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032597 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 25, 1997- 7:00 PM 6:30 PM - Closed SesSion of the City Council pursuant to. Government .Code Sections: 1. §54945.,8, 'Conference with Rea!.PropertyNegotiator; Property'.' Portions of APN 9'22-010- 0'1'7, First Street, Temecula; Negotiating Parties: City of Temecula 'and Richard and: Marilyn Gabriel; Under negotiation: price and terms of purchase, 2. §:54956.9 (a), Conference with: Legal Counsel - Existing Litigation~ Strach'ota Insurance v. City of Temecula. et. al: At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS R:\Agenda\032597 Next in Order: Ordinance: No. 97-05 Resolution: No. 97-29 Mayor Patricia H. Birdsall presiding John Langdon Thomas, Jr. Reverend John R. Chambers, Grace Presbyterian Church Councilmember Roberts Ford, Lindemans, Roberts, Stone, Birdsall Temecula Sister City - Exchange Student Presentations National Records and Information Management Week "California First" - Legislative Leadership Summit Day 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of February 25, 1997. R:\Agenda\032597 2 3 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: 4 5 6 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Release Faithful Performance Warranty, Labor and Materials, and Monument Bonds in Tract No. 26861-2 (Located Southwesterly of Intersection of Highway 79S at Margarita Road) RECOMMENDATION: 4.1 Authorize release of Faithful Performance Warranty, Labor and Material, and Subdivision Monumentation bonds for Tract No. 26861-2; 4.2 Direct the City Clerk to release the bonds and so notify the developer and security. Acknowledge Completion of Certain Improvements in Tract No. 26861-3 (Located Southwesterly of Intersection of Highway 79S at Margarita Road) RECOMMENDATION: 5.1 Acknowledge completion of certain improvements in Tract No. 26861-3; 5.2 Authorize reduction in Faithful Performance Bond amounts for the improvement of private streets and drainage, and water and sewer systems, initiate the one-year warranty period, release the subdivision monument bond; 5.3 Direct the City Clerk to so notify the developer and surety. Completion and Acceptance of the Community Recreation Center Emergency Generator Project - Project No. PW95-02CSD RECOMMENDATION: 6.1 Accept the Construction of the Community Recreation Center Emergency Generator, Project No. PW95-02CSD, as complete; 6.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 6.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 3 R:\Agenda\032597 Temecula Duck Pond Park Property: Correction of Property Line, Grant of Easements and Agreements Between the City of Temecula and Oscar's Restaurant RECOMMENDATION: 7.1 Correct the property line and legal descriptions for the Temecula Duck Pond and Oscar's Restaurant by recording a Corrective Quitclaim Deed; 7.2 Approve the Agreement between Oscar's Restaurant and the City of Temecula to provide park access, reciprocal parking, and use of flag poles; 7.3 Approve the Agreement between Oscar's Restaurant and the City of Temecula to grant a water line easement to Oscar's Restaurant; and accept a utility easement from Oscar's Restaurant providing electrical service to the Temecula Duck Pond; 7.4 Upon recordation of the Corrective Quitclaim Deed, authorize the City Clerk to record the utility easements and agreement documents in the order set forth above. 8 Purchase of City Manager Vehicle RECOMMENDATION: 8.1 Approve the purchase of a 1997 Ford Explorer XLT in the amount of $27,851.14, and appropriate $1,400 to the Vehicle Internal Service Fund to cover the vehicle depreciation expense for this fiscal year. I-15/Rancho California Road Interchange Improvements, Work Authorization Agreement with GTE California for the cost of relocating/under grounding of GTE California's Facilities at Rancho California Road and Interstate Route 15, Project No. PW95-12 RECOMMENDATION: 9.1 Approve the Interagency Agreement and authorize the Mayor to execute documents. 9.2 Authorize payment to the GTE California for construction fees in the amount of $592,190.00. R:\Agenda~032597 4 10 Election Declaration of Results of March 4, 1997 RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE MUNICIPAL ELECTION HELD ON TUESDAY, MARCH 4, 1997, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, TEMECULA REDEVELOPMENT MEETING. OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING AND THE OLD TOWN/WESTSlDE IMPROVEMENT AUTHORITY MEETING R:~Agenda\032597 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 97-01 Resolution: No. CSD 97-01 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" before the Board of Directors gets to that item. individual speakers. form must be filed with the City Clerk There is a five (5) minute time limit for Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 18, 1997. R:\Agenda\032597 6 Conveyance of Easement and Acceptance of Faithful Performance Bond/Veteran's Park (Located at the Northeast Corner of La Serena Way and South General Kearny Road) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, GRANTING AN EASEMENT IN FAVOR OF TCI CABLEVISION OF CALIFORNIA, INC. ACROSS VETERAN'S PARK, WITHIN THE CITY OF TEMECULA 2.2 Direct the Secretary/City Clerk to obtain the necessary signatures and record the Grant of Easement Deed. 2.3 Accept the Faithful Performance Bond provided by TCI Cablevision of California, Inc. as security for the restoration of any park facilities damaged by the cable installation. 3 Landscape Maintenance Improvement - TCSD Parks, Slopes and Medians RECOMMENDATION: 3.1 Approve a contract amendment in the amount of $20,000 to California Landscape Maintenance Inc. to provide repairs and improvements to City parks and medians currently under contract for maintenance through the end of FY 1996-97; 3.2 Approve contract amendment in the amount of $20,000 to Excel Landscape, Inc., to provide repairs and improvements to City-Maintained slope areas currently under contract for maintenance through the end of FY 1996-97. DISTRICT BUSINESS Proposed Landscape Maintenance Fee - Rancho Highlands RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO A PROPOSED INCREASE IN SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO. 22761 (RANCHO HIGHLANDS) FOR FISCAL YEAR 1997-98 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH R:\Agenda\032597 7 DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: April 8, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\032597 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 97-01 Resolution: No. RDA 97-01 CALL TO ORDER: Chairperson Steven J. Ford presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 18, 1997. Award a Professional Services Agreement to Webb and Associates to Prepare Construction Drawings for the Old Town Streetscape Improvement Project RECOMMENDATION: 2.1 Award a Professional Services Agreement in the amount of $209,875 to Webb and Associates to prepare construction drawings for the Old Town Streetscape Improvement Project. 2.2 Authorize the Chairperson to execute the agreement and the City Clerk to attest. R:\Agenda\032597 9 3 First Time Home Buyer Program RECOMMENDATION: 3.1 Authorize $100,000 from the RDA Housing set-aside to continue funding the First Time Home Buyer Program through the end of the fiscal year. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: Drive, Temecula, California. April 8, 1997, 7:00 PM, City Council Chambers, 43200 Business Park R:~Agenda\032597 10 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Resolution No.: CALL TO ORDER: Chairperson Karel F. Lindemans ROLL CALL: Birdsall, Ford, Roberts, Stone, Lindemans PUBLIC COMMENTS Next in Order: No. FA 97-01 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. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the agenda a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 18, 1997. ADJOURNMENT Next regular meeting: Drive, Temecula, California. April 8, 1997, 7:00 PM, City Council Chambers, 43200 Business Park R:\Agenda\032597 11 OLD TOWN WESTSiDE IMPROVEMENT AUTHORITY Next in Order: Resolution No.: No. IA 97-01 CALL TO ORDER: Chairperson Karel F. Lindemans ROLL CALL: Birdsall, Ford, Roberts, Stone, Lindemans 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. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 18, 1997. ADJOURNMENT Next regular meeting: Drive, Temecula, California. April 8, 1997, 7:00 PM, City Council Chambers, 43200 Business Park R:~Agenda\032597 12 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 11 First Street Realignment and Extension Project RECOMMENDATION: 11.1 Open and conduct a hearing on the adoption of a proposed Resolution of Necessity, receive from the staff the evidence stated and referred to herein, take testimony from the property owners or their representatives if they ask to be heard on issues A, B, C, and D as set forth below, and consider all the evidence. 11.2 If the City Council finds, based on its consideration of the evidence contained and referred to in this staff report, the testimony and comments received during the public review and planning process, all testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to the proposed Resolution of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject property: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION PROJECT, GABRIEL 922-010-017 Note: This requires an affirmative FOUR-FIFTHS (4/5) vote of the City Council; 11.3 11.4 11.5 11.6 Direct the City Attorney to file the action expeditiously; If the Resolution is approved, approve a warrant payable to Arthur Sims, Executive Officer, Superior Court of the State of California for the County of Riverside, for the deposit required to be made with the Court to obtain an Order of Possession in the amount of Five Thousand Four Hundred Seventy-three Dollars ($5,473) on behalf of Richard G. and Marilyn F. Gabriel. Authorize the City Manager to execute all necessary documents. Appropriate $5,473 from the General Fund to the Capital Improvement Fund. R:\Agenda\032597 13 12 Appointment to the Selection Committee for Southside Specific Plan RECOMMENDATION: 12.1 Make an appointment to the Selection Committee for the Southside Specific Plan. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: April 8, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\032597 14 PROCLAMATIONS/ PRESENTATIONS CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WITNESS WItERF~F, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June $. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. 1989 IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. 1989 IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WrrNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN W1TNF_SS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WrrNESS WHEREI)F, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. 1989 IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WITNESS WBEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN wrrNF3S W!tERF.13F, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WrrNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WTrNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Voorburg, Holland. 1989 IN WITNESS WNEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN WITNESS W}tERF_,OF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. 1989 IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day- of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN wYrNF3S WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN wrrNESS WHEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN WITNESS W/tEREOF, I have hereunto affixed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk CITY OF TEMECULA Special Achievement Award The City Council of the City of Temecula congratulates: chosen as City of Temecula's Sister City Student Representative to Nakayama, Japan. IN WITNESS WttEREOF, I have hereunto affLxed my hand and official seal this 25th day of March, 1997 Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk Ci¢ of T m ula PROCLAMATION WHEREAS, management and conevol of information is increasingly critical to industry, business and government agencies, and the systematic creation, distribution, storage and retrieval of records are of critical importance ~o the continued and efficient operation of all good organizations; and WHEREAS, organizations that excel today and tomorrow will be those recognizing information as a maior resource and structuring it as efficiently as they do other assets; and WHEREAS, an effective records management program assures the availability of information as a basis for sound decision-making by providing security and control a~ainst loss through mismana~;ement, natural disaster, theft or inadvertent destruction; and WHEREAS, the City of Temecula is a member of ARMA International whose purpose is promoting professionalism and education in Records and Information Management and providing a forum for the exchange of information and the establishment of standards within records management practices; NOW, THEREFORE, BE IT RESOLVED, that the City of Temecula does hereby proclaim the week of March 30-April 5, 1997 to be IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 2$th day of March, 1997. Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk PROCLAMATION WHEREAS, the Southern California Association of Governments {SCAG) is a Joint Powers Agency {JPA} established pursuant to Sections 6502 et seq. of the California Government Code and is the designated Metropolitan Planning Organization {MPO) for the counties of Imperial, Los Angeles, Orange, Riverside, San Bernar~li,~o, and Ventura; and WHEREAS, SCAG's mission is to ~~~d~ leadership, vision and p~ogress which promote economic growth, personal well-being, and livable communities for Southern Californians; and WHEREAS, SCAG has invited every State Legislator from the SCAG region to attend a Legislative Leadership $u,nmit, "California First", which will be held at the University of Southern California {U$C) on April ][]1, 1997 to foster unity in the Southern California delegation on issues affecting the region; NOW, THEREFORE, BE IT RESOLVED, that the City of Temecula does hereby proclaim April ]11, 1997 as IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 25th day of March, ]1997. Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD FEBRUARY 25, 1997 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:40 moved by Councilmember Roberts, seconded by Councilmember Lindemans Executive Session at 5:40 PM, pursuant to Government Code Sections: PM. It was to adjourn to 1. §54957, Performance Evaluation for City Manager. 2. §54956.8(a), Conference with Legal Counsel - Existing Litigation City of Temecula vs. K.R. Palm Plaza. 3. § 4956.8, Conference with Real Property Negotiator; Property: 41915 Business Park Drive; Negotiating Parties: Redevelopment Agency of the City of Temecula and International Rectifier; Under negotiation: Terms and conditions of an Owner Participation Agreement. 4. §54956.8, Conference with Real Property Negotiator: Property: 550 acres bounded Westerly by I-15, Northerly by the City of Murrieta, Easterly by Margarita Road and Southerly by Highland Business Park and Ynez Road Extension; Negotiating Parties: City of Temecula and Stephen Bieri; Under negotiation: Price and terms of acquisition. The motion was unanimously carried. The Executive Session was adjourned at 7:13 PM. A regular meeting of the Temecula City Council was called to order at 7:22 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Tracy Milner. INVOCATION The invocation was given by Pastor Jeremy Swizek, World Harvest Outreach. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. Minutes\02\25\97 -1- 03/17/97 City Council Minutes February 25, 1997 CITY ATTORNEY REPORT City Attorney Thorson stated in accordance with the Brown Act, there was nothing to report from Closed Session. PUBLIC COMMENTS Joan Sparkman, encouraged all Temecula residents to vote "yes" on Measure C on March 4, 1997. ITEM ADDED TO AGENDA BASED ON SUBSEQUENT NEED Parcel Map No. 26232-2, Located at the Southeast Corner of Winchester Road and Nicolas Road It was moved by Councilmember Stone, seconded by Councilmember Lindemans to add approval of Parcel Map No. 26232-2, located at the Southeast Corner of Winchester Road and Nicolas Road to the agenda, based on a finding of subsequent need. The motion was unanimously carried. Mayor Birdsall announced the item would be added to regular Council Business as item 20(a). CITY COUNCIL REPORTS Councilmember Stone requested the Public Works Department investigate safety issues on Pauba Road, suggesting safety rails on certain steep embankments. He also reported on the ERACIT program, regarding the sale of alcohol. He announced those businesses that have received a "first strike", or first offense, for selling alcohol to minors. He also reported those businesses that have received a clean record, and thanked them for their efforts. Councilmember Stone thanked Mayor Birdsall for addressing concerns of Girl Scouts, who were disallowed from selling Girl Scout Cookies at the Target Center, and thanked those shopping centers that support the values of the Girl Scout Program and other non-profit agencies. Councilmember Stone announced that Shawn Nelson's daughter was involved in very severe accident, involving a drunk driver, and explained that although she was very seriously injured, she is expected to make a full recovery. Councilmember Roberts requested that staff schedule a meeting with the General Manager of TCI, to express the concerns of City residents over decreased quality of cable service in Temecula. Councilmember Ford, as a member of the Murrieta Creek Coalition, reported final documentation has been received that Murrieta Creek has been designated Zone 7, highest priority, and Federal Funding can now be pursued. Minutes\02\25\97 -2- 03/17/97 City Council Minutes February 25, 1997 Councilmember Lindemans requested staff time to investigate funding sources to assist the RTA in creating a workable transit system. Councilmember Stone requested that this be placed on the agenda for further discussion. Mayor Birdsall thanked the public on behalf of Mr. and Mrs. Shawn Nelson, for all their support, cards and flowers, sent to their daughter Jennifer, at Loma Linda Hospital. She reported that Jennifer continues to progress well. Councilmember Ford reported that Commissioner Rich Soltysiak and his daughter Amie, also injured in this accident, are both at home and wish to thank the citizens of Temecula for their prayers and support. CONSENT CALENDAR City Clerk June Greek announced a request to speak on Item No. 9. Councilmember Lindemans requested the removal of Item No. 14 from the Consent Calendar for further discussion. Councilmember Stone requested the removal of Item No. 12 from the Consent Calendar. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve Consent Calendar Items 1-8, 10, 11, 13, 15 and 16. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of January 28, 1997. 2.2 Approve the minutes of February 11, 1997. Minutes\02\25\97 -3- 03/I 7/97 City Council Minutes February 25, 1997 Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Local Agency/State Master Agreement for Federal Aid Projects Reflecting the New Provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) and the Reengineered Local Assistance Procedures 4.1 Adopt a resolution entitled: RESOLUTION NO. 97-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE NEW LOCAL AGENCY/STATE MASTER AGREEMENT NO. 08- 5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA TO ESTABLISH FEDERAL FUNDING PROVISIONS IN COMPLIANCE WITH THE NEW PROVISIONS OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) AND THE REENGINEERED LOCAL ASSISTANT PROCEDURES Program Supplement No. 004 to the Local Agency/State Agreement for Federal Aid for Replacement of Traffic Signal Controller on Rancho California Road at Front Street 5.1 Adopt a resolution entitled: RESOLUTION NO. 97-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 004, TO LOCAL AGENCY/STATE AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR STATE PROJECT NUMBER ER-2429(002), REPLACEMENT OF TRAFFIC SIGNAL CONTROLLER ON RANCHO CALIFORNIA ROAD AT FRONT STREET Minutes\02\25\97 ~4- 03/17/97 City Council Minutes Februarv 25, 1997 Completion and Acceptance of the Traffic Signal at Rancho California Road and Cosmic Drive/Humber Drive, Project No. PW96-08 6.1 Accept the traffic signal at Rancho California Road and Cosmic Drive/Humber Drive, Project No. PW96-08; 6.2 File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 6.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Completion and Acceptance of the Traffic Signal Interconnect Conduit Installation, Project No. PW95-16, Phase I 7.1 Accept the traffic signal interconnect conduit installation, Project No. PW95-16, Phase I; 7.2 File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 7.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Accept Subdivision Monumentation in Tract No. 22716-4 (Northeasterly of Intersection of Meadows Parkway at Rancho Vista Road 8.1 Accept the Subdivision Monumentation in Tract No. 22716-4; 8.2 Authorize release of the Subdivision Monumentation Bond; 8.3 Direct the City Clerk to so advise the several Developers and Surety. 10. Temecula Creek Channel Meadows Greenbelt Lateral Project No. 7-0-0044 Tract No. 24187 and Tract No. 24188 Cooperative Agreement 10.1 Approve Temecula Creek Channel Meadows Greenbelt Lateral Project No. 7-0- 0044 Tract No. 24187 and Tract No. 24188 Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the Newland Associates, Inc.; 10.2 Authorize the execution and attestation of such agreement in its final form by the City Manager and City Clerk. Minutes\02\25\97 -5- 03/17/97 City Council Minutes February 25, 1997 11. Contract Change Order No. 1, Installation of Conduit on Rancho California Road Bridge at I-15, Project No. PW95-16A 11.1 Approve Contract Change Order No. 1 for the installation of additional conduit on Rancho California Road, Project No. PW95-16A in the amount of $9,712.50. 11.2 Appropriate funds in the amount of $8,043.70 from the Development Impact Fees to the Capital Improvement Account No. 210-165-640-5804. 13. Amendment to Staffing Services Agreement (E.S.I.) 13.1 Approve a Third Amendment to the Staffing Service Agreement with Employment Services, Inc. (E.S.I.), extending the terms of said Agreement to February 25, 1998, with an option to extend the Agreement for an additional (12) month period. 15. Records Destruction Approval 15.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 16. Appropriation of Grant Funds 16.1 Appropriate $97,393.00 to purchase equipment for Police Department Use. 9. "No Parking" Zone on Mira Loma Drive Public Works Director Joe Kicak presented the staff report. Councilmember Roberts asked what the posted speed limit is on Mira Loma Drive. Public Works Director Kicak stated there is no speed limit posted on Mira Loma Drive at this time, and a speed survey would need to be done in order to post this street. Lieutenant Jim Domonoe clarified, in the absence of a posted speed limit, 55 mph is the assumed allowable speed by law. Councilmember Stone suggested bringing this issue before the State Legislature, asking that a bill be sponsored to obtain "home rule" for posting of speed limits within City limits. Minutes\02\25\97 -6- 03/17/97 City Council Minutes February 25. 1997 12 Robert Oder, 29911 Mira Loma Drive, requested that the speed limit be addressed as soon as possible, stating cars travel down the hill at a high speed, directly in front of a large apartment complex and a pre-school. Mayor Birdsall requested that "Drive Slow - Children Present" signs be posted immediately. It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve staff recommendation with additional direction to staff to check to make sure both schools are posted for school zone speed limits and to conduct a speed survey as soon as possible. It was also directed that staff post "Drive Slow - Children Present" signs on Mira Loma Drive. 9.1 Adopt a resolution entitled: RESOLUTION NO. 97-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON MIRA LOMA DRIVE AS SHOWN ON EXHIBIT "A" The motion was unanimously carried. Professional Services Agreement for In-house Plan Review Services Councilmember Stone stated he supports the addition of a staff member in this position, however, he feels that the $50,000 credit with Willdan should be used before considering whether further business with this company is warranted. Chief Building Official Tony Elmo, explained that this is a negotiated rate to perform these services, and would allow the City to extend the amount of hours this consultant would be available. Ron Espalin, Division Manager of Willdan and Associates, explained that the $53.00/hr is a negotiated fee, based on the impact of the payback being spread over a longer period of time. He stated the customary fee is $73.00/hr for plan review. He said if the proposed arrangement is not agreeable to the Council, this rate needs to be re- negotiated. Councilmember Stone stated he feels that prior to negotiating any future business, the $50,000 credit needs to be expended. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation with a change in Exhibit "B" Payment Schedule to read: "Compensation...shall be at the rate of $55.00 per hour up to such time as the City has expended a $50,000.00 credit currently existing with Willdan Associates. Minutes\02\25\97 -7- 03/17/97 City Council Minutes February 25, 1997 The motion carried as follows: AYES: 4 COUNCILMEMBERS: NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone Birdsall None 14 Fire Protection Agreement for Fiscal Year 1996/97 Councilmember Lindemans questioned the indemnification clause in this agreement. City Attorney Thorson stated this is the indemnification clause style the County of Riverside uses, and in answer to his question, it is stated on Page 4, Subsection B, the County shall indemnify and hold the City , its officers, agency, employees and independent contractors free and harmless .... It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve staff recommendation as follows: 14.1 Approve the Fire Protection Agreement for Fiscal Year 1996-97 and authorize the Mayor and City Clerk to execute the agreement, final form to be approved by the City Manager and City Attorney. The motion was unanimously carried. RECESS Mayor Birdsall called a recess at 8:30 PM to accommodate the scheduled Community Services District, Redevelopment Agency, Old Town/Westside Community Facilities District Financing Authority and Old Town/Westside Improvement Authority Meetings. The meeting was reconvened at 8:45 PM. PUBLIC HEARINGS 17. Development Code Amendment No. 2 (Continued from the Meeting of 1/28/97) Senior Planner Dave Hogan presented the staff report. Councilmember Roberts requested clarification on definition of schools. He asked if religious institutions with afternoon and evening classes would be included. Minutes\02\25\97 -8- 03/17/97 City Council Minutes February 25, 1997 Senior Planner Dave Hogan answered that religious institutions would be allowed in all zones through a Conditional Use Permit. He further clarified adult schools would not be included in this amendment. Mayor Birdsall opened the public hearing at 8:50 PM. Hearing no requests to speak, Mayor Birdsall closed the public hearing at 8:50 PM. It was moved by Councilmember Lindemans, seconded by Councilmember Ford to approve staff recommendation as follows: 17.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE CHANGES TO TABLE 17.08(a) OF THE DEVELOPMENT CODE The motion was unanimously carried. 18. Community Design Guidelines Community Development Director Gary Thornhill introduced Senior Planner Dave Hogan and Mark Broder of Urban Design Studio. Senior Planner Hogan, outlined steps taken to develop the Community Design Guidelines. Mark Broder, of Urban Design Studio, outlined the Community Design Guidelines and explained the philosophy used in developing these guidelines. Mayor Birdsall opened the public hearing at 9:21. Hearing no requests to speak, Mayor Birdsall closed the public hearing at 9:21. RECESS Mayor Birdsall called a brief recess at 9:21 PM to change the tape. The meeting was reconvened at 9:22 PM. Councilmember Ford asked that Section D be modified to conform with the upcoming sign ordinance. Minutes\02\25\97 -9- 03/17/97 City Council Minutes February 25, 1997 It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation, with a correction to Page 111-28 to delete the first sentence and add it to subsection "D". 18.1 Adopt a resolution entitled: RESOLUTION NO. 97-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING COMMUNITY DESIGN GUIDELINES AND AUTHORIZING THEIR USE The motion was unanimously carried. 19. Planning Application No. 97-0042, Development Code Amendment and Planning Application No. PA97-0016, Old Town Specific Plan Amendment, Fortune Telling Councilmember Stone announced a conflict of interest, based on property ownership in Old Town, and stepped down from the dias. Councilmember Lindemans announced a conflict of interest, based on religious convictions and stepped down from the dias. Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 9:32 PM Gary Simon, 33009 Tulley Rancho Road, addressed the City Council requesting fortune telling and spiritualism be disallowed in the City of Temecula. He requested this item be continued for six months to research the effects of these types of businesses on a community. Mayor Birdsall closed the public hearing at 9:39 PM. Councilmember Roberts asked if there is a definition of the differences between spiritualism and fortune telling. City Attorney Thorson stated he is not aware of any cases that draw distinctions between the two. He explained that this is a land use ordinance, and adoption does not condone these activities. He stated the State Supreme Court has ruled that Fortune Telling, Spiritualism, etc. is protected under the First Amendment , and may not be regulated through a land use ordinance. He explained other codes protect against theft and other problems that may be associated with these activities. Minutes\02\25\97 -1 O- 03/17/97 City Council Minutes February 25, 1997 It was moved by Councilmember Ford, seconded by Mayor Birdsall to approve staff recommendation as follows: Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 19.1 19.2 TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE AND THE OLD TOWN SPECIFIC PLAN TO MAKE CHANGES TO TABLE 17.0B(a) OF THE DEVELOPMENT CODE AND TABLE 1 OF THE OLD TOWN SPECIFIC PLAN TO ALLOW "FORTUNE TELLING, SPIRITUALISM, OR SIMILAR ACTIVITY" AS PERMITTED USES RATHER THAN CONDITIONALLY PERMITTED USES Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 5.04.050 (63) THE TEMECULA MUNICIPAL CODE TO DELETE THE REQUIREMENT FOR A SPECIAL PERMIT FOR FORTUNE TELLING AND RELATED PRACTICES The motion failed as follows: AYES: 2 COUNCILMEMBERS: Ford, Birdsall NOES: 1 COUNCILMEMBERS: Roberts ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans, Stone COUNCIL BUSINESS 20. Citizen Opinion Survey City Manager Bradley introduced Dr. Estaban Serianto, of The Resource Group who presented the results of City of Temecula residents views on issues and services relating to police, fire, parks, recreation, traffic, land use, economic development, public facilities and infrastructure and numerous quality of life issues. He reported that residents ranked the overall quality of life in Temecula very high. Minutes\02\25\97 -11- 03/17/97 City Council Minutes February 25, 1997 It was moved by Councilmember Roberts, seconded by Councilmember Lindemans to extend the meeting to 10:30 PM. The motion was unanimously carried. Mayor Birdsall ordered the report received and filed. 20 (a) Parcel Map No. 26232-2, Located at the Southeast Corner of Winchester Road and Nicolas Road Public Works Director Joe Kicak presented the staff report. It was moved by Councilmember Linderoans, seconded by Councilmember Stone to approve staff recommendation as follows: 20a.1 Find by 4/5 vote that there exists a subsequent need to act on approval of final Parcel Map No. 26232-2; 20a.2 Approve Parcel Map 26232-2, subject to Conditions of Approval. The motion was unanimously carried. 21. Discussion of Mutual Concerns Regarding the Pechanga Casino Councilmember Stone stated this item was placed on the agenda to give residents a forum to express their concerns. Dan Belling, 31004 El Osito, stated his main concern is the open space recently purchased by the Pechanga Tribal Council and what their future plans are for this area. He asked who has jurisdiction over this property. City Manager Bradley answered if the Pechanga Tribal Council purchases property and registers it correctly, it becomes part of the tribal lands, over which the City has no jurisdiction. Mr. Belling also stated he believes the creek running through this property is a part of the Pechanga River which is a free-flowing waterway and asked what contamination rules are for this waterway. Mayor Birdsall requested that staff look into the status of the Pechanga Creek as a free-flowing waterway and check the provisions of the Clean Water Act as to allowable run-off from the tribal properties into that waterway. Councilmember Roberts gave a brief update since the Joint Meeting with the City Council and the Pechanga Tribal Council, and stated the Subcommittee has not yet met. He reported this meeting is scheduled in two weeks and he will report back to the Council after that meeting occurs. He stated he has received concerns in written form from various homeowners' associations and Paul Espinoza, and those concerns will be addressed. Minutes\02\25\97 -12- 03/17/97 City Council Minutes February 25. 