct the City Clerk to so advise the Clerk of the Board of Supervisors. 8 Final Parcel MaD No. 26625 RECOMMENDATION: 8.1 Approve Final Parcel Map No. 26625. 211gendN08127/91 3 08123/91 SECOND READING OF ORDINANCES 9 Ordinance ADoroving Zone ChanQe No. 9 - Providing for Duolex and Four-Rex Units in PlanninQ Area No. 37 RECOMMENDATION: 9.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING ORDINANCE NO. 348.2922 OF SAID CITY IN THE CHANGE OF ZONE NO. 9, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR- PLEX UNITS IN PLANNING AREA NO. 37 OF SPECIFIC PLAN NO. 199 10 Ordinance Reeulating Outdoor Advertisine Disolavs RECOMMENDATION: 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING INTERIM ZONING ORDINANCE NO. 91-17 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS. 11 .11.1 Business License Ordinance RECOMMENDATION: Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A BUSINESS REGISTRATION PROGRAM. 211gendl108127181 4 08/23/81 Ordinance AoDrovina Zone Chanqe No. 5755 RECOMMENDATION: 12.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 5755 CHANGING THE ZONE FROM M- SC (MANUFACTURING SERVICE COMMERCIAL TO CI/CP (GENERAL COMMERCIAL) ON 6.2 NET ACRES AT THE NORTHWEST CORNER OF DIAZ AND RANCHO CALIFORNIA ROADS, ALSO KNOWN AS ASSESSOR'S PARCEL NO. 921-020-058 AND 059. 13 Ordinance Amending Zoning MaD in Change of Zone No. 16 RECOMMENDATION: 13.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 16 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) LOCATED AT 27628 JEFFERSON AVENUE, ALSO KNOWN AS ASSESSOR'S PARCEL NO. 910-130-026 14 Ordinance to Grant a Franchise to Southern California Gas Company RECOMMENDATION: 14.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY. 21egende108127191 6 08123191 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 AOOeal NO. 15 - Winston Tire/Local Neon Company (An appeal of denial of roof/wall sign facing Jefferson Avenue at 27425 Jefferson) RECOMMENDATION: 15.1 Deny Appeal No. 15 and uphold the Planning Commission denial of Appeal No. 15. 16 Tentative Parcel Mao No. 25418 (A proposal to subdivide 40.7 acres into five (5) commercial lots and nine (9) open space parcels within Planning Area No. 1 of the Meadows Specific Plan located northeast of Highway 79 and Margarita Road.) RECOMMENDATION: 16.1 16.2 Adopt Negative Declaration for Vesting Tentative Parcel Map No. 25418; and Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE PARCEL MAP NO. 25418 TO SUBDIVIDE A 36.4 ACRE PARCEL INTO FIVE COMMERCIAL PARCELS AND NINE OPEN SPACE PARCELS LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79 AND KNOWN AS ASSESSOR'S PARCEL NO. 926- 013-012. 2/IgendNOB/27/g1 6 08123/gl 17 Temoorarv Closure of Avenida De La Reina (A proposal to close on a temporary basis Avenida De La Reina between Calle Aragon and Corte Arroyo Vista/Corte Alhambra. RECOMMENDATION: 17.1 Approve the temporary closure of Avenida De La Reina between Calle Aragon and Carte Arroyo Vista for six (6) months to determine the feasibility of implementing a permanent closure. COUNCIL BUSINESS 18 Adoption of Uraencv Ordinance Amendinc~ Chapter 2.20 of the Temecula Municioal Code and AoDroval of an Interim Multi-Hazard Functional Plan RECOMMENDATION: 18.1 Approve and adopt the Interim Multi-hazard Functional Plan for the City of Temecula. 18.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.20, "DISASTER RELIEF" OF THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES THEREOF, AND AMENDING DEFINITIONS AND PENALTIES 19 Consideration of City of Temecula Economic Development Brochure RECOMMENDATION: 19.1 That the City Council choose two of its members to work with the City Manager in developing a comprehensive economic development and business information program. 21,eenddOB/27/g 1 7 08/23/g 1 20 Appointments to Old Town Historic Review Committee 21 RECOMMENDATION: 20.1 Appoint a five-member Old Town Historic Review Committee to operated within the guidelines adopted August 13, 1991. Undergrounding of Utility Lines and Interim Road Widenine Within Community Facilities District CFD 88-12 RECOMMENDATION: 21.1 Consider undergrounding the existing overhead facilities and constructing two exterior lanes to ultimate design specifications to provide four (4) travel lanes on Ynez Road. 22 Amendment to CFD 88-12 Engineering Services Contract with J. F. Davidson Associates, Inc. RECOMMENDATION: 22.1 Approve a contract amendment with J. F. Davidson Associates, Inc., to provide additional design services in the amount of $86,100 and authorize the Mayor to execute the contract amendment. 23 Authorization to Purchase Former School Bus Facility Located in Old Town RECOMMENDATION: 23.1 Report to follow under separate cover. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: Center, 27475 Commerce Center Drive, Temecula, California 2/ageride/08/27/01 8 September 10, 1991,7:00 PM, Temporary Temecula Community 08123/11 TEMECULA COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: DISTRICT BUSINESS 1 Minutes President J. Sal Mu~oz DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mur'ioz Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RECOMMENDATION: 1.1 Approve the minutes of the meeting of August 13, 1991. 2 Donation of Property - West of Via Gilberto Road RECOMMENDATION: 2.1 Accept donation of 2.8 acre property located west of Via Gilberto Road from Silverwood and H.R. Remington Properties. 3 Award of Bid - California Landscape Inc. for Parks and Slooes RECOMMENDATION: · 3.1 Award bid to California Landscape Inc., to provide landscaping services to TCSD Parks and Slope areas. COMMUNITY SERVICES DIRECTOR'S REPORT BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting Temecula Community Temecula, California September 10, 1991, 8:00 PM, Temporary Center, 27475 Commerce Center Drive, 2/e~endl/08/27/91 e 08123/el TEMECULA REDEVELOPMENT AGENCY MEETING ;...: :' ~;::' ..: i: :. '~"' · :.~" ,. CALL TO ORDER: ROLL CALL: Chairperson Peg Moore presiding AGENCY rv~_MBERS: Birdsall, Lindemans, Mur~oz, Parks Moore, PUBLIC COMMENT: AGENCY BUSINESS 1 Minutes RECOMMENDATION: Anyone wishing to address the Agency, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. 1.1 Approve the minutes of August 13, 1991. 2 3 Ac~reement Establishina RDA Administrative and Revolving Funds RECOMMENDATION: 2.1 Approve an agreement between the Redevelopment Agency and the City of Temecula to establish an Agency Administration Fund and a Revolving Fund. Authorization to Purchase Former School Bus Facility Located in Old Town RECOMMENDATION: 3.1 Report to follow under separate cover EXECUTIVE SERVICES DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting Temecula Community Temecula, California September 10, 1991, 8:00 PM, Temporary Center, 27475 Commerce Center Drive, 21eeendd08/2719 1 10 08/23/91 ITEM NO. 1 ITEM NO. 2 MINUTES OF A SPECIAL JOINT MEETING OF THE TEMECULA CITY COUNCIL AND THE CITY COUNCIL OF THE CITY OF MURRIETA HELD AUGUST 5, 1991 A joint workshop of the Temecula City Council and the City Council of the City of Murrieta was called to order at 6:35 PM in the Main Conference Room of the Temecula City Hall, 43174 Business Park Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 5 TEMECULA Birdsall, Lindemans, Moore, COUNCILMEMBERS: Mu~oz, Parks ABSENT: 0 COUNCILMEMBERS: None PRESENT 4 MURRIETA COUNCILMEMBERS: Haas, Perry, Weishaupl, Allen ABSENT: 1 COUNCILMEMBERS: Smith Also present were City Managers David F. Dixon and Jack Smith, City Attorneys Scott F. Field and Neil Singer, and City Clerks June S. Greek and Alice Hare· PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Mayor Jerry Allen. PUBLIC COMMENTS None offered. DISCOSSION ITEMS Spheres of Influence Temecula City Manager David Dixon presented a staff report outlining the areas proposed by the City of Temecula to LAFCO to form Temecula's Sphere of Influence. Murrieta City Manager Jack Smith stated that the City of Murrieta is primarily planning to move in a northerly direction with its sphere and that the Council would like to use Winchester Road as the south easterly boundary. He suggested that having Temecula use Winchester Road as a northern boundary was a good solution· 2/MinutesiS/0519 1 - 1 - 08/12/91 City Council Minutes Auoust 5, 1991 Councilmember Lindemans stated that using Winchester Road as the boundary between both city's spheres of influence had been discussed at a previous meeting, and at that time it was agreed that the property owners would be allowed to request adjustments to that boundary both to the north and south of Winchester Road. Councilmember Mu~oz noted that the cities have "agreed to disagree" on this point and that LAFCO would ultimately hear both viewpoints and make a determination. Mayor Parks outlined the reasons that the City of Temecula feels that the area surrounding Winchester Road will be served by the City of Temecula particularly in light of the boundaries of Assessment District No. 161. Mayor Allen stated that using Winchester Road/State Route 79 as the boundary makes the most sense because the areas to the north form a natural drainage area and need to be developed with that in mind rather than piecemeal by two different jurisdictions. 2. Traffic Circulation/Date Street Overcrossing City Manager Jack Smith presented a staff report. He advised that the City of Murrieta is currently working on a traffic model and suggested the City of Temecula might also utilize this type of model for common arterials. He also stated that Murrieta is working on a road and bridge district as a major priority to insure that necessary bridge construction is accomplished thereby avoiding circulation problems in the future. City Manager Dixon suggested that the two communities jointly address the north/south linking streets. In response to a question from Councilmember Lindemans, City Manager Smith advised that Murrieta will probably not be adopting the Southwest Area Plan (SWAP) in total, because they also have concerns with elements of that plan. Councilmember Haas stated that the Date Street overcrossing, in his opinion, should be a freeway interchange. Councilmember Peery expressed concurrence with this .view. Mayor Parks stated that since Caltrans has indicated that Date Street is too close to the junction of the 1-215 and I-15 freeways to place a full interchange, perhaps other alternatives to correcting the traffic circulation in that area should be look at. Councilmember Weishaupl express the belief that the City Councils of the Cities of Temecula and Murrieta need to present a united front and take the request for an interchange at this location to the Federal government if necessary. Mayor Allen suggested that the two cities should also enlist the cooperation of the County by entering into a joint powers agreement to work toward a solution. 21Minutesl810519 1 -2- O8/12/91 City Council Minutes Auoust 5. 1991 C. Max Gillis, Transportation Consultant for the City of Temecula reported that the entire valley has a transportation and circulation problem. He advised that if a circulation plan is developed, that addresses the regional aspect, the state and federal governments will look more favorably at additional freeway off and on ramps. Dan Gerstra, (no address given) stated he favors a Date Street overpass and an interchange at Elm Street to hook up with Jackson Street in Murrieta. Councilmember Lindemans asked that staff be directed to work with the City of Murrieta staff and to meet with available experts to seek common solutions. Economic Development City Manager Dixon presented a staff report and suggested that the subject of Economic Development is a regional matter and the efforts made by both cities will mutually benefit each community. He recommended that a strong cooperative effort be made to encourage new industrial and commercial development and the employment opportunities they represent. City Manager Smith stated that while jobs are very important, the City of Murrieta has some concerns with the management of the Temecula Economic Development Corporation (EDC). He also expressed the opinion that it is not logical to assume the two cities will share information that has implications for increased sales tax revenues with one another. Mayor Parks said he hoped the City of Murrieta looks favorably upon joining the Temecula EDC because both municipalities should be aware of the industrial development being courted by the EDC. Councilmember Mu~oz stated he believes both cities need to contribute to this effort equally in the areas of expenditure of effort and financial resources. French Valley AirPort Councilmember Peery expressed the belief that French Valley Airport is a prime target for becoming a regional commuter airport. Mayor Parks suggested the City of Murrieta become involved with the airport land use commission to increase awareness of the activities of the airport and the possible impacts on the residents of both communities. Flood Control - Murrieta Creek 2/Minutes/8/05/91 -3- 08/12/91 City Council Minutes Auoust 5. 1991 Mayor Parks gave a brief report of the activities of the Murrieta Creek Flood Control Committee. He advised that the ongoing study is being set aside for 90 days to address mitigation factors. He said both cities will be impacted financially when the State issues the 401 and 404 permits. Councilmember Haas stated that he would like to see a bike trail along the creek from Wildomar through Temecula. He said this would remove the dangerous conditions created by bike traffic on both Washington and Jefferson in Murrieta. Joint Use Agreements Mayor Parks opened discussion by suggesting that the cities need to be jointly look for some space to be used for larger annual events like the Great Temecula Tractor Race, the Balloon and Wine Festival, Juan Murrieta Days, etc. Councilmember Haas said the Thompson Field Airport will be eliminated when the Nutmeg Street bridge is built. He suggested this area might be an ideal site. Councilmember Peery said he would like to see a common boundary park to help address the problem created by the County's ignoring both cities in the area of park development. Councilmember Mu~oz also suggested joint efforts to accomplish a bus system to serve both communities. Councilmember Haas said he has felt a small steam train which would run between the two "Old Towns" might be an excellent joint venture. Councilmember Peery stated he feels the two cities should join together to work out ways to utilize the 20 foot easements along Winchester Road. CITY MANAGER REPORTS None presented CITY ATTORNEY REPORTS None presented CITY COUNCIL REPORTS Mayor Jerry Allen suggested continuing the joint meetings on a regular basis. 2/Minutes/8/05/91 -4- 08/12/91 City Council Minutes Au0ust 5, 1991 After a brief discussion both City Councils, by consensus, agreed to schedule joint meetings in the months of February and August. ADJOURNMENT Mayor Parks declared the meeting adjourned at 8:19 PM to a meeting to be held at 7:00 PM on Tuesday, August 6, 1991, at the Temecula Temporary Community Center, 27475 Commerce Center Drive, Temecula, California. RONALD J. PARKS, MAYOR ATTEST: JUNE S. GREEK, CITY CLERK 21Minutesl8105/91 -5- O8/12/91 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 6, 1991 An adjourned regular meeting of the Temecula City Council was called to order at 7:07 PM in the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. INVOCATION The invocation was given by Assistant Pastor Hack Wilkerson of Harvester Church of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Karel Lindemans. PUBLIC COMMENTS John Dedovesh, 39450 Long Ridge Drive, spoke regarding the lack of street cleaning services in his neighborhood and the poor quality of the work when it is performed. He also stated that the City needs to have a Code Enforcement Officer working on weekends. CONSENT CALENDAR Councilmember Lindemans requested that item No. 3 be removed from the Consent Calendar. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to approve Consent Calendar items No. 1, 2 and 4 as follows: 1. Standard Ordinance Adoorion Procedure RECOMMENDATION: 1.1 Waive the reading of the text of all ordinances and resolutions included in the agenda. 2\Minutes\8/05/91 - 1 - 08/12/91 Citv Council Minutes 2. AOOrOval Of Telephone Lease/Purchase RECOMMENDATION: 2.1 August 6 1991 Approve the lease included in Attachment "A" of the staff report for telephone equipment. 4. Appropriation of Funds and Approval Of Payment to the County of Riverside Transportation Department for the Completion of Roadway Improvements at the Intersection of Nicolas Road and Winchester Road. RECOMMENDATION: 4.1 Appropriate $85,290.06 from the Gas Tax Fund balance into Account Number 165-5402 (Street Maintenance) for the payment of road improvements constructed by Riverside County Day Labor Forces at the intersection of Nicolas Road and Winchester Road in accordance with the City Council action of June 26, 1991. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: 0 ABSENT: 0 Birdsall, Lindemans, Moore, Mu~oz, Parks None None Memoranda of Understandinq - Johnson + Johnson Partnerships Councilmember Lindemans explained he is opposed to entering into memoranda of understanding for properties located within the City boundaries. He said he feels this give the appearance of granting approvals outside the normal channels. Bill Meacham, the City's Sphere of Influence Consultant stated the Memoranda of Understanding (MOU's) recognize only current zoning and that only two of the seven located within the incorporated area are going to be requesting changes of use. Councilmember Mu~oz asked the City Attorney if any of the understandings contained in the memoranda will require any special treatment of these properties by the City in the future. City Attorney Scott Field stated that no special treatment could be given under the existing government statutes whether or not an MOU exists for a given property. 2\Minutes\8/05/91 -2- 08/12/91 - City Council Minutes August 6 1991 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve the memoranda of understanding for the six (6) parcels located outside the City's incorporated boundaries and identified as: Johnson, Allen & Kinney, Rancho California Spa & Country Club; Rancho California Spa & Country Club I1-1, Rancho California Spa & Country Club 11-2, Murrieta Hot Springs Country Club and Murrieta Springs. The motion was unanimously carried. Councilmember Lindemans questioned the reason for entering into an MOU for properties within the City when they have already received all necessary approvals. Bill Meacham responded that within the framework of forming new City boundaries there is a need to reach a level of trust with landowners who may become a part of the City. This is a matter of moving forward in stages, reaching understandings first and then moving on to the next step of entering into pre-annexation agreements and specific plans. Councilmember Mu~oz requested that the City Attorney clarify the reasons for entering into MOU's for areas within the City. Mr. Field responded that they are used to create areas of understanding regarding future development agreements. Councilmember Birdsall expressed concern that entering into these agreements at this time does not take into consideration adjacent properties and the possible need to create buffer zones between these parcels and neighboring ones having substantially different uses. Sandra Wilson, 40390 Carmelita Circle, spoke in opposition to the approval of MOU's for properties already located in the City. It was moved by Councilmember Moore, seconded by Mayor Parks to accept the remaining seven MOU's for the parcels located within the City. Councilmember Mu~oz pointed out that the MOU's numbered 1 and 6 indicate that zone changes will be requested at a later date and he suggested these not be included in the motion to approve. Councilmember Moore amended the motion and Mayor Parks amended the second to approve the MOU's numbered No. 2, 3, 4, 5 and 7 and identified as: Rancho Core Associates No. 1; Rancho Core Associates No. 2, Rancho California City Associates I, Rancho California City Associates II and Rancho California Dairy Associates. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans 2\Minutes\8/05/91 -3- O8/12/91 City Council Minutes ABSENT: 0 COUNCILMEMBERS: None Auaust 6 1991 It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to deny the MOU's numbered No. 1 and 6 and identified as Los Ranchitos Estates and Rancho Village Associates. Dana Allen, President of Johnson + Johnson, the applicant, stated that this is a situation in which the parcels are all in separate partnerships. He advised he would need to have discussions with all of the individual partnerships to see if these denials will affect the other parcels which have been accepted. City Attorney Field, in response to a question posed by Councilmember Birdsall, stated that if LAFCO does not approve the inclusion of the parcels that are located outside the City of Temecula all of the Memoranda of Understanding become null and void. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, NOES: 2 COUNCILMEMBERS: Moore, Parks ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARINGS 5. Appeal No. 17 - CUP No. 11 Planning Director Gary Thornhill presented the staff report. He also noted that correspondence received from Bedford Property today in opposition to this proposal had been copied and provided to the Council. Mayor Parks and Councilmember Lindemans stated that they have listened to the audio tapes of the Planning Commission meeting dealing with this matter. Mayor Parks opened the public hearing at 7:53 PM. Barbara Elias, Red Carpet Realty, 38710 Murrieta Hot Springs Road, Murrieta, representing the applicant spoke in favor of upholding the appeal and allowing the "For Sale by Owner" parking lot. Sandra Wilson, 40390 Carmelita Circle, spoke in favor of the use at the proposed site. She also stated that the sales of autos by individuals has proven to be a dangerous practice and this use will provide a real service to the citizens of Temecula. 2\Minutes\8/05/91 -4- 08/12/91 City Council Minutes August 6 1991 Michael Barrios, Bonita, California stated that he is the owner of a "For Sale by Owner" car lot in San Diego. He spoke in favor of the concept and the proposed use in Temecula. He also stressed the safety factors involved in sale by owner direct transactions. Councilmember Birdsall questioned the zoning on the property Mr. Barrios uses in San Diego and was advised that it was in a commercial zone. Mr. Barrios also responded to Councilmember Mu~oz's question that the lot he operates in San Diego is on a very heavily traveled street and draws approximately 2,000 customers each weekend. John Dedovesh, 39450 Long Ridge Drive, questioned the number of cars to be parked on this lot. He said he favors this use but feels the location is not the right one. He also questioned how the sales tax is to be handled for a vendor of this kind. Chester Stender, 27919 Front Street, a tenant of the Creative Arts Building and operator of the Temecula Meeting Center, stated that his business utilizes the parking lot often on the weekends. He said he does not oppose this type of business but does oppose it at the proposed location. Jane Vernon, 30268 Mersey Court, spoke in favor of denial of this project, based on the number of speakers in opposition to this application at the Planning Commission meeting. Barbara Elias, spoke in rebuttal stating that there are 116 parking spaces, 14 of which will be reserved for tenants of the building and 14 which will be reserved for prospective buyers. She said the Temecula Meeting Center is only entitled to 10 parking spaces based on the amount of square footage they occupy in this facility. The Mayor declared the public hearing closed at 8:45 PM. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to Deny Appeal No. 17 and uphold the Planning Commission denial of Conditional Use Permit No. 11. Further it was directed that staff assist the applicant in identifying a compatible site for this use. · The motion was unanimously carried. RECESS Mayor Parks declared a recess at 8:56 PM, the meeting was reconvened at 9:12 PM with all members present. Change of Zone No. 9, Substantial Conformance No. 11, SDecific Plan No. 199, Buie Corporation Planning Director Gary Thornhill presented the staff report and advised that this is a housekeeping action to include original language in the new ordinance. 2\Minutes\8/O5/91 -5- 08/12/91 City Council Minutes August 61991 Mayor Parks opened the public hearing at 9:15 PM. City Clerk June Greek read a handwritten statement submitted by Jeff Davis, 31030 Corte Anza in opposition to the building of two-story four-plexes. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to close the public hearing at 9:16 PM and approve staff recommendations as follows: 6.1 Adopt a resolution entitled: RESOLUTION NO. 91-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 9 AMENDING ORDINANCE NO. 3489.2922 OF SAID CITY, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR-PLEX UNITS IN PLANNING AREA NO. 37 AND SPECIFIC PLAN NO. 199. 6.2 Introduce and ready by title only an ordinance entitled: ORDINANCE NO. 91-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 348.2922 OF SAID CITY IN THE CHANGE OF ZONE NO. 9, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR- PLEX UNITS IN PLANNING AREA NO. 37 OF SPECIFIC PLAN NO. 199. The motion was unanimously carried. Outdoor Advertising Disolav Ordinance Planning Director Gary Thornhill presented the staff report. Councilmember Moore asked if the language specified billboards or monument signs. Mr. Thornhill responded that this proposed ordinance would allow the City Council the · opportunity to look at all types of signs. Councilmember Mur~oz questioned if a request for variance from the current ordinance would not do the same thing. City Attorney Field advised that variances only can be granted if mitigating factors, such as unusual topography, etc. exist. Mayor Parks opened the public hearing at 9:20 PM. There were no written or oral communications presented. The Mayor declared the hearing closed at 9:21 PM. 2\Minutes\8/05/91 -6- 08/12/91 City Council Minutes August 6 1991 It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to table consideration of the ordinance. The motion was withdrawn after brief discussion. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to remove the references to an urgency ordinance in the title and in Section 6. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: 1 COUNCILMEMBERS: Mufioz ABSENT: 0 COUNCILMEMBERS: None City Attorney Field read the amended title of the ordinance. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to introduce the ordinance as amended. The motion was unanimously carried. CITY MANAGER REPORTS City Manager Dixon advised that he will be sending out a mid-monthly report to the Council on all in-progress items. CITY ATTORNEY REPORTS No report given. CITY COUNCIL REPORTS Councilmember Moore requested that consideration be given to increasing the dollar amounts that staff is authorized to approve on budgeted items, She also requested that in the future when Councilmembers place items on the Council agenda they provide a brief report supporting the reasons for the placement. Councilmember Mu~oz requested that additional attention be given to expressing gratitude to the businesses in the community and he requested that staff look into shortening or expediting the development processes for new businesses. Mayor Parks reported he will be compiling a notebook to contain reports on meetings he attends such as WRCOG. He stated this notebook will be available for other members of the Council in the City's library at City Hall. 2\Minutes\8/05/91 -7- 08/12/91 City Council Minutes Auaust 6 1991 Mayor Parks opened the public hearing at 9:15 PM. City Clerk June Greek read a handwritten statement submitted by Jeff Davis, 31030 Corte Anza in opposition to the building of two-story four-plexes. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to close the public hearing at 9:16 PM and approve staff recommendations as follows: 6.1 Adopt a resolution entitled: RESOLUTION NO. 91-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 9 AMENDING ORDINANCE NO. 3489.2922 OF SAID CITY, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR-PLEX UNITS IN PLANNING AREA NO. 37 AND SPECIFIC PLAN NO. 199. 6.2 Introduce and ready by title only an ordinance entitled: ORDINANCE NO. 91-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 348.2922 OF SAID CITY IN THE CHANGE OF ZONE NO. 9, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR- PLEX UNITS IN PLANNING AREA NO. 37 OF SPECIFIC PLAN NO. 199. The motion was unanimously carried. Outdoor Advertisina Display Ordinance Planning Director Gary Thornhill presented the staff report. Councilmember Moore asked if the language specified billboards or monument signs. Mr. Thornhill responded that this proposed ordinance would allow the City Council the 'opportunity to look at all types of signs. Councilmember Mur~oz questioned if a request for variance from the current ordinance would not do the same thing. City Attorney Field advised that variances only can be granted if mitigating factors, such as unusual topography, etc. exist. Mayor Parks opened the public hearing at 9:20 PM. There were no written or oral communications presented. The Mayor declared the hearing closed at 9:21 PM. 2\Minutes\8/05/91 -6- 08112/91 City Council Minutes Auliust 6 1991 Mayor Parks opened the public hearing at 9:15 PM. City Clerk June Greek read a handwritten statement submitted by Jeff Davis, 31030 Corte Anza in opposition to the building of two-story four-plexes. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to close the public hearing at 9:16 PM and approve staff recommendations as follows: 6.1 Adopt a resolution entitled: RESOLUTION NO. 91-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 9 AMENDING ORDINANCE NO. 3489.2922 OF SAID CITY, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR-PLEX UNITS IN PLANNING AREA NO. 37 AND SPECIFIC PLAN NO. 199. 6.2 Introduce and ready by title only an ordinance entitled: ORDINANCE NO. 91-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 348.2922 OF SAID CITY IN THE CHANGE OF ZONE NO. 9, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR- PLEX UNITS IN PLANNING AREA NO. 37 OF SPECIFIC PLAN NO. 199. The motion was unanimously carried. Outdoor Advertising Display Ordinance Planning Director Gary Thornhill presented the staff report. Councilmember Moore asked if the language specified billboards or monument signs. Mr. Thornhill responded that this proposed ordinance would allow the City Council the · opportunity to look at all types of signs. Councilmember Mur~oz questioned if a request for variance from the current ordinance would not do the same thing. City Attorney Field advised that variances only can be granted if mitigating factors, such as unusual topography, etc. exist. Mayor Parks opened the public hearing at 9:20 PM. There were no written or oral communications presented. The Mayor declared the hearing closed at 9:21 PM. 2\Minutes\8/05/91 -6- 08/12/91 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 13, 1991 A regular meeting of the Temecula City Council was called to order at 6:12 PM at the Temecula City Hall, 43174 Business Park Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Mark Ochenduszko, Manager of Information Systems Joe Hreha, Cable T.V. Consultant Carl Pilnick, City Attorney Scott F. Field, and City Clerk June S. Greek. EXECUTIVE SESSION Mayor Parks declared a recess to an executive session at 6:13 PM, pursuant to Government Code Sections 54956.9(a) to discuss Jones Intercable vs City of Temecula and 54956.9(c) to discuss potential litigation. The regular meeting was called to order at 7:15 PM by Mayor Parks. INVOCATION The invocation was given by Pastor Erik Krag, Temecula Evangelical Free Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PRESENTATIONS/ PROCLAMATIONS Mayor Parks proclaimed August 13, 1991 as Temecula Valley High School Soccer Team Appreciation Day, in honor of Coach Kim Thomas and the Temecula Valley High School Soccer Team who won the CIF Championships this year. PUBLIC COMMENTS Ed Doran, 39985 Stamos Court, stated that he feels salaries at the City of Temecula are too high. Ninutes\O8\l]\gl - 1 - 08/22/~1 City Council Minutes August 13, 1991 CONSENT CALENDAR Councilmember Lindemans asked to make a comment on Item No. 5, and requested the removal of Items 7 and 13 from the Consent Calendar Councilmember Mu~oz requested the removal of Item No. 16 from the Consent Calendar. Councilmember Lindemans requested that staff provide a list of City positions with names and job descriptions. He further requested information on workload, to insure that the City does not have too many positions to perform needed work. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve Consent Calendar Items 1-6, 8-12, 14 and 15. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: NOES: ABSENT: 0 COUNCILMEMBERS: Standard Ordinance Adoption Procedure 1.1 Minutes 2.1 2.2 2.3 Birdsall, Lindemans, Moore, Mu~oz, Parks None None Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approve the minutes of July 16, 1991. Approve the minutes of July 22, 1991. Approve the minutes of July 23, 1991. Resolution ADDrOving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 91-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Ninutes\08\1]\91 -2- 08/22/91 City Council Minutes 4. m e August 13, 1991 Amendment to Standstill Agreement with Bedford Properties Regardina Permit Fees 4.1 Approve the amended standstill agreement and authorize the Mayor to execute the same. Update of Authorized Positions and Titles Listina for FY 1991-1992 5.1 Adopt a resolution entitled: RESOLUTION NO. 91-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF AUTHORIZED POSITIONS, TITLES AND SALARY RANGES Appropriation for Commission Recoanition Dinner 6.1 Appropriate an amount not to exceed $2,500 from the General Fund Unreserved Fund Balance to Employee Recognition Account No. 001- 150-999-42-5265. Memorandum of Understandina with Caltrans - Access to Winchester Road and State Route 79 South 8.1 Approve the Memorandum of Understanding with Caltrans and authorize the Mayor to execute the same. Release Faithful Performance Warranty Bonds and Material and Labor Bonds in Tract No. 20735-7 9.1 Authorize the release of street, sewer and water system Faithful Performance warranty bonds and material and labor bonds in Tract No. 20735-7. 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. 10. Release Faithful Performance Warranty Bonds and Material and Labor Bonds in Tract No. 20735-8 10.1 Authorize the release of street, sewer and water system Faithful Performance warranty bonds and material and labor bonds in Tract No. 20735-8. 10.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Hinutes\08\13\91 -3- 08/22/91 City Council Minutes August 13, 1991 11. Release Faithful Performance Warranty Bonds and Material and Labor Bonds in Tract No. 20735-9 11.1 Authorize the release of street, sewer and water system Faithful Performance warranty bonds nd material and labor bonds in Tract No. 20735-9. 11.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. 12. Release of Monument Bond for Tract No. 21765 12.1 Authorize the release of monument bond for Tract No. 21765. 12.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. 14. National Pollutant Discharge Elimination Svstem Storm Water Discharae Permit Implementation Ac3reement 14.1 Approve the National Pollutant Discharge Elimination System Storm Water Discharge Permit Implementation Agreement and authorize the Mayor to execute said agreement. 15. Ordinance Aooroving Zone Chanae No. 5755 15.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 5755 CHANGING THE ZONE FROM M- SC (MANUFACTURING-SERVICE COMMERCIAL) TO CI/CP (GENERAL COMMERCIAL) ON 6.2 NET ACRES AT THE NORTHWEST CORNER OF DIAZ AND RANCHO CALIFORNIA ROADS, ALSO KNOWN AS ASSESSOR'S PARCEL NOS. 921-020-058 AND 059. 7. Aooroval of Contract Awards for Plan Review Services Councilmember Lindemans requested this be referred to staff and that development fees be set before a contract is approved. Councilmember Mur~oz asked that an analysis be done on the advantages of contracting on a percentage basis as opposed to standard rates. City Manager Dixon stated staff would review this and bring it back at a future meeting. Ninutes\08\1]\91 -4- 08/22/91 City Council Minutes 13. 16. August 13, 1991 It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to continue this item to the meeting of September 10, 1991. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks None None Solicitation of Bids for Construction of a Traffic Signal at the Main Entrance to the Towne Center Shopping Center on Rancho California Road Approximately 1,000 Feet East of Ynez Road Councilmember Lindemans requested the removal of alternative number two, stating that this traffic signal is needed as soon as possible. Mayor Parks asked if there is a higher cost to bid two alternatives. Tim Serlet, City Engineer, stated there is no extra cost. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to approve staff recommendations as follows: 13.1 Authorize the Department of Public Works to solicit bids for the construction of a traffic signal at the entrance of the Towne Center Shopping Center on Rancho California Road approximately 1,000 feet east of Ynez Road. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 1 COUNCILMEMBERS: WCM & Associates Consultina Services Birdsall, Moore, Mu~oz, Parks None None Lindemans Councilmember Mur~oz requested that continued liaison with groups and individuals with interest in French Valley Airport be deleted from the work program, and recommended the contract should be limited to work on the Sphere of Influence. Hinutes\08\l]\~l -5- 08/22/fl City Council Minutes August 13, 1991 It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to approve a consulting contract with WCM & Associates (Bill Mecham) for a six-month period through December, 1991, with a deletion from the work program of "continued liaison with groups and individuals with interest in French Valley Airport". The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Receiving no objections from the Council, Mayor Parks reordered the agenda to accommodate requests from interested parties to hear item numbers 20 and 26 at this time. 20. 26. Jones Intercable of San Diego vs. City of Temecula U.S.D.C No. CV 90-3501 City Attorney Field introduced the staff report. Councilmember Mu~oz asked for a clarification on the fiscal impact amount. City Attorney Field stated that the correct amount is $25,000. Donny Clark, representing Jones Intercable, 10783 Hammershaw Blvd., San Diego, stated for the record that all negotiations with the City have been very cordial and he thanked staff for their cooperation. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve settlement of the above-described law suit and authorize the Mayor to execute the Stipulation for Entry of Judgement. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Moratorium on the Construction of Apartments City Manager Dixon introduced the staff report. Birdsall, Lindemans, Moore, Mu~oz, Parks None None Minutes\08\13\91 -6- 08/22/91 City Council Minutes August 13, 1991 Councilmember Birdsall stated she had staff prepare a telephone survey on apartment complex vacancy rates. She reported, however, that telephone calls may not produce accurate numbers and suggested addressing a letter to the owners of these complexes on City letterhead, with an explanation that these figures would be used only as guidelines and specific information would not be given out. Councilmember Birdsall explained she feels much more information is needed before a decision on a moratorium can be made. Councilmember Lindemans stated he would like to know what would constitute a reasonable percentage of apartments for a City the size of Temecula, and how many should be added each year. Councilmember Moore stated she would like this matter included in the General Plan study currently underway. Councilmember Mufioz suggested establishing a moratorium until enough information is available showing a proper mix of apartments versus single family residents. Mayor Parks stated he is opposed to a moratorium on apartments because no new apartments are planned at this time. He suggested continuing this item off calendar or until a problem arises. It was moved by Councilmember Moore, seconded by Mayor Parks to table the item to direct it be considered during the General Plan Process. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Mufioz ABSENT: 0 COUNCILMEMBERS: None Gary Thornhill, Director of Planning, stated the planning consultant will do an .assessment of housing types in the area. He said it is the intention of staff to develop an interim policy on this issue within the next three months. Councilmember Birdsall expressed concern about control of existing rentals in this City, and stated strict rules are needed to ensure these complexes are being maintained properly. RECESS Mayor Parks called a recess at 8:18 PM to accommodate the previously scheduled Community Services District Meeting. The meeting was reconvened following the CSD Meeting at 9:02 PM. N i nutes\08\ 1 ]\~ 1 - 7- 08/22/gl City Council Minutes PUBLIC HEARINGS 17. August 13, 1991 Plot Plan 29 and Parcel MaD 26232 - Wall Street ProDerties Gary Thornhill, Director of Planning, introduced the staff report. Mayor Parks opened the public hearing at 9:05 PM. Michael Perry, 1250 Prospect Street, La Jolla, gave a brief presentation on the project and stated he is available to answer questions. Councilmember Lindemans asked what the projected build-out time is for this project. Mr. Perry answered that this project will be built as tenants are acquired and for this reason it is difficult to estimate when the project will be completed. Councilmember Lindemans asked if road improvements are planned. Mr. Perry answered this project is part of Assessment District 161 which will provide the needed road improvements. Mayor Parks closed the public hearing at 9:15 PM. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to approve staff recommendations as follows: 17.1 17.2 Adopt a Negative Declaration. Adopt a resolution entitled: RESOLUTION NO. 91-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 29 TO PERMIT CONSTRUCTION OF A MULTI- TENANT COMMERCIAL CENTER LOCATED ON THE EAST SIDE OF WINCHESTER ROAD NORTH AND SOUTH OF NICOLAS ROAD AND KNOWN AS ASSESSOR'S PARCELS NUMBERS 911-150-027,028,029,; 911-160-027, 029,; 911-170-017; AND 919-350-053 The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: 0 ABSENT: 0 Birdsall, Lindemans, Moore, Mu~oz, Parks None None Hinutes\08\1]\91 -8- 08/22/91 City Council Minutes August 13, 1991 18. Chanqe of Zone No. 16 Gary Thornhill, Director of Planning, introduced the staff report. Councilmember Mu~oz asked if staff has received concurrence from surrounding property owners regarding installing an overpass. Mr. Thornhill stated this is not an issue with rezoning, but would be addressed at the plot plan level. Councilmember Mu~oz stated he feels it is important to clearly indicate to property owners that conditions may be placed on their property due to the Overland Drive overpass. Councilmember Lindemans stated the City needs to consider purchase of the necessary land for the overpass before any further expense is incurred. Tim Serlet, City Engineer, stated that the City has not yet received approval from Caltrans. Mayor Parks opened the public hearing at 9:22 PM. Ed Migge, 13810 Calle Los Pinos, representing the applicant Connie Hill, stated he agrees with Councilmember Mu~oz that it would be helpful to have restrictions on the property in writing. Councilmember Lindemans asked Dr. Hill if he still has objections to the overpass. Dr. Connie Hill, stated he spoke in opposition to the overpass several months ago because he had not received information from staff and misinformation was being disseminated. He said at this time he does not have any objections. Mayor Parks closed the public hearing at 9:28 PM. Mayor Parks called a brief recess at 9:30 PM to change the tape. The meeting was reconvened at 9:31 PM. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to approve staff recommendations 18.1 and 18.2 as follows: 18.1 Adopt a Negative Declaration for Change of Zone No. 16 including a De Minimis Fee Exemption. Hinutes\08\13\91 -9- 08/22/91 City Council Minutes 18.2 Adopt a resolution entitled: RESOLUTION NO. 91-84 August 13, 1991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 16 TO CHANGE THE ZONING ON ONE (1) ACRE OF LAND FROM R-R (RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) LOCATED AT 27628 JEFFERSON AVENUE ALSO KNOWN AS ASSESSOR'S PARCEL NO. 910-130-026 The motion was carried by the following vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 NOES: 1 ABSENT: 0 Birdsall, Moore, Mu~oz, Parks Lindemans None It was moved by Councilmember Moore, seconded by Councilmember Birdsall to read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 16 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) LOCATED AT 27628 JEFFERSON AVENUE, ALSO KNOWN AS ASSESSOR'S PARCEL NO. 910-130-026 The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans 19. Ordinance to Grant a Franchise to Southern California Gas Company City Attorney Field introduced the staff report. Mayor Parks opened the public hearing at 9:35 PM. Gary Albaugh, 527 N. San Jacinto Street, Hemet, representing the applicant stated he was available for questions. Ninutes\08\1]\91 -10- 08/22/91 City Council Minutes August 13, 1991 Hearing no further comments, Mayor Parks closed the public hearing at 9:36 PM. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Mur~oz requested that Item 23 be taken out of order. Hearing no objects from the Council, Mayor Parks reordered the agenda. COUNCIL BUSINESS 22. Designation of Voting Delegate for LeaGue Annual Conference It was moved by Councilmember Moore, seconded by Councilmember Lindemans to appoint Mayor Parks and Mayor Pro Tern Birdsall to act as voting delegate and alternate. The motion was unanimously carried. 23. Discussion of Paradise Chevrolet TempOrary Sales Lot on Ynez Road Gary Thornhill, Director of Planning, introduced the staff report. Councilmember Mu~oz stated he is concerned about the appearance of this used car lot and stated he thought this was to be for new car sales. Gary Thornhill stated this is a Chevrolet dealership which sells both new and used vehicles. Mr. Thornhill stated staff has worked with Paradise Chevrolet and have addressed many concerns regarding appearance. He stated building permits have been obtained and this project should be underway shortly. Hinutes\08\1]\91 -11- 08/22/91 City Council Minutes August 13, 1991 It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to receive and file report. The motion was unanimously carried. 21. Business License Ordinance Mary Jane Henry, Finance Officer, introduced the staff report, stating that two significant changes have been made, to include home occupancy businesses, and to delete fire and building inspections as a part of this Ordinance. Councilmember Lindemans addressed Item 10 dealing with the approvals required by Homeowner's Association CC&R's. he suggested the application be changed to require citizens to attest that all CC&R's conditions have been met, rather than the City having to research each Homeowners CC&R's. Mayor Parks stated he feels this is a burden on existing small businesses of the Community. He explained it may be difficult to comply to all the rules and regulations required by this ordinance in three months, and a $500 fine for non-compliance would create a hardship. He also stated he would like the renewal to be every two years instead of annually. Councilmember Moore stated she feels this Ordinance is long overdue and many businesses have been asking for this program. Councilmember Mu~oz said this ordinance is a tool to monitor the types of business in the community. He suggested approving the Ordinance with additional instruction to staff to allow a one-year grace period before any fines would be assessed. City Manager Dixon suggested that when the business applies for an annual renewal, it must be in compliance wit h all rules and regulations. Councilmember Birdsall stated that the Ordinance spells out the period July 1 st to February 1 st as the renewal date, which does not represent a full year. She also stated that the applications do not include a place for Federal I.D. Number, Social Security Number and EDD Number. Mary Jane Henry, Finance Officer, stated the renewal date could be extended to February 1, 1993, to allow businesses time to comply. City Manager Dixon stated the application form will be approved by the City Council prior to the ordinance taking effect 30 days after the second reading. Hinutes\O8\l]\tl -12- 08/22/91 City Council Minutes August 13, 1991 It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to approve staff recommendation with the following amendments: One, Item No. 10 of the staff report was deleted, and staff was directed to prepare the applications for a home occupation business registration to require the applicant to check if the use does or does not comply with existing CC&R's of the Homeowners Association; two, changed Sectioned 1.24 to require existing businesses to obtain a certificate within 90 days of the effective date of the Ordinance but not require compliance with the regulatory portions until February 1, 1993. 21.2 Adopt a resolution entitled: RESOLUTION NO. 91-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FEE FOR THE ISSUANCE OF BUSINESS CERTIFICATES The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to extend the meeting until 10:45 PM. The motion was unanimously carried. Councilmember Lindemans left the podium at 10:25 PM. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to read by title only and introduce an ordinance as amended entitled: ORDINANCE NO. 91-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A BUSINESS REGISTRATION PROGRAM The motion was carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks None Lindemans Minutes\08\13\91 -13- 08/22/91 City Council Minutes Councilmember Lindemans returned at 10:28 PM. 24. August 13, 1991 Consideration of ApPointmentS and Structure of Old Town Historic Review Committee City Manager Dixon introduced the staff report. Councilmember Moore suggested that Condition Number two of the qualifications, requiring members of the Committee to be residents of the City be omitted. Mayor Parks called a brief recess at 10:30 PM to change the tape. The meeting was reconvened at 10:31 PM. Councilmember Lindemans suggested tabling this issue, allowing for review of membership of this committee with possible inclusion of new members. Councilmember Mu~oz agreed that at least one new member should be appointed. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to reappoint the five (5) member Old Town Historic Review Committee, to serve as a sub- committee of the Planning Commission and approve the general provisions for operation of this Committee. AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Mu~oz ABSENT: 0 COUNCILMEMBERS: None Councilmember Mu~oz called a point of order, stating the motion failed because appointments require a 4/5th vote to pass. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve the general provisions for operation of the committee with the deletion of Item No. 2 under General Provisions. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: NOES: 2 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Birdsall, Moore, Parks Lindemans, Mu~oz None It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to continue the matter of the appointments to the committee for a period of two weeks. Ninutes\08\13\91 -14- 08/22/91 City Council Minutes August 13, 1991 The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to extend the meeting until 11:00 PM. The motion was unanimously carried. 25. Procedure for Extension of the Historic Preservation District Gary Thornhill, Director of Planning, introduced the staff report. Councilmember Lindemans stated he would like to have the matter of the boundaries of the Historic Preservation District resolved. He suggested that Council direct staff to go forward with both recommendations A and B. City Attorney Field stated the Council's recommendations can be taken to the Planning Commission for a public hearing notifying all residents in the area. Councilmember Birdsall stated that the boundaries that the Council has recommended are as follows: Rancho California Road to the North and I-2 15 to the East, Santiago and I st Street to the South and River Street to the West. It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to approve staff recommendations A & B as follows: A. Prepare an Ordinance to provide for the establishment of an Historic Preservation District, and Be Prepare an Old Town Specific Plan which would include the existing Historic District and expanded surrounding areasto establish land uses and development standards. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Hinutes\08\13\91 -15- 08/22/91 City Council Minutes 27. Auaust 13, 1991 Stop Signs Located at Motor Parkway and Ynez Road Tim Serlet, City Engineer, introduced the staff report stating that the signals are on schedule. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to receive and file report. The motion was unanimously carried. CITY MANAGER REPORTS City Manager Dixon reported that three of the four General Plan Community Meetings have taken place and the final community meeting is scheduled for August 14, 1991 from 6:30 to 8:30 PM. CITY ATTORNEY REPORTS City Attorney Field requested that this meeting be adjourned to a closed session to be held at 5:30 PM on August 20, 1991 in the Main Conference Room at City Hall. CITY COUNCIL REPORTS Mayor Pro Tem Birdsall requested that Council consider combining the Traffic and Transportation Commission and the Public Safety Commission to avoid duplication of effort. She requested that the allocation of funds for a City Police Dog be placed on the Council agenda. Councilmember Moore requested the Public Safety Commission return to the City Council with written goals and objectives no later than September 30, 1991. Councilmember Lindemans requested the matter of producing a promotional brochure be placed on the Council agenda. Councilmember Mur'ioz requested permission to represent the Council at the RCTC meeting on August 14, 1991 in the matter of Mr. Tom Mindiola's appeal. Council concurred with this request. Hinutes\08\1]\91 -16- 08/22/91 City Council Minutes August 13, 1991 ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at 11:10 PM, to a meeting on August 20, 1991, 5:30 PM in the Main Conference Room of City Hall, 43174 Business Park Drive, Temecula, CA. The motion was unanimously carried. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk Ninutes\08\13\91 -17- 08/22/91 ITEM NO. 3 RESOLIffiON NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTMN CLMMS 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 have been audited by the City Manager, and that the same are hereby allowed in the amounts of $564,617.01. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 271h day of August, 1991. Ronaid J. 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W m W m 0 ~_~ W m 0 _] \ m LU U LL 7 '--<~C) n~n~m ,~.-~ 0~0~0~ n 0 r.n h- -:-< U U r- LL ~ 0 0"' r.O~ I-- I~ 0 i Wi"~ 0 i >'O- W-,- .JO- .Jl~ ~,.,, O- CO ~1 -0 ,,.,, UU ~ 0_0. 0 O0 U · SS U WW U W 0 ¢ Z ¢ _J _J ¢ r',, ,J O- O' O0 t~ -0 ,,,,, 0 )- W X ¢ W · U 0 0 x .U u U 0 n ITEM NO. 4 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer August 27, 1991 City Treasurer's Report as of July 31, 1991 RECOMMENDATION: That the City Council receive and file the City Treasurer's report as of July 31, 1991. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of July 31, 1991. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of July 31, 1991 Cash Activity for the Month of July: City of Temecula City Treasurer's Report As of July 31, 1991 Cash and Investments as of July 1, 1991 Cash Receipts Cash Disbursements Cash and Investments as of July 31, 1991 Cash and Investments Portfolio as of July 31, 1991: Type of Investment Demand Deposits Treasury Service Shares petty Cash Certificate of Deposit Local Agency Investment Fund Maturity Institution Yield Date $12,376,236 1,792,717 (876,626) $13,292,327 Balance as of July 31, 1991 Security Pacific N/A N/A (25,391~ Pacific Horizons 5,580% N/A 286,918 N/A N/A N/A 800 Overland Bank 6,750% 8/30/91 100,000 State Treasurer 7,980% N/A 12,930,000 Cash and Investments as of July 31, 1991 (1)-This amount includes outstanding checks. Per Government Code Requirements, this Treasurer's Report is in compliance with the City of Temecula's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the City of Temecula. Prepared by Danelie Gray. $13,292,327 ITEM NO. 5 sfl/AGDl10627 APPROVAL CITY ATTORNEY FINANCE OFFICI~ CITY MANAGER CITY OF TEMECULA AND REDEVELOPMENT AGENCY STAFF REPORT TO: FROM: DATE: MEETING DATE SUBJECT: CITY COUNCIL AND AGENCY/CITY MANAGER AND EXECUTIVE DIRECTOR SCOTT F. FIELD, CITY ATTORNEY AND GENERAL COUNSEL AUGUST 3, 1991 AUGUST 26, 1991 AGREEMENT BETWEEN CITY AND AGENCY TO ESTABLISH AN AGENCY ADMINISTRATIVE FUND AND A REVOLVING FUND RECOMMENDATION: That the City Council and the Agency approve the Agreement to establish an Agency Administration Fund and a Revolving Fund. DISCUSSION: There are two legal requirements that must be met before a Redevelopment Agency can receive property tax increment funds. The first is that the Agency adopt a redevelopment plan expressly providing for tax increment financing. This has already been done. The second is that there must be loans, advances or other indebtedness incurred by the Redevelopment Agency in carrying out the redevelopment plan. As a procedural matter, in -1- sff/AGDl10627 order for the Agency to actually receive property tax increments, it is necessary that it file an annual Statement of Indebtedness with the County Auditor not later than October 1 of each year. The Statement of Indebtedness must contain the date on which each indebtedness was incurred, the principal amount, term, purpose and interest rate of each indebtedness, and the outstanding balance of each indebtedness. The Auditor can then pay to the Agency its share of the tax increment, up to the maximum of the Agency's indebtedness. There are a variety of different types of indebtedness which the Agency may enter into. One type the Agency has already entered into is the Owner Participation Agreement with Costco. That agreement and the related Sales Tax Allocation Agreement provides that the City will advance to the Agency a maximum of two and one-half million dollars in sales tax revenues, which the Agency will then pay over to Costco. However, the Agency is also to repay this money to the City from property tax increment. Another common method to establish debt is for the City to advance to the Agency funds to establish an Agency Administrative Fund and a Revolving Fund. The former may be used to defray administration expenses; the latter may be used for specific redevelopment projects and site acquisition. In turn, the Agency pledges to repay these sums with interest as specified, and pledges the tax increment from the project for this repayment. Attached is such an agreement and a related promissory note in the amount of $2,075,000. This agreement also authorizes the City Manager/Executive Director to make City officers and employees available to the Agency, and compensate the City for such use. It is recommended that the City Council and the Agency approve these documents. ATTACHMENTS: - An Agreement Regarding Agency Administrative Fund and Revolving Fund FISCAL IMPACT: - City lends to the Agency $2,075,000 at the interest rate of ten percent (10%) per year. -2- AGREEMENT REGARDING REDEVELOPMENT AGENCY ADMINISTRATIVE FUND AND REDEVELOPMENT REVOLVING FUND THIS AGREEMENT, made and entered into by and between the CITY OF TEMECULA, a general law city ("CITY") and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a Redevelopment Agency ("AGENCY"): WITESSNETH: The parties hereto do agree as follows: 1. Recitals. This Agreement is made and entered into with respect to the following facts: (a) That Agency, as of July 1, 1991, become the responsible governmental entity for the implementation of that certain redevelopment plan adopted by the County of Riverside and its Redevelopment Agency, entitled "Riverside Redevelopment Project 1988-1"; and (b) That City is desirous of cooperating with the Agency, in the manner permitted pursuant to the sff/AGRll7171 8/2/91 -1- Community Redevelopment Law of the State of California (Section 33000 et seq., of the Health and Safety Code; hereafter "CRL#); and (c) That the parties hereto desire to formalize certain aspects of their joint cooperative activities in implementation of the provisions of the said plan and to formalize the same; and (d) That the legislative bodies of each of the parties hereto have determined that the public interest, convenience and necessity require the execution of this Agreement. 2. RedeveloDment Agency Administrative Fund. The City does hereby agree to loan funds to the Agency, from time to time, to the extent that City funds are available for that purpose as determined by the City Council of City. The City Council has heretofore agreed to make an initial loan to the Agency, and Agency has agreed to accept the same, in the amount of $75,000.. Said Loan shall be used to defray the administrative expenses and overhead of the Agency, subject to the provisions of Sections 33610- 33615 of the CRL. sff/AGRll7171 8/2/91 -2- 3. Redevelopment Revolving Fund. The City does hereby agree to loan funds to the Agency, from time to time, to the extent that City funds are available for that purpose as determined by the City Council of City. The City Council has heretofore agreed to make an initial loan to the Agency, and Agency has agreed to accept the same, in the amount of $2,000,000. Said Loan shall be used to establish a Redevelopment Revolving Fund to be maintained in the City Treasury, subject to the provisions of Sections 33620-33626 of the CRL. By resolution of the City Council adopted by majority vote, any money in the Redevelopment Revolving Fund may be expended from time to time for: (a) The acquisition of real property in the project area; and (b) The clearance, aiding in relocation of site occupants, and preparation of the project area for redevelopment. By resolution of the City Council adopted by a two- thirds vote, any money in the Redevelopment Revolving Fund may be paid to Agency, upon such terms and conditions as the Council may prescribe for any of the following purposes: (a) Deposit in a trust fund to be expended for the acquisition of real property in the project area; sff/AGRll7171 8/2/91 -3- (b) The clearance of the project area for redevelopment; or (c) Any expenses necessary or incidental to the carrying out of the Redevelopment Plan. 4. Loans. The loans provided for at Sections 2 and 3 shall be formalized by a Promissory Note in substantially the form attached hereto and incorporated herein by this reference, marked Exhibit A. The Agency pledges to repay said loan from tax increment from Riverside Redevelopment Project 1988-1. 5. Use Of Certain City Officers and Employees. Pursuant to Section 33128 of the CRL, City agrees to make available to Agency, to the extent determined by the City Council to be feasible, the services of certain of City officers and employees. The City Manager of the City and the Executive Director of the Agency shall determine the city officers and employees whose services shall, on a part- time basis, be made available to the Agency and the compensation to be received by City from Agency therefor. 6. Consultants. To the extent feasible, the parties shall undertake to employ consultants, as needed from time to time, on a joint basis so that duplication of effort is avoided in providing such consulting services. 7. Provision of Offices. The City shall make available space in the City offices for the use by Agency on sff/AGRll7171 8/2/91 -4- an on-going basis. The City Manager of the City and the Executive Director of the Agency shall determine the amount of compensation to be paid to City by Agency for the use of such office facilities. 8. Indemnification. Each of the parties hereto does hereby indemnify the other party hereto, and that parties elected and appointed officers, agents, and employees, and does hereby agree to hold such indemnified parties free and harmless from any claim demand or judgment arising out of the activities of the indemnifying party. 9. Notices. Notices required pursuant to this Agreement shall be in written form, and shall be personally served upon the party to be notified, or shall be deposited in the course and custody of the United States Postal Service, or its lawful successor, postage pre-paid addressed to the parties as follows: City: Mayor City of Temecula 43172 Business Park Drive Temecula, California 92390 sff/AGRll7171 8/2/91 -5- Agency: Chairperson Temecula Redevelopment Agency City of Temecula 43172 Business Park Drive Temecula, California 92390 Notices given pursuant hereto shall be deemed given as of the date of personal service, or two consecutive calendar days following the deposit of such notice in the custody of the United States Postal service. 8. Effective Date. This Agreement shall be in full force and effect from and after August 27, 1991. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as follows: CITY OF TEMECULA By: Ronald J. Parks Mayor ATTEST: June Greek City Clerk sff/AGRll7171 8/2/91 -6- APPROVED AS TO FORM Scott Field City Attorney TEMECULA REDEVELOPMENT AGENCY By: Peg Moore Chairperson ATTEST: June Greek Secretary APPROVED AS TO FORM Scott Field General Counsel sff/AGRll7171 8/2/91 -7- PROMISSORY NOTE The Temecula Redevelopment Agency does hereby promise to pay to the City of Temecula on or before June 30, 1994, the sum of $2,075,000, the receipt of which, as a loan, is hereby acknowledged. The principal sum due on this note shall carry interest at the rate of ten percent (10%) per annum, from the date of this note to and including the date that the full amount of the principal sum due hereunder is paid in full to City. That principal and interest due hereunder shall be paid in currency of the United States at the offices of the City located at 43172 Business Park Drive, Temecula, California 92390. Should litigation be necessary to enforce the rights of either party pursuant to this Note, the prevailing party in such litigation shall be entitled to recover its costs together with reasonable attorneys fees. TEMECULA REDEVELOPMENT AGENCY By: Peg Moore Chairperson ATTEST: June Greek Secretary EXHIBIT A ITEM NO. 6 CITY TO: FROM: DATE: SUBJECT: F EPARED BY: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Department of Public Works August 27, 1991 Acceptance of Public Improvements in Tract No. 20703-1 Albert Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the Public Improvements in Tract No. 20703-1, AUTHORIZE the reduction of Faithful Performance Street, Sewer, and Water Bonds, ACCEPT the Faithful Performance Maintenance Bonds, APPROVE the subdivision agreement rider, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On December 22, 1987, the Riverside County Board of Supervisors entered into subdivision agreements with: Dav-Bar I, a California Corporation 12520 High Bluff Drive, Suite 300 San Diego, California 92130 for the improvement of streets, the installation of sewer and water systems. Accompanying the subdivision agreements were surety bonds issued by: The American Insurance Company SANDEFKM~STAFFRPTX20703-1 .TR 1 as follows: Bond No. 7131951 in the amount of $446,000.00 to cover street improvements. Bond No. 7131952 in the amount of $121,500.00 to cover water improvements. Bond No. 7131953 in the amount of $80,500.00 to cover sewer improvements. Bonds No. 7131951,7131952, and 7131953 in the amounts of $223,000.00, $60,750.00, and $40,250.00 respectively to cover materials and labor. The following items have been completed by the developer or his engineer in accordance with the approved plans: Required street, sewer, and water improvements. The affected streets are June Court, Canary Circle, Linnitt Circle, Terrill Court, Warbler Circle, and a portion of Jon Christian Place, Roripaugh Road, and Nicolas Road. The inspection and verification process relating to the above items has been completed by the County of Riverside Road Department and City Staff agrees with the recommendation to reduce the subdivision improvement bonds. Therefore, it is appropriate to reduce/release these bonds as follows: Streets: $ 401,400. O0 Water: 109,350.00 Sewer: 72,450.00 The remaining 10% of the original faithful performance bond amounts are to be retained for one (1) year guarantee period as follows: Streets: $44,600.00 Water: 12, 150.00 Sewer: 8,050.00 SANDF.2KM~STAFFRIrI~20703- 1 .TR ~- The developer has submitted Faithful Performance Maintenance Bonds designating the City of Temecula as obligee. City Council acceptance of these Maintenance Bonds will permit the Clerk of the Board of Supervisors to release the Faithful Performance bonds for these items of work. The Materials and Labor Bond and Monumentation Bond will remain in effect pending City Council exoneration. AC:ks Attachments: Vicinity Map Maintenance Bonds Subdivision Agreement SAND~STAFFRPT~20703-1 .TR 3 VICINI -Y MAP NO SC,,4;LE PROJECT SITE ,4~A0 AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and BARRATT AMERICAN INCORPORATED, hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the County of Riverside and CONTRACTOR have entered into a series of agreements and CONTRACTOR has submitted a series of bonds in connection with the consideration by the County of Riverside of final map approval Tract No. 20703-1; WHEREAS, the City of Temecula incorporated on December 1, 1989; WHEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existing County Subdivision Agreement and Bond forms in lieu of CITY forms; WHEREAS, certain references in the County forms incorrectly refer to County positions instead of City position; NOW, THEREFORE, it is agreed between CITY and CONTRACTOR as follows: 1. All references to the "County of Riverside" contained in of the documents between CITY and CONTRACTOR concerning Tract No. 20703-1 are now defined as referring to the "City of Temecula". 2. All references to the "Riverside County Road Commissioner" contained in any documents between CITY and CONTRACTOR concerning Tract No. 20703-1 are now hereby defined to refer to the "City Engineer". 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract No. 20703-1 now hereby refer to the equivalent CITY offices or positions. Dated.- AUGUST 5, 1991 By.- BARRATT AMERICAN INCORPORATED CONTRACTOR ' S NAME MfCHAEL PATTINSON SENIOR VICE PRESIDENT (Attach Notary Jurat) CITY OF TEMECULA Dated: RONALD J. PARKS, MAYOR Dated: JUNE S. GREEK, CITY CLERK APPROVED AS TO FORM.- SCOTT F. FIELD, CITY ATTORNEY CORPORATE ACKNOWI,.ItOGMEN'r ~m -=.~.:'T~'= ~'ET~=-'''''~ =: ~~.~ ~""'~;'-""' "":~,.~.,:...-= ~ Coun,yol SAN DIEGO } s~ HEIDI EIT.RRN IENG . the gnaerligneiS No|a~ I~i}liC, Derl. OnNty IDpeire¢l ,~'IICHAEL PA%'~:EI~]SON ~3 DersonNly known to me I::] OrOv~l tO me on the blsis of s&tlsflcto~y evidence ,o,~.e~.~...,,,...,,,,n,n.,....n,- · ~' o~ bellill ~1 me cederation merein n~M, Md ~kMwle~gH te me I~lt me c~ltien ezecute It Not~'l SIg~tu~ ~ ~ ~ HEIDI E. LONG ~ NOTARY PUBUC- ~ ~ItNMk FIREMANS FUND INSURANCE COMPANIES To be attached to arkf form part of Bond No. in favor of CITY OF It is agreed that: 0713 TEMECULA 1951-M TRACT NUMBER BE AMENDED TO READ: "TRACT 20703-1" This rider is effectave as of noon on attached bond. AUGUST 16, 1991 , standard time as specified in the T,~1F--~RICAN INSURANCE COMPANY Authonzed Agent PAMELA M. ANDROSKO ATTORNEY-IN-FACT GENERAL USE R~DFJI. , 360352--3-67 State of CALIFORNIA ) SS. County of ORANGE ) On this 16TH day of AUGUST , in the year 1991 , before me, a Notary Public in and for qaid ORANGE County, State of California, residing therein, duly commissioned and sworn, ~ersonally appeared PAMELA M. ANDROSKO personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY (surety) and acknowledged to me thatX~e/she subscribed the name of THE AMERICAN INSURANCE COMPANY (surety) thereto and ~C~/her own name as Attorney-in-Fac~. Notary Public iYnd~6r ~~tate~ Attorney in Fact - Ca .' PZSTARYPU~,F-T,-CA:'IFOR~','rA ,~ GENERAL ~rrom~:v THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticat.ed to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appo'mted, and does by these presents make, constitute and appoint ---PAMELA M. ANDROSKO--- ANAHEIM, CA its u'ue and lawful Anorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to ~ecute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attoruey(s)-in-Fact may do in the premises. This power of attorney is ~xanted pursuant to Article VII, SectjoB 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effecz. "Arfkk Vll. Appointment and Authority of Resident Secretaries, Attoraeys-ln-Fsa and A~ents to accept Legal Process sad Make Appem'snces. Section 4.5. Appointment. The Chairman of the Board of Direaaows, the Pusideal, any Vies-President or any other person luthofiud by the Board of Directows, the Chairman of the Board of Dittotows, the Pruidenl or any Vice-President may, from time to time, appolnl Resident Assistant Secretaries and Attorneys-lbFact to repruenl and act for and on helmIf of the Corporation and AgenU to accept legal process and make appearances for and ou behalf of the Corporation. Sg'don 46. Authority. The authority of such Resident Assistant S~cretartes, Afiorneys-in-Fact and Agents shall he as prescribed in the Instrument evidencing dMir appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Dir, ctows or by any person empowered to make such appointment;' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Auistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation;' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to 1st dayof June ,19 90 . be hereunto affixed this STATE OF CALIFORNIA COUNTY OF MARIN THE AMERICAN INSURANCE COMPANY By ~~ ' Vic~-Ptui~mt i .. R. D. Farnsworth oathis 1st dayof June ,19 90 , before me personally came to me known, who, being by me duly sworn, did depose a~d ~ay: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporatiot; des~ibed in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his ntme thereto by like order. IN W~ WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year herein first above written. IIIIlllllHlNIl~lllflllllllll¢llll!lllll¢l~!lll~l!llllll · i OFFICIAL SEAL ] T J' M. YANDEYORTi NO ARY PUBLIC- CALIFORNIA ~ Principal Office in Marin County My Cammmlen tx0ims ,0W, ~1. 1991 ;' CERT!/ICATE Whefi.ee, elfinsesimniisesessemlmslioe.mss.. i STATE OF CALIFORNIA } ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, axe now in force. Signed and sealed at the County of Marin. Datedthe L6THdayof AUGUST 360711-TA-6-90 (REV) FIREMANS FUN~ INSURANCE COMPANIES FIREMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE iNSURANCE COMPANY HOMfr OFFICE' SAN FRANCISCO. CALIFORNIA MAINTENANCE BOND Bond No.__0_Z13 1_951-M KNOW ALL MEN BY THESE PRESENTS: That, BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION __ , as Principal, and THE AMERICAN INSURANCE COMPANY . a corporation organized under the laws of the State of NEBRASKA ____ and authorized to do a surety business in the State of__ CALIFORNIA. as Surety, are held and firmly bound unto the CITY OF TEMECULA in the sum of FORTY FOUR THOUSAND SIX HUNDRED & NO/100 DOLLARS ($44,600- 00 ). lawful money of the United States of America, for the l:~yment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this AUGUST 5, 1991 WHEREAS, onthe AUGUST 31, 1987 __.thesaid BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION as contractor, entered into a contract for TRACT 20703, STREETS & DRAINAGE IMPROVEMENTS -thesum of FOUR HUNDRED FORTY SIX THOUSAND & NO/100 DOLLARS , 446,000.00 );and, WHEREAS, under the terms of the specifications for said work, the said BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION is required to give a bond for FORTY FOUR THOUSAND SIX HUNDRED & NO/100 DOLALRS ($ 44,600.00' ), to protect the CITY OF TEMECULA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, unti! AUGUST 5, 1992 NOW, THEREFORE, if the said BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION shall for a period of one year from and after the date of the completion and acceptance of same by sam CITY OF TEMECULA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; 'otherwise to remain in full force and effect. 360027--4-66 BARRATT AMERICAN INCORPORATED, SENIOR VICE PRESIDENT THE AMERICAN SURANCE COMPANrf By ~--~~~ D. J. PIC/LRD ATTORNEY-IN-FACT State of California ) SS. County of Orange ) On this 5TH day of AUGUST , in the year 1991 before me, a Notary Public in and for said Orange County, State of California, residing therein, duly commissioned and sworn, personally appeared D. J. PICARD personally known to me on the basis of satisfactc evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY (surety) and acknowledged to me that he/~nm subscribed the name of THE AMERICAN INSURANCE COMPANY own name as Attorney-in-Fact Notary Public in and for said state Attorney in Fact - Ca (surety) thereto and his/1~t,,P ~ .:'<~ O=;iCIAL SEAL ' ""! "'i PA;,~F,L M. ANOROSKO ---:-., '-:;:.P, ,b,ic- , .' ......':~..OgANGE COUNTY i ":_'."'. . :J~'uy C~nm. Expires Nov. 30 CORPORATE State of .C. AT Couniyol Si~lk] DIEGO On this me ~ day o, AUC~jST HEIDI ETT,KIk'~ LCNG the un~lerSiOeted Notary ~lic, personally 8ppiNM ~ perlonely ~own to me 19 9..~1 I~l~e me, ~ ~ ~"' ~F~'~a~L~,,~~ ~ f,, 13 proved to me on the role OI SatlSfKtOq' evidence ( HEIDI E. LONG ' ,o ~ ~ r ~ :ecut~ the within instrument NOI~'I SlgMturl GENERAl, · POWER OF AXXORNt¥ TIlE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY I'I IF.'4E PRF.~;ENTS: Thai TIlE AMERICAN INSURANCE COMPANY. a Corporalion incorporated under Ihe laws of lime Slate of New Jersey on February 20. 1846. and redomeslicated to the State of Nebraska on June I, 1990, and having its prirKipal office in IheCily of Omaha, State of Nebraska, has made, conslituted and appointed, and does by these presents make, conslitute and appoint ---D. J. PICARD--- ANAHEIM, CA Its truc and lawful Attorney(s)-in-Fad, with full power and authorSly hereby conferrKI In its name, place and stead, Ioexe~'ute, seal. aeinowledle and deliver any and all bends, undertaking, recognizances or othu written oblilations in the nature thu~of and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly auested by its Secretary. hereby ratifying and confirming all Ihat the said Attorne3,(s)-in-Face may do in the premises. This power of attorney is granted pursuant to A~ticle VIi, Sections 45 End 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ardde V I!. Apftolniment and A arborliT of R,"ldent ..gecRtarle~, Attoraey'~ht-Fset tad AleDis to sit'apt LeSal Proce~ and Malt Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, amy VIce-President or any other person authorized by Ihe Board of Dirt, ceors, the Cbajrman of the Board of Directors, the President or any Vk'e-Presldeel may, from lime Io rime, appoint Residerot Assistant Secretaries and Attorneys-in-Face to represent and ant for and on behalf of the Corporation and Agents to accept legtl prlx-ess mild make appearamces for and on behalf of the Corporation. Section 46. Authority'. The authority of such Resident AssINfant F~t~:r~tarles, Atlorneys4a-Facl aud Agents shall be ss preso4bed im the Instrument evidencing[ their appolutment. Any such appointmaul and all authority granted thereby my be revoked at any time by Ibe Board of Dirertars or by 00uy person empowertd to make such appointment;* This power of attorney is signedand sealed under and by the authority of the following Resolutian adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3 !st day of July, 1984, and said Resolution has not been amended or repealed: "RESOI.VED, that the signature of any Vice-President. Assistant Secretary. and Resident Assistam Secretary of this Corporalion. a,d Ihe seal of thi~ · Corporation may be affixed or printed on any power of attorney. on any revocation of any fH~wer of aUntnay, or o, any certificate relating |heroin. by facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal In Lst JuDe 90 day of , 19 . be huennto af~yed this THE Ah4ERICAN INSURANCE COMPANY ., ~TATE OF CALIFORNIA COUNTY OF MARIN R. D. Farnswofth Oathis 1St dayof 'June .19 90 , befoR me personally came to me known, who. being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COIviPANY, the Corporatio~ described in End which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order IN WITNESS WHEREOF. I have hereunto set my hand and affixed my OffKid seal, the day and year heroin first above Written. JltllllllllillllllJHIIIIIIl~1411ft1111111111llllll!lllll · j OFFICIAL SEAL ,= ~ ( J.M. VANDEVORT i OTARY UBLIC- CALIFORNIA Npt0 P s.-n incipal 0ffks h Marin g Mt Cmmh~on Jxp~s Aw. 28. till j CBT~!CA~ STATE OF CA!.IFORNIA } u. ~U~Y OF MARIN !, the undersigned. R~ident ~sistant S~ret~ of THE ~ERIC~ INSU~CE ~MPANY, a NEBRASKA Cor~ration, ~ HEREBY CERTIFY the forgoinK and attach~ POWER OF A~RNEY remai~ in full for~ ud has not ~ revoke: and furthermore Ihat Article VII, S~llons 4~ and ~ of the By-la~ of the Cor~ration. and the Resolution of the Bo~d of Dirmors; s~ forth in I~ Power of Attorney, are no~ in force. Signed and sealed at the County of Marin. DaI~ the 5TH day of AUGUST , 19 9 1 .. 36071 I-1'A-6-90 (IIEV) To be attached to arki form part of Bond No in favor o~ CITY OF TEMECULA It i., agre~f that: 0713 1952-M TRACT NUMBER BE AMENDED TO READ: "TRACT 20703-1" This rider is effective c~ of noon attached bond. AUGUST 16, 1991 , standc~d tume ~ specified in the THE AMERICAN INSURANCE COMPANY PAMELA M. ANDROSKO ATTORNEY-IN-FACT GENERAL USE liDEl, 360352--3-67 State of CALIFORNIA ) SS. County of ORANGE ) On this 16TH day of AUGUST , in the year 1991 , before me, a Notary Public in and for said ORANGE County, State of California, residing therein, duly commissioned and sworn, ~ersonally appeared PAMELA M. ANDROSKO personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY (surety) and acknowledged to me that he/she subscribed the name of THE AMERICAN INSURANCE COMPANY / own name as Attorney-in-Fact / Notary u ic in ~n ' "~ Attorney in Fact - Ca (surety) thereto and his/her ~ XRY POBLIC- CALIFORN/A | ....... ................,., ....... GENERAL Arrousgv THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticat_ed to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint ---PAMELA M. ANDROSKO--- ANAHEIM, CA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakdng, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. 'AJlkie VH. Appolatment and Authority of Resident &~Tetsrk~, Attoraeys-in-Faa fad Agents to accept Lqal Proce~ and Make Appearances. Section 45. Appolatment. The Chairman of the Board of Directors, the President, any Vice-President or any other person author~'d by the Board of Directors, the Chairman of the Board of Directors, tbe President or any Vice-President may, from time to time, appoint Resident Assistant Secretaries and Afiorneys-b-Faet to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and ou behalf of the C~orpom~on. Section 46. Au2ori~ The authority of such Resident Assistant SecreUt~s, Attorneys-in-Fac~ and Agents shall be u prescdbei in the ins~rument evidencing their appointment, Any such appointment and all authod{y granted thereby my be revoked at any time by the Board of Directors of by any fMrson empowered to mike such appointment: This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused there presents to be signed by its Vice-President, and its corporate seal to 1 s t June 90 day of , 19 be hereunto affixed this STATE OF CALIFORNIA COUNTY OF MARIN By THE AMERICAN INSURANCE COMPANY Vi~'-President Onthis 1St dayof June ,19 90 , before me personaHy came R.D. Farnsworth to.me known, who, being by me duly sworn, did depose at~d say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporatio~ described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fwst above written. ; MINIIIHIMNlIM41llIIlIONIlIllH!IHIHllNlII~lfiI ~ OFFICIAL SEAL r NOTARY PUBLIC. CALIFORNIA I PTmcipal Office in MarSh County L Me Cammisslon Expires Aug. 28, 1992 ~' CERTIFICATE I~lJltqi4tllllieHOgJiSSllSlallldeNllglllllllgSllll STATE OF CALIFORNIA } ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NE BRAS KA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and Ruled at the County of Marin. Dated the 16THdayof AUGUST ,19 91 . 36071 !-TA-6-90 (REV) FIREMAN*S FUND INIURANC[ COMPANY THE AMERICAN INIURANCE COMPANY NATIONAL IURETY CORPORATION AIIOCIATEO INDEMNITY CORPORATION AMERICAN AUTOMOIII. E INIURANCE COMPANY HOMe OFFICEr EAR FRANCIICO. CALIFORNIA MAINTENANCE BOND 0713 1952-M Bond No. KNOW ALL MEN BY THESE PRESENTS: That. BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION , as Principal, ana THE AMERICAN INSURANCE COMPANY . a corI:x:~ration organized under the laws of the State of NEBRASKA and authorized to do a surety business in the State of CALIFORNIA. as Surety, are held and firmly bound unto the CITY OF TEMECULA in the sum of TWELVE THOUSAND ONE HUNDRED FIFTY & NO/100 DOLALRS ($ 12,150.00 ), lawful money of the United States of America. for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this AUGUST 5, 1991 WHEREAS, on the AUGUST 31, 1987 , the sam BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION as contractor, entered into a contract for TRACT 20703, WATER SYSTEM IMPROVEMENTS .'thesumof ONE HUNDRED TWENTY ONE THOUSAND FIVE HUNDRED & NO/100 DOLLARS ($ 121,500.00 ); and, WHEREAS, under the terms of the specifications for said work, the sam BARKATT AMERICAN INCORPORATED. A DELAWARE CORPORATION ;s required to give a bondfor TWELVE THOUSAND ONE HUNDRED FIFTY & NO/100 DOLLARS ($12,150. O0 J, to protect the CITY OF TEMECULA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. namely. until AUGUST 5, 1992 NOW. THEREFORE, if the sai,'J BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION -hall for a period of one year from and after the date of the completion and acceptance of same by sairl CITY OF TEMECULA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obli~gation to be void: otherwise to remain in full force and effect, 36OQa7--4-66 BARRATT AMERICAN INCORPORATED, A DEL4EW~~ION SENIOR VICE PRESIDENT D. J. PICARD ATTORNEY-IN-FACT State of California ) SS. County of Orange ) On this 5TH day of AUGUST , in the year 1991, before me, a Notary Public in and for said Orange County, State of California, residing therein, duly commissioned and sworn, personally appeared D. J. PICARD personally known to me on the basis of satisf. ~ry evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact THE AMERICAN INSURANCE COMPANY of (surety) and acknowledged to me that he/~em subscribed the name of THE AMERICAN INSURANCE COMPANY own name as Attorney-in-Fact ~T6~ot 1 otary Pub ic in and/for said state Attorney in Fact - Ca (surety) thereto and his/Wmm~ CORPORATE ACKNOWLEDGMENT m8 me ' Sicram of .C~IFO11qlA Or, mmm me 6 ,my oe AU~ST IS 9 Nm~, mm IBm vn~ermi0n~ N01a~ h)liC. ;~r~n~l) ~ HrlOnily ~Ow~ IO me ~ ~rov~ to me ~ the ~ls of .tls~Kto~ Io~~ ezecut~ t~ wtmin instrument u ~ ~ Hhllf OI the co~ormtlo~ therein nmH, and ~knowleQgH to me thlt me c~ltlon ezecutK IL HEIDI E. LONG NOTARY PUBUC- CAL ORNIA t~19 ! GENERAl, ' POWER OF Attorney Tile AMERICAN INSURANCE COMPANY KNOW ALL MF.N BY I'IIF. c;E PRF.ciENTS: That TIlE AMERICAN INSURANCE COMPANY, a Corporalloft incorporated under tile laws of the Slate of New Jersey on February 20. 1846, and redomesticatqd to the Stale of Nebraska on June I, 1990. and havinl its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presenLs make, constilute and appoint ---D. J. PICARD--- sad all bonds, undertaking, recolnizances or ot~ written oblilafions In the nature thereof and to bind the Corporation thereby as fully and to the same exlent u If such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said AIIornr/(s)-in-Facl may do in the premises. This power of attorney is granled pursuant to Article VII, Sections 4:~ and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now In full force and effect. "ArUde Vii. Apl~olatment and Aetbortty of Re, dent Secretaries, AttorneyFin-fact aml Alents to accept Lelal Process and Make Appearances. Section 45. Appointment. The Claireart of Ihe Board of DJreclors, Ibe President, any Vlc~-Prrsideut or any other person authorized by the Board of Direclefs, the Cbtlnnan of Ibe Board o[ Dlre~-Iors, the PresSdeal or any Vice-President may, Irom time Io time, appolnl Resident Ansisteal Seerclerics and Alloraeys4n-Facl Io npr~s~nl and act for and o,, bahall of the Corloration and Aleeta Io accept legal process and make appesramct~ Ior and ou behalf of lie Corporation. Section 46. AulboritT. The anlbortly of such Realdeal Assislaut Secrtlartes, Attorney~in-Faci and AllenIs shall be as prts~fibed In the Instrument evidenci-~l ~elr appotnlmenl. Any such a ppoinlmenl and all authority Innled Ibmby may be r~voked at any time by Ihe Board o[ Directors or by apy person empowered make such appointment," This power of attorney is signed and scaled under and by the authorSly of the following Resolu.'.:.~,n atopted by the Board of Dirc~ors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3 ist day of July, 1984, and said Resolulion has not been amended or repealed: "RESOI.VED, thai Ihe signature of any Vice*President, Assistanl Sectclan/. and Resident Assistant Sccrclnry of this Corporation, and tile seal of .Corporation may bc affixed or printed on any power of atlorncy, on any revocation of any power of allorncy, or on any ccrtificale rclalinll thcrcio. by f,csimile. and any power of altorncy, any revocalion of any power of attorney, or certificate bearing such facsimile siSnature or facsimile scat shall bc vaJid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN iNSURANCE COMPANY has caused these presents to be signed by its Vice-Prcsidenl, and ils corporate sc-*,l to hehueunloal*~,xedthis Ill: dayor June .19 90 STATE OF CALIFORNIA COUNTY OF MARIN II. By THE ANtERIC. AN INSURANCE COMPANY Vke-ennidem R. D. Farnsworth Oathis Ill: dayof 'June .19 90 ,befof~mepersonailycame to me known, who. being by me dtdy sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COI~PANY, the Corporatiot~ descd6ed in and which executed the above instrument; that he knows the sell of said Corperation; that the seal airaxed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first abov~ Written. ll41tlllllllllllllll~llllllletlllfl111llltllllllllTIIIIII i OFFICIAL SEAL J. M. VANDEVORT i NOTARY PUBLIC-CALIFORNIA Principal 0tlice in Maria County ! Mf Ceeemhdon Izlllfes Au~. 21. 1992 i,,..,.,.,,,,,,,,,,..,,.,...,,,-..-,,,.,,,,.,,-,,.,i STATE OF CAI.IFORNIA COUNTY OF MARIN CERTIFICATE ~igned and scaled at the Counly of Maria. Dated the !. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO !!EREBY CERTIFY that the foregoing and attached PO%VER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article V I I, Sections 45 and 46 of the By-laws of tile Corporation, and the Resolution of the Board of Direclors; set forth in the Power of Attorney, are now in force. 5TH dayof AUGUST . t9 91 , 360711-TA-6-90 (ItFV) t FIREMAN I FUND INIURANC[ COMPANY THE A'MERICAN INIURANC[ COMPANY NATIONAL IURETY CORPORATION AIIOCIATEO INDEMNITY CORPORAT/ON AMERICAN AUTOMOIILE INIURANC[ COMPANY HOMI OFFICE, IAN IrRANCIICO. CALIFORNIA MAINTENANCE BOND 0713 1953-M Bond No. KNOW ALL MEN BY THESE PRESENTS: That. BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION , as Principal. an~ THE AMERICAN INSURANCE COMPANY . a corporation organized under the lawE of the State of NEBRASKA and authorized to do a surety business in the State of CALIFORNIA. as Surety. are held and firmly bound unto the CITY OF TEMECULA in the sum ot EIGHT THOUSAND FIFTY & NO/100 DOLLARS ($8,050.00 ), lawful money of the United States of America, for the payment of which sum well and trulT to be made. we bind ourselves. our heirs, executors, acimin/strators, successors and assigns, iointly and severally, firmly by these presents: ShALED with our seais ana dcned thi.~ AUGUST 5, 1991 WHEREAS, on the AUGUST 31, 1987 BARRATT AMERICAN as contractor, entered into a contract for , the sai.'4 INCORPORATED, A DELAWARE CORPORATION TRACT 20703-1 SEWER SYSTEM IMPROVEMENTS for thesum of EIGHTY THOUSAND FIVE HUNDRED & NO/100 ($ 80,500.00 );and. DOLLARS WHEREAS, under the terms of the specifications for said wore the sai,4 BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION ~s required to give a bond for EIGHT THOUSAND FIFTY & NO/iO0 DOLLARS ($ 8,050. O0 ), to protect the CITY OF TEMECULA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. namely. until AUGUST 5, 1992 NOW. THEREFORE, if the saia BARRATT AI~ERICAN INCORPORATED, A DELAWARE CORPORATION · hall for a period of one year from and after the date of the completion and acceptance of same by sai,'4 CITY OF TEMECULA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. 360027--4-66 BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION SENIOR VICE PRESIDENT D. J. PICARD ATTORNEY-IN-FACT State of California ) SS. County of Orange ) On this 5TH day of AUGUST , in the year 1991 before me, a Notary Public in and for said Orange County, State of California, residing therein, duly commissioned and sworn, personally appeared D~ J. PICARD personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY (surety) and acknowledged to me that he/~m subscribed the name of THE AMERICAN INSURANCE COMPANY own name as Attorney-in-Fact /I '~"'~'5'tary Public ~id state Attorney in Fact - Ca (surety) thereto and his/k~.~ ', .': ', P:,;.',~1 ,~ ~t ANDROSKO ,':D~.,~ Pubtic- C~ifcrnia " C~E COUNTY , .::. ,' ~,'.'t C~mm. Ex~r~s Nov. 30 CORPORATE ACKNOWI,,EOGMENT e~ m o.,,,.,,., ,,., .... COunty ol ~qTk?q DTFf'-f)} ,tl, I-TR. TDT 'FI. TT.'FTk'~ TENG the undersigned Notary P~I)IIc. plrsonllty IDpII~ICl MICH~k':T, PATTINSCN C:] personlily lugown 10 me [~ proved to me on the buts of sattsfectot,/evidence !' HEIDI E. LONG ', to I)e the person(s) who ezecgtKI the within tnstrgment mS NOT~Y~-~E ' ~T~ ~ ~NhlllOftheco~orstiont~efeln ~ ~ R~H, Ind ~knowJl~ged tO me thlt the Co~orltlon Izlcut~ IL ,__ ......... "'______________,2;':'- ! GENERAl, . POWER OF ATFORNEY 1'lie AMERICAN INSURANCE COMPANY KNOW ALL MEN BY ]'IIFA~;I': PRLqENTS: That TI[E AMERICAN INSURANCE COMPANY. a Corporalinn incorporaled under Ihe lawl of Ihe Slate of New JeTsoy on February 20. 1846, and redomeslicated Io Ihe Slate of Nebraska on June I, 1990. and havinl its principal office in Ihe City of Omaha. State of Nebfuka, has made, constituted and appolnled, and does by these presenU make, constilute and appoint ---D. J. PICARD--- ANAHEIM, CA Its true and lawful Attorney(s}-in-Fad, with fuU power and authofit y hereby conferred In its name, place and stead, to exe~dle, seaJ, acknowledle and deliver any and all bonds, undertaking, recolnizances or mher written oblilatlons in Use nature thaeof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corlxwation and duly attested by its Secretary, hereby ratifying and confirming all that the said Atlorney(s}-in-Fact may do in Ihe premises. This Ix~wer of attorney is granted pursuant Io Article Vii, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article Y I!. Appointment sad Authority o[ Resident ~,cretn~es, AttorneyFin-Fact sad Alents to setapt L~lai Process aid Male Appearances. SenJoe 45. Appointment. The Clsalrmsn of the Board of Directors, the President, amy Vice-President or any other person authorized by the Board of Direrors, the Chairman of Ihe Board of Dirttrots, Ihe Presidenl or any Vlee-Presldemt may, from lime to Ume, appoint Resident Assislanl .e~.cretaries and Atloraeys4n-Fact Io represent and ad for and on behaif of Ihe Corporation and AlenU Io aceepl legal process and melee appearantes for and on behail of the Corporalion. Section 46. AuthortO,. 3'be authorfly of such Resident Assislant Secrelarles, AllotaN-Fact and Agents shall be as prescribed In the lusttamenl evideudng their appointmeal. Any such appointment and all aulhorily granted ihereby may be revoked al any time by Ihe Board ol DIrectors or by lay person empowertd Io make such appointment." '~d: power of attorney is signed and sea/ed under and by the authority of the following Resolut!~m& k~'.-..,. ::.:,; b.v the Board of Direrors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3 Ist day of July, 1984, and said Resolution has na4 been amended or repealed: "RESOI.VED, that the sienalure of any Vice-President, Assislant Secretary, and Resident Assistant Secretary of this Corporation, and lime seal of this .Corporation may be affixed or prinled on any power of attorney, on any revocation of any power of allothey. or on any certificate rclntiqg Iherelo, by farsis,tie. and any power of attorney, any revocation of any power of attorney, or certificate bea~iq such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presenls to be signed by its Vice-President, and hs corporate seal to be hereunto affi. xedthis [St: dayof June - 19 90 By STATEOFCALIFORNIA } u. COUNTY OF MARIN On this l S t day of THE AMERICAN INSURANCE COMPANY Vke-Pmsidem · June ,19 90 ~ before me personaJly came R.D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Cofporatio~ described in and which executed the above insmsment; that he knows the seal of said Corporation; that the seal aft=ned to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year hernia first above written. eNIHIIIIIIllllllIHlllllllltflllll~lll¢llllllltllllllll i OFFICIAL SEAL c(~ J.M. VANDEVORT  NOIARY PUBLIC- CALIFORNIA Principal Office in Maria Cxmnty g MF Ce~mhljon fzllms Au~. 21. PII] E CERTIFICATE 'tllltl0111tllll$1lllleelllllliillelllelellflllllliHiillll STATEO!;CA!.IFORNIA } SS. COUNTY OF MARIN · I, the undersigned. Resident Assistant Secretan' of TilE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO !iEREBY CERTIFY that the fortgoing and attached PO~'ER OF ATTORNEY remains in futl force and has not becfi revoked: and furthern~ofe that Article VII, Sections 45 and 46 of the By-taws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney. are now in force. Signed and scaled at the County of Marin. Dated the 360711 - IA-6-90 ( It I':V ) 5TH dayof AUGUST - .19 91 . ITEM NO. 7 TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Department of Public Works August 27, 1991 Acceptance of Public Improvements in Tract No. 22786 Albert Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the Public Improvements in Tract No. 22786, AUTHORIZE the reduction of Faithful Performance Street, Sewer, and Water Bonds, ACCEPT the Faithful Performance Maintenance Bonds in the reduced amounts, APPROVE the subdivision agreement rider, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On July 25, 1989, the Riverside County Board of Supervisors entered into subdivision agreements with: Barratt American Incorporated 12520 High Bluff Drive, Suite 300 San Diego, CA 92130 for the improvement of streets and the installation of sewer and water systems. Accompanying the subdivision agreements were surety bonds issued by: SAND~STAFFR~I~22786.TR The American Insurance Company as follows: Bond No. 11141296654 in the amount of $244,500.00 to cover street improvements. Bond No. 11141296662 in the amount of ~34,500.00 to cover water improvements. Bond No. 11141296670 in the amount of $42,000.00 to cover sewer improvements. Bonds No, 111 41296654, 1114129662, and 11141296670 in the amounts of $122,500.00, $17,250.00, and $21,000.00 respectively to cover materials and labor. The following items have been completed by the developer or his engineer in accordance with the approved plans: Required street, sewer, and water improvements. The affected streets are Tanager Circle and a portion of Jon Christian Place, North General Kearny Road, and Nicholas Road. The inspection and verification process relating to the above items has been completed by the County of Riverside Road Department and City Staff agrees with the recommendation to reduce the subdivision improvement bonds, Therefore, it is appropriate to reduce/release these bonds as follows: Streets: $220,050.00 Water: 31,050.00 Sewer: 37,800.00 The remaining 10% of the original faithful performance bond amounts are to be retained for one (1) year guarantee period aS follows: Streets: $24,450.00 Water: 3,450.00 Sewer: 4,200.00 SANDF. FKMXSTAFFRPT~22786.TR 2 The developer has submitted Faithful Performance Maintenance Bonds designating the City of Temecula as obligee. City Council acceptance of these Maintenance Bonds will permit the Clerk of the Board of Supervisors to release the Faithful Performance bonds for these items of work. The Materials and Labor Bond and Monumentation Bond will remain in effect pending City Council exoneration. AC:ks Attach me nts: Vicinity Map Subdivision Maintenance Bonds Subdivision Agreement SA.,NDP-.FI<HVIe~STAFPRFI"~2?8ti,TI~ 3 PROJECT VICZNI T Y MAP ,, III I~OT TO. SCA~E AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and BARRATT AMERICAN INCORPORATED, hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the County of Riverside and CONTRACTOR have entered into a series of agreements and CONTRACTOR has submitted a series of bonds in connection with the consideration by the County of Riverside of final map approval Tract No. 22786; WHEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existing County Subdivision Agreement and Bond forms in lieu of CITY forms; WHEREAS, certain references in the County forms incorrectly refer to County positions instead of City position; NOW, THEREFORE, it is agreed between CITY and CONTRACTOR as follows: 1. All references to the "County of Riverside" contained in of the documents between CITY and CONTRACTOR concerning Tract No. 22786 are now defined as referring to the "City of Temecula". 2. All references to the "Riverside County Road Commissioner" contained in any documents between CITY and CONTRACTOR concerning Tract No. 22786 are now hereby defined to refer to the "City Engineer". 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract No. 22786 now hereby refer to the equivalent CITY offices or positions. Dated: AUGUST 5, 1991 By: BARRATT AMERICAN INCORPORATED CONTRACTOR ' S NAME t MICHAEL PATTINSON SENIOR VICE PRESIDENT (Attach Notary Jurat) CITY OF TEMECULA Dated: RONALD J. PARKS, MAYOR Dated: JUNE S. GREEK, CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY L-TF, TI'IT F. TT,FI~'~,T Tf'lN~ the unc~erelgeqecI Nolary P~al}lic, pereonNly eppea,~ MICHAFL PA~INSON r'l perlonllly known tO me ~ .....%~F~'c~"s~" *;c; o,o,, ,o -. o. ,h...,. o, ,,t,,,,,,o,,  tiEtBl E. LOX!~. ~ tO De the persons} wPm exlcutM the wlthia inetrument IS NQT~Y PUSUC. ~ ) ~T~ ~ or on ~hllf Of the COrpOretiOn therein Not~'l 8lgMtg~ MAINTENANCE BOND Bond No 11141296670-M KNOW ALL MEN BY THESE PRESENTS: That. BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION . as Principal. and THE AMERICAN INSURANCE COMPANY , a corporation organized under the laws of the State of NEBRASKA and authorized to do a surety business in the State of CALIFORNIA. as Surety. are held and firmly bound unto the CITY OF TEMECULA in the sum of FOUR THOUSAND TWO HUNDRED & NO/100 DOLLARS ($4,200.00 ), lawful money of the United States of America. for the l:x:zyment of which sum well and trulr to be made, we bind ourselves, our heirs, executors. acimir';.strators, successors and assigns, jointly and severally. firmly by these presents: SEALED with our seals and dated this AUGUST 5, 1991 WHEREAS, onthe MARCH 23, 1989 . the said BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION as contractor, entered into a contract for TRACT 22786 SEWER SYSTEM IMPROVEMENTS forthe,,umof FORTY TWO THOUSAND & NO/100 DOLLARS ($ 42,000.00 ); and. 'V~r~S, under the terms of the specifications for said work, the said BARRATT AMERICAN INCORPORATED, A DELAWAKE CORPORATION is required to give a bondfor FOUR THOUSAND TWO HUNDRED & NO/IO0 DOLLARS ($4,200.00), to protect the CrrY OF TEI,'LECULA against the resu/t of faulty materials or workman.shil:, for a period of one year from and after the date of the completion and acceptanc~ of same. namely. unti! AUGUST 5, 1992 NOW, THEREFORE, if the said BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION ,~hall for a period of one year from and after the date of the completion and acceptance of same blr said CITY OF ,'eplace any and all defects arising in said work whether resulting from defective materials or defective workmanship. then the above obligation to be void; otherwtse to remain in full force and effect. 360027--4-66 BARRATT AMERICAN INCORPORATED, SENIOR VICE PRESIDENT j7E~~AN~MPANY D. J- PICARD ATTORNEY-IN-FACT State of California ) SS. County of Orange ) On this 5TH day of AUGUST , in the year 1991, before me, aNotary Public in and for said Orange County, State of California, residing therein, duly commissioned and sworn, personally appeared D. J. PICAlID personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY (surety) and acknowledged to me that he/~ subscribed the name of THE AMERICAN INSURANCE COMPANY own name as Attorney-in-Fact ~~ublic i~ andsfor said state Attorney in Fact - Ca (surety) thereto and his/J~- PAMELA M. AHDROSKO Carom. Expires Nov. 30 19~ CORPORATE ACKNOWLEDGMENT m Stile el -C'~''T'JI~')''IR~T:T']~ On this the 6 day of AU(~L,TST re!'1. Mlore me, ~OuntyOf ~ D~C~ ~TDT ~TT,~ T~ , the unGersiOn~ Notl~ ~llC, DersonNly Ippe~eG ~~ PA~S~ , a petlon~l~ ~own to me a ~rovH to me on the mls of latllf~toq ~i~ence to ~ the ~rsoN$) who ezecutH the within instrument u q~TI~ ~ or on NhNI O( the coloration therein n~eG, InG ~knowle~ged to me that the COlOratiOn executN EL C r - N~I~'~ ~gMture ~ ~ HEIDI E. LONG < O ARY PO3UC- CAL~FORMA ~: GENERAL ' POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY l'iIF^c;E !;RESENTS: That TIlE AMERICAN INSURANCE COMPANY. a Corporation incorporated under the laws of the State of New Jersey on February 20. 1846, and redomesticated to the State of Nebraska on June I, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint ---D, J, PICARD--- ANAHEIM, CA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, underInking, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Atlorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article Y 11. Apflointment snd Authority of Resident Secretaries, Attorneys-in-Fact ,nd Agents to accept Legal Process sad Make Appesr~nces. Section 45. Appointment. The Chairman of the Board of Diredors, the President, any VIce-President or any other person authorized by the Board of Dtr,~:tors, the Chairman of the Board of Directors, the President or any VIce-President may, from time to time, appoint Resident Assistant F~cretarles and Attorneys-in-Fact to represent and act for and ou behalf of the Corporntiou and Agents to accept legal process and make appearanc~ for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys-in-Fact and Agents shall be as prescribed In the Instrnment evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of D|r~ctors or by spy person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOINED, Ilia( the signalare of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of Illis Corporation, and the seal of this .Corporation may be affixed or pri,xtcd on any power of altorney. on asty revocation of aqy power of attorney, or oil any ccrtil icate reinling thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seal to 1st dayof June .19 90 be hereunto affixed this STATE OF CALIFORNIA COUNTY OF MARIN By THE AMERICAN INSURANCE COMPANY Vice-Prmident R. D. Farnsworth On this 1 S t day of June ,19 90 , before me personally came to me known, who, being by me duly sworn, cUd depose and say: that he is Vice-President of THE AMERICAN INSURANCE CONiPANY, the Corporatiori described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. W!IIHIIIIIilIIIIIItlIIIIIII'IHIIII!ISlf!IHIIIIIIII!III! = OFFICIAL SEAL J. M. VANDEVORT i NOTARY PUBLIC-CALIFORNIA Principal Office in Maria County Mir C~nmhs~on Expires Au~. 28, 1992 i,,,,,.,,..,,,,,.,,,,,,,.,,,.,,,,,,..,,,,.,,,,,,,,,,,,,'-- STATE OF CALIFORNIA COUNTY OF MARIN Notuy Public CERTIFICATE I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 5TH dayof AUGUST .19 91_._. 36071 i -FA-6-90 ( R !.iv ) FfREMAN'I FUND INSURANC~' COMPANy MAINTENANCE BOND Bond No. 11141296662-M KNOW ALL MEN BY THESE PRESENTS: That BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION , as Principal. anrl THE AMERICAN INSURANCE COHPANY , a corporation organized under the laws of the State of NEBRASKA and authorized to do a surety business in the Slate ol CALIFORNIA, as Surety, are held and firmly bound unto the CITY OF TEMECLTLA in the sum of THREE THOUSAND FOUR HUNDRED FIFTY & NO/100 DOLLARS ($3,450.00 ), lawful money of the United States of Americ,",, for the l:x:zyment of which sum well and truly to be made, we bind ourselves. our heirs, executors. admimstrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated th/'~ AUGUST 5, 1991 WHEREAS, on the MARCH 23, 1989 BARRATT AMERICAN INCORPORATED, as contractor, entered into a contract for TRACT 22786 WATER SYSTEM IMPROVEMENTS . · the A DELAWARE CORPORATION for the su,m of THIRTY FOUR THOUSAND FIV EHUNDRED & NO/100 DOLLARS 34,500.00 ); and. WHEREAS, under the terms of the specifications for said work, the saia BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION ~s required to give a bond for THREE THOUSAND FOUR HUNDRED FIFTY & NO/100 DOLLARS ($ 3,450.00 ), to protect the CITY OF TEMEC~ against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. namely, until AUGUST 5, 1992 NOW, THEREFORE, if the sam BARRATT AHERICAN INCORPORATED, A DELAWARE CORPORATION · hall for a period of one year from and after the date of the completion and acceptance of same by sai,-I CITY OF TEMECULA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void: otherwise to remain in full force and effect. 