1997 CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Mayor Pro Tern Roberts to adjourn at 10:15 PM to a meeting on March 18, 1997, 7:00 PM, Temecula City Hall, 43174 Business Park Drive, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC, City Clerk Minutes\02\25\97 -13- 03/17/97 ITEM 3 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $319,563.57 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOFrED, this 25th day of March, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk [SEAL] Resos 128 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 25th day of March, 1997 by the following roll call vote: AYES: C OUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC, City Clerk Resos 128 2 CITY OF TEMECULA LIST OF DEMANDS 03/13/97 TOTAL CHECK RUN: 03/25/97 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 3125/97 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 165 RDA-LOW/MOD 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ (ClP) 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 340 FACILITIES 380 RDA -DEBT SERVICE 31,958.35 1,106.00 27,653.84 448.64 930.00 94,895.80 55,311.09 111.25 3,383.36 1,610.44 2,152.80 $ 68,070.79 251,492.78 $ 319,563.57 $ 319,563.57 PREPARED BY THERESA ALVA~ TIM K. MCDERMOTT, ASSISTANT FINANCE DIRECTOR RONALD E. BRADLEY, CITY MANAGER , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT R:~ALVA[~ EZ'T~LO D~LODNOPR.WB2 VOUCHRE2 03/13/97 13:32 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 340 FACILITIES 380 RDA - DEBT SERVICE AMOUNT 21,583.05 1~108.00 17,623.01 448.64 930.00 2,459.18 16,661.06 111.25 3,383.36 1,610.44 2,152.80 TOTAL 68,070.79 VOUCHRE2 03/13/97 VOUCHER/ CHECK NUMBER 42244 42245 42248 42249 42250 42250 42250 42250 42250 42250 42251 42252 42253 42254 42254 42255 42256 42257 42257 42258 42259 42260 42260 42261 42261 42262 42263 42264 42265 42266 13:32 CHECK VENDOR DATE NUMBER 03/11/97 000321 03/13/97 002718 03/13/97 002688 03/13/97 000102 03/13/97 002665 03/13/97 002665 03/13/97 002665 03/13/97 002665 03/13/97 002665 03/13/97 002665 03/13/97 002713 03/13/97 000402 03/13/97 002544 03/13/97 001159 03/13/97 001159 03/13/97 03/13/97 000131 03/13/97 001195 03/13/97 001195 03/13/97 001193 03/13/97 001275 03/13/97 000155 03/13/97 000155 03/13/97 03/13/97 03/13/97 002390 03/13/97 002562 03/13/97 002060 03/13/97 001313 03/13/97 002265 VENDOR NAME UBNOSKE, DEBBIE SOUTHERN CALIF. CITY CL ABM AMERICAN FENCE CO. OF C ARMA INTERNATIONAL NRIM ARMA INTERNATIONAL NRIM ARMA INTERNATIONAL NRIM ARMA INTERNATIONAL NRIM ARMA INTERNATIONAL NRIM ARMA INTERNATIONAL NRIM BALLOONS GALORE BERG, MARK BUTLER, KRISTEN CALIFORNIA DEPT OF JUST CALIFORNIA DEPT OF JUST CALVERT, AL CARL WARREN & CO., INC. CENTRAL SECURITY SERVIC CENTRAL SECURITY SERV[C COMP USA, INC. COMPUSERVE, INC. DAVL I N DAVL I N DELGADO, PHILLIP DELGADO, PHILLIP EASTERN MUNICIPAL WATER ELLIS GROUP EUROPEAN DELI& CATERIN FAGAN, MATTHEW FIRST TRUST OF CALIFORN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ADVANCE:PLANNERS CF 3/12-14 CONFERENCE:J.GREEK:3/21/97 CHECK SIGNING MACHINE MAINT. SECURITY FENCE FOR PUJOL ST RECORDS MANAGEMENT SUPPLIES RECOROS MANAGEMENT SUPPLIES RECORDS MANAGEMENT SUPPLIES RECORDS MANAGEMENT SUPPLIES RECORDS MANAGEMENT SUPPLIES CREDIT:SUM OF TOTAL-INCORRECT BALLOONS FOR JENNIFER NELSON REIMBURSE:RENEWAL CERT.-ICBO TCSD INSTRUCTOR EARNINGS PROCESSING FEE:EMPLEE PRINTS PROCESSING FEE:EMPLEE PRINTS REFUND: TENNIS WOLF, WILLIAM 11/26/96 ALARM MONITORING SRVCS-CRC ALARM MONITORING SRVCS-SR CTR MISC COMPUTER SUPPLIES COMPUSERVE INFORMATION SERVICE TAPING OF PLANNING COMM. MTGS AUDIO COPY OF CITY COUNCIL MTG REFUND: RENTAL FEE REFUND: RENTAL FEE SEWER RELOCATION-WINCH/1-15 DEC APPRAISAL SVCS-WESTERN BYP REFRESHMENTS-REGIONAL MALL MTG ENTERTAINMENT-TEM~ SPRING FAIR SEMI-ANNUAL RDA BOND ADMIN FEE ACCOUNT NUMBER 001-161-999-5258 001-120-999-5260 001-140-999-5242 165-199-812-5804 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-2170 001-162-999-5226 190-183-999-5330 001-150-999-5250 190-180-999-5301 190-183-4982 300-199-999-5205 190-182-999-5250 190-181-999-5250 320-199-999-5221 320-199-999-5228 001-161-999-5250 001-120-999-5250 190-2900 190-183-4990 280-199-602-5804 210-165-612-5700 001-110-999-5260 190-183-999-5320 380-199-999-5227 ITEM AMOUNT 200.00 25.00 263.53 44.00 12.00 5.00 5.00 4.00 1.00 5.50- 68.80 135.00 28.80 566.00 840.00 24.00 111.25 50.00 45.00 290.56 9.95 153.34 16.16 100.00 35.00- 9,995.38 1,000.00 192.22 75.00 2,152.80 PAGE 1 CHECK AMOUNT 200.00 25.00 263.53 44.00 21~50 68.80 135.00 28.80 1,406.00 24.00 111.25 95.00 290.56 9.95 169.50 65.00 9,995.38 1,000.00 192.22 75.00 2,152.80 VOUCHRE2 CITY OF TEMECULA 03/13/97 13:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 42267 03/13/97 000184 G T E CALIFORNIA - PAYM 909 308-1079:GENERAL USAGE-MAR 320-199-999-5208 42267 03/13/97 000184 G T E CALIFORNIA - PAYM 909 695-1409:GENERAL USAGE:MAR 320-199-999-5208 42267 03/13/97 000184 G T E CALIFORNIA - PAYM 909 695-3539:COPT-CTY TEM-MAR 320-199-999-5208 42267 03/13/97 000184 G T E CALIFORNIA - PAYM 699-2309:COPT-CITY OF TEM-FEB 320-199-999-5208 55.09 82.04 38.63 37.46 213.22 42268 03/13/97 001355 G T E CALIFORNIA, INC. FEB ACCESS-RVSD CO. OPEN LINE 320-199-999-5208 350.00 350.00 42269 03/13/97 002142 GALLS REPLACEMENT LIGHT BAR-PW TRUCK 001-164-601-5218 319.99 319.99 42270 03/13/97 002141 GEIS, PAUL REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 100.00 100.00 42271 03/13/97 000177 GLENNIE$ OFFICE PRODUCT OFFICE SUPPLIES / FINANCE DEPT 001-140-999-5220 42271 03/13/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR CITY MGR 001-110-999-5220 42271 03/13/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE $UPPLIES-TEM.P.D. 001-170-999-5220 42271 03/13/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES-TEM.P.D. 001-170-999-5220 42271 03/13/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES - TCSD 190-180-999-5220 42271 03/13/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES / FINANCE DEPT 001-140-999-5220 145.55 87.39 45.94 8.04 22.10 16.62 325.64 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T STAFF UNIFORMS FOR SKATE PARK 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T SET-UP CHARGE 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T TAX 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T UNIFORMS - TCSD STAFF 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T UNIFORMS - TCSD STAFF 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T UNIFORMS - TCSD STAFF 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T HOODED SWEATSHIRTS - XX-LARGE 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T TAX 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T UNIFORMS FOR REC. DIV. STAFF 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T UNIFORMS FOR REC. DIV. STAFF 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T TAX 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T SKATE PARK STAFF SHIRTS 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T SKATE PARK STAFF SHIRTS 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T SKATE PARK STAFF SHIRTS 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T SET-UP FEE 190-180-999-5243 42272 03/13/97 001292 GRAPHIC EMBROIDERY OF T TAX 190-180-999-5243 422~ 03/13/97 001697 HALL~ NANCY LEE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 243.00 10.00 19.61 497.00 395.00 74.00 82.00 81.22 435.00 198.00 49.06 200.00 200.00 82.50 125.00 47.08 126.00 2,738.47 126.00 42274 03/13/97 000186 HANKS HARDWAREw INC. MISC HARDWARE SUPPLIES 001-171-999-5242 42274 03/13/97 000186 HANKS HARDWARE~ INC. SUPPLIES - TEMECULA SKATE PARK 190-183-999-5305 42274 03/13/97 000186 HANKS HARDWARE~ INC. TCSD MAINTENANCE SUPPLIES 340-199-701-5212 42274 03/13/97 000186 HANKS HARDWARE~ INC. MISC HARDWARE SUPPLIES 340-199-701-5212 42274 03/13/97 000186 HANKS HARDWAREw INC. TCSD MAINTENANCE SUPPLIES 190-180-999-5212 42274 03/13/97 000186 HANKS HARDWARE~ INC. TCSD MAINTENANCE SUPPLIES 190-180-999-5212 42274 03/13/97 000186 HANKS HARDWARE~ INC. MISC HARDWARE SUPPLIES 190-181-999-5212 42274 03/13/97 000186 HANKS HARDWARE, INC. SMALL TOOLS/EQUIPMENT - TCSD 190-180-999-5242 42274 03/13/97 000186 HANKS HARDWARE8 INC. SMALL TOOLS/EQUIPMENT - TCSD 190-180-999-5242 42274 03/13/97 000186 HANKS HARDWARE, INC. TAX 190-180-999-5242 42275 03/13/97 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 42276 03/13/97 000202 J F DAVIDSON ASSOCIATES DESIGN SERVICES - SPORTS PARK 210-190-137-5802 10.11 84.16 550.31 1.92 160.78 1~127.62 53.34 359.00 250.00 47.20 536.00 1~259.18 2~644.44 536.00 1,259~18 VOUCHRE2 03/13/97 13:32 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 42277 03/13/97 002695 42278 03/13/97 42279 03/13/97 42279 03/13/97 42280 03/13/97 000945 42280 03/13/97 000945 42280 03/13/97 000945 42281 03/13/97 001973 42282 03/13/97 002282 42283 03/13/97 42284 03/13/97 000213 42285 03/13/97 002229 42286 03/13/97 002691 42286 03/13/97 002691 42287 03/13/97 000220 42287 03/13/97 000220 42288 03/13/97 001905 42289 03/13/97 42290 03/13/97 000437 42291 03/13/97 002558 42291 03/13/97 002558 42292 03/13/97 002139 42292 03/13/97 002139 42292 03/13/97 002139 42292 03/13/97 002139 42292 03/13/97 002139 42292 03/13/97 002139 42293 03/13/97 002698 42294 03/13/97 002292 42295 03/13/97 002100 42296 03/13/97 VENDOR NAME JAS PACIFIC CONSULTING JOHNSON, JILL 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE L P S COMPUTER SERVICE L P S COMPUTER SERVICE L P S COMPUTER SERVICE LA SALLE LIGHTING SERVI LIEBER, CARON LIZARDO, KAREN LOCAL GOVERNMENT COMMIS LUCE PRESS CLIPPINGS, I LUCENT TECHNOLOGIES, IN LUCENT TECHNOLOGIES, IN MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MEYERS, DAVID WILLIAM MLADENIK, ELIZABETH MORELAND & ASSOCIATES NEWS/SPORTS MICROWAVE R NEWS/SPORTS MICROWAVE R NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT O'BRIEN ESTIMATING SERV OASIS VENDING OBJECT RADIANCE, INC. OBLACHINSKI, ELIZABETH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELP - M. LEONARD REFUND:CHILDREN'S ART CLASS TEMP HELP W/E 2/23 J.EVANS TEMP HELP W/E 2/23 J.EVANS COMPUTER SUPPLIES COMPUTER SUPPLIES TAX CITY HALL LIGHTING REPAIR TCSD INSTRUCTOR EARNINGS REFUND:YOGA FOR HEALTH FITNESS SUBSCRIPTION: G. THORNHILL FEB LUCE PRESS CLIPPING SRVCS UPGRADE KIT/POWER SUPPLIES FREIGHT SW ALLIANCE-STATIONARY/ENVELOP SW ALLIANCE-STATIONARY/ENVELOP TCSD INSTRUCTOR EARNINGS REFUND:ENCHANTED MUS. MONKEYS TEMP HELP-MICHELLE BOARDMAN RENTAL-TRANSMITTER-COUNCIL MTG TAX PUBLIC NOTICES - PLANNING PROMO AD-ELECT. LIGHT PARADE DISPLAY ADS - PUBLIC WORKS RECRUITMENT ADS - HUMAN RES. LEGAL ADVERTISEMENTS-CTY CLERK LEGAL ADVERTISEMENTS-CTY CLERK INSTALL FRONT/ROOF-STORM DRAIN COFFEE SERVICES FOR CITY HALL TCSD INSTRUCTOR EARNINGS REFUND:CHILDREN'S ART CLASS ACCOUNT NUMBER 001-162-999-5118 190-183-4982 001-163-999-5118 001-164-604-5118 320-199-999-5221 320-199-999-5221 320-199-999-5221 340-199-701-5212 190-183-999-5330 190-183-4982 001-161-999-5228 280-199-999-5270 320-199-999-5242 320-199-999-5242 280-199-999-5270 280-199-999-5270 190-183-999-5330 190-183-4982 001-140-999-5118 001-100-999-5250 001-100-999-5250 001-161-999-5256 190-180-999-5254 001-165-999-5256 001-150-999-5254 001-120-999-5256 001-120-999-5256 001-164-601-5401 340-199-701-5250 190-183-999-5330 190-183-4982 ITEM AMOUNT 464.00 40.00 37.44 212.16 440.00 69.00 42.86 117.00 176.00 71.40 12.00 115.80 244.00 30.00 211.19 22.63 344.00 29.00 2,256.25 500.00 38.75 247.91 118.05 162.20 34.20 42.08 15.78 1,200.00 452.94 600.00 40.00 PAGE 3 CHECK AMOUNI 464.00 40.00 249.60 551.86 117.00 170.00 71.40 12.00 115.80 274.00 233.82 344.00 29.00 2,256.25 538.75 620.22 1,200.00 452.94 600~00 40.00 VOUCHRE2 CITY OF TEMECULA 03/13/97 13:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 42297 03/13/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE - B & S 001-162-999-5214 42297 03/13/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINT/REPAIR ~ TCSD 190-180-999-5214 42297 03/13/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE - B & S 001-162-999-5214 42297 03/13/97 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE - B & S 001-162-999-5214 245.39 687.83 138.53 79o31 1,151.06 42298 03/13/97 002404 OMNIDATA CORPORATION MISC. COMPUTER SUPPLIES 320-199-999-5221 42298 03/13/97 002404 OMNIDATA CORPORATION MISC COMPUTER SUPPLIES 320-199-999-5221 42298 03/13/97 002404 OMNIDATA CORPORATION NETWORK CLIENT SERVICES 320-199-999-5250 125.00 141.14 760.00 1,026.14 42299 03/13/97 001171 ORIENTAL TRADING CO.~ I SUPPLIES-SPRING EGG HUNT 1997 190-180-999-5301 389~10 389.10 42300 03/13/97 002216 P F C UNLIMITED PARK EQUIPMENT - PALA PARK 190-180-999-5250 42300 03/13/97 002216 P F C UNLIMITED TAX 190-180-999-5250 180.80 14.01 194.81 42301 03/13/97 001151 PACIFIC EQUIPMENT & IRR PARTS & SRVC-UTILITY CART-CRC 190-180-999-5242 741.44 74!~4~ 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-163-999-5250 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-164-601-5238 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-165-999-5238 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-164-604-5208 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-140-999-5250 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-100-999-5250 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-120-999-5250 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 320-199-999-5238 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-162-999-5238 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 001-170-999-5242 42302 03/13/97 001561 PAGENET PAGING SERVICE & PAGERS RENTAL 190-180-999-5250 15.00 15.00 7.50 7.50 13.80 15.00 7m50 28,65 37.50 67.80 75.00 290.25 42303 03/13/97 001243 PALMQUIST, MARY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 427.20 427.20 42304 03/13/97 002398 PALOMAR COMMUNICATIONS~ DISPATCH RADIO MOBILE SERVICE 320-199-999-5209 600.00 600.00 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-120-999-5225 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5261 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5254 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-163-999-5222 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5220 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5220 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-165-999-5242 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5301 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5226 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5212 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 33°08 43.47 19~25 22.63 11.64 11.98 48.46 36.00 20.63 15.00 21.89 15.00 15.00 13.22 9.16 50.00 3.60 10.00 15.57 VOUCHRE2 CITY OF TEMECULA 03/13/97 13:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5230 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5260 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 42305 03/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 24.24 50.00 15.00 2.98 14.98 522.78 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO SERVICES/TEM.FIRE DEPT 001-171-999-5296 42307 03/13/97 000580 PHOTO WORKS PHOTO DEVELOPING - LAND DEV. 001-163-999-5250 42307 03/13/97 000580 PHOTO WORKS PHOTO DEVELOPMENT FOR TCSD 190-180-999-5301 51.59 49.47 42.88 19.37 21.44 60.19 19.87 40.27 51.59 18.83 51.59 427.09 42308 03/13/97 000254 PRESS-ENTERPRISE COMPAN ROADWAY CONSTRUCTION UPDATE 001-165-999-5256 100.00 100.00 42309 03/13/97 002110 PRIME EQUIPMENT EQUIPMENT RENTALS - PARKS 190-180-999-5238 164.85 164.85 42310 03/13/97 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212 42310 03/13/97 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212 141.88 474.34 6!6.22 42311 03/13/97 000728 RAMSEY BACKFLOW & PLUMB REPAIR BACKFLOW DEVICES-PARKS 190-180-999-5212 42311 03/13/97 000728 RAMSEY BACKFLOW & PLUMB BACKFLOW DEVICE TESTING-PARKS 190-180-999-5212 42311 03/13/97 000728 RAMSEY BACKFLOW & PLUMB REPAIR BACKFLOW DEVICES-MEDIAN 190-180-999-5212 42311 03/13/97 000728 RAMSEY BACKFLOW & PLUMB VAR. SLOPE AREAS/BACKFLOW TEST 193-180-999-5415 42311 03/13/97 000728 RAMSEY BACKFLOW & PLUMB REPAIR BACKFLOW DEVICES-SLOPES 193-180-999-5212 42311 03/13/97 000728 RAMSEY BACKFLOW & PLUMB REPAIR BACKFLOW DEVICES-MEDIAN 190-180-999-5212 42311 03/13/97 000728 RAMSEY BACKFLOW & PLUMB REPAIR BACKFLOW DEVICE-VAR.PRK 190-180-999-5415 400.00 68.00 80.00 360.00 570.00 78.00 521.00 2,077.00 42312 03/13/97 000260 RAN-TEC RUBBER STAMP MF NAME PLATES - PLANNING COMM. 42312 03/13/97 000260 RAN-TEC RUBBER STAMP MF TAX 001-161-999-5220 001-161-999-5220 51.00 3.95 54.95 42313 03/13/97 002214 RANCHO AUTO UPHOLSTERY IMPROVEMENTS - GMC VAN 340-199-701-5214 300.00 300.00 42314 03/13/97 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRODUCTION 001-163-999-5268 24.73 24.73 42315 03/13/97 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT. 001-162-999-5214 42315 03/13/97 000907 RANCHO CAR WASH VEHICLE MAINT/DETAIL-LAND DEV. 001-163-999-5214 42315 03/13/97 000907 RANCHO CAR WASH VEHICLE MAINT/DETAIL-LAND DEV. 001-163-999-5214 42315 03/13/97 000907 RANCHO CAR WASH FUEL EXPENSE - CITY VEHICLES 190-180-999-5263 21.50 5.00 17.00 28.76 72.26 42316 03/13/97 000526 REGENTS OF UNIVERSITY 0 SEMINAR: M.FAGAN 4/18/97 001-161-999-5261 245.00 245.00 42317 03/13/97 RENNIEt ELIZABETH REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 42318 03/13/97 002073 RESOURCE GROUP, THE LABOR STUDY 280-199-999-5248 5,000.00 5,000.00 VOUCHRE2 03/13/97 VOUCHER/ CHECK NUMBER 42319 42320 42320 42320 42321 42322 42323 42323 42323 42323 42323 42323 42323 42323 42324 42325 42326 42327 42328 42328 42328 42328 42328 42329 42330 42331 42332 42333 42333 42333 42333 42334 42334 42335 13:32 CHECK DATE 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 VENDOR NUMBER 002412 000266 000266 000266 002049 002618 000704 000704 000704 000704 000704 000704 000704 000704 000403 000645 000519 000537 000537 000537 000537 000537 000375 000291 001546 001497 001672 001672 001672 001672 000168 000168 000307 VENDOR NAME RICHARDS, WATSON & GERS RIGHTWAY RIGHTWAY RIGHTWAY ROBERT CASSIERE CONSTRU S & C COMPANY, INC S K S~ INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL SAWREY, LINDA SHAWN SCOTT POOL & SPA SMART & FINAL, INC. SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF TELEPHON SPEE DEE OIL CHANGE & T STRAIGHT LINE GLASS T R W, INC.-INFORMATION TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA FLOWER CORRAL TEMECULA FLOWER CORRAL TEMECULA TROPHY CO. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION FEBRUARY 97 LEGAL SERVICES PORT. TOILET RENTAL-RIVERTON PORTABLE TOILET RENTAL-NICOLAS PORTABLE TOILET-CITY MAINT YRD REPAIRS TO CRC STAGE REFUND:DEPOSIT FOR OSCARS FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES REFUND: SECURITY DEPOSIT POOL MAINT SVC-TEM ELEM SCHOOL SUPPLIES FOR FAMILY FUN NIGHT PEST CONTROL SRVCS-T.C.C. 2-02-351-4946:SR CTR:FEB 2-06-562-5295:JANUARY 2-02-351-5489:FRONT ST:FEB 63-77-879-5124-01-000-3:FEB 66-77-795-8087-01-000-6:FEB 909-205-7877:ToHAFELI FEB. TCSD VEHICLE MAINT & REPAIR EMERG WINDOW REPLACEMENT-CRC CREDIT REPTS FOR RDA LOANS PLUMBING SRVCS FOR ToC~C. PLUMBING SRVCS FOR CITY HALL PLUMBING SERVICES FOR CRC PLUMBING SRVCS FOR CITY HALL FLOWERS FLOWERS FOR SOLTYSIAK PAPERWEIGHTS CITY COMMITTEE ACCOUNT NUMBER 165-199-999-5246 190-180-999-5238 190-180-999-5238 001-164-601-5238 190-182-999-5250 001-2650 001-164-601-5263 001-165-999-5263 001-163-999-5263 001-164-604-5263 190-180-999-5263 001-110-999-5263 340-199-701-5263 001-162-999-5263 190-2900 190-180-999-5212 190-183-999-5320 190-184-999-5250 190-181-999-5240 191-180-999-5319 001-164-601-5240 191-180-999-5319 190-180-999-5240 320-199-999-5208 190-180-999-5214 190-182-999-5212 280-199-999-5250 190-184-999-5212 340-199-701-5250 190-182-999-5212 340-199-701-5250 001-2170 001-100-999-5285 001-100-999-5265 ITEM AMOUNT 1,064.00 62.89 172.50 57.39 550.00 5,000.00 465.90 54.72 114.88 15.60 314.14 100.70 56.27 95.76 100.00 169.00 52.07 36.00 743.63 104.59 108.78 344.05 64.09 38.98 118.98 778.79 50.00 47.00 47.00 47.00 85.00 278.54 68.96 387~90 PAGE 6 CHECK AMOUNT 1,064.00 292.78 550.00 5,000.00 1,217.97 100.00 169.00 52.07 36.00 1,365.14 38.98 118.98 778.79 50.00 226.00 347.50 387.90 VOUCHRE2 03/13/97 VOUCHER/ CHECK NUMBER 42336 42337 42338 42338 42338 42339 42339 42339 42340 42341 42341 42341 42341 42341 42342 42343 42344 42345 13:32 CHECK DATE 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 03/13/97 VENDOR NUMBER 000306 000459 002621 002621 002621 000332 000332 000332 002658 001342 001342 001342 001342 001342 000339 002092 VENDOR NAME TEMECULA VALLEY PIPE & TUMBLE JUNGLE FITNESS/G UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. VANDORPE CHOU ASSOCIATI VANDORPE CHOU ASSOCIATI VANDORPE CHOU ASSOCIATI VOLLMUTH, MARY WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WEST PUBLISHING COMPANY WILLSON, DONALD WINTER GRAPHICS SOUTH WOODWARD, LAURA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MAINT/REPAIR-PARK & REC FAC. TCSD INSTRUCTOR EARNINGS 5305001995894-RR-FEBRUARY 5305001995910-RB-FEBRUARY 5305001995985:GY:FEBRUARY JAN PROF PLAN CHECK SRVCS PLAN CHECK FEES/CITY MAINT FAC FEB PROF PLAN CHECK SVCS REIMB:CAPPO CF:VOLLMUTH BUILDING MAINT SUPPLIES-CRC BUILDING MAINT SUPPLIES-SR CTR BUILDING MAINT. SUPPLIES-TCC BUILDING MAINT.SUPPLIES-CRC BUILDING MAINT.SUPPLIES-CRC 97 GENERAL INDEX-CA CODES REFUND: CREATIVE BEGINNINGS PRINTING-MARKETING CAMPAIGN REFUND:BELLY DANCING EXERCISE ACCOUNT NUMBER 190-180-999-5212 190-183-999-5330 001-100-999-5260 001-110-999-5260 001-150-999-5260 001~162-999-5248 210-190-144-5804 001-162-999-5248 001-140-999-5261 190-182-999-5212 190-181-999-5212 190-184-999-5212 190-182-999-5212 190-182-999-5212 001-120-999-5228 190-183-4982 280-199-999-5270 190-183-4982 ITEM AMOUNT 35.90 294.94 56.06 22.29 70.44 4,153.61 200.00 711.40 254.89 397.11 87.17 311.45 228.95 133.83 93.20 35.00 1,266.06 25.63 PAGE 7 CHECK AMOUNT 35.90 294.94 148.79 5,065.01 254.89 1,158.51 93.20 35°00 1,266.06 25.63 TOTAL CHECKS 68,070.79 VOUCHRE2 03/13/97 15:26 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DISTRICT 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP AMOUNT 10,375.30 In 92,436.62 138,650.03 TOTAL 251,492.78 VOUCHRE2 03/13/97 VOUCHER/ CHECK NUMBER 42348 42348 42349 42350 42350 42350 42350 42350 42350 42350 42350 42351 42351 42351 42352 42353 42354 42355 42355 42355 42355 42355 15:26 CHECK DATE 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 03/25/97 VENDOR NUMBER 000164 000164 002340 002468 002468 002468 002468 002468 002468 002468 002468 002416 002416 002416 002499 002397 002384 002479 002479 002479 002479 002479 VENDOR NAME ESGIL CORPORATION ESGIL CORPORATION FIRST TRUST CALIFORNIA GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENESIS CONSTRUCTION GENESIS CONSTRUCTION GENESIS CONSTRUCTION L.D. KING, INC. LANDMARK/CALIFORNIA STA SECURE BUSINESS COMMUNI TELEVIDEO - SAN DIEGO TELEVIDEO - SAN DIEGO TELEVIDEO - SAN DIEGO TELEVIDEO - SAN DIEGO TELEVIDEO - SAN DIEGO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JAN PROF PLAN CHECK CONSULT SV JAN PROF PLAN CHECK CONSULT SV 2ND INSTALLMENT-TEM. DUCK POND PRG PMT#5-6TH ST PARKING LOT C/0#2 PMT-6TH ST PARKING LOT PRG PMT#6-6TH ST PARKING LOT C/O PMT#6-6TH ST PARKING LOT CREDIT:RETENTION PMT#5-6TH ST RETENTION W/H PMT#6-6TH ST PRK STOP NOTICE:6TH ST PARKING LOT STOP NOTICE:6TH ST PARKING LOT C/O PMT 7-WALCOTT CORRIDOR PRJ RETENTION W/H PMT 7-WALCOTT PRG PMT 7-WALCOTT CORRIDOR PRJ FEB PROF SVCS-WINCHESTER/I-15 RET:ESCROW ACCT-GREAT WEST #12 ENG SRVCS COUNCIL CHAMBERS INSTALL PROD.RM-COUNCIL CHAMBR INSTALL PROD.RM-COUNCIL CHAMBR TAX INSTALL PROD.RM-COUNCIL CHAMBR CREDIT:UNAUTHORIZED WORK ACCOUNT NUMBER 001-162-999-5248 001-162-999-5248 190-1290 280-199-804-5804 280-199-804-5804 280-199-804-5804 280-199-804-5804 280-2035 280-2035 280-2038 280-2038 210-165-637-5804 210-2035 210-165-637-5804 280-199-602-5801 210-1035 210-199-650-5804 210-199-650-5804 210-199-650-5804 210-199-650-5804 210-199-650-5804 210-199-650-5804 ITEM AMOUNT 6,207.16 4,168.14 10,030.83 41,959.50 1,413.12 33,844.00 9,801.35 4,337.26- 4,364.54- 38,874.71- 9,759~15- 36,598.59 16,689.36- 130,295.00 11,700.00 27,410.25 5,600.00 3,330.00 664.00 51.46 2,684.40 240.00- PAGE 1 CHECK AMOUNT 10,375.30 10,030.83 29,682o31 150,204.23 11,700.00 27,410.25 5,600.00 6,489.86 TOTAL CHECKS 251,492.78 APPROVAL CITY ATTORNEY FINANCE DI R E C..T~(~.I~ CITY MANAGER~'. "'~.~,' CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager ~Joseph Kicak, Director of Public Works/City Engineer DATE: March 25, 1997 SUBJECT: Release Faithful Performance Warranty, Labor and Materials, and Monument Bonds in Tract No. 26861-2 (Southwesterly of intersection of Highway 79 S at Margarita Road) PREPARED BY: /~' Ronald J. Parks, Principal Engineer - Land Development ~-~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of the Faithful Performance Warranty, Labor and Material, and Subdivision Monumentation bonds for Tract No. 26861-2, and DIRECT the City Clerk to release the bonds and so notify the developer and security. BACKGROUND: On February 25, 1992, the City Council approved Vesting Final Tract Map No. 26861-2 and entered into subdivision agreements with: The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of private streets and drainage, survey monuments, and Labor and Material securities. Original bonds were furnished by American Motorists Insurance Company and substituted bonds were furnished by The American Insurance Company as follows: Bond No. 111 2716 3647 in the amount of $61,000 for Streets/Drainage for faithful performance. Bond No. 111 2716 3647 in the amount of $30,500 for Streets/Drainage for labor and materials. Bond No. 111 2716 9925 in the amount of $880 for survey monuments R:\AGDRPT\97\0325\TR268612.ACC On September 13, 1994, the City Council "acknowledged" completion of the improvements within the private streets, initiated the one-year warranty period, and authorized reduction in the faithful performance bond amounts to the ten percent (10%) warranty level as follows: Faithful Performance warranty amount Bond No. 111 2716 3647 $6,100 All necessary repairs/replacements having been satisfactorily completed, Public Works staff recommends release of the faithful performance warranty amount as noted. As no claims have been made against the Labor and Materials bonds, Public Works staff recommends release of the following bond: Labor and Materials Bond No. 111 2716 3647 $30,500 The subdivision monumentation has been completed and it is recommended that the following bond be released: Subdivision Monument Bond No. 111 2716 9925 $880 The affected streets are private streets and will not be accepted into the City Maintained-Street System. The private streets within this condominium subdivision are a portion of "Briarwood Place" and "Ashbury Place". FISCAL IMPACT: None Attachment: Vicinity Map R:\AGDRPT\97\0325\TR268612.ACC VI¢IM ITY lU~AP GED ~ "G" LEFT PA2cEL u PIGHI' 2 P.M, NO, 18983 Tract No. 26861-2 Location Map NOTE: MAPS NOT TO SCALE ITEM 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager APPROVAL CITY ATTORNEY ,NANCE ,REC Oj ~oseph Kicak, Director of Public Works/City Engineer March 25, 1997 Acknowledge Completion of certain improvements in Tract No. 26861-3. (Southwesterly of intersection of Highway 79 S at Margarita Road) PREPARED BY: ,~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: The City Council ACKNOWLEDGE completion of certain improvements in Tract No. 26861-3, AUTHORIZE reduction in Faithful Performance Bond amounts for the improvement of private streets and drainage, and water and sewer systems, initiation of the one-year warranty period, release of the subdivision monument bond, and DIRECT the City Clerk to so notify the developer and surety. BACKGROUND: On January 12, 1993, the City Council approved Final Vesting Tract Map No. 26861-3 and entered into subdivision agreements with: The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of private streets and drainage, and water and sewer systems, and survey monuments. The bonds on file were furnished by The American Insurance Company as follows: Bond No. 111 3301 9460 in the amount of $70,500 for private streets/drainage for faithful performance. Bond No. 111 3301 9478 in the amount of $37,500 for private water system for faithful performance. Bond No. 111 3301 9486 in the amount of $28,000 for private sewer system for faithful performance. Bond No. 111 2720 0472 in the amount of $660 for subdivision monumentationo R:~GDRFr\97\0325\TR268613 .ACC Bond No's 111 3301 9460, 111 3301 9478, and 111 3301 9486 in the amounts of $35,500, $19,000, and $14,000 for private streets/drainage, water and sewer systems, respectively, for labor and materials. Public Works Staff has inspected and verified the several improvements which have also been confirmed by the several water districts, and recommends City Council acknowledgment that the work is completed, initiation of the one-year warranty period, and reduction of the faithful performance bond amounts to the ten-percent (10%) warranty level as follows: Private streets/drainage Private water system Private sewer system Bond No. 111 3301 9460 Bond No. 111 3301 9478 Bond No. 111 3301 9486 $7,050 3,750 2,800 The subdivision monumentation has been completed and requirements met. Therefore it is recommended that the following bond be released: Subdivision Monument Bond No. 111 2720 0472 $66O The affected streets are private streets and will not be accepted into the City Maintained-Street System. The private streets within this condominium subdivision are portions of "Arbor Lane" and "Chelsea Way". FISCAL IMPACT: None Attachments: Vicinity Map R:\AGDRPT\97\0325\TR268613 .ACC VI¢IlU IT')' Tract No. 26861-3 Location Map NOTE: MAPS NOT TO SCALE I'I'EM 6 APPROVAl. f~/ CITY ATTORNEY J' '~- ~ FINANCE DIReCT0 -7/ - CITY MANAGER }~'1.5.~ ~/~, CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Shawn D. Nelson, Director of Community Services March 25, 1997 Completion and Acceptance of the Community Recreation Emergency Generator Project - Project No. PW95-02CSD Center PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects '~',~;'_Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors accept the Construction of the Community Recreation Center Emergency Generator, Project No. PW95-02CSD, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On August 13, 1996, the City Council awarded a contract for the construction of the Community Recreation Center Emergency Generator, Project No. PW95-O2CSD, to Rohm Construction, Inc. for $109,832.00. The contract included the construction of a 250 KW standby generator contained behind a block wall enclosure. The system is connected to the main power source of the Community Recreation Center and will power the entire facility in an emergency situation. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the Director of Community Services. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The contract amount for this project was $109,832.00. Contract Change Order No. 1 was approved by the City Manager in the amount of $4,115.89. This project is funded through Development Impact Fees for Fire Mitigation. r:\agdrpt\97\O325\pw95-02. acc Attachment: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:'~a~dtpt\97~O325\pw95-O2.ncc RECORDING REQUESTFrt BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 43200 Bueineu Perk Drive P.O. Box 9033 T. meeula, CA 92689-9033 SPACE ABOVE THIS UNE FOR RECORDER'S U~E NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92589-9033. 3. A Contract was awarded by the City of Temecula to: Rohm Construction, Inc. to perform the following work of improvement: PW95-O2CSD, Community Recreation Center Emergency Generator. 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Community Services of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 25, 1997. That upon said contract the Insurance Company of the West was surety for the bond given by said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Assessor's Parcels No. 945-050-006 6. The street address of said property is: 30875 Rancho Vista Road Dated at Temecula, California, this day of · 1997. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) sa CITY OF TEMECULA ) JUNE S. GREEK, City Clerk I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this day of ,1997. JUNE S. GREEK, City Clerk r:\eip\projects\pw95\pw95-O2\noc BOND NO. 148 58 72-M CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW95-02 CSD COMMUNITY RECREATION CENTER EMERGENCY GENERA TOR KNOW ALL MEN BY THESE PRESENTS THAT: Rohm Construction, Inc., 22343 E. La Palma Ave. t~114, Yorba Linda, NAME AND ADDRESS OF CONTRACTOR Ca. 92887 a Corporation , hereinafter called Principal, and (fill in whether a Corporation, Partnership or individual) Insurance Company of The West NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Eleven Thousand Three Hundred Ninety-five-' DOLLARS and no CENTS ($ 11,395.00 )in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 13th day of August , 19 96,a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW95-02 CSD, Community Recreation Center Emergency Generator. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was approved on Yeb~uary 2[ , 19 97 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. r-~i.~nrni¢ct~\n W95-02\biddoc/aio Signed and sealed this21st day of (Seal) D. J. PICARD (Name) ATTORNEY-IN-FACT (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney MAINTENANCE BOND February M-2 BOND NO. 148 58 72-M ,1997 ROHM CONSTRUe. ON , PRIN CiP. Ag~,/' (' Timoth~ M. Rohm (Name) President (Title) By: INC. (Name) (Title) r:\cip\projects~p w9 5-0 2\bidd oc/ajp II Ii~ II t 1 I I ! STATE OF CALIFOl~IA COUNTY OF ORANGE 2/25/97 PERSONALLY AFPEARED · before me, SS. BEATA A. ARGUELLO, NOTARY PUBLIC D. J. PICARD personally known to me ~ to be the person~) whose name(~) is/~subscribed to the within instrument and acknowl- edged to me that he/X.l~,X~vd9 executed the same in his/ b(0~21l~iI authorLzed capacity(1~k), and that by his/l~ 8~eXr signature(~ on the instrument the person(H, or the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. Signature This area for Official Notarial Seal OPTIONAL, Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER I~1 INDIVIDUAL [] CORPORATE OFFICER TiTLE(S) ~ PARTNER(S) ~J LIMITED ~] GENERAL ~ A'I-FORNEY-IN-FACT [~ TRUSTEE(S) {~] GUARDIAN/CONSERVATOR [~ OTHER: SIGNER IS REPRESENTING: NAM6 OF PERS, ON($) OR ENTIT~(IES) INSURANCE COMPANY OF THE WEST DESCRIPTION OF ATI'ACHED DOCUMENT MAINTENANCE BOND TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 2/21/97 DATE OF DOCUMENT SIGNER(S) OTHERTHAN NAMED ABOVE ~D-0s~ ~,~,,. 6/~4 ALL-PURPOSE ACKNOWLEDGEMENT Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: D.J. PICARD its true and lawful Attomey(s)-in-Fac~, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney ~s granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attac~ thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary. and the signatures of any officers certifying the validity of the Power of Attomey, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this l§th day of May 1995 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. INSURANCE COMPANY OF THE WEST John L Hannum. ,Seni~ On May 15th, 1995 before me, personally appeared John L Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official c-~pacity and that by his si§nature on the instrument, the corporation, on behalf of which he acted, executed the instrument WITNESS my hand and official seal. '"'/¢ J.~.'-:~ COMM. ¢952644 O L -..~-~F.::~_2~ NOTARY PUBLIC-CALIFORNIA ~ [-4~_~~ SAN DIEGO COUNW v ~,,~_~_~y] My Commission Expires CERTIFICATE: ,~ JANUARY 14.19~ I, E Harried Davis, V~ce President of INSURANCE COMPANY OF THE WEST, do hereby cert'~r!y that the odginal POWER OF A'CI-ORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution Notary Public IN WITNESS WHEREOF. I have subscribed my name as Vice President, on this 25TEl day of FEBRUARY 1997 ICW 37 INSURANCE COMPANY OF THE WEST E. Harned Davis. V~ce President CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW95-02 CSD This is to certify that Rolzm Constz-uction, Inc. , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW95-02 CSD situated in the City of Temecula, State of California, more particularly described as follows: PROJECT NO. PW95-02 CSD COMMUNITY RECREATION CENTER EMERGENCY GENERATOR The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code § 7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. Dated: February 21, 1997 By: Signature TJ~z~:h¥ l~. P, ob_m, I)]:esideat Print Na~me and Title RELEASE R-1 r:\cip\projects\pw95-02\biddoclajP ITEM 7 APPROV/~ CITY ATTORNEY FINANCE DIRECTQR f CITY MANAGER ~,~-'~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Shawn D. Nelson, Director of Community Services March 25, 1997 Temecula Duck Pond Park Property: Correction of Property Line, Grant of Easements and Agreements Between the City of Temecula and Oscar's Restaurant. PREPARED BY: RECOMMENDATION: ~t['Bruce Hartley, Maintenance Superintendent ~,~eryl Yasinosky, Development Services Analyst That the City Council: Correct the property line and legal descriptions for the Temecula Duck Pond and Oscar's Restaurant by recording a Corrective Quitclaim Deed. Approve the Agreement between Oscar's Restaurant and the City of Temecula to provide park access, reciprocal parking, and use of the flag poles. Approve the Agreement between Oscar's Restaurant and the City of Temecula to grant a water line easement to Oscar's Restaurant; and, accept a utility easement from Oscar's Restaurant providing electrical service to the Temecula Duck Pond. Upon recordation of the Corrective Quitclaim Deed, authorize the City Clerk to record the utility easements and agreement documents in the order set forth above. DISCUSSION: The Temecula Duck Pond park and Oscar's Restaurant are located adjacent to one another at the southeast corner of Ynez and Rancho California Roads. Originally, both properties consisted of a 9.40 acre parcel owned by KRDC, Inc. On July 28, 1995, the City accepted the dedication of 7.52 acres of park area from KRDC, Inc., which separated the Temecula Duck Pond from the remaining 1.88 acre commercial parcel. The owners of Oscar's Restaurant subsequently purchased the commercial property, which currently provides the only vehicular access into the Temecula Duck Pond. It has been determined that a minor error exists within the legal description of the original grant deed describing the easterly property line of the Temecula Duck Pond. The subject area is located between that portion of the Temecula Duck Pond fence line and Oscar's Restaurant's sidewalk, adjacent to the northerly restaurant patio wall. The subject area encompasses R:\yasinobk\oscars.agr 032597 approximately 398 square feet and is currently irrigated and maintained by Oscar's Restaurant. As a result, it is necessary to correct the original metes and bounds legal description by recording a Corrective Quitclaim Deed to transfer this small portion of the Temecula Duck Pond to Oscar's Restaurant. A copy of the corrective grant deed, legal description and plat are attached for your review. Water and electrical services were also effected by the division of the original parcel, separating the Temecula Duck Pond from Oscar's Restaurant. As a result, it is necessary for the City to accept a utility easement across Oscar's Restaurant to provide electrical service to the Temecula Duck Pond, and for the City to provide a water line easement across the Temecula Duck Pond to service Oscar's Restaurant. A copy of the agreement and easement exhibits are provided for your review. In additon, the conditions of approval for Oscar's Restaurant require the owner of the restaurant to enter into an agreement with the City to provide continued access to the Temecula Duck Pond and allow reciprocal parking between the two parcels. The agreement and attached exhibits will also allow Oscar's Restaurant use of the existing flagpoles located on the Temecula Duck Pond. Upon completion of the second phase park improvements, a permanent parking and access agreement will be executed between both parties to include the legal description for the future parking lot improvements and vehicular access from Tierra Vista Road. FISCAL IMPACT: Pursuant to the insurance provisions of the Agreements, a General Liability policy has been provided by Oscar's Restaurant, naming the City of Temecula as additionally insured. No other fiscal impacts are anticipated by approval and recordation of these documents. ATTACHMENTS: 1. 2. Corrective Quitclaim Deed. Grant of Easements and Agreements. R:\yasinobk\oscars.agr 032597 WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, California 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ -0- ..... Computed on the consideration or value of property conveyed; OR ..... Computed on the consideration or value less liens or encumbrances remaining at tune of sale. Signature of Declarant or Agent determining tax - Firm Name CORRECTIVE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Temecula, a public body, corporate and politic, does hereby REMISE, RELEASE AND QUITCLAIM to SRA VENTURES, LLC, a California Limited Liability Company, the real property in the City of Temecula, County of Riverside, State of California, described on Exhibit "A. 1." and depicted on Exhibit "A.2." which are attached hereto and incorporated herein by this reference. This corrective quitclaim deed is executed in order to correct an error in that certain grant deed whereby KRDC, Inc., a California corporation, granted certain property to S&C Company Incorporated, a California corporation, dated December 7, 1995 and recorded December 15, 1995 as Instrument No. 417646 of the Official Records of the County Reporter of Riverside, California. The legal descriptions to the subject properties, as amended, are described on Exhibit "B" and depicted on Exhibit "C" which are attached hereto and incorporated herein by this reference. Dated: , 1997 STATE OF CALIFORNIA COUNTY OF On before me, personally appeared SS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature By: Mayor Attested To: City Clerk Approved As To Form: Peter M. Thorson, Esq., City Attorney (This area for official notarial seal 97Ogl0 11086-4~0006dC* 1490276 I ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 27555 Ynez Road, Suite 400 Temecula, California 92591 EXHIBIT "A.I" Revised February 25, 1997 October 29, 1996 JN 400861-M3 Page 1 of 1 LEGAL DESCRIPTION CORRECTIVE OUITCLAIM DEED OUITCLAIMED PROPERTY That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 19 and 21 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the southerly terminus of a curve concave easterly, having a radius of 48.00 feet and being shown as Course No. 29 on Exhibit "B" attached to Certificate of Compliance No. 95-0063 recorded August 21, 1995 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder; thence along said curve northerly 36.58 feet through a central angle of 43040'00" to the terminus thereof; thence non-tangent from said curve, along Course No. 30 as shown on said Exhibit "B" North 12°26'00" East 5.60 feet; thence South 37°40'40" West 60.02 feet to the westerly terminus of Course No. 28 as shown on said Exhibit "B"; thence along said course South 73034'00" West 27.00 feet to the POINT OF BEGINNING; CONTAINING: 398 Square Feet. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "A.2" attached and by this reference made a part hereof. Lawrence L. Bacon,PLS 3527 RANCHO CALIFORNIA ROAD TR'~. NO. 5534 M.B. ~54 / 25-30 I_OT 19,\ LOT 21 /_OT 5 ,'1,'/.£.{ 2 51 1 ':~ t2 EXHIBIT "A. 2" SHEET I OF I SHEET TO ACCOMPANY LEGAL DESCRIPTION %~,~ CORRECTIVE QUITCLAIM DEED QUITCLAIMED PROPERTY ~ber! ~J~eiq.,~William ¢Frost ~;~c~ssociates (909} 676-8042 · FAX (909) 676-7240 ~CZ' Z3/ /~P~, 1"=50' ,;C'B t J, ~ 4~Q2~/- MS ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 27555 Ynez Road, Suite 400 Temecula, California 92591 EXHIBIT "B" Revised February 25, 1997 December 3, 1996 JN 400861-M8 Page 1 of 5 AMENDED LEGAL DESCRIPTION PARCEL "A"(City Property) That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 19 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at a point in the boundary line of Tract No. 23992 as shown on a map thereof filed in Book 231, Pages 9 through 12 of Maps in said Office of the Riverside County Recorder, said point being the most westerly corner of Lot 5 of said Tract No. 23992 and a point in the northeasterly line of Ynez Road; thence along said boundary line through the following courses: North 41°44'49" East 101.98 feet to the beginning of a tangent curve concave southeasterly and having a radius of 210.00 feet; thence along said curve northeasterly 106.30 feet through a central angle of 29°00'11"; thence tangent from said curve North 70045'00" East 95.42 feet to the beginning of a tangent curve concave northwesterly and having a radius of 275.00 feet; thence along said curve northeasterly 31.50 feet through a central angle of 6°33'48"; thence non-tangent from said curve North 32°50'10" West 78.87 feet; thence North 44003'02" West 32.00 feet; thence North 32°53'15" West 79.19 feet; thence North 62004'49" West 33.10 feet; thence North 31°53'27" West 26.50 feet; Robert Bein, William Frost & Associates Amended Legal Description Revised February 25, 1997 December 3, 1996 JN 400861-M8 Page 2 of 5 thence North 21 °33'12" West 85.75 feet; thence North 8055'06" West 41.17 feet; thence leaving said boundary line North 74050'00" West o4.09 feet to the beginning of a tangent curve concave southeasterly and having a radius of 3.50 feet; thence along said curve southwesterly 6.27 feet through a central angle of 102°36'00"; thence tangent from said curve South 2034'00" West 19.73 feet; thence North 87026'00" West 25.00 feet to a point on a non-tangent curve concave southwesterly and having a radius of 3.50 feet, a radial line of said curve from said point bears North 87026'00" West; thence along said curve northwesterly 5.73 feet through a central angle of 93 °47'00"; thence tangent from said curve South 88047'00" West 14.67 feet to a point on a non-tangent curve concave easterly and having a radius of 150.00 feet, a radial line of said curve from said point bears South 88042'00" East; thence along said curve northerly 37.61 feet through a central angle of 14022'00" to a point on a non-tangent curve concave easterly and having a radius of 40.00 feet, a radial line of said curve from said point bears North 49°31'41" East; thence along said curve northerly 46.83 feet through a central angle of 67°05'00"; thence non-tangent from said curve North 60°30'00" West 10.30 feet to a point on a non- tangent curve concave northeasterly and having a radius of 21.00 feet, a radial line of said curve from said point bears North 51 °28'00" West; thence along said curve southwesterly, northwesterly and northeasterly 72.75 feet through a central/ingle of 198°29'00"; thence non-tangent from said curve North 17°24'00" West 59.40 feet to the beginning of a tangent curve concave southeasterly and having a radius of 40.00 feet; thence along said curve northeasterly 62.55 feet through a central angle of 89°35'37"; thence radially from said curve North 17048'23" West 31.00 feet to a point on a non-tangent curve concave southeasterly and having a radius of 21.00 feet, a radial line of said curve from said point bears North 4°31'00" West; Robert Bein, William Frost & Associates Amended Legal Description Revised February 25, 1997 December 3, 1996 JN 400861-M8 Page 3 of 5 thence along said curve northwesterly, northeasterly and southeasterly 90.35 feet through a central angle of 246°30'00"; thence non-tangent from said curve North 37o40'40" East 60.02 feet to the southerly terminus of a non-tangent curve shown as Course No. 31 on Exhibit "B" attached to Certificate of Compliance No. 95-0063 recorded August 21, 1995 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder, said curve being concave westerly and having a radius of 75.00 feet, a radial line of said curve from said point bears North 62o34'00" West; thence along said curve northerly 18.33 feet through a central angle of 14°00'00"; thence tangent from said curve North 13o26'00" East 74.45 feet to the beginning of a tangent curve concave westerly and having a radius of 36.00 feet; thence along said curve northerly 24.20 feet through a central angle of 38°30'40"; thence non-tangent from said curve North 40057'40" West 32.19 feet to the southeasterly line of Rancho California Road as shown on said Tract No. 23992; thence along said southeasterly line South 51°08'34" West 685.51 feet to an angle point in the northeasterly line of Ynez Road as shown on said Tract No. 23992; thence along said northeasterly line through the following courses: South 4°13'51" West 33.58 feet to a point on a non-tangent curve concave northeasterly and having a radius of 1432.54 feet, a radial line of said curve from said point bears North 47016'25" East; thence along said curve southeasterly 138.18 feet through a central angle of 5 °31'36"; thence tangent from said curve South 48°15'11" East 599.10 feet to the POINT OF BEGINNING. CONTAINING: 7.513 Acres, more or less. PARCEL "B" (Oscar's Property) That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 19 and 21 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most westerly corner of Parcel 1 of Parcel Map No. 7093 as shown on a map thereof filed in Book 22, Page 59 of Parcel Maps in said Office of the Riverside County Recorder, said point being on the southeasterly line of Rancho California Road (110.00 feet Robert Bein, William Frost & Associates Amended Legal Description Revised February 25, 1997 December 3, 1996 JN 400861-M8 Page 4 of 5 wide) as shown on said parcel map; thence along the southwesterly line of said Parcel 1 South 24°58'19" East 341.24 feet to an angle point in the boundary line of Lot 5 of Tract No. 23992 as shown on a map thereof filed in Book 23l, Pages 9 through 12 of Maps in said Office of the Riverside County Recorder; thence along said boundary line through the following courses: South 37049'22" West 60.27 feet; thence South 56°33'24" West 64.42 feet; thence South 39o48'20" West 17.57 feet; thence South 17°18'42" West 80.65 feet; thence South 08055'06" East 41.07 feet; thence leaving said boundary line North 74050'00" West 64.09 feet to the beginning of a tangent curve concave southeasterly and having a radius of 3.50 feet; thence along said curve southwesterly 6.27 feet through a central angle of 102°36'00"; thence tangent from said curve South 02034'00" West 19.73 feet; thence North 87026'00" West 25.00 feet to a point on a non-tangent curve concave southwesterly and having a radius of 3.50 feet, a radial line of said curve from said point bears North 87o26'00" West; thence along said curve northwesterly 5.73 feet through a central angle of 93 °47'00"; thence tangent from said curve South 88o47'00" West 14.67 feet to a point on a non-tangent curve concave easterly and having a radius of 150.00 feet, a radial line of said curve from said point bears South 88042'00" East; thence along said curve northerly 37.61 feet through a central angle of 14°22'00" to a point on a non-tangent curve concave easterly and having a radius of 40.00 feet, a radial line ol said curve from said point bears North 49°31'41" East; thence along said curve northerly 46.83 feet through a central angle of 67°05'00"; thence non-tangent from said curve North 60030'00" West 10.30 feet to a point on a non- tangent curve concave northeasterly and having a radius of 21.00 feet, a radial line of said curve Robert Bein, William Frost & Associates Amended Legal Description Revised February 25, 1997 December 3, 1996 JN 400861-M8 Page 5 of 5 from said point bears North 51 °28'00" West; thence along said curve southwesterly, northwesterly and northeasterly 72.75 feet through a central angle of 198°29'00"; thence non-tangent from said curve North 17°24'00" West 59.40 feet to the beginning of a tangent curve concave southeasterly and having a radius of 40.00 feet; thence along said curve northeasterly 62.55 feet through a central angle of 89°35'37"; thence radially from said curve North 17048'23" West 31.00 feet to a point on a non-tangent curve concave southeasterly and having a radius of 21.00 feet, a radial line of said curve from said point bears North 4°31'00" West; thence along said curve northwesterly, northeasterly and southeasterly 90.35 feet through a central angle of 246°30'00"; thence non-tangent from said curve North 37040'40" East 60.02 feet to the southerly terminus of a non-tangent curve shown as Course No. 31 on Exhibit "B" attached to Certificate of Compliance No. 95-0063 recorded August 21, 1995 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder, said curve being concave westerly and having a radius of 75.00 feet, a radial line of said curve from said point bears North 62034'00" West; thence along said curve northerly 18.33 feet through a central angle of 14 °00'00"; thence tangent from said curve North 13 °26'00" East 74.45 feet to the beginning of a tangent curve concave westerly and having a radius of 36.00 feet; thence along said curve northerly 24.20 feet through a central angle of 38°30'40"; thence non-tangent from said curve North 40°57'40" West 32.19 feet to said southeasterly line of Rancho California Road; thence along said southeasterly line North 51008'34" East 90.00 feet to the POINT OF BEGINNING. CONTAINING: 1.889 A r less. Lawrence L. Bacon, PLS 3527 ~,~ T~RRA VISTA I " 5a' i 0 ? i LEGEND TO SYMBOLS -- EXISTING LOT LINE TO REMAIN ...... EXITTI~16 LOT LINE TO BE ADJUSTED ~ NEW ADJUSTED LOT LINE ~.~ PARCEL NUMbeR PER THIs ADJUSTMENT ~,~ ~'~,~P~I~ ~CALE ' EXHIBIT "C" SKETCH, TO ACCOMPANY AMENDED LEGAL DESCRIPTION FOR CITY PROPERTY / OSCAR'S PROPERTY TABLE OF COURSES APPLICANT RBF AND ASSOCIATES 27555 YNEZ RD. SUITE 400 TEMECULA. CA. 92,591 CONTACT: L.L, BACON '13'5! 05'31 '36' '44'49'E 29" 00' 1 I ' O0 48' 10'W N44'O3'O2"W -- N32'53'15 q62'04' 49"W '53'27"W ~21 '33' 12'W )8'55'06"~ '4'50'00"W )2f36'00' 34'00'W 26'00'W 00' O0'W 30'00"W '29'00' '24'00'U '35'37" '411' 23'W 00' '40'40'E 18'42'W I' 55' 06"E 00' O0'E 38' 30' 40' 40"W '08'34'E 7' 49' 22 33.58' R=1432.54' L=138.18' 101 .98' R= 210.00' L-106.30' 95.42' R- 275.00' L- 31.50' 78.87' 32.00' 79.19' 33.10' 26.50' 85.75' 41.17' 64.09' R= 3.50' L= 6.27' 19.73' 25-00' (RAD]^L) R= 3.50' L= 5.73' 14.67' R- 150.00' L- 37.61' R' 40.00' L' 46.83' 10.30' R= 21.00' L', 72.75' 59.40' R,' 40.00' L= 62.55' 31.00' (RABI^L) R= 21.00' L= 90.35' 60.02' 80.65' 41,07' R" 75.00' L= 18.33' 74.45' R= 36.00' L= 24.20' ;~2.19' 90.00' 60.27' 64.42' 17.57' SHEET I OF I SHEET ~,~ber! ~Beiq., qth'lliam q~st ~ c~ssociates Recording Requested By and When Recorded Return To: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, California 92589-9033 No Recording Fee Exempt pursuant to Govermnent Code § 6103 GRANT EASEMENTS AND AGREEMENT (Water Line and Utility) This GRANT OF EASEMENTS AND AGREEMENT (Water Line and Utility) (tiffs "Agreement") is made and entered into by and between the CITY OF TEMECULA, a public body, corporate and politic (the "City") and SRA VENTURES, LLC, a California Limited Liability Company ("Oscar's"). RECITALS A. The City is the owner of that certain real property (the "City Property") situated in the City, County of Riverside, State of California, described and depicted as "Parcel A" on Exhibit "1.1" attached hereto and incorporated herein by this reference and depicted on Exhibit "1.2." attached hereto and incorporated herein by this reference. B. Oscar's is the owner of that certain real property (the "Oscar's Property") situated in the City, County of Riverside, described as "Parcel B" on Exhibit "1.1 ." attached hereto and incorporated herein by this reference and depicted as "Parcel B" on Exhibit "1.2." attached hereto and incorporated herein by this reference. Go herein. The City and Oscar's desire to each other certain easements as provided for AGREF. MENT NOW, THEREFORE, in consideration of the forgoing Recitals which are incorporated herein by this reference, it is agreed as follows: 1. Oscar's Water Line Easement. 1.1. Grant of Non-Exclusive Easement. For valuable consideration, receipt of which is hereby acknowledged, the City hereby grants to Oscar's, a non-exclusive appurtenant easement (the "Oscar's Water Line Easement") in a portion of the City Property described on Exhibit "2.1." attached hereto and incorporated herein by this reference and depicted on Exhibit "2.2." attached hereto and incorporated herein by this reference (the "Oscar's Water Line Easement Area"). For purposes of the Oscar's Water Line Easement, the City Property shall be the servient tenement and the Oscar's Property shall be the dominant tenement. 1.2. Scope of Oscar's Water Line Easement. The Oscar's Water Line Easement shah be for the purpose of constructing, reconstructing, maintaining, operating, inspecting, repairing, and replacing underground water lines consisting of one or more pipelines, markers, valves, meters and other fixtures, devices, appurtenances or equipment necessary or convenient for water, transmission or distribution in, under, across and along the Oscar's Water Line Easement Area. 1.3. Rights Retained By the City. Notwithstanding the Oscar's Water Line Easement, the City retains the right to use, develop, and maintain the Oscar's Water Line Easement Area in any manner the City determines in the City's sole discretion, provided the same shall not unreasonably interfere with Oscar's exercise of the Oscar's Water Line Easement. 2. City Utility Easement. 2.1 Grant of City Utility Easement. Oscar's hereby grants to the City a non-exclusive appurtenant easement (the "City Utility Easement") in a portion of the Oscar's Property described on Exhibit "3.1." attached hereto and incorporated herein by this reference and Exhibit "3.2." attached hereto and incorporated herein by this reference (the "City Utility Easement Area"). For purposes of the City Utility Easement, the Oscar's Property shall be the servient tenement and the City Property shall be the dominant tenement. 2.2. Scope of City Utility Easement. The City Utility Easement shall be for the purpose of constructing, reconstructing, maintaining, operating, inspecting, repairing, and replacing electrical, phone, water and other utility lines consisting of one or more transmission lines, markers, poles, guy wires and other f'Lxtures, devices, appurtenances or equipment necessary or convenient for electrical, phone and utility, transmission or distribution in, under, across and along the City Utility Easement Area. 2.3 Rights Retained By Oscar's. Oscar's retains the right to use, develop and maintain the City Utility Easement Area in any manner Oscar's determines in the Oscar's sole discretion, provided the same shah not unreasonably interfere with the exercise of the City Utility Easement. 3. Indemnification and Exculpation: Insurance. 3.1 Indemnification of City. Oscar's shall indemnify, defend and hold harmless the City and any successor to the City Property, their respective present, future and former officers, employees, attorneys and agents and their respective predecessors, successors, assigns, heirs, executors, and administrators of each of the foregoing from and against any and all losses, claims, demands, costs, expenses, liens, f'mes, penalties, liabilities, judgments and damages resulting directly or indirectly from or related to the use of the easements granted herein to Oscar's, except to the extent caused by the gross negligence of the City. 3.2 Exculpation Of City. The City shall not be liable to Oscar's for any damage to Oscar's or Oscar's tenants, customers, employees, invitees, patrons, and successors in interest from or related to the use of the easements granted herein, except to the extent caused by the gross negligence of the City. Oscar's, on behalf of Oscar's and Oscar's successors in interest, hereby waives all claims against the City for personal injury and property damages from or related to the use of the easements granted herein, except to the extent caused by the gross negligence of the City. 3.3 Insurance. Oscar's shall obtain and maintain a broad form Commercial General Liability Insurance policy providing coverage for at least $1,000,000 for each occurrence. Before exercising any of the rights hereunder, Oscar's shall provide the City with proof of this insurance and with proof that the City has been made an additional insured under this policy. 3.4 Waiver of Subrogation. Oscar's hereby releases the City and any officer, agent, employee, attorney, or independent contractor retained or employed by the City, from any claims for personal injury or property damage that are caused by or related to Oscar's fights hereunder. Oscar's shall cause its insurance policy to provide that its insurer waives all fights of recovery by way of subrogation against the City i~ connection with any personal injury or property damage covered by any insurance policy. 4. Compliance with Section 1468. The provisions of this Agreement are intended to satisfy the provisions of Section 1468 of the California Civil Code and thereby establish covenants running with the land binding upon the owners of the City Property and the Oscar's Property and their respective successors, assigns, and transferees. Consequently the parties further agree that: 4.1. The City Property is benefited and the Oscar's Property is burdened by the covenants of Oscar's set forth in this Agreement; 4.2 The Oscar's Property is benefited, and the City Property is burdened by covenants of the City set forth in this Agreement; 4.3 Despite any provision to the contrary in this Agreement, (i) all references in this Agreement to the City shall be deemed to refer the City or the City's successors entitled to the City Property, and (ii) all references in this Agreement to Oscar's shall be deemed to refer to Oscar's or to Oscar's successors entitled to the Oscar's Property. The successors or assigns of the City, as the owners of the City Property, are bound and benefited, and the successors and assigns of Oscar's, as the owners of the Oscar's Property, are bound and benefited, as applicable, by this Agreement; 4.4 The provisions of this Agreement shah relate to the use, repair, maintenance or improvement of all or a portion of the City Property, the Oscar's Property, or both. 4.5 This Agreement shall be duly recorded with the County Recorder of Riverside County, California. 5. Maintenance Of Respective Parcels. Unless otherwise provided heroin, each party shall maintain their respective properties at their own expense. 6. Costs of Enforcement. If any legal or equitable action or proceeding is instituted by one party against the other to enforce or interpret any provision of this Agreement, the prevailing party in such action shall be entitled to recover from the losing party all of the prevailing Party's costs of suit, including, but not limited to masonable attorneys fees awarded by the court. 7. Mortgagee Protection. No breach or violation of the provisions of this Agreement shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the City Property, the Oscar's Property, or both, as such property may be further subdivided subsequent to the recordation of this Agreement. The provisions of this Agreement shall otherwise bind and benefit the subsequent owner of the City Property, the Oscar's Property, or both, whose title is acquired by judicial or non-judicial foreclosure, deed in lieu of foreclosure, or otherwise; provided, however, that any such subsequent owner shall have a reasonable time, not to exceed thirty (30) days after written receipt of notice of violation, to cure any violation under this Agreement that is reasonably capable of being cured. 8. Amendment. This Agreement may be amended or modified only by a written instrument executed and acknowledged by the parties or their successors in interest and recorded in the Official Records of Riverside County, California. 9. Captions. The captions used in this Agreement are for convenience only and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning of the provisions of this Agreement. 10. Severability. Any provision of this Agreement adjudicated by a court of competent jurisdiction to be invalid or unenforceable for any reason shall be ineffective to the extent that such prohibition or invalidity shall not invalidate or otherwise render invalid or unenforceable any remaining provisions of this Agreement. 11. Integration. This Agreement sets forth the entire Agreement of the parties with respect to the subject matter addressed, and all prior negotiations, representations, warranties and discussions are superseded by the provisions of this Agreement. 12. Gender. Unless the context requires a contrary construction, the singular shall include the plural and the masculine, feminine and neuter shall each include the masculine, feminine and neuter. 13. Time of Essence. Time is of the essence of each provision of this Agreement in wlfich time is an element. 14. California Law. This Agreement shall be construed in accordance with the laws of the state of California. 15. Notices. Notices, consents requests and other communications required or permitted in this Agreement shall be in writing and shall be deemed duly given by one party and received by the other party when: (a) personally served; or (b) (i) sent by United States mail, postage prepaid, certified mail, return receipt requested, and actually received by, or rejected by, the party to whom it is addressed; and (ii) addressed to the applicable party at the respective address set forth below: City of Temecula 43174 Business Park Drive Temecula, CA 92590 With a copy to: Richards, Watson & Gershon 333 S. Hope St., 38th Floor Los Angeles, CA 90071 Attn: Peter M. Thorson, Esq. To: "OSCar' S" SPA Ventures 9823 Pacific Heights Boulevard, Suite J San Diego, California 92121 Any party may change its address for by notifying the other party in accordance with the procedure set forth above. 16. No Partnership. Nothing in this Agreement shall deem the City and Oscar's as partners or joint venturers. IN WITNESS WHEREOF, the City and Oscar's have executed this Agreement as of the Effective Date. "CITY" City of Temecula By: Mayor Attested to: By: June S. Greek, City Clerk Approved as to form: By: Peter M. Thorson, Esq., City Attorney "Oscar' s" SRA Ventures, LLC, a California Limited Liability Company Tamara Celmo Its: President State of California . } ss. County of '~.