36OO27--4-66 BARRATT AMERICAN INCORPORATED, SENIOR VICE PRESIDENT D. J. PICARD ATTORNEY- IN-FACT State of California ) SS. County of Orange ) On this 5TH day of AUGUST , in the year 1991 , before me, a Notary Public in and for said Orange County, State of California, residing therein, duly commissioned and sworn, personally appeared D. J. PICARD personally known to me on the basis of satisfact~ evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY (surety) and acknowledged to me that subscribed the name of THE AMERICAN INSURANCE COMPANY own name as Attorney-in-Fact o ary Public in and/for said state Attorney in Fact - Ca (surety) thereto and his/beds : ":':~ ~',~., OFFICIAL SEAL . ',' ':"'~:~:\ PAMELA M. ANDROSKO : '~-": :~, Notary P~k- C~i,Drnia CORPORATE ACKNC)WI, EOGMENT Stile of C'~T ,TTPOT~MT ~untyol S~ the ~ personlily ~ow~ to me nmed, ! GENERAl. POWER OF ATI'ORNEY TIlE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY 1'1 IF.c,!': PRI'=~iENT.5: That TI {E AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the Stale of New Jersey on February 20. 1846, and redomeuicatCd to the State of Nebraska on June !, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make,, constitute and appoint ---D. J. PICARD--- ANAHEIM, CA its true and lawful Attorney(s}-in-Fact, with full power and authorSly hereby conferred In its name, place and stead, Io execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thueof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation nnd duly attested by its Secretary, heTeby ratifying and confirming all that the said Attorney(s}-in-Faa may do in the premises. This power of attorney is granted pursuant to Atxicle VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. 'Article Vii. Appointment sad Autbor/ty of P~ideut .St. cret~de~, Attoruey~n-Fua sad Agents t~tx'~pt L~al Protess tad Make Appe~rnnce~. Section 45. Appointment. The Chairman of the Boerd of DirectoR, the President, amy Ylce-Pttsident or any otheT person amthodzed by the Board of DIrt. cLoTs, the Chairman of the Board of DirtcloTs, the President or any Vlce-Presldenl may, from lime to time, appoint Resident Assistant Secretaries and AllarRays-In-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the CorporaUon. SecUon 46. Authority. The authority of such Resident Assis~ant Secretaries, AttarneTs=in-Fact and Agents shall be as prescribed In the instrnment evidendng their appointment. Any such appointment and all authority granted thereby my be revoked at any time by the Banal of Directors of by spy person empowered to make such appointmeaL." This powe~ of attorney is signed and sealed under'and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation, and the seal of thi~ · Corporation may be affixed or printed on any power of attorney, on any revocation of any power of altarnay, or on any certificate relating t hereto, by facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the CorporationS' IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to ISI:: dayof June ,19 90 ; her.~unto affixed this firATE OF CALIFORNIA COUNTY OF MARIN By THE AMERICAN INSURANCE COMPANY Onthis 1st dayof 'June .19 90 ~beforemepersonailycarne R.D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COb, iPANY. the Corporatiot~ desc~bed in and which executed the above instrument; that he knows the s4~[ of said Corporation; that the seal affixed to the said instrument is such corporate st~tl; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WIi EREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. IIIIIHIIIIIIlIlIIIH'I'IIIIIIIIl'III~IIllIltItlIIItl1111111 : OFFICIAL SEAL ] ~ J.M. VANDEVORY i NOTARY PUBLIC.CALIFORNIA Principal Of/ice in Maria County ~ My Cemmhs~an Expires Au~. 28. : a.,,,,...,,...........,.....;,........,,,,.,.,,,-...,, STATE OF CA!.IFORNIA COUNTY OF MARIN CERTIFICATE 1, the undersigned, Resident Assistant Secretary of THE A,MERICAN INSURANCE CObiPANY, a NEBRASKA Corporation, DO !!EREBY CE RTI FY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article VIi, Sections 4~ and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors: set forth in the Power of Attorney, are now in force. 'igncd and scaled at the County of Matin. Dated the 5TH dayof AUGUST .19 91 Relklent A~ Se~'let ul 360711 -TA-6 -90 ( It EY ) FIRI'MAN'I FUND IHIURANCI; COMPANY THI AMIRICAN INIURANCS COMPANY NATIONAL SURETY CORPORATION AIIOCIATI{) INDIrMNITY CORPORA/ION AMERICAN AUTOMOIILE INIURANCe COMPANY HOME OFFIC[~ IAN FRANCIICO, CALIFORNIA MAINTENANCE BOND Bond No 11141296654-M KNOW ALL MEN BY THESE PRESENTS: That BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION · as Princil:~l, anA THE AMERICAN INSURANCE COMPANY __. a corporation organized under the laws of the State of NEBRASKA and authorized to do a surety business in the State of CALIFORNIA, as Surety, are held and firmly bound unto the CITY OF TEMECULA in the sum o~ TWENTY FOUR THOUSAND FOUR HUNDRED FIFTY & NO / IO0 DOT,T,ARR ($ 24.450.00 ), lawful money of the United States of America. tot the payment of which sum well and truly to be made, we bind ourselves, our heirs. executors. admirdstrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated thi., AUGUST 5, 1991 WHEREAS, on the MARCH 23, 1989 , the said BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION as ~nn'actor, enter~ into a contract for TRACT 22786 STREETS & DRAINAGE IMPROVEMENTS for thesum o; TWO HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED & NO/100 DOLLARS ($ 244,500.00 );and, WI'iERF. AS. under the terms of the specifications for said work. the said BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION is required to give a bond for TWENTY FOUR THOUSAND FOUR HUNDRED FIFTY & NO/100 DOLLARS ($24,450.00), to protect the CITY OF TEMECULA against the result of faulty materials or wo(k.marmhip for a period of one year from and after the date of the completion and acceptance of same, namely, until AUGUST 5, 1992 NOW, THEREFORE, il the said BARRATT AMERICAN INCORPORATED, A DELAWARE CORPORATION .,hall for a period of one year from and after the date of the c~mple tion and acceptance of same by saia CITY OF TEMECULA replace anlr and all defects arising in said work whether resulting from defective materials or defective workmanship. then the above obligation to be void: otherwise to remain in full force and effect. 360027--4-66 BARRATT AMERICAN INCORPORATED. A DELAWARE CORPORATION SENIOR VICE PRESIDENT THE ~Rf~PANY D. J. PICARD ATTORNEY- IN-FACT State of California ) SS. County of Orange ) On this 5TH day of AUGUST , in the year 1991, before me, a Notary Public in and for said Orange County, State of California, residing therein, duly commissioned and sworn, personally appeared D. J. PICARD personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY (surety) and acknowledged to me that he/~t-" subscribed the name of THE AMERICAN INSURANCE COMPANY (surety) thereto and his/~ own name as Attorney-in-Fact Attorney in Facc- Ca ./ l ~ HEIDI E. LONG ; CORPORATE ACKNOWLEDGMENT .e mm Stele of , (:-z~TuI--'j~'~:)Z:;~:T--~ On this the 6 day 0l AUC~JST 199,~.,~ ~fore me. C t of 9 'riohilly Ippeled Q Derson&lly ~own Io me O Utah to me on the ~uls of SmtlSfKtOq ~iaence 0r 0a ~hllf 0f the cotpotitioa therein nmed, Ind Icknowledged to me that the cotpotltloa IxlcutN IL Not~'l Sighlure ~ ATTOnNtV Ti I E AMERICAN INSURANCE COMPANY KNOW ALL MEN BY I'I IF^c,E PRF.~iENTS: Titat TIlE AMERICAN INSURANCE COMPANY. a Corporation incorporated under time laws of the StaleSt New Jersey on February 20. 1846. and redomasticated to the Stile of Nebrtska on June J, 1990, and having its principal office in tile City of Omaha. State of Nebraska. has made, constituted and appointed. and does by these presents make, cortttitute and appoint ---D. J. PICAlID--- ANAHEIM, CA iU true and lawful Attorney(s)-ln-Fact, with full power and authorit y hereby conferred in its name, place. and stead, to execute, seal, acknowledge and deliver and tU bonds, undertaking, recognizances or other written obligations in the nature thexeof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Atlorney(s)-tn-Fact may do in the premises. This power of attorney is granted pursuant to Article Vii, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article V! i. Appointment and A arbortry of Rt~ldent Secrettries, A tintanti-in-Fin mad A~eots to ateapt Legal Process and Make Appesrnaces. Section 45. Appointment. The C'aairman of the Board of DIreclon, tbe Prt~idenl, any ¥1ce-President or any olhet persoI, antbor~zed by the Board of Directors, the Chairman of the Board of Directors, the President or any VIce-Pr~stden! may, from time to Use, appoint Resident Asslstanl F~cretaries AttorneyFlu-Fact to represent and act for and on behalf of the CorporaUon and Agents to accept legal praczss and make appe~rane~ for and on behalf of Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, AItorneys-4n-Fact and Agents shall be a, prescribed in the Instrumeni evidendn~ their appatnlment. Any such appointment and all anthority granted Ihereby may be revoked al any time by the Board of Diretines or by any person empowered make s~ch appolnlmenl;° ': '~; ~;ewer of attorney is signed and sailed under and by the '-;uthority of the following Resoluti~r, ;~c,m:.::d by the Board of Directors of THE A.MER!CA.N INSURANCE COMPANY at a meeting duly called and held on the 3 1st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secrelary of this Corporation, and the seal of thi,t .Cotpotatlon may be affixed or printed on any power of at fornay, on any revocation of any power of olinracy, or on any certificate reinling therein, by fncsisnile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and bindin! upon the Corporation;' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to behes,-untoaff'.txedthis 1St dayof June - 19 90 THE AMERICAN INSURANCE COMPANY Vict--Pttsidcnt STATE OF CALIFORNIA COUNTY OF MARIN R. D. Farnsworth On this 1 S t day of ' June ,19 90 , before me personally came to me know., who, being by me duJy sworn, ctid depose and say: that he is Vice-President of THE AMERICAN INSURANCE COF, iPANY, the CorporaticS descrilx~ in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate Ral; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year hernia first above written. II41141111111fllIIHt111111I'tHlI~IHIfHIIIIIIIHIllIII ~ ~ OFFICIAL SEAL ," ~ = ~ J.M. VANDEVORT ' NOTARY PUBLIC- CALIFORNIA ~ g Principal Office in Marin Caunty _, My CIm~mh~on tapins auq. 28. 19'92 E CERTIFICATE EitIIeeteHIIImiUreHeeISieeeHUSBteSeeeIiIiiiBeiIeeUet0! ~ STATE OF CAI.IFORN IA } COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO !!EREBY CERTIFY the foregoing and attached POWER OF A'I'I'ORNEY remains in full force and has not beta revoked: and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation. and the Resolution of the Board of Directors; set forth in the Power of Attorney. are now in force. Signed and sealed at time County of Maria. Dated the 5TH day of AUGUST . 19 9 ]. ,... Raidat A'-~-,~.tt 3607t!-FA-6-90 (ItEV) ITEM NO. 8 APPROVAL CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Engineering Department DATE: August 27, 1991 SUBJECT: Final Parcel Map No. 26625 PREPARED BY: Douglas M. Stewart RECOMMENDATION: That the City Council approve Final Parcel Map No. 26625 subject to the Conditions of Approval. DISCUSSION: Parcel Map No. 26625 is a proposed 14 parcel planned Industrial Land Division within a 9.11 acre site. The site is a previously approved Plot Plan 11756 which was approved May 21, 1990 by Riverside County for an Industrial Business Park. The tentative map was approved by the City of Temecula Planning Commission on May 6, 1991. The approved tentative map was originally approved as a 13 parcel land division, with Parcel 13 being a Common Use Area. Parcel 13 was later shown as 2 parcels to accommodate mapping requirements on the parcel map. This change to the land division to show Parcel 14 was approved by the Planning Department. The following fees have been paid (or deferred) for Final Parcel Map No. 26625 ° Traffic Signal Mitigation $ 18,322.50 Paid ° Area Drainage Fee $ 17,946.70 Paid ° K-Rat Fee $ 20,397.00 Paid SANDE_FKM~STAFFRFF~26625. FPM 1 FISCAL IMPACT: Not Determined SUMMARY: Staff recommends that the City Council approve Final Parcel Map No, 26625 subject to the Conditions of Approval. ATTACHMENTS: 2. 3. 4. 5. Development Checklist Location Map Copy of Map Conditions of Approval Fees and Securities Report SANDEFICMXSTAFFRPT~26625. FPM 4 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Final Parcel MaD No. 26625 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation) Public Facility (Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Approval By Ordinance No. 663 Condition No. N/A Condition No. 25 Condition No. 22 Condition No. N/A Condition No. N/A Condition No. 24 SANDEFK,M~STAFFRPT~2662,5 .FPM ~ CITY OF TEMECULA SITE VICINITY MAP CASE NO. P.C. DATE City of Temecula 43172 Business Park Drive oTemecula. California 92390 Ronald J. Parks Mayor Patricia H. Birdsall Mayor Pro Tern Karel E Lindemans Counc,memOer Peg Moore CounolmemDer J. Sal Mur~oz CouncdmemDer David E Dixon C4ty Manager (714} 694-1989 FAX (714) 694-1999 May '?.8, 1991 Ms. Ida Sanchez Markham & Associates 41750 Winchester Road, Suite N Temecula, CA 92390 SUBJECT: Final Conditions of Approval for Parcel Map No. 26625 Dear Applicant: On May 6, 1991, the City of Temecula Planning Commission approved Parcel Map No. 26625 subject to the enclosed Conditions of Approval. Parcel Map No. 26625 is a proposed 13 parcel planned industrial subdivision on 10.~u, acres located at the northwesterly corner of Business Park Drive and Rancho Way. This approval is effective until May 6, 1993. If you have any further questions regarding this subject, please contact the Planning Department at ~71~) 69~-6L100. Sincerely, Scott Wright Case Planner Gary Thornhill ~'~ Planning Director SW/GT: ks co: z"~nngineering Department Fire Department Case File PLANNING\PH26625\ks CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: 26625 Project Description: To create 13 parcels on the site of an approved commercial industrial plot plan. Assessor's Parcel No.: 921-020-062 and 063 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~60, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance ~60. The expiration date is May 6, 1993. Any delinquent property taxes shall be paid prior to recordation of the final map. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated April 18, 1991, a copy of which is attached. 5. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the Manufacturing-Service Commercial zone. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet {ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. A: PM26625 11 10. 11. 12. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory· All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the Southwest Area Plan. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Parcel Map No. 22625. which action is brought within the time period provided for in California Government Code Section 66~99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action. or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. All utilities, except electrical lines rated 33kv or greater, shall be installed underground, with easements provided as required. No lot or unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or *interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCE, R's which shall include compulsory membership of all owners of tots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services· Recorded CCF, R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. A: PM26625 12 13. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Enqineerinq Department The followin9 are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements. traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. The Developer shall comply with'the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 15. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. 16. This project shall be subject to fulfillment of the approved amended conditions of underlying Plot Plan No. 11756. PRIOR TO RECORDATION OF THE FINAL MAP: 17. As deemed necessary by the City Engineer or his representative, The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; Parks and Recreation Department. An easement for joint use driveways and parking shall be provided prior to approval of the Final Map. Said easement shall also provide for public Utilities and emergency vehicle access. 19. A declaration of Covenants, Conditions and Restrictions (CCF, R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CCF, R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. A: PM26625 13 20. The CCF, R's shall be reviewed and approved by the City and recorded. The CCF, R~s shall be subject to the following conditions: a. The CCF, R's shall be prepared at the developer~s sole cost and expense. The CCSR's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CCF, R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CCF, R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The CCF, R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CCF, R~s shall provide that if the property is not maintained in the condition required by the CC~,R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CCF-R~s or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. i. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. ii. All parkways, open areas, and landscaping shall be permanently maintained by property owner's association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. III · Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CCE, R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. A Notice of Intention to form and/or join the Landscape and Lighting District shall be filed with the City Council. The engineering costs involved in District information shall be borne by the developer. A: PM26625 1~ 21. The street design and improvement concept of this project shall be coordinated with adjoining developments, per the conditions of approval of underlying Plot Plan No. 11756, as amended by City Council on August 1~, 1990. 22. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. If such impact fee has been paid by underlying Plot Plan No. 11756, no additional fee will be required. 23. Prior to final map, the subdivider shall notify the City~s CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 25. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. A: PM26625 15 COUNTY OF RIVERSIDE DEPARTMENT OF HEALTH ..... 4065 COUNTY CIRCLE DR, RIVEeSID(, CA. 92503 (Mldinl AdCrems - P.O, 8;= 7600 925r3-~6: ATTN: Scott Wright: RE:: PARCEL MAP NO. 26625: BEING A DIVISION OF PARCELS 5 AND 6, LOT "C" (l'barrier strip) AND PORTIONS OF LOTS "A" (Business Park Drive) AND "B" (Rancho Way) OF PARCEL MAP 19580 AS SHOWN BY MAP ON FILE IN BOOK 154 OF PARCEL HAP5 AT PAGE5 92-96 THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA IN THE TEMECULA RANCHO. The De~a-tmen~. of F,.zb.:l,: Health has re-;ie~e"~ ='arc=.. M~ ~.~!t'i,rtt~on~ as aDOrOve~ by the water c:,mc. anv ar, G >:~-~ th Deu~.r ~men+ Pert. anent ~,F lrir. ~ ,:,f the m fans of wit~: system shall be submit. ted ~n trl~iz.za'e. w~h a m:'~:~.um s.zaic. not Less than Gne ;nch e,~uals ~'~'3 feet . w;~n the ,r.c~,l~nal ,Jriw~nc to the County Survev:r. Th{- sns.: snow tae =ntern~! ~,lDe dzameter. ioc~t ~on cf and fire hydrant~; DZ~e and ~olnt ~oec~f~cat;ons. and the ~:~ of the main ~t the ~,:nct~on of the new system to. the e::i~%inc 3vstem. The ~lans 3hall comply In ~ll wi-r. Div. ~. Pa~t I. Ch.tpter 7 of the Cailf,Drnla Hea.~h ~.r,~ .~ferv Code. Calzfornl.i Administrative Code. Tit~e ;Zhaoter 16. and Gener~i Or.~ec No. i0~ of the Public Comm ion of the :~ate 3t' tZas ;forrtla. ~'h~:'. ~olzcab[e. The plans shill be ~ione,J by 1 9r, glneeF a~,d w~t. ec c~m~anv ~;-~ the fci lo~in~ ,:ertzfxc%tlen: "I cert;fv that the desz~m cf ~he wa~ - ~vs ~em in Parce L MaD "- ~,~5 '= .,~,'.~ sv~:9m e:,:mansl.:,n o[~ms of the ~an,rho Csl;f.rrr,~x CItv of Temecu!a F'age Two Attn: Sc..~tt Wright April I,~. !1. .~ =.-~u-r~ ted t.~ Th,., "Z.D.Tr.~V :-D. tlrvev.DI' .= ,- ~r ICe iT, j . .. u;. . . , , ... ~ av: %~: s. '. ;.~.as: twc. weeb.~ F-.rl,sr t? :he re,.%~[e~t f,Tr t. he ;ec~rJA~ i..-..~ cf rh:~ =.ubdtv~s=,:,r. na~ a ~tatement from Rancho California Wltef Ql$trlc% a~eei~g to serve dome~tl.i water tz= ea.:~ and ev~rv lot ~atl~:'act.~rv ~ !nanrl,3.1 a[r.~nc;ement~ ~re .i.3~ieted with E,:.~t-lc~ anC 3h&l~ t% c,~r~n~cte~ t,? the ~ewer~ ,r.f [,~tr:rt The ~¢~,' system snail be lnrt~iie~ RiCr/~n~ · i.~,.:ntv '~urvevTr And the Health DeI~artment. ~'~r~r. er~t ~f the ~len~ cf the ~ewer system s~all be ~ubm~tteJ tc!D[llate. ~Icng wlth the or~g:nal drawing. t3 the '~ 3how the Internal ~lr.e dlame.er. l~catic~'ef manhole;. complete ~r-:f%les. ~%De ~n~ so.~c-flc&tlcm~ and the ~ze cf the ~ewers at tke ~unrt~.rn the new -~vstem to the e~:l~t~nc ~v.~tem. A ~n~le ~n~l,:a=In,~ l,scatlon of sewer l~nes ~nd w~ter l~nes ~hall a o~rt:on or ehe sewage Dlan~ ~nd oroflles. The ~,!an~ ~hall be ~csned bY a reG1~%ere~ en~%neef and the sewer wIt~ the f.Dll~wlng certlflcat=on~ "[ cert=fv that ~{slcn of the sewer svstem'~n ['arcei Me: 2~2~ :s arcc, rdance w~th the sewer system expansion plans of Eastern Mun::lDal Water District and that the waste system ~s adequate at th~s t~me tG treat the wa~te~ from the proposed DarTer ~aD." STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 6, 1991 Case No.: Parcel Map No. 26625 Prepared By: Scott Wright Recommendation: ADOPT Resolution 91- Parcel Map No. 26625 approvin9 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Hawthorne Development Markham and Associates A 13 parcel planned industrial subdivision of a 10.u,~ gross acre site of previously approved Plot Plan No. 11756. The northeasterly corner of Business Park Drive and Rancho Way. M-SC ( Manufacturing-Service Commercial ) North: M-SC South: M-SC East: M-SC West: M-SC ( Manufacturi ncJ - Serv ice Commercial ) ( Manufacturi ncj - Service Commercial ) ( Manufacturi n g - Service Commercial ) ( Manufacturi ncJ-Serv ice Commercial) Not requested. Industrial Buildings Under Construction North: South: East: West: Vacant Vacant Industrial, Vacant Industrial Under Construction A:PM26625 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: Size of Site: No. of Parcels: Parcel Sizes: 10.4z~ acres ( gross ) 14 0.17 to 0.41 acre and a common area parcel encompassing 5.6 acres (net) Plot Plan No. 11756, a proposal for an industrial park with 155,523 square feet of gross floor area, was tentatively approved at the County Planning Director's hearing on May 21, 1990. On June 22. 1990, the applicant filed Appeal No. 5 to the Temecula City Council requesting relief from County Road Condition Nos. 1 through 5 requiring off-site street improvements prior to occupancy. In lieu of said conditions, the applicant agreed to deposit $10.000.00 into a City Road Benefit Fund and to either pay additional funds or to receive a refund equal to the difference between the applicant's estimated fair share of the cost of improvements and the amount of the deposit. On this basis, the City Council upheld Appeal No. 5 and approved Plot Plan No. 11756 on August 14, 1990. As of this writing, the construction of the buildings is substantially complete. The paving and landscaping remains to be done. The proposal is a 13 parcel planned industrial land division on the site of an approved plot plan for an industrial business park. Parcels 1 through 12. ranging from 7,405 square feet to 22,651 square feet in area, are subdivisions of approved and constructed building space. Parcel 13, encompassing 5.6 acres of net site area, is a common area comprising the parking lot and landscaping. Parcel Size Ordinance 348, Section 11.4(a) stipulates that the minimum lot size in the M-SC Zone is 7,000 square feet where sewers are available. The proposed parcels encompass areas ranging from 7,405 square feet to 22,651 square feet and conform to the minimum lot size in the M-SC zone. Environmental Concerns Addressed in Conjunction With the ADproval of Plot Plan No. 11756 An Alquist-Priolo Zone Geologic Report was prepared for the area encompassing the sites of Plot A: PM26625 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: Plan Nos. 11604 and 11756. A Liquefaction Report was prepared for the underlying Parcel Map No. 19580. The County Geologist concurred with the findings and recommendations of the Alquist-Priolo Zone Geologic Report which found no evidence of faults on the site and did not recommend any restricted use zones. The County Geologist also concurred with the findings of the liquefaction report stating that liquefaction mitigation measures are not necessary at the site. The site is within the Murrieta Creek/Temecula Valley Area Drainage Plan and is subject to flood mitigation fees. Payment of traffic signal mitigation fees prior to issuance of building permits is a condition of approval for Plot Plan No. 11756. Kanqaroo Rat Fees Kangaroo Rat Habitat Conservation fees were paid to the County on August 31, 1989 in conjunction with underlying Parcel Map No. 19850. The site was rough graded in conjunction with Parcel Map No. 19850. The proposed planned industrial development is consistent with the provisions of the M-SC Zone and the Light Industrial Land Use Designation in which it is located. An Initial Study prepared in conjunction with Plot Plan No. 11756 adequately identified the potential environmental impacts of the project. Mitigation measures were incorporated as conditions of approval. After reviewing the applicant's current proposal. Staff has determined that the previous environmental determination (Adoption of Negative Declaration for Plot Plan No. 11756) still applies to this request since this application is for the parcelization of building space only. Therefore, an additional initial study was not prepared nor is an environmental determination recommended to the Planning Commission. In addition, pursuant to the requirements of Assembly Bill 3158 ( Chapter 1706 ) which authorizes the charging of certain fees for the filing of Negative Declarations which provide funding for the Department of Fish and Came, the A: PM26625 3 Planning Department Staff has included Condition No. 14 within the recommended Conditions of Approval. FINDINGS: The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the previously adopted Negative Declaration for the project. There is a reasonable probability that this project will be consistent with the General Plan bein9 prepared at this time. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the proposed project is consistent with SWAP, as well as Ordinances Nos. 3~48 and z460. The proposed use complies with State Planning and Zoning Law. The project conforms to the current zoning for the site and to Ordinance ~60, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access. and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. All lots have acceptable access to existin9 and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic· The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with A: PM26625 ~ 10. 11. easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission: ADOPT Resolution 91- approving Tentative Parcel Map No. 26625 and reaffirm the Negative Declaration adopted in conjunction with the approval of Plot Plan No. 11756 based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. SW: ks Attachments: 2. 3. Resolution Conditions of Approval Exhibits Vicinity map Tentative Parcel Map Fee Checklist A: PM26625 5 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 26625 TO SUBDIVIDE A lO.z, ACRE PARCEL INTO PARCELS AT THE NORTHEASTERLY CORNER OF BUSINESS PARK DRIVE AND RANCHO WAY AND KNOWN AS ASSESSOR'S PARCEL NOS. 921-020-062 AND 063. WHEREAS, Hawthorne Development filed Parcel Map No. 26625 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on May 6, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A: PM26625 6 b) There is little or no probability of substantial detriment to or interference with the future adopted 9eneral plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, includin9 the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan 9uidelines while the City is proceedincj in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceedin9 in a timely fashion with a preparation of the 9eneral plan. (2) The Plannin9 Commission finds, in approvin9 projects and takin9 other actions, includin9 the issuance of buildin9 permits, pursuant to this title, each of the followin9: a) There is reasonable probability that Parcel Map No. 26625 proposed will be consistent with the 9eneral plan proposal bein9 considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted 9eneral plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. u,60, no subdivision may be approved unless the followin9 findings are made: A: PM26625 7 a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. dl That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed Parcel Map will not have a significant negative impact on the environment, as determined in the previously adopted Negative Declaration for the project. A: PM26625 8 b) c) d) e) f) g) h) i) j) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the proposed project is consistent with SWAP, as well as Ordinances Nos. 3L18 and 460. The proposed use complies with State Planning and Zonin9 Law. The project conforms to the current zoning for the site and to Ordinance 460, Schedule E. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to, and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and general welfare. A: PM26625 9 k) That said findings are supported by minutes. maps. exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, proposed is compatible with the health, safety and community. the Parcel Map welfare of the SECTION 2. Environmental Compliance. That the City of Temecula Planning Commission hereby determines that the previous environmental determination ( Adoption of Negative Declaration for Plot Plan No. 11756) still applies to said parcel. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 11756 for the subdivision of a 10.z~ acre parcel into 13 parcels located at the northeasterly corner of Business Park Drive and Rancho Way and known as Assessor's Parcel Nos. 921-020-062 and 063 subject to the following conditions: A. Exhibit A, attached hereto. SECTION PASSED, APPROVED AND ADOPTED this 6th day of May, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 6th day of May, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: PM26625 10 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: 26625 Project Description: To create 13 parcels on the site of an approved commercial industrial plot plan. Assessoras Parcel No.: 921-020-062 and 063 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~60, Schedule , unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request. if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance L~60. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated April 18, 1991, a copy of which is attached. 5. Lots created by this subdivision shall comply with the following: ae Lots created by this subdivision shall be in conformance with the development standards of the Manufacturing-Service Commercial zone. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. A: PM26625 11 10. 11. 12. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy as outlined in the Southwest Area Plan. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit plantin9, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Buildin9 and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer. or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Parcel Map No. 22625, which action is brought within the time period provided for in California Government Code Section 66L~99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action. or proceeding or fails to cooperate fully in the defense, the subdivider shall not. thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. All utilities, except electrical lines rated 33kv or greater, shall be installed underground, with easements provided as required. No lot or unit in the development shall be sold unless a corporation. association, property owner~s group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCF, R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. A: PM26625 12 13. Every owner of a dwellin9 unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2} as share in the corporation, or votin9 membership in an association, owning the common areas and facilities. Within forty-eight (/48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars {$1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711./4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 1/4 Cal. Code of Regulations 15075. If within such forty-eight (~8) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project 9ranted herein shall be void by reason of failure of condition, Fish and Came Code Section 711 Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. 15. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 16. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. q60. 17. This project shall be subject to fulfillment of the approved amended conditions of underlying Plot Plan No. 11756. PRIOR TO RECORDATION OF THE FINAL MAP: 18. As deemed necessary by the City Engineer or his representative, The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; A:PM26625 13 19. 20. Engineering Department; Riverside County Health Department; CATV Franchise; Parks and Recreation Department. An easement for joint use driveways and parking shall be provided prior to approval of the Final Map. Said easement shall also provide for public Utilities and emergency vehicle access. A declaration of Covenants, Conditions and Restrictions (CCSR's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CCSR's shall be signed and acknowledged by all parties having any record title interest in the property to be developed. shall make the City a party thereto, and shall be enforceable by the City. The CCSR's shall be reviewed and approved by the City and recorded. The CCSR's shall be subject to the following conditions: a. The CCBR's shall be prepared at the developer's sole cost and expense. The CC8;R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. C® The CCSR's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineerin9 Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CCF, R's shall provide for the effective establishment, operation. management, use, repair and maintenance of all common areas and facilities. The CCSR's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CCSR's shall provide that if the property is not maintained in the condition required by the CCBR's, then the City, after makin9 due demand and giving reasonable notice, may enter the property and perform, at the owner~s sole expense, any maintenance required thereon by the CCF, R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. i. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. A:PM26625 ii. All parkways, open areas, and landscaping shall be permanently maintained by property owner's association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. III. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parkin9 areas shall be provided by CCF, R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of buildin9 permit where no map is involved. 21. A Notice of Intention to form and/or join the Landscape and Lightin9 District shall be filed with the City Council. The engineering costs involved in District information shall be borne by the developer. 22. The street design and improvement concept of this project shall be coordinated with adjoining developments, per the conditions of approval of underlying Plot Plan No. 11756, as amended by City Council on August 14, 1990. 23. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot. as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. If such impact fee has been paid by underlying Plot Plan No. 11756, no additional fee will be required. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 25. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 26. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to A:PM26625 15 Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. A: PM26625 16 / ,/ // I / / // CITY OF TEMECULA SITE VICINITY MAP CASE NO. P.C. DATE COUNTTY OF RIVERSIDE DEPAR MENT OF HEALTH 4065 COUNTY CIRCLw OR. RIVERSlOE. CA. 92503 (MIniSfig Address - P.O. Box 7600 925t3-76C}C; ATTN: Scott Wright: PIE: PARCEL MAP NO. 26625: BEING A DIVISION OF PARCELS 5 AND 6, LOT "C" (l'barrXer strip) AND PORTIONS OF LOTS "A" (Business Park Drive) AND "B" (Rancho Way) OF PARCEL MAP 19580 AS SHOWN BY MAP ON FILE IN BOOK 154 OF PARCEL MAPS AT PAGES 92-96 THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA IN THE TEMECULA RANCHO. The ['eoa.'tment of Fr.rDi~c He.~Ith has re'/'~ewed ='acce. M.a? 1~:,,525. .~n.j rec.Dmmend.3: A :¢~:er ~'~'~tem ~hall be lnsr. a!led ac,:crdln.~ to ~oe.r~[l.r.~t~on~ as aporoved bv the water c3m~anv .zr.G H~-e.. th Deuac:men~. ~'ermAnent ~rln~.~ of the D[an~ w.~,t-?j 3-;~tem sha[] be submitted ~n tr~o[l,za~e. w~th m~-L~:dum ~.:aic. not Less than Gne ~nch ecual~ ~'b'3 v~n the oc~,3~nai ,~raw~nc to the County Survev~.r. ~hsll .~nov the ~ntern~! PlOe d~ameter. [oc~t~on and f~re hydrants; D~=e and ~o;nt smec'F~cat;ons ..... ~:ze c,f the ma~n ~t the .3unction of the nev system e:.::~:no system. The =lan~ shall comply ~n ~[i w:-r. ~:Iv. ~. Fa~t I. Ch.tpter 7 of the Ca[lfornla · ~:%.ferY CGde. CaltfGrnl.~ Admlnlstratlve Code. Tlt~e Ch~oter [6. and Genecal Order NO. 103 of the Ut~[ltle~ C,3mml~len of the :~tate .3f C~ilfocnla. ~Dollcab[e. The Dl~n~ ~i~ be 3i,~ned by ~1 engineer and watec c3mpanv w~h the certlf~c.~tlen: "f cert:fv that the de~n cf ~he , ,-, .., , ~ .... ~ .., , 1 '~ I n .~ .: C o r ~ art · .-;{,-.+:' ]v~m e:<Dan~1or; o[ln~ of the ~.ln,rho _.:: -..- ;~: ' ~nd that the ,,~ar. e7 ser'~;,:q~, 3r. or~;:e. ~.': tv of .'emecu:a , ..~ k? ,--~:r..'.f%c.~.:.'-,?n .;h,~.l :,e =~l.;.-,ed b-z lea~'. tw,? .~'eek: pr~,:r to, the re,-t'...:.e~.'. fC.L: ..:..,~e...re,:crJ~r ::..: :f -~.- .,. . · rhz~ ~ubdtv~:,Dn has a ~tatement from Ranc~:o C~l~f,:rn~a W~t~e~ D~t~,zt a~ree~nq to ~erve domestic wa~.er t:~ each and ~v~rv [o~ ~n the 7ubd~vL.~cn on demand 5at. 1.~fact.~rv ~ !nanc:3. l arran,::ement~ ~r~ .:omDieted ~e ~r.zDd~v~der. It ~il be nece~a:,; fc.r flnan,zz.51 ~rr~n,n~ment.~ t.~ b~ made or~,D~ :Q the recrr~at:.~n ~ne f lnc, [ mao. Th~,~ .=ubd~v~.~ir.n ~=. w~.th~n t,~,e _~a~tern Mun:c:oal C~7.~t:~c: .~n~ ~P, all ;:.e connecte,~ t,~ the ~ewer~ ,::f [,~trlit The ~e~.~er -~'~.em ~nail be ~n:t~iled ~:c~r~n.~ -.: . .-~a . jo,.:ntv 'SLzrvev:r and the HeaLth E~eDartm~nt. Fermamer~t .Dr the Dlen~ ,~f the ~ewer .~vst,m s~ali be sL~bmltte.~ :~LOL~Cate. ale, no '4~th the or~g%nal dr~wxno, t.D the :Burvevc, r. The mr~nt~ ~hall ~how the ~nternaL m~e iDcat~,Dn cf man~Aole~, complete ~r.zflle~, O~Oe .~n~, ~oec%f%cat%on~ an,~ the ~ze cf the ]ewer~ .~t the ~unct~.zn the new ~v~tem to the e:<x~t~n,u ~v~tem, A ~n~le Dlat %n~car. lng locat~on of ~ewer i~nes and w~.er l~nes ~.~Ii ~ o.zrtton of ~he ~ewa~e plan~ .~nd orof%les. The ~!an] be ;t~ned by ~ regl~tere~ enf~.tneeF and the ~ewer ~t~, t~e f~llowln~ cert~flcat~on~ "l certify t~.~t ~es~c:n of the ~ewer ~v~tem '~n P'arcei Ma: 2~e~= accordance w~th the sever ~v~tem ez,:Dan~cn DI~n~ :~f Eastern Mun%.:xDal Wate~ D~;tr~c% ~nd that t~e w~te ~v~tem ~ ade,=uate at thL~ t%me tc treat the antx.z~mate~ 'w~.~te~ frgm the DCODO~e,~ DAnCe [ ~aD. CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Parcel Map No. 22625 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Qu imby ) Public Facility ( Traffic' Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval N/A N/A Condition No. 26 Condition No. 23 N/A N/A N/A A: PM26625 17 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 26625 DATE August 15, 1991 FAITHFUL PERFORMANCE SECURITY IMPROVEMENTS Streets and Drainage $ N/A Water $ N/A Sewer $ $ TOTAL $ N/A *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD # Road and Bridge Benefit Fee Other Developer Fees Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY $ N/A $ N/A $ N/A $ N/A N/A PAID PAID N/A N/A $ 1.010.00 $ 0 $ 435.60 $ 1.445.60 $ O IANDEFKi,t~fAFFRFI~25.FPM 3 ITEM NO. 9 ORDINANCE NO. 91-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING ORDINANCE NO. 348.2922 OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 9, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR-PLEX UNITS IN PLANNING AREA NO. 37 OF SPECIFIC PLAN NO. 199. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the city and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in Change of Zone No. 9 and in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking effect. This ordinance shall take effect 30 days after the date of its adoption. PASSED, APPROVED AND ADOPTEn this day of ,1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 5lords91-28 - 1 - STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance 91-28 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of August, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1991, by the following roll call vote: AYES: C OUNCILMEMBERS: NOES: C OUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 5/ords91-28 -2- ITEM NO. 10 ORDINANCE NO. 91-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TE1VIECULA, CALIFORNIA, AMENDING INTERIM ZONING ORDINANCE NO. 91-17 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS. WHEREAS, On December 1, 1989, the City of Temecula was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Temecula adopted its Ordinance No. 89-01, thereby adopting, by reference, for 120 days the Riverside County Code, which contains the Land Use Regulations of the County of Riverside, and which Regulations are currently applicable to the establishment of all uses and development applications (including allowance of signage) within the City of Temecula. WHEREAS, Pursuant to Ordinance No. 90-04, the City readopted Ordinance No. 348 of the County of Riverside as the Land Use Regulations for the City of Temecula; WHEREAS, As part of its review of new and potential development within the City of Temecula, the City Council examined the Southwest Area Community Plan (SWAP) portion of Riverside County General Plan as it has pertained to development in the City of Temecula. Such examinations revealed that said SWAP may not provide an appropriate development scheme for the City of Temecula, and consequently, the City Council adopted SWAP as planning guidelines until the City could adopt its own General Plan. All action on development applications since incorporation, as to required consistency with the adopted General Plan, has taken place pursuant to the terms and provisions of California Government Code Section 65360. WHEREAS, In recognition of the need for effective long range planning criteria, the City Council commenced within the time limits prescribed for adoption of a General Plan, the study and formulation of a General Plan for the City of Temecula. A material part of said General Plan Study will be the review and development of effective criteria to regulate all forms of signage within the City of Temecula. WHEREAS, Ordinance No. 348 of the Riverside County Code (hereinafter referred to as the "Land Use Code") curren~y provides for the approval and establishment of "Outdoor Use Advertising Displays" within the City of Temecula. The Land Use Code defines an "Outdoor Advertising Display" as "the advertising structure and signs used for outdoor advertising purposes, not including on-site advertising as hereinafter defined" WHEREAS, In the near future there could be certain applications for such Outdoor Advertising Displays, the approval of which would not conform to the contemplated General Plan scheme of development in the City of Temecula and would contradict the specific purposes for the adoption of a unified General Plan. Moreover, pending completion of the General Plan, 5/Ords91-29 ~1- it is foreseeable that further outdoor advertising display proposals will be submitted for property within the City which would contradict the ultimate goals and policies of the proposed General Plan; WHEREAS, This Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessary to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the General Plan; and WHEREAS, Pursuant to ordinance No. 90-08, the City Council of the City of Temecula enacted an interim zoning ordinance, which expired on June 8, 1990, pursuant to California Government Code Section 65858; WHEREAS, Pursuant to Ordinance No. 90-09, the City Council of the City of Temecula extended Interim Zoning Ordinance No. 90-08, which expires on April 24, 1991 pursuant to California Government Code Section 65858; and WHEREAS, Pursuant to Ordinance No 91-17 the City Council of the City of Temecula extended Ordinance No. 90-09 pursuant to Government Code section 65858 which expires April 23, 1992; WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred; NOW, THEREFORE, the City Council of the City of Temecula does hereby ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth above are true and correct. SECTION 2. The City Council further finds as follows: (a) The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Temecula and will ultimately upgrade the economic, social, and cultural welfare of persons and properties within the City of Temecula. A material portion of the General Plan Study will be the formulation and establishment of regulations for signage, including primary signs, in the City of Temecula. Co) There is the potential for certain applications for the establishment of Outdoor Advertising Displays, the approval of which would contradict the ultimate goals and 5/Ords91-29 -2- objectives of the General Plan. Moreover, pending completion of the General Plan it is foreseeable that further such applications will be received which may funher contradict such goals and objectives of the General Plan; and, (c) Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising Displays, would result in immediate threat to the public health, safety or welfare of persons and properties within the City of Temecula. SECTION 3. The following interim zoning regulations are hereby adopted. (a) Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan, or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon, or approved. application for: (b) The provisions of subparagraph 3 (a), shall not apply to any Section 19.5) (0 Onsite Advertising Structures and Signs (Ordinance 348, (ii) Subdivision signs (Ordinance 348, Section 19.6) (c) Other than expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. SECTION 4. Not withstanding the provisions of this Ordinance, should any party believe that they would suffer a hardship if not permitted to build an outdoor advertising display, they may apply to the Planning Director for an exemption to this Ordinance. Such an application shall be reviewed by the Planning Commission for a recommendation to the City Council. Such exemption may be granted by the City Council only after due notice and public heating thereon. SECTION 5. This Ordinance is enacted under the authority of the California Government Code Section 65858 (b) and shall be of no funher force and effect one (1) year from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858 (b). SECTION 6. The City Clerk shall certify to the adoption of this Ordinance an shall cause the same to be posed in three (3) public places. 5/Ords91-29 -3- PASSED, APPROVED AND ADOPTEn this __ day of ,1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance 91-29 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of August, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1991, by the following roll call vote: AYES: C O UNC ILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 5/Ords91-29 -4-- ITEM NO. 11 ORDINANCE NO. 91-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A BUSINESS REGISTRATION PROGRAM. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA DOES ORDAIN AS FOLLOWS: Chapters: 1. Business Certificates and Uniform Licensing Procedures 2. Business Certificate-Fees Chapter 1 BUSINESS CERTIFICATES AND UNIFORM REGISTRATION PROCEDURES. Sections: 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 Purpose Definitions Certificate-Required Certificate-Required for branch offices and businesses doing business in same location Businesses or organizations exempt Exemption to fees Certificate-Application-Contents Certificate-Issuance Certificate-Term Certificate-Nontransferable or Nonrefundable Certificate-Duplicate Certificate-Denial Certificate-Appeal of Denial Investigation and inspection procedure Unlawful operation or nuisance Certificate does not permit business otherwise Other agency review Constitutional apportionment Posting and keeping certificates Enforcement authority Right to revoke Grounds for denial or revocation Penalties for failure to apply for certificate or not having current certificate Effect of regulation on existing businesses Violation-Penalty 3/Orda 91-33 -1- SECTION 1. Chapters 1 and 2 relating to the Business Registration Program are hereby adopted to read as follows: 1.01 Purpose. A. The Ordinance codi~ed in this document is enacted for the purpose of providing a registry of businesses in the incorporated area. B. This Ordinance is also intended to protect the interests of legitimate businesses in the City from unfair competition with businesses operating in violation of federal, state and local laws. C. This Ordinance is not intended to impose any form of taxation on the business community nor to collect in fees more money than is necessary to recover the administrative costs of processing an application for the issuance or renewal of a business certificate. 1.02 Definitions. For the purposes of this Ordinance, the following words and phrases shall have the following meanings: A. "Business" means professions, trades and occupations and all and 'every kind of calling whether or not carded on for a profit. B. "Civic groups, service clubs and social organizations" means a group, club or organization that is not engaged in any profession, trade, calling or occupation but is organized to provide civic, service or social activities in the City. C. "Occasional" means less than once each quarter of a year. D. "Person" means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnership of every kind, clubs, business trust or common law trusts, societies, and individuals transacting and carrying on any business in the City. E. "Profession" means the practice of doctors, dentists, attorneys, accountants, real estate agents, beauticians, barbers or any other occupation or calling requiring a specialized knowledge and a certificate to practice. F. "Peddler" shall include any person, whether principal or agent, whether a resident of the City or not, who goes from house to house or to only one house, or upon any street, sidewalk, alley, or in any park or public place in the City, conveying goods, wares, merchandise, magazines, periodicals or other publications, regularly published newspapers excepted, or any coupon certificate, ticket or card which is redeemable in goods, wares, merchandise, or services, or offering the same for sale, or making sales and delivering articles to purchasers. It shall not include vendors of milk, bakery products, produce, groceries, ice cream or ice and water who distribute their products to regular customers on established routes. G. "Sale" means the transfer, in any manner or by any means whatsoever, of title to 3lOrds 91-33 -2- property for consideration; the serving, supplying, or furnishing for consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains title as security for the payment of the price shall likewise be deemed a sale. The foregoing definition shall not be deemed to exclude any transaction which is, or which in effect, results in a sale within the contemplation of law. H. "Solicitor" shall include any person, whether principal or agent, whether a resident of the City or not, who goes from house to house or only one house, or upon any street, sidewalk, alley, or in any park or public place in the City, soliciting or taking orders for sales of goods, wares, merchandise, magazines, periodicals or other publications, regularly published newspapers excepted, or personal property of any nature whatsoever, or any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise, or services, for future delivery, or for service to be performed in the future, whether or not such individual has, carries, or exposes for sale, a sample of the subject of such order, or whether he is collecting advance payments on such orders, or who solicits, takes, or attempts to take public opinion polls, consumer surveys, or by such contracts attempts to secure similar information. Such definition shall include any person who uses any building, motor vehicle or other place within the City for the primary purpose of exhibiting samples and taking orders for future delivery, or one who, as an invitee of a purchaser or prospective purchaser, or otherwise, solicits a sale, or exhibits any sample, or gives a demonstration, or makes a delivery within this City after a purchaser or prospective purchaser has been solicited or contacted by telephone, correspondence, or other method of communication from within the City. Such definition shall also include the term CANVASSER. I. "Transient Merchant" shall include any person, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares, and merchandise, within said City, and who, in furtherance of such purpose, leases, uses, or occupies any building, motor vehicle, public room in a hotel or shop or other place within this City for the exhibition and sale of such goods, wares, and merchandise, either privately or at public auction, provided that such definition shall not be construed to include any person, firm, or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this Ordinance merely by reason of associating temporarily with any local dealer, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, merchant or auctioneer. 1.03 Certificates--Required. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation within the City unless such person first procures a certificate from the City to do so, and complies with any and all applicable provisions of this Ordinance. 1.04 Certificates--Required for branch offices and businesses doing business in same location. A separate certificate must be obtained for each branch establishment or location of the 3lOrds 91-33 -3- business transacted and carried on and for each separate business carried on at the same location. Each certificate shall authorize the holder to transact and carry on only the business certified at a given location. Any changes in the type or character of the business will require the certificate holder to submit an application for a new certificate. 1.05 Businesses or organizations exempt. A. This Ordinance shall not require that churches, civic groups, service clubs or social organizations, including churches that do not operate at a fixed location, casual workers such as baby sitters, tutors, piano teachers or the like be required to obtain a certificate. Nothing in this document shall be deemed or construed to apply to any person transacting and carrying on any business exempt, by virtue of the Constitution or applicable Statutes of the United States or of the State, from the payment of fees to municipal corporation. Nor will a certificate be required of any such business. 1.06 Exemption to fees. A. Charitable Organizations. Charitable organizations meeting any of the conditions listed below shall be exempt from the payment of the certificate fee but are still required to obtain a business registration certificate. The payment of the certificate fee will not be required: 1. To conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or occupation; or 2. For the occasional conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the City, whenever the receipts of any such event are to be appropriated to any church or school or to any religious or benevolent purpose by a tax exempt nonprofit organization; or 3. For the conducting of any occasional entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, education, federal, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose in which the organization or association, was formed, and from which a profit is not derived, either directly or indirectly by an individual, firm or corporation. However, nothing in this Section shall be deemed to exempt any person association, or organization, institution, firm or corporation from complying with the provisions of this regulation or any Ordinance of the City requiring that a certificate, certificate or permit be obtained to conduct, manage or carry on any profession, trade, calling or occupation. B. Claim for Exemption. Any person claiming a exemption pursuant to this Section shall file a verified statement, from The Franchise Tax Board stating the facts upon which the exemption is claimed. 3lOrds 91-33 -4- C. Certificate. The City shall, upon a proper showing contained in the verified statement, issue a certificate to such person claiming a fee exemption without requiring the payment of a fee. 1.07 Certificate--Application--Contents. A. Every person, association, organization, institution, firm or corporation required to have a ordinance under the provisions of this document shall make application to the City on a form provided by the City. Completed applications and fees shall be mailed to the Business License Services Office and the minimal information required on the application form shall include, but not be limited to the following: 1. The name of the person to whom the certificate is to be issued; 2. The name of the business; 3. The specific type of business to be conducted; 4. The mailing address of the business; 5. The place where the business is to be transacted and carried on; 6. The name, telephone number and address of the person to notify in the event of an emergency; 7. Whether hazardous materials or chemicals will be stored at the business location to the extent permitted within the Hazardous Materials Ordinance; and 8. The State Board of Equalization Resale Certificate number if a resale certificate is required by the State Board of Equalization and reporting district number. 9. Complete the recycling and solid waste diversion forms attached to the business registration application as described in Section 1.14A2. 10. Evidence that any and all state, federal or county permits or certificates required to conduct the applicable business or profession has been lawfully acquired no application shall be deemed final until adequate evidence of such permits or certificate has been shown. Applicants shall provide certificate numbers as evidence. B. Subject to the Public Records Act requirements, the information requested by Subdivisions 6, 8 and 9 of Subsection A of this Section shall be considered confidential and will not be made available to the public. 1.08 Certificate--Issuance. A. A certificate will not be issued until an application for a certificate has been completed and filed with the City, all certificate fees are paid, and all City officers or departments required to investigate the application have approved such issuance. However, the City shall make every attempt practicable to complete any review or investigation within ten working days of receipt of the application. If a certificate is not issued within ten 3/Ord,. 91-33 -5- working days of the receipt of the application, the applicant shall be informed to the reason or reasons why the certificate has not yet been issued or will not be issued. B. The issuance of a certificate shall not be deemed as evidence that a person, association, organization, institution, firm or corporation operating a business in the City is in fact in compliance with all Ordinance rules or regulations of the City or that the person has applied for or have been issued all permits or certificates which otherwise may be required. 1.09 Certificate--Term, A. Certificates for New Businesses. Certificates for new businesses, whether new to the City or resulting from a change of ownership, location or type of business, shall be issued for a maximum term of twelve months or until a renewal of the certificate is required in accordance with Section B of this Section. B. Renewal of Existing Certificate. All certificates which are renewed shall be valid for a twelve month term unless otherwise revoked. Certificates shall be required to be renewed. When the certificate is scheduled for renewal less than sixty days after its date of issuance, the renewal fee shall be waived and any further review or investigation may be waived, if there has been no major change in the operation of the business and the application has been completed and filed with the City on a timely basis. Certificate renewal date will be February 1st. 1.10 Certi~cate--Nontransferable or nonrefundable. No certificate issued pursuant to this ordinance shall be transferable or refundable. 1.11 Certificate--Duplicate. A duplicate certificate may be issued by the City to replace any certificate previously issued under this regulation which has been lost or destroyed, upon the certificate holder filing an affidavit attesting to such fact, and at the time of filing such affidavit, paying a duplicate certificate fee equal to the fee established for a certificate renewal. 1.12 Certificate--Denial. Any person denied a certificate shall be fully advised, in writing, of the grounds for such denial. 1.13 Certificate--Appeal of Denial. A. Any person aggrieved by the decision of an administrative officer or agency with respect to the issuance or refusal to issue a certificate, may appeal that decision to the City Manager within thirty calendar days from the date of denial or the date of certificate issuance. The appeal must be in writing and filed with the City Clerk. Following the filing of an appeal, the City Manager or designee must notify the appellant of a time and place for a hearing to review the appeal. Following the hearing the City Manager must notify the appellant of the decision in writing. 3lOrds 91-33 B. If the person is not satisfied with the decision of the City Manager, the person may appeal to the City Council within thirty calendar days after receipt of the notice of the City Manager's decision by filing a written appeal with the City Clerk. The City Clerk shall establish a time and place for hearing the appeal within thirty calendar days of the filing of the appeal and provide the appellant with sufficient notice by serving the appellant personally or by sending the notice by registered mail addressed to the appellant at the appellant's last known address. The determination of the City Council shall be final. 1.14 Investigation and inspection procedure. All applications for a certificate shall be reviewed or investigated and certified in accordance with the following guidelines: A. Applications for New Certificates. Each application for a new certificate shall be investigated for certification as noted below. The City shall make every attempt practicable to complete all required investigations within ten working days of the receipt of an application. 1. The Department of Planning Services shall review and certify that: a. The business and its location comply with the zoning ordinance of the City; b. The business and its location is a lawful use under the laws of the State and c. All buildings of the business have been issued certificates of occupancy. 2. Every business that is a first time or renewal applicant for a Business Certificate will be required to complete appropriate waste management forms. The information from these forms will assist the City to address waste diversion issues in order to comply with AB 939 reporting requirements and to encourage the implementation of systems designed to divert waste from our landfills. a. Except for the City of Temecula permitted waste management haulers, every business which engages in the business of accepting raw recyclable materials, or buying and processing for further use or sale any raw recycled product, shall keep adequate records to define the jurisdiction or origin, material type, and weight of every recycled product it receives. An aggregate report of the prior calendar year (January through December) activity shall be submitted with the new or renewal business application as Exhibit A to the application. The City's Program Manager for Waste Management will, upon receipt and determination of adequacy, notify Business License Services that the applicant has complied with this requirement and is cleared to be issued a Business Certificate. If accurate records are unavailable, the first report may be estimated. Beginning the year following the issuance of the applicant's first Business Certificate, the business shall submit aggregate reports on a biannual basis (i.e. periods ending in June and December) with the December 3/Orals 91-33 -7- report including the information for the entire calendar year and submitted with the annual Business Certificate renewal application. The June report may be submitted directly to the Program Manager for Waste Management. b. Every business operating in the City shall keep adequate records of all waste materials that were separated and removed for recycling defining the type, weight, and disposal point of each such product. Products disposed of using a permitted hauler do not need to be reported. An aggregate report of the prior calendar year (January through December) activity, which also includes a survey of source reduction methods, shall be submitted with every new or renewal business application, attached to application as Exhibit B. The City's Program Manager for Waste Management will, upon receipt and determination of adequacy, notify Business License Services that the application has complied with this requirement and is cleared to be issued a Business Certificate. If accurate records are unavailable, the first report may be estimated. B. Applications for Renewal of an Existing Certificate. Each application for renewal of a certificate shall be processed as follows: Business Licensing Services of the City shall receive the application and review it to determine if any changes exist which may require the review of any other department, agency or official. If a review is deemed necessary, the application shall be forwarded to the appropriate department, agency and/or officials for further review. 1.15 Unlawful operation or nuisance. The granting of a certificate under this Ordinance shall not be deemed in any sense whatsoever a permit or certificate to conduct the business referred to therein, in any unlawful manner, or in any manner so as to constitute the same a nuisance. 1.16 Certificate does not permit business otherwise prohibited. Persons required to pay a certificate fee for transacting and carrying on any business under this Chapter shall not be relieved from the payment of any fees for the privilege of carrying on any similar or related activity required under any other Ordinance of the City and shall remain subject to the regulatory provisions of other Ordinances and laws. 1.17 Other agency review. The Business Certificate Officer may refer to any governmental agency any statement and all other information submitted by persons subject to the provisions of this Chapter in connection with the conduct of a business regulated or supervised or otherwise the concern of any such agency, including agencies concerned with health regulations, zoning conformance, fire safety, police considerations, or any other safeguard of the public interest. Failure to comply with conditions required by other agency review shall result in revocation of the certificate once granted. 1.18 Constitutional apportionment. A. None of the fees authorized by this Ordinance shall be so applied as to occasion an undue burden upon interstate commerce. 3/Ords 91-33 -8- B. In any case where a fee authorized by this Ordinance and imposed by City Council resolution is believed by a certificate holder or applicant for a certificate, to place an undue burden upon interstate commerce, the applicant may apply to the City Council for an adjustment of the fee. Such application may be made before, at, or within six months after payment of the prescribed fee. The Decision of the City Council shall be final. 1.19 Posting and keeping. All certificates must be kept and posted in the following manner: A. Any certificate holder transacting or carrying on business at a fixed place of business in the City shall keep the certificate posted in a conspicuous place upon the premises where such business is carded on or must have the certificate immediately available for inspection upon request. B. Any certificate holder transacting or carrying on business but not operating at a fixed place of business shall keep the certificate immediately available at all times while transacting and carrying on business within the City. In all instances in which a certificate is required under this Ordinance for the use of any vehicle, equipment or device, the certificate shall be attached to the vehicle, equipment or device. 1.20 Enforcement authority. The City's police agency and all assigned Code Enforcement Officers have and exercise the power and duty to make arrests for violations of this ordinance. The Enforcement Authority may, enter free of charge, for inspection of certificates, at any time during regular business hours, at any place of business for which a certificate is required, and to demand the exhibition of such certificate for the current term by any person engaged or employed in the transaction of the business. If such person shall then fail to exhibit the required certificate, such person shall then be liable to the penalty provided for in this Ordinance. 1.21 Right to revoke. A. Every certificate granted under this ordinance is granted and accepted by all parties with the express understanding that the City Council may revoke the certificate if it is in the best interest of the health, welfare or safety of the public to do so and grounds for such revocation exist as noted in Section 1.22. B. Before a certificate may be revoked, the City Council must hold a public heating, with the notice of the time and place of the public heating and the reason or reasons for the heating, given to the certificate holder. 1.22 Grounds for denial or revocation. A certificate required by this ordinance may be denied or revoked pursuant to this regulation only upon one or more of the following grounds: A. Proper application as prescribed in this Ordinance has not been made or information submitted has been fatsifted; or 3/Ords 91-33 -9- law. B. The prescribed fee for such certificate has not been paid; or C. Delinquent certificate fees have not been paid; or D. The conduct of the business is contrary to local, state or federal 1.23 Penalties for failure to apply for certificate or not having current certificate. Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to expiration of the certificate shall pay the applicable fee, plus a penalty fee not to exceed twice the normal registration fee. 1.24 Effect of Ordinance on existing businesses. Each business that was operating from a permanent location, on the date of the Ordinance will be required to obtain a certificate within 90 days of the effective date of this Ordinance, but will not be required to comply with the regulartory portions of this Ordinance until February 1, 1993. 1.25 Violation--Penalty. If a person fails to file for a certificate as provided in this ordinance within thirty calendar days after being informed to do so, or fails to pay the applicable fee, or violates any of the other provisions of this ordinance, or knowingly or intentionally misrepresents any material facts to any officer or employee of the City in procuring the certificate provided in this ordinance, or continues to operate a business after the business registration certificate has been revoked, the person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by confinement in jail not to exceed six months or by both such fine and confinement. Sections: Chapter 2 BUSINESS Certificate - FEES 2.01 2.02 '2.03 2.04 2.05 2.06 2.07 General classification categories Skilled and professional categories Contractors categories Brokers categories Rentals categories Vending machines categories Miscellaneous categories Certificate--Fee. At the time of application for a business certificate, the City shall require the applicant to pay a fee for the processing of said certificate. No portion of this fee shall include the cost of any inspections, investigations or other functions required prior to 3lOrds 91-33 -lO- the original enactment of the Ordinance. All monies collected under this ordinance will be deposited in the general fund of the City. No greater or less amount of money shall be charged or received for any certificate than is provided by in this ordinance, and no certificate shall be sold or issued for any period of time other than what is provided in this ordinance. Rebates will not be given for any unused portion of the certificated term. 1. New Certificate Application Fee. A person applying for a certificate for a new business, whether the business is new to the City, or an existing business which has changed location, ownership, or type of business, shall be required to pay a fee which is intended to recover the cost of processing the application. 2. Renewal of Certificate. A person who is applying for the renewal of an existing certificate, and the business has not changed in ownership, location or type of business, shall be required to pay a fee which is intended to recover the cost of processing the application. 3. Fee Exemption. There will be a fee exemption for branch offices operating from a Primary Business located within the City. However, branch offices operating from a primary business which is located outside of the City will be required to pay the Certificate fee for the first branch office, all others will be exempted. 2.01 General classification categories. The general classification includes any category, not specifically described by another classification, and includes, by way of example, the following: certificate fee 1. Bootblack or shoe shining parlor or stand; 2. Cigars and tobacco stands or shops; 3. Messenger or fax service; 4. Popcorn and nut store or shop; 5. Awning and tent store; 6. Bath and bathhouse; 7. Books and stationery store; 8. Carpentry shop, where woodworking or repairing is done; 9. Delicatessen; 10. Electrical fixtures and supplies; where contracting also is done, a separate for such contracting shall also be paid; 11. Employment agency or bureau; 12. Escrow business; 13. Florist shop or store; 14. Gift, art or curio shop or store; 15. Harness, saddlery or tack shop; 16. Hat shop or store; 17. Hat blocking and cleaning; 3lOrds 91-33 -I 1- 18. Hemstitching and pleating; 19. Jewelry store or shop, including jewelry, watch or clock repair; 20. Luggage shop, including trunks and other equipment; 21. Millinery store 22. Nursery or gardening, selling nursery stock or conducting a gardening business; where contracting also is done, a separate certificate fee for such contracting shall also be paid; 23. Paint and oil dealer; 24. Planing or molding mill; 25. Seed store; 26. Stable; 27. Tailor shop; 28. Upholstery; 29. Warehouse, including moving and storage; 30. Cobbler; 31. Advertising, posting, affixing, stenciling or painting advertising bills or signs upon any post, fence, billboard, advertising signboard, building or other structure, as well as operating or maintaining any billboard, signboard, advertising structure, or sign device; distributing posters; circulares, handbills, brochures or other printed advertising 'matter; solicitation of advertising for any publication, poster, circular, handbill, brochures or other printed matter; the advertisement of a business certificated under any other classification shall not require an additional certificate fee if such advertising pertains to the particular business certificated; 32. Air conditioning and refrigeration sales and service; when contracting also is done, a separate certificate for such contracting shall also be paid; 33. Aircraft sales, maintenance, repair, storage or rental; aircraft accessories; flying instructions or carrying passengers for hire in aircraft; 34. Blacksmith shop or forge and horse shoeing; 35. Blueprint or map making; 36. Candy store, where candy is manufactured and/or sold; 37. Clothing and furnishings; 38. Dry goods store; 39. Heating sales and service; where contracting also is done, a separate certificate fee for such contracting shall also be paid; 40. Household appliances and furnishings; 41. Ice cream or ice milk dealer or manufacturer; 42. Job printing office or plant; 43. Machine shop for manufacture of machines, machinery or parts; 44. Neon signs; manufacturing, selling, dealing or servicing of neon or other tubular electrical signs; when contracting also is done, a separate certificate fee for such contracting shall also be paid; 45. Plumbing fixtures and supplies; when contracting also is done, a separate certificate fee for such contracting shall also be paid; 46. Radio and/or television store, where radios or televisions or parts are sold 3lOrds 91-33 -12- or serviced; 47. Sheet metal works; when construction also is done, a separate certificate fee for such contracting shall also be paid; 48. Shoe store; 49. Sporting goods shop; 50. Collection agency or credit bureau; 51. Creamery; 52. Drugstore; 53. Newspaper, magazines, and other publications; 54. Office supplies and equipment; selling or servicing office supplies, machines or equipment; 55. Dance hall (public); a place where dancing is conducted, whether for profit or not for profit and to which the public is admitted, either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. In addition to a business certificate, every public dance hall or ballroom shall be required to have a special permit issued by the City Manager; 56. Dancing school; 57. Golf driving range or archery range; 58. Riding academy or school; 59. Skating rink; 60. Swimming poll; 61. Theaters or show, including motion pictures or vaudeville theater at an established place of business wholly within a permanent building constructed for theatrical purposes; 62. Art gallery; 63. Astrologer, including every person who carries on, practices or professes to practice the business or art of astrology, palmistry, phrenology, life reading, fortune- telling, cartomancy, handwriting analysis, chirography, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, necromancy, numerology, or similar business, trade or calling, and who shall not be prohibited from doing or conducting any of these practices, professions, businesses or callings by any statute of this State, ordinance of this City or by any other law, and who demands or receives a fee or compensation for the exercise or exhibition thereof, except that the provisions of this regulation shall not apply to those persons providing bona fide and incidental entertainment and amusement for the guests and patrons of and on the premises of any business duly certificated by the City for which no separate or additional charge or consideration shall be paid by the guests or patrons or received or accepted by the person who performs or practices astrology. Additionally, a special permit from the City Manager must be obtained; 64. Auction; for the business of selling lands, tenements, hereditament, goods, wares, merchandise or real or personal property of any kind or description at auction or public outcry, except no certificate shall be required for the selling at public sale of goods or property belonging to the United States or to the State or federal court, or by the legally appointed administrator, executor or guardian of an estate. Additionally, a special permit shall be obtained from the City Manager; 3lOrds 91-33 -13- 65. Automobile and other motorized equipment sales and rentals, including automobile accessories, motorcycles, motorscooters, garages or service stations for automobiles and related vehicles,; parking lots or storage yards for automobiles and other vehicles; and taxis. The owner and operator of any taxi shall first file an application with the City's law enforcement agency, together with fingerprints and photographs, and the City's law enforcement agency shall make an investigation of said applicant and operator, and shall file a certificate with the Business Certificate Officer if said investigation shows that the record of the applicant and operator will not prejudice the public, peace, safety, morals or welfare; automobile top or upholstering shop; automobile wash rack or automobile wash place; and automobile wrecking yard; 66. Bakery or baked goods shop; 67. Bankrupt, assigned or damaged goods; for selling or offering for sale bankrupt, assigned or damaged stock of goods, wares or merchandise of whatever nature or kind. Additionally, a special permit must be obtained from the City Manager; or surfaces; 68. Barbershop; 69. Beauty shop, with or without sale of toilet articles or cosmetics. 70. Beer tavern; 71. Bicycle or motor-driven cycles, or accessories; 72. Bottled water delivery; 73. Brickyard, where brick is manufactured or from which brick is sold; 74. Building supplies; 75. Building cleaners, for cleaning rooms or furnishings; 76. Carpet and rug cleaners, for cleaning carpets or rugs or related materials 77. recreational sport 78. dairy products; 79. 80. bars; 81. 82. both; 83. Private clubs, such as tennis clubs, golf clubs, country clubs, where or other facilities are provided for members and others; Dairy, including wholesale and retail production and sale of milk and Department store; Eating places, catering services, restaurants, lunch counters; and snack Dime stores, or other retail stores operating under similar format; Furniture stores selling or dealing in new or secondhand furniture or Gasoline delivery tanks, including the business of carrying on or managing the business of buying, selling or dealing in petroleum products at wholesale; 84. Grocery stores and markets where meat, fish, poultry, egg and butter products, and household goods and related products are sold; 85. Hardware store; 86. Manufacturing of retail or wholesale products; 87. Ice; manufacturing, distributing or vending ice; 88. Investments and loan business; 89. Laundry, and other businesses for cleaning or pressing clothing and other materials; 3/Ords 91-33 -14- 90. Liquor store; 91. Locksmith, including conducting, carrying on or engaging in key or lock repair business or shop; providing that there first shall be procured from the City's law enforcement agency and filed with the Business Certificate Officer a certificate that the applicant has been investigated and it has been determined that the issuance of such prejudice the public; peace, safety, morals or welfare; Lumber business or lumberyard, either wholesale or retail; Music dealer, including the sale or rental of music and musical certificate will not 92. 93. instruments; 94. 95. 96. 97. 98. accessories; 99. Nursery school for the care of children; Packing house; Transient Merchant; Peddler; Camera shop, photography business; film processing and photography Prefabricated buildings, including the sale of such buildings; where contracting also is done, a separate certificate fee for such contracting shall also be paid; 100. Rock, sand and gravel; sales or delivery, including acceptance of orders for the sale of rock, sand or gravel which is removed from the premises by the purchaser; 101. Secondhand dealer involved in the sale or trade of secondhand goods, wares or merchandise; 102. Solicitor; 103. Telegraph company for intrastate business; 104. Towel distributor, including distribution of towels, linens or napkins to businesses, houses or offices, either by local or out-of-town operators; 105. Commercial traveler; 106. Record, tape and phonograph stores, including businesses engaged in the selling, renting or otherwise dealing in recorded music, music machines or musical equipment; 107. Woodyards, including businesses selling and/or delivering firewood. 108. Home occupancy. 2.02 Skilled and professional categories. A. The skilled and professional classification includes professional businesses and establishments offering skilled services, and in6ludes, by way of example, the following: 1. Accountants; 2. Attorneys at law; 3. Engineers or surveyors; 4. Laboratories, chemical or other type; 5. Veterinarians; 6. Architects or designers, engaged in the business of preparing plans and specifications for buildings, structures or other projects; plans and specifications for buildings, structures or other projects; 7. Doctors, dentists, chiropractors, and other health care providers; and 3/Ords 91-33 -15- 8. Undertakers and mortuaries. 2.03 Contractors categories. The contractors classification includes general engineering contractors; general building contractors; boiler, hot water heating, steam fitting; cabinet and mill work; cement and concrete; electrical (general); electric signs; elevator installation; excavating, grading, trenching, paving and surfacing fire protection engineering; flooring (wood); glazing; house and building moving; insulation; landscaping, lathing; masonry, ornamental metals; painting and decorating; plastering; plumbing; refrigeration; roofing; sewer, sewage disposal, drains and cement pipe laying; sheet metal; steel (reinforcing); steel (structural); structural pest control; tiel (ceramic or mosaic); warm air heating; ventilating; air conditioning; welding; well drilling; classified specialists; and other businesses such as refuse collection, ambulance services and cable television companies. 2.04 Brokers categories. The brokers classification includes person engaged in the occupation of broker and/or engaged in or carrying on the business of lending or selling on commission, or making loans for others on commissions, collecting rents as agents for other than those carrying on the business of banking, and includes, by way of example, the following: A. Stock or bond broker; B. Real estate broker or agent; C. Insurance broker (but not an insurance agent). 2.05 Rentals categories. The rentals classification includes any person engaged in the business of operating a hotel, motel, apartment complex, rooming house, mobilehome park, trailer park, or campgrounds or any other similar type of lease or rental living facility with a total of three or more units or spaces. 2.06 Vending machines categories. The vending machines classification includes the business of renting, leasing or operating coin-operated vending machines, and includes, by way of example, the following: A. Cigarette or tobacco machines; B. Food or beverage machines; C. Postage stamp machines; D. Game machines. E. Recycling machines. 2.07 Miscellaneous categories. The miscellaneous classification includes such businesses operating exclusively with a vehicle for advertising, delivering or selling goods, wares, merchandise or services, and such other designated businesses, and includes, by way of example, the following: A. Dances; B. Carnival, circus or rodeo; C. Swap meets; D. Arcades; E. Games; 3/Ords 91-33 -16- F. Merry-go-rounds; G. Shooting galleries; H. Medicine shows; I. Pawnshops; J. Wrecking yards or junkyards; K. Bowling alleys; L. Billiards halls or poolhalls. M. Secretarial N. Bookkeepers O. Entertainers P. Transportation Q. House Cleaning R. Breeders S. Pet Care SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary to be published and a certified copy of the full text to be posted in the office of the City Clerk at least five days prior to the meeting at which the City Council adopts this ordinance. Within 15 days after adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance with the names of the City Council members voting for and against, and the City Clerk shall post a certified copy of the Ordinance in the office of the City Clerk with the names of the City Council members voting for and against the Ordinance. PASSED, APPROVED AND ADOFrED, this 271h day of August, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 3/Orals 91-33 - 17- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-33 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of August, 1991 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of August, 1991 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Ords 91-33 -18- ITEM NO. 12 ORDINANCE NO. 91-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 5755 CHANGING THE ZONE FROM M-SC (MANUFACTURING-SERVICE COMMERCIAL) TO C1-CP (GENERAL COMMERCIAL) ON 6.2 NET ACRES AT THE NORTHWEST CORNER OF DIAZ AND RANCHO CALIFORNIA ROADS, ALSO KNOWN AS ASSESSOR'S PARCEL NOS. 921-020-058 AND 059. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the city Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in affect the zone or zones as described in Change of Zone No. 5755 and in the above rifle, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. SECTION 4. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. 5 lords9 1-30 - 1 - PASSED, APPROVF]} AND ADOPTED this 271h day of August, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) 'COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance 91-30 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of August, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 271h day of August, 1991, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 5lOrds91-30 -2- ITEM NO. 13 ORDINANCE NO. 91-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 16 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) LOCATED AT 27628 JEFFERSON AVENUE, ALSO KNOWN AS ASSESSOR'S PARCEL NO. 910-130-026 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. Public hearings have been held before the City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in affect the zone or zones as described in Change of Zone No. 16 and in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this Ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This Ordinance shall take effect 30 days after the date of its adoption. SECTION 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentenoe, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. 3/Ords 91-31 PASSED, APPROVED AND ADOFrED, this 271h day of August, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June, S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 91-31 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of August, 1991 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 271h day of August, 1991, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Ords 91-31 ITEM NO. 14 - ORDINANCE NO. 91-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOIYFHERN CALIFORNIA GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITtING AND DISTRIBUTING HAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. Whenever in this Ordinance the words or phrase hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning: a. The word "Grantee" shall mean Southern California Gas Company, and its lawful successors or assigns; b. The word "City" shall mean the City of Temecula, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form; c. The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City; d. The word "Engineer" shall mean the Director of Public Works of the City; e. The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places in the City. Any authorization, in whatever terms granted, shall be in lieu of any business license tax or permit based upon gross receipts or number of employees, but no other license, tax or permit; f. The word "Gas" shall mean natural or manufactured gas, or a mixture of 3/Ords 91-32 -1- natural and manufactured gas; h. The phrase "lay and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove. SECTION 2. Subject to each and all of the terms and conditions contained in this Ordinance, and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937, the right, privilege and franchise be, and the same is hereby granted to Grantee to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes, under, along, across or upon the streets of the City. SECTION 3. The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, a sum annually which shall be equivalent to percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of the Grantee derived from the sale of gas within the limits of the City under this franchise. SECTION 4. Grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the Grantee, its successors or assigns, during the preceding calendar year, or such factional calendar year, from the sale of the utility service within the City for which this franchise is granted. It shall be the duty of the Grantee to pay to the City within fifteen (15) days after the time for filing such statement in lawful money of the United State, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year covered by such statement. Any neglect, omission or refusal by said Grantee to file such verified statement, or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. SECTION 5. The City Treasurer, or any qualified person designated by the City, at any reasonable time during regular business hours, may make examination at Grantee's office or offices 'of its books and records germane to and for the purpose of verifying the dates set forth in the statement required by Section 4. All books and records subject to examination by the City Treasurer, or qualified person designated by the City, shall be made available within the Grantee's office in the County of Los Angeles. SECTION 6. This grant is made in lieu of all other franchises owned by the Grantee, or by any predecessor or successor of the Grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises within the limits of this City, as such limits now or may 3lOrds 91-32 -2- hereafter exist, in lieu of which this franchise is granted. SECTION 7. The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex or consolidate with, additional territory, any and all franchise rights and privileges owned by and Grantee therein shall likewise be deemed to be abandoned within the limits of such territory. SECTION 8. The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee, real or personal, either by purchase or through the exercise of the right of eminent domain, and nothing herein contained in this franchise shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the Grantee; nor shall this franchise every be given any value before any court or other public authority in an proceeding of any character in excess of the cost to the Grantee of the necessary publication an any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION 9. The Grantee of this franchise shall: a. Construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the Ordinances, rules and regulations theretofore, or hereafter adopted by the legislative body of the City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities; b. Pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise; c. Indemnify and hold harmless and defend the City and its respective elected and appointed officials, officers, agents and employees from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of Grantee well and faithfully to observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2, of the California Public Utilities Code; d. Remove or relocate, at the request of the City, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by the City. 1. The term "City" as used in this subparagraph shall mean the same as the term "municipality" contained in Section 6297 of the Public Utilities Code. 3/Orda 91-32 -3- SECTION 10. a. The Engineer shall have power to give the Grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances is commenced, the Grantee shall file with said Engineer plans showing the location thereof, which shall be subject to the approval of said Engineer which approval shall not be unreasonably withheld; and all such construction shall be subject to the inspection of said Engineer and done to his or her reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line. b. Where it is necessary to lay any underground pipes or other facilities through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable, shall be done by a tunnel or bore so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be done, such work shall be done under a permit to be granted by the Engineer upon application therefor. c. Any fee imposed upon Grantee for any and all required encroachment permits to lay any underground pipes and appurtenances through, under or across any portion of a paved or macadamized street or to access existing pipes and appurtenances, shall be imposed on a non- discriminatory basis only, to the extent such fees are imposed generally on all non-governmental applicants for such permits within the City, in an amount which does not exceed the estimated reasonable cost of issuing the permit and inspecting the work done thereunder. SECTION 11. If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, said Grantee shall, at its own cost and expense, within a reasonable period of time, repair any such damage and restore such portion of street, to as good condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction. SECTION 12. Grantee shall file with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers. SECTION 13. a. If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, being the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited. 3/Ords 91-32 -4- ' b. The City may sue in its own name for the forfeiture of this franchise, in the event of noncompliance by the Grantee, its successors or assigns, with any of the conditions thereof. SECTION 14. Except to the extent expressly provided by the terms of this Ordinance, the granting of this franchise shall not be construed as limiting or modifying the power or authority conferred upon the city. SECTION 15. The Grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the City shall furnish Grantee with a written statement of such expenses. SECTION 16. After the publication of this Ordinance, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereof. SECTION 17. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 18. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 19. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. 3/Ords 91-32 -5- PASSED, APPROVED AND ADOPTED this 271h day of August, 1991. ATFEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing Ordinance No. 91-32 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of August, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 271h day of August, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Orda 91-32 -6- ITEM NO. 15 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department August 27, 1991 Appeal No. 15 Richard Ayala DENY Appeal No. 15 and uphold the Planning Commission denial of Appeal No. 15 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: Winston Tires Local Neon Co., Inc. An Appeal of the Planning Director's denial of an application for a wall sign proposed to be situated above an existing roof. 27425 Jefferson, Northwest corner of Overland Drive (Winchester Square). C-1/C-P (General Commercial) North: C-1/C-P South: C-1/C-P East: C-P-S West: M-SC (General Commercial) (General Commercial) (Scenic Highway Commercial (Manufacturing Service Commercial) STAFFRPT~IS.APPRAL 1 PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: DISCUSSION: STAFF RECOMMENDATION: Not Requested Shopping Center North: Shopping Center South: Shopping Center East: Commercial West: Industrial Number of Proposed Signs Height of Signs: Square Footage of Sign Total Square Footage of Proposed Signage: 1 wall sign 2' each 37 sq.ft. and 74 sq.ft. 111 sq.ft. The application is an appeal to the City Council of the Planning Commission Denial of Appeal No. 15. Appeal No. 15 was denied 5-0 by the Planning Commission on July 15, 1991. Chairman Hoagland felt signage was important for business, but he decided to vote against the appeal because of the location of the sign and due to the fact a monument sign is being proposed along Jefferson Street to include Winston Tire signage Planning Staff recommends that the City Council: DENY Appeal No. 15 and uphold the Planning Commission denial of Appeal No. 15. RA:vgw Attachments: 2. 3. 4. Planning Commission Minutes Dated July 15, 1991 Planning Commission Staff Report Exhibits Applicants letters STAFFRFI~I5 .APPEAL 2 6 In respo e to a question from Commissioner Fahey, Assistant ' Attorney John Cavanaugh vised that if a homeowners association is ' ace and is given the responsibility to operly maintain the slopes, the a lation should require that an easement be grante hich allows them acce o the private property. It was moved by Commission Ch' ' eff, seconded by Commissioner Blair to continue the public hearing on this m the meeting of August 19, 1991, with direction given to staff to 1) wor oper on the design with the goal of reducing the severe slopes, to require a homeowners association, and 3) to work ' artment on the matter of slopes dedicati ark site. The motion was un ' A~peal No. 15 the roof of the adjoining suite. Chairman Hoagland opened the public hearing at 6:45 PM. It was moved by Commissioner Fahey, seconded by Commissioner Ford to close the Public Hearing at 6:45 PM and to adopt a resolution entitled: RESOLUTION NO. 91-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING APPEAL NO. 15, ADMINISTRATIVE PLOT PLAN NO. 91, TO INSTALL AN APPROXIMATELY 111 SQUARE FOOT SIGN ABOVE AN EXISTING ROOF LOCATED ON THE NORTHWEST CORNER OF JEFFERSON AVENUE AND OVERLAND DRIVE AND KNOWN AS 27425 JEFFERSON AVENUE. The motion carried by the following vote: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ~ f Zone 16 The staff report resented by St Jiannino. ChaIrman Hoagland opened ~c heanng at 6:51 PM. STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 1991 Case No.: Appeal No. 15 Prepared By: Richard Ayala Recommendation: That Planning Staff recommends that the Planning Commission: ADOPT Resolution No. 91- denying Appeal No. 15, Administrative Plot Plan No. 91, based on the Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: Winston Tires REPRESENTATIVE: Local Neon Co., Inc. PROPOSAL: An Appeal of the Planning Director's denial of an application for a wall sign proposed to be situated above an existing roof. LOCATION: 27425 Jefferson, Northwest corner of Overland Drive (Winchester Square). EXISTING ZONING: C- 1/C-P (General Commercial) SURROUNDING ZONING: North: South: East: West: C-1/C-P (General Commercial) C-1/C-P (General Commercial) C-P-S (Scenic Highway Commercial) M-SC (Manufacturing Servic Commercial) e PROPOSED ZONING: Not requested. A:APPL15 1 Shopping Center EXISTING LAND USE: SURROUNDING LAND USES: North: Shopping Center South: Shopping Center East: Commercial West: Industrial PROJECT STATISTICS: BACKGROUND: ANALYSIS: Number of Proposed Signs: Height of Signs: Square Footage of Sign: Total Square Footage of Proposed Signage: 1 wall sign 2' each 37 sq.ft. and 74 sq.ft. 111 sq.ft. On February 22, 1991, Local Neon Company, Inc., filed Administrative Plot Plan No. 91 for Winston Tire Co. The proposed signage included two wall advertising signs located at the main entrance and the east elevation of the subject business. Planning Staff reviewed the application and approved the signage for the main entrance, but denied the proposed signage for the east elevation. Appeal No. 15 was filed on April 29, 1991, The applicant is appealing the Planning Department's denial of Administrative Plot Plan No. 91 for the signage on the east elevation of the subject business, based on the fact that the applicant feels it is necessary and reasonable to have signage facing Jefferson Avenue. The Planning Department has reviewed the proposed signage for the east elevation of the subject business and has found an inconsistency with Section 19.4, the standards for on-site advertising structures and signs, of Ordinance No. 348. Section 19.4(b) stipulates that "No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on-site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building." The Appellant is proposing signage contrary to Section 19.4(b) of Ordinance 348, in that the A:APPL15 2 FINDINGS: signage in question is proposed above the roof of the remainder building which fronts Jefferson Drive. In addition, the location of the proposed signage is not stipulated in the center's sign criteria. The subject business is located within a single linear building structure which has been designed with the middle portion of the building protruding above the roof adjacent to Jefferson Avenue. The subject business is located within the protruding section of the building and therefore, the applicant's intent to install a sign on the protruding wall is inconsistent with Section 19.4(b) of Ordinance 348 as previously mentioned. There is a reasonable probability that Administrative Plot Plan No. 91 (Appeal No. 15) will be inconsistent with the City future General Plan, which will be completed in a reasonable time and in accordance with state law. The project, as proposed, is inconsistent with current City policy regarding the placement of wall signage per Section 19.4(b), Ordinance No. 348. The project would therefore be inconsistent with new development standards adopted with the new General Plan. There is a likely probability of substantial detriment to, or interference with, the City's future General Plan if the proposed use is ultimately inconsistent with the plan. The project would set a precedence which would hinder development of new standards within the development code regarding wall signage. The project is inconsistent in signage location with other wall signs for similar uses within the area, Other commercial centers, which are not freeway oriented, do not allow any form of signage above the roof or parapet of buildings as stipulated in Section 19.4(b) of Ordinance No. 348. A:APPL15 3 STAFF RECOMMENDATION: The Planning Staff recommends that the Planning Commission: ADOPT Resolution 91- denying Appeal No. 15, Administrative Plot Plan No. 91, based on the Findings contained in the Staff Report· RA: ks Attachments: Resolution 91- A:APPL15 4 RESOLUTION NO. 91-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING APPEAL NO. 15, ADMINISTRATIVE PLOT PLAN NO. 91, TO INSTALL AN APPROXIMATELY 111 SQUARE FOOT SIGN ABOVE AN EXISTING ROOF LOCATED ON THE NORTHWEST CORNER OF JEFFERSON AVENUE AND OVERLAND DRIVE AND KNOWN AS 27425 JEFFERSON AVENUE. WHEREAS, Local Neon Co., Inc., filed Appeal No. 15 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Appeal application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Appeal on July 15, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Appeal; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Appeal; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: A:APPL15 1 (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP"') was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is inconsistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in denying projects pursuant to this title, each of the following: a) There is reasonable probability that Appeal No. 15 proposed will not be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. A:APPL15 2 D. (1) Pursuant to Section 18.30(c), a plot plan may be denied if any of the following findings can be made: a) The proposed use does not conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The overall development of the land is not designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The Planning Commission, in denying the Appeal, makes the following findings, to wit: a) There is a reasonable probability that Administrative Plot Plan No. 91 (Appeal No. 15) will be inconsistent with the City future General Plan, which will be completed in a reasonable time and in accordance with state law. The project, as proposed, is inconsistent with current City policy regarding the placement of wall signage per Section 19.4(b), Ordinance No. 348. The project would therefore be inconsistent with new development standards adopted with the new General Plan. b) There is a likely probability of substantial detriment to, or interference with, the City's future General Plan if the proposed use is ultimately inconsistent with the plan. The project would set a precedence which would hinder development of new standards within the development code regarding wall signage. c) The project is inconsistent in signage location with other wall signs for similar uses within the area. Other commercial centers, which are not freeway oriented, do not allow any form of signage above the roof or parapet of A:APPL15 3 buildings as stipulated in Section 19.4(b) of Ordinance No. 348. SECTION 2_. Conditions. That the City of Temecula Planning Commission hereby denies Appeal No. 15, Administrative Plot Plan No. 91, to install an approximately 111 square foot sign above an existing roof located on the northwest corner of Jefferson Avenue and Overland Drive and known as 27425 Jefferson Avenue. SECTION 3. PASSED, DENIED AND ADOPTED this 15th day of July, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 15th day of July, 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS A:APPL15 4 CITY OF TEMECULA LOCATION -MAP CASE NO. ~~/5" ' P.C. DATE ?'/~'.-~'/J CITY OF TEMECULA ~ C.P-S \ C ~ Z ~17~ ~' CZ 915 ,-, ~3ASE NO. ,,/~'*f~"/'~"' ZONE MAP ) P.C. DATE CITY OF TEMECULA SWAP MAP r CASE NO. P.C. DATE ,,· , · .:-"":-"i'.