~,.0 } On ~/JT~]--?0~, 19 qT, be~,r~2,y,,2~,u~ ~ ,~'T', 'a Notary Public, personally appeared '-~~ , personally known to me (or proved to me on the ba'sis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of wlfich the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ DENISE LYNN SA~Ri ~ COMM. ~ 11~1 ~ ~ NOT~~ ~BLI -~A~FORN~ ~ My C~m. Exp. ~g. 26, 2000 ~ State of California County of SS. On , 19 , before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 27555 Ynez Road, Suite 400 Temecula, California 92591 EXHIBIT "1.1" Revised February 25, 1997 December 3, 1996 JN 400861-M7 Page 1 of 5 LEGAL DESCRIPTION PARCEL "A"(City Property) That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 19 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at a point in the boundary line of Tract No. 23992 as shown on a map thereof filed in Book 231, Pages 9 through 12 of Maps in said Office of the Riverside County Recorder, said point being the most westerly corner of Lot 5 of said Tract No. 23992 and a point in the northeasterly line of Ynez Road; thence along said boundary line through the following courses: North41°44'49" East 101.98 feet to the beginning of a tangent curve concave southeasterly and having a radius of 210.00 feet; thence along said curve northeasterly 106.30 feet through a central angle of 29°00'11"; thence tangent from said curve North 70045'00" East 95.42 feet to the beginning of a tangent curve concave northwesterly and having a radius of 275.00 feet; thence along said curve northeasterly 31.50 feet through a central angle of 6°33'48"; thence non-tangent from said curve North 32°50'10" West 78.87 feet; thence North 44003'02" West 32.00 feet; thence North 32°53'15" West 79.19 feet; thence North 62°04'49" West 33.10 feet; thence North 31°53'27" West 26.50 feet; Robert Bein, William Frost & Associates Legal Description Revised February 25, 1997 December 3, 1996 JN 400861-M7 Page 2 of 5 thence North 21 °33'12" West 85.75 feet; thence North 8°55'06" West 41.17 feet; thence leaving said boundary line North 74o50'00" West 64.09 feet to the beginning of a tangent curve concave southeasterly and having a radius of 3.50 feet; thence along said curve southwesterly 6.27 feet through a central angle of 102°36'00"; thence tangent from said curve South 2°34'00" West 19.73 feet; thence North 87°26'00" West 25.00 feet to a point on a non-tangent curve concave southwesterly and having a radius of 3.50 feet, a radial line of said curve from said point bears North 87026'00" West; thence along said curve northwesterly 5.73 feet through a central angle of 93 °47'00"; thence tangent from said curve South 88°47'00" West 14.67 feet to a point on a non-tangent curve concave easterly and having a radius of 150.00 feet, a radial line of said curve from said point bears South 88042'00" East; thence along said curve northerly 37.61 feet through a central angle of 14°22'00" to a point on a non-tangent curve concave easterly and having a radius of 40.00 feet, a radial line of said curve from said point bears North 49°31'41" East; thence along said curve northerly 46.83 feet through a central angle of 67°05'00"; thence non-tangent from said curve North 60°30'00" West 10.30 feet to a point on a non- tangent curve concave northeasterly and having a radius of 21.00 feet, a radial line of said curve from said point bears North 51 °28'00" West; thence along said curve southwesterly, northwesterly and northeasterly 72.75 feet through a central angle of 198°29'00"; thence non-tangent from said curve North 17024'00" West 59.40 feet to the beginning of a tangent curve concave southeasterly and having a radius of 40.00 feet; thence along said curve northeasterly 62.55 feet through a central angle of 89°35'37"; thence radially from said curve North 17°48'23" West 31.00 feet to a point on a non-tangent curve concave southeasterly and having a radius of 21.00 feet, a radial line of said curve from said point bears North 4°31'00" West; Robert Bein, William Frost & Associates Legal Description Revised February 25, 1997 December 3, 1996 JN 400861-M7 Page 3 of 5 thence along said curve northwesterly, northeasterly and southeasterly 90.35 feet through a central angle of 246°30'00"; thence non-tangent from said curve North 37o40'40" East 60.02 feet to the southerly terminus of a non-tangent curve shown as Course No. 31 on Exhibit "B" attached to Certificate of Compliance No. 95-0063 recorded August 21, 1995 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder, said curve being concave westerly and having a radius of 75.00 feet, a radial line of said curve from said point bears North 62034'00" West; thence along said curve northerly 18.33 feet through a central angle of 14°00'00"; thence tangent from said curve North 13 °26'00" East 74.45 feet to the beginning of a tangent curve concave westerly and having a radius of 36.00 feet; thence along said curve northerly 24.20 feet through a central angle of 38 °30'40"; thence non-tangent from said curve North 40°57'40" West 32.19 feet to the southeasterly line of Rancho California Road as shown on said Tract No. 23992; thence along said southeasterly line South 51o08'34" West 685.51 feet to an angle point in the northeasterly line of Ynez Road as shown on s:: '. Tract No. 23992; thence along said northeasterly line through the following courses: South 4°13'51" West 33.58 feet to a point on a non-tangent curve concave northeasterly and having a radius of 1432.54 feet, a radial line of said curve from said point bears North 47° 16'25" East; thence along said curve southeasterly 138.18 feet through a central angle of 5 °31'36"; thence tangent from said curve South 48°15'11" East 599.10 feet to the POINT OF BEGINNING. CONTAINING: 7.513 Acres, more or less. PARCEL "B" (Oscar's Property) That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 19 and 21 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most westerly corner of Parcel 1 of Parcel Map No. 7093 as shown on a map thereof filed in Book 22, Page 59 of Parcel Maps in said Office of the Riverside County Recorder, said point being on the southeasterly line of Rancho California Road (110.00 feet Robert Bein, William Frost & Associates Legal Description Revised February 25, 1997 December 3, 1996 JN 400861-M7 Page 4 of 5 wide) as shown on said parcel map; thence along the southwesterly line of said Parcel 1 South 24°58'19" East 341.24 feet to an angle point in the boundary line of Lot 5 of Tract No. 23992 as shown on a map thereof filed in Book 231, Pages 9 through 12 of Maps in said Office of the Riverside County Recorder; thence along said boundary line through the following courses: South 37o49'22" West 60.27 feet; thence South 56033'24" West 64.42 feet; thence South 39o48'20" West 17.57 feet; thence South 17018'42" West 80.65 feet; thence South 08055'06" East 41.07 feet; thence leaving said boundary line North 74050'00" West 64.09 feet to the beginning of a tangent curve concave southeasterly and having a radius of 3.50 feet; thence along said curve southwesterly 6.27 feet through a central angle of 102°36'00"; thence tangent from said curve South 02034'00" West 19.73 feet; thence North 87o26'00" West 25.00 feet to a point on a non-tangent curve concave southwesterly and having a radius of 3.50 feet, a radial line of said curve from said point bears North 87026'00" West; thence along said curve northwesterly 5.73 feet through a central angle of 93°47'00"; thence tangent from said curve South 88o47'00" West 14.67 feet to a point on a non-tangent curve concave easterly and having a radius of 150.00 feet, a radial line of said curve from said point bears South 88o42'00" East; thence along said curve northerly 37.61 feet through a central angle of 14°22'00" to a point on a non-tangent curve concave easterly and having a radius of 40.00 feet, a radial line of said curve from said point bears North 49°31'41" East; thence along said curve northerly 46.83 feet through a central angle of 67°05'00"; thence non-tangent from said curve North 60030'00" West 10.30 feet to a point on a non- tangent curve concave northeasterly and having a radius of 21.00 feet, a radial line of said curve Robert Bein, William Frost & Associates Legal Description City Property/Oscar's Property Revised February 25, 1997 December 3, 1996 JN 400861-M7 Page 5 of 5 from said point bears North 51028'00" West; thence along said curve southwesterly, northwesterly and northeasterly 72.75 feet through a central angle of 198°29'00"; thence non-tangent from said curve North 17024'00" West 59.40 feet to the beginning of a tangent curve concave southeasterly and having a radius of 40.00 feet; thence along said curve northeasterly 62.55 feet through a central angle of 89°35'37"; thence radially from said curve North 17048'23" West 31.00 feet to a point on a non-tangent curve concave southeasterly and having a radius of 21.00 feet, a radial line of said curve from said point bears North 4°31'00" West; thence along said curve northwesterly, northeasterly and southeasterly 90.35 feet through a central angle of 246°30'00"; thence non-tangent from said curve North 37040'40" East 60.02 feet to the southerly terminus of a non-tangent curve shown as Course No. 31 on Exhibit "B" attached to Certificate of Compliance No. 95-0063 recorded August 21, 1995 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder, said curve being concave westerly and having a radius of 75.00 feet, a radial line of said curve from said point bears North 62°34'00" West; thence along said curve northerly 18.33 feet through a central angle of 14°00'00"; thence tangent from said curve North 13°26'00" East 74.45 feet to the beginning of a tangent curve concave westerly and having a radius of 36.00 feet; thence along said curve northerly 24.20 feet through a central angle of 38°30'40"; thence non-tangent from said curve North 40057'40" West 32.19 feet to said southeasterly line of Rancho California Road; thence along said southeasterly line North 51°08'34" East 90.00 feet to the POINT OF BEGINNING. CONTAINING: 1.889 Ac .~~re or less. ¢. Exp 6'30-2000!.~/ Lawrence L. Bacon, PLS 3527 ~EASEMENT FOR WALL MAINTFNANCE PURPOSES. ~__~, ~ ~TEMPORARY EASEMENT FOR GRADING PURPOSES. RANCHo CA L IFORN/A ROAD [ / P£L.A ~f~ TIERRA VISTA LEGEND TO SYMBOLS -- EXISTING LOT LINE TO REMAIN ...... EXISTING LOT LINE TO BE ADJUSTED NEW ADJUSTED LOT LINE PARCEL NUMBER PER THIS ADJUSTMENT O ' IOO ' ZOO' 30,0' ~x' -' EXHIBIT "1.2" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR TABLE OF COURSES 13'51 'W 05' 31 ' 36' 44'49'E .A- 29'00' 11 ' -- N?O'45'OO'E ~- 06'33'48' --N32'50'lO'W N44'O3'O2'W --N32'53'lS'W N62'O4'49"W N31'53'27'W N21'33'12"W --N08'55'O6"W N74'50'00'~ ~'102'36'00" S02'34'00'W ~A- 93'47'00' --S88'47'00'~ 14'22'00' 67'05'00' N60'30'OO'W N17'24'00'W 89'35'$7' 17'48'23"~ E $17° 18'42"W 55' O6"E 14'00'00' NI3'26'00"E 38'30'40' N40'57'40"~ '08'34"E S37'49'22'V --S56'33'24'V S39'48'20'~ CITY PROPERTY / OSCAR'S PROPERTY '" APPLICANT RBF AND ASSOCIATES 27555 YNEZ RD. SUITE 400 TEMECULA, CA. 92591 CONTACT: EL, BACON 33.58' R=1432.54' L'138.18' 101.98' R= 210.00' L=106.30' 95.42' R= 275.00' L- 31,50' 78.87' 32.00' 79.19' 33.$0' 26.50' 85.75' 41,17' 64.09' R= 3.50' L= 6.27' 19.73' 25,00' (R^DIAL) R= 3.50' L= 5.73' 14,67' E= 150.00' L- 37.61' R- 40.00' L- 46.83' 10.30' R- 21.00' L- 72.75' 59.40' R- 40,00' L- 62.55' 31.00' (RADIAL) R- 21.00' L= 90,35' 60.02' 80.65' 41. O?' R' 75.00' L' 18.33' 74.45' R- 36.00' L- 24.20' 32,19' 90.00' 60.27' 64.42' 17.57' SHEET I OF I SHEET ~ cl~ober~ C'~eiru qTgilliam ct;YOst 4~,c~ssociates ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 27555 Ynez Road, Suite 400 Temecula, California 92591 EXHIBIT "2.1" Revised February 25, 1997 October 29,1996 JN 400861-M1 Page 1 of 1 LEGAL DESCRIPTION OSCAR'S RESTAURANT WATER LINE EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 21 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, included within a strip of land 10.00 feet wide, the centerline of which is described as follows: BEGINNING at a point in the southeasterly line of Rancho California Road (110.00 feet wide) distant thereon South 51008'34" West 5.00 feet from the northwesterly corner of Parcel 1 of Certificate of Compliance No. 95-0063 recorded August 21, 1995 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder; thence along a line parallel with the westerly line of said Parcel South 40057'40" East 26.00 feet; thence South 06043'22" West 106.00 feet to a point of termination. Said strip of land shall be lengthened or shortened so as to terminate northwesterly in said southeasterly line of Rancho California Road. EXCEPTING therefrom that portion included within said Parcel I of Certificate of Compliance No. 95-0063. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "2.2" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 141579 /.-~_ RANCHO CALIFORNIA ROAD ~ A/51"d834'~ EXHIBIT "2.2" SXETC. TO ACCOMPANY LEGAL DESCRIPTION OSCAR'S RESTAURANT WATER LINE EASEMENT SHEET I OF I SHEET Cl~bert C'Beirt.cWilliam ~i~ost c~c~ssociates PROf 55S1~,r1,~1 Er~r~IHEERF_-, pL,~,NrJERS & SI }RVE r'ORS (909) 676~8042 · FAX [909) 676-7240 ,~00B(~I - Nil ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 27555 Ynez Road, Suite 400 Temecula, California 92591 EXHIBIT "3.1" Revised February 25, 1997 October 29, 1996 JN 400861-M2 Page 1 of 1 LEGAL DESCRIPTION CITY OF TEMECULA UTILITY EASEMENT That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 21 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, included within a strip of land 10.00 feet wide, the centerline of which is described as follows: COMMENCING at the most westerly corner of Parcel 1 of Parcel Map No. 7093 as shown on a map thereof filed in Book 22, Page 59 of Parcel Maps in said Office of the Riverside County Recorder, said point being on the southeasterly line of Rancho California Road (110 feet wide) as shown on said parcel map; thence along the southwesterly line of said Parcel 1 South 24°58'19" East 134.00 feet to THE POINT OF BEGINNING; thence South 60041'46" West 144.40 feet to a point in a curve shown as Course No. 31 on Exhibit "B" attached to Certificate of Compliance No. 95-0063 recorded August 21, 1995 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder. Said strip of land shall be lengthened or shortened northeasterly so as to terminate in said southwesterly line of Parcel 1 and southwesterly so as to terminate in said Course No. 31 and in Course No. 30 as shown on said Exhibit "B". SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "3.2" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 //~ RANCHO ¢AL/FORN/A ROAD [_OT /9 zl: I~31'~/'; L: Z. OD' NO. 3534 5,1 / 25-30 /_OT ~_/ ,'_07' NO. EXHIBIT "3.2" SKEtC. TO ACCOMPAMY LEGAL DESCRIPTION CITY OF TEMECULA UTILITY EASEMENT REK FEB. ~5,/~*~/7 I -I I": 50' SHEET I OF I SHEET Recording Requested By: The City of Temecula And When Recorded Mail to Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 No Recording Fee Exempt pursuant to Government Code § 6103 GRANT OF EASEMENTS AND AGREEMENT (Access, Parking and Flagpole) THIS GRANT OF EASEMENTS AND AGREEMENT ("Agreement") is made as of , 1997 (Access, Parking and Flagpole) (the "Effective Date") by and between the City of Temecula, a public body corporate and politic (the "City") and SRA VENTURES, LLC, a California limited liability company ("Oscar's"). RECITALS A. The City is the owner of that certain real property (the "City Property") situated in the City, County of Riverside, State of California, as more particularly described as the "Pond Site" in Exhibit "A" to that certain Grant Deed whereby KRDC, Inc., a California corporation, conveyed certain property to the City of Temecula, a body corporate and politic, dated July 26, 1995, and recorded July 28, 1995, as Instrument No. 245770 of the Official Records of the County Recorder of Riverside, California, as amended by that certain Corrective Quitclaim Deed between the City and Oscar's dated as of the Effective Date and recorded concurrently herewith (the "Corrective Quitclaim Deed"). B. Oscar's is the owner of that certain real property (the "Oscar's Property") adjacent to and contiguous to the City Property, situated in the City, County of Riverside, State of California, as more particularly described in Exhibit "A" to that certain Grant Deed whereby S&C Company, Inc., a California corporation conveyed certain property to Oscar's, dated December 13, 1996, and recorded December 18, 1996 as Instrument No. 476576 of the Official Records of the County Recorder of Riverside California, as amended by the Corrective Quitclaim Deed. The City Property and the Oscar's Property are generally depicted on the Plot Plan (the "Plot Plan") attached hereto as Exhibit "A" and incorporated herein by this reference. 970208 11086-OOOO6 kk 1490275 1 C. The City and Oscar's desire to grant each other certain easements as provided herein. AGREEMENT THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and of the easements and covenants contained herein, it is agreed as follows: 1. City Access Easement. 1.1 Grant of Nonexclusive Access Easement. Oscar's hereby grants to the City a non-exclusive appurtenant easement (the "City Access Easement") over the Oscar's Property, excluding any area improved or in the future improved with buildings, landscaping, and related structures. For the purposes of the City Access Easement, the Oscar's Property shall be the servient tenement and the City Property shall be the dominant tenement. 1.2 Scope of City Access Easement. The City Access Easement shall be for the purpose of ingress and egress between Rancho California Road and the City Property for (i) the public, (ii) pedestrians, and (iii) commercial and non- commercial vehicles. 1.3 Rights Retained by Oscar's. Notwithstanding the City Access Easement, Oscar's retains the right to use, develop, and maintain the Oscar's Property in any manner Oscar's determines in Oscar's sole discretion, provided the same shall not unreasonably interfere with the City's exercise of the City Access Easement. 2. Reciprocal Parking Easements. 2.1 Grant of Oscar's Temporary Parking Easement. Subject to the termination provisions of Sections 2 and 9 herein, the City hereby grants to Oscar's a non-exclusive temporary easement for parking purposes (the "Oscar's Temporary Parking Easement") over that portion of the City Property described and depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Oscar's Temporary Parking Area"). The Oscar's Temporary Parking Easement shall be appurtenant to the Oscar's Property and, for the purposes of the Oscar's Temporary Parking Easement, the City Property shall be the servient tenement and the Oscar's Property shall be the dominant tenement. 2.1.1 Scope of Oscar's Temporary Parking Easement. The Oscar's Temporary Parking Easement shall be for the sole purpose of parking non- commercial vehicles of Oscar's tenants, customers, invitees and employees. Oscar's may, upon receipt of written approval by City Manager, install temporary parking facilities on the Oscar's Temporary Parking Area. The parties acknowledge 970208 11086-00006 kk 1490275 1 - 2 - that the City intends to develop the City Property in the future and at such time the City may, upon 30 days' written notice by the City Manager, terminate the Oscar's Temporary Parking Easement. Upon termination Oscar's shall not be entitled to compensation for any temporary parking facilities installed on the Oscar's Temporary Parking Area. Notwithstanding any other provision to the contrary, the Oscar's Temporary Parking Easement is not intended to provide Oscar's with access to Ynez Road and the northwesterly portion of the Oscar's Temporary Parking Easement does not terminate or intersect within Ynez Road. 2.1.2 Riqhts Retained by the City. The City retains the right to use, develop and maintain the Oscar's Temporary Parking Area in any manner the City determines in the City's sole discretion, including without limitation, installation, construction, maintenance, operation, alteration, repair, replacement, relocation, reconstruction, inspection, and removal at any time and from time to time, the temporary parking facilities, if any, installed by Oscar's on the Oscar's Temporary Parking Area. The City also retains the right to relocate the Oscar's Temporary Parking Area provided, that the relocated Oscar's Temporary Parking Area shall be reasonably comparable to the Oscar's Temporary Parking Area described herein. 2.2 Grant of City Parking Easement. Oscar's hereby grants the City a non-exclusive appurtenant easement for parking purposes (the "City Parking Easement") in a portion of the Oscar's Property designated for parking by Oscar's patrons (the "City Parking Area") for purposes of the City Parking Area, the Oscar's Property shall be the servient tenement and the City Property shall be the dominant tenement. 2.2.1 Scope of City Parking Easement. The City Parking Easement shall be for the purposes of parking non-commercial vehicles of (i) the public, and (ii) the City's invitees and employees. 2.2.2 Rights Retained By the City. Oscar's retains the right to use, develop, and maintain the City Parking Area in any manner Oscar's determines in Oscar's sole, but reasonable discretion, including without limitation, installation, construction, maintenance, operation, alteration, repair, replacement, relocation, reconstruction, inspection, and removal at any time of improvements, and Oscar's reserves the right to relocate the City Parking Area, provided that the relocated City Parking Area shall be reasonably comparable to the City Parking Area described herein. 3. Oscar's Flagpole Easement. 3.1 Grant of Oscar's Flagpole Easement. Subject to the termination provisions of Section 3 and 9 herein, the City hereby grants to Oscar's a non- 970208 11086-00006 kk 1490275 ! - ;3 - exclusive appurtenant easement to maintain three (3) flagpoles (the "Oscar's Flagpole Easement") over a portion of the City Property described and depicted in Exhibit "C" attached hereto and incorporated herein by this reference (the "Oscar's Flagpole Easement Area"). For purposes of the Oscar Flagpole Easement Area, the City Property shall be the servient tenement and the Oscar's Property shall be the dominant tenement. 3.1.1 Scope of Oscar's Flagpole Easement. The Oscar's Flagpole Easement is for the purposes of ingress and egress to the flagpoles, and maintenance of the flagpoles and the Flagpole Easement Area. Oscar's may, subject to compliance with the City's sign ordinance, use the flagpoles for the display of signs. Oscar's shall maintain the flagpoles, flags, and the Oscar's Flagpole Easement Area in good condition, free and clear from paper, debris, rubbish and other hazards. Notwithstanding the foregoing, the City may, upon thirty (30) days written notice from the City Manager, terminate the Oscar's Flagpole Easement. 3.1.2 Rights Retained By the City. The City retains the right to use, develop and maintain the Oscar's Flagpole Easement Area in any manner the City determines in the City's sole discretion, including without limitation, installation, construction, maintenance, operation, alteration, repair, replacement, relocation, reconstruction, inspection, and removal at any time and from time to time, the flagpoles or any signs installed by Oscar's in the Oscar's Flagpole Easement Area. The City also retains the right to relocate the Oscar's Flagpole Easement Area upon thirty (30) days written notice from the City Manager. 4. Indemnification and Exculpation; Insurance. 4.1 Indemnification of City. Oscar's shall indemnify, defend and hold harmless the City and any successor to the City Property, their respective present, future and former officers, employees, attorneys and agents and their respective predecessors, successors, assigns, heirs, executors, and administrators of each of the foregoing from and against any and all losses, claims, demands, costs, expenses, liens, fines, penalties, liabilities, judgments and damages resulting directly or indirectly from or related to the use of the easements granted herein to Oscar's and Oscar's tenants, customers, invitees, employees and successors in interest to the same, except to the extent caused by the gross negligence of the City. 4.2 Exculpation Of City. The City shall not be liable to Oscar's for any damage to Oscar's or Oscar's tenants, customers, employees, invitees, patrons, and successors in interest from or related to the use of the easements granted herein, except to the extent caused by the gross negligence of the City. Oscar's, on behalf of Oscar's and Oscar's successors in interest, hereby waives all claims against the City for personal injury and property damages from or related to 970208 1108§-0000§ kk 149027,5 1 - ~' - 6. Maintenance Of Respective Parcels. Unless otherwise provided herein, each party shall maintain their respective properties at their own expense. 7. Costs of Enforcement. If any legal or equitable action or proceeding is instituted by one party against the other to enforce or interpret any provision of this Agreement, the prevailing party in such action shall be entitled to recover from the losing party all of the prevailing Party's costs of suit, including, but not limited to reasonable attorneys' fees awarded by the court. 8. Mortgagee Protection. No breach or violation of the provisions of this Agreement shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the City Property, the Oscar's Property, or both, as such property may be further subdivided subsequent to the recordation of this Agreement. The provisions of this Agreement shall otherwise bind and benefit the subsequent owner of the City Property, the Oscar's Property, or both, whose title is acquired by judicial or non- judicial foreclosure, deed in lieu of foreclosure, or otherwise; provided, however, that any such subsequent owner shall have a reasonable time, not to exceed thirty (30) days after written receipt of notice of violation, to cure any violation under this Agreement that is reasonably capable of being cured. 9. Termination. The City may, upon thirty (30) days written notice from the City Manager, terminate the Oscar's Temporary Parking Easement, the Oscar's Flagpole Easement, or both. 10. Amendment. This Agreement may be amended or modified only by a written instrument executed and acknowledged by the parties or their successors in interest and recorded in the Official Records of Riverside County, California. 11. Captions. The captions used in this Agreement are for convenience only and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning of the provisions of this Agreement. 12. Severability. Any provision of this Agreement adjudicated by a court of competent jurisdiction to be invalid or unenforceable for any reason shall be ineffective to the extent that such prohibition or invalidity shall not invalidate or otherwise render invalid or unenforceable any remaining provisions of this Agreement. 13. Integration. This Agreement sets forth the entire Agreement of the parties with respect to the subject matter addressed, and all prior negotiations, representations, warranties and discussions are superseded by the provisions of this Agreement. 970208 11086-00006 kk 1490275 1 - 6 - 14. Gender. Unless the context requires a contrary construction, the singular shall include the plural and the masculine, feminine and neuter shall each include the masculine, feminine and neuter. 15. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 16. California Law . This Agreement shall be construed in accordance with the laws of the state of California. 17. Notices. Notices, consents requests and other communications required or permitted in this Agreement shall be in writing and shall be deemed duly given by one party and received by the other party when: (a) personally served; or (b) (i) sent by United States mail, postage prepaid, certified mail, return receipt requested, and actually received by, or rejected by, the party to whom it is addressed; and (ii) addressed to the applicable party at the respective address set forth below: "CITY" City of Temecula 43174 Business Park Drive Temecula, CA 92590 With a copy to: Richards, Watson & Gershon 333 S. Hope St., 38th Floor Los Angeles, CA 90071 Attn: Peter M. Thorson, Esq. To: "Oscar's" SRA VENTURES 9823 Pacific Heights Boulevard, Suite J San Diego, CA 92121 Any party may change its address for by notifying the other party in accordance with the procedure set forth above. 18. No Partnership. Nothing in this Agreement shall deem the City and Oscar's as partners or joint venturers. 970208 11086-00006 kk 1490275 1 - 7 - IN WITNESS WHEREOF, the City and Oscar's have executed this Agreement as of the Effective Date. "CITY" (Signatures Follow) City of Temecula By: Mayor Attested to: By: June S. Greek, City Clerk Approved as to form: By: Peter M. Thorson, Esq., City Attorney "Oscar's" SRA VENTURES, LLC, a California Limited Liability Company Tamara Celmo Its: President 970208 11086-00006 kk 1490275 1 - 8 - State of California County of Not~ Public, personally appe~ed , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execmed the instrument. Signature (seal) State of California County of WITNESS my hand~, d offici/at-:seal. · I ~ ,' ,/' _/ ~./ ~ ~ Mg Corem [xp. ~u~ 2~, 20~0 } SS. } On , 19 Notary Public, personally appeared , before me, , a , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) 970208 11086-00006 kk 1490275 1 "EXH~IT A- (PLOT PLAN) RANCHo TEMECULA DUCK POND ("City Property") APN 944-330-014 ?.52 acres approximately / ROAD OSCAR'S RESTAURANT ("Oscar's Property") /APN 944-330-013 1.88 acres approximately SITE/LOCATION PLAN TEMECULA DUCK POND/OSCAR'S RESTAURANT NOTTOSCALE Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "B" Revised February 25, 1997 November 6, 1996 400861-M6 Page 1 of 1 LEGAL DESCRIPTION OSCAR'S TEMPORARY PARKING AREA That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 19 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, described as a strip of land 25.00 feet wide the northwesterly line of which is described as follows: BEGINNING at the westerly terminus of Course No. 17 (North 87o26'00" West 25.00 feet) as shown on Exhibit "B" attached to Certificate of Compliance No. PA95-0063 recorded August 21, 1996 as Instrument No. 273482 of Official Records in said Office of the Riverside County Recorder; thence South 04°38'35" East 36.00 feet to the beginning of a tangent curve concave northwesterly and having a radius of 112.50 feet; thence along said curve southwesterly 131.66 feet through a central angle of 67°03'17"; thence tangent from said curve South 62°24'42" West 22.77 feet to the beginning of a tangent curve concave southeasterly and having a radius of 612.50 feet; thence along said curve southwesterly 178.15 feet through a central angle of 16039'53" and the POINT OF TERMINATION. Said strip of land shall be lengthened or shortened so as to terminate northerly in said Course No. 17. CONTAINING: 0.212 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "B.I" attached and by this reference made a part hereof. Lawrence L. Bacon, PLS 3527 14f~79 F~NCHo I_OT POND SITE INST. NO. 245770, O.R. (7-28-95) M.~. 54 / 25-50 .6 ~5 '44 '4~'~ , CALIFORNIA EXHIBIT "B. I" SKETCH TO ACCOMPANY LEGAL DESCRIPTION OSCAR'S TEMPORARY PARKING AREA IVOV. ~ ~ I~D~ SHEET I OF I SHEET %.~l~ C2~obe~ ~ei~, q~illiam CF~Ost ~c~ssociatcs PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS 28765 SINGLE OAK DRIVE · SUITE 250. TEMECULA CA 92390 (714~ 676 8042 · FAX (714) 676-7240 1"= I00 ' ~OOl~l- M~ Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "C" Revised February 25, 1997 November 6, 1996 400861-M5 Page 1 of 1 LEGAL DESCRIPTION OSCAR'S FLAG POLE EASEMENT AREA That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 19 of Tract No. 3334 as shown on a map thereof filed in Book 54, Pages 25 through 30 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the southerly terminus of Course No. 26 as shown on Exhibit "B" attached to said Certificate of Compliance; thence along said course North 17°48'23" West 31.00 feet to the terminus of said course and a point in Course No. 27 as shown on said Exhibit "B", being a non-tangent curve concave northerly and having a radius of 21.00 feet, a radial line of said curve from said point bears North 04031'00" West; thence along said curve and Course No. 27 westerly 16.42 feet through a central angle of .~4°48'18"; thence non-tangent from said curve South 17048'23" East 42.51 feet to the non-tangent intersection with Course No. 25, being a curve concave southeasterly and having a radius of 40.00 feet, a radial line of said curve from said point bears South 36°46'19" East; thence along said curve and Course No. 25 easterly 13.24 feet through a central angle of 18057'56" to the POINT OF BEGINNING. CONTAINING: 0.011 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "C. 1" attached and by this reference made a part hereof. Lawrence L. Bacon, PLS 3527 141579 RANCHo / m~,. / NO. 3334 POND SITE INST. NO. ~,~770o OoR. CAL/FoN~44 5 d.~ m 17'/~'" W - 7~-- m .) ~ INDICATES CDZ/,¢S£ L= /~,4~' EXHIBIT"C.I" SKETCH TO ACCOMPANY LEGAL DESCRIPTION OSCAR'S FLAG POLE EASEMENT AREA SCALE I"= 100 ' SHEET I OF I SHEET ~.ob~f ~Bci~[. ~William ~J%st ~ c.