--' . "..~.--=-".~.-~'-='. ~~ ~ | ': 1~~°m "' · :'.~ 4:Zi.i. . '~' · " s - ~, ".'~. 'OIIIJlII,FH, IIJIIIIII]i~.: -' Tl".::;,....:'i!:i;'.;-'~a...-~' ~'. '.:-.' ~}IlliltI~IIlllH}-_a, ~i',-:;· ~;i;~;:....=_- "-'='-:':Ol'ili;lll}:ll'ilii'lilO'; ~!! .'. '.':=~: ~':';.;'.-" .':' :' ---~;~ ""' m ~_.,.',, ~---F'. .. : '. · ___ :'~: ...-.., ...., .., ::.. :-- :'.:!~- ':.:.... :--=-Ollllllll,,llllllllO ~s ,,:~;::: !: :i!:...-: .,. i,.~:;i:...UIIiIIiltHiiiiIIllU ':;.:~. ~::. :-. :,,F_..~: ..:'. ~.. ' J "' '~ 'i::'! ":":g t "' "': '- ' ,5::3 '_-----:~ =,... ,, = =-:= ~ .' ~ ~' ' '~. ........ '." ,,,..,*m,, EXHIBIT DESIGNERS & BUILDERS OF SIGNS 1660 STANFORD STREET · SANTA MONICA, CALIFORNIA 90404 · (213) 394-1123 April 9, 1991 City of Temecula Gentlemen, Re~ Winston Tires Winchester Shopping Center Winston Tire Co. is appealing your decision to deny signage on the east elevation facing Jefferson, because as the company opens for business there is no signage identifying them, coming from the north. Winston Tires feels that that eliminates 50% in loss of advertising and ~ill have a negative impact on their business. TC/s ERC, Local Neon Co. , Inc. 1660STANFORD STREET · SANTAMONICA, CALIFORNIA 90404 * (213) 394-1123 July 19, lggl mr. Gary Thornhill Planning Director City of Temecula 43172 Business Park Or. Temecula, Ca. 92390 Dear mr. Thornhillw This is to serve as a protest to the decision of the planning commissio finding, at their meeting on monday, July 1I, against mall signage of Winston Tires in the Winchester Shopping Center. We have invested over $700.00 in order to appear at this meeting to voice our opposition to the planning department's denial of the .... letters on the north elevation of the building. Although me have spoken on many occasions mith Richard Ayala, and called Karen Castro the day of the meeting to ascertain mhich number me mere on the agenda (6), no mention mas ever made as to the location of the meeting, nor mere we notified by mail, nor mas Winston Tire notified. Steve Jiannino mentioned to me yesterday that some small n~tification was placed at the branch store in Temecula regarding the location of the meeting, but as everything dealing with the stores comes from the corporate office in 8urbank - mith whom your planning department has often been in touch - the manager at the Temecula store would have no reason to note this announcement. When me first called to protest our exclusion from the meeting, it was suggested that we mere not notified because it mas not known where to reach us. It apparently mas known hom to reach us mith the copy of a letter dated April l, 1991, to Winston Tires, from Richard Ayala. This letter is, as ~tated above not to argue that the section in question - 19.4 (b) is interpreted by us, and correctly we feel, as referring to "no roof signs"; nor to state that the mall of the building in ~uestion was built at a different time than the ~n~!! build~n9 a jacent - accorin9 to the developer; nor that Winston DESIGNERS & BUILDERS OF SIGNS 1660 STANFORD STREET , SANTA MONICA, CALIFORNIA 90404 · (21.3) 394-1123 Tires is losing much revenue by having no identification on Jefferson for traffic coming from the mest. ~hen me sent our applocation and check in for appeal, it mas lost in your offices. Fortunately me called, since we had heard nothing - we usually get receipts from the municipalities mhen they receive a check - and a search by Richard Ayala found the unopened envelope mith our application and check on someone' desk. As it mas Temecula's fault the lO days had expired, me mere put on the agenda. As it is also Temecula's fault that we were unable to appear at the appeal commission hearing, me hope that you mill set aside your denial, and give us the opportunity of presenting our case at the next hearing of the appeal board. TC/s CCt Jacques Hunter CC8 Hahn & Hahn, attorneys-at-Law Thea Collins Local Neon Co., Inc. *Section 19.4 (b) as quoted in your letter to ~inston Tire Co. of April l, 1991, says in part ......... "no on site sign shall be affixed to the mall of a building so that it projects above the parapet of the building." Clearly th__e refers to the building on mhich the sig~is installed. DESIGNERS & BUILDERS OF SIGNS ITEM NO. 16 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department August 27, 1991 Vesting Tentative Parcel Map No. 25418 Oliver Mujica 1. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: SANDEFKMXSTAFFRFl'X25418pM.CC Adopt Negative Declaration for Vesting Tentative Parcel Map No. 25418; and Adoot Resolution No. 91- approving Vesting Tentative Parcel Map No. 25418. Bedford Properties Robert Bein, William Frost & Associates Subdivide 36.4 acres into 5 commercial parcels and 9 open space parcels within Planning Area 1 of Specific Plan No. 219, Amendment No. 1. Northeast corner of Highway 79 and Margarita Road. Specific Plan No. 219, Amendment No. 1 North: Planning Areas 6 (Very High Density Residential) and 8 (Medium Density Residential) PROPOSED ZONING: EXISTING LAND USE: PROJECT STATISTICS: BACKGROUND: South: East: West: Specific Plan No. 223 (Vail Ranch) Planning Area 2 (Very High Density Residential) C-P-S Not applicable Vacant Total Land Area: 36.4 acres On September 6, 1988, the Riverside County Board of Supervisors adopted Resolution No. 88-470 approving Specific Plan No. 219. The Specific Plan provided a total of 5,611 dwelling units on 1,036 acres. In addition, the Board of Supervisors certified Environmental Impact Report No. 235 for Specific Plan No. 219 as an accurate and objective statement that complies with the California Environmental Quality Act (CEQA). Furthermore, a statement of overriding findings was made for the air quality impacts. On November 15, 1989, the applicant filed Vesting Tentative Parcel Map No. 25418 to the Riverside County Planning Department. On April 9, 1991, the City Council Adopted Resolution No. 91-36 approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Areas 1, 2, 5 and 6 of Specific Plan No. 219. Subsequently, on April 23, 1991, the City Council adopted Ordinance No. 91-13 amending Zoning Ordinance No. 90-04 pertaining to Ordinance No. 348.2919 (Specific Plan No. 219) as it relates to zoning. The Land Use Designation of Planning Area No. I was changed from Multi-Family Residential to Community Neighborhood Commercial. On August 5, 1991, the Planning Commission considered Vesting Tentative Parcel Map No. 25418; and has forwarded a Recommendation of Approval by the vote of 4-1. SANDEFK_MXSTAFFRPTX2M 18PM. CC 2 DISCUSSION: SPECIFIC PLAN AND GENERAL PLAN CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: As noted above, Vesting Tentative Parcel Map No. 25418 proposes to subdivide the subject 36.4 acre parcel into 5 commercial lots and 9 open space lots, as follows: Lot I - 2.7 acres Lot 2 - 11.9 acres Lot 3 o 8.9 acres Lot 4 - 6.0 acres Lot 5 - 6.9 acres The proposed subdivision has been designed in accordance with the standards of Specific Plan No. 219, Amendment No. 1. The proposed project is consistent with the SWAP Land Use Designation of Specific Plan No. 219, Amendment No. I (Specific Plan and Planning Area No. 1 - Community/Neighborhood Commercial). In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Pursuant to Condition of Approval No. 12 of Specific Plan No. 219, an Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is SANDEFK_MXSTAFFRFl~25418PM.CC 3 10. consistent and compatible with Specific Plan No. 219, Amendment No. 1. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Street "A" of the specific plan. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated SANDEFKI~STAFFRFI~2~418PM.CC 4 with these applications and herein incorporated by reference. STAFF RECOMMENDATION: The Planning Department Staff recommends that the City Council: ADOPT the Negative Declaration for Vesting Tentative Parcel Map No. 25418; and ADOPT Resolution No. 91- approving Vesting Tentative Parcel Map No. 25418. OM:ks Attachments: Resolution Conditions of Approval Exhibits: A. Tentative Parcel Map Planning Commission Staff Report (Dated August 5, 1991 ) Planning Commission Minutes (Dated August 5, 1991) Large Scale Plan SANDEFI<MXSTA FFRFI'X25418 PM. CC 5 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE PARCEL MAP NO. 25418 TO SUBDIVIDE A 36.4 ACRE PARCEL INTO 5 COMMERCIAL PARCELS AND 9 OPEN SPACE PARCELS LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79 AND KNOWN AS ASSESSOR'S PARCEL NO. 926-013-012. WHEREAS, Bedford Properties filed Vesting Tentative Parcel Map No. 25418 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; WHEREAS, the City Council considered said Tentative Parcel Map on August 27, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the City Council approved said Tentative Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: SANDF.,FKM~STAFFRPT~2,54 18 PM. CC 6 (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The City Council finds, in approving of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Vesting Tentative Parcel Map No. 25418 proposed will be consistent with the general plan proposal SANDEFKM~STAFFRPT~25418PM.CC 7 being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property SANDEFKMXSTAFFRPTX25418 PM. CC 8 within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to eesements of record or to easements established by judgment of a court of competent jurisdiction. (2) The City Council in approving of the proposed Tentative Tract Map, makes the following findings, to wit: a) The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent and compatible with Specific Plan No. 219, Amendment No. 1. c) There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. d) The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule A. e) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a specific plan will SAND EFKJvB STA FFRFr~2,S4 18 PM. CC 9 be implemented with this project. -~- f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. g) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Street "A" of the specific plan. h) The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. i) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. j) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 2._~. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby adopted. SANDEFKMXSTAFFRFTX2,54 18PM. CC I 0 SECTION 3, Conditions. That the City of Temecula City Council hereby recommends approval of Tentative Parcel Map No. 25418 for the subdivision of a 36.4 acre parcel into 5 commercial parcels and 9 open space parcels located on the northeast side of Margarita Road and Highway 79 and known as Assessor's Parcel No. 926-013-012 subject to the following conditions: A. Exhibit A, attached hereto. SANDEFKI~STAFFRPT~2,S41gPM.CC I 1 SECTION 4...=, -- APPROVED AND ADOPTED this 27th day of August, 1991. RONALD J, PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 27th day of August, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S, GREEK CITY CLERK SANDF.,FKM~STAFFRPT~25418PM.CC 12 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Parcel Map No: 25418 Project Description: 5 Commercial and 9 Open Space Assessor's Parcel No.: 926-013-012 Planning Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date by the City Council, unless extended as provided by Ordinance 460. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: a. Be limited to a maximum slope ratio of 2 to 1. SANDEFK. M~STAFFRFrX25418PM.CC 3, 3 10. 11. 12. 13. 14. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. An erosion control landscaping plan demonstrating methods of erosion protection for these slopes shall be prepared by a qualified professional; and shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated November 13, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. This subdivision shall comply with Specific Plan No. 219, Amendment No. 1. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of Planning Area I as provided in Specific Plan No. 219, Amendment No. 1. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. The subdivider and all successors in interest shall comply with the provisions of Development Agreement No. 4 and Specific Plan No. 219, Amendment No. 1. Prior to recordat,on of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded SANDEF1GMXSTAFFRPT~25418PM. CC I 4 15. 16. 17. with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations. County Slope Stability Report No. 122 was prepared for this property and is on file at the Planning Department. Specific items of concern in the report are as follows: Slope Stability. The developer shall comply with the following parkway landscaping conditions: Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the City Engineering and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the City Engineering Department. The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district· The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance as taken over by the district. The developer shall comply with the standards and exhibits in Specific Plan No. 219, Amendment No. 1. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: If the project is to be phased, prior to the issuance of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: SANDEFKM~STAFFRFrX25418 PM. CC 3. 5 Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 18. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. SANDEFKMXSTAFFRPT~25418PM.CC 3. 6 19. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: The project shall comply with the requirements of Development Agreement No. 4. Prior to the issuance of building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right- of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. SANDEFKI~STAFFRPT~2,S418PM.CC ~, 7 20. 21. 22. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Prior to the issuance of building permits for Lots 1-5, a plot plan shall be submitted to the Planning Department pursuant to Section 18.30 of Ordinance No. 348 accompanied by all applicable filing fees, as a plot plan that is subject to the California Environmental Quality Act and is transmitted to governmental agencies other than the City Planning Department. The plot plan shall ensure the conformance of the final site development with the Design Guidelines of Specific Plan No. 219, Amendment No. 1. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Parcel Map No. 25418, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the SANDEFKMXSTAFFRPTX2~418PM.CC 18 appraisal. 23. 24. 25. 26. 27. 28. 29. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department and the Public Works Department prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space and private drainage system. No' lot in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Every owner of a lot shall own as an appurtenance to such lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee in compliance with AB SANDERCMXSTAFFRPT~2,.q.18PM.CC 19 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). Department of Public Works The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Department of Public Works. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO RECORDATION OF THE FINAL MAP: 30. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; CalTrans; and Parks and Recreation Department. 31. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 32. Margarita Road shall be improved with 43 feet of half street improvement plus one 18' lane within a 55' dedicated right-of-way in accordance with County Standard No. 100 (110'/86'). SANDEFKMXSTAFFRFl'X25418PM.CC 2 0 33. In the event that full improvements of De Portola Road and Street "A" are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 12 foot lane per Riverside County Standard No. 101 (100'/76'). The improvements shall be constructed prior to occupancy. 34. In the event that full improvements for Meadows Parkway are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements plus one 18 foot lane per Riverside County Standard No. 100 (110'/86'). The improvements shall be constructed prior to occupancy. 35. In the event that full improvements for Highway 79 are not constructed by Assessment District 159 prior to the final map recordation, the developer shall construct or bond for the improvements to provide for one-half street improvements per CalTrans Standard (142'/110'). The improvements shall be constructed prior to occupancy. Curb and Gutter shall also be constructed per CalTrans standard for 8-inch curb face. 36. Vehicular access shall be restricted on Highway 79, Meadows Parkway, Street "A", De Portola Road, and Margarita Road, and so noted on the final map with the exception of public street and driveway intersections as approved by the Department of Public Works and as is shown on the tentative map. One access shall be allowed on Highway 79 subject to CalTrans approval. One access shall be allowed on Margarita Road subject to the approval of the Department of Public Works. 37. Corner property line cut off shall be required per Riverside County Standard No. 805. 38. Private drainage easements for cross-lot drainage, when deemed necessary, shall be delineated or noticed on the final map. 39. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 40. Easements for joint use driveways shall be provided prior to approval of the Final Map or issuance of building permits, whichever occurs first. 41. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. SANDEFKM~STAFFRFI'X2M 18 PM. CC 2 1 42. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. ae Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. All trails, as required by the City's Master Plans. f. Undergrounding of existing and proposed utility distribution lines. 43. The street design and improvement concept of this project shall be coordinated with adjoining developments. 44. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the Department of Public Works. 45. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 46. Street names shall be subject to the approval of the Department of Public Works. 47. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. 48. All street centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. SANDEFKM~STAFFRPTX2S41SPM.CC 2 2 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. The subdivider shall submit two prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdivider shall submit two copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as directed by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District and the City of Temecula Department of Public Works for review. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. SANDEFKI~STAFFRFI~25418PM.CC 2 3 PRIOR TO ISSUANCE OF GRADING PERMITS: 60. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 61. A grading permit shall be obtained from the Public Works Department prior to commencement of any grading outside of the City-maintained road right-of- way. 62. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 63. A permit shall be required from CalTrans for any work within the following right-of-way: Highway 79 PRIOR TO BUILDING PERMIT: 64. A precise grading plan shall be submitted to the Public Works Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 65. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 66. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed $10,000. Developer SANDEFK, M~STAFFRPT~2.S418PM.CC 2 4 understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; I;)rovided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 67. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. Secondary access shall be provided for any phasing as specified and approved by the Department of Public Works. 68. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 69. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Transportation Engineering PRIOR TO RECORDATION OF THE FINAL MAP: 70. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A", De Portola Road, Meadows Parkway, State Route 79, and Margarita Road. These and shall be included in the street improvement plans. 71. Prior to designing any of the above plans, contact the Department of Public Works for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 72. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. SANDF_..FKM~STAFFP, PT~25418PM.CC 2 5 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 73. All signing and striping shall be installed per the approved signing and striping plan. 74. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Margarita Road with De Portola Road and Meadows Parkway with Street "A". All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. Prior to designing any traffic signal plans, contact the Department of Public Works for the design requirements. SANDEFKM~STAFFRPT\2.~418PM.CC 2 6 > © @ STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 5, 1991 Case No.: Vesting Tentative Parcel Map No. 25418 Prepared By: Oliver Mujica Recommendation: 1. RECOMMEND ADOPTION of Negative Declaration for Vesting Tentative Parcel Map No. 25418; and ADOPT Resolution No. 91- recommending approval of Vesting Tentative Parcel Map No. 25418. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: Bedford Properties Robert Bein, William Frost & Associates Subdivide 36.4 acres into 5 commercial parcels and 9 open space parcels within Planning Area 1 of Specific Plan No. 219, Amendment No. 1. Northeast corner of Highway 79 and Margarita Road. Specific Plan No. 219, Amendment No. 1 North: Planning Areas 6 (Very High Density Residential) and 8 (Medium Density Residential) STAFFRPT\PM25418 1 PROPOSED ZONING: EXISTING LAND USE: PROJECT STATISTICS: BACKGROUND: South: East: West: Specific Plan No. 223 (Vail Ranch) Planning Area 2 (Very High Density Residential) C-P-S Not applicable. Vacant Total Land Area: 36.4 acres On September 6, 1988, the Riverside County Board of Supervisors adopted Resolution No. 88-470 approving Specific Plan No. 219 (Meadows). The Meadows provided a total of 5,611 dwelling units on 1,036 acres. In addition, the Board of Supervisors certified Environmental Impact Report No. 235 for Specific Plan No. 219 as an accurate and objective statement that complies with the California Environmental Quality Act (CEQA). Furthermore, a statement of overriding findings was made for the air quality impacts. On November 15, 1989, the applicant filed Vesting Tentative Parcel Map No. 25418 to the Riverside County Planning Department, which proposed to subdivide the subject 36.4 acre site into 5 commercial lots and 9 open space lots. The project was reviewed by the Riverside County Land Division Committee (LDC) on December 11, 1989; January 22, 1990; February 2, 1990; and April 2, 1990. During these meetings the LDC indicated that Specific Plan No. 219, Amendment No. I must be adopted prior to the approval of the tentative map. Subsequently, this project was transferred to the City of Temecula on April 23, 1990. On November 15, 1990, this project was reviewed by the Preliminary Development Review Committee STAFFRP'I'~PM25418 2 PROJECT DESCRIPTION: (Pre-DRC) in order to informally evaluate the project and address any possible concerns, as well as suggesting possible modifications. The comments by the Pre-DRC included the following: 1. Circulation/Access Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss the required supplemental material in order to address the Pre-DRC's concerns. On February 27, 1991, Vesting Tentative Parcel Map No. 25418 was reviewed by the Formal Development Review Committee; and, it was determined that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to conditions. On April 9, 1991, the Planning Commission Adopted Resolution No. 91-36 approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Areas 1, 2, 5 and 6 of Specific Plan No. 219. Subsequently, on April 23, 1991, the Planning Commission adopted Ordinance No. 91-13 amending Zoning Ordinance No. 90-04 pertaining to Ordinance No. 348.2919 (Specific Plan No. 219) as it relates to zoning. The Planning Commission May recall that Vesting Tentative Parcel Map No. 25418 was originally scheduled for their public hearing meeting of March 18, 1991. However, at the request of the applicant, this item was continued, prior to the meeting, off- calendar in order to allow the applicant the opportunity to further discuss the Conditions of Approval, relative to traffic mitigation, with the Engineering Department Staff. As noted above, Vesting Tentative Parcel Map No. 25418 proposes to subdivide the subject 36.4 acre STAFFRPT\PM25418 3 ANALYSIS: parcel into 5 commercial lots and 9 open space lots, as follows: Lot 1 - 2.7 acres Lot 2 - 11.9 acres Lot 3 - 8.9 acres Lot 4 - 6.0 acres Lot 5 - 6.9 acres The proposed subdivision has been designed in accordance with the standards of Specific Plan No. 219, Amendment No. 1. Traffic Imoacts The Transportation Engineering Staff has reviewed this project; and has determined that the proposed project is consistent with the traffic mitigation measures of EIR 235 adopted for Specific Plan No. 219, and there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Thus, the project has been conditioned accordingly. Access and Circulation Access to Lots 1-5 will be provided from proposed Street "H". The access points are consistent with the Circulation Plan of Specific Plan No. 219, Amendment No. 1. General Landscape Requirements Pursuant to Specific Plan No. 219, Amendment No. 1 (see Landscape Design Guidelines and Community Elements, Pages 223-295), all areas required to be landscaped shall be planted with turf, ground cover, shrub or tree materials selected from the plant palette contained in the guidelines. STAFFRPT\PM25418 4 Planting shall commence as soon as slopes are completed on any portion of the site and shall provide for rapid short-term coverage of the slope as well as long-term establishment cover per City standards. The developer shall provide a landscape bond to the City at the time that the landscape plan is approved. The bond is to guarantee the installation of interim erosion control planting in the event that the grading operation is performed and building construction does not commence within ninety (90) days. The owners of parcels which require landscape development shall assess any existing common landscape areas adjoining their property. Where feasible, landscape development shall reinforce or be compatible with such existing common area setting. Cut slopes equal to or greater than five (5') feet in vertical height and fill slopes equal to or greater than three (3') feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15') in vertical height shall be planted with shrubs, spaced not more than ten (10') feet on center or trees spaced not to exceed twenty (20') feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. The plants selected and planting methods shall be suitable for the soil and climatic conditions. Refer to the plant materials palette for the list of community wide slope stabilization plants. The Planning Department Staff has included a Condition of Approval requiring that a final landscaping plan for Lots 6-14 (open space) must be submitted for approval by the Planning Department prior to the issuance of building permits. STAFFRP'I%PM25418 5 Grading and Landform Alteration Substantial grading and recontouring of this site, which includes 100 c.y. of excavation and 660,000 c.y. of fill will occur in the immediate area. Land Use The project site is located within Planning Area I of Specific Plan No. 219, Amendment No. 1, which is designated as Community/Neighborhood Commercial. Vesting Tentative Parcel Map No. 25418 is a 5 lot subdivision only. Therefore, the Planning Department Staff has included a Condition of Approval requiring that a plot plan application for the development of Lots 1-5 must be submitted for approval prior to the issuance of building permits. SPECIFIC PLAN AND GENERAL PLAN CONSISTENCY: The proposed project is consistent with the SWAP Land Use Designation of Specific Plan No. 219, Amendment No. 1 (Specific Plan and Planning Area No. I - Community/Neighborhood Commercial). In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. ENVIRONMENTAL DETERMINATION: Pursuant to Condition of Approval No. 12 of Specific Plan No. 219, an Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. FINDINGS: 1. The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study STAFFRPT\PM25418 6 performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent and compatible with Specific Plan No. 219, Amendment No. 1. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Street "A" of the specific plan. STAFFRPT\PM25418 7 The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 10. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of the Negative Declaration for Vesting Tentative Parcel Map No. 25418; and e ADOPT Resolution No. 91- recommending approval of Vesting Tentative Parcel Map No. 25418. OM:ks Attachments: 2. 3. 4. Resolution Conditions of Approval Environmental Assessment Exhibits: A. Vicinity Map B. Specific Land Use Map C. Planning Area No. I Map D. Planning Area No. I Standards E. Tentative Parcel Map Large Scale Plan STAFFRPT\PM25418 8 RESOLUTION NO. 91-79 --- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF VESTING TENTATIVE PARCEL MAP NO. 25418 TO SUBDIVIDE A 36.4 ACRE PARCEL INTO 5 COMMERCIAL PARCELS AND 9 OPEN SPACE PARCELS LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79 AND KNOWN AS ASSESSOR'S PARCEL NO. 926-013-012. WHEREAS, Bedford Properties filed Vesting Tentative Parcel Map No. 25418 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on August 5, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; NOW, THEREFORE, THE Planning Commission OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. STAFFRPT\PM25418 9 (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Vesting Tentative Parcel Map No. 25418 proposed will be consistent with the general plan proposal being considered or studied or which will be STAFFRPT\PM25418 10 studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict STAFFRPT\PM25418 11 with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: a) The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. b) c) d) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent and compatible with Specific Plan No. 219, Amendment No. 1. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that the project is consistent with surrounding land uses. The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. 460, Schedule A. STAFFRPT\PM25418 12 e) " The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. f) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. g) All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Street "A" of the specific plan. h) The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. j) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the community. SECTION 2._=. Environmental Compliance. STAFFRPT\PM25418 13 An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby recommended for adoption. SECTION 3__=. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tentative Parcel Map No. 25418 for the subdivision of a 36.4 acre parcel into 5 commercial parcels and 9 open space parcels located on the northeast side of Margarita Road and Highway 79 and known as Assessor's Parcel No. 926-013-012 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4._=. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. JOHN HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of August, 1991 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS NOES: I PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS STAFFRPT~PM25418 14 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background 1. Name of Proponent: 2. Address and Phone Number of Proponent: e Date of Environmental Assessment: Bedford Properties 28765 Single Oak Drive, Suite 200 Temecula, CA 92390 (714) 676-7290 February 13, 1991 4. Agency Requiring Assessment: Name of Proposal, if applicable: CITY OF TEMECULA Tentative Parcel Map No. 25418 6, Location of Proposal: Northeast of Highway 79 and Margarita Road. II. Project Description Tentative Parcel Map No. 25418 proposes to subdivide the subject 36.4 acre site, which is within Planning Area 1 of Specific Plan No. 219, Amendment No. 1, into 5 commercial lots and 9 open space lots. III. Discussion of the Environmental Evaluation The following environmental impacts associated with Specific Plan No. 219 are insignificant in that the design of the project as proposed includes the necessary STAFFRPT~PM25418 30 mitigation measures which have been adopted within EIR 235: Water and Sewer: The project will have an average daily consumption of domestic water of 1,683,300 gallons at 300 gallons/d.u./day. The project will generation between 1.81 and 3.08 million gallons per day of sewage flow. Onsite wastewater collection facilities will be constructed to tie into Eastern Municipal Water District's master planned facilities being constructed through the Rancho Villages Assessment District. Construction of all structures within the project will conform to state laws requiring water efficient plumbing fixtures. Utilities: Gas, electricity, and telephone service will be provided by respective purveyors of the service. Lines for electrical and telephone services, and mains for natural gas are located along the project boundaries. Energy Resources: The project will increase consumption of energy for motor vehicle movement, space and water heating, air conditioning, use of home appliances, and operation of construction equipment. The project will adhere to State Code Title 24 energy conservation standards and will employ site design, when possible, for additional energy conservation. Non vehicular pathways are included within, and adjacent to, the project site. Commercial and employment centers are in proximity to the project site. Parks and Recreation: Project residents will create a demand for parks and recreation facilities, and for open space. The project design provides 242 +/- acres of recreation areas, parkway greenbelts, and paseo open space. The following environmental impacts associated with Specific Plan No. 219 are potentially significant, but will be avoided or substantially lessened by the identified mitigation measures which have been adopted within EIR 235: A. Seismic Safety 1. Impact: Although faults have been previously mapped on- site, they have been determined to be inactive and the risk of ground rupture due to faulting on the STAFFRPT\PM25418 31 2. Mitigation: Slopes and Erosion 1. Impact: 2. Mitigation: Flooding 1. Impact: project is considered nil. Liquefaction potential exists along the entire flat alluviated area of Temecula Creek within the southern site boundary. During site development, additional geologic evaluation shall be continued in order to verify the extent and relative age of fault activity. Mitigation of the liquefaction potential within the southern portion of the site will occur as a result of project development, which will lower artificially high groundwater levels by removal of recharge ponds, as well as increase overburden as a result of site grading. The Meadows Specific Plan will unavoidably alter some of the existing landforms. Owing to the general granular nature of graded slopes, a moderate to severe erosion potential exists if slopes are unprotected. Removal and recompaction of portions of alluvial/colluvial soils within fill areas and shallow cut areas will be necessary. Temporary groundcover shall be provided to prevent erosion during the construction phase. Permanent vegetation shall be planted as soon as possible after grading. Specific requirements for alluvial/colluvial soils removal shall be developed during tentative map studies and incorporated into project grading. The three small possible landslide areas shall be investigated during design level studies and all mitigation measures identified as a result of that investigation will be incorporated into future development approvals. Remedial grading recommendations to provide for the long term stability will be provided based upon a finalized grading design. Development of the Vail Meadows Specific Plan will alter the existing drainage patterns and will increase runoff to Temecula Creek and, to a lesser extent, Murrieta Creek. STAFFRPT~PM25418 32 2. Mitigation: Noise 1. Impact: 2. Mitigation: Water Quality 1. Impact: 2. Mitigation: Wildlife/Vegetation A master drainage plan has been developed to respond to the hydrological constraints of the site. A more in-depth assessment of the Temecula floodplain shall be conducted during the final design and preparation of the tentative tract maps, and all mitigation measures identified as a result of that assessment will be incorporated into future development approvals. Erosion control devices shall be utilized in hillside development areas to mitigate the effect of increased runoff at points of discharge. If required, the project applicant will contribute Drainage Improvement Fees as appropriate. Noise generated from the project will derive from two sources, construction and vehicular traffic, but is not anticipated to result in unacceptable noise levels to existing or proposed off-site uses. Onsite areas adjacent to high volume roadways may be subject to noise impacts. A noise analysis shall be required in planning areas adjacent to high volume perimeter roads. If indicated, noise attenuation will be incorporated into project design. Implementation of the project will alter the composition of surface runoff by grading the site surfaces; by construction of impervious streets, roofs and parking facilities; and by the irrigation of landscaped areas. Runoff conveyed to Temecula and Murrieta Creeks will contain minor amounts of pollutants. The project will employ erosion control devices during grading, such as temporary berms, culverts, sand bagging or desilting basins. Urban runoff will be mitigated through implementation of a street cleaning program. STAFFRP'I'~PM25418 33 1. Imoact: 2. Mitigation: As a consequence of grassland and coastal sage scrub vegetation removal, existing wildlife will either be destroyed or displaced. Impacts upon habitat containing a population of the Stephens Kangaroo Rat will result. The project applicant will participate in any in-place County program which provides for off-site mitigation of impacts to the Stephens Kangaroo Rat, or enter into a Memorandum of Understanding wit the California Department of Fish and Game. Historic and Prehistoric Sites 1. Impact: 2. Mitigation: H. Circulation Without proper mitigation, implementation of the Vail Meadows Specific Plan could potentially destroy archaeological/historical sites on the property. 1. Impact: Prior to the approval of any additional implementing processes, the applicant/developer will meet with the County Historical Commission to determine appropriate measures to mitigate potential impacts to archaeological/historicalsites; all mitigation measures identified as a result of the meeting(s) will be incorporated into future development approvals. 2. Mitigation: The Vail Meadows Specific Plan is anticipated to generate 47,600 vehicle trips per day at project completion. Approximately 40,000 of these trips would be external to the site. I. Fire Protection Construction of the proposed circulation network will adequately service future on-site traffic volumes. Off-site improvements will be constructed as required by the County Road Department and CalTrans. 1. Impact: The project site would be subject to Category II urban development requirements with regard to fire protection services. STAFFRPT\PM25418 34 2. Mitigation: Sheriff 1. Impact: 2. Mitigation: Schools 1. Impact: 2. Mitigation: Solid Waste 1. Impact: 2. Mitigation: Me Libraries 1. Impact: The project site will be served by a proposed fire station, to be constructed near Highway 79. The developer will pay mitigation fees as required by the Board of Supervisors. Project residents will impose increased demands on law enforcement and sheriff services. Project design will incorporate appropriate lighting, site design, security hardware and such design features as will promote optimal security. The developer will pay mitigation fees as required by the Board of Supervisors. The project will generate an estimated 3,109 students in grades K-8 and 1,187 students in grades 9-12, impacting the Temecula Union School District. The project has designated four elementary school sites and one junior high school site. The developer will pay school mitigation fees as required. Project residents, estimated at 14,587, will generate approximately 58 tons per day of solid waste, incrementally shortening the life of County landfill sites. The County Solid Waste Management Plan includes programs for reducing the quantity of wastes being landfilled, including source reduction and business and residential separation of recoverables. These programs may be implemented by project residents and businesses. The project's population will increase demand for STAFFRPT~PM25418 35 library facilities and services. 2. Mitigation: The developer will pay library mitigation fees as required by the Board of Supervisors. The following environmental impact associated with Specific Plan No. 219 cannot be fully mitigated and a statement of overriding findings has been adopted within EIR 235: Air Quality 1. Impact: At project build-out, daily motor vehicle emissions for the project will total approximately 7,754 Ibs/day. Power plant emissions for electrical energy consumed on-site will total 175 Ibs/day. Natural gas emissions for project consumption will total 163.6 Ibs per day. Approximately 100 Ibs of dust per acre will be generated each day of construction in addition to an undetermined amount of motor emissions during site preparation an construction. 2. Mitigation: Because most of the project-related air pollution emissions are generated by automobiles, effective mitigation is limited. On-site provisions for schools, shopping, and recreation has been incorporated into project design. Sufficient acreage has been zoned for industrial use in the Rancho California/Temecula area to provide employment opportunities. project design includes a circulation plan designed for efficient and direct traffic flows and alternative transit modes including pedestrian, bicycle, and equestrian trails. The Rancho Villages Policy Plan, to which this project is subject, requires pedestrian and bus stop facilities for commercial areas. These requirements will be implemented at the development application stage. Particulate matter and other pollutants generated during grading and construction will be reduced through compliance with County Ordinance No. 457 which specifies watering during construction, and planting of ground cover. IV. Conclusion STAFFRPT~PM25418 36 The Riverside County Board of Supervisors certified Environmental Impact Report (EIR) No. 230 in conjunction with the approval of Specific Plan No. 219 and Change of Zone No. 5140. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. The Board of Supervisors also adopted statements of overriding considerations for the air quality impacts. Tentative Parcel Map No. 25418 proposes a commercial subdivision that is consistent with the guidelines and requirements of Planning Area I of Specific Plan No. 219, Amendment No. 1; and will not result in impacts to the environment. The Conditions of Approval are adequate to mitigate any potential significant impacts to levels of insignificance. Pursuant to the California Environmental Quality Act and Condition of Approval No. 12 of Specific Plan No. 219, this Initial Study has been prepared to demonstrate that the proposed Tentative Parcel Map will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have 'significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. STAFFRPT~PM25418 37 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ticant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets, which were adopted for EIR 235 and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~.~~,/j//o February 13, 1991 ,~e a~ Date Oliver Mujica !nior PI er For CITY OF TEMECULA STAFFRP~PM25418 38 16. Com' sioners hey, BI ', and agland nd C ' iaeff still e co erns ow parkla . Better error conse tism, eed to fig how obtain ~d dication · D g Stewar nnou d this s' al mi ' ation is t consi nt wa e fees ~lminist d. A ~on w made close blic hea ' g at .00 an ontinue ire iaeff se ded b ommi oner For o cont' e item t epte er 16, ~th no re ice be use Pa and Si al fees ed to · . . ' . ' n to c inue w unani s. AY COM SION S' Blai TENTATIVE PARCEL MAP NO. 25418 Proposal to subdivide 36.4 acres into 5 commercial lots and 9 open space parcels, within Planning Area No. I of the Meadows Specific Plan, No. 219 located Northeast of Highway 79, and Margarita Road. Oliver Mujica gave staff report. He noted that items has been conditioned to come back with plot plan application when each site is going to be developed. Condition//24 deleted commercial cannot be conditioned with Quimby fees. Chairman Hoagland opened public comment at 10:05. Commissioner Fahey supports the applicant as far as parkland. Oliver Mujica stated standard opposition letter for public facilities fee and engineering made change to condition 75. Gary Thornhill gave his opinion that you have to look at this as an integrated. development. If it is appropriate location? How large how may sites, this is what to look at. There are negotiations ongoing in regard to a standstill agreement (Quimby fees deferred to 50 Units). Need to discuss with Scott Field as any decisions made could ultimately effect anything that comes afterward or has the potential. We have to clarify that and bring back a report next time. Commissioner Chiniaeff felt this project should not be continued. Robert Kemble, applicant representative, concurs with staff findings. t/PCMin/O80591 17 Commissioner Blair felt we could not decide until clarification of parklands. Commissioner Chiniaeff made a motion seconded by Commissioner Ford to close the public hearing at 10:10 and to recommend adoption of Negative Declaration and recommend approval of Vesting Tentative Parcel Map No. 25418 subject to conditions as modified and adopt a resolution entitled: RESOLUTION NO. 91-79 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF VESTING TENTATI~/E PARCEL MAP NO. 25418 TO SUBDIVIDE A 36.4 ACRE PARCEL INTO 5 COMMERCIAL PARCELS AND 9 OPEN SPACE PARCELS LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79 AND KNOWN AS ASSESSOR'S PARCEL NO. 926-013-012. AYES 4 COMMISSIONERS: Fahey, Ford, Hoagland, Chiniaeff NOES I COMMISSIONER: Blair in .6 order addirk m allo, :anding an H~ a ite~ ntil At CO """. / "'~ Z was made ~lic Au econ sly. Iland fo "s m! Ioc~ Th~ inl of ~n the' Ib/PCMin/OeOS91 18 ITEM NO. 17 CITY CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: DATE: Department of Public Works August 27, 1991 SUBJECT: Avenida De La Reina - Temporary Street Closure PREPARED BY: Douglas MacPherson, Senior Transportation Engineer RECOMMENDATION: The Traffic and Transportation Commission recommends that the City Council consider the temporary closure of Avenida De La Reina between Calle Aragon and Corte Arroyo Vista for six (6) months to determine the feasibility of implementing a permanent closure. BACKGROUND: Prior to the Traffic Commission's February 27,1991 meeting, the Department of Public Works received several requests from residents regarding traffic conditions on Avenida De La Reina between Rancho California Road and Rancho Vista Road. The residents were concerned about speeding, infiltration of through traffic on Avenida De La Reina, and bus fumes from the School District facility. At the February 27, 1991 Traffic Commission meeting, a petition was received signed by 75 residents in the area reinforcing concern for the issues mentioned earlier. At the April 24, 1991 Traffic Commission meeting, a Scope-of-Work proposed by Staff for an in-depth analysis of the traffic conditions on Avenida De La Reina was approved. In early May, the City Council authorized this study and approved the funds ($12,500). EXISTING CONDITIONS: Avertida De La Reina is a generally north-south 4-5 block-long street which connects Rancho California Road and Rancho Vista Road via Calle Bahia Vista (Figure 1 ). This street is a 44-foot wide roadway which passes through a "residence district" as defined by the requirements of the California Vehicle Code Section 515. The south leg of the Avenida De La Reina/Rancho Vista Road intersection is one of the major driveways to the Temecula Valley High School parking lot. The basic traffic problem is that through traffic, perceived to be students and other vehicles associated with Temecula Valley High School, is short-cutting between Rancho California 1 pwOl\agdrpt\0827.03 Road and the High School via Avenida De La Reina. This is occurring three (3) times daily on school days (early morning before classes, mid-day during lunch, and mid-afternoon after classes). STUDY RESULTS: Recent 24-hour counts taken in the area indicate Avenida De La Reina is carrying between about 730 vehicles and 1050 vehicles per day (total both directions). Adjacent to the neighborhood, Rancho Vista Road carries about 4300-4400 vehicles daily, while Rancho California Road is carrying about 10,000 vehicles daily near Calle Bahia Vista, and 11,000 vehicles daily near Margarita Road. The AM peak hour traffic volumes on Avenida De La Reina range from 204 vehicles (total both directions) near Rancho Vista Road to 179 near Rancho California Road. Peak hour traffic volumes are normally expected to be approximately 10% of the average daily traffic. Avenida De La Reina near Rancho Vista Road has a volume of 817 VPD with an AM peak hour volume of 204, or 25% of the daily count. That this is more than double the expected conditions indicating the level of infiltration of through traffic which is occurring during this period. During the AM peak half-hour 148 vehicles used Avenida De La Reina. This averages to about one vehicle every 12 seconds for this 30-minute period. This does not allow adequate gaps for residents to safely exit their driveways or for pedestrians to cross the street during the time of day when they are most likely to need access. Video footage taken by residents and actual observation in the field clearly indicate that a significant level of infiltration of through traffic is occurring on this street, particularly during the AM peak period. DISCUSSION: The basic desire of residents along Avenida De La Reina is to close the street to remove through traffic. The issue of when and under what conditions streets should be closed is an issue the City needs to consider carefully on a case-by-case basis. Significant numbers of street closures could result in a fragmented street system which loses its capability to transport the community from point to point without unnecessary delay and increased circuitry, and associated increases in noise and air pollution. Fragmentation of the street system can also create significant increases in emergency vehicle response times, confusion to necessary delivery and construction travel in the City, and to other visitors and business activity necessary for economic vitality. Many issues need to be satisfactorily addressed before a street closure should be seriously considered including the following: 2. 3. 4. Is the environmental capacity of the roadway exceeded? Are the driveway and pedestrian movements extremely constrained? Are safe gaps available at intersections for vehicles to enter the roadway? Do the substantial majority (2/3 to 3/4) of the residents concur with the possible street closure? Are there viable alternatives for both residents and diverted traffic? Will diversion cause the problem to be shifted to another adjacent/nearby street? Will emergency access have acceptable alternatives (no major response time increases)? 2 pwOl \agdrpt\0827.03 ALTERNATIVES TO STREET CLOSURE: During this study, Staff has considered several alternative measures (to street closure) to relieve this problem which have been found to be inappropriate to resolve the significant infiltration problem which is occurring. Alternatives included: Discussion with the School District to encourage students and others to use alternative major roadways rather than Avenida De La Reina. Installation of a 4-way STOP sign in the middle along Avenida De La Reina at Corte Alhambra/Corte Arroyo Vista. 3. Consideration of turn prohibitions on Rancho California Road/Rancho Vista Road. Despite discussions with school representatives and their cooperation to request school associated traffic to use perimeter major roadways rather than short-cutting through local neighborhoods no measurable relief to the problem on Avenida De La Reina was noticed. Because the STOP sign causes a substantial inconvenience to motorists (and increases associated noise, fuel consumption and air pollution) it should be used only when warranted. Following a full warrant study, this location did not satisfy warrants nor would the primary neighborhood concerns (speed and traffic infiltration) be resolved by this device. The primary purpose of a stop sign is safe right-of-way assignment, not as a method of speed or volume control on a street. Turn prohibitions (left/right turn prohibitions from Rancho California Road and Rancho Vista Road to reach Avenida De La Reina) would require constant enforcement to be effective and further restrict all of the access into the neighborhood for residents during the time the restrictions are in effect. CONSIDERATION OF AVENIDA DE LA REINA: As indicated in the previous discussion, alternatives to street closure do not appear feasible to resolve the problem on Avenida De La Reina. The following discussion addresses itself to the many issues which need to be considered before a street closure should occur. a, Is the environmental capacity of the roadway exceeded? Typically the environmental capacity of a 2-lane roadway in a residential atmosphere is in the 3,000-3,500 vehicles per day range which normally corresponds to around 300 vehicles per peak hour. Although Avenida De La Reina carries about 1000-1100 vehicles per day the peak AM half hour period (148 vehicles) is equivalent to about 300 vehicles per hour. This occurs because the peaking characteristics are a much higher percentage of the daily total than normally expected, reflecting a high level of infiltrating traffic on this street. b, Are driveway and pedestrian movements extremely constrained? Vehicle spacing during the peak half-hour period averages about 12 seconds. Since a typical driveway maneuver (worst case backing out) should require 10-15 seconds, a significant level of interference would be anticipated at this level of traffic. Videos and observation of this street verify the inconvenience that residents and pedestrians are experiencing. 