~ssociat~s PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS 28765 SI~GLE OAK DRIVE · SUI]E 250 · TEMECULA CA 923~ (!14~ 67b 8042 ' FAX ~714~ 676 7240 F~ELD BO0~ I JOB NO ~0~/- ~ fI'EM 8 APPROVAL CITY ATTORNEY DIR. OF FINAN~ CITY MANAGER ~[ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Tim McDermott, Assistant Finance Director March 25, 1997 Purchase of City Manager Vehicle PREPARED BY: Allie Kuhns, Senior Management Analyst~ RECOMMENDATION: That the City Council approve the purchase of a 1997 Ford Explorer XLT in the amount of $27,851.14, and appropriate $1,400 to the Vehicle Internal Service Fund to cover the vehicle depreciation expense for this fiscal year. DISCUSSION: The City Manager is currently driving a 1992 Chevy Blazer, which was purchased by the City in 1991. This vehicle's life expectancy and depreciation schedule were set at 5 years, thus fully depreciating the vehicle in 1996. Additionally, with over 114,000 miles, the vehicle has required several repairs within the past two years, including breaking down/having to be towed, and is physically deteriorating inside. In order to purchase a new vehicle for the City Manager, on February 27, 1997, the City sent out twelve (12) Requests for Proposals ("RFP's") to local vendors for the purchase of a 4-WD sport utility vehicle (see attached vendor list). Out of the 12 RFP's sent out, six (6) proposals were received, as follows: DEALER VEHICLE PRICE Norm Reeves Chrysler Carriage Motor Company Paradise Chevrolet Rancho Ford Nissan of Temecula Toyota of Temecula Jeep Cherokee Sport GMC Jimmy Chevy Blazer Ford Explorer Nissan Pathfinder Toyota 4-Runner SR5 $23,221.11 $24,294.36 $25,199.80 $27,851.14 $30,150.60 $31,908.76 Prior to examining the prices, Staff reviewed "consumer information" on each vehicle. From this information, the vehicles were ranked based on dependability, safety features, crash test results, average insurance costs, and dimensions. The two vehicles rated highest were the Ford Explorer and Toyota 4-Runner. After Staff reviewed technical literature which Staff obtained on the vehicles proposed, the Manager test drove each vehicle. The Manager tested all vehicles and completed a performance evaluation of the vehicles using check-off sheets provided by Staff. All vehicles meet the technical specifications outlined in the RFP, but the Jeep Cherokee does not provide adequate passenger leg room in the rear seat and has limited cargo space in staff's opinion; and, neither of the General Motors vehicles (GMC Jimmy and Chevy Blazer) have passenger side airbags available for passenger safety. Based on the information provided and test drive results, the Ford Explorer best meets the City's needs of transporting multiple passengers safely and comfortably, and still provides a vehicle for emergency responses during natural disasters. Staff recommends Council approve the purchase of a Ford Explorer from Rancho Ford of Temecula. The 1991 Chevy Blazer will be disposed of in accordance with the City's ordinances governing property disposition. FISCAL IMPACT: Adequate reserves are available for the purchase of this vehicle. An appropriation of $1,400 will be required in the Vehicle Internal Service Fund to cover the vehicle depreciation expense for this fiscal year. Attachments: Vehicle Vendor List VEHICLE VENDOR LIST Carriage Motor Company 41872 Motor Car Parkway Temecula CA 92591 694-6060 Nissan of Temecula 41895 Motor Car Parkway Temecula CA 92591 676-6601 Norm Reeves Supergroup 26799 Ynez Road Temecula CA 92591 676-0010 Paradise Chevrolet-Buick-Geo 26845 Ynez Road Temecula CA 92591 699-2572 Rancho Ford-Lincoln-Mercury 26895 Ynez Road Temecula, CA 92591 699-1302 Schumaker Auto Sales & Leasing 28733 Via Montezuma Temecula, CA 92591 699-6633 Temecula Auto Sales 28781 Front Street, Unit A Temecula, CA 92590 308-1466 Temecula Dodge Chrysler 26755 Ynez Road Temecula, CA 92591 No phone listing Temecula Mazda 26799 Ynez Road Temecula, CA 92591 699-4444 Toyota of Temecula Valley 26631Ynez Road Temecula, CA 92591 694-9333 Vaagen Automotive Sales 28780 Front Street Temecula, CA 92590 694-3350 Valentine Motors 28461 Front Street Temecula, CA 92591 676-2107 i~i'EM 9 CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY FINANCE DIREC'D~OR CITY MANAGER TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 25, 1997 1-15/Rancho California Road Interchange Improvements, Work Authorization Agreement with GTE California for the cost of relocating/under grounding of GTE California's Facilities at Rancho California Road and Interstate Route 15, Project No. PW95-12 PREPARED BY: ~r Don Spagnolo, Principal Engineer - Capital Projects Steven W. Beswick, Project Engineer RECOMMENDATION: That the City Council: 1. Approve the Interagency Agreement and authorize the Mayor to execute documents. Authorize payment to the GTE California for construction fees in the amount of $592,190.00. BACKGROUND: During the design phase of the project, the City received a Work Authorization Agreement from GTE California for the cost of relocating/under grounding of GTE California's Facilities for Rancho California Road at Interstate Route 15, Interchange Improvements (Project No. PW95- 12) that is in conflict with the proposed northbound off-ramp. This GTE California Work Authorization Agreement sets forth the terms and conditions associated with the relocation/under grounding of their facilities. The Agreement includes a general description of the work to be performed, the City's responsibilities, and GTE California's responsibilities during construction. GTE California will construct the new facilities. GTE California is requesting the City pay the sum of $592,190.00 which is equal to the estimated cost of the work ($598,950.00), less the initial payment of $6,760.00 that was paid by the City on October 25, 1996. r:\agdrpt\97\O325\pw95-12.agr/ajp The following items of work are included in the above-mentioned agreement: Design, constructing one (1) new manhole, removing two (2) existing manholes, trenching 3,000 feet for six (6) ducts, trenching 100 feet for two (2) ducts, potholing for existing substructures, placing thirty (30) cables ranging in sizes from 4,200 pair to 600 pair with one fiber optic cable, splicing of 27,500 non-working cable pairs, transferring 18,900 working lines, and removal of 11,981 feet of existing cable. The sketch and specifications that are referred to, in the agreement as attachments, are for GTE California's use only, however, GTE California did send the City a letter dated February 20, 1997(See attached Exhibit) explaining the work to be done and a summary of costs. It should be noted that GTE California has eliminated the Income Tax Component(ITC) that is normally charged by the Federal Government. Upon completion of the work, GTE Accounting Department will calculate all charges associated with this project and bill or refund the City the difference between the final actual costs and the deposits received. Two (2) Interagency agreements are attached for execution by the City. One copy is to be retained by the City and the other returned to GTE California with the check for $592,190.00 in the attached self-addressed envelope. It should be noted that Work Order #0573-8P001CB should be written on the check. The Agreement has been reviewed and approved as to form by the City Attorney. FISCAL IMPACT: This project is funded primarily by the General Fund and Public Facilities Development Impact Fees. Funds are available in Account No. 210-165-601-5804 for the required $592,190.00. Attachments: 1. GTE California Agreement 2. Exhibit r:\agdrpt\97\0325\pw95-12.agr/ajp GTE GTE Telephone Operations March 4, 1997 150 S. Juanita Street Hemet, CA 92543 CAEI 5NC RECF" Mr. Don Spagnolo City of Temecula P.O. Box 9033 Tcmccula, CA 92589-9033 CiTY Of ENGINEERllq,. Dear Mr. Spagnolo: RE: Your request dated 09/10/96 GTE Work Order Number 0573-8P00 ICB GTE California (hereinafter called "GTE") has completed the engineering study you requested to determine the cost for relocating/undergrounding our facilities at Rancho California Road & 15 Freeway. Our study indicates that the estimated billable actual cost for the requested work is $598,950.00. GTE is prepared to proceed with the requested work under the following terms and conditions that shall apply. 1. Customers shall pay in advance to GTE the sum of $592,190.00 which is equal to the estimated actual cost of the work $598,950.00, less the initial payment $6,760.00 that xvas paid on 10/25/96. Upon completion of the Work Order, GTE Accounting Department will calculate all charges associated with this work order and either bill or refund the Customer the difference between the final actual costs and the deposits receive. 2. GTE will attempt to complete the work for ~vhich it is responsible and to be performed under this agreement (180) days after receipt of the payment, a fully executed copy of these agreement documents, and if applicable, receipt of notification that acceptance Customer provided underground facilities and trenches have been provided and are ready to accept facilities to provided by GTE. However, no damages or other liability shall accrue against GTE in favor of Customers if the work is not completed within said period due to GTE's action or the action of other utilities, agencies or other companies involved in this relocation project. 3. The costs and engineering specifications will be null and void if this letter is not signed and returned within (30) calendar days from letter date. or if Customer requests a new' engineering study. City of Temecula O3/O4/97 Page 2 4. The undersigned participating customers understand that this agreement shall not be binding on GTE or individual customers unless, and until, all Customers have given their approval of these terms and conditions by signing on the lines provided. Please indicate your acceptance of these terms and conditions by signing the enclosed copy of this letter where indicated below, initialing and dating the enclosures, and returning the fully executed copy to ine in the self-addressed envelope provided. Your check in the amount indicated in Condition Number 1 above must be included with the returned signed cop5' of this letter. Please show Work Order #0573-8P001CB on your check. If you have any questions, please direct them to Chuck Watson at 909/929-9401. Vex truly yours, R.A. Rathbone Section Manager - Access Design & Construction ACCEPTANCE: By Date Name (and Title if Company involved) By Date CW:rar Attachments (Sketch, specifications as required) February 20, 1997 GTE Telephone Opefations 150 S. Juanita Street Hemet, CA 92543 CAE 15NC City of Temecula Attention: Mr Joe Kicak 43200 Business Park Drive Temecula, CA 92589-9033 Dear Mr. Kicak.: RECF!\IED FEB & 1997 CITY OF TEMECULA ENGINEERING DEPARTMENT RE: GTE Work Order Number 0573-8P001CB GTE California (herein after called "GTE") has completed the engineering study you requested to determine the cost for relocating/undergrounding our facilities at Rancho California Road and the 15 Freeway. The requested work involves placing (1) one new manhole and removing (2) two existing manholes, trenching 300 feet for (6) six ducts, trenching 100 feet for (2) two ducts and potholing for existing substructure. There will be (30) thirty cables placed ranging in sizes from 4200 pair to 600 pair with one fiber optic cable. This will require splicing 27,500 non working cable pairs and transferring 18,900 working lines. After completion of cut over it will be necessary to remove 11,981 feet of cable to clear the area of conflict. IfI can be of further assistance, please call me at 909/929-9401. Sincerely, Chuck Watson Senior Engineer Access Design Attachment GTE Work Order #0573-8P001CB Summary of Cost Place Substructure Contract Labor, Supplies and Material Labor GTE to Place & Splice Material GTE Supplies and Material Sub Total of Gross Expenditures Gross Expenditures x 31.9% (ITC) Total Construction Cost Less h~itial Payment Total Amount Due $ 38,855.00 190,252.00 369,843.00 $ 598,950.00 +191,065.00 $ 790,015.00 - 6,760.00 $ 783.255.00 ITEM 10 APPROVAL CITY ATTORNEY FINANCE OFFICER. CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk/Director of Support Services March 25, 1997 Declaration of Results of March 4, 1997 Election RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE MUNICIPAL ELECTION HELD ON TUESDAY MARCH 4, 1997, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: THE Municipal Election, held on March 5, 1997, was conducted as provided for in City Council Resolution No. 96-138, adopted on November 26, 1996 by the Riverside County Election Department. The attached resolution recites the facts as to the canvass of the returns and certified final results. The attached resolution is prepared to formalize the process of declaring the results as provided by the Elections Code ofthe State of California. FISCAL IMPACT: To be determined, upon receipt of final billing from the County of Riverside, Registrar of Voters. A budget allocation in the amount of $40,000.00 has been set aside to defray these costs. ATTACHMENTS: Resolution No. 97- With Exhibit "A" R:\agenda.rpt\results.397 1 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY MARCH 4, 1997, DECLARING THE RESLILTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Temecula, California, on Tuesday, March 4, 1997, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. 96-138 adopted November 26, 1996, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the City, including absent voter ballots, was 6,039. Section 2. The measure voted upon at the election is as follows: PARKS, RECREATION, LANDSCAPING AND LIGHTING REPLACEMENT TAX: Shall Ordinance No. 96-21 of the City of Yes Temecula be adopted which would replace, at the same rate, the existing Temecula Community Services District Rates and Charges for the maintenance, operation and servicing of public parks, recreation facilities, recreational and community services programs, median No landscaping, arterial street lights and traffic signals with a special tax at the same existing rate which shall only be used for those purposes? Section 3. That the number of votes given at each precinct and the number of votes given in the city for and against the measure is as listed in Exhibit "A" attached. ResoS\129 1 Section 4. The City Council does declare and determine that as a result of the election, more than two thirds of the voters, voting on the measure, did vote in favor of it and the measure was carried, and shall be deemed adopted and ratified. Section 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The measure voted upon; (3) the number of votes given at each precinct for and against the measure; (4) The total number of votes given for and against the measure. Section 6. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 25th day of March, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC City Clerk [SEAL] ResoS\129 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 25th day of March, 1997 by the following roll call vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC City Clerk ResoS\129 3 001 EXHIBIT "A" SPECIAL CITY MEASURE, MARCH 4, 1997 CITY OF TEMECULA/SPECIAL TAX MEASURE "C" 3/10/97 ABSENTEE TOTALS GRAND TOTALS R B E A G L I L S 0 T T T R S U A R T C N I A O 0 S U N T T 562 121 21.5 543 124 22.8 883 201 22.8 1060 227 21.4 691 106 15.3 628 120 19.1 1096 207 18.9 597 131 21.9 936 221 23.6 961 57 5.9 863 195 22.6 874 255 29.2 1055 225 21.3 513 103 20.1 926 131 14.1 989 132 13.3 603 148 24.5 1098 167 15.2 884 199 22.5 752 170 22.6 1010 179 17.7 705 198 28.1 1119 166 14.8 1170 215 18.4 876 193 22.0 21394 1848 8.6 21394 6039 28.2 S P E CC II AT LY TO AF X T ME EM AE SC UUY RL e EA $ 92 102 158 199 95 95 163 101 172 49 146 214 175 76 103 97 114 129 166 140 122 166 132 170 142 1303 4621 N 28 2O 43 25 10 25 44 29 49 7 41 48 27 28 35 33 38 32 30 55 31 33 45 51 53~ 1386 TEMECULA CO'MMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MARCH 18, 1997 A regular meeting of the Temecula Community Services District was called to order at 8:08 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: ABSENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. President Stone thanked the citizens who voted in favor of Measure C, and pledged to continue providing quality programs and facilities with no increase in fees, through use of the REST Program. CONSENT CALENDAR Director Ford questioned Item No. 4, asking if Margarita Park can be maintained without an increase in Community Services Fees. Director of Community Services Shawn Nelson answered any additional funding that is needed will be obtained through the General Fund. President Stone announced he would abstain on Item No. 5, due to a conflict of interest. It was moved by Director Lindemans, seconded by Director Birdsall, to approve Consent Calendar Items 1-5, with President Stone abstaining on Item No. 5. AYES: 5 DIRECTORS: Birdsall, Ford, Linderoans, Roberts, Stone NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 1 Minutes 1.1 Approve the minutes of February 25, 1997. r:\minutes.csd\031897 -1 - 2 3 4 Approve Purchase Order - 1997 July 4th Fireworks Show 2.1 Approve the purchase order in the amount of $17,000 to Robert Caran Productions to produce the City of Temecula's July 4th Fireworks Show. Amendment No. 1 to Design Services Contract - Duck Pond Project 3.1 Approve Amendment No. 1 in the amount of $23,700 to the design services contract with the Alhambra Group for the preparation of the schematic design drawings, construction documents, and project administration for the Duck Pond Project. Park Development Projects 4.1 Receive and file this report regarding the development of Winchester Creek Park and Margarita Community Park. Completion and Acceptance of the Sam Hicks Monument Park Improvement Project - Project No. PW94-15CSD 5.1 5.2 5.3 Accept the Construction of Sam Hicks Monument Park Improvement Project, Project No. PW94-15CSD, as complete; Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. The motion carried as follows: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 1 DIRECTORS: Stone Birdsall, Ford, Lindemarts, Roberts DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Shawn Nelson, on behalf of City staff, thanked the citizens of Temecula for voting in favor of Measure C. He pledged to continue to provide high quality programs and services to the citizens of Temecula. He also thanked the community, the City Council and staff for their prayers and support during the past few weeks since his daughter's accident. He reported Jennifer is home from the hospital and progressing well. r:\minutes.csd\031897 GENERAL MANAGERS REPORT General Manager Bradley also thanked the community for their support. He reported that Measure C passed with 77% of the voters in favor. He also stated, 70% of absentee voters cast a positive vote and 88% of citizens who went to the polls, voted in favor of Measure C. BOARD OF DIRECTORS REPORTS Director Roberts reported that the City has received two awards from the California Parks and Recreation Society, one for its quarterly newsletter and one for the Skatepark. ADJOURNMENT It was moved by Director Lindemans, seconded by Director Roberts, to adjourn at 8:18 PM to a meeting on March 25, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Jeff Stone, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd\031897 -3- ITEM 2 APPROVe,, CITY ATTORNEY DIRECTOR OF FIN,ABlE CiTY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: March 25, 1997 SUBJECT: PREPARED BY: RECOMMENDATION: Conveyance of Easement and Acceptance of Faithful Performance Bond/Veteran's Park (Northeast Corner of La Serena Way and South General Kearny Road.) ~' ~/~eryl Yasinosky, Development Services Analyst That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, GRANTING AN EASEMENT IN FAVOR OF TCI CABLEVISION OF CALIFORNIA, INC. ACROSS VETERAN'S PARK, WITHIN THE CITY OF TEMECULA. Direct the Secretary/City Clerk to obtain the necessary signatures and record the Grant of Easement Deed. Accept the Faithful Performance Bond provided by TCI Cablevision of California, Inc. as security for the restoration of any park facilities damaged by the cable installation. BACKGROUND: Pursuant to an exclusive franchise agreement with the City of Temecula, TCI Cablevision of California, Inc. (TCI) currently owns and operates a satellite dish and other related cable facilities behind Veteran's Park. Although TCI's improvements are located on a separate parcel, several easements in favor of the cable facility currently exist over Veterans Park, providing cable and vehicular access to the site. However, TCI has determined that it must increase its current cable and fiber-optic installations in order to improve and expand its communications services to the City. As a result, TCI has requested the conveyance of an easement from the TCSD across Veteran's Park to provide for additional cable lines and other facilities related to the cable. Pursuant to a field inspection between the TCSD Maintenance Superintendent and TCI's engineering representative, it has been determined that the installation of the cable lines within yasinobk\tci.vpe 032597 the proposed easement and landscaped right-of-way adjacent to South General Kearny Road will result in some damage to the park landscaping and irrigation equipment. Therefore, TCI has entered into an agreement with the TCSD and provided the following bond, issued by United States Fidelity and Guaranty Company, in the amount of $10,000 to insure that the park landscaping and irrigation will be restored to its original condition: USFGC Faithful Performance Bond No. 64-8640-00960-97 in the amount of $10,000. The bond shall be released upon restoration of the park improvements to the satisfaction of the TCSD Maintenance Superintendent. All work within Veteran's Park and the street right-of-way will be monitored by Public Works and TCSD staff. In addition, all liability insurance requirements have been satisfied by TCl. FISCAL IMPACT: The cost of any repairs to Veteran's Park as a result of the installation of the cable facilities shall be borne by TCI Cablevision of California, Inc. No other costs are anticipated by the conveyance of this easement. ATTACHMENTS: Resolution. Grant of Easement Deed, legal description and plat. Copy of Faithful Performance Agreement/Bond. yasinobk\tci.vpe 032597 RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, GRANTING AN EASEMENT IN FAVOR OF TCI CABLEVISION OF CALIFORNIA, INC. ACROSS VETERAN'S PARK, WITHIN THE CITY OF TEMECULA The Board of Directors of the Temecula Community Services District does resolve, determine and order as follows: WHEREAS, the Temecula Community Services holds title to Veteran's Park, per recorded Instrument No. 43592. WI-IEREAS, TCI Cablevision of California, Inc. has entered into an exclusive franchise agreement with the City of Temecula to provide cable communication services. WltEREAS, TCI Cablevision of California, Inc. desires to expand and improve its services to the community by installing additional fiber-optic and other facilities related to the cable. WltEREAS, TCI Cablevision of Califomia, Inc. has requested the conveyance of a cable easement from the Temecula Community Services District for purposes of installing additional fiber-optic cable lines and other facilities related to the cable, pursuant to the easement deed attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District, as follows: Section 1. That the Temecula Community Services District convey an easement in favor of TCI Cablevision of California, Inc. across Veteran's Park as described in Exhibit "A", attached hereto. Section 2. The Secretary/City Clerk shall certify the adoption of this resolution and record the easement as described in Exhibit "A", attached hereto. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 25th day of March, 1997. R:\yasmobk\tc~cable.eas Jeffrey E. Stone, President 031897 ATTEST: June S. Greek, Secretary/City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I I-tF~REnY CERTIFY that the foregoing Resolution No. CSD 97- was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meetin thereof, held on the 25th day of March, 1997, by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS June S. Greek, Secretary/City Clerk R:\yasinobk\tcicab le. eas 031897 WI1EN RECORDED MAIL TO: City Clerk City of Te~necula PO Box 9033 Temecula, CA 92589-9{}33 ABOVE 'l HIS I INrF. F/JR RE.C( ~RDER 'S USL: MAIL TAX STATEMENTS TO: DOCt ~MENTARY TRANSFER TAX $ ........... C~mputed on the consideration -r value t,f property con~'e~ed u}< Computed on the consideration ~,r value less hens or cnc~brances remaining at time of sale Signature or' Dvclmant o~ Agent determining tax Fnm N,~mc EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acl~owledged, ?71E TE3,1E('( CO~IMUNITY SER 17CES DISI~ICT hereby fiRANT(S) to T('/(;.1B£EI 7SION OF (',4LHrORNIA, INC. an cascmcnt lbr cablevision utility pml)oscs t~vcr the real property in Ihe City of Temecula, County of Riverside State of Cahlbmia, described as See Exhibit "A" attached hereto ibr descnplion. See Exhibit "B" a~tached hereto lbr plat. ?'he Grantee agrees, by the acceptortee of this instt2tmettt, that in the event failure to properly maintain facilities, more commonly kuown as l ~terans Park, Grantee, at his discretion, shall repair or replace in kind within six(v (60) days of lI'ritlet~ Notice by (]rantot; those./bcilities which Grantor believes to have been damaged. Dated STATI/, OF CAJ.IFORNIA Iss. COUNTY OF On belbre me, personally appeared personally known to me (or proved to me on the basis of satisfi~ctory evidence) to be the person(s) whose name(s) is / are subscribed to the within inslnm~ent and ac 'knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instnanent the person(s) or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Signature Jeffi-cy E. Stone, President June S. Greek, City ClePMSccretary Approved As To Form, City Attorney (This area trbr official notarial seal ) MAIL TAX STATEMENTS AS DIRECTED ABOVE Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" LEGAL DESCRIPTION CABLEVISION UTILITY EASEMENT February 10, 1997 J.N. 401149-M1 Page 1 of 1 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Parcel 2 of Parcel Map No. 23890 filed in Book 162, Pages 44 through 46 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the southeasterly corner of Parcel 1 of said Parcel Map No. 23890; thence along the southerly line of said Parcel 1 North 79°50'00" West 34.88 feet; thence South 02°56'21" West 38.71 feet; thence South 87°03'39" East 20.00 feet to a line parallel with and 15.00 feet westerly from the westerly line of the MWD Easement described in a document recorded December 1, 1953 as Instrument No. 57185 of Official Records in said Office of the Riverside County Recorder; thence along said parallel line South 02°56'21" West 652.86 feet to the southerly line of said Parcel 2 of Parcel Map No. 23890; thence along said southerly line South 59045'38" East 16.88 feet to said westerly line of the MWD Easement; thence along said westerly line North 02°56'21" East 660.60 feet to the beginning of a tangent curve in said westerly line concave westerly and having a radius of 1480.00 feet; thence along said curve and westerly line northerly 34.33 thru a central angle of 01019'44" to the POINT OF BEGINNING. CONTAINING: 0.26 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "B" attached and by th~.ct~ made a part hereof. ,sxp. 6-20-~000 ~,;Z Lawrence L. Bacon, e~ 3527 7 _J CL © EXH ]~ B ~ T "B" SHEET CABLEV I S ! ON UT ! L ~ TY '~ EASEMENT E,. 88 ',,q 7 I I00 200 ~C(., 1 OK 1 SHEETS ,I O014 9 919096946488;# 2/ 4 SENT BY: 3-18-97 ;10:52~ ; TCl RISK ~IG'~IT-, 919096946488;# S/ 4 ~ Kirk~.j de /~sistant Vice Presfi.dent of Kisk M~naEa~cnt SENT BY: 3-18-B7 ;10:52AM ; TCI RISK btNGMT~ B1~0~16~46488;# 4/ 4 UNITED STATES FIDELITY AND GUARANTY COMPANY POWRR OF ATI~ORNKY NO. 107768 uud~ori '--~q, lb,mds--dmd.mlinp, mptimlM'lS:SmltUdlminfacii~...- ~,_ allowMbylet STATES ~ AND OU&II~NTY OI~Id~ANY F$ :~ (lO-i)2) ITEM 3 APPRO~II.~..,~...-.--, CiTY ATTORNEY DIRECTOR OF FII~IA/[~C~ , ~-~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: March 25, 1997 SUBJECT: Landscape Maintenance Improvement - TCSD Parks, Slopes and Medians PREPARED BY: ~ RECOMMENDATION: Bruce A. Hartley, Maintenance Superintendent That the Board of Directors: Approve contract amendment in the amount of $20,000 to California Landscape Maintenance, Inc. to provide repairs and improvements to City parks and medians currently under contract for maintenance through the end of FY 1996-97. Approve contract amendment in the amount of $20,000 to Excel Landscape, Inc. to provide repairs and improvements to City maintained slope areas currently under contract for maintenance through the end of FY 1996-97. BACKGROUND: The Temecula Community Services District (TCSD) currently contracts for landscape maintenance services for parks, slopes and medians. In addition to the routine maintenance required by those contracts, landscape and irrigation improvements or repairs are required. The two companies currently under contract with the City were selected through a competitive bid process in May, 1993 and are currently in the one extension period permitted by the contract. As low bid contractors, these two companies provide the TCSD with a mechanism to efficiently perform extra work throughout the term of the contract. This speeds up the process for making repairs or improvements to the parks, slopes and medians throughout the City. FISCAL IMPACT: The estimated cost for repairs and improvements to TCSD landscaped areas throughout the City for the remainder of FY 1996-97 is $20,000 for parks and medians, maintained by California Landscape, Inc. The estimated repair and improvement costs for slope areas, maintained by Excel Landscape, Inc. is $20,000. The costs for repairs and improvements have already been included in the Community Services Department Budget for FY 1996-97. ATTACHMENTS: 1) Amendments r: ~tl~yb~ag~ndas~xtsc97. po AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES The Agreement dated May 11, 1993, between the City of Temecula, and California Landscape, Inc. (hereinafter referred to as "Agreement") is hereby amended as follows: RE: Landscape Maintenance Services Section 1 Term of the Agreement is extended through June 30, 1997. Section 2 The Scope of Work is hereby amended by adding the following: Provide landscape repairs and improvements per City of Temecula Specifications for City maintained parks and medians. Section 3 Compensation for services shall be total compensation of all services described in the Amendment and shall be payable monthly not to exceed $20,000 for the remainder of the Agreement. Section 4 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Agreement on the date and year above written. CONTRACTOR CITY OF TEMECULA By: By: California Landscape, Inc. Jeffrey E. Stone, President Community Services District APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Date: June S. Greek, City Clerk R :~HARTLEYB\CONTRAC~S~,AM ND4.CAL AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES The Agreement dated May 11, 1993, between the City of Temecula, and Excel Landscape, Inc. (hereinafter referred to as "Agreement") is hereby amended as follows: RE: Landscape Maintenance Services Section 1 Term of the Agreement is extended through June 30, 1997. Section 2 The Scope of Work is hereby amended by adding the following: Provide landscape repairs and improvements per City of Temecula Specifications for City maintained parks and slopes. Section 3 Compensation for services shall be total compensation of all services described in the Amendment and shall be payable monthly not to exceed $20,000 for the remainder of the Agreement. Section 4 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Agreement on the date and year above written. CONTRACTOR CITY OF TEMECULA By: By: Excel Landscape, Inc. Jeffrey E. Stone, President Community Services District APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Date: June S. Greek, City Clerk R:\HARTLEYB\CONTRACTSkEXCEL4. AMN ITEM 4 APPROVI'~,. CITY ATTORNEY DIRECTOR OF FINA~N~,E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: March 25, 1997 SUBJECT: Proposed Landscape Maintenance Fee - Rancho Highlands PREPARED BY: ~ ~'~Beryl Yasinosky, Development Services Analyst RECOMMENDATION: That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO A PROPOSED INCREASE IN SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO. 22761 (RANCHO HIGHLANDS) FOR FISCAL YEAR 1997-98 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides landscaping and slope maintenance services to numerous residential subdivisions within the City of Temecula through Service Level "C". The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD. The TCSD currently maintains the perimeter slope areas surrounding the Rancho Highlands development. Comprised of 408 single family residential parcels, the existing TCSD rate and charge for landscape maintenance within Rancho Highlands is $46.00 per lot (Rate Level 1). However, the Rancho Highlands Community Association has submitted a written request to have the TCSD assume the maintenance of an additional 3.98 acres of perimeter slope and parkway landscaping beginning Fiscal Year 1997-98. Located on Ynez Road, the slope landscaping has been plan checked and constructed in accordance with TCSD standards. However, the TCSD maintenance superintendent has determined that the additional costs associated with the annual maintenance of this new slope would necessitate an increase in the rate and charge from $46.00 per lot (Rate Level 1) to $116.00 per lot (Rate Level 3). r:\yasinobk\9697rate.csd 032597 The TCSD is required to prepare and file a report with the Secretary/City Clerk which identifies all of the affected parcels and mail written notice to each property owner identifying the proposed rate and charge and date of the Public Hearing. In accordance with Proposition 218, the Public Hearing shall be held at least 45 days after the mailing of the notices. If the proposed rate and charge is not rejected pursuant to a majority of written protests, then the TCSD will conduct a mailed ballot election not less than 45 days after the public hearing. The proposed rate and charge cannot be imposed unless the increase has been approved by a majority vote of the property owners within the affected area. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed increased landscape maintenance fees for Rancho Highlands beginning in Fiscal Year 1997-98 and schedule a public hearing concerning this issue for May 13, 1997. Staff will then proceed with noticing each property owner within Rancho Highlands regarding the proposed rate and charge and the May 13th public hearing date. If the Board adopts the fees on May 13th, staff will then proceed with the mailed ballot election comprising of only those affected property owners. FISCAL IMPACT: The cost of mailing the public notices and ballot information is estimated at aproximately $812.00. The proposed revenue generated through Service Level "C" will provide for the long-term maintenace and repairs of all perimeter slope and landscaped areas surrounding the Rancho Highlands development. The proposed TCSD levy budget for Rancho Highlands at $116.00 (Rate Level 3) per parcel for FY 1997-98 is 947,328.00 If the proposed rate and charge for TCSD landscape maintenance services is rejected at the public hearing or pursuant to the results of the election, the Rancho Highlands Community Association would be obligated to maintain the new slope and charge the costs back to the property owners through their monthly home owner association dues. However, the TCSD would continue to provide the current level of maintenance at Rancho Highlands through Service Level "C" and the collection of 946.00 per parcel on the annual property tax bills. ATTACHMENTS: 1. Resolution of Intention r:\yasinobk\9697rate.csd 032597 RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO A PROPOSED INCREASE IN SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO. 22761 (RANCHO HIGHLANDS) FOR FISCAL YEAR 1997- 98 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District C TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Upon request of interested property owners, the TCSD has agreed to maintain perimeter slopes and parkway landscaping in numerous residential developments within the City of Temecula, including the Rancho Highlands development. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for the slope maintenance services furnished by it ("Service Level C"), and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The Rancho Highlands Community Association has requested that the TCSD initiate proceedings to maintain an additional 3.98 acres of perimeter slope and parkway landscaping during the 1997/98 fiscal year. Pursuant to this request, and pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the increased Service Level C rates and charges required for maintenance of the additional perimeter slope and parkway landscaping for each parcel for fiscal year 1997/98. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 13th day of May, 1997 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, as the time and place for the public hearing on the Report and the proposed increase in Service Level C rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this __ day of , 1997. Jeffrey E. Stone, President ATFEST: June S. Greek, Secretary r:\yasinobk\22761 .res 032597 DEPARTMENTAL REPORT APPRO~/L,,~ CItY ATTORNEY /~'///A,zU FINANCE DIRECTOF( CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager March 25, 1997 Departmental Report PREPARED BY: ~.. Gall L. Zigler, Administrative Secretary Construction of the Parkview Fire Station began on January 3, 1996. The exterior and interior improvements are complete. Public Works is working on the design for the pressure station for the domestic and fire lines. This project is scheduled to be completed in April, 1997. Sam Hicks Monument Park Improvement Project is complete and open to the public. A ribbon cutting ceremony was held on March 18, 1997. A contract was awarded to Skytec, Inc., for the construction of the City of Temecula Maintenance Yard facility. Construction began on September 3, 1996. The exterior and interior of the building is in the final stages of completion. the concrete parking lot was scheduled to be poured the week of March 17, 1997. The project is scheduled to be completed in April, 1997. The Alhambra Group has completed the construction documents for final submittal for Margarita Community Park. It is anticipated this project will go out to bid in April, 1997. The Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, and pedestrian walkways. The bid will also include additive alternates for a roller hockey rink, tennis courts, and improvements to the adjacent school district baseball fields. The 6th Street Parking and Restroom Project is currently under construction. The exterior masonry of the restroom and the block wall along Front Street are complete. Concrete curbs are poured. The boardwalk is under construction. This project will be the first built as part of the Old Town Demonstration Block. Amenities includea restroom facility, public lockers and eighty (80) parking stalls. Additionally, the Temecula Stage Stop transportation center will be located on this site. It is anticipated this project will be completed in May, 1997. A contract has been awarded to Inland Acoustics for the acoustic panels at the Community Recreation Center gymnasium. The project consists of installing acoustic panels on the walls and the ceilings of the gymnasium at the Community Recreation Center. This project is scheduled to be completed in April, 1997. R:~,L~tGENDAS\DEPT40 March 17, 1997 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD MARCH 18, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:18 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Steven J. Ford presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. It was moved by Agency Member Stone, seconded by Agency Member Lindemans to approve Consent Calendar Item No. 1 as follows: 1 Minutes 1.1 Approve the minutes of February 25, 1997. The motion was unanimously carried. EXECUTIVE DIRECTOR REPORT None given. AGENCY MEMBER'S REPORTS None given. Minutes.rda\031897 -1 - ADJOURNMENT It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall, to adjourn at 8:19 PM to a meeting on March 25, 1997, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Steven J. Ford, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rda\031897 -2- ITEM 2 APPROV~,//, '~r'~- CITY ATTORNEY #/~,,t~ DIRECTOR OF FII~A~C,E ~/ ~~ CITY MANAGER ~'~ CITY OF TEMECULA AGENCY REPORT TO: Redevelopment Agency/Executive Director FROM: Gary Thornhill, Community Development Director DATE: March 25, 1997 SUBJECT: Award a Professional Services Agreement to Webb and Associates to Prepare Construction Drawings for the Old Town Streetscape Improvement Project Prepared By: John R. Meyer, Senior Planner RECOMMENDATION: That the Agency Award a Professional Services Agreement in the Amount of $209,875 to Webb and Associates to Prepare Construction Drawings for the Old Town Streetscape Improvement Project. 2. That the Chairperson Execute the Agreement and the City Clerk to Attest. BACKGROUND Three major components of the Old Town Specific Plan's Implementation Program are the development of a Demonstration Project, Gateway Landscape Improvements and Storm Drainage Improvements. These major projects together with a few minor projects have been combined to become the Old Town Streetscape Improvement Project. The Council expanded the demonstration project to improve the length of Front Street during the adoption of the 1996-97 Capital Improvement Program. In December of 1996, staff issued a Request for Qualifications to consulting firms to prepare the construction drawings. In response to the City's request, seven firms submitted proposals. Principal Engineers Don Spagnolo and Ron Parks, and Senior Planner John Meyer reviewed all seven proposals and ranked the firms based upon their expertise and ability to prepare the drawings. The top three firms where then interviewed by a selection panel made up of Councilmember Ford, Commissioner Miller, Local Review Boardmember Markham, Public Works Director Kicak, and Community Development Director Thornhill. The interview panel rated Webb and Associates as the preferred firm. Staff then met with Webb and Associates to discuss, negotiate and finalize the proposed scope of work and costs of the project (see Attachment "A"). FISCAL IMPACT The Demonstration Project, Gateway Landscaping and Storm Drainage Improvements are each included in the 1996-97 Capitol Improvement Program. A total of $2,998,500 has been R:\STAFFRPT\STSCAPE.PSA 3/17/97 jrm 1 included for the design, administration and construction of the three projects. The $209,875 for the construction drawings will be pro-rated against the three CIP Accounts as follows: Account 280-199-809-5804, Demonstration Project: Account 280-199-818-5802, Gateway Landscaping: Account 280-199-819-5802, Storm Drain: $174,492 (83%) $ 6,000 (3%) $ 29,383 (14%) Attachments: 1. Scope of Work 2. Cost Proposal R: \STAFFRPT\STSCAPE. PSA 3/18/97 jrm 2 ATTACHMENT I Scope of Work R: \STAFFRPT\STSCAPE.PSA 3/17/97 jrm 3 PROJECT DESCRIPTION This project consists of three separate construction projects--the Old Town Demonstration Block, the Old Town Gateway Landscaping, and Storm Drain Improvements. Although all three are separate projects, they are all interrelated to the extent that is critical that they be approached in a comprehensive manner. Each project would run concurrently from the design through the bidding phase. Each project would be able to stand alone as a separate package, but the economies of bidding and construction will allow a savings to be realized if it becomes one. For the Demonstration Block project, the objective is to work closely with business and property owners to implement the Old Town Design Standards as previously developed, in the adjacent public right-of-way. Of critical importance is the grade differential and interface between proposed and existing improvements. As we know from the 6th Street Parking project, these grade differences and the need for handicap accessibility requires careful consideration and creative solutions such as low, native stone retaining walls or granite curbs to take-up the grade. For the Gateway project, the design of the landscape is important to the stage for the "Old Town" experience. This first image is critical in beginning to convey the desired feeling of Old Town Temecula. It must relate and compliment the themes already established by the 6th Street Parking Project. Drought tolerance and ease of maintenance must be considered and discussed with the Temecula Community Services District. The design must also work to enhance the amenity of Murrieta Creek. Through further discussions with Riverside County Flood Control District, their long term plan for the Creek can be ascertained and accommodated. The potential for a trail along the Creek that could accommodate horses can be explored, as well as a staging area at the entrance to "Old Town" for hikers, bikers and equestrian groups. For the Storm Drain project, determining and quantifying the flooding impacts to Old Town Temecula and implementing an effective mitigation plan is the primary objective. Of critical importance will be the flooding impacts from 3rd Street, 6th Street. and Murrieta Creek. As we know from recent flooding events, Old Town Temecula is subject to significant flooding impacts during heavy storm events and the need for effective handling of run off will be required to address negative impacts to the existing businesses and the environment. In addition to considering the surrounding influences in the storm drain design, creative solutions for the facility designs, such as catch basins, will be established that can be incorporated into the Old Town Design Standards. SCOPE OF WORK ANALYSIS & PROGRAM PHASE · The design team will attend a project start up meeting with the City of Temecula to re-introduce the consultant team, discuss the project, and review project requirements. The purpose to this meeting be to identify additional goals and objectives for the project, to brainstorm issues that will be addressed by the project, to review the project schedule, to formulate the project review process, and to review existing data needs and requirements. · The role of the Old Town Temecula Specific Plan and the Old Town Standard Parkway Details in regards to site planning and design issues, adjacent property owners, landscape and plant materials, and project topography, survey and utility -1- 97-9003/Tcmecula.doc information will be reviewed in the context of the goals and objectives of the projects, as well as existing and future development. The project schedule will be discussed and the City of Temecula's preliminary construction budget will be reviewed and a cost model established. Specific dates for future meetings and presentations will be established. Based on the information gained from the project start up meeting, develop project a production schedule. This schedule will be maintained through out the life of the projects to reflect any changes. Perform on-site reconnaissance with City representatives to evaluate and record existing site conditions and character. Significant site features will be inventoried, as well as all influential off-site conditions. Full photo documentation will be performed for utilization during the Design Development Phase. Review existing data including regulations, requirements, programs, and previous planning studies for the project area. This information will be reviewed and analyzed, as well as on-going projects such as the First Street Improvement Project, the Western Bypass Corridor, and the Old Town Temecula Entertainment Project. The Old Town Temecula Specific Plan, City of Temecula Draft Development Code and The Old Town Standard Parkway Details, Circulation Element of the General Plan and any program information for the project will be reviewed and evaluated. Research existing drainage studies for the areas tributary to the project. Establish drainage impact zones from flooding of the Murrieta Creek and drainage from the 1- 215. Establish the environmental impact zones associated with the construction of the storm drainage facilities. Outline environmental permit requirements for encroachments into the Mumeta Creek. Investigation with the Riverside County Flood Control District on the disposition of the long range plan for Murrieta Creek should take place. Review Utility System and Survey Data system in the area and the capabilities of each with relationships to the site for the existing and future uses. Review City provided topographical and survey data to determine its completeness and identify additional needs and information. Prepare site potential and constraints analysis. This inventory analysis will graphically document existing on-site and off-site conditions. This will become the basis for the development to the potentials and constraints analysis. The potential and constraints analysis will be prepared documenting physical, judicial and environmental issues. Technical considerations such as drainage, access potential, utility easements, adjacent land uses, and physical considerations such as climate. views, noise, and light will be diagrammed. Prepare Analysis of the "Concept Plan" based upon the information generated in above which will illustrate pedestrian circulation, plant materials, parking layout, lighting, site utilities, street improvement plans, site furnishings, public signage, including the Gateway Entry signage/major intersection paving and overall landscape character in plan view, section, and elevation. This character will relate to existing building and uses, as well as future and on-going projects and the historic quality of Old Town Temecula. The final product will be rendered and suitable for presentation. Prepare preliminary statement of probable construction cost based on unit area for identified features. Known cost data from the 6th Street Parking project will be heavily relied upon to give realistic numbers early on in the project to keep tight control of budget dollars. 97-9003/Te~necula.doc -2- Conduct biweekly meetings with key City of Temecula staff members, as appropriate, throughout the duration of this phase. The purpose of these meetings will be to review issues, concerns, and needs for the project. Conduct project presentations of the "Concept Plan" and support information to the Old Town Local Review Board, Planning Commission, and City Council Old Town Community Liaison · Attend and participate in project start up meeting with City of Temecula and project team to review project scope and community information input/output process and goals. · Attend and participate in project information input/output meeting with Old Town Review Board. · Attend and participate in pre-design community input workshop with business/property owners and concerned citizens. Project scope, objectives, and schedule will be discussed. · Review project schedule to focus on critical community input/output and information milestones. · Staff "Store Front" Old Town (location to be provided by City) desk one morning a week to gather community input and be available to answer questions and promote project benefits. · Available on call for attendance at service clubs, community groups and special interest groups meetings and presentations with City staff. · Attend biweekly project meetings with key City of Temecula personnel, as appropriate, throughout the duration of this phase to review community issues. DESIGN DEVELOPMENT PHASE Based on the results of the meetings, reviews, site visits, etc. conducted in the Analysis and Programming Phase, each design discipline will provide the following: Street · Improvements Prepare a site reconnaissance survey to supplement the City provided topography. Prepare a base map incorporating the City provided topography, additional site survey data, utility locations, and structure identification. These base maps will be used by all subconsultants for preparing the design development and construction documents. Prepare preliminary street improvement plans including site demolition, utility relocation information, and merchant access details. The geotechnical information will be incorporated to establish the appropriate limits of asphalt removals and structural overlay. Street improvement plans will include approximately 4 sheets of 1" = 40' scale plan and profile drawings. Prepare preliminary traffic control plans and construction sequencing plans based upon the field investigation of traffic circulation and discussion with the Old Town merchants. These plans will be used to help reduce traffic congestion impacts while allowing traffic circulation for the Old Town merchants. Storm Drain Prepare a detailed hydrology study for these areas impacting the Old Town project area. Included within this study will be the drainage impacts from 1-215 and -3- 97-9003/Temecula.doc Murrieta Creek. Since there is a question of floodplain impacts downstream of Main Street, these impacts will be addressed at this time and a detailed floodplain impact map developed. Prepare preliminary storm drain improvement plans for 3rd and 6th Streets that drain into Murrieta Creek. Hydraulic analysis will be developed for both regional and local flooding considerations. Based on the impacts from the regional flooding, additional facilities will be identified for inclusion into the construction documents. Using the preliminary storm drain plans, the environmental permit application packages will be prepared and submitted for approval. Since the environmental process could be quite lengthy, these permits should be started at this time. Landscape · Prepare preliminary plans (@ 1" = 20" minimum scale) that will include the recommendation for placement of all Old Town Standard site furnishings including benches, trash receptacles, newspaper racks, telephone booths, and bus shelters. The configuration of the boardwalk will be identified. Paving materials will be identified including the type of material finish and scoring patterus. Pedestrian level and street light locations will be identified. The type and placement of all landscape materials, accent trees, tree massing and shrub and groundcover placement will be shown as will and inert material such as decomposed granite. Enlarged plans of critical elements such as major paving/historic depiction logo will be enlarged for clarity. Prepare outline details for items not covered by the Old Town Standard Parkway Details already prepared. This would include sections of handicap ramps to fully describe the relationships between proposed and existing site conditions and access to existing building and businesses. Electrical · Revise preliminary load calculations and one line diagrams. · Contact local utility companies to coordinate incoming electrical services. Meet with the respective utility companies at the site to determine preliminary underground requirements and utility equipment requirements. Coordinate incoming utility requirements with civil engineer. Incorporate any criteria established by Southern California Edison's construction documents that must be reflected on the street lighting plans to accommodate the undergrounding of existing overhead electrical utilities. Construction documents for installing existing overhead lines underground are not included. · Further develop lighting consulting to finalize fixture selections and installation details. Calculate illuminance levels in streets and walkways to assure compliance with City requirements and/or recommended Illuminating Engineering Society (IES) recommended values. Perform necessary mock-ups of recommended configurations and fixture types. Obtain City's approval of fixtures types and installation details for incorporation into final drawings. · Provide written list of information required of City and Design Team. · Prepare preliminary electrical plans including site utility and lighting plans, sound system plans, symbols, notes and legend, one line diagrams, panel schedules, and standard details. · Prepare preliminary electrical construction specifications, 97-9003/Tcmecula.doc -4- Provide catalog cut sheets of selected lighting fixtures. · Establish approximate sizes and capacities of electrical equipment. Provide space requirements for electrical equipment. Lighting · Prepare photographs of preliminary street lighting specifications with use of digital photography/c amera. · From review of governmental ordinances and regulations, minimum recommendations of the Illuminating Engineering Society (IES) and input received from City officials, determine lighting illuminance (footcandle) levels. · Perform preliminary/concept computerized point-by-point lighting illuminance (footcandle) calculations for each viable fixture alternative. · Develop concept lighting plans and layouts for both street and landscape lighting. · Attend meeting with City and formally submit: ° Concept lighting plans for each viable fixture alternate; o Definition of lamp sources, footcandle levels and controls; o Catalog literature for all chosen lighting fixtures, control components, etc. · Coordinate acquisition/shipment of viable lighting fixtures, lamp sources, etc. for mock-up installation. · Perform night time lighting system mock-up installation at Old Town Temecula, in presence of City officials. · Finalize lighting illuminance (footcandle) level selection from input received during mock-up installation. · Finalize computerized point-by-point lighting illuminance calculations for chosen fixture options, determined from lighting mock-up and program phase. · Coordinate possible inclusion of sound system speakers on lighting poles with AV Consultant. · Prepare complete design development drawing submittal including locations and specifications for all lighting fixtures and control components. · Prepare statement of estimated energy expenses. Sound · Review ambient noise levels due to traffic and other noise sources. This information may be provided by the City or gathered by MSAI or another nationally recognized consultant. Determine the sound levels required for the sound system such that the sound generated by the system will deliver a "high level of performance" as required by the City. Working with the Design Team, discuss and develop mounting details, spacing criteria and locations of system speakers and components. Provide comments as to the adequacy and acceptability of these details, the required sound levels with respect to the ambient sound levels found to exist and any local noise ordinance. Review site plans with respect to location of lighting standards, building locations and distances between lighting standards and buildings. 97-9003/Temecula.doc -5- Advise City as to quality of sound levels which can be achieved for different systems and their corresponding costs. Obtain City's approval of type of sound system to be installed. Based upon the results and decisions made above, provide options for the mounting of (small) loudspeakers in the light standard pole or the base. Note that it may not be possible to mount loudspeakers in the lighting standard. Based upon the City's selected light pole standard and it's ability to accommodate a suitable loudspeaker enclosure, provide options for location and orientation of loudspeakers in these enclosures on the poles. Analyze the sound levels and pattern that may be produced by each option. Attend simulation testing session (one visit) to observe performance of prototype(s). Based upon design decision by the City, develop detailed drawings for prototype mock-up's for loudspeaker mounting in the lighting standard. Develop cabling requirements. Develop simple block diagram that shows connection of loudspeakers and provision for connection to City program source equipment. Geotechnical · Determine the condition of the existing street both visually and physically. Since we expect that areas of the street may be useable in a new structural section, we have also assumed that we will place approximately four cores within those areas to determine the thickness of the existing asphalt concrete and aggregate base, if present. The coring operation will be performed in strategic locations. The coring will be performed utilizing an 8-inch diameter coring bit. The thickness of the asphalt will be measured, and the depth of any base material present will also be noted. The core holes will then be patched with temporary pavement material. In order to determine the proper structural section for the street improvements, we will obtain samples of the expected subgrade material. These samples will also be obtained from holes cored in the existing asphalt. Approximately eight samples will be utilized. The samples would be subjected to sieve analysis and sand equivalent testing to determine their general characteristics. Then, the samples considered most representative will be subject to R-value testing to determine the actual thickness design of both asphalt concrete and base material, if necessary. Place approximately five borings along the storm drain alignment. Samples will be taken to a depth of approximately 5 feet below the proposed bottom of the boring elevation. In order to determine the quality of the materials encountered for use as bedding and backfill material, representative samples will also be subjected to sieve analysis and sand equivalent testing. Because slope stability considerations will be of importance, direct shear testing will also be performed so that calculations can be made for trench wall stability, if required. Pavement core samples will be analyzed to determine if materials are salvageable. Based upon traffic information, a proper structural section design thickness, including asphalt concrete and base if necessary, will be formulated. In areas where the existing material can be utilized within the proposed structural section, the useful lite of the pavement, as encountered, will also be estimated. After that information has been reviewed, structural section requirements will be given. These will include requirements for an entirely new structural section, as well as an overlay section in areas where existing asphalt concrete can be salvaged. -6- 97-9003/Tem¢cula.doc Information will also be given with respect to the possible use of reinforcing fabric to modify any existing pavement, again in areas where the pavement is considered salvageable. With respect to the storm drain, information will be provided on the actual materials encountered. This will be useful to the contractor in bidding the project so that they might know what materials they will be encountering. Additionally, information on things like groundwater and refusal will be noted in the boring logs. The laboratory testing performed will indicate the usefulness of the material as backfill or bedding material for the storm drain construction. Again, this will be useful to the contractor in formulating their bid and in reducing costs of the actual construction. Information will be supplied concerning trench wall stability and general requirements for the placement and compaction of backfill material within the storm drain area. This approach will allow the City of Temecula to obtain information useful for the design of the street improvements and storm drain improvements, and will also provide the contractors bidding the project with information which will allow them to be more knowledgeable about subsurface conditions so they can more accurately refine their bid to minimize costs. Since the majority of the work will be performed within the traveled way, we have also included costs for expenses that include traffic control, signs, and flaggets as necessary. In areas where subsurface borings will be drilled, the borings will be marked and Underground Service Alert will be notified within the required time limit so that existing utilities can be located. In addition, we will review any information supplied to us with respect to existing utilities so that those utilities can be avoided. Old Town Community Liaison · Attend and participate in Design Development community input workshop with business/property owners and concerned citizens. Design Development Phase scope, objectives and schedule will be discussed. · Staff "Store Front" Old Town desk one morning a week to gather community input and be available to answer questions and promote project benefits. · Available on-call for attendance at service clubs, community groups and special interest groups meetings and presentations with City staff. · Attend biweekly project meetings with key City of Temecula personnel, as appropriate, throughout the duration of this phase to review community. Prepare Statement of Probable Construction Cost after discussions with the City of Temecula to assure that the cost accounting format established during the Analysis and Programming Phase will remain viable throughout the balance of the project. Known construction costs from the 6th Street Parking Project and unit cost figures will be developed based upon similar improvements within the region. Accounts. by design discipline, will be established and utilized for each project phase. Continuous attention will be given to assure that original budget requirements are maintained, as was accomplished in the 6th Street Parking Project. Attend City of Temecula staff meetings with key City of Temecula Staff and team members, on a biweekly basis, throughout the duration of this phase. The purpose of these meetings will be to review scheduling, progress, issues, concerns and needs of the projects. 