3 pwOl\agdrpt\0827.03 Ce Are safe gaps available at intersections for vehicles to enter the roadway? Generally a 6.5-7.0 second gap is required for vehicles at a STOP location to make a left turn into the traffic stream of a 2-lane roadway with the speeds that exist on Avenida De La Reina. The average 12-second gaps on Avenida De La Reina should generally allow this movement, however, the probability of shorter gaps with short term peaking may result in some difficulty with this maneuver during peak times· Do the substantial majority of residents (2/3 to 3/4) concur with possible street closure? Figure 2 shows the "Dear Resident" letter which was mailed to each of about 300 residents who would be effected by this possible street closure. Staff's experience with this project indicates that the majority of residents favor the closure. Exact results of the polling of the neighborhood will be available to the City Council at the public hearing. Are there viable alternatives for both residents and diverted traffic? Residents living north of the closure will not have direct access to the southern portion of the neighborhood nor direct access to Rancho Vista Road. Similarly residents living south of the closure will not have direct access to the northern portion of the neighborhood nor direct access to Rancho California Road. Resident's are aware that this minor inconvenience (using major roadways on the perimeter of the neighborhood) is necessary to remove through traffic from their neighborhood. Through traffic more properly belongs on the perimeter roadway system (i.e. Rancho California Road, Rancho Vista Road, and Meadows Parkway rather than Avenida De La Reina). The possible closure of Avenida De La Reina will assure that through traffic is diverted to those roadways. The level of diverted traffic is expected to have less than a 5% impact on perimeter major roadways which can better accommodate this traffic. Will diversion cause the problem to be shifted to another adjacent/nearby street? With the closure occurring in the middle of the neighborhood between Calle Aragon and Corte Arroyo Vista/Corte Alhambra through traffic will be diverted to major perimeter roadways not to another residential roadway such as Avenida De La Reina. g, Will emergency access have acceptable alternatives (no major response time increases)? The temporary street closure has been designed to allow the passage of emergency vehicles through a locked gate within the closure area. This maneuver is expected to have minor impact on response time. ALTERNATIVE CLOSURE LOCATIONS: Closure of Avenida De La Reina could be effectively accomplished at any of three locations; At Rancho Vista Road Between Calle Aragon and Corte Arroyo Vista/Corte Alhambra On Calle Bahia Vista at Rancho California Road Closure at Rancho Vista Road Closure at Rancho Vista Road restricts direct access from Rancho Vista Road to Avenida De La Reina. This alternative still provides access to the neighborhood from Rancho California Road. However, indirect access to Avenida De La Reina will be available to through traffic, 4 pwOl \agdrpt\0827.03 residents, and emergency vehicles from Rancho Vista Road by diverting to Calle Rio Vista, Corte Alamar and Corte Arroyo Vista. Since this alternative would divert traffic to other residential streets this alternative is not recommended. Closure on Calle Bahia Vista at Rancho California Road Closure on Calle Bahia Vista would restrict direct access to Avenida De La Reina from Rancho California Road. This alternative still provides access to the neighborhood from Rancho Vista Road. However, indirect access to Avenida De La Reina will be available to through traffic, residents, and emergency vehicles by diverting to Calle Aragon. Since this alternative would divert traffic to other residential streets this alternative is not recommended. Closure between Calle Aragon and Corte Arroyo Vista/Corte Alhambra This alternative prevents any through traffic from passing through the neighborhood between Rancho Vista Road and Rancho California Road. This alternative also restricts residents and emergency vehicle access. Access to/from the neighborhood north of the closure would be limited to Rancho California Road. Similarly access to/from the neighborhood south of the closure would be limited to Rancho Vista Road. The closure plan provides for emergency vehicle access to the entire neighborhood from either Rancho Vista Road or Rancho California Road through a locked gate which is accessible to emergency vehicles. CONCLUSIONS: It is the opinion of the Department of Public Works that due to 1 ) the significant interference to driveway maneuvers and pedestrian activity associated with through traffic infiltration, 2) the ability of diverted traffic to be accommodated with little impact on adjacent major roadways or on travel time or inconvenience, 3) the fact that through traffic will not divert to other neighborhood streets, and 4) that emergency access response times will not be measurably changed, a temporary closure of Avenida De La Reina should be implemented for a period of six (6) months. During the trial period further study will be conducted to determine the effectiveness of the closure and to identify any other pertinent issues which may occur with the closure. If the results are found to be satisfactory, then a permanent closure should be designed and constructed. If the results are found to be not satisfactory then the closure should be modified or removed and other methods of traffic control investigated. THE CLOSURE: Should the closure be approved by the City Council, the closure will be accomplished with appropriate advance traffic signing warning of the closure. Barricades with warning signs will be placed on Avenida De La Reina at both Calle Aragon and Corte Arroyo Vista/Corte Alhambra to physically close the street to all vehicles except emergency vehicles. In the closure area between Calle Aragon and Corte Arroyo Vista/Corte Alhambra the street will also be fenced with 5-foot high chain link fence from curb-to-curb with an emergency access locked swing gate in the center for use by emergency vehicles. Pedestrians will be able to walk through the area on the sidewalk adjacent to the closure. An exhibit showing the closure drawing will be available at the Council meeting. 5 pwOl\agdrpt\0827.03 FISCAL ANALYSIS: The estimated cost of the temporary closure is $11,700, including signs, barricades, and fencing. Funds are available in the street maintenance account for this construction. 6 pwO 1 \agdrpt\0827.03 CITY OF TEMECULA AVENIDA DE LA REINA TRAFFIC STUDY 0 0 LA REINA CL o ,3'UR~· CAL~ R,O City of Temecula 43174 Business Park Drive · Temecula, California 92590 August 13, 1991 Ronald J. Parks Mayor Patrlcla H. Birdsall Mayor Pro Tem Karel F. Llndemans Councilmember Peg Moore Councilmember J. Sal Mufioz Councilmember David F. DIxon City Manager 17141 694-1989 FAX 17141 694-1999 Dear Resident: The City of Temecula wishes to advise you that a public meeting will be conducted by the City Council of the City of Temecula on August 27, 1991 at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, at 7 PM. The public meeting is for the purpose of receiving input regarding the luly 24, 1991 recommendation of the City' s Traffic and Transportation Commission to the City Council to institute a temporary closure of Avenida De La Reina between Rancho Vista Road and Rancho California Road for a temporary period not to exceed 6 months. The actual closure of Avenida De La Reina will occur between Calle Aragon and Cone Alhambra/Cone Arroyo Vista. This measure has been found appropriate by the Traffic and Transportation Commission to re-direct through traffic which has been infiltrating the local neighborhood on and adjacent to Avenida De La Reina. Significant interference to residents in the neighborhood has been identified by a City staff traffic study of this situation. This study has found that re-directed through traffic can be adequately accommodated on the perimeter major street system around this neighborhood. Emergency access will be provided through the temporary closure. (Copies of the City staff report to the Traffic and Transportation Commission and of the staff report to the City Council for this public meeting can be obtained at the City of Temecula public information counter, 43174 Business Park Drive, Monday-Friday from 9:00 AM to 4:00 PM.) The City wishes to advise each resident in the Avertida De La Reina area that some access restrictions will occur for all residents. Residents living north of the closure will no longer have direct access to Rancho Vista Road, similarly residents living south of the closure will no longer have direct access to Rancho California Road. These adjustments in travel patterns are necessary to re-direct through traffic from the area. If you have an opinion on this issue and are unable to attend and speak to the City Council on August 27, 1991 please indicate your opinion and comments on the enclosed postcard and return them to the City as indicated. Public Works Department 43174 Business Park Drive Ternecula, CA 92590 TEMPORARY CLOSURE OF AVENIDA DE LA REINA YES, I AGREE Iwith the closure) NO, I DISAGREE (with the closure) D [] Comments: (Narne-P~ease Print) (Signature-Please Sign) lAddress) (Address) ITEM NO. 18 APPROVAL CITY MANAGER ~~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Assistant City Manager DATE: August 27, 1991 SUBJECT: Adoption of an Urgency Ordinance Amending Chapter 2.20 of the Temecula Municipal Code and Approval of an Interim Multi Hazard Functional Plan RECOMMENDATION: Approve and adopt the Interim Multi-hazard Functional Plan for the City of Temecula. 2. Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.20, "DISASTER RELIEF" OF THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES THEREOF AND AMENDING DEFINITIONS AND PENALTIES BACKGROUND: Attached is a synopsis of the proposed Interim Multi-Hazard Functional Plan which has been prepared in accordance with the guidelines of the State Office of Emergency Services. This interim plan provides a basis for the City to respond to emergencies. The plan itself is a large document and a synopsis is provided for your convenience in reviewing the actual procedures with which the City will respond. The full text of the Multi-Hazard Functional Plan is available for your review in the library at City Hall· There are several important annexes which must be included in the plan. The first, Annex A, provides for designating the City's emergency operation center and the design of the organization to carry out the activation of the center. This Plan has been developed as an interim plan and needs further refinement to fit the specific needs of the City of Temecula. Additional annexes will soon be developed to augment the existing plan and those annexes will include fire and rescue procedures, law Agenda Report Multi-Hazard Functional Plan and Disaster Relief Ordinance Page 2. enforcement responsibilities, medical health response, care and sheltering methods and evacuation procedures. This interim plan will provide City personnel with a command and response system to be followed in the event they are required to respond to an emergency situation. The ordinance has been developed to provide the basic framework required for effective response by the City in the event of a disaster. It is consistent with the regulations of the State Office of Emergency Services for provision of emergency services and is consistent with the State standardized approach to emergency management. I am recommending this ordinance be adopted, as an urgency ordinance, to insure that the health, safety and welfare of the community is not placed in jeopardy because the City of Temecula does not have an operable framework for managing disaster occurrences. FISCAL IMPACT: None ATTACHMENTS: Urgency Disaster Relief Ordinance Interim Multi-Hazard Functional Plan Synopsis ORDINANCE NO. 91-_ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.20, "DISASTER RELIEF" OF THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES THEREOF, AND AMENDING DEFINITIONS AND PENALTIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.20, "Disaster Relief," of the Temecula Municipal Code is hereby amended to read as follows: "Chapter 2.20 DISASTER RELIEF Sections: 2.20.010 2.20.020 2.20.025 2.20.026 2.20.030 2.20.040 2.20.050 2.20.060 2.20.070 2.20.080 2.20.090 2.20.100 2.20.110 2.20.120 · 2.20.130 2.20.140 2.20.150 2.20.160 2.20.170 General Purposes. Definitions. Disaster Council Established, Membership. Disaster Council Powers and Duties. Disaster Corps. Disaster Corps -- Activation. Disaster Director. Disaster Director -~ Powers and Duties. Office of Disaster Preparedness. Powers on Succession. Orders by Members of Disaster Corps. Line of Succession for Council Members. Emergency Operating Centers. Prohibited Acts During Emergencies. Proclamation of Emergency -- Effective When -- Term. Proclamation of Emergency -- Rules and Regulations -- Powers of Disaster Director. Requisition of Equipment or Personnel. Termination of Emergency. Penalty for Violation. 2lOrds/14 I 2.20.010 General purposes. The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the City with the County and with all other public agencies, corporations, organizations, and affected private persons. 2.20.020 Definitions. As used in this chapter: (a) "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the federal government indicating that such an enemy attack is probable or imminent. (b) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of the magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extra ordinary measures beyond the authority vested in the California Public Utilities Commission. (c) "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. (d) Other terms used herein shall have meanings as used in the California Emergency Services Act. 2lOrds/14 2 2.20.025 Disaster Council Established. Membership. The City of Temecula Disaster Council is hereby created and established and shall consist of the following individuals: (1) The City Manager, who shall be the Chair of the Council; (2) The Coordinator of the Office of Emergency Services, who shall be designated by the City Manager and who shall serve as Vice-Chair of the Council; (3) Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this Chapter; 2.20.026 Disaster Council Powers and Duties. It shall be the duty of the City of Temecula Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon the call of the Council's Chair or in the Chair's absence from the City or inability to call such meeting, upon the call of the Council's Vice-Chair. 2.20.030 Disaster Corps. The City disaster corps consists of all officers and employees of the City and its agencies, together with all volunteers and all groups, orga- nizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the City. The officers of the City shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the City, and to conduct the activities thereof. 2.20.040 Disaster Corps -- Activation. The disaster corps shall be activated and shall function as a disaster relief body, only: (a) Upon the existence of a "state of war emergency"; (b) Upon the declaration by the Governor of the state, or of persons authorized to act in his stead, of a "state of emergency" affecting and including the City; 2lOrds/14 3 (c) Upon the declaration of a "local emergency" by the Board of Supervisors of Orange County, or by persons authorized to act in its stead, affecting and including the City; or (d) Upon the declaration of a "local emergency" by the City Council of the City, or by persons herein authorized to act in its stead. 2.20.050 Disaster Director. The City Manager shall be the disaster director. In the City Manager's absence or inability to act the City Manager shall automatically be succeeded as disaster director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the City. 2.20.060 Disaster Director -- Powers and Duties. The disaster director shall have the following powers and duties: (a) To make key appointments, and to make all other appointments or delegate the making of the same, within the disaster corps; (b) To request the City Council to proclaim the existence of a "local emergency" if said Council is in session, or to issue such proclamation if said Council is not in session. Whenever a "local emergency" is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review the necessity for continuing the "local emergency" no less frequently than every fourteen days until the emergency is terminated; (c) During the existence of a "state of war emergency", or the proclaimed existence of a "state of emergency" or a "local emergency" affecting the City, to: (1) Control and direct the activities of the City disaster corps; (2) Use all City resources for the preservation of life and property and to reduce the effects of disaster; (3) in disaster operations; Resolve questions of authority and responsibility that may arise (4) Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the City for the fair value thereof or by commandeering the same; (5) Delegate to elected and appointed officials of the City such duties and authorities as he deems necessary; 2lOrds/14 4 (6) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein; (7) Require performance of emergency services by any City officer or employee and to command the aid of as many citizens of the City has he thinks necessary in the execution of his duties; and (8) Exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws; (d) In addition to the powers granted herein, the director shall have such powers incidental to the performance of his duties as shall be necessary to allow him to carry out the disaster operations plan of the City, it being the intent of this Chapter that the enumerated powers herein are not limitations upon his powers. 2.20.070 Office of Disaster Preparedness. There is created the City Office of Disaster Preparedness, which shall consist of such positions as may be established by the City Manager. 2.20.080 Powers of Succession. Each person who shall succeed to each position or office as provided herein, and as provided in the disaster operations plan of the City shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. 2.20.090 Orders By Members Of Disaster Corps. During the existence of a "state of war emergency" or of a proclaimed "state of emergency" or "local emergency" affecting the City, each member of the City disaster corps shall have authority to require that all persons shall follow reasonable orders given by him within the scope of his functions in order to execute the disaster operations plan of the City, and the willful failure of any person to follow such reasonable order or orders is a misdemeanor. 2.20.100 Line Of Succession For Council Members. The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the City Council, shall be Mayor pro tempore followed by the remaining City Council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8638 of the Government Code of the State. 2.20.110 Emergency Operating Centers. Unless exigencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the City; one of these at the City Hall, and the other at the police headquarters. 2lOrds/14 5 2.20.120 Prohibited Acts During Emergencies. It is a criminal act and a misdemeanor for any person during a state of emergency, war emergency, local emergency or other condition of disaster: (a) To willfully obstruct, hinder or delay any member of the City disaster corps in the enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such disaster corps member by virtue of this chapter; (b) To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or (c) To wear, carry or display, without authority, any means of identification specified by the emergency services of disaster or civil defense agencies of the federal or state governments. 2.20.130 Proclamation Of Emergency -- Effective When -- Term. The proclamation of local emergency provided herein shall become effective immediately upon its issuance and shall be disseminated to the public by appropriate news media. Such a state of local emergency shall exist from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated by the governing body. 2.20. 140 Proclamation Of Emergency -- Rules And Regulations -- Powers Of Disaster Director. After the issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by said emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the City Council. In addition to those powers and duties set forth in Section 2.20.060, the disaster director is granted, but shall not be limited to, the following powers: (a) CURFEW. The disaster director may order a general curfew applicable to the entire City or such geographical areas thereof as he deems necessary to protect the public health, safety, welfare and morals. As used herein "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, 2lOrds/14 6 firemen and law enforcement officers and other such personnel as well as those specifically authorized to duty by duly delegated authority are exempted from the foregoing curfew requirements; (b) BUSINESS CLOSING. The disaster director may order the closing of any business establishments anywhere within the City, such businesses to include but not be limited to those selling alcoholic beverages, gasoline or firearms; (c) ALCOHOLIC BEVERAGES. The disaster director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages shall be found by the disaster director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency; (d) WEAPONS. The disaster director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property; (e) CLOSED AREAS. The disaster director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency. The foregoing specific authorizations of authority vested in the disaster director and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 2.20.150 Requisition Of Equipment Or Personnel. Once a proclamation of emergency is issued, the disaster director may request from the Governor all necessary assistance, requisition necessary personnel or materials from any City department or other source, control and direct all City personnel and equipment, obtain vital supplies and such other properties found lacking and needed for the protection of life and property, and bind the City for the fair value thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency. The disaster director may also require emergency services of any City official or employee and may command the aid of as many citizens of this City as he determines to be necessary in the execution of his duties. Such person shall be entitled to all privileges, benefits and immunities as are provided by State or local law for registered civil defense and disaster worker volunteers. 2.20.160 Termination Of Emergency. Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate upon the issuance of a proclamation by the governing body terminating the emergency. 2/Ord s/14 7 2.20.170 Penalty For Violation. Any person violating any provision of this Chapter or any executive order issued pursuant thereto is guilty of a misdemeanor and subject to punishment in accordance with Section 1.01.230 of this Cede. It shall also be a misdemeanor, subject to punishment in accordance with Section 1.01.230 of this Code, for any person during an emergency, to: (1) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Chapter, or in the performance of any duty imposed upon him by virtue of this Chapter. (2) Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. (3) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State. '° SECTION 2. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. This Ordinance shall be in full force and effect immediately upon adoption. The facts constituting the urgency are it is necessary to insure that the health, safety and welfare of the community is not placed in jeopardy because the City of Temecula does not have an operable framework for managing disaster occurrences in place at the present time. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this__ day of ,1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 2/Ords/14 8 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of , 1991, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F. Field, City Attorney 2/Orals/14 9 SYNOPSIS OF MULTI--HAZARD FUNCTIONAL PLAN C I TY O F T EMECU L A INTRODUCTION State and local governments share a responsibility to be prepared for emergencies which threaten the citizens and resources within their jurisdictions. Under the California Emergency Services Act, state and local officials have emergency powers to meet this responsibility. Jurisdictions must develop and maintain plans and programs that enable them to discharge this responsibility in time of emergency. Section 8568 of the California Emergency Services Act states that "the State Emergency Plan shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof." Local emergency plans are, therefore, considered to be extensions of the California Emergency Plan. In 1985, the Governor's Office of Emergency Services, in an attempt to standardize jurisdictional emergency plans throughout the state, published a Multi-Hazard Functional Plan Guidance document. This text builds on the California Emergency Plan and sets a standard for the conduct of emergency operations throughout the state. It is essential that local plans build on this foundation to create a more effective emergency response structure. The Riverside County Fire Department's Emergency Services Division has been working with Temecula city staff throughout the past year to develop a Multi-Hazard Functional Plan (MHFP) for the jurisdiction. There have also been several training sessions conducted by the Emergency Services Division to familiarize staff with the various functional components of that plan. MULTI-HAZARD FUNCTIONAL PLAN OBJECTIVES The overall objective in developing a plan for managing emergency operations is to ensure the effective management of city personneI and resources in preparing for and responding to situations associated with natural disasters, technological incidents, or nuclear defense emergencies. The plan is a preparedness document and is intended to be read and understood prior to an emergency. The development, adoption, and implementation of a viable Multi- Hazard Functional Plan also lends additional protection to the city from vicarious liability claims. Page 2 - Synopsis ORG/~NIZATIONPiL STRUCTURE OF THE PLAN The Multi-Hazard Functional Plan has been organized into three parts as follows:. Part One is an overview of the basic principals of emergency management. It includes: The authorities and references (federal, state and local) on which all emergency management is based. The development of a "Responsibility Matrix" which delineates specific responsibilities to certain departments or personnel within the city structure. This matrix and its various responsibility designations is consistent with the Disaster Relief Ordinance being presented for Council adoption. A comprehensive hazard analysis of the jurisdiction, and the impact each hazard would have on the city. The seven areas addressed within the plan include: - Earthquake - Hazardous Material Incident - Flooding - Dam Failure Major Fire / Wildfire - Nuclear Incident - Transportation Incident Part Two of the plan includes the functional annexes. These annexes are developed according to the departmental assignments determined by the "Responsibility Matrix". They contain checklists and standard operating procedures to assist the city departments in carrying out their designated emergency response function. Currently, Annex A is completed. This annex gives specific guidelines for the city's emergency management organization. Some of these functions include: Designation of the city's Emergency Operations Center and the organizational design for carrying out the activation of that Center. Page 3 - Synopsis - Alerting and warning procedures. - Dissemination of public information. - Emergency situation analysis and damage assessment operations. - City communications capabilities. Other annexes will soon be developed to augment the existing plan and will include fire and rescue procedures, law en£orcement responsibilities, medical/health response, care and sheltering methods, and evacuation procedures. Part Three of the Multi-Hazard Functional Plan contains operational data such as listings of resources, key personnel, essential facilities, contacts, and other data needed for conducting emergency operations. Currently, an Emergency Resource Directory has been developed for Temecula. Additional work is being done to provide more information for this directory which will facilitate in obtaining necessary supplies and equipment in the event of an emergency. SUMMPa~Y Realizing the vital importance of local government emergency planning and preparation, the State of California has developed specific quidelines, according to the CaliforniaEmergency Services Act, for jurisdictional emergency operations plans. In keeping with that directire, the City of Temecula, with guidance from Riverside County Fire Department / Emergency Services Division, has been proactive in working to develop a city specific Multi- Hazard Functional Plan which complies with state instructions. The plan now requires adoption by city council to complete the process. This plan is critical in ensuring the city's viability in emergency situations and is indication of the jurisdiction's ongoing commitment to the protection of persons and property within the City of Temecula. Z ..J 0 C) N -6 c n.- :D t-- C) :D n,- I <> <> <} i m ) E -o'~ n o'~ (I) -~- U..I 0 ,,- o o E rr 'o o '- >- LU -o o ~-~ : CS> 0 Q.>"' =o~F_.'~.' >- ~ ~- _ _J ._ ~ u_OE~r~D c~ ~ o . , _~ ~E© P- ~ o? o c -- O~ c >-< uJ NO>, LU< < ITEM NO. 19 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY EAGER D~ TO: FROM: DATE: SUBJECT: CITY' OF TEMECUI-A A GENDA REPORT City Council David F. Dixon August 27, 1991 Economic Development Brochure RECOMMENDA T/ON: It is recommended that the City Council choose two of its members to work with the City Manager in developing a comprehensive economic development and business information program. STAFF REPORT: Over the course of the last several weeks I have reviewed materials from various graphic and marketing firms in Temecula who could provide us with a public relations/public information program. The purpose of a public relations/public information program would be to better inform and publicize the fact that the City of Temecula now exists and that a name change has taken place from Rancho California to Temecula by virtue of incorporation in 1989. We also need to expand the scope of public awareness to provide information locally to our residents so they can be better informed as to the activities in the City, the direction the City is taking, and to solicit comments from them in terms of the goals and objectives for the community. The work program would include a lifestyle brochure with changeable inserts, a newsletter produced quarterly, and materials which can be used for major conferences and conventions. The public relations/public information consultant may also be involved with the production of a video to assist the City in telling its story to promote economic development activities and generate acceptance by the financial community. As noted above, the public relations/public information program is extensive. The selection of a consultant will be important and should be approved by the City Council pursuant to a request for qualifications and interviews. Agenda Report: Economic Development Brochure August 27, 1991 Page 2 I would recommend that the City Council appoint two members of its body to work with the City Manager in developing this comprehensive public relations/public information program. FINANCIAL IMPACT: None. Fiscal impact will be determined upon the selection of a consultant and a work program. ITEM NO. 20 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ / TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager August 27, 1991 Appointments To Old Town Historic Review Committee RECOMMENDATION: Appoint a five (5) member Old Town Historic Review Committee to operate within the guidelines adopted August 13, 1991. BACKGROUND: At the City Council meeting of August 13, 1991, Council reviewed and approved the proposed guidelines for the Old Town Historic Review Committee directing staff to make a modification to the residency requirement. You also asked staff to review the appointment procedures used in the past and asked that this matter be continued for a two week period. Council has used several methods to make appointments in the past. The original appointments to this committee were made by Council on July 3, 1990. Five members and an alternate were selected, using a simple nomination process. You may wish to use this method again and have each member of the Council nominate a member to fill one of the five committee positions. Council has also adopted a more complex procedure (Admin Policy and Procedure No. 002) for making Commission reappointments. This procedure requiri~s a period of advertising, screening of applications by an Ad Hoc Committee of the Council and interviews of the final candidates by the entire Council. A copy of that Policy and Procedure is attached for your review. Should it be your desire to follow this Policy and Procedure in making your selection of this Committee, staff would recommend that you consider making interim appointments for a period of time sufficient to allow for the selection process to be completed. ATTACHMENT: Old Town Historic Review Committee Operational Guidelines Admin Policy and Procedure No. 002 JSG Pro. ~}03 Admin Date 8/13/91 Dept. City Manager CITY OF TEMECULA Policies and Procedures Old Town Temecula Historic Review Committee Operational Guidelines The City Council of the City of Temecula, recognizing the benefit to the community in establishing a committee to review proposed new developments in the Historic Preservation District, hereby establishes the Old Town Temecula Historic Review Committee. This committee will be charged to serve as a sub-committee working directly with the Planning Commission. It will review the design, authenticity of architectural style and appropriateness to the area and consistency to the Specific Plan for all proposed developments within the boundaries of the Temecula Historic District. GENERAL PROVISIONS 1. Number of Members. This committee shall consist of five (5) members. Ouali~cations. No member of any committee shall be a City employee, nor shall any person be a member of more than one commission or committee at any one time. No person shall be eligible for appointment for more than two full consecutive terms (six (6) years). Members: Appointment and Removal. Members of this committee shall be appointed by the City Council of the City of Temecula, subject to the approval of a four-fifths (4/5ths) majority of the City Council. A majority of the Council may remove an appointee for good cause. The chairperson and Recording Secretary of this Committee shall be selected by a majority of the membership of the Committee. Term, The term of each committee member shall be three (3) years with staggered terms. Initially, all five members may be selected at one time. In order to achieve staggered terms, one member shall be appointed to a term of three (3) years; two for terms of two (2) years; and two for terms of one (1) year. Said terms to be determined by drawing of lots. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in this Policy and Procedure. Policies and Procedures Administrative Pro.//003 8/13/91 Page 2 Vacancies. Vacancies on this Committee will be filled pursuant to the procedures established in Administrative Policy No.//002, approved by the City Council June 12, 1991. Meetings/Quorums. The meetings of this Committee with be on an "as needed" basis and at the specific request of the Director of Planning. A quorum of three members shall be required for the transaction of any business. The Committee Chairperson or his/her designee shall attend and report the Committee recom~nendations to the Planning Commission at their next regularly scheduled meeting. Absence from meetinRs. Should any member be absent from any three (3) consecutive meetings of the Committee without excuse acceptable to the City Council, that member shall vacate his/her seat on the Committee. The vacancy shall be filled in the same manner as any other vacancy. Compensation. no compensation. Unless otherwise required by law, committee members shall receive Pro. //02 Admin Date 6/12/91 Dept. City Manager CITY OF TEMECULA Policies and Procedures City Commission Resignations and Reappointments The Municipal Code of the City of Temecula, Chapter 2.06, contains the general provisions which govern the City's commissions. The matter of resignations and reappointments however, has not been addressed and the purpose of this Policy and Procedure is to provide direction in dealing with these circumstances. RESIGNATIONS In the event a commission member resigns before the expiration of his/her term, Government Code Section 54974 requires that a Notice of Vacancy (form No. COM-002) be posted for a minimum of 10 days prior to filling the position. The City of Temecula will also place a legal notice in at least two newspapers of local circulation to advise the public that a position is available (Exhibit A attached). The following steps will then be initiated: Applications should be submitted on the Application for Appointment to Commission (form No. COM-001), which will be available and accepted in the City Clerk's Office. The City Clerk will provide a set of copies of the applications to the City Councilmembers assigned as the Commission liaison and alternate for review and interviews if they so desire. The top candidate(s) selected by the review panel will be invited to an interview by the City Council. , The successful candidate will be appointed by the City Council (a 4/5 majority is required) at their next regular meeting and will be sworn in by the City Clerk. The newly appointed Commissioner will assume the vacant position at the next regularly scheduled Commission meeting and will complete the unexpired term of office. Policies and Procedures Administrative Pro.//002 6-11-91 Page 2 REAPPOINTMENTS The term of each commission member shall be three (3) years. Three months before a commission term expires, the City Clerk will post a Notice of Expiration Date (form No. COM- 003) and will cause this notice to be published in at least two (2) newspapers of local circulation. The City Clerk will also provide the incumbent commission member(s) with an Application for Appointment to Commission (form No. COM-001). Applications received will then be processed in the following manner: Applications should be submitted on the Application for Appointment to Commission (form No. COM-001), which will be available and accepted in the City Clerk's Office. The City Clerk will provide a set of copies of the applications to the City Councilmembers assigned as the Commission liaison and alternate for review and interviews if they so desire. The candidate(s) selected by the review panel will be invited to an interview by the City Council. The successful candidate will be appointed by the City Council (a 4/5 majority is required) at their next regular meeting and will be sworn in by the City Clerk. ITEM NO. 21 APPROVAL CITY ATTORNEY ~'!]i~? FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Department of Public Works DATE: August 27, 1991 SUBJECT: Undergrounding of Utility Lines and Interim Road Widening within Ynez Corridor PREPARED BY: Tim D. Serlet, Director of Public Works/City Engineer RECOMMENDATION: That the City Council consider undergrounding the existing overhead transmission (115KV), distribution (12 & 33KV), and telecommunication facilities adjacent to Ynez Road; and constructing two (2) exterior lanes to ultimate design specifications to provide four (4) lanes of travel along Ynez Road. DISCUSSION: At the direction of the City Council, the Public Works Staff has analyzed the fiscal and scheduling impacts of the above-mentioned undergrounding on the current design project for the widening of Ynez Road to a six (6) lane facility. Presently, the construction plans for Ynez Road are ninety percent (90%) complete and it is anticipated that construction could begin in March 1992. The Southern California Edison Company has provided the Public Works Department (letter attached) with information indicating that the proposed undergrounding could delay the construction of the ultimate street improvements for an additional year and increase the total project cost by + $2,091,500. The lengthy delay in undergrounding the facilities is caused by the limited number of manufacturers on a world-wide basis that are qualified to manufacture a cable to the technical specifications required to underground a 115KV transmission line. In addition, the Public Utilities Commission requires a ten foot (10') separation from all other utilities, including Edison's own facilities, for all 115KV lines placed underground. During the design stage, the Edison Company will analyze proposed alignments based on the ten foot (10') separation rule. As a result, the line may be located in the roadway or additional easements from adjacent property owners may be required. If the cable is placed within the roadway, traffic disruption will occur on a monthly basis as possible lane closures will be necessary for maintenance of this facility. pwOl\agdrpt\0827.Ol During the design and construction of the underground cable and associated appurtenances, the traffic flow on Ynez Road could be alleviated by constructing an additional exterior lane in conformance with the ultimate design plans on each side of Ynez Road. This construction will provide a four (4) lane roadway until the poles have been removed and the undergrounding completed. The exterior lanes will be constructed to ultimate pavement section and will not be removed but used to carry traffic while the remainder of the road is being constructed. The design consultants, J.F. Davidson Associates, Inc., have analyzed this alternative and estimated that two (2) exterior lanes could be constructed for approximately ~380,000 with additional design services costing S30,000, and construction management (inspection, survey, testing) adding approximately ~84,000. The proposed construction could begin in January and be completed by June. This would provide four (4) travel lanes until the undergrounding is complete (10 months) in March of 1993. The following chart is intended to illustrate the anticipated time frames associated with the potential undergrounding and construction of the two (2) exterior lanes. Exterior Lane Construction Undergrounding Begin Design: Sep. 92 Advertise Contract: Dec. 92 Award: Jan. 92 Begin Const: Feb. 92 Complete: Jun. 92 Design: Sep. 91 - Jan. 92 Cable Manufr: Jan. 92 - Jan. 93 Underground/Install: Jan. 93 - Mar. 93 Begin 5 Lane Constr: Mar. 93 As stated earlier, the current project which involves the relocating of the power poles, anticipates starting construction in March of 1992. FISCAL ANALYSIS: Funding is unavailable from CFD 88-12 as it would be contrary to City Resolution No. 90-30 (Sales Tax Agreement). Funding could be considered from Redevelopment Agency (RDA) or other bonding sources. The additional costs to fund the undergrounding involve the actual undergrounding, the additional engineering/construction management, and that portion of the road construction costs generated by constructing a smaller section of roadway. It is estimated that constructing the additional lanes separate from the ultimate project could increase their construction cost by twenty percent (20%). The following chart summarizes the potential additional costs: Underground Design/Construction Mgmt. Add'l Cost. Cost (20%) $2,091,500. 114,000. 76,000. $2,281,500. Attachment: 6/18/91 SCE letter 2 pwO1 \agdrpt\0827.01 Southern California Edison Company 27450 YNEZ ROAD. SUITE 124 TEMECULA, CALIFORNIA 92390 D. W. DAVIES AREA MANAGER TELEPHONE (714) 695-0041 June 18, 1991 Tim Serlet City of Temecula City Engineer 43172 Business Park Drive Temecula, CA 92390 SUBJECT: UNDERGROUND COSTS FOR YNEZ ROAD Tim: The following is the order of magnitude cost breakdowns for undergrouding of the existing overhead facilities along the Ynez Road corridor. The estimate is broken down into three areas for our accounting purposes, transmission (ll5kv), distribution (12 & 33 kv), and telecommunications. Transmission Undergrounding .......... $1,240.000 Credit for relocation ................ $200,000 Total transmission cost .............. $1,040,000 Distribution undergrounding .......... $976,500 Relocation Credit .................... $75,000 Total Distribution undergounding cost.$901,500 Telecommunications Undergounding ..... $200,000 Relocation Credit .................... $50,000 Total Telecom Undergrounding Cost .... $150,000 Total Recap Transmission ......................... $1,040,000 Distribution ......................... $901,500 COMMUNICATIONS ....................... $150,000 TOTAL UNDERGROUNDING COST ............ $2,091,500 PAGE TWO TIM SERLET CITY OF TEMECULA The timelines associated with undergrounding transmission facilities must again be stressed, being one year from receipt of final plans which maybe a major issue in the decision making process. Tim, should you have any questions regarding these costs or associated concerns related to this project please call me at (714) 695-0041. Sincere~ Doug Davies DD:cas ITEM N O. 2 2 APPROVAL CITY ATTORNEY ~"'l~f~ FINANCE OFFICER' CITY MANAGERS. TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Department of Public Works August 27, 1991 Contract Amendmentto Community Facilities District 88-12 (Ynez Corridor) Engineering Services Contract with J.F. Davidson Associates, Inc. PREPARED BY: Tim D. Serlet, Director of Public Works/City Engineer RECOMMENDATION: That the City Council approve a Contract Amendment with J.F. Davidson Associates, Inc. to provide additional design services in the amount of $86,100 and authorize the Mayor to execute the Amendment. DISCUSSION: Currently, the preparation of construction plans, specifications, and estimates is proceeding on schedule and it is anticipated that construction could begin in March of 1992. However, as the design process evolved, several concerns arose that could not be foreseen at the time the original Contract was signed. The design work that has been completed, the supporting traffic studies, and the construction that has occurred along the Ynez Corridor in the past year make it appropriate to consider the following additional design items. 1) Drainage System: The existing storm drain system within Ynez Road in the vicinity of Rancho California Road is inadequate to convey the 1 O-year storm flows. The existing substandard system will be redesigned. a) Design plans and details 7,000 2) Retaining Wall Design: Due to the uncertainty of "where" and "how large" any retaining walls would be, this item was omitted from the original contract. a) Design plans and details 6,000 I pwOl\agdrpt\0827.02 3) - Solana Way Design: The project traffic studies determined that improvements to the south side of Solana Way for approximately 300 feet would be necessary to accommodate the safe movement of southbound to eastbound dual lefts. a) Design plans and details 3,000 4) Geotechnical Engineering Along I-15 for EMWD Sewer: Due to high ground water and potentially collapsible soil, the Engineers recommend a geotechnical report be prepared. a) Preparation of necessary right of entries $ 1,500 b) Preparation of report $ 9,000 $ 10,500 5) Utility Pothole Surveys: The design of certain improvements need to be coordinated with existing utilities. Determining the depth of these utilities at the design stage can prevent costly and time consuming field changes during construction. This amount is a "budgeted" not to exceed amount. a) Pothole office coordination $ 3,000 b) Field Survey 4, 100 7,100 6) Right-of-Way Coordination: The original contract documents did not provide for coordination with the Engineer preparing the additional easement documents. a) Administration and coordination ,500 7) Traffic Systems: The traffic analysis prepared in conjunction with the design indicates the following new signals and modifications will be necessary to utilize the new facility as efficiently as possible. a) New Signals i) Overdrive Drive and Ynez ii) Entrance to Target Center/Ynez 6,000 5,500 8) b) Modifications i) Motorcar Parkway/Ynez ii) Tower Plaza Signal (To be constructed prior to CFD) iii) Interconnect design to tie-in Winchester Road and Rancho Calif. Road for signal coordination Interim Design of Ynez Road 2,500 1,500 5,500 21,000 This item would cover the additional design costs necessary to add additional two (2) exterior lanes if the Edison facilities are undergrounded Total of Items I - 7: $56,100 Item 8: 30,000 Grand Total: $86,1 O0 All of the above-mentioned services will be performed on a time and materials not to exceed basis. 2 pwOBagdrpt\O827.02 FISCAL ANALYSIS: The additional design costs and associated costs are eligible for funding through the Community Facilities District. The total cost of this Amendment, including the interim, is $86,100. This would increase the existing Contract by twenty percent (20%) from $431,275 to $517,375. If the undergrounding option is not selected, the total Amendment would be $56,100, and the total Contract would be increased to $487,375. 3 pwO 1 \agd rpt\0827.02 DEPARTMENTAL REPORTS Approval: CITY ATTORNEY FINANCE OFFICER CITY MANAGER 2',', CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Chief Building Official August 27, 1991 Building Department Activity for July, 1991 RECOMMENDATION: Receive and file. DISCUSSION: During the month of July, the Building Department experienced a decrease in permit issuance as compared to permit issuance in June. Although the permit issuance totals are lower than last month, permits issued and revenue collected for the month of July is ahead of activity for this time last year. The Building Inspection staff has continued to be busy with new construction inspections as a result of the large volume of permit activity we experienced during the third and fourth quarter of last year. Projects of special note that staff are currently involved with are: NEW CONSTRUCTION: Advanced Cardiovascular Systems Paradise Chevrolet General Dynamics Commerce National Bank Primadonnas Restaurant Main Street Emporium Soup Exchange K-Mart Jefferson Creek 60% complete Recently issued 40% complete 10% complete 35% complete 75% complete Recently issued 50% complete 60% complete Agenda Report August 27, 1991 Page 2 COMPLETED OFFICE, OFFICE/WAREHOUSE SPACE: Ballatore Building (40,000 sq. ft.) Complete Hawthorne Park - 13 Buildings (400,000 sq. ft.) Valley Medical Center (36,000 sq. ft.) Temecula Valley Bank Tenant Improvements 10% complete Tenant Improvements 90% complete Complete Code Enforcement staff has contacted the residential development community and in cooperation with them has controlled the placeroe it of off-site advertising signs on weekends while being sensitive to their advertisement needs. Twenty-five (25) advertising locations have been allotted to each developer for this type of advertising as an interim measure until a permanent sign program is developed. Due to this approach, the excessive sign proliferation on weekends has been controlled by close to 65-70%. Staff has also been working with the Riverside County Fire Department on weed abatement enforcement in the City. DEPARTMENT OF BUILDING AND SAFETY Monthly Activit7 Report For: Jm.Y .:~ ..7 lq.&NS CHRCK~-n: f;?~ Remidentlnl 7 ~ - ~mm~l a ,: ~dus~houg 1 O~ers 0 T~AL: i 6 PE~S ISSED: BulldOg 170 VMuc 7.570,758 F~ 42.700 Thim ,..,l'Thim Last Last ' 1'his 1'him Lint Fi~ml Fiscal Calendar Calendar Month Month Yr/nate Yr/nate Yr/Nate Yr/Nate · ' I 7 15 26 0 I 0 5 6 0 ~ ~R 22 16 38 137 223 170 120 1076 25,6111508 7,570,758 3,455,32~ ]8.448.477 $4.484 A2.700 ~5.613 ~0S,563 ~ecudcal 88 Fees 6.551 Plumbing 72 Fees 12.650 122 88 7q 14,751 · 6,551 ~,939 59,603 I 102 72 50 13.720 12.650 3,618 67,374 697 545 Mechanical 58 Fees TOTAL $ REC'D: 68.516 THIS MONTH'S No. of PERMITS: Permits Single Family 35 Duplex 0 Multi-Family 4 Commercial 0 Industrial. 0 Rclocatc/Dcmo. 0 Swimming Pools 13 Signs 8 Other 56 ALTER/ADD To Dwelling 39 To Commercial I q To Industrial n 0--TOTAL: 170 BUILDING VALUATION This Fiscal Year to Date: S7,570.758 Last Fiscal Year to Date: 82 58 178 423/ 2771/ 119,651 68,516 37.873 520.899 No/Units Plan Check Permit ] Total Yr/Dat¢. F¢¢~ Fce~ Fees Valuation 35 5,298 t3,251 28,549 [4,416,384 o o o o 4 2,120 8,359 10,480 2,266,800 0 0 0 0 0 0 0 0 0 0 0 0 '0 0 0 13 1180 1~5~5 2,755 131,580 8 290 ~85 675 22,192 56 755 ~255 3,010 60,660 39 2,282 2,926 5,208 195,908 1~ 7,72~ ~,qAR 6,17~ ~77,712 O ~ N N O t70 14.1S2 ;2.700 46.172 7.S7N.7~R $102,158,278 This Calendar Year to Date: 4;78,448,477 Last Calendar Year to Date: RECREATION PROGRAM Summer 1991 AOUATICS: S ~er began with the start of our Aquatics Program at Temecula Elementary School Pool. An Aquatics Manager, Supervisor, Senior l_.