97-9003/Temecula.doc -7- CONSTRUCTION DOCUMENT PHASE Meet with the City of Temecula to discuss City directed revisions of previous submittal and revise appropriate items within construction documents accordingly. Continue to attend biweekly meetings with City of Temecula staff throughout the duration of this phase. The purpose of these meetings will be to review scheduling, progress, issues, concerns and needs of the projects. There will be a 65% submittal of all construction drawings, as well as a 90% submittal. Streets · Prepare street improvement plans at a scale of 1"=20' to City of Temecula standards. Street plans shall include limits of pavement removal and structural overlay as determined by the geotechnical report. Prepare signing and striping plans at 1"=40' to City of Temecula standards incorporating the Old Town Temecula Design Guidelines. Prepare traffic control plan which depict the required sequencing of the construction and provisions for the maintenance of traffic during construction. Access to all adjacent property shall be provided during the construction. Traffic control plans shall include signs, cones, striping, barricades, flaggets, and all other traffic control devises required, to assure minimum disruption to traffic and to provide for maximum safety during construction. Coordinate all utility relocations with effected agencies. Prepare specifications and contract documents. Storm · Drain Prepare final storm drain plans including catch basin, structures, and hydraulic calculations. Prepare storm drain detail sheet. Finalize any details that are to be included in the Old Town Temecula Design Guidelines. Prepare NPDES permit application with the State of California Regional Water Quality Control Board. Prepare Storm Water Pollution Prevention Plan. Obtain final environmental permits. Prepare specifications and contract documents. Landscape · Prepare material specifications for all design elements approved by the City. These specifications will include type, size, color and finish of all paving materials, site furnishing and signage. · Prepare Construction Documents, Details and Specifications for all elements approved by the City. These specifications will be prepared for all project elements including planting, irrigation systems, site furnishings, pavement. Electrical Electrical plans shall include street, pedestrian and landscape lighting, a sound system, service to telephone booths, lighting for kiosks/newspaper/directory racks & entry/directional signs (as required) and miscellaneous power for seasonal decorative lighting/special event vendor power, irrigation controllers, etc. 97-9003/Tcmecula.doc -8- Prepare electrical calculations, including: · Computerized footcandle analysis/calculations for pedestrian walkways and street lighting, as required. · Feeder and branch circuit conductor sizes. · Voltage drop. Prepare drawings for street, pedestrian and landscape lighting systems. Electrical drawings shall include plans, sections and details necessary for obtaining a building permit in accordance with the local jurisdiction, including, but not limited to: · Site plan drawings indicating routing of underground raceways. Drawings shall indicate main incoming service from points of connection established with the Southern California Edison Company to service entrance equipment (meter pedestals) for branch circuiting distribution to all site lighting and miscellaneous power loads. · Prepare lighting fixture schedule which will include pertinent data and catalog numbers for all fixtures selected by OMB Electrical Engineers and/or the Landscape Architect. · Street, pedestrian and landscape lighting plans for all streets, walkways and landscaped areas. · Single point power connections to irrigation controllers, monuments, and outdoor convenience outlets, as required. · One line diagrams. · Load calculations. · Schedules, details, diagrams, equipment elevations and legends. Coordinate Department of Building and Safety rules and regulations. Prepare electrical specifications. Lighting · Edit computerized point-by-point lighting illuminance calculations as required due to miscellaneous fixture relocations, etc., as required from design development review. · Prepare final lighting system construction documents including plans, specifications and mounting details for all applicable fixture installations. · Submit final lighting plans to City for final review and to project electrical engineer for preparation of final electrical construction documents including branch circuiting, control and service entrance/metering system design. Sound · Prepare final sound system construction documents including plans, specifications and mounting details for all applicable fixture installations. Old Town Community Liaison · Staff "Store Front" Old Town desk one morning a week to gather community input and be available to answer questions and promote project benefits. · Attend and participate in pre-design community input work shop with business/property owners and concerned citizens. Design Development Phase scope, objectives and schedule will be discussed. · Available on-call for attendance at service clubs, community groups and special interest groups meetings and presentations with City staff. 97-9003/Te~necula.doc -9- Attend biweekly project meetings with key City of Temecula personnel, as appropriate, throughout the duration of this phase to review community. Project specifications and contract documents will be prepared and assembled for a complete "turn-key" package and provided to City of Temecula's incorporated with the Standard Boilerplate specifications. A final statement of probable construction costs will be prepared, and all documents will be submitted for review by the City and subsequent submittal to governmental agencies for plan check. Plan check corrections (as required) will be incorporated for issuance of permit and City's coordination corrections into documents. BIDDING & NEGOTIATIONS PHASE · The bid documents will given a final review for consistency with the approved plans and specifications and a written memorandum prepared including recommended modifications if any. · Identified team members will attend the pre-bid meeting as scheduled by the City of Temecula. · The project team will be available to interpret construction documents during bidding phase and assist the City in preparation of addenda responding to interpretations. · The project team will assist the City of Temecula in analyzing bids to determine the lowest responsible bidder. CONSTRUCTION PHASE We understand that the City of Temecula will administrate the construction contract and construction manage the project. The project team will provide the following: Attend pre-construction meeting to assist the City of Temecula and answer questions. · Review shop drawings and submittals as required by construction documents. · Interpret construction documents for proper execution of work during construction. Normal coordination and communication to accomplish work. Lighting · Attend pre-final nighttime aim and adjust field visit after completion of all fixture installations and power connections. 97-9003/Temecula.doc -10- ATTACHMENT 2 Cost Proposal R: \STAFFRPT\STSCAPE .PSA 3/17/97 jrm 4 COST PROPOSAL The following costs are broken down into appropriate milestone totals for each phase of the project. Analysis & Program Phase. ...........................................................$ Design Development Phase ..........................................................$ Construction Document Phase ......................................................$ Bidding & Negotiations Phase .......................................................$ Construction Phase .........................................................................$ Total ..............................................................................................$ 36,500 48,175 107,100 8,880 9.220 209,875 Total fees for services detailed in our scope of work shall not exceed $209,875. These costs include all reimbursable expenses and are based on the man-hour projections provided in this proposal. It is understood that the City will pay any fees required by other public agencies for their application processing, project review, plan check, and permit issuance. ITEM 3 APPROVAL CITY ATTORNEY FINANCE DIREC,TOB~ CITY MANAGE R~ ,~_~?~. TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Redevelopment Agency Members Ronald E. Bradley, Executive Director March 25, 1997 First Time Home Buyer Program BY: John Meyer, Senior Planner and Don Hillberg, Management Assistant RECOMMENDATION: That the City Council authorize $100,000 from the RDA Housing set-aside to continue funding the First Time Home Buyer Program through the end of the fiscal year. DISCUSSION: As part of the implementation of the General Plan and Redevelopment Plan, staff has developed the First Time Home Buyer Program (FTHP). In June 1996, the City Council funded the program with $250,000 with the anticipation of assisting 10 eligible households. To date we have helped 10 families purchase their first home for a total assistance of $176,084 ($73,916 remaining). The loan amounts range from $12,844 to $20,400, with the average loan amount being $17,608.00. With the response we have received, it is anticipated that the program will be out of funds prior to the next fiscal year funding. The proposed authorization should assist five additional families. Based on the participation in the program, this $100,000 should fund the program through the end of the fiscal year. Although the program can assist persons earning up to 120% of median income, none of the applicants income's have exceeded 100% of the median income and half have been below 80% of median income. Family size has ranged from a family of two to a family of seven. Ninety percent of the home purchases have been within the Temecula ONE's assigned communities. FISCAL IMPACT: It is necessary to appropriate a $100,000 from the Low-Mod Fund balance to account 165-199- 999-5449. R:\SYERSK\STAFFREP\FTHBUPDT.CC 3/17/97 dmh OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHO~TY ITEM 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD MARCH 18, 1997 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:19 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Karel F. Lindemans presiding. PRESENT: 5 ABSENT: 0 BOARD MEMBERS: Birdsall, Ford, Roberts, Stone, Linderoans BOARD MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTS None given. FINANCING AUTHORITY BUSINESS 1 Minutes It was moved by Board Member Stone, seconded by Board Member Birdsall, to approve Consent Calendar Item No. 1 as follows: 1.1 Approve the minutes of the meeting of February 25, 1997. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Birdsall, seconded by Board Member Ford to adjourn at 8:19 PM to a meeting on April 9, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: Karel F. Lindemans, Chairperson June S. Greek, CMC, City Clerk/Authority Secretary Minutes.fa\031897 - 1 - OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY ITEM 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY HELD MARCH 18, 1997 A regular meeting of the Old Town Westside Improvement Authority was called to order at 8:20 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Karel F. Lindemans presiding. PRESENT: 5 BOARD MEMBERS: Ford, Roberts, Stone, Lindemans, Birdsall ABSENT: 0 BOARD MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Board Member Stone, seconded by Board Member Birdsall to approve Consent Calendar Item No. 1. 1 Minutes 1.1 Approve the minutes of February 25, 1997. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Birdsall to adjourn at 8:20 PM. The motion was unanimously carried. ATTEST: June S. Greek, CMC, City Clerk/ Authority Secretary Karel F. Lindemans, Chairperson Minutes.ia\031897 -1 - i~i'EM 11 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager March 25, 1997 First Street Realignment and Extension Project Prepared by: Peter Thorson, City Attorney RECOMMENDATION: The Staff recommends the City Council: Open and conduct a hearing on the adoption of a proposed Resolution of Necessity, receive from the staff the evidence stated and referred to herein, take testimony from the property owners or their representatives if they ask to be heard on issues A, B, C, and D as set forth below, and consider all the evidence. If the City Council finds, based on its consideration of the evidence contained and referred to in this staff report, the testimony and comments received during the public review and planning process, all other testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to the proposed Resolution of Necessity, in the exercise of its discretion, adopt the following Resolution of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject property: RESOLUTION NO. 97- ~A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (FIRST STREET REALIGNMENT AND EXTENSION PROJECT (GABRIEL 922-010-017)" Note: This requires an affirmative FOUR-FIFTHS (4/5) vote of the City Council; and r: \bradley\agenda\firstst.rpt 1 3. Direct the City Attorney to file the action expeditiously; and If the Resolution is approved, approve a warrant payable to Arthur Sims, Executive Officer, Superior Court of the State of California for the County of Riverside, for the deposit required to be made with the Court to obtain an Order of Possession in the amount of Five Thousand Four Hundred Seventy-three Dollars ($5,473) on behalf of Richard G. And Marilyn F. Gabriel. 5. Authorize the City Manager to execute all necessary documents. 6. Appropriate $5,473 from the General Fund to the Capital Improvement Fund. BACKGROUND: The City Council has before it a request from staff to consider the adoption of a Resolution of Necessity regarding property interests required for the realignment and extension of First Street ("subject property"). The subject property is more specifically described on Exhibit A, attached hereto and incorporated by this reference. With respect to CEQA compliance, Planning Application No. PA95-0031 (Environmental Impact Report) was prepared for the Old Town Entertainment Project and was certified by the City of Temecula City Council on June 13, 1995. The realignment and extension of 1st Street was considered as a part of this document. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time that the EIR was certified and complete becomes available The environmental document was reviewed by the City on March 26, 1996. It was determined that none of these situations existed and therefore, no further environmental analysis is required. Staff again completed this analysis March 10, 1997 and found that none of these situations have occurred. Therefore, no further environmental analysis is required. Staff has considered the possibility that interests in the subject property may have previously been appropriated to a public use and determined that if any interest in the property has previously been appropriated to another public use, that the use of the subject property for the First Street extension and realignment project is a more necessary public use. To adopt a Resolution of Necessity, the City must find and determine the following four (4) elements with respect to the subject property interests: A. The public interest and necessity require the project; The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; r:\bradley~ageada\fLratat. q~t 2 C. The property is necessary for the proposed project; and The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. These hearings relate only to the four (4) matters set forth above as they apply to the subject property. Any other issues, including value, are not proper subjects for these hearings. A. The Public Interest and Necessity Require the Project. The project area is a two block section of a two lane road that runs across Front Street between the 1-15 Freeway and Murrieta Creek. It crosses Front Street at the Santiago/Front Street Intersection. On the west side of Murrieta Creek, there is a short section that runs from Murrieta Creek to Pujol Street. The realignment and re-construction of the intersection is included in the Circulation Element of the City of Temecula's General Plan (adopted November 1993) and the Old Town Specific Plan (adopted February 1994). In compliance with the Circulation Element of the City of Temecula's General Plan, First Street is required to be extended from its current terminus west of the intersection of Front Street and First Street/Santiago Road westerly over Murrieta Creek via a bridge to the terminus of First Street west of the creek and onto Pujol Street and then onto the Western Bypass Corridor. The project is necessary in order to eliminate the unsafe configuration of the existing intersection and increase motoring safety through the installation of a traffic signal at Santiago and Front. The project will increase public safety by enhancing access for emergency vehicles and the general public to the Pujol neighborhood by providing a second access over Murrieta Creek. The First Street extension and realignment project will provide for a connection to the proposed Western Bypass Corridor. Cumulatively, these improvements will serve to significantly reduce congestion at key intersections in the area. The Project is Planned and Located in the Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury. By means of traffic modeling, the Circulation Element of the City of Temecula's General Plan indicated that an east/west connection is necessary for vehicular movements in the southern region of the City. The most feasible location was determined to be the extension of First Street from the intersection of Front Street and Santiago Road/First Street over Murrieta Creek via a bridge to the westside foothills and Western Bypass Corridor. The First Street extension will achieve the goals set forth for improving traffic circulation within the area and reducing traffic congestion in the City, in the most cost- effective manner and with the necessity of acquiring as few private property interests as possible. C. The Subject Property is Necessary for the Project. The subject property is necessary for the extension and realignment of First Street as r: \bradley~geada\firmt. rpt 3 proposed for the project and will be used for the construction of the improvements. The subject property is an important and integral portion of the road construction project as planned and is thus necessary for the overall project. The Offer Required by Government Code Section 7267.2 Has Been Made to the Owners of Record. The offer to purchase the subject property required by Government Code Section 7267.2 has been sent by the City to the Owners of record of the subject property. The offer letter is on file in the City (~lerk's Office and is incorporated herein by reference. The offer has not resulted in a negotiated agreement of sale. FISCAL IMPACT Adequate funds are available in the General Fund for the acquisition of the real property, drainage easement, and temporary construction easement required to construct the proposed bridge overcrossing. The recommended Council action will appropriate $5,473.00 from the General Fund to the Capital Improvement Fund. Attachments: Resolution 97- Exhibits A-F Legal Description for Gabriel (922-010-017) (GABRIEL 922-010-017) RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (FIRST STREET EXTENSION AND REALIGNMENT) (GABRIEL 922-010-017) THAT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a general law city in the County of Riverside, State of California. Section 2. The property hereinafter described is to be taken for a public use, namely for public street purposes and all purposes necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by Government Code Sections 37350.5, 37351, 40401, and 40404 and Code of Civil Procedure Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and other provisions of law. Section 3.1. The property sought to be taken in fee is located in the City of Temecula, County of Riverside, State of California, and is more particularly described as follows: Parcel A In the State of California, County of Riverside, City of Temecula, being that portion of parcel 4, as shown on parcel map 7674 filed in book 86, pages 50 and 51 of parcel maps, records of said County, described as follows: Beginning at the most westerly comer of parcel 4, as shown on said parcel map 7674; Thence along the northwesterly lines of said parcel 4, north 44°30'26" east 32.71 feet to the beginning of a curve concave southerly and having a radius of 100.00 feet.; Thence easterly along said curve 28.38 feet through a central angle of 16° 15'37"; Thence north 60°46'03" east 7.33 feet to a line parallel with and distant 36.05 feet, measured at right angles, southeasterly of the centerline of First Street, (60 feet wide), as shown on said parcel map 7674; Thence leaving said northwesterly lines, and along said parallel line south 44o30'26" west 70.43 feet to the westerly line of said parcel 4, being a non-tangent curve concave southwesterly and having a radius of 1717.02 feet; a radial line to said point bears north 68°34'11" east; Thence northerly along said non-tangent curve 6.63 feet through a central angle of 0 o 13' 16" to the point of beginning. r: \bradlcy~a~nda\firstat.~pt 5 Parcel B In the State of California, County of Riverside, City of Temecula, the northwest 36.05 feet of the northeast 55.60 feet of parcel 4, as shown on parcel map 7674 filed in book 86, pages 50 and 51 of parcel maps, records of said County, described as follows: Beginning at the most northerly comer of Lot A, as shown on said parcel map 7674, said point being on the centerline of First Street, as shown on said parcel map 7674; Thence along said centerline, being also the northwest line of said parcel 4, north 44°30'26" east 39.15 feet to the most northerly comer of said parcel 4; Thence along the northeasterly line thereof south 47° 13'54" east 36.07 feet to a line parallel with and distant 36.05 feet, measured at right angles, southeasterly from said centerline of First Street; Thence along said parallel line, south 44 °30'26 west 55.60 feet to the northeasterly line of said Lot A, said point also being the beginning of a non-tangent curve concave southwesterly and having a radius of 50.00 feet, a radial line to said point bears south 89°21'02" east; Thence along said northeasterly line, and northerly along said non-tangent curve 40.27 feet through a central angle of 46°08'32" to the point of beginning. Basis of bearings: field survey based on First Street west of Front Street bearing north 44°30'26" east per PM 7674 (86/50-51). Section 3.2. The property sought to be taken for a drainage easement is located in the City of Temecula, County of Riverside, State of California, and is more particularly described as follows: Parcel C In the State of California, County of Riverside, City of Temecula, being that portion of parcel 4, as shown on parcel map 7674 filed in book 86, pages 50 and 51 of parcel maps, records of said County, described as follows: Commencing at the most westerly comer of parcel 4, as shown on said parcel map 7674; Thence along the northwesterly lines of said parcel 4, north 44°30'26" east 32.71 feet to the beginning of a curve concave southerly and having a radius of 100.00 feet; Thence easterly along said curve 28.38 feet through a central angle of 16° 15'37"; Thence north 60o46'03" east 7.33 feet to the true point of beginning, a point on a line parallel with and distant 36.05 feet, measured at right angles, southeasterly of the centerline of First Street, (60 feet wide), as shown on said parcel map 7674; Thence continuing along said northwesterly line north 60o46'03" east 42.67; Thence leaving said northwesterly line, south 73 °40'38" east 11.20 feet; r:\bradley~agenda~rstst.rpt 6 Thence north 86°24'15" east 64.82 feet; Thence north 56°24'15" east 11.86 feet; Thence south 33 °35'45" east 36.48 feet; Thence south 53 °56'00" west 39.19 feet; Thence north 36°04'00" west 19.80 feet; Thence south 86°24'15" west 85.27 feet; Thence south 74 o 22'23" west 40.87 feet to said parallel line; Thence along said parallel line, north 44o30'26" east 35.75 feet, to the true point of beginning. Containing 4,487 square feet, more or less. Basis of bearings: field survey based on First Street west of Front Street bearing north 44°30'26" east per PM 7674 (86/50-51). Section 3.3. The property sought to be taken for a temporary construction easement is located in the City of Temecula, County of Riverside, State of California, and is more particularly described as follows: Parcel D In the State of California, County of Riverside, City of Temecula, that portion of parcel 4, as shown on parcel map 7674 filed in book 86, pages 50 and 51 of parcel maps, records of said County, lying northwesterly of a line parallel with and 76.05 feet southeasterly, measured at a right angle, of the centerline of first street, 60 feet wide, as shown on said map. Section 4. The City Council of the City of Temecula hereby finds and determines, that: (a) The acquisition of the above-described property is required for the First Street Extension and Realignment Project ("project"); (b) The project includes the acquisition of the above-described property for the purposes of the California Environmental Quality Act ("CEQA") and the National Environmental Protection Act ('~,rEPA"). The project is included within an environmental impact report which was certified by the City of Temecula City Council on June 13, 1995. The environmental document was reviewed by the City on March 26, 1996 and again on March 10, 1997 and it was found that no changes in the project or new information had occurred since the certification of the Environmental Impact Report which would require further environmental analysis. Section 5. The City Council of the City of Temecula hereby finds and determines, that: (a) The public interest and necessity require the proposed project; r: \brsdl~y~ag~nd~\firstst Jpt 7 (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The property hereinabove described is necessary for the proposed project; (d) If any interests in the subject property have already been appropriated to a public use, the project is a more necessary public use than any use to which such property has already been appropriated; and (e) The offer required by Section 7267.2 of the Government Code has been made to the owners of record. Section 6. The City of Temecula hereby authorizes and directs the law firm of Richards, Watson & Gershon, as City Attorney, to take all steps necessary to commence legal proceedings, in a court of competent jurisdiction to acquire the property interest hereinabove described by eminent domain. Section 7. The City Clerk shall certify the adoption of this Resolution. Section 8. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held gn the 25th day of March, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk r: \bradley~gmdaW~tst. tpt 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 25th day of March, 1997, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, City Clerk PARCEL A EXHIBIT A Gabriel PropeK(y October 5, 1996 Page 1 of 2 IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, BEING THAT PORTION OF PARCEL 4, AS SHOWN ON PARCEL MAP 7674 FILED IN BOOK 86, PAGES 50 AND 51 OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 4, AS SHOWN ON SAID PARCEL MAP 7674; THENCE ALONG THE NORTHWESTERLY LINES OF SAID PARCEL 4, NORTH 44°30'26" EAST 32.71 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE EASTERLY ALONG SAID CURVE 28.38 FEET THROUGH A CENTRAL ANGLE OF 16°1,~7"; THENCE NORTH 60°46'03" EAST 7.33 FEET TO A LINE PARALLEL WITH AND DISTANT 36.05 FEET, MEASURED AT RIGHT ANGLES, SOUTHEASTERLY OF THE CENTERLINE OF FIRST STREET, (60 FEET WIDE), AS SHOWN ON SAID PARCEL MAP 7674; THENCE LEAVING SAID NORTHWESTERLY LINES, AND ALONG SAID PARALLEL LINE SOUTH 44°3 '(~6" WEST 70.43 FEET TO THE WESTERLY LINE OF SAID PARCEL 4, BEING A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1717.02 FEET; A RADIAL LINE TO SAID POINT BEARS NORTH 68°3~,-~11" EAST; THENCE NORTHERLY ALONG SAID NON-TANGENT CURVE 6.63 FEET THROUGH A CENTRAL ANGLE OF 0°13"16" TO THE POINT OF BEGINNING, PARCEL E~ IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, THE NORTHWEST 36.05 FEET OF THE NORTHEAST 55.60 FEET OF PARCEL 4, AS SHOWN ON PARCEL MAP 7674 FILED IN BOOK 86, PAGES 50 AND 51 OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT A, AS SHOWN ON SAID PARCEL MAP 7674, SAID POINT BEING ON THE CENTERLINE OF FIRST STREET, AS SHOWN ON SAID PARCEL MAP 7674; THENCE ALONG SAID CENTERLINE, BEING ALSO THE NORTHWEST LINE OF SAID PARCEL 4, NORTH 44°30'26" EAST 39.15 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 47°13'54" EAST 36.07 FEET TO A LINE PARALLEL WITH AND DISTANT 36.05 FEET, MEASURED AT RIGHT ANGLES, SOUTHEASTERLY FROM SAID CENTERLINE OF FIRST STREET; THENCE ALONG SAID PARALLEL LINE, SOUTH 44°30'26 WEST 55.60 FEET TO THE NORTHEASTERLY LINE OF SAID LOT A, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 89°21'02" EAST; THENCE ALONG SAID NORTHEASTERLY LINE, AND NORTHERLY ALONG SAiD NON-TANGENT CURVE 40.27 FEET THROUGH A CENTRAL ANGLE OF 46008'32" TO THE POINT OF BEGINNING. EXHIBIT A Gabriel PrQperty October 5. 1996 Page 2 of 2 BASIS OF BEARINGS: FIELD SURVEY BASED ON FIRST STREET WEST OF FRONT STREET BEARING NORTH 44°30'26" EAST PER PM 7674 (86/50-51). XRENEW ~-31-97/ ,,"~ C,V~ ~.~// . NORRIS, PE. C15446 NORRIS-REPKE, INC. 33055 VINO WAY TEMECULA, CA 92591 JN 92-0314X REFERENCE FIRST AMERICAN TITLE CO. REPORT, ORDER # 2034432, DATED JUNE 22, 1995. A.P,N. 922-010-017 \9203\432A.LGL EXHIBIT ......... COURSE TAB~ .................................. ~.'-/? ...... c~ ,oo. oo' ~.~' ~'~s'~ c~ ~ o:' ~ ~' oo'~s'~" oo ~ ~36.05 ~. L5 S 44'30'26" W 55.60' L4 S 47'13'54" E 36.07' L5 N ¢¢'50'26" E 39.15' '" ;,o > o L13 N 60'46'03" E 7.33' ~ 3>0 o~ on L4 ~ ' -'-at<.r-.--, PARCEL AREAS (A) 346 SF ~, 0.0079 AC. (B) 1,603 SF +, 0.0,368 AC. Prepared by ~ NORRIS--REPKE.INC. 3~O55 VINO WAY TEM£CUI_A. CA 92591 Tel /:Oo1~9/676-5816 Fax 676-0016 J.N 92-0.3 OWNER: RICHARD G. GABRIEL AND MARILYN F. GABRIEL )RAVN RCM APPR. JPN ORDER # 8034438 iA,P.N0 928-010-017 C15446 0 '"-36.05' :::o -~ o'~ River o' -- Street 50' 0 25 .50 t00 PORTIONS OF PARCEL 4 I[~T£ 10/04/96 PARCEL MAP 7674, 86/50-51 DY N~RRZS-R£PK'Ir ~NC RIVCRSI~ CALIFORNIA EXHIBIT C : DRAINAGE EASEMENT Gabriel Property Page 1 of 2 PARCEL C IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, BEING THAT PORTION OF PARCEL 4, AS SHOWN ON PARCEL MAP 7674 FILED iN BOOK 86, PAGES 50 AND 51 OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS~ COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 4, AS SHOWN ON SAID PARCEL MAP 7674; THENCE ALONG THE NORTHWESTERLY LINES OF SAID PARCEL 4, NORTH 44°30'26" EAST 32.71 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE EASTERLY ALONG SAID CURVE 28.38 FEET THROUGH A CENTRAL ANGLE OF 16°1,~37"; THENCE NORTH 60°46'03" EAST 7.33 FEET TO THE TRUE POINT OF BEGINNING, A POINT ON A LINE PARALLEL WITH AND DISTANT 36.05 FEET, MEASURED AT RIGHT ANGLES, SOUTHEASTERLY OF THE CENTERLINE OF FIRST STREET, (60 FEET WIDE), AS SHOWN ON SAID PARCEL MAP 7674; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 60°46'03" EAST 42.67; THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 73"40'38" EAST 11.20 FEET; THENCE NORTH 86°24'15" EAST 64.82 FEET; THENCE NORTH 56"24'15" EAST 11.86 FEET; THENCE SOUTH 33"35'45" EAST 36.48 FEET: THENCE SOUTH 53"56'00" WEST 39.19 FEET; THENCE NORTH 36"04'00" WEST t 9.80 FEET; THENCE SOUTH 86°24'15" WEST 85.27 FEET; THENCE SOUTH 74°22'23" WEST 40.87 FEET TO .SAID PARALLEL LINE; THENCE ALONG SAID PARALLEL LINE, NORTH 44%0'26" EAST 35.75 FEET, TO THE TRUE POINT OF BEGINNING. EXHIBIT Gabriel Property Page 2 of 2 BASIS OF BEARINGS: FIELD SURVEY BASED ON FIRST STREET WEST OF FRONT STREET BEARING NORTH 44°30'26" EAST PER PM 7674 (86/50-51). NORRIS-REPKE, INC. 33055 VINO WAY TEMECULA, CA 92591 JN 92-03/4 REFERENCE FIRST AMERICAN TITLE CO. REPORT, ORDER # 2034432, DATED JUNE 22, 1995. September 23, 1996 A.P.N. 922-010-017 GABRIEL PROPERTY \9203\4325D.LGL EXHIBIT "D" COURSE TAE LEc CURVE I RADIUS C1 100.00' LINE DIRECTION LO N 44'30'26" E L1 N 60'46'03" E L2 N 60'46'05" E L3 S 73'40'38" E L4 N 56'24'15" E L5 S 33'35'45" E L6 S 53'56'00" W L7 N 36'04'00" W L8 S 74'22'23" W L9 N 44'30'26" E LENGTH DELTA 28.38' 16'15'57" DISTANCE 32.71' 7.33' 42.67' 11.20' 11.86' 36.48' 59.19' 19.80' 40.87' 35.75' PPH 9E2-010-017 P.O.C. LO NOTE: LOT A OFFERED FOR DEDICATION FOR STREET AND UTILITY PURPOSES BY PARCEL MAP 7674 TO 8E ACCEPTED BY CITY. 1 O0 GRAPHIC SCALE 0 S0 AREA: 4,487 S.F. + (0.1050 Ac) ( IN FEET ) OWNER. RICHARD O. GABRIEL AND MARILYN F. GABRIEL DRAWN RCM APP~, JPN ORDER # 8034438 A,P,N. 92~-010-017 ~ '::~'- ! '1o. Ct5446 ~1] PORTION OF PARCEL~ PARCEL MAP 7674, 86/50-51 RIVERSIDE, CALIFORNIA CITY OF TENECULA F'~Prepored by ~ NORRIS--REPKE.INC. 33055 VlN0 WAY TEMECULA, CA 92591 Tel (gog) 676-5816 Fox (909) 676-0016 JN 92-03 DATE 9-23-96 SCALE i' = 50 BY NORRIS-REPKE INC. J E,\ sdskpro j\ 9~.03\dwg,,,jpntds,dw9 EXHIBIT E Gabriel Prol~eny October 5, 1996 Page I of 1 TEMPORARY CONSTRUCTION EASEMENT PARCEL O IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, THAT PORTION OF PARCEL 4, AS SHOWN ON PARCEL MAP 7674 FILED IN BOOK 86, PAGES 50 AND 51 OF PARCEL MAPS, RECORDS OF SAID COUNTY, LYING NORTHWESTERLY OF A LINE PARALLEL WITH AND 76.05 FEET SOUTHEASTERLY, MEASURED AT A RIGHT ANGLE, OF THE CENTERLINE OF FIRST STREET, 60 FEET WIDE, AS SHOWN ON SAID MAP. NORRI$-REPKE, INC. 33055 ~noWay Temecula, CA 92591 J.N. 92-03/4X REFERENCE FIRST AMERICAN TITLE CO. REPORT, ORDER # 2034432, DATED JUNE 22, 1995. A.P.N. 922-010-017 ~9203\432TMPA.LGL EXHIBIT · -~'"<',"',?' "--76.05' ' PARCEL AREA -- / =~ ~ ' (G) 8.252 SF *, 0.189 AC. ~-- ~ NORRIS--REPKE.INC. 676-~16 J.N 92-03 LOWNER: RICHARD G. GABRIEL AND MARILYN F. GABRIEL iAPPR, JPN ORDER # E03443E A,P.N. 9EE-010-017 River Street PORTION OF PARCEL 4 PARCEL MAP 7674, 86/50-51 RIVERSIDE,, CALIFORNIA T- CITY OF TEM£CULA I DATE: D10/04/96 SCALE 1' = 100' D~/G d,\sdsk\9803\dwg\ Jpnids,dwg GRAPHIC SCALE o 25 ~ 1oo TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FII~A~I. CE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director"~"~'~ March 25, 1997 Appointment to the Selection Committee for Southside Specific Plan Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: 1. Make an appointment to the Selection Committee for the Southside Specific Plan. BACKGROUND The Southside Specific Plan is located to the south of Old Town and north of 79 South between Front Street and the freeway. Staff is requesting the City Council appoint a member to this committee to assist staff in selecting the best qualified consultant to complete this Plan. FISCAL IMPACT None. R:\STAFFRPT~SSSPSEL. CC 3/18/97 sn 1 DEPARTMENTAL REPORTS CITY ATTORNEY /]' "W" DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Debbie Ubnoske, Planning Manager~'Cl~, March 25, 1997 Monthly Report RECOMMENDATION: Discussion: Caseload Activity: Receive and File The following is a summary of the Community Development Department's Planning Division caseload and project activity for the month of February 1997: The Department received 30 applications for administrative cases and 5 applications for public hearing cases for the month of February. The following are the public hearing cases: · Conditional Use Permit 1 · Development Agreement 1 · Development Plan Subject to CEQA 1 · Development Plan w/CEQA 1 · Tententive Tract-Residential not R2/R4 1 Total 5 Ongoing Projects: Old Town Streetscape Improvement Project: The development of the Sixth Street Parking Lot is under construction. Staff received seven responses to the Request for Qualifications (RFQ) for development of the construction plans for the Streetscape and storm drain improvements. Murdy Ranch Specific Plan and Environmental Impact Report: Applicant is reviewing staff's comments and is making changes to the screen check draft EIR and Specific Plan. Roripaugh Ranch Specific Plan: The applicant has informed staff that they have reduced the number of units and will re-submitt plans in upcoming months. R:\MONTHLY.RPT\1997\FEB.WPD 3/12/97 vgw 1 Temecula Shuttle: The City has delivered the building pad and the construction of the facility is pending. Sign Ordinance: On February 24, 1997 Planning Commission provided direction to staff on a number of issues. The Planning Commission will be considering the Sign Ordinance on their April 21, 1997 meeting. New Projects Trend: The Department is currently processing or in preliminary discussions with eight to ten different applicants for new industrial and warehouse facilities within the city. New applications include a Golden Corral Restaurant, Superior Tire, Kruse Microwave and Texaco Lube and Goodyear Tire. Design Guidelines: The City Council has concluded their review of the Design Guidelines. Staff is overseeing preparation of the final documents. Southside Specific Plan: Staff has reviewed the proposals for the Southside Specific Plan. An interview panel will be formed to select the consultant who will prepare the specific plan. The panel will consist of staff memebers, one Planning Commissioner and a Councilmember. Staff will be requesting the Planning Commission and City Council to appoint a member to the panel. R:\MONTHLY.RPT~1997\FEB.WPD 3/12/97 vgw 2 ATTACHMENT NO. 1 REVENUE STATUS REPORT R:\MONTI-ILY.RPT\1997\FEB.WPD 3/12/9'/vgw 3 REVPRIN2 03/12/97 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 14:30:03 GENERAL FUND PLANNING DESCRIPTION AMENDED FINAL MAP APPEALS CERT. OF LAND DIV. COMPLIANCE EXTENSION OF TIME SINGLE FAMILY TRACTS MULTI-FAMILY TRACTS PARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE PARCEL MERGER (2-4 LOTS) RECORDABLE SUBDIVISION MAPS REVERSION TO ACREAGE (5+LOTS) SPECIAL SERVICE LETTER SECOND UNIT PERMITS CHANGE OF ZONE CONDITIONAL USE PERMIT CONSISTENCY CHECKS GENERAL PLAN AMENDHENT PLOT PLAN PUBLIC USE PERMIT REVISED PERMIT SETBACK ADJUSTMENT SPECIFIC PLAN SUBSTANTIAL CONFORMANCE TEMORARY OUTDOOR EVENT TEMPORARY USE PERMIT VARIANCE ZONING INFORMATION LETTER CEQA (INITIAL STUDIES) CEQA ENVIROMENT IMPACT REPORT DEVELOPMENT AGREEMENT GEOLOGY CEQA GEOLOGY ORD. 547 APZ LAFCO PARCEL MAP/WAIVER MERGER AMENDED FINAL TRACT/PAR. MAP CERTIFICATE OF CORRECTION CONDO TRACT MAP REVERSION TO ACREAGE LOT REVISION AFTER CHECK LOT LINE ADJUST. PLAN CHECK CERT. OF CORRECT. PLAN CHECK CERT. OF COMPLIANCE PLAN CHECK COND. CERT. OF COMPL. PLN. CK. CERT. OF PAR. MERGER PLAN CK CITY OF TEMECULA REVENUE STATUS REPORT FEBRUARY 1997 ADJUSTED ESTIMATE .00 702.00 3,348.00 6,750.00 9,396.00 6,590.00 7,173.00 2,300.00 470.00 1,000.00 .00 392.00 .00 1,483.00 10,984.00 15,108.00 5,735.00 8,256.00 19,075.00 .00 11,261.00 528.00 9,254.00 880.00 .00 2,640.00 2,952.00 .00 15,904.00 6,202.00 16,000.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 FEBRUARY REVENUE .00 344.00 .00 352.00 6,219.00 .00 105.00 230.00 .00 .00 .00 .00 .00 .00 .00 3,245.00 .00 .00 6,002.00 .00 .00 .00 .00 185.00 191.00 .00 .00 18.00 2,418.40 .00 4,000.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1996-97 REVENUE .00 344.30 .00 743.00 19,189.00 .00 13,971.20 3,220.00 459.00 .00 .00 .00 .00 .00 .00 15,795.00 .00 .00 64,346.85 295.00- .00 .00 .00 4,810.00 2,599.00 .00 .00 18.00 15,910.80 .00 4,000.00 .00 .00 .00 .00 1,000.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 PAGE BALANCE .00 357.70 3,348.00 6,007.00 9,793.00- 6,590.00 6,798.20- 920.00- 11.00 1,000.00 .00 392.00 .00 1,483.00 10,984.00 687.00- 5,735.00 8,256.00 45,271.85- 295.00 11,261.00 528.00 9,254.00 3,930.00- 2,599.00- 2,640.00 2,952.00 18.00- 6.80- 6,202.00 12,000.00 .00 .00 .00 .00 1,000.00- .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 % COL 49.0 0.0 11.0 204.2 0.0 194.8 140.0 97.7 0.0 0.0 0.0 0.0 104.5 0.0 0.0 337.3 0.0 0.0 0.0 546.6 0.0 0.0 100.0 0.0 25.0 REVPRIN2 03/12/97 001 161 ACCOUNT # 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4169 4170 4175 4180 4200 4206 4226 4260 4261 4262 4369 4370 14:30:03 GENERAL FUND PLANNING OESCRIPTION VACATIONS PLAN CK DOCUMENT PROCESSING CONDEMNATION PLAN CHECK REVERSION TO ACRE. PLAN CHECK PARCEL MAP PLAN CHECK TRACT MAP PLAN CHECK AMENDED MAP PLAN CHECK 4TH & SUBS. SUBMITTALS FEMA STUDY REVIEW LOMA REVIEW DRAINAGE STUDY REVIEW IMPROVE INSPECTION ON-SITE K-RAT STUDY FEES FAST TRACK PLANNING FORMA FAST TRACK IN HOUSE PLAN CHECKS ANNEXATION FEES TEMPORARY USE PERMIT ACCESSORY WIND ENERGY LARGE FAMILY DAY CARE HAZARDOUS WASTE FACILITY LAND DIV UNIT MAP LANDSCAPE PLAN CHECK REVENUE TO DATE CITY OF TEMECULA REVENUE STATUS REPORT FEBRUARY 1997 ADJUSTED ESTIMATE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,480.00 .00 .00 .00 710.00 .00 .00 .00 .00 374.00 15,296.00 182,243.00 FEBRUARY REVENUE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,010.00 .00 .00 .00 .00 .00 .00 4,195.00 28,514.40 1996-97 REVENUE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 7,880.00 .00 .00 .00 .00 .00 187.00 34,216.00 188,394.15 PAGE 2 BALANCE % COL .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,480.00 0.0 .00 .00 7,880.00- *** 710.00 0.0 .00 .00 .00 .00 187.00 50.0 18,920.00- 223.7 6,151.15- 103.4 GENERAL FUND 182,243.00 28,514.40 188,394.15 6,151.15- 103.4 REVPRIN2 03/12/97 14:30:03 GRAND TOTALS DESCRIPTION CITY OF TEMECULA REVENUE STATUS REPORT FEBRUARY 1997 ADJUSTED FEBRUARY 1996-97 ESTIMATE REVENUE REVENUE PAGE 3 BALANCE % COL REVENUE TO DATE 182,243.00 28,514.40 188,394.15 6,151.15- 103.4 GRAND TOTALS 182,243.00 28,514.40 188,394.15 6,151.15- 103.4 REVPRIN2 03/12/97 14:30:03 CITY OF TEMECULA REVENUE RECAP REPORT FEBRUARY 1997 PAGE 4 001-161 DESCRIPTION PLANNING GRAND TOTALS ADJUSTED ESTIMATE 182,243.00 182,243.00 FEBRUARY REVENUE 28,514.40 28,514.40 1996-97 REVENUE 188,394.15 188,394.15 BALANCE % COL 6,151.15- 103.4 6,151.15- 103.4 APPROVAL ~,~ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 25, 1997 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for February, 1997. r:\agdrpt\moactrpt/ajp MEMORANDUM TO: FROM: DATE: SUBJECT: Joseph Kicak, Director of Public Works/City Engineer ~Brad Buron, Maintenance Superintendent March 3, 1997 Monthly Activity Report - February, 1997 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of February, 1997: I. SIGNS A. B. C. TREES A. III. IV. Vo VI. VII. Total signs replaced Total signs installed Total signs repaired Total trees trimmed for sight distance and street sweeping concerns POTHOLES A. Total square feet of potholes repaired CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 273 New and repainted legends B. 3,830 L.F. of new and repainted red curb and striping 45 43 3 71 268 67 15,330 6 1,741 ]- R:\ROAD S'~ACTRPT\97\FEBR UARY,RPT rh MONTHLY ACTIVITY REPORT - February, 1997 Also, City Maintenance staff responded to 28 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 29 service order requests for the month of January, 1997. The Maintenance Crew has also put in 75 hours of overtime which includes standby time, special events and response to street emergencies. Project Name: Citywide Slurry Seal PW95-18 FY95-96 Quantity Unit Price Amount 1. Traffic Control L.S. $14,000.00 $14,000.00 2. Crack Seal L.S. $62,000.00 $62,000.00 3. Type II Slurry Seal 3,076,933 S.F. $ 0.0453 $139,385.06 4. R & R Striping L.S. $25,600.00 $25,600.00 TOTAL $240,985.06 PESTMASTER SERVICES has completed the following: · 1,857,455 S.F. of right-of-way weed control, total cost $19,391.83 compared to $0.00 for January, 1997. The total cost for Street Maintenance performed by Contractors for the month of February, 1997 was $281,738.51 compared to $26,734.24 for the month of January, 1997. Account No. 5402 Account No. 5401 Account No. 999-5402 $281,738.51 5,484.00 .00 CC: Don Spagnolo, Principal Engineer - Capital Projects Ron Parks, Principal Engineer- Land Development Alii Kuhns, Senior Management Analyst R:\ROADS~ACTRPT\97\FEBR UARY.RPT rh STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of February, 1997 DATE STREFT/CHANNFL/BRIDGE D;SCRIPTION OF WORK TOTAL ACCOUNT # COST NELSON PAVING AND S!=ALING 02/04/97 29999 Ynez Road # 5402 DEL RIO FNTERPRISE 02/13/97 & 02/14/97 Old Town (Rod Run) 5402 02/13/97 & 02/14/97 APOLLO SWFFPING CO. Citywide # 5402 A.C. Overlays. Total $.F. Total A.C. TOTAL COST 30 1 Tons $800.00 2 Day - 4 Person A.C. Patch Crew Total S.F. Total A.C. TOTAL COST 2,800 24 Tons $3,900.00 Center painted medians and intersections. Total Hours 15.5 02/11/97 #5402 MONTFt !:'ON; :!=X:CAVATING..'~' Margarita Road TOTAL COST $1,007.50 Backfill open trenches & shoulder grade. 02/12/97 #5402 Old Town (Rod Run) TOTAL COST 8 Hr. water truck 8 Hr. Labor (For dust control) TOTAL COST $1,044.00 $824.00 02/14/97 #5402 Diaz Road between Rancho California Road and Winchester Shoulder grade. TOTAL COST $696.00 R:\ROAD S~ACTRPT\97\F EBR UARY.RPT rh February, 1997 Contractors Report 02/24/97 //5402 02/24/97 //54O2 02/18/97 //5402 MAPLES & ASSOCIATES La Paz at Vallejo and Ynez A-PARK AVENUE BUILDERS Pala Road at HWY 79(S) PFSTMASTFR SFRVICES Avenita Buena Suerte A.C. repair, radius repair shoulder grading. Total S.F. Total A.C. TOTAL COST 731 17 Ton $3,790.12 Widening of radius. Total S.F. 10,000 Total A.C. 75 Ton TOTAL COST $7,500.00 Removal of 18 shrubs from right of way for sight distance. O2/28/97 //5402 CARY O"BRIAN FENCING " ...... ''" Calle Medusa at Enfield TOTAL S.F. TOTAL A.C. TOTAL AMOUNT ACCT #5402 TOTAL COST $1,500.00 Cage in storm-drain outlet. TOTAL COST $1,200.00 13,561 S.F. 117 Tons $21,361.62 4 R:\ROADS~ACTRPT\9 7 \FEBRUARY.RPT rh February, 1997 Contractors Report DATE ACCOUNT # 5401 STREET/CHANNEL/BRIDGE MONT!=LFON!= FXCAVATING 11/10/97 //5401 Pauba Road desliting pond emergency repairs. * Slit & debris removal. DESCRIPTION OF WORK TOTAL COST SIZE TOTAL COSTS $5,484.00 TOTAL AMOUNT ACCT #5401 $5,484.00 DATE ACCOUNT # 999-540~ STREET/CHANNEL/BRIDGE - NONE - DESCRIPTION OF WORK TOTAL COST SIZE I I 5 R:\ROADS~,ACTRPT\97\FEB R UARY.RPT rh DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FY 1996-1997 Date Submitted: March 3, 1997 Submitted By: JOSPEH KICAK Prepared By:~F~BRAD BURON 3RD QUARTER SCOPE OF WORK ASPHALT AC Square Footage: Tons: SIDEWALK CURB & GUTTER REPAIR Square Footage: PCC Yards: STRIPING LINEAR FEET: IN-HOUSE PAINTING LEGENDS: SIGNS REPLACED Material: Labor: SIGNSINSTALLED Material: Labor: GRAFFITI Square Footage: Cost: DRAINAGE CHANNELS CLEANED Basins: Channels: IN-HOUSE TREES TRIMMED: SERVICE ORDER REQUESTS: AFTER HOURS CALL OUTS: R.O.W. WEED ABATEMENT: TOTALS WORK WORK COMPLETED COST FOR COMPLETED JANUARY 97 JANUARY 97 FEBRUARY 97 5,156 126 152,500 82 18 103 898 434 3 56 29 71 0 159,476 $17,254.00 13,561 117 0 0 $2,122.24 o $656.0o 273 $900.00 45 $276.12 $5,150.00 43 $864.00 1,741 $251.44 $8,282.56 $6,657.56 67 $1,625.00 1 $1,512.00 71 $0.00 28 $1,605.31 75 $o.o0 15,330 $38,873.67 31352 COST FOR FEBRUARY 97 $15,990.12 $0.00 $0.00 $2,184.00 $2,250.00 $691.65 $2,150.00 $660.91 $487.48 $6,513.79 $1,029.79 $5,484.00 $1,917.00 $o.oo $1,695.75 $1,o8o.oo $42,134.49 WORK COMPLETED MARCH 97 COST FOR MARCH 97 0 $0.00 TOTALCOST FOR THIS FISCALYEAR $274,632.76 $50,985.00 $21,122.26 $13,512.00 $7,800.0O $2,591.34 $11,700.00 $3,019.43 $3,115.54 $62,031.13 $14,527.56 $0.00 $18,847.22 $12,764.20 $500,962.23 TOTAL COST FORLAST FISCALYEAR $97,444.00 $49,677.45 $74,018.43 $18,176.00 $7,250.00 $2,885.65 $9,750.00 $2,913.95 $16,102.22 $72,690.71 $6,599.40 $14,538.32 $31,753.20 $403~799.33 r:\moactrpt~97~stmalnt~96-97rpt.wb2 SECOND HALF CONTRACTORS Asphalt Tons Asphalt Square Feet Concrete Square Feet Drainage Channels Total Costs I.P.S. STRIPING Striping Linear Feet Sandblasting Linear Feet Total Costs TREE CONTRACTORS Trees Trimmed Trees Removed Total Costs PESTMASTER R.O.W. Spraying - Sq Ft Total Costs CITY MAINTENANCE CREW Signs Replaced Signs Installed Catch Basins Cleaned Trees Trimmed R.O.W. Weed Abatement Potholes Repaired - Sq Ft After Hours Call Outs Service Order Requests Graffiti Removal - Sq Ft Total Costs MAINTENANCE WORK COMPLETED FISCAL YEAR 1996-1997 JANUARY FEBRUARY MARCH 126 117 5,156 13,561 0 0 3 1 $18,879.00 $21,474.12 152,500 0 $2,122.24 $0.00 0 0 15 0 $3,000.00 $0.00 0 1,857,455 $0.00 $19,391.83 18 45 103 43 434 67 56 71 0 15,330 538 268 71 75 29 28 898 1,741 $17,872.43 $19,630.58 APRIL MAY Date Submitted: March 3, 1997 Submitted By: JOSEPH KICAK Prepared By:~r~BRAD BURON 2,370 155,022 5,523 17 $370,812.61 415,867 0 $173,722.26 217 24 $13,795.00 1,857,455 $19~391.83 156 234 796 7O9 382,287 1,790 735 228 11,127 $103,497.59 r :~moactrpt~97~stmaint~maintwk97 .wb2 CITY OF TEMECULA 1997 GRAFFITI REMOVAL COSTS January February March April May June July August September October November December SQUARE FOOTAGE January February March April May June August September October November December $251.44 487.48 898 1,741 TOTAL CALLS January February March April May June July August September October November December 10 6 Totals for the Year To Date: February 28, 1997 Sq. Foot 2639 Cost $ 738.92 Calls 16 6000 5000 4000 3000 2000 1000 ; JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC .... SQ FT - COST DATE 02/04/97 02/04/97 02/O4/97 02/07/97 02/07/97 02/10/97 02/11/97 02/11/97 02/12/97 02/12/97 02/13/97 02/18/97 02/20/97 02/24/97 02/25/97 02/25/97 02/26/97 O2/27/97 02/28/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF FEBRUARY - 1997 .LOCATION La Paz ~ Hwy 79(S) La Paz ~ Hwy 79(S) Buena Suerte ~ Ave Centenario Via La Vida Pujol ~ 6th Street Old Town (See daily for locations) Margarita ~ De Portola Mercedes ~ 5th Street Via Norte ~ Del Rey & Via Norte ~ Calle Pina Colada Old Town (See daily for locations) Mercedes ~ 3rd Street Ynez ~ Winchester Margarita ~ Margarita @ Margarita ~ Diaz ~ Ave. Area #2 (See Rustic Glen Rancho Vista Rancho Vista Alvarado daily for locations) Area #1 (See daily for locations) Area #1 (See daily for locations) Repaired Installed Installed Installed Installed Replaced Installed Replaced Installed Replaced Replaced Replaced Installed Replaced Replaced Installed Replaced Replaced Installed WORK COMPLETED 3 R-7 & R-7A R-18 7 Carsonites 4 R-260 4 R-260 3 R-I, 2 R-1A, 2 W-17, 1 R-2 "25" (Faded) W-65-1 R-1 (Faded) 4 R-I, 4 W-17, 4 R-1A 8 R-l, W-41, W-11, W-17 (Faded) Type "N" & 2 Carsonites R-7A (TC) R-18-1 8:R-18-2 2 W-41, W-17 (Faded) R-38 (Stolen) 10 Delineators W-66A, 2 W- 17, 2 R- 1 Type P 2 W-41, R-17, W-5 RT, W-6-25 2 W-17, 3 R-l, W-41 5 R-2 "25" TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 45 43 3 R:~R.OAD S~WKCM PLTD~9 7~SIGN S~FEBRUARY. RPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENClLS/ STRIPING MONTH OF FEBRUARY- 1997 [ i ocA !o [ 02/05/97 La Serena ~ Meadows Installed 20 L.F. o£1~ed Curb 02/10/97 Area #1 Repainted 34 Legends 02/11/97 Area #1 Repainted 68 Legends 02/11/97 Area #1 Repainted 3,540 L.F. of Red Curb 02/13/97 Area #1 l~epainted 17 Legends 02/19/97 Area #1 Repainted 45 Legends 02/20/97 Area #1 Repainted 45 Legends 02/25/97 Area #1 Repainted 39 Legends 02/26/97 Area #1 Repainted 20 Legends 02/26/97 Mira Loma Installed 270 L.F. of Red Curb 02/28/97 Area #1 (See daily for locations) Installed 5 Legends TOTAL NEW & REPAINTED LEGENDS L.F. OR NEW & REPAINTED RED CURB & STRIPING 273 R:~R. OAD S\WKC M PLTD~9 7~STENC IL S~FE B RUARY.RYT DATE 02/04/97 02/10/97 02/20/97 02/24/97 02/24/97 02/24/97 02/24/97 02/25/97 02/25/97 02/25/97 02/26/97 02/28/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT OF WAY TREE TRIMMING MONTH OF FEBRUARY- 1997 LOCATION La Paz ~ Hwy 79(S) Front ~ Main Streets Cosmic ~ Santa Cecilia Pauba ~ Villa Alturas Margarita ~ Santiago Margarita ~ Rancho Vista Pauba west ofLa Primavera Margarita ~ Rancho Vista Villa Alturas ~ Pauba Enfield ~ Pauba Area #1 & #2 (See dailys) 31170 Avenida Del Reposo WORK COMPLETED TRIMMED 2 R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIMMED 3 R.O.W. TREES TRIMMED 2 R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIMMED 38 R.O.W. TREES TRIMMED 3 R.O.W. TREES TRIMMED 2 R.O.W. TREES TRIMMED 2 R.O.W. TREES TRIMMED 15 R.O.W. TREES TRIMMED 1 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 71 R:~ROAD S\VqKC M PLTD~97~TREE S~FE BRUARY.RPT DATE 02/11/97 02/14/97 02/24/97 02/26/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF FEBRUARY - 1997 LOCATION Old Town Old Town Pauba Road west of La Primavera Area #2 I Removed Removed Removed Removed WORK COMPLETED 600 S.F. ROW Weeds 3,650 S.F. ROW Weeds 10,800 S.F. ROW Weeds 280 S.F. ROW Weeds TOTAL WEEDS REMOVED 15,330 R:~.OAD ~WKC MPLTDk97~WE E D S~FE BRUARY.RPT DATE 02/03/97 O2/O3/97 02/04/97 02/11/97 02/12/97 02/12/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF FEBRUARY - 1997 LOCATION Long Valley Wash Sycamore Terrace Apartments 28566 Pujol Street Via Puerta ~ Camino Verde 28550 Pujol Street Santiago ~ Interstate 15 WORK COMPLETED REMOVED 1,269 REMOVED 10 REMOVED 150 REMOVED 120 REMOVED 152 REMOVED 40 S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 1,741 6 R:~R. OAD S~WKCMP LTD~97~GR. AFFITl~E BRUARY.RPT I DATE 02/05/97 02/06/97 02/07/97 02/18/97 02/19/97 02/27/97 I Paloma Del Sol Paloma Del Sol Paloma Del Sol Paloma D¢I Sol Areas #1, 2, & 4 Areas #1, 2, & 4 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF FEBRUARY - 1997 LOCATION [ WORK COMPLETED CI,I'~ANEI) & CI IECKI:I) CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED 7 CATCH BASINS 13 CATCH BASINS 4 CATCH BASINS 23 CATCH BASINS 10 CATCH BASINS 10 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 67 R:~R-OAD S~WKC MPLTD~97~CATCH BA S~FEB RUARY.RFF DATE RECEIVED O2/O3/97 02/03/97 02/04/97 02/07/97 02/07/97 02/07/97 02/10/97 02/11/97 02/11/97 02/12/97 02/13/97 02/13/97 02/18/97 02/18/97 02/19/97 02/19/97 02/19/97 02/20/97 02/20/97 02/20/97 02/21/97 02/21/97 02/21/97 02/25/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF FEBRUARY - 1997 LOCATION 40440 Carmelita Circle 30899 Avenlra Buena Suerte La Paz Cupeno Lane Rancho California Rd ~ I- 15 32925 Vista De Oro Fire station #84 Park on Via Puerta 27520 Enterprise Circle West Pala Vista Pala Vista 41844 4th Street 43845 Northgate 42505 Verdadero Place Ynez ~ La Paz La Paz ~ Vallejo Via Rami ~ Pauba Road 41844 4th Street June Court 30105 Cabrillo 28250 Front Street San Pasqual 31074 Calle Aragon 42681 Loma Portola Drive REQUEST Slurry concern Debris pick-up Pot holes Street name sign repair Gravel spill Dead coyote Missing carsonites Graffiti Pothole Road grading Road grading Sweeper concern Debris removal Tree trimming Pothole Pothole Keys in storm drain Sweeper concern Catch basin plugged Tree down Pot hole Drainage concern Root prune R & R Rancho Vista 'DATE WORK COMPLETED 02/O3/97 02/03/97 02/04/97 02/10/97 02/07/97 02/07/97 02/10/97 02/11/97 02/11/97 02/12/97 02/13/97 02/13/97 02/19/97 02/19/97 02/21/97 02/21/97 02/19/97 02/20/97 02/21/97 02/20/97 02/21/97 02/21/97 02/24/97 02/26/97 1 R:kP-.OAD S~WKCM PLTD97~SERVICE~FE BRUAKY.RPT FEBRUARY - 1997 SERVICE ORDER REQUEST LOG DATE RECEIVED 02/26/97 02/26/97 02/27/97 02/27/97 iLOCATION 39445 Pala Vista 39624 Oak Cliff Drive 41848 Asteroid Way 31295 Cala Carrasco REQUEST Request for dirt Root prune Missing garage sale signs Drainage concern DATE WORK COMPLETED 02/26/97 02/26/97 02/28/97 02/28/97 TOTAL SERVICE ORDER REQUESTS 28 2 R:~R-OAD S\WKCM PLTD~9 7~SERVICIX~FEB RUARY. RPT CAPITAl, IMPROVEMENT PROJECTS Monthly Activity Report MARCH 1997 Submitted by: Joseph Kicak Prepared by: Don Spagnolo0~/5 Date: March 25, 1997 I. WORK UNDER CONSTRUCTION: 1. l-IS/Winchester Road Interchange Modifications: The contractor has removed all formwork from the sides of the wing walls located at the base of the bridge supports. The construction of the exterior face of the new tie-back retaining wall will be completed by the end of March. Although the new north bound loop on-ramp has been rough graded, several additional grading steps must be performed prior to the placement of asphalt scheduled during the months of April and May. The completion date for the project is September. ~. Fire gtation g84: The building improvements are essentially complete with the contractor attending to outstanding "pick-up~ items. It was recently determined that the water main pressure in Pauba Road is not sufficient to serve the building fire and water systems. The design of a booster pump system is presently being expedited. Remaining off-site items include concrete down drains, brow ditches and hydro seeding. Completion of these items is planned for the second week of March. Striping of the asphalt pavement in Pauba Road is scheduled for the week of March 10. Anticipated project completion is the week of March 17. 3. Walcott Corridor: The contractor is currently working on the storm drain systems and laying the base material in the street. The utility companies have completed the ins~llafions of the dry utilities. During the week of March 17, the contractor will begin paving the street and will complete the entire project including hydro seeding of the slopes in May 1997. 4. ,~am Hickn Mom~ment Park Improvement Project: The park improvements have been completed. Staff is recommending that City Council accept the project at the March 18, City Council meeting. 5. Traffic Signal at Ro-te 79,q and Margarita Road/Redhawk Parkway: The traffic signal has been installed and is currently operating on flashing red, since the existing striping does not align with the signal heads. Upon completion of the assessment district's road work and re-striping of the intersection, the traffic signal will be put into full operation. 6. Emerl, ency Generator: The Emergency Generator project has been completed. Staff is recommending that the City Council accept the improvements at the March 25, City Council meeting. r:~mo~ctrpt~cip~9 7/m~r.m~r Monthly Activity Report March 25, 1997 Page 2 7. City Maintenance Facility: The building interior wails have been dry wailed and are presently being painted. Tile work and installation of the lockers is scheduled for the week of March 17. The exterior stucco £mish is complete and the windows have been installed. The contractor is grading the yard in preparation for the placement of concrete pavement by March 21. The project completion is scheduled for April 17. 8. City Wide Intelligent Traffic Management S..vstem (ITM~: Plans and specifications for Phase II of this project were submitted to Caltrans to obtain an encroachment permit. Caltrans has required additional documents and our consultant is preparing the requested information. This project should be ready to be advertised in March. 9. Acon~tic Pane!.~ at the CRC Corm: On Febnmry 25, the City Council awarded the project to Inland Acoustics, Inc. This project will include installation of acoustical panels on the walls and on the ceiling in the basketball gym at the Community Recreation Center. Also, additional protection pads will be placed at both ends of the basketball court to provide a cushion for the ball players. Once the contract documents are submitted and a purchase order is issued a pre-construction meeting will be scheduled. The contract documents requires the work to be done between March 26 and April 16 due to scheduling of the gym facility. 10. FY95-96 Pavement Management ~vstem On March 18, the City Council awarded the project to Laird Construction Co., Inc. This project includes removing and reconstructing the A.C. pavement and providing only an overlaying portions of Rancho Vista Road, Solana Way, and La Serena Way. Once the contract documents are submitted and a purchase order is issued a pre-construction meeting will be scheduled. 11.6th Street Work will continue on the restroom building with the installation of interior fixtures and the placement of exterior wood siding. Rolled curb is being placed along Front Street, and base materials which will be used for the foundation will also be placed along Front Street in preparation for the wooden boardwalk. Work on the parking lot will also begin with the installation of railroad tie curbs. The project is scheduled for completion in May 1997. H. WORK IN DESIGN: 1.1-15/Rnneho California Road Interchange Modifications: Roadway plan check comments from Caltrans (District 8) were received by the consultant on February 18, 1997. Most of Caltran's comments were regarding traffic and electrical items and the consultant met with Caltrans on Wednesday, March 12 to resolve them. Roadway plans will be resubmitted to Caltrans (District 8) on Wednesday, March 19 for final approval. The project will be bid as soon as Caltrans approves and signs the plans. This project includes widening the Rancho California Bridge and providing a northbound loop on- ramp. r :~mo~ctrpt\¢ip~9 7/m~'.m~ Monthly Activity Report March 25. 1997 Page 3 9.. 1-15/Overland Drive Overcrossing Improvements: Roadway plan check comments from Caltrans (District 8) should be return to the consultant by the end of March. The structural plans were approved and signed by Caltrans Division of Structures. The Construction Cooperative Agreement has been approved by both Caltrans and the City Council. SCE will be relocating the existing 115, 33, & 12 KVA overhead powerlines to an area just south and parallel to the proposed Overland Drive Overcrossing Improvements. The City sent SCE a copy of the roadway plans in early February for their use in plotting the proposed route of the power lines and SCE will return the plans to the City the week of March 17. 3. Margarita Community Park: Final plan check is expected to be completed the first week of April. The project is scheduled to go out to bid by April 10. The project includes picnic areas, a tot play area, restroom facilities, and open turf areas. The development of the two ball fields on the school district property will include two lighted tennis courts, and one lighted hockey facility and will be an add-alternate bid item. 4. Traffic Signal at gR-79g and Redford Court Caltrans has approved the plans and specifications for this project and has issued the encroachment permit. Request for solicitation of bids is schedule for the March 18, City Council meeting. 5. Traffic Signal at Margarita Road & Solana Way The preliminary design has been completed and staff will finalize the plans this month. This traffic signal will be constructed using the existing equipment that are stored in the city yard. 6. FY96-97 Pavement Management ~ystem The consultant has started the design services for the third annual pavement project which will be for the rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road. 7. Pavement Management ,~ystem Up-Date The consultant has begun the research for this project. This project will review and up-date the existing Pavement Management System which will include adding all new streets, preparing a new 5-year street maintenance program, and up-dating the computer generated City map. LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS FEBRUARY 1996 Submitted by: Joseph Kicak~. Prepared by: Ronald J. Parks//~---- Date: March 13, 1997~ 1. PW95-07 - Phase I Western Rypnss Corridor: Riverside County Flood Control and Water Conservation District (RCFC&WCD) reviewed the storm drain plans and responded. The design engineer will be revising the plans in compliance with RCFC&WCD's comments. Design of Eastern Municipal Water District's pump station relocation is underway. Riverside County will bid the Interstate 15/State Route 79 South Interchange ramp widening project, including the pump station relocation, Front Street/State Route 79 South intersection reconfiguration and installation of the traffic signal, either when the improvement plans have been modified to show the limits of the improvements to the 12,000 square feet area that the City is acquiring or once the entire area that is shown on the current plans have been acquired. 2. PW95-08 - First Street Fxtension: Riverside County Flood Control and Water Conservation District (RCFC&WCD) reviewed the storm drain plans and responded. The design engineer will be revising the plans in compliance RCFC&WCD comments. The bridge engineer is finalizing the bridge plans. Resolution on property acquisition for the right-of-way is needed. 3. PW95-P6 - 6th Rtreet Pnrking Project: Construction of onsite parking improvements will commence next month along with completion of the perimeter improvements. Project completion is anticipated by early May. PW96-05 - Project Rt, tdy Report {PSR! And Project Report {PR! For Ultimnte Interchange Improvement- nt Interstnte 15/State Ro-te 79 Ro,,th {I-15/SR79S): We received Caltrans initial comments on the PSR. We reviewed the comments and provided our response. The consultant will meet and discuss the comments with Caltrans representative by mid-March to finalize and establish the required criteria. The consultant will then revise the PSR and resubmit for Caltrans' and FHWA's review. R:~MOA .W~D DEPARTMENT OF PUBLIC WORKS DEVELOPMENT ACTIVITY: RECORDED/ SUBMITTED APPROVED PLANS CHECKED THIS MONTH THIS MONTH MAPS & DOCS. $ 4 GRADING PLANS 8 6 IMPROVEMENT PLAN 0 0 GRADING PERM .... 1 ENCRCH PERM --- 9 AND UTIL. PERM MONTHLY ACTIVITY REPORT FEBRUARY 1997 RECORDED/ SUBMITTED APPROVED LAST MONTH LAST MONTH THIS FISCAL 5 11 27 10 3 56 4 1 3 -- 0 42 -- 19 149 Date Submitted: Submitted By: Prepared By: YEAR-TO-DATE LAST FISCAL THIS CALENDAR 13 16 69 9 10 1 19 1 164 28 March 17, 1997 JOSEPH KICA~/~*'~ RONALD J. PARKS LAST CALENDAR 7 17 4 9 38 FEE COLLECTION ACTIVITY: TOTALFEES Fee Information: THIS MONTH LAST MONTH PLN CHECK 1) $9,803.51 $37,836.92 INSPECTION 2) $15,342.26 $4,812.30 PERMIT 3) $125.00 $250.00 DEV REVIEW 4) $6,860.80 $481.62 TOTALS: $32,131.57 $43,380.84 # OF HRS REVIEWS/ INSPECTIONS 260 300 125 1) Acct. Codes: 2) Acct. Codes: 3) Acct. Codes: 4) Acct. Codes: 4108,4148,4162,4369,4362,4363,4366,4367 4368,4372,4379,4380 4386 4104,4105,4116,4119,4125,4129,4131,4388 THIS FISCAL $459,526.74 $253,859.26 $1,900.00 $38,96O.82 $754,246.81 TOTAL FEES YEAR-TO-DATE LASTFISCAL $186,506.38 $142,264.81 $2,576.00 $34,790.4O $365,136.69 THIS CALENDAR $47,64O.43 $20,154.56 $375.00 $7,342.42 $75,512.41 LAST CALENDAR $9O,450.72 $24,465.89 $500.00 $11,224.40 $126,641.01 DOCUMENTS SUBMITTED FOR THE RECORD �i 3 Prl -M ALBERT S. PRATT Temecula, CA 92591 ( California Registration: Civil Engineer No. 7671 Structural Engineer No. 650 Tuesday, March 25, 1997 Letters to the Editor The Californian 28745 Single Oak Drive, Suite 100 Temecula, CA 92590 FAX Subject: A Joint Venture I am suggesting a joint venture between the Old Town Temecula Merchants Association, The Arts Council, The Temecula Valley Playhouse, The Temecula City Council, the Redevelopment Agency and the citizens of Temecula as follows: 1. Construct an Old Town Temecula Opera House designed only for citizen participation with teaching facilities and the development of junior and senior participation in the performing and fine arts, a local volunteer symphony orchestra and a modest size auditorium in which to perform. The design to start at once, and construction to follow with occupancy by 1998. 2. Construction of supporting infrastructure as a minimum: Traffic signals on Front Street at 1,6m , Main and at Mercedes and Main. Board walks along Main Street from Murrieta Creek to the Opera House at the east end. Board walks along Front Street from 1' to 6' Streets. 3. Parking facilities at the Opera House and at adjacent central locations. 4. Gas lights along Front Street and Main Street. 5. Mini -parks on present vacant Front Street property. 6. One way traffic on Front and Mercedes with restricted parking on Front Street 7. Low cost RDA loans to merchants and property owners to improve their facades. 8. The target date for Old Town improvements Christmas, 1997. The joint venture, starting at once, would enhance the value of all Old Town properties, restore hope to the merchants, provide creative performing arts facilities for the citizens, and restore a sense of pride in Old Town and the citizens of Temecula.. After all(lsn't that what Redevelopment is all about to reduce "blight"?