~_~uard and 5 Lifeguards were hired and trained to provide a summer-long aquatics program. A staff safety handbook for aquatics personnel was also implemented. The pool opened for weekend public swimming Saturday June 8th. All other aquatic programs began Monday June 241h. The aquatics program offered youth swimming lessons both day and evening in the following categories: Beginner, Intermediate, Advanced Beginner, Tiny Tots, and Parent and Me. The Beginners class was the most popular class by far. The swim lesson program serviced an estimated 600 youngsters this summer. Other aquatic programs include Public Swim, Adult Lap Swim, and Family Swim Night. SUMMER DAY CAMP: Summer Day Camp for youngsters 5 - 12 years of age was held at Temecula Elementary School from 6:00 a.m. to 6:00 p.m. Monday thru Friday. The camps goal was to provide youngsters a safe, well supervised camp with regularly scheduled recreational activities. Youngsters enjoyed group games, crafts, board games, sports, contest, swimming, field trips, special guest speakers, and much more. ADULT SLO-PITCH SOFTBALL: The summer of 1991 ended the 1st Winter/Spring League implemented by the TCSD. This League concluded with an All-Star Tournament between the TCSD and CSA-143. The TCSD, needless to say, captured the victory in 3 of the 4 division All-Star games. The Winter/Spring It. ague ended in late July. ~, .tration was held for the Summer/Fall League the last week of July. A total of 56 teams registered in the following divisions: Women's, Co-Ed I, Co-Ed II, Men's I, Men's rI, Men's III, and Men's IV. The Summer/Fall Adult Softball League will play Monday through Friday on the North/South fields at Sports Park. Game times are 6:00, 7: 15, and 8:30 each night. The league will conclude the week before Thanksgiving. SOFTBAI J, TOURNAMENTS: The TCSD vs. CSA-143 All-Star Tournament was held July 23rd and July 25th. The TCSD won 3 Division Titles out of a possible 4. The Dill/Hastings Memorial Softball Tournament was held August 2nd thru August 4th. Thirty teams participated in the tournament, 5 women's teams and 25 men's teams. EXCURSIONS: Magic Mountain tickets have been on sale at the TCSD office all summer. To date 128 tickets have been sold to Temecula residents at a cost of $14.00 each. This is a savings of $10.00 per ticket. The program was very successful. On August 24th a group of 33 residents will visit the J. Paul Getty Museum in Malibu California. All will travel aboard an air condifioned coach bus. Upon arrival they will enjoy a Tour of Renaissance and European decorative arts. .Sm~CIAL INTEREST CLASSES: A variety of special interest classes are currently in progress. Some will have new sessions beginning in the fall. Gymnastics, Tap/Jazz, T-Shirt Painting, Horsemanship, Calligraphy, Guitar, just to name a few. Class sessions, exeursious, and events are scheduled for the upcoming fall quarter. Please refer to The City of Temecula Leisure Activity Guide for other information on scheduled activities. RECREATION PROGRAM Summer 1991 AOUATICS: Summer began with the start of our Aquaties Program at Temecula Elementary School Pool. An Aquatics Manager, Supervisor, S '~ Lifeguard and 5 Lifeguards were hired and trained to provide a summer-long aquaties program. A staff safety handbook for aqu,,..,~s personnel was also implemented. The pool opened for weekend public swimming Saturday June 8th. All other aquatic programs began Monday June 241h. The aquatics program offered youth swimming lessons both day and evening in the following categories: Beginner, Intermediate, Advaneed Beginner, Tiny Tots, and Parent and Me. The Beginners class was the most popular class by far. The swim lesson program serviced an estimated 600 youngsters this summer. Other aquatic program include Public Swim, Adult Lap Swim, and Family Swim Night. SUMMER DAY CAMP: Summer Day Camp for youngsters 5 - 12 years of age was held at Temecula Elementary School from 6:00 a.m. to 6:00 p.m. Monday thru Friday. The camps goal was to provide youngsters a safe, well supervised camp with regularly scheduled recreational activities. Youngsters enjoyed group games, crafts, board games, sports, contest, swimming, field trips, special guest speakers, and much more. ADULT SLO-PITCH SOFFBALL: The summer of 1991 ended the 1st Winter/Spring League implemented by the TCSD. This League concluded with an All-Star Tournament between the TCSD and CSA-143. The TCSD, needless to say, captured the victory in 3 of the 4 division All-Star games. The Winter/Spring League ended in late July. Registration was held for the Summer/Fall League the last week of July. A total of 56 teams registered in the following divisions: Won~ ~ Co-Ed I, Co-Ed II, MeWs I, Men's lI, Men's Ill, and Men's IV. The Summer/Fall Adult Softball I.atgue will play Monday through Friday on the North/South fields at Sports Park. Game times are 6:00, 7: 15, and 8:30 each night. The league will conclude the week before Thanksgiving. SOFTBALL TOURNAMENTS: The TCSD vs. CSA-143 All-Star Tournament was held July 23rd and July 251h. The TCSD won 3 Division Titles out of a possible 4. The Dill/Hastings Memorial Softball Tournament was held August 2nd thru August 4th. Thirty teams participated in the tournament, 5 women's teams and 25 men's teams. EXCURSIONS: Magic Mountain tickets have been on sale at the TCSD office all summer. To date 128 tickets have been sold to Temecula residents at a cost of $14.00 each. This is a savings of $10.00 per ticket. The program was very successful. On August 241h a group of 33 residents will visit the J. Paul Getty Museum in Malibu California. All will travel aboard an air conditioned coach bus. Upon arrival they will enjoy a Tour of Renaissance and Europa decorative arts. SPECIAL INTEREST CLASSES: ..~.~ A variety of special interest classes are currently in progress. Some will have new sessions beginning in the fall. Gymnastics, Tap/jan, T-Shirt Painting, Horsemanship, Calligraphy, Guitar, just to name a few. Class sessions, excursions, and events are scheduled for the upcoming fall quarter. Please refer to The City of Temecula Leisure Activity Guide for other information on scheduled activities. MEMORANDUM TO: FROM: DATE: SUBJECT: PREPARED BY: City Manager/City Council Planning Department August 27, 1991 Monthly Report Gary Thornhill, Planning Director Recommendation: Receive and File Discussion: The following is a summary of Planning Department's caseload and project activity for the month of July: Caseload Activity: The department received applications for 21 administrative cases and 8 public hearing cases; following is a breakdown of case type for public hearing items: * Conditional Use Permits (1) * Public Use Permits (2) * Specific'Plans (1) * Tentative Tract Maps (1) * Tentative Parcel Maps (2) Ongoing Projects: General Plan: The City recently conducted four neighborhood workshops to identify issues of concern to the residents of Temecula. The next General Plan meeting will be the joint City Council/Planning Commission workshop, which is tentatively scheduled for mid-October. Old Town Boundary Expansion: Staff has began the process, and will be scheduling the matter for public hearing by the Planning Commission on October 7th. Directional Sign Ordinance: Presented to the Planning Commission on July 25th, continued to September 16, 1991. WIMBERVG\PLAN\MTHY.RPT City Manager/City Council Monthly Report August 27, 1991 Page 2 Antenna Ordinance: Scheduled for review by Planning Commission on October 7th. Adult Business Ordinance: Scheduled for review by Planning Commission on October 7th. Billboard Ordinance: Tentatively scheduled for Planning Commission on October 21 st. Noise Ordinance: Tentatively scheduled for Planning Commission on October 21 st. Old Town Master Plan: Staff has initiated the RFP process to select the consultant to prepare the Specific Plan. GT:vgw WIMBERVG\PLAN\MTHY. RPT · o | o'~ U TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD AUGUST 13, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:32 PM. PRESENT: ABSENT: DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mu~oz 0 DIRECTORS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field and June S. Greek, City Clerk. PRESENTATIONS/ PROCLAMATIONS President Mu~oz presented certificates of appreciation to the Temecula Valley Little League and the Rancho California Little League for their outstanding contribution to the community. PUBLIC COMMENTS Ed Doran, 39985 Stamos Court, addressed the Board regarding the lack of information provided to the general public. He also inquired regarding the money owed by the County. Shawn Nelson, Director of Community Services, reported that the CIP Fund contains $2,000,000 generated from Mello Roos District 88-12. Mary Jane Henry, Finance Officer, stated $1,200,000 was received from the County during July and the County still owes the City approximately $4,000,000. John Dedovesch, 39450 Longridge Drive, addressed the Board regarding the need for parks on the North side of the City. He stated there is a piece of property that is available in that area off Winchester Road on Rustic Glen DISTRICT BUSINESS 1. Minutes It was moved by Director Parks, seconded by Director Moore to approve staff recommendation as follows: 1.1 Approve the minutes of the meeting of July 16, 1991. 1.2 Approve the minutes of the meeting of July 23, 1991. 4/Minute s/O81391 - 1 - 08/22/91 CSD Minutes The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 DIRECTORS: Lindemans, Moore, Mu~oz, Parks, Birdsall DIRECTORS: None DIRECTORS: None August 13, 1991 2. Award of Bid - Restroom/Snackbar Project Shawn Nelson, Director of Community Services, introduced the staff report. It was moved by Director Parks, seconded by Director Moore to approve staff recommendation as follows: 2.1 Award construction contract to Mahr Construction for the Sports Park Restroom Snack Bar Project. The motion was carried by the following vote: AYES: 5 DIRECTORS: Lindemans, Moore, Mu~oz, Parks, Birdsall NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None COMMUNITY SERVICES DIRECTOR REPORT Shawn Nelson reported staff will be requesting the Board of Directors award a bid for landscaping services for parks and slopes on August 23, 1991. He reported a 2.8 acre undeveloped piece of property, which could be used as a new park site, will be coming before the Board for acceptance on August 23rd. He reported the volunteer program is taking off, with many requests to registration packets and two committees formed. He also reported the Summer Day Camp Program and the Aquatics programs have been very successful this year. Mr. Nelson further stated the scheduled trip to the J. Paul Getty Museum is generating interest with 30 people already signed up. CITY ATTORNEY REPORT None given. 4/Minutes/O81391 -2- 08/22/91 CSD Minutes August 13, 1991 DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Parks, seconded by Director Moore to adjourn at 8:54 PM to a meeting on August 27, 1991, at 8:00 PM. The motion was unanimously carried. ATTEST: June S. Greek, TCSD Secretary J. Sal Mu~oz, President 4/Minutes/O81391 -3- 08/22/91 ITEM NO. 2 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON DATE: AUGUST 27, 1991 SUBJECT: DONATION OF PROPERTY - WEST OF VIA GILBERTO PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Accept donation of 2.8 acres of park property from Silverwood and H. R. Remmington Properties. DISCUSSION: Silverwood and H. R. Remmington Properties are developing single family homes in Tract 19872, south of Pala Road in the Rainbow Canyon area. The proposed 2.8 acre site is undeveloped and divided into three contiguous sections with an earthquake fault running transversely through the entire site. No permanent structures can be constructed and therefore, this proposal is strictly a donation only. The property could be developed into a passive park with walking paths, picnic areas, playground equipment, and open grass areas. On AUgust 12, 1991, the Parks and Recreation Commission unanimously approved and recommended that the Board of Directors approve the acceptance of this property. Enclosed are copies of the location map, site plan, and agreement with Silverwood and H. R. Remmington Properties for your review. IL ,a~Y ZIP CODE. 92390 ".'~"" VIII A~F''' PI ECULA 39,000 t 94 ,,,- _ IOUNDARY _ %_~ ~'REET$ IN lt~.F-,.A: 24 B4,1~EY[ R~ 25 GA"rEV',OO(:; W'~ IS (X'~T[ SAt, LEANOR0 ~ VtAELGI~CO 33 NA554[ CLA 36 CALL[ AP, AN~ I CORTE GRANAOA 17 COI~E 39 COmE IO,,AN~ 4C COmE CO~=.Z0 41 N, SE0 SONRqS,t 0~L SOt &3 IxI~E0 BRILLANTE Ft Creek OR [] InCl~an TLMFCUI A RANCHOS Pat~ RAINBOW CANYON Srar~n VILLAGE I. CN.~N)0C/ ,3 B.O~I N~Is~ Hill S EL ~ ~ E~v 2416 Ft, I ~[k ~ or~ Route d m ~ ~ F~er U.S. Hwy 395 , ~N~ ~ · , ~INBOW CANYON IANGA Petharem Tribal REPRODUCTION WARNING OAK HAVEN ESTAT ':S QUANTITY REPRINTS, 8~llr~ementl arid Cystore vefl~onl Of ~tl ~ m~ ~ ~Clll W~d It COlt Ihr~gh Sulhvlfi PVbI~iI~M I~ M ~143 ffi 3333 /'R BOUNDAK>y J - - RIVERSID[ COUNTY IAN DIEGG ' lCOUI~T1 a I PARKLAND DONATION AGREEMENT THIS PARKLAND DONATION AGREEMENT ("Agreement") is entered into this __ day ,1991 between the City ofTemecula, a municipal corporation of the State of California ("City") and Silverwood-Temecula, LP ("Silverwood") and H.R. Remington properties, LP ("Remington"), both of which are California limited partnerships, hereinafter collectively referred to as "Owners". These parties agree as follows: RECITALS A. On December 1, 1989 the City of Temecula was incorporated. B. On May 8, 1990 pursuant to Resolution No. 90-53, the City Council of the City of Temecula adopted an interim Master Plan to provide for Parks and Recreation ("Plan"). The purpose of the Plan is to insure that adequate facilities for Parks and Recreation will be provided for the citizens of the City of Temecula. C. On February 27, 1990, the City Council of the City of Temecula adopted Ordinance 90-04, adopting by reference Riverside County Ordinance No. 659, which imposes a Development Mitigation CRSA") Fee. D. On April 9, 1985, Riverside County as the predecessor in interest of the City of Temecula approved as Tentative Tract Map 19872-1, 2, 3, 4, 5, 6 a plan for development of property generally located south of Pala Road, west of Gilbeno Road. On September 21, 1987 a Final Map was approved by the County of Riverside and was filed. City of Temecula as successor in interest to Riverside County now has municipal authority over said Map. E. Remington and Silverwood are the successors-in-interest to the prior developer of the property described in Tract Map 19872 - 3,4,5 & 6. Silverwood is owner of lots 11-14 inclusive, and lots 45-47 inclusive. Remington is owner of lots 19-25 inclusive, 42, 48-51 inclusive, and 62 & 63 inclusive. F. City and Owners are desirous of working together to provide park and recreation facilities for the benefit of the area and the Citizens of Temecula. In consideration of the terms hereof, Owners desire to dedicate land, at no cost to the City, containing approximately 2.8 acres of land on behalf of Owners and their successors-in-interest. G. City agrees to accept the donated land for the sole use as city park. NOW, THEREFORE, incorporating the recitals of facts set forth above and in consideration of the mutual covenants contained herein the parties agree as follows: 1. Agreement to Dedicate. Owners shall dedicate to the City, for public park purposes, approximately 2.8 acres of real property more specifically described in the Grant Deeds in Exhibits "A" and "B" attached hereto and made a part hereof ("Park Land"). Dedication of Park Land will be in a form acceptable to the City Attorney, free of all liens and encumbrances not approved by the City Attorney, and be delivered with an CLTA's policy of title insurance in an amount not to exceed the appraised value of property. City agrees to accept this Park Land subject to the provisio/~s of this Agreement. Within thirty (30) days of approval of this Agreement by the City, Owners will deliver executed Exhibits "A" and "B" to Orange Coast Title Insurance Company ("Escrow Holder"),whereupon these documents will be recorded and transferred to the City. 2. Owners Use of Donated Land. Owners shall be allowed to use the Park Land for the purposes of construction and sales office trailers, other similar temporary structures, construction traffic and other uses reasonably related to the construction and sales of single family homes until such time as the City requires access to the site for actual park construction. Owners shall vacate the Park Land upon receiving sixty days written notice from the City. The Owners shall indemnify, defend and hold harmless the City from and against any and all claims, actions, liabilities, expenses, damages, including attorney's fees arising from or relating to Owners use of the park land for these purposes. In addition the Owners will have $1,000,000.00 liability insurance policy in effect naming the City as additional insured. 3. Deposit of Fill Material. Owners shall be allowed to deposit fill dirt generated from footing trenches, fine grading operations and other like construction operations on the Park Land in an amount not to exceed the original elevations of the approved grading plans to plus or minus one foot. Any additional amount to be agreed upon by the Owners and the City prior to the deposit of further fill dirt on the Park Land. 4. Non-Liability and Indemnity. Following expiration of the sixty day notice period described at Section 2, Owners will not be liable for any injury to any persons or damage to any property occurring on the Park Land or any Park Land improvements, except for injury resulting from the negligent acts or omissions of Owners prior to expiration of said period. City will indemnify, defend and hold harmless Owners from and against any and all claims, actions, liabilities, expenses, damages, including attorneys' fees arising from or relating to any use of the Park Land, and/or the Park Land Improvements by any person or party, including without limitations the City, its agents, employees, or independent contractors occurring after City Acceptance of the Park Land. 5. Condition of Property. 5.1 In General. City acknowledges that prior to approving this Agreement City or its agents will have independently inspected the property and observed the physical characteristics and condition of the property. City specifically acknowledges that the matters described in Exhibit "C" attached hereto and incorporated herein by this reference (the "Disclosed Conditions") have been disclosed by Owners to City. City's duty to investigate and satisfy itself under the first sentence of this Paragraph 5.1 shall extend to, but not be ~imited in any way to, all of the Disclosed Conditions. CITY FURTHER ACKNOWLEDGES AND AGREES THAT THE PROPERTY IS TO BE RECEIVED, CONVEYED AND ACCEPTED BY CITY SUBJECT TO THESE DISCLOSED CONDITIONS. Any documents furnished to City by Owners relating to the prope?ty including, without limitation, maps, surveys, studies. pro forma, reports and other information, and including, without limitation, the Disclo~,:d Conditions, shall be deemed furnished as a courtesy to City but without warranty from Owners as to completeness, accuracy or reliability. City has not relied and will not rely ~pon any representations concerning the property made by Owners, Owners' employees, agents, or any other person acting on behalf of Owners. CITY ACKNOWLEDGES THAT CITY IS TO RECEIVE THE PROPERTY, IF AT ALL, IN ITS THEN "AS IS" CONDITION AND SOLELY IN RELIANCE ON CITY'S OWN INVESTIGATION, AND THAT OWNERS MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY, ITS PHYSICAL CONDITION AND ITS SUITABILITY FOR CITY'S INTENDED USE. CITY SPECIFICALLY WAIVES CALIFORNIA CIVIL CODE SECTION 1102, ET SEQ. AND ANY RELATED OR SIMILAR PROVISION OF LAW. 5.2 Owners's Representations and Warranties: Anything in this Agreement to the contrary notwithstanding, Owner represents, warrants and covenants for the benefit of City that: (a) Authority. Owners are owners of the property and have all requisite legal right, power and authority to convey the same under the terms of this Agreement and the individuals signing this Agreement on behalf of Owners have the full legal power, authority and right to execute and deliver this Agreement. Co) Proceedinas. Owners have received no written notice and have no actual knowledge of any actions, suits, proceedings, or governmental investigations or restrictions pending or threatened against or affecting the property, except for those disclosed conditions described in of Exhibit "C" and with the exception of the fact that portions of the property are within an Alquist-Priolo Seismic Safety Zone or are proposed by the County to be included in such a zone. (c) Hazardous Materials. The Owners have no actual knowledge of the presence of any hazardous materials or groundwater contamination in or on the property or of any action by any governmental authority designating such property as a hazardous materials site, except as may be described in the reports described below. The Owners lack of such actual knowledge is based upon no independent inquiry or investigation of any kind whatsoever, except 3 solely the receipt by the Owners of a report dated September 8, 1989, as updated on February 22, 1991, a copy of which has been furnished to the City on March 21, 1991 for City's review and is hereby incorporated with this Agreement by this reference, prepared by Ninyo & Moore for the Owners, and the Owners do not represent or warrant anything concerning the accuracy, completeness or reliability of such report. The Owners have not placed, released, dumped or deposited on the property any such hazardous materials. (d) Soil and Geologic Defects: The Owners have no actual knowledge of any material soil or geologic defects in the property, and have not conducted any independent inquiry or investigation regarding soil or geologic defects except those referred to (a) in the Disclosed Conditions and (b) in the soils and geologic reports prepared for or reviewed by the Owners, all of which have been furnished to City for City's review ("Disclosed Reports") and are hereby incorporated with this Agreement by this reference, which include the following: (1) "Geotechnical Evaluation of Subsurface Conditions - Tract No. 19872 Wolf Valley, Rancho California Area of Riverside County, California", by Ninyo & Moore dated December 1, 1989; (2) "Geotechnical Investigation of Faulting at Tract Nos. 19872-3 through 19872-6 Wolf Valley, Rancho California Area of Riverside County, California", by Ninyo & Moore dated December 31, 1989; (3) "As Graded Geotechnical Report Tract Nos. 19872-3 and 19872-4 Wolf Valley, Rancho California Area of Riverside County, California", by Ninyo & Moore dated February 23, 1990; (4) "Significance of Ground Cracks, Riverside County Tract No. 19872, Pala Road at Loma Linda, Riverside County, California" by Douglas E. Moran, Inc. dated March 10, 1989; and (5) letter dated September 8, 1989 from Steven A. Kupferman, Engineering Geologist for the Riverside County Planning Department. The Owners have not directly investigated any of such conditions but has relied solely upon the professionals preparing or furnishing the Disclosed Reports and does not represent or warrant completeness, accuracy, professional com- petence, or lack of inconsistency among, any of such Disclosed Reports. The foregoing representations, warranties and covenants shall be true and correct at all times through and including the closing date and shall survive the close of escrow and delivery of the Grant Deed. 5.3 City's Representations and Warranties. Anything in this Agreement to the contrary notwithstanding, City represents, warrants and covenants for the benefit of Owners that: (a) Authority. City and the individuals signing this Agreement on behalf of City have the full legal power, authority and right to execute and deliver, and to perform their legal obligations under this Agreement and the transactions contemplated hereby; and (b) Expertise. City is an experienced municipality and is fully equipped to make the investigations, studies and evaluations, including without limitation any an all governmental rules and restrictions, investigations, studies and evaluations pertaining to hazardous materials, soil and geologic conditions, and the environmental condition of the property, necessary to its determinations to acquire and develop the property. 5.4 Release of Owners'. Upon expiration of the sixty day notice period described at Section 2, City hereby waives, releases and discharges forever Owners from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with any condition of environmental contamination on the property or the existence of hazardous substances in any state on the property, however they came to be eraplaced there, of such condition arose or such hazardous substances came to be eraplaced at any time other than the period during which the Owners owned the property, or if such condition, or the existence of such hazardous substances, would have been discovered by a reasonably competent environmental assessment. This release shall not be deemed a release of the Owners from the representation and warranty set forth in Subparagraph 5.2 (d) 6. Notices. All notices and deliveries hereunder shall be given in writing by personal service or by Federal Express, Express Mail, or any other commercial delivery service which guarantees overnight delivery ("Overnight Service"). Notices and deliveries shall be considered given and received when served, or when deposited with an Overnight Service for overnight delivery. Notices and deliveries shall be addressed as appears below for the respective parties, provided that if any party gives such written notice of a change in name or address, notices to the giver of the notice of changed name or address shall thereafter be given as demanded in that notice: City: City of Temecula 43180 Business Park Drive,//200 Temecula, California 92390 Attention: Shawn Nelson H.R. Remington Properties, LP 30448 Rancho Viejo Road, Suite 120 San Juan Capistrano, CA 92675 Attention: Philip Rafton Silverwood-Temecula, LP 140 Marine View Drive, Suite 204 Solana Beach, California 92075 Attention: James Silverwood 7. Assignment. Owners may assign, transfer or sell its rights under this Agreement without the prior written consent of City. 8. Miscellaneous Provisions. 8.1 Governing Law. This Agreement, its validity, construction and all rights under its shall be governed by California law. 8.2 Prior Agreements. This Agreement supersedes any prior negotiations, oral agreements, and correspondence and contains the entire agreement of the parties with respect to the subject matter hereof. No understanding, agreement, representation, warranty, statement or promise made by any party or any employee, officer, or agent of any party that is not expressly set forth in this Agreement shall be binding or impose any liability on a party. 8.3 Amendments. Any amendments to this Agreement shall be in writing and signed by all parties hereto, or else shall be of no effect whatsoever. 8.4 Drafting. The provisions of the Agreement were negotiated by all the parties hereto and their counsel and this Agreement shall be deemed to have been drafted by all the parties hereto. 8.5 Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which taken together shall constitute but one Agreement. 8.6 Captions. The paragraph headings throughout this Agreement are for convenience and reference only and the words contained herein shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. 8.7 Times. Time is of the essence in this Agreement and each provision hereof. 8.8 Binding. Subject to the provisions of Paragraph 4 hereof, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 8.9 Survival. Except as otherwise provided herein, the covenants, representations and warranties contained in this Agreement shall survive the close of escrow and shall not be deemed merged in the Grant Deed but shall remain in full force and effect. 8.10 Severability. If any provision of this Agreement or the application thereof to any person or in any circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or in other circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 8.11 Attorneys' Fees. In the event of any litigation to enforce this Agreement or to obtain a declaration of any rights hereunder, the prevailing party shall be entitled to re- cover its attorneys' and experts' fees and costs, in addition to such other relief as the court may award. 8.12 Waiver. The waiver by City or Owners of a breach or failure of condition of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or failure of condition of the same or of another provision hereof. 8.13 Measurement of Time. All time periods referenced herein are to calendar days, months or years unless otherwise expressly stated. A "business day" hereunder is a day which is not a Saturday, Sunday or legal holiday. A "legal holiday" is a day which is a banking holiday for California-chartered banks or for federally-chartered bank offices in California. 8.14 Incorporation. ;~11 recitals hereof and all exhibits attached hereto are incorporated into this Agreement by reference and constitute a part hereof. 8.15 Recordation. This Agreement and any amendment or cancellation thereof may be recorded with the County Recorder of Riverside County. 9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the assigns, successors-in-interest, personal representatives, heirs and legatees of the parties hereto. 10. Counsel. All parties to this Agreement have been represented by counsel or have STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) On JULY 1, 1991 , before me, the undersigned, a Notary Public in and for said State, personally appeared PHILIP RAFTON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as VICE PRESIDENT , on behalf of NVRD California, Inc., the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be the general partner of H. R. Remington Properties, L. P., a California Limited Partnership, and that such partnership executed the same. WITNESS my hand and official seal. VALERIE MORELAND ! OFFICI~,L SEAL VALER!E MORE-LAND Nctq.-> r.,j.h! .- ClL~c, rn,a SILVERWOOD-TEMECULA, LP, a California limited partnership By: ~~ CITY OF TEMECULA Date By: ATTEST: Ronald J. Parks, Mayor Date By: June Greek, City Clerk/TCSD Secretary Date APPROVED AS TO FORM: Scott Field, City Attorney Da e (Appropriate notarial acknowledgement must be attached.) STATE OF CALIFORNIA COUNTY OF ~%J~N L)tE:~G On ._SU~t-( it ff~q l before me, the undersigned, a Notary Public in and for said ~tate. personally a~ ear d ,;~.rsonally known to me (or proved to me on the basis of tisfactory 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 .MAr~ ~. MC DONALD' Noto:"/r'ut:)lic-Collfomlo ' SN' -,'.~GO COUNTY My Commission ExDlrcs June 3, 1994 IThi. area f,,r nfficial nolen. I s,e:ll EXHIBIT "A" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SPACE ABOVE THIS LINE FOIl RECO~DER'S USE MAIL tAX STATEMENTS TO: THE UNDERSIGNED GRANTOR DECLARES: NO DOCUMENTARY TRANSFER TAX DUE. By Signature of Oectaront or Agent determining tax CITY OF TEMECULA GRANT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, H;R. REMINGTON PROPERTIES, A CALIFORNIA PARTNERSHIP hereby GRANTS to the City of Temecula, a municipal corporation of the State of California, all that certain real property located in the City of Temecula, County of Riverside, State of California, within Final Map #19872-4 the lots numbered 19, 20, 21, 22, 23, 24, 25, 42, 48, 49, 50, 51, 62, and 63. Assessor's Parcel Nos.: EXHIBIT "A" - 1 - IN WITNESS WHEREOF, the undersigned has executed this GRANT DEED this day of , 1991 H.R. REMINGTON PROPERTIES L.P., a California limited parznersniD By: Philip G. Rafton Senior Vice President STATE OF CALIFORNIA COUNTY OF On this day of , 19 , before me, , personally appeared Philip G. Rafton, personally known to me (or proved on the basis of satisfactory evidence) to be the Senior Vice President of H.R. REMINGTON PROPERTIES, A CALIFORNIA LIMITED PARTNERSHIP that executed the foregoing instrument and acknowledged to me that he executed the same on behalf of the Corporation pursuant to its Bylaws or a resolution of its Board of Directors. WITNESS my hand and ~fficial seal. Notary Public, State of California My Commission Expires: EXHIBIT "A" - 2 - EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SPACE ABOVE THIS LINE FOe1 RECORDER'S USE MAIL TAX STATEMENTS TO: THE UNDERSIGNED GRANTOR DECLARES: NO DOCUMENTARY TRANSFER TAX DUE. By Signature of Decterent or Agent determining rex CITY OF TEMECULA GRANT DEED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Silverwood - Temecula, LP, a California limited partnership, hereby GRANTS to the City of Temecula, a municipal corporation of the State of California, all that certain real property located in the City of Temecula, County of Riverside, State of California, within Final Map #19872-3 the lots numbered 11, 12, 13, 14, 45, 46 AND 47. Assessor's Parcel Nos.: EXHIBIT "B" - 1 - IN WITNESS WHEREOF, the undersigned has executed this Grant Deed this day of , 1991. SILVERWOOD - TEMECULA, LP, a California limited partnership By: SILVERWOOD DEVELOPMENT, INC., a California corporation, Its general partner By: James Silverwood President STATE OF CALIFORNIA COUNTY OF On this day of , 19 , before me, , personally appeared James Silverwood, personally known to me (or proved on the basis of satisfactory evidence) to be the President of Silverwood Development, Inc., the corporation that executed the foregoing instrument as General Partner of the Partnership therein named, and acknowledged to me that he executed the same on behalf of the Corporation pursuant to its Bylaws or a resolution of its Board of Directors, that the Corporation executed the same on behalf of the Partnership, and that the Partnership executed the same. WITNESS my hand and official seal. Notary Public, State of California My Commission. Expires: EXHIBIT "B" - 2 - EXHIBIT "C" DISCLOSED CONDITIONS (A) Proceedinqs: Owners are aware of the following actions which may affect the Property: 1. Elaine Bailey, et al. v. Richmond-American. Etc.. et al., Riverside Superior Court, Case Nos. 191214MF, 190618, 190654, 190655, 190839 and 193578. Etc.. et al., 193593. 2. Thomas R. Adamso et al. v. Richmond-American, Riverside Superior Court Case Nos. 19339MF and 3. Richmond-American, Etc. v. Ranoho California Water District. et al., Riverside Superior Court Case No. 191136. 4. Richard-American. Etc. v. Rancho California Water District. et al., Riverside Superior Court Case No. 194627. 5. American Specialty. Etc. v. McCloud Development. Etc. et al., Riverside Superior Court Case No. 197516. Owners have not, to Owners' best knowledge, been named in any of the foregoing actions, and is not a party thereto, to the best knowledge of Owners, there is no lis pendens, lien or other instrument affecting title to the Property as a result of the foregoing actions, and all said actions to Owners' best knowledge have been dismissed with prejudice by the plaintiffs. (B) Governmental Investigations Owners are aware of the following governmental restrictions, which may affect the Property: and Restrictions: investigations and 1. In the course of their ownership and investigation of the Property, Owners have become aware of the existence of certain geological and/or hydrological conditions that may affect development in and near the Property. At this time, the existence of the conditions in question is evidenced by the appearance of fissures in the ground in and near the Property. The existence of these fissures and discussions as to possible causes and significance of the fissures has been reported in the local papers. While there are number of possible explanations for these fissures, the geologists whose reported were prepared for Owners' predecessor-in-interest, Richmond-American, and/or other EXHIBIT "C" - 1 - parties, as disclosed to Owners, have concluded that the fissures have probably occurred as a result of subsidence caused by the rapid withdrawal of ground water from pumps operating in the immediate vicinity of the Property. At least in part in reaction to this finding, the Rancho California Water District has, as of the date of this Agreement, shut down at least two (2) wells that were operating in close proximity to the Property. There are other possible explanations for the appearance of the fissures, however, and Buyer should be aware that it has been reported to Owners that while examining the fissures beneath the ground surface, geologists have discovered what appear to be several faults. Owners are informed that these geologists believe these faults are or ~ould be considered "active" under the Alquist-Priolo Special Studies Zone Act (the "A-P Act"). Under the A-P Act, a fault is considered active if there is evidence of a movement within the past approximately 11,000 years. If a fault is designated "active" under the A-P Act, various conditions can be imposed on future development. See Public Resources Code Sections 2621-2630; Cal. Admin. Code, Title 14, Sections 3600, 3603. At this time, there are no assurances that further subsidence and/or fissuring will not occur on or near the Property or that there are no other "active" faults in the vicinity of the Property which have not yet been discovered. Accordingly, until more is known, it is impossible to say with certainty how the Property, its developability and/or its value may be affected by the aforementioned geological and hydrological conditions. Buyer is therefore advised to conduct its own geological and geotechnical investigation and assessment of the Property during the Option Term so that Buyer can make its own independent evaluation of the geological and hydrological condition of the Property and its suitability for Buyer's intended purposes. Buyer is informed that the County of Riverside (or the City of Temecula, as appropriate) has been considering, and either has already imposed or may hereafter impose a specific Alquist-Priolo Special Studies Zone Designation on the Property as a result of the foregoing matters. (2) The Board of Supervisors of the County of Riverside included the Property and nearby property within the Subsidence Report Zone of Rancho California pursuant to Resolution No. 88-61. Resolution No. 88-61 imposes various conditions on development of the Property. These include limitations on construction and use of some of the nominal lots being sold. (3) The Final SubdivisionPublic Report issued by the Department of Real Estate of the State of California, with third amendment of July 28, 1988, and further amendments for Tract EXHIBIT "C" - 2 - Map Nos. 19872-1 and 19872-2 imposes various conditions on development of those tracts. Because the Property now is in an incorporated City, a Public Report may not be required for the Property, depending on Buyer's plan of development and governing instruments for the Property. If one is required, similar disclosures may be required to appear in the Public Report for the Property. (4) As a result of matters disclosed herein, Owners have experienced some reaction from geotechnical and civil engineering consultants employed to assist Owners and the developer of the Property. These consultants have generally required, as a condition of their performance of services in connection with the Property, that they be released and indemnified from the consequences of pre-existing geotechnical conditions (as distinguished from their own work product done in reliance upon other consultants' evaluation f these pre-existing geotechn]cal conditions and the recommendations of these other consultants). Buyer should assume that similar issues will arise with any future consultants (or continuation of employment by Buyer of Owners' consultants) in connection with the Property. (5) All of the eYisting land use approvals and entitlements, including subdivision pprovals and others, for the Property were processed and obtained through the County of Riverside. The City of Temecula, recently incorporated with its original territory including the Property, at some point will be taking over processing and approval of such matters, and the Buyer is advised to investigate the consequences of such incorporation and the transition to the City of Temecula jurisdiction. EXHIBIT "C" - 3 - ITEM NO. 3 APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON DATE: AUGUST 27, 1991 SUBJECT: AWARD OF BID FOR LANDSCAPE MAINTENANCE SERVICES PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Award bid for landscape maintenance services to California Landscape Inc. for TCSD parks and slope areas from September 1, 1991 to June 30, 1992. FISCAL IMPACT: Cost to maintain all city parks will not exceed $102,258.00 and cost to maintain all TCSD slopes will not exceed $188,006.00. Both figures include a 10% contingency for emergency repairs and extra work requirements. Unencumbered funds exist in account//019-190-999-42-5250 for parks maintenance and//019-190-999-42-5510 for slope maintenance. DISCUSSION: Landscape bid specifications were prepared by staff for all parks and slope areas maintained by the TCSD. The specifications include provisions to provide turf mowing, fertilization, aeration, reseeding, depression filling, top dressing, pest control, and irrigation repairs. Bid specifications were prepared in accordance with the City's Public Works Bid Procedures. The lowest qualified bid was submitted by California Landscape Inc., located in Temecula. The Bid Bond and Contractor's Licenses were verified by TCSD staff. Enclosed is a copy of the agreement with California Landscape Inc. for your review. SECTION III AGREEMENT This Agreement, made and entered into this __ 1991; day of By and Between City of Temecula, a Municipal Corporation hereinafter referred to as "CITY" and a California hereinafter referred to as "CONTRACTOR" RECITALS WHEREAS, CITY desires to obtain the services of a landscape maintenance contractor te perform landscape maintenance within the CITY's greenbelts, landscape service areas, medians, open space areas, parks and rights-of-way. WHEREAS, Contractor is a firm that possesses the necessary equipment, licenses, insurance, and personnel to provide such services; and WHEREAS, CITY's Council has authorized preparation of an AGREEMENT to retain the services of Contractor. NOW, THEREFORE, it is mutually agreed that CITY does hereby retain Contractor to provide landscape maintenance under the following terms: 9 3.01 SCOPE OF WORK CONTRACTOR shall provide the necessary personnel and equipment to accomplish the following: Work shall be in accordance with the latest "General Landscape Maintenance Specifications: City of Temecula." 3.02 EMERGENCY NUMBERS AND CALL-OUTS The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. , In the event that emergency work is required, the Contractor shall notify the City representative or his representative by telephone in advance before any emergency work is commenced. Nonemergency maintenance work requires written approval before the work is performed. In situations involving emergency after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours. Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair the system on a temporary basis. The Contractor shall supply the City with name(s) and phone number(s) of responsible person(s) representing the Contractor for 24 hour emergency response. The above mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change. Failure to maintain emergency information current shall result in a $200.00 penalty for each occurrence. Emergency response defined: As per City representative(s) By prior agreement Public health/safety matters Public health/safety matters include but are not limited to broken water mains, stuck valves, threat to private property resulting from the responsible Contractor's operations, fallen trees, natural disasters, etc. 3.03 LICENSE AND PERMITS The Contractor shall have and maintain a valid C-27 Contractor's license. All applications of chemical controls, i.e., herbicicles and pesticides, shall be done in compliance with governmental requirements. Applications of such materials shall be done by personnel licensed by the State of California, Department of Food and Agriculture. Contractor will obtain any permits required by local governmental agency for the use of special chemicals. The Contractor will also be required to secure and maintain a valid City of Temecula Business License. 3.04 DRESS CODE AND APPEARANCE The Contractor shall be required to provide uniforms for personnel assigned to the project. Sufficient changes shall be provided to present a neat and clean appearance of the gardening personnel at all times. Contractor personnel shall wear uniforms with Company name at all times. 3.05 HOLD HARMLESS CLAUSE All officers, agents, employees, subcontractors, their agents, officers, and employees who are hired by or engaged by the Contractor in the performance of this Agreement shall be deemed officers, agents, employees, and subcontractors of the Contractor and the City shall not be liable or responsible to them for anything whatsoever other than the liability to the Contractor as set forth in this Agreement. The Contractor shall defend and hold harmless the City from all damages, penalties, attorney's fees, consultant's and expert's fees and costs arising directly or indirectly as a result of the Contractor's performance or nonperformance of the project, regardless whether any act or omission complained of is authorized, allowed, or prohibited by the Specifications in the Contract, except to the extent such damages or penalties arise out of or are caused by the intentional act or omission of the City, or its officers, employees or agents. Upon demand of the City, made by and through the City Attorney, the Contractor shall appear in and defend the City and its officers, employees, and agents in any legal action, whether judicial, administrative or otherwise arising out of the performance or nonperformance of the project. 3.06 INSURANCE Contractor shall comply with insurance requirements as set forth in Section VII of City's "General Landscape Maintenance Specifications." 3.07 EXTRA WORK In the event the Contractor is required by the City and agrees to perform extra work, the following procedure shall govern such work: When required by City Representative or Landscape Inspector, an estimate of cost will be submitted for approval prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He shall furnish reports of extra work on forms furnished by the Contractor, itemizing all costs for labor, materials, and equipment rental. The report shall include hours worked. The following procedure will govern such extra work: Work will be executed under the direction of the City Landscape Inspector on a time and materials basis or an agreed lump sum price depending on the nature of the work. B. City will issue a work request for such extra work to be performed. C, Extra work will not be initiated without written authorization, except in emergency call-out situations. D. Extra work may include, but not be limited to, the following: 1. Replacement of plant materials due to failures beyond the Contractor's control. 2. Replacement of worn or damaged sprinkler heads, valves, quick couplers, etc. Additional treatment required for planting or soil as not set forth specifically in this Specification. 4. Soil or plant testing. 5. Remedial landscaping. 6. Repairs or replacements due to vandalism or Acts of God. E® Labor costs shall be based on the proposed wage scale for each type of workman. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs to be included. F, Materials cost shall be the actual cost plus 15 % for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight, and delivery charges. Equipment rental shall include reasonable rental time that machinery or equipment is required, reasonable move-in and/or move-out charges. All equipment shall be in good working order and be suitable for its purpose. Extra work projects may be approved for up to $1,000 by the Director of Community Services, or up to $10,000 by the City Manager. Projects exceeding $10,000 require approval of the City Council. 3.08 PROJECT INSPECTIONS Upon request, the Contractor or his representative will walk the project with the City representative, or the Landscape Inspector, for the purpose of determining compliance with the Specifications or to discuss required work. Contractor representative must be authorized to sign documents and effect changes to the job. 3.09 SAFETY Contractor shall be responsible for providing a safe work place, and compliance with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable governmental law or City risk management standards. 3.10 THE CITY'S RIGHT TO DO WORK The City reserves the right to do work as required within the contract area. If such alterations affect the provision of this agreement, the Contractor will be asked to submit a cost as a result of the alterations. 3.11 COOPERATION/COLLATERAL WORK The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City and other contractors. These activities will include but are not limited to: landscape refurbishment, irrigation system modification or repair, construction, and storm related operations. The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the City Landscape Inspector to cooperate. C. It is possible that the extent of these requests may cause additional expense to the Contractor. Payment for any additional expense will be made in accordance with Extra Work. 3.12 REPORTS AND SCHEDULES The Contractor, as part of this agreement, will submit reports and schedules as requested. Failure to submit reports and schedules in a timely manner may result in a delay of monthly pay- ments. Such reports must be detailed and thorough and may include but not be limited to the following: A. Suggestions for improving problem areas. B. Reports of work planned. C. Cost information to perform extra work for upgrading specific areas. D. Weekly Maintenance Schedule(s). 1. Contractor shall provide a weekly maintenance schedule to the City. 2. Notification of change in scheduled work must be received by the City at least twelve (12) hours prior to the scheduled time for the work. 3. Contractor shall adjust his work schedule to compensate for all holidays and inclement weather. E. Seasonal Irrigation Schedule Form(s). F. Pesticide Use Reports G. Accident Reports H. Incident Reports I. Hazard Reports All forms and schedules shall be of a format supplied by or approved by the City. 14 3.13 A. TERMINATION The Contract shall remain in full force and effect for a period of the date of written notice to proceed, unless terminated by either party. months from The Contract may be terminated by City for failure of Contractor to perform any maintenance specifications after being notified of service failure on more than seven occasions. If the Contractor should neglect or refuse or fail for any reason to perform the work, the City may terminate the Contract for nonperformance with five (5) days written notice to Contractor. Either party may terminate this Agreement without cause with sixty (60) days written notice to the other party. 3.14 A. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work. NONPERFORMANCE Contractor may be assessed penalties by City up to one hundred percent (100%) of the monthly value of a bid item for nonperformance and up to sixty percent (60%) of the monthly value of a bid item for substandard performance. Such penalties shall be assessed at the discretion of the City Representative. Contractor shall be notified of any penalties in accordance with the terms of this Contract. The Contract may be terminated by City for failure of Contractor to satisfactorily perform any corrective action after being notified of service failure on more than seven (7) occasions during the base term of the Contract. Contractor shall be notified of service failure be delivery of a "Performance Deficiency Notification" form (See Appendix, page __) to Contractor by City. Said notice will serve as formal notification that Contractor has incurred a service deficiency severe enough that contract termination may result if satisfactory corrective action is not taken by Contractor. The Performance Deficiency Notification will contain the acceptable time period for service correction. Upon Deficiency Notification, the correction will either be accepted or rejected. If accepted, part or all of the penalties may be waived, depending on whether City has incurred loss as a result of said service failure. Contractor will be notified of correction acceptance status be delivery of a Performance Deficiency Status Memorandum. Should correction not be accepted, a separate additional Performance Deficiency Notification will be delivered to Contractor, thus increasing the number of Deficiency Notices received by Contractor. De If Contractor should neglect or refuse or fail for any reason to perform the work, the City may terminate the Contract for nonperformance with five (5) days written notice to Contractor. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work. City reserves the right to exercise its option to extend this agreement for one two-year extension within ninety (90) days prior to its expiration. Contract price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area (CPI) published monthly by the United States Bureau of Labor Statistics. 3.15 NOTICE REOUIREMENTS Notice shall be deemed to have been given by either party by the posting of a registered letter or the sending of a telegram to the business address of the other party. 3.16 PROTECTION OF PROPERTY DURING INCLEMENT WEATHER During periods of storms, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report identifying any storm damage to the City's represen- tative attached to a site map identifying location of damage and cost estimate to repair/replace. If remedial work is required beyond the scope of this contract, it shall be paid for as extra work. 16 Contractor's responsibility for removing branches and leaves downed by high winds or other typical or nontypical environmental conditions is as follows: Contractor must remove, at no additional cost, all debris on contracted property regardless of disposition of affected tree, shrub, or any other landscape related item. Palm fronds, inordinately large amounts of leaves, or other landscape debris which accumulates in street gutters adjacent to Contractor's area of work, shall be removed by Contractor at no additional charge to City. 3.17 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, i.e., utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City. 3.18 CITY LIAISON The City representative and/or Landscape Inspector, and the Contractor's representative will meet on a weekly basis. The purpose of this meeting will be to discuss specific project problems. More frequent contact may be required between the City Landscape Inspector and the Contractor's representative separately from these meetings. 3.19 SPECIAL REOUESTS The Contractor may be requested by the City Landscape Inspector to perform special tasks which are above his normal scheduled work, i.e., pruning for a specific aesthetic view problem. It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work at no additional cost to the City which is considered normal maintenance to meet the objectives and criteria. 17 3.20 SUPERVISION AND SPECIAL SKILLS The Contractor shall assign a supervisor working regular working hours for the duration of this Contract. He shall have a minimum of seven (7) years experience in landscape maintenance supervision. The Contractor, or his staff, should have expertise and experience in turf management, entomology, pest control, soils, fertilizers, plant identification, park facilities, and irrigation system maintenance. Supervisor shall be capable of communicating effectively both in written and spoken English and background must include experience in Public Works projects of the type found in the City of Temecula. 3.21 PESTICIDES General: All materials shall be in strict accordance and applied within the Environmental Protection Agency (EPA) regulations and the California Food and Agricultural Code. The application of pesticides and other chemicals shall be recorded on the Maintenance Schedule and coordinated with City Landscape Inspector. C. Application of Pesticides: Timing: Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from draft. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticicle efficiency, it shall be applied only in quantities of which each area is capable of receiving without excessive runoff. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticicles and tank rinsing materials shall be within the guidelines established in the California Food and Agricultural Code or EPA regulations. e Equipment and Methods: Spray equipment shall be in good operating condition, quality, and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure applications and using water soluble drift agents. o Selection of Materials: Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable con- centrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control. m Substitutions: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City Landscape Inspector. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the City Landscape Inspector. 3.22 METHOD OF PAYMENT The Contractor shall present for the previous month, monthly invoices for the contracted monthly amount in accordance with the approved bid sheet, attached hereto as Exhibit A. Included with monthly billing will be the work functions accomplished during that period, other than what is indicated on the Maintenance Schedule (i.e., fertilization, pest control, etc.). Send monthly invoices to: City of Temecula Director of Community Services 43174 Business Park Drive Temecula, California 92590 The monthly bid amount shall be established prior to each year and become effective 3.23 WORK NOT INCLUDED Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by the Contractor, are not included within this contract. If the Director of Community Services based upon all the facts he may gather, determines that excessive utility costs have occurred, the City may withhold from the payment to Contractor those funds necessary to reimburse the City for these additional costs. 3.24 SOIL AND PLANT TESTING The City will make soil or plant tests of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests are to be made by Landscape Inspector. Payment shall be in accordance with Extra Work requirements. 3.25 CONTRACTOR NEGLECT Any damage to the City's property which has been determined to be due to the Contractor's neglect shall be corrected at no additional cost to the City. Loss of plant material due to improper care is also included. 3.26 SCHEDULING OF OPERATIONS The Contractor shall perform his work at such times as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. Examples of this would be early morning mowing or irrigation checks, etc. The Contractor shall submit a Maintenance Schedule describing maintenance operations and when work and applications of chemicals/fertilizers will be accomplished. Schedule shall be submitted prior to starting any maintenance operations. All forms and schedules shall be of a format supplied by, or approved by, City. 3.27 SPECIFICATIONS AND PLANS The City General Landscape Maintenance Specifications (hereinafter sometimes referred to as "City Specifications"), and the Standard Specifications for Public Works Construction, latest edition (hereinafter referred to as "Standard Specifications") are incorporated by reference, and made a part hereof as though fully set forth. The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest Edition, hereinafter referred to as Standard Specifications, and in accordance with this Specification. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Where the plans or specifications describe portions of work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and workmanship of the first quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the contract. 3.28 SOUND CONTROL, REOUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 3.29 CONSTRUCTION/MAINTENANCE EOUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 3.30 ANTI-KICKBACK AND WORK STANDARDS The Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C., 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C., 327-330) as supplemented by the Department of Labor Regulations (29 CFR, Part 5). Section 103 requires the Contractor to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and a standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than One and One Half (1-1/2) times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. 3.31 PREVAILING WAGES The Contractor shall pay his workers prevailing wages as required by California Labor Code Section 1771. City shall maintain copies of the prevailing rate of per diem wages on file at its principle office and shall make said copies available to any interested party upon request. The Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. The provisions of the California Labor Code Sections 1771, 1776, and 1812 will be complied with. The Contractor further agrees to comply with the provisions of Labor Code Section 1777-5 and any other applicable laws pertaining to apprentices. 3.32 CONTRACT BONDS The Contractor shall furnish two (2) good and sufficient bonds. Each of the said bonds shall be executed in the sum equal to: Fifty Percent (50%) of the contract price for the Payment Bond (material and labor) and Fifty Percent (50%) of the contract price for the Faithful Performance Bond. One of said bonds shall guarantee the Faithful Performance of said Contract by the Contractor; and the other of said bonds shall secure the payments of claims for labor and material; both as required by the State Contract Act, Sections 14371 through 14375, inclusive. Form of bond required may be examined at the Office of the Director of Community Services. Although bonds are written on the basis of annual cost, the term of the bond shall extend throughout the entire duration of the contract and shall remain in effect for at least six (6) months after final acceptance and release of the Contractor. 3.33 EXECUTION OF CONTRACT The contract shall be signed by the successful bidder, and returned, together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the Contract. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded to him, shall be just cause for the annulmerit of the award and the forfeiture of the proposal guarantee. The Contractor shall begin work within five (5) working days from the date the City sends written notice to begin work. The date of the written notice shall be the first day of the months maintenance contract. 22 The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within thirty (30) days after the opening of the bids. All bids will be compared on the basis of the City's estimate of quantities of work to be done. 3.34 RETURN OF BIDDER'S GUARANTEES Within ten (10) days after the award of the contract, the City Clerk will retum the proposal guarantees accompanying the proposals which are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which all proposal guarantees, except those forfeited, will be returned to the respective bidders whose proposals they accompany. 3.35 TRAFFIC CONTROL The Contractor shall notify local authorities of his intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or W.A.T.C.H. Book). 3.36 ADDITIONS/DELETIONS TO CITY LANDSCAPE AREAS Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Costs to add or delete landscape or park maintenance areas shall be limited to either original bid items or extra work prices. 3.37 ADDITIONS/DELETIONS TO CITY GENERAL MAINTENANCE SPECIFICATIONS The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Landscape Maintenance Specifications. Any changes in the Specifications that causes the Contractor to suffer additional expenses may be negotiated upon written justification. 3.38 NONDISCRIMINATION In the performance of the terms of this Agreement, CONTRACTOR shall not engage in, nor permit others he may employ to engage in, discrimination in the employment of persons because of race, color, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. Dated: , 1991 Contractor: Dated: , 1991 Dated: , 1991 Dated: , 1991 By: CITY OF TEMECULA By: Ronald J. Parks, Mayor ATTEST: By: June S. Greek, City Clerk APPROVED AS TO FORM: By: Scott F. Field, City Attorney 24 EXHIBIT "A" LANDSCAPE MAINTENANCE CONTRACTOR PRICE EDUCATION FORM PARKS SERVICE AREA Please read through line items prior to supplying prices. Some landscape services are categorized separately. Comparative Cntr. Veri~ed Sq. Foot Bid Sq. Footage Sq. Footage Price" Amt. TURF MOWING & LANDSCAPE MAINTENANCE AND CARE AT PARK FACILITIES 1. Sports Park 525,000. .0069 3622.50 2. Sam Hicks Monument Park 93,000. .0069 641.70 3. Medians 50,000. .0090 425.00 4. Veterans Park 242,000. .0069 1669.80 Subtotal: 860,000. $6359.00 Month ALL PARKS SERVICE AREA FERTILIZATION 5. lanuary &March 860,000. .0014 1204.00 6. May, September, October 860,000. .0021 1806.00 7. July, November 860,000. .01 8600.00 Subtotal: $ 11610.00 Year SPORTS PARK PRE-SEASON PREPARATIONS 8. 400 Hours of Qualified Hand Labor 470.00 As Provided in Specifications 9. Ongoing Field Preparation Work 880.00 From March 1, 1992 to luly 10, 1992; Not To Exc~d 344 Hours Month SPORTS FIELDS BI-ANNUAL RENOVATION WINTER DETHATCH & AERATION Includes 3000 Sq. Ft. Marsrarita Fields Sod Month X 10 Month X-10 10. North &South Baseball Fields 73,800. .0050 369.00 Year 11. Upper Soccer Fields 53,475. .0050 267.37 Year Rancho Vista Fields 12. Upper Fields 134,700. .0050 13. Lower Fields 247,000. .0050 673.50 Year 1235. O0 Year Comparative Sq. Footage Cntr. Veri~ed Sq. Foot Bid Sq. Footage Price Amount WINTER DEPRESSION FILLING, SEEDING & TOPDRESSING Mar~arita Fields 14. North & South Baseball Fields 15. Upper Soccer Fields Rancho Vista Fields 16. Upper Fields 17. Lower Fields SUMMER DETHATCH & AERATION Margarita Fields 18. North & South Baseball Fields 19. Upper Soccer Fields Rancho Vista Fields 20. Upper Fields 21. Lower Fields SUMMER DEPRESSION FILLING, SEEDING & TOPDRESSING Margarita Fields 22. North & South Baseball Fields 23. , Upper Soccer Fields Rancho Vista Fields 24. Upper Fields :25. Lower Fields 73,800. 53,475. · 0015 110.70 Year .0015 80.21 Year 134,700. .0015 202.05 Year 247,000. .0015 370.50 Year 73,800. .0028 206.64 Year 53,475. .0028 149.73 Year 134,700. .0028 377.16 Year 247,000. .0028 691.60 Year 73,800.. 53,47~. i- .0015 110.70 Year .0015 80.21 Year 1 134,700. .0015 202.05 Year 247,000. .0015 370.50 Year TOTAL MONTHLY BID AMOUNT: TOTAL 10 MONTH BID AMOUNT: $ 9,296.19 $92,961.92 ,,,j CITY OF TEMECULA EXTRA WORK COSTS II. TURF MAINTENANCE 1. Mowing 2. Edge & Trim 3. Fertilization (placement only) 4. Aerification (without removal of cores) 5. Thatching (including removal) 6. Weed Control 7. Pest Control 8. Imgation a. Repairs Technician b. Installation 3 man crew / SLOPE AREA - with tools GROUND COVER, SHRUB & TREE MAINTENANCE 9. 10. 11. 12. 13. 14. Edge & Trim Wee, d & Clean-up Fertilization a. Tablet or dry formulations placement only P~t Control Pruning/Shrubs PmningFFr~,a 15. 16. Vertical Mulch Trees Vegetation Removal UNIT COST $ 100.00 acre $ 8.50 1,000 linear feet $ 27.00 acre $ 60.00 acre $ 90. O0 acre $ 35.00 hour $ 35.00 hour $ 25.00 $ 45.00 $ 8.50 $' 250.00 27.00 35. O0 90.00 35.00 ~.2.00 40.00 Per Hour Per Hour 1,000 linear feet 10,000 sq. ft. hour 10,000 sq. ft. over 12' ~ach l~ss than 40' each each ..... ton~acr~ CITY OF TEMECULA EXTRA WORK COSTS Page two III. 17. Irrigation a. Repairs Technician b. Installation 3 man crew with PLANT MATERIAL (INSTALLED) 18. Annual Color (4' container) 19. Ground Cover 20. One (I) Gallon 21. Five (5) Gallon 22. Fifteen (15) Gallon 23. 24' Box Tree 24. Seeded Turf 25. Sodded Turf 26. Stolonized Tuff (per acre minimum) hand tools $ 35.00 $ 45.00 $ 1.25 $ 16.00 $ 5.55 $ 14.60 $ 45.00 $ 215.00 $ .21 $ .39 $ .07 hour hour each flat each each each each sq. ft. sq. ft. sq. ft. PLANT MATERIAL Turf Landscape Turf Landscape Ball field Supervisor / Foreman Laborer Specialty Personnel A. B. C. Supervisor Laborer Specialty Personnel A. B. C. CITY OF TEMECULA LANDSCAPE MAINTENANCE EXTRA WORK BID FORM NON-SLOPE LANDSCAPE SERVICE AREA MAINTENANCE UNIT COST ' $ 392.00 $ 296.00 PARKS AND FACILITIES MAINTENANCE UNIT COST $ 392.00 $ 296.00 $ 18.50 Superintendent P.C.O. Agronomis t General Manager Superintendent Trri~/qtion Technician Certified Water Auditor tlOURLY RATES REGULAR TIME $ 20.00 $ 16.00 $ 32.00 $ 35.00 $ 150.00 $ 70.00 EXTRA~VORK $ ?0.00 $ 16.00 $ 32.00 $ 35.00 $ 42.50 $ acreper month acreper month acre acre per ball field (in~eld approx. %000 sq. ft.) OVERTIME $ 30.00 $ 24.00 $ 48.00 $ 52.50 $ 105.00 4.06 DII.} lION!). KNOx, V AI.I. NiliN 13Y 'l'!ll;Sli !'R!.'.SI!NI', that ,.ve 0akridqe Landscape & Trrigation as l. incipals, and _MCA Insurance Company duly authorized corporate surety' California Landscape Maintenance,Inc./ llusiness Adohess 484 Central Ave Newark, New derse 07107 I'llone 201-967-9400 are held and firmly botmd unlo the City of 'l'emccula, County of Riverside, in tile st, n of ..Tep Percent of the Amount of the Bid I)ollars ($_ 10% .), For payment of which sum, well as truly to be made, we bind ourselves, and each of our heirs, successors, executors, administrators, .and assigns, jointly ~nd severally, firmly by these presents. '!he condition of the foregoi,g obligation is such Illat whereas said principal (is) (are) about to ha,ld in and sut. nit to lhe City C'c~t.~cil of the City of Temect, la !he foregoing bid or proposal for tile perfotnmnce of work therein mentioned, in compliance with the specificalions therefore, under an invitation of said City Cotmcil contained in the Notice Inviting Bids attached to said proposal. NOW, TI!i:.It.F. FOI~.I.;, if tile said bid or proposal of the said principal shall be accepted, and said ~vu~k be awafded to said principal, 0akridge Landscape & Irrigation/ca1. Landscape Mince., mereupon by said City Council and if said principal, shall fail or neglect to enter into a contract znc. merefor within Ihe required Iirne and to execute adequate bonds to tile satisfaction of said City Cuuncil with a duly authorized corporate surety, conditioned for the faithful perfor,nance of such ca.tract and the payn~cnt of all claims for labor and malerials used on said work, in such case, the undersigned obligalors will. pay to il~e Cily of Tenmcula the full sun~ of Ten Percent of the Amount of the Bid I)ollars ($ 10% .l as liquidated danrages for such failure and neglect. MCA Insurance Company 484 Central Avenue Newark, NJ 07].07 POWER OF ATTORNEY No. 04B010 FLNOW ALL MEN BY THESE PRESENTS that MCA Insurance Company, an Oklahoma corporation authorized to engage in business as a surety, does hereby appoint Howard Siske'l, Richard Adair, Joseph E. Cochran, Bronwyn Murdock and Steven F. Coward of Los Angeles, California its true and lawful Attorney(s)-in-Fact, to execute on i[s behalf any and all bonds and undertakings not in excess of Two Million Five Hundred Thousand Dollars (S2,500,000) and consents for the release of retained percentages and/or f'mal estimates and to bind the Company thereby. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of a Resolution adopted by the Board of Directors of MCA Insurance Company at a meeting called and held on the 13th day of July, 1987, of which the following is a true transcript: "RESOLVED, that the Chairman of the Board, the President, any Executive Vice President or Senior Vice President or Vice President - Surety be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonas, undertakings, reco izances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto tg corporate seal of the Company, in the transaction of its surety business; ' "RESOLVED, that the si~atures and attestations of such officers and the seal of the Company may be affLxed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or ceitificate beanng such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, reco~izance or other contract of indemmty or writin,,' obfi~,atory in the nature thereof; 'RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery. thereof by such i~,.ttorney-in-Fact.' IN WITNESS WHEREOF MCA Insurance Company has caused these presents to be signed by one of its officers, and its corporate seal to be hereunto affLxed this 2 9 th day of Apr i 1,19 9 1. State of New Jersey: County of Bergen: On this 291h day of April , 19 91, before me came Soren N. S. Laursen, to me personally known, and, being by me duly sworn, said that he is Vice President - Surety of MCA Insurance Company; that the seal affLxed to said instrument is the corporate seal of said corporation; that the corporate seal and his signature were duly affixed by order of the Board of Directors of said corporation. ~CER~IFICATE I, Doris Greeley, Secretary of MCA Insurance Company, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand affixed the facsimile seal of the corporation this 8th day of August ,19 91 Ev~,o~li~ ~f New'fJersey My Commission expires Sept. 25, 1994 ATTORN EY-IN-FACT State of Calitornia t ss: Count.~ ol Los Angeles On Auqust 8,1991 . before me, a Notary Public. personally appeared Richard Adair . personally known to me (or proved to me on the basis of satisfactory evidence) to bc the person who executed this instrument as Attorney-in-Fact of MCA Insurance Company i,the corporation therein named and acknowledged to me that the corporation executed it. IN W! 'ESS WHEREOF, I have hereunto set my hand and affixed · , ' in this ccrtifi~b~/c. OFFICIAL SEAL PATRICIA A. DOLAN NOTdRy PUBLIC.CALIFORNiA LOS ANGELES COUNTY My Commission F-xDirel Feb. 8. 1995 This area jbr OJfical Notaria/ Seal ,[ ,t · : il :l ii it I: ,i i! TOT -%.L SQ. :'-'A!-IE ', FEET: ,<,G · . ~.". q'AGE 63,330 63,330 ('OST Sc,i. .0065 OF PREPARED BY and t'q*. !e 'iira~o! PER FOtnI' SUBTOFAL: $411.65 $411.65 { TR..XCT NAME Sadd 1 ewood l.'.~lie Hedusa ].ocated in the I:iFc!e ~nd {'aLle Med,isa, FEET: 'VERIFIED SQ. FOOTAGE 265,700 265,700 PER FOOT .0O68 I ISUBTOTAL P .\, 'l i-' .2// 0 L: PREPARED BY , r'e_~r BID A."tl3I.:\ T $1727.05 $1727.05 of ;i f. [ 'iE T TEH NO. ,:u~,.:,,fF'f SEPt -iki,F'k ,I \.r ~'E',j-~.,'~CE 03 i'FRAC? )40. ~ :;5 i K-:', LOCAl ~O5: ~rl ~r:~ ~,~:. ~ .~i,je ::,t'e' c~t' CaLIe Heelusa. L'~o I nte ~ ~r, tev :.bT.-~: i! [ '; :ir'r', i', :['k;~';t~.' 7~.1-~c] erlr F'c rr' ~ ,~a V ion LoDe m~i ~te~ance ~ 'FO'I'z.L d~. FEET: '. ~f~l FTF'D 82,850 82,850 t:q'~ST PFjI~ ,-;t~. FOO'F .0068 [ SUBTO'FA.L .\:,,,f,}{ 'C 1' $563.38 $563.38 NOTES: il P A G E OF PREPARED BY u ~.F,,F /_ FEM '<0 04 !TRACT ..,;: .T ,, 7-j '; u' R..\L L~' ~C.-VF iON: ~ .i k! c'-'tec:r~l' Cp~2~b~ AveDue. ': ' i ODe ~la i r~teNallce .I !'<OTES: OR Wincr~esr,te Road between VERIFIED SQ. 850 146,000 [:EET: 146,850 ~,~ i.t~chesr. eF CL'e..:eK N icrloicts and ',jUST PER ::,Q . FO0 F .013 ~.}1{ ',~ 'N F $i1.05 .0068 $992.80 i I SUBTO'r~L: $1003.85 PAGE f _ OF PREPARED BY CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MA1TENANCE BID JLILY 31, 1991 [:LINE 1TEbt NO. 05 TRACT NO. 20643 TRACT NAME The Summit TRACT GENERAL LOCATION: On the west side of Ynez Road beginning at the second block north of Santiago Road and continuing north to Preece Lane. DESCRIPTION Turf, parkway and entry maintenance including :irrigation , Slope maintenance 'including irrigation TOTAL SQ. FEET: \.'ERIFIED SQ. FOOTAGE 17,704 17,704 PREPARED BY COST PER SQ. FOOT .0090 , SUBT'OTAL: BIll AMOUNT $159.34 $159.34 PAGE S OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MA1TENANCE BID JULY 31, 1991 ~';LINE ITEH NO. 06 TRACT NO.20644 [TRACT NAME The Summit TRACT GENERAL LOCATION: Beginning on the southwest corner of Ynez Road ~ Quiet Meadow continuing south on Ynez Road to Santiago Road, then west on the north side of Santiago Road ending at "C" Street. DESCRIPTION Turf, parkway and entry '.maintenance including ~ irrigation rSlope maintenance '~including irrigation I: ~L ~OTES: VERIFIED SQ. FOOTAGE 30,700 15,000 TOTAL SQ. FEET: 45,700 PREPARED BY COST PER SQ. FOO? .0090 .0068 ~ SUB]'OTAL: BI I~ AMOUNT $276.30 $102.00 $378.30 PAGE 6 OF SI rDF'E HAT rEl'l,".i',l, E RfO ~1.11 ,. '; I . t ':~,; t :": "':' ":: ........T':::::':: "'%:::+:'::: ':"" "'"::': :'.': : :: ....... ":: ......., _ [r F ITEM HC). 07 ~ TgAt'F IIf'l 7~',75,'5 ' rPq, I P.IFfi.t[: r' r..)Sl' S~. . ~ ~ SUB TO f AL: ;l~lC) FES: :1 ............................................................................................................. ,I PREPARED BY I 11 I PAGE OF ~INE !TEH NO. CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JIjLY 31, 1991 08 ~TRACT NO. 20735-1 !TRACT NAME The Villages TRACT GENERAL LOCATION: Located on the northwest corner of Humber Drive and Long Valley Drive north of Rancho California Road, just west of Long Valley Wash. DESCRIPTION Turf, parkway and entry maintenance includin~ irrigation Slope maintenance includin~ irrigation TOTAL SQ. FEET: VERIFIED SQ. FOOTAGE i8,500 2,100 20,600 COST PER BID SQ. FOOT AMOUNT .0090 .OO68 $166.50 14.28 SUBTOTAL: $180.78 l-NOTES: South west of 42225 Humber Drive. Also norhteast corner of Humber Drive and Long Valley Drive - Southwest of 30262 Long Valley Drive. PREPARED BY PAGE 8 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE'MAITENANCE BID JULY 31, 1991 LINE ITEM NO. 09 :,TRACT NO. 20735-2 !TRACT NAME The Vfilages TRACT GENERAL LOCATION: Located on the northwest and northeast corner of Roanoake Street north of Rancho California Road, north of Long Valley Wash. F'DESCRIPTION Turf, parkway and entry maintenance including irrigation Slope maintenance including irrigation T TOTAL SQ. FEET: VERIFIED COST PER SQ. FOOTAGE ; SQ. FOOT 900 ! .0090 1300 ~ .0068 2200 , , SUBTOTAL: BID AMOUNT $8.10 $8.84 $16.94 NOTES: PAGE 9 OF !tE.FSLP/P] i'C~N H T~ir f . r>a t ~,n.:t]r}~'enanCe ; i r t ! C.J,?, f' ~, 'i :! C I ride rna :[ n t. enar~ce :~r~cL,,.~d~.n,:l i~ rigaLton i TO FAL SQ. _rent' rv ET: FOOt'AGE FOOT AHOUN r .! :-~l h NOTES: II PRE 3Y i PAGF.- OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 LINE ITEH NO. 11 i TRACT NO. 20735-4 :TRACT NAME The Villages TRACT GENERAL LOCATION: Located on the south side of Margarita Road beginning southwest corner of Avenida Barca and continuing west on Margarita ending at end of project. DESCRIPTION Turf, parkway and entry maintenance including irrigation Slope maintenance including irrigation TOTAL SQ. FEET: VERIFIED SQ. FOOTAGE 850 52,250 53,100 COST PER SQ. FOOT .0090 BID AMOUNT $7.65 .0068 $355.30 ! SUBTOTAL: S362.95 NOTES: 11 PREPARED BY PAGE OF ',,":4ZF PC'C] 7,Z' F~L '31-3. ET: .: SUBT.q_T~Ai_: : ...........................................................................................: :::::::::::::::::::::::::::::::::::::::::::::: ======================== '::::: ================================================== ========================================= ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ,Z:=::Z::::Z" :: ::::::::::::::::::::::::::::::::::::::, ._.:.....x_: ............................................................................................................................................................................................. OF PREPAR CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JuLY 31, 1991 LINE ITEM NO. 13 ~TRACT NO. 20735-6 :TRACT NAME The Villages TRACT GENERAL LOCATION: On the south side of Margarita Road, beginning at the the southeast corner of Avenida Barca continuing southeast on Margarita Road to the irrigation control box and electric meter. DESCRIPTION Turf, parkway and entry maintenance including irrigation Slope maintenance including irrigation TOTAL SO. FEET: VERIFIED SQ. FOOTAGE 900 39,925 40,825 COST PER BID SQ. FOOT AMOUNT .0090 $8.10 .0068 $271.49 i SUBTOTAL: .. S279.59 NOTES: PREPARED BY PAGE 13 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE'MAITENANCE BID JULY 31, 1991 ..INE ITEM NO. 14 ~!TRACT NO. 20735-7 : r TRACT NAME Ridgeview :' TRACT GENERAL LOCATION: Beginning on the northwest corner of Margarita Road & ! La Serena Way continuing north to the southwest corner of La Serena Way & South ~7 General Kearney Road, continuing north from the northwest corner of South General Kearney Road and ending at one (1) house prior to southwest corner of Willow Run Road~ !'DESCRIPTION VERIFIED SQ. FOOTAGE Turf, parkway and entry maintenance including' irrigation Slope maintenance including irrigation 31,000 128,000 TOTAL SQ. FEET: 131,100 COST PER SQ. FOOI .0090 .O068 SUBTOTAL: BID AMOUNT S27.90 $870.40 $898.30 -":"NOTES: PREPARED BY ~ \\ --. PAGE 14 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31 , 1991 LINE ITEbl NO. 15 ~TRACT NO. 20735-8 "TRACT NAME Ridgeview TRACT GENERAL LOCATION: Located on the northwest corner of Margarita Road & La Serena Way continuing west on Margarita Road to the MWD Easement. Note: Small Portion. DESCRIPTION Turf, parkway and entry maintenance including irrigation Slope maintenance inc].uding irrigation i TOTAL SQ. FEET: VERIFIED SO. FOOTAGE 4,000 4,000 COST PER BID SQ. FOOT AMOUNT .0068 $27.20 SUBTOTAL: $27.20 NOTES: Start at northeast corner of the rear of lot #6 continuing northwest on the east ride of Margarita to the MWD Easement. !! ~E,,PARED BY ~i fI ~ U PAGE 15 OF --- L 600 16,700 17,3OQ .0090 .OO68 $5.40 $t13.56 $118.96 /~ ,9 F ~iLINE 1TEH NO. CiTY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE HA]TENANCE BID JULY 31 , ] 991 17 t TRACT NO. 20879 i TRACT NAME "The Vineyards TRACT GENERAL LOCATION: Southeast corner of Pinot Blanc Court and Riesling Court continuing east behind 32049 & 32057 Pinot Blanc Cour(; includes drainage. DESCRIPTION Turf, parkway and entry" maintenance including irrigation [~Slope maintenance inciudin~ irrigation f: ~ ~OTE~ ~ i I TOTAL SO. FEE7: VEklF/ED ,,, FOOTAGE / f/ ,.i~PRCPARED m' \ \ '~' '\ x\,, COST PER SQ. FOOl i SUB]OTAL: Blll AMOUN7 I PAGE OF ~INE ITEM NO. 18 CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOP~ MAITENANCE BID JULY 31, 1991 ~TRACT NO. 20879-1 ~TRACT NAME The Vineyards TRACT GENERAL LOCATION: On the north side of Rancho California Road beginning at the. northeast corner of Kaiser Parkway & ending at the northwest corner of Riesling Court. !j DESCRIPTION \.'ERIFIED SQ. FOOTAGE COST PER SQ. FOOT i~ID AMOUNT Turf, parkway and entry maintenance including irrigation Slope maintenance including irrigation TOTAL SQ. FEET: 1500 66,600 68,100 .0090 .0068 , SUB]'OTAL: $13.50 $452.88 S466.38 -=NOTES: Interior Slope 12,000 Sq. Ft. PREPARED BY - PAGE 18 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE'MAITENANCE BID JULY 31, 1991 LINE ITEM NO. 19 i TRACT NO. 20881 ] TRACT NAME Ridgeview TRACT GENERAL LOCATION: Located on the northwest and southwest corner of La Serena Way and Calle Pina Colada. Note: Small Portion i'DESCRIPTION Turf, parkway and entry maintenance including irrigation Slope maintenance inc].udin~ irri~at. ion TOTAL SO. FEEI: VERIFIED SO. FOOTAGE 1650 3,600 5,250 COST PER BIII SQ. FOOT AMOUNT .0090 $14.85 .0068 $24.48 SUBTOTAL: $39.33 "NOTES: PAGE 19 OF ~ CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31 , 1991 ;~.LINE ITEM NO. 20 i TRACT NO. 20882-0 ~TRACT NAHE Signet Series !'.TRACT GENERAL LOCATION: Located on the south side of Solana Way beginning at the !' southeast corner of Calle Aranda and Solana Way continuing east on Solana Way to end of project lot 27. \:ERIFIED DESCRIPTION : SQ. FOOTAGE !Turf, parkway and entry ~ maintenance including '.' irrigation 800 ,.. ;'Slope maintenance , · including irrigation 150,000 : i TOTAL S~. FEET: 150,800 ~":OTES: COST PER SQ. FOOT .0090 .0068 B1D AMOUNT $7.20 $1020.00 ~ SUBI'OTAL: $1027.20 ~! ,1 ~v~\~REPARED BY 20 PAGE OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 LINE ITEM NO. 21 !TRACT NO. 20882-1 ~TRACT NAME Signet Series TRACT GENERAL LOCATION: Located on the north side of Margarita Road beginning at the north-west corner of Margarita Road and Avenida Sonoma continuing west on the north side of Margarita Road to end of project. Also from the north-west corner of Margarita Road and Avenida Sonoma north on the west side of Avenida Sonnma tn .~nnth- west corner of Avenida Sonoma an~ Corte DESCRIPTION S~. FOOTAGE S~. FOOT AMOUNT Turf, parkway and entry maintenance including ,,irrigation "Slope maintenance i!including irrigation ~ TOTAL S~. FEET: NOTES: 1150 37,000 38,150 .0090 .0068 SUBTOTAL: $10.35 $251.60 $261.95 ~aREPARED BY ' PAGE 2/ OF 83,330 83,330 .OO68 -Rtj:~ i, ,T .', $566.64 $566.64 800 .0090 $7.20 117,848 .0068 $801.37 118,64.8 .... ......................................... $808... 57 ..... CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MA1TENANCE BID JLILY 31, 1991 LINE ITEM NO. 24 TRACT NO. 21082 TRACT NAME Village Grove T ACT GENERAL LOCATION: Located on the west side of Margarita Road beginning at t~e northwest of Margarita Road and Yukon Avenue and continuing north on corner west side of Margarita Road ending at Lot 24. DESCRIPTION Turf, parkway and entry i: maintenance including ~l irrigation !'Slope maintenance '.including irrigation . "~OTES: TOTAL SQ. FEET: VERIFIED SQ. FOOTAGE 18,500 59,580 78,080 PREPARED BY COST PER SQ. FOOT .0090 .0068 SUB]OTAL: BII! AMOUNT $166.50 $405.14 $571.64 PAGE 24 OF 37,740 .0068 37,740 :'; "' ....... ' S256.63 S256.63 CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 3], 1991 i'ILINE 1TEN NO. 26 TRACT NO. 21561 I TRACT NAME Woodcrest Country TRACT GENERAL LOCATION: Located on the east side of Rycrest Drive beginning at the southeast corner of Windwood Circle continuing south on Rycrest Drive to the northeast!j corner of Rycrest Drive and Solana Way, continuing east on the north side of Solana Way to the northeast corner of Skywood Drive starting a~ain at the northeast corner oi~ Sky wood and ~ulana Way ~o the end of FrO ect ~ RIFIE~ COST PER XE DESCRIPTION Turf, parkway and entry maintenance including irrigation FOOTAGE !'Slope maintenance including irrigation 43,865 SQ. FOOT .0068 i SUBTOTAL: AMOUNT . $298.28 TOTAL SQ. FEET: 43,865 $298.28 OTES: [,.~.~~ ~ PREPARED BY . f,~ PAGE 26 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 ,~INE ITEM NO. 28 i TRACT NO. TRACT GENERAL LOCATION: 21672-1 !TRACT NAME Village Grove Encore Located on the south side of Rancho California Road beginning lot 1 west of Calle Aragon proceed east to lot 21. Also, east side CaRe Aragon between Rancho California and Corte Anza. DESCRIPTION tTurf, parkway and entry !maintenance including irrigation :'Slope maintenance =including irrigation 7, ~ TOTAL SQ. FEET: =':OTES: VERIFIED SQ. FOOTAGE 950 83,490 84,440 COST PER B1D SQ. FOO7 AMOUNT .0090 .0068 ~ SUBTOTAL: S8.55 $567.73 $576.28 h vREv \ i; 28 PAGE OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 i I TRACT NAME " ~NE ITEM NO. 30 ',TRACT NO. 21672-3 ' Village Grove Encore TRACT GENERAL LOCATION: Located on the south side of Rancho California Road beginnin~ at the southwest corner of Calle Bahia Vista and Avenida de la Reina continuing north to southwest corner of Calle Bahia Vista, and Rancho California Road, continuing west 6 lots. Also includes small park basketball c. ourt on Avenirta d~. 12 Reina. DESCRIPTION Turf, parkway and entry maintenance includin_~ irrigation z Slope maintenance includin_~ irrigation i TOTAL SQ. FEET: \;ER I FI ED SQ, FOOTAGE 850 11,250 12,100 COST PER BiD SQ, FOOT AMOUNT .0090 .0068 ~ SUBIOTAL: $7.65 , S76.50 ~' S84.15 PREPARED BY 3O PAGE OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JLILY 31, 1991 ,~INE ITEbl NO. 32 i TRACT NO. 21673 i TRACT NAHE ! Villa Avanti TRACT GENERAL LOCATION: Located on the north side of Rancho Vista Road, beginning at the southeast corner of Corte Alamar, and Calle Rio Vista, continuing south on CaNe Rio Vista to the northeast corner of Rancho Vista Road, continuing east on the north side of Rancho Vista Road to lot 6. DESCRIPTION Turf, parkway and entry maintenance including irrigation "Slope maintenance including irrigation !i i TOTAL SQ. FEET: VEklFIED SQ. FOOTAGE 4,815 4,815 COST PER BIll SQ. FOOT AMOUNT .0068 ~ SUBI'OTAL: $32.74 $32.74 NOTES: PREPARED B~ b 32 PAGE OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE°MAITENANCE BID JULY 31, 1991 .INE ITEbi NO. 34 TRACT NO. 21673-3 i TRACT NAME r , ; Villa Avanti TRACT GENERAL LOCATION: Located on the north side of Rancho Vista Road northwest and northeast corners of Avenida De La Reina and Rancho Vista Lot 1 and Lot 50. !'DESCRIPTION Turf, parkway and entry maintenance including irrigation r'Slope maintenance including irrigation TOTAL SQ. FEET: NOTES: VERIFIED SO. FOOTAGE 3,750 3,750 COST PER SQ. FOOT .0068 SUBTOTAL: B1D AMOUNT $25.50 $25.50 PREPARED BY . PAGE 34 OF CITY OF TEHECULA COMHUNITY SERVICES DISTRICT SLOPE HAITENANCE BID JULY 31, 1991 L]NE ] TEbi NO. 36 i TRACT NO. 21674-2 ~ TRACT NAHE Villa Avanti [TRACT GENERAL LOCATION: Located on the south side of Rancho California Road beginning at the southeast corner of Calla Tajo and Rancho California Road. [!DESCRIPTION {~Turf, parkway and entry ,maintenance including ,irrigation {!Slope maintenance L i nc ] udins! i r r i gat ion ~TES: VERIFIED SQ. FOOTAGE 69,580 110,160 TOTAL SQ. FEET: 179 740 COST PER SQ. FOOl .0110 .0068 BIll AMOUNT $765.38 $716.04 SUBIOTAL: $1481.42 PREPARED BY 36 PAGE OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 3], 1991 LINE ITEM NO. 37 I TRACT NO, 21675-1 I TRACT NAME Villa Avanti h TRACT GENERAL LOCATION: Located on the north side of Rancho Vista Road beginning i;at the southwest corner of Via E1 Greco and Corte Camarillo continuin~ south on ~he west ~side of Via E1 Greco to the northwest corner of Via E1 Greco and Ran~ho Vista Road, ~continuing west on the north side of Rancho Vista Road to ~.nd nf project lot 5/MWn eastm~nt. COST PER BIlI " DESCRIPTION Turf, park~'ay and entry maintenance including irrigation VERIFIED SQ. FOOTAGE 650 41,000 Slope maintenance including irrigation NOTES: sQ. FOOT .0090 .0068 I SUBI'OTAL: AMOUNT $5.85 S278.80 TOTAL S~. FEET: 41,650 $284.65 PAGE 37 OF E :./~ f ,:a ~ lOm ; SQ . POD TAG E ................................................................................................................................................................... : ..........................-', ....................................~ ................................ ~ ~ ~ ; ./'*" ~ . L a ~' LOn ",,~_~[r~ten,~.nce includimq ; ': ,.,"; ':SLooe maLntenance i k /~ includ~Lncj irr].Lzlar,~_on i \. " TOTAL SO. FEET: ,, ' SUBTOTAL: ': z/,, PREP RED BY ........... .-:_:. .............. PAGE .' OF ",, I CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPI MAITENANCE BID JULY 31, 1991 :: LINE ITEM NO. 33 { TRACT NO. 21673-1 ! TRACT NAME Villa Avanti i'.TRACT GENERAL LOCATION: Located on the north side of Rancho Vista Road, beginning at the northwest corner of CaRe Rio Vista, and Rancho Vista Road, and continuing west on the north side of Rancho Vista Road to end of project lot 16/MWD easement. DESCRIPTION Turf, parkway and entry maintenance including ~'irrigation Slope maintenance including irrigation ~ TOTAL SQ. FEET: VERIFIED SQ. FOOTAGE 3,300 139,300 142,600 COST PER BID SQ. FOOT AMOUNT · OO9O .O068 $29.70 $947.24 SUBTOTAL: $976.94 NOTES: BY PAGE 33 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 LINE ITEbt NO. 31 j TRACT NO. 21672-4 ~TRACT NAME Village Grove Encore TRACT GENERAL LOCATION: Located on the south side of Rancho California Road beginning at the southeast corner of Calle Bahia Vista, and Rancho California Road, continuing east 24 lots to MWD easement (white fence). DESCRIPTION Turf, parkway and entry maintenance including irrigation ~'Slope maintenance !including irrigation TOTAL SQ. FEET: VERIFIED SQ. FOOTAGE 84O 38,500 39,340 COST PER SQ. FOOT .0090 .OO68 SUBTOTAL: NOTES: ,~ l~, \~REPARED BY BID AMOUNT $7.56 $261.80 $269.36 31 PAGE OF 8,550 ~"'~,_ ,,-4, , -'_ r 8,550 · 0068 S58.14 ................... 77: S58.14 CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 3], 199l LINE ITEM NO. 38 i TRACT NO. 21675-2 I TRACT NAME Villa Avanti Ta~.~I GENERAL LOCATION: Located on the north side of aancho Vista Road beginning northeast corner of Via E1 Greco and Rancho Vista Road, continuing east on the north side of Rancho Vista Road 14 Lots to Lot 31. DESCRIPTION Turf, parkway and entry maintenance including ?irrigation .Slope maintenance ~inc]uding irrigation i TOTAL SQ. VERIFIED SQ. FOOTAGE 800 66,650 FEFI: 67,450 COST PER SQ. FOOT .0090 .0065 SUB]'OTAL: ! BII) AMOUNT $7.20 $433.23 $440.43 ~[ ," ~ PREPARED BY PAGE 38 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE'MAITENANCE BID JULY 31, 1991 LINE ITEM NO. 39 j TRACT NO. 21675-3 ! TRACT NAME Villa Avanti TRACT GENERAL LOCATION: Located on the north side of Rancho Vista Road at the northwest corner of Paseo Goleta and Rancho Vista Road. DESCRIPTION Turf, parkway and entry maintenance including irrigation Slope maintenance including irrigation i TOTAL SQ. FEET: VERIFIED SQ. FOOTAGE 2,000 2,000 COST PER B1D SQ. FOOT AMOUNI .0065 $13.00 SUBTOTAL: $13.00 NOTES: 39 PAGE OF PREPARED BY :~oce: Small Porkion , VERIFZED ! COST PER : ':'SCRZPTZON S~. FOOTAGE ! S~. FOOT ~ ~MOUNT 7:.:rf D~rKWaV aria enEry ma~ n~enance a ncj ua~ ng , 8,800 i .0090 $79.20 : ': rr2q.a~ion ~ 163,000 .0068 ............................................................................ 1 ..................................: ................................................................................................... E, loOe maintenance ~ f ~ ., :'in,:iuding irriaacion e : · .........................................................................................................: ....................................q ..............~ .............................: ................................................... ' TOTAL S~. FEET: 171 800 ~ : SUBTOTAL: $1187.60 'NOTES: ............................... U~r:-~---z--'z;; ..........................................:-;:.~p~ .........::: ..,~:X{~'z:x..; 40 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JL1LY 3], 1991 t! LINE ITEM NO. 41 TRACT NO. 21875-6 TRACT NAME Rancho Vista !~TRACT GENERAL LOCATION: Located on the northside of Rancho Vista Road beginning at the north west corner of Calla Santa Ana and Rancho Vista Road continuing west to Lot 42. Also beginning at the northeast corner of Calle Santa Ana and Rancho Vista Road continuing east on the north side of Rancho Vista Road to Lot 17 f l lot west of Paseo Co18 ta }. DESCRIPTION Turf, parkway and entry maintenance includin~ irrigation ~'Slope maintenance including irrigation TOTAL SQ. FEET: NOTES: VERIFIED SQ. FOOTAGE 500 12,700 13,200 COSY PER SQ. FOOT .0090 .0068 SUBTOTAL: BII) AMOUNT $4.50 $86.36 $90.86 PREPARED BY 41 PAGE OF CITY OF TEHECULA COHHUN]TY SERVICES D1STRICT SLOPE MA]TENANCE BID JULY 3] , ] 991 I'.LINE ]TEH NO. 42 TRACT NO. 21764 TRACT NAME Ridgeview [TRACo~ ~hEeNERAL LOCATION: Drainage channel located on the northwest corner of lot #14, ' s uth side of Calle Pina Colada. Also, drainage channel located on the south- o west corner of lot #7 on the east side of Del Rey Road. DESCRIP'IION Turf, parkway and entry maintenance including irrigation ,Slope ~aintenance including irrigation i TOTAL SQ. FEE7: i NOTES: VERI F]ED SQ. FOOTAGE 11,000 11,000 COS7 PER SQ. FOOl .0030 i ~ SUB]OTAL: A~OUN'I $33.00 $33.00 PREPARED BY j~ PAGE OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JOLY 31, 1991 LINE ITEM NO. 43 ] TRACT NO. 22203 ~ TRACT NAME The Summit TRACT GENERAL LOCATION: Located on the west side of Ynez Road, beginning on the i'north-west corner of Preece and Ynez Road at the "V" ditch continuing north on Ynez Road to end of project. j~DESCRIPTION iiTurf, parkway and entry ~maintenance including i!lrrigation i~Slope maintenance ~including irrigation TOTAL SQ. FEET: VERIFIED SQo FOOTAGE 12,000 29,600 41,600 COST PER SQ. FOOT .0090 .0068 suBToTAL: BID AMOUNT $108.00 $201.28 $309.28 PREPARED BY t[ PAGE 43 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE°MAITENANCE BID JULY 31, 1991 ~INE ITEM NO. 44 i TRACT NO. 22208 TRACT NAME Woodcrest Country i~TRACT GENERAL LOCATION: !! Ryecrest Drive i%DESCRIPTION !~Turf, parkway and entry ~imaintenance including i~rrigation ~Slope maintenance ~iincluding irrigation j-NOTES: Located on the north-west corner of Solana Way and continuing north on the west side of Ryecrest Drive to end of project. TOTAL SQ. FEET: VERIFIED SQ. FOOTAGE 38,025 38,025 COST PER SQ. FOOT .OO68 SUBTOTAL: BID AMOUNT $258.57 $258.57 PAGE 44 OF CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 LINE ITEM NO. 45 TRACT NO. 22593-1 ~TRACT NAME Rancho Solano TRACT GENERAL LOCATION: Located on the south-west corner of Calle Fuego and Solana Way continuing west on the south side of Solana Way to end of project. Also on iithe south-east corner of Calle Fuego and Solana Way, continuing east on the south side ~iof Solana Way to end of project. ,;DESCRIPTION !iTurf, parkway and entry i!maintenance including ,,irrigation !Slope maintenance iiincluding irrigation VERIFIED SQ. FOOTAGE 3,338 TOTAL SQ. FEET: 3,338 }I . NOTES: :. ~', COST PER ~ BID SQ. FOOT ~ AMOUNT .0068 SUBTOTAL: $22.70 $22.70 PAGE PREPARED BY }~ _iNE ITEM NO. 46 i~TRACT GENERAL LOCATION: ~ Of Via La Vida. ~!DESCRIPTION iiTurf, parkway and entry !!maintenance including ,irrigation i~Slope maintenance ;!including irrigation ,i !i !~OTES: TOTAL SQ. FEET: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 PAGE ~ OF TRACT NO. 22593-2 j TRACT NAME Rancho Solano ~j Located on the south side of Solana Way and the west sidej VERIFIED SQ. FOOTAGE 4,512 4,512 COST PER SQ. FOOT .0068 SUBTOTAL: BID AMOUNT $30.68 $30.68 .i / P~EPARED BY ~ CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 i LINE ITEM NO. 47 TRACT NO. 23128 i TRACT NAME Martinique TRACT GENERAL LOCATION: Located on the north side of Deer Meadow continuing east to Benwood. On General Kearny between Deer Meadow and Solerno. On Solerno both sides of parkway between General Kearny and Milano On Nicholas between General Kearny and Villa Venecia, On Nichol~ from Vi]l~ V~'~pcia to end of prqject. i!DESCRIPTION iiTurf, parkway and entry i!maintenance including i!irrigation !~Slope maintenance I!including irrigation NOTES: TOTAL S~. FEET: VERIFIED SQ. FOOTAGE 6,465 33,000 39,465 COST PER SQ. FOOT .0090 .0068 BID AMOUNT $58.19 $224.40 SUBTOTAL: $282.59 PAGE ~' OF PREPARED BY CITY OF TEMECULA COMMUNITY SERVICES DISTRICT SLOPE MAITENANCE BID JULY 31, 1991 iNE ITEM NO. 48 !TRACT NO. 21765 ]TRACT NAME Meadowview Estates TRACT GENERAL LOCATION: Fronting on Margarita Parkway from Sonoma east to end of project. Also entry sign landscaping that wraps around to private property. Also two (2) sections of inside streetscapes along the north-east side of Corte Contania. DESCRIPTION Turf, parkway and entry maintenance including irrigation Slope maintenance including irrigation t TOTAL SQ. FEET: iNOTES: VERIFIED SQ. FOOTAGE 27,640 27,640 COST PER SQ. FOOT .0068 SUBTOTAL: BID AMOUNT $187.95 $187.95 PAGE OF PREPARED BY \ · \ ~ I1 CITY OF TEMECULA COHHUN]TY SERVICES DISTRICT SLOPE [IA]TENANCE I3]D JULY 31 , 1991 !LINE ]TEbl NO. 49 TRACT NO. 21082-4 IRAC~' NAHE VillaBe Grove ITRACT GENEEAL LOCATION: Located on the west side of Margarita Road beginning at northeast corner of Lot ~31 Tract ~21082-4 continuing southeast to northeast corner " of Lot ~24 Tract ~21082 I'DESCRIPT]O~ ' i Turf , parkway and entry I maintenance inc]udin~ irrigation , 3050 ~ .0068 I $20.74 }'Slope maintenance ~:inc]uding irrigation }~ TOTAL S~. [Eli: 3050 ~ i SUBlOYAL: I~ , , $2o. 74 ~. NOTES: i I , · I I : I ['AGE OF TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD AUGUST 13, 1991 A regular meeting of the Temecula Redevelopment Agency was called to order at 8:54 PM. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Mufioz, Parks, Moore ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director David F. Dixon, General Counsel Scott F. Field and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS 1. Minutes It was moved by Member Parks, seconded by Member Mufioz to approve staff recommendations as follows: 1.1 Approve the minutes of the meeting of July 16, 1991. 1.2 Approve the minutes of the meeting of July 23, 1991. The motion was carried by the following vote: AYES: 5 MEMBERS: NOES: 0 MEMBERS: ABSENT: 0 MEMBERS: Birdsall, Lindemans, Mu~oz, Parks, Moore None None EXECUTIVE DIRECTOR'S REPORT Executive Director Dixon reported that staff is preparing a Conflict of Interest Policy for Agency Action. He also stated a notebook is being prepared with a compilation of the plan, stipulated agreement and other documents necessary for running the Redevelopment Agency. He stated staff is preparing for action a promissory note so that tax increment can be directed to the agency. He reported that the set-a-side for housing, collected by the County, has been received in the amount of $800,000. He also reported the agency should be looking into bonds by the end of this year. 4\RDAMIN\081391 -1- 08/22/91 Temecula Redevelopment Agency Minutes August 13. 1991 Member Lindemans asked what impact the failure of Executive Life will have on the City's ability to obtain bonding. Executive Director Dixon stated the City will have to prepare a report and assure bonding companies that the ability to repay these bonds exist. Member Parks stated that an Advisory Committee is supposed to be set up and asked what progress is being made. Executive Director Dixon reported that this will be on the agenda within the next two to three weeks for consideration and approval of an interim plan to appoint the first group and set up an election. GEN~AL COUNSEL'S REPORT None given. AGENCY MEMBERS REPORTS None given. ADJOURNMENT It was moved by Member Parks, seconded by Member Mu~oz to adjourn at 9:02 PM to a meeting on August 27, 1991 at 8:00 PM at the Temporary Temecula Community Center. The motion was unanimously carried. ATTEST: Peg Moore, Chairperson June S. Greek, Agency Secretary 4\RDAMIN\081391 -2- 08/22/91 ITEM NO. 2 ~s~/AGDl10627 $ CITY OF TEMECULA AND REDEVELOPMENT AGENCY STAFF REPORT TO: FROM: DATE: MEETING DATE SITBJECT: CITY COUNCIL AND AGENCY/CITY MANAGER AND EXECUTIVE DIRECTOR SCOTT F. FIELD, CITY ATTORNEY AND GENERAL COUNSEL AUGUST 3, 1991 AUGUST 26, 1991 AGREEMENT BETWEEN CITY AND AGENCY TO ESTABLISH AN AGENCY ADMINISTRATIVE FUND AND A REVOLVING FUND RECOMMENDATION: That the City Council and the Agency approve the Agreement to establish an Agency Administration Fund and a Revolving Fund. DISCUSSION: There are two legal requirements that must be met before a Redevelopment Agency can receive property tax increment funds. The first is that the Agency adopt a redevelopment plan expressly providing for tax increment financing. This has already been done. The second is that there must be loans, advances or other indebtedness incurred by the Redevelopment Agency in carrying out the redevelopment plan. As a procedural matter, in -1- sff/AGDl10627 order for the Agency to actually receive property tax increments, it is necessary that it file an annual Statement of Indebtedness with the County Auditor not later than October 1 of each year. The Statement of Indebtedness must contain the date on which each indebtedness was incurred, the principal amount, term, purpose and interest rate of each indebtedness, and the outstanding balance of each indebtedness. The Auditor can then pay to the Agency its share of the tax increment, up to the maximum of the Agency's indebtedness. There are a variety of different types of indebtedness which the Agency may enter into. One type the Agency has already entered into is the Owner Participation Agreement with Costco. That agreement and the related Sales Tax Allocation Agreement provides that the City will advance to the Agency a maximum of two and one-half million dollars in sales tax revenues, which the Agency will then pay over to Costco. However, the Agency is also to repay this money to the City from property tax increment. Another common method to establish debt is for the City to advance to the Agency funds to establish an Agency Administrative Fund and a Revolving Fund. The former may be used to defray administration expenses; the latter may be used for specific redevelopment projects and site acquisition. In turn, the Agency pledges to repay these sums with interest as specified, and pledges the tax increment from the project for this repayment. Attached is such an agreement and a related promissory note in the amount of $2,075,000. This agreement also authorizes the City Manager/Executive Director to make City officers and employees available to the Agency, and compensate the City for such use. It is recommended that the City Council and the Agency approve these documents. ATTACHMENTS: - An Agreement Regarding Agency Administrative Fund and Revolving Fund FISCAL IMPACT: - City lends to the Agency $2,075,000 at the interest rate of ten percent (10%) per year. -2- AGREEMENT REGARDING REDEVELOPKENT AGENCY ADMINISTRATIVE FUND AND REDEVELOPMENT REVOLVING FUND THIS AGREEMENT, made and entered into by and between the CITY OF TEMECULA, a general law city ("CITY") and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a Redevelopment Agency ("AGENCY"): WITESSNETH: The parties hereto do agree as follows: 1. Recitals. This Agreement is made and entered into with respect to the following facts: (a) That Agency, as of July 1, 1991, become the responsible governmental entity for the implementation of that certain redevelopment plan adopted by the County of Riverside and its Redevelopment Agency, entitled "Riverside Redevelopment Project 1988-1#; and (b) That City is desirous of cooperating with the Agency, in the manner permitted pursuant to the sff/AGRll7171 8/2/91 -1- Community Redevelopment Law of the State of California (Section 33000 et seq., of the Health and Safety Code; hereafter #CRL#); and (c) That the parties hereto desire to formalize certain aspects of their joint cooperative activities in implementation of the provisions of the said plan and to formalize the same; and (d) That the legislative bodies of each of the parties hereto have determined that the public interest, convenience and necessity require the execution of this Agreement. 2. Redevelopment Agency Administrative Fund. The City does hereby agree to loan funds to the Agency, from time to time, to the extent that City funds are available for that purpose as determined by the City Council of City. The City Council has heretofore agreed to make an initial loan to the Agency, and Agency has agreed to accept the same, in the amount of $75,000.. Said Loan shall be used to defray the administrative expenses and overhead of the Agency, subject to the provisions of Sections 33610- 33615 of the CRL. sff/AGRll7171 s/2/9l -2- 3. Redevelopment Revolving Fund. The City does hereby agree to loan funds to the Agency, from time to time, to the extent that City funds are available for that purpose as determined by the City Council of City. The City Council has heretofore agreed to make an initial loan to the Agency, and Agency has agreed to accept the same, in the amount of $2,000,000. Said Loan shall be used to establish a Redevelopment Revolving Fund to be maintained in the City Treasury, subject to the provisions of Sections 33620-33626 of the CRL. By resolution of the City Council adopted by majority vote, any money in the Redevelopment Revolving Fund may be expended from time to time for: (a) The acquisition of real property in the project area; and (b) The clearance, aiding in relocation of site occupants, and preparation of the project area for redevelopment. By resolution of the City Council adopted by a two- thirds vote, any money in the Redevelopment Revolving Fund may be paid to Agency, upon such terms and conditions as the Council may prescribe for any of the following purposes: (a) Deposit in a trust fund to be expended for the acquisition of real property in the project area; sff/AGRll7171 8/2/91 -3- (b) The clearance of the project area for redevelopment; or (c) Any expenses necessary or incidental to the carrying out of the Redevelopment Plan. 4. Loans. The loans provided for at Sections 2 and 3 shall be formalized by a Promissory Note in substantially the form attached hereto and incorporated herein by this reference, marked Exhibit A. The Agency pledges to repay said loan from tax increment from Riverside Redevelopment Project 1988-1. 5. Use Of Certain City Officers and Employees. Pursuant to Section 33128 of the CRL, City agrees to make available to Agency, to the extent determined by the City Council to be feasible, the services of certain of City officers and employees. The City Manager of the City and the Executive Director of the Agency shall determine the city officers and employees whose services shall, on a part- time basis, be made available to the Agency and the compensation to be received by City from Agency therefor. 6. Consultants. To the extent feasible, the parties shall undertake to employ consultants, as needed from time to time, on a joint basis so that duplication of effort is avoided in providing such consulting services. 7. Provision of Offices. The City shall make available space in the City offices for the use by Agency on sff/AGRll7171 8/2/91 -4- an on-going basis. The City Manager of the City and the Executive Director of the Agency shall determine the amount of compensation to be paid to City by Agency for the use of such office facilities. 8. Indemnification. Each of the parties hereto does hereby indemnify the other party hereto, and that parties elected and appointed officers, agents, and employees, and does hereby agree to hold such indemnified parties free and harmless from any claim demand or judgment arising out of the activities of the indemnifying party. 9. Notices. Notices required pursuant to this Agreement shall be in written form, and shall be personally served upon the party to be notified, or shall be deposited in the course and custody of the United States Postal Service, or its lawful successor, postage pre-paid addressed to the parties as follows: City: Mayor City of Temecula 43172 Business Park Drive Temecula, California 92390 sff/AGRll7171 8/2/91 -5- Agency: Chairperson Temecula Redevelopment Agency City of Temecula 43172 Business Park Drive Temecula, California 92390 Notices given pursuant hereto shall be deemed given as of the date of personal service, or two consecutive calendar days following the deposit of such notice in the custody of the United States Postal service. 8. Effective Date. This Agreement shall be in full force and effect from and after August 27, 1991. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as follows: CITY OF TEMECULA By: Ronald J. Parks Mayor ATTEST: June Greek City Clerk sff/AGRll7171 8/2/91 -6- APPROVED AS TO FORM Scott Field City Attorney TEMECULA REDEVELOPMENT AGENCY By: Peg Moore Chairperson ATTEST: June Greek Secretary APPROVED AS TO FORM Scott Field General Counsel sff/AGRll7171 8/2/91 -7- PROMISSORY NOTE The Temecula Redevelopment Agency does hereby promise to pay to the City of Temecula on or before June 30, 1994, the sum of $2,075,000, the receipt of which, as a loan, is hereby acknowledged. The principal sum due on this note shall carry interest at the rate of ten percent (10%) per annum, from the date of this note to and including the date that the full amount of the principal sum due hereunder is paid in full to City. That principal and interest due hereunder shall be paid in currency of the United States at the offices of the City located at 43172 Business Park Drive, Temecula, California 92390. Should litigation be necessary to enforce the rights of either party pursuant to this Note, the prevailing party in such litigation shall be entitled to recover its costs together with reasonable attorneys fees. TEMECULA REDEVELOPMENT AGENCY By: Peg Moore Chairperson ATTEST: June Greek Secretary EYNIBIT A