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Home My WebLink About060899 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 C FR 35.102.35.104 ADA Title I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 8, 1999 - 7:00 P.M. 6:30 P.M. - Closed Session of the City Council pursuant to Government Code SectiOns: I. Discussion of candidates for position of Government Code Section 54957. and City Redevelopment Agency Manager pursuant to At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 99-11 Resolution: No. 99-41 Vivian Tang Pastor Ed Horack of New Covenant Fellowship Center Councilman Roberts Comerchero, Lindemans, Stone, Roberrs, Ford PRESENTATIONS/PROCLAMATIONS Certificates of Appreciation to Old Town Local Review Board Member Nielsen and Plannin.q Commissioner Soltvsiak Presentation of the Certificate of Achievement for Excellence in Financial Reporting by Government Finance Officers Association ('GFOA) PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on R:~Agenda\060899 1 an item which is listed on the Consent Calendar or a matter pot listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. 2 3 When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, then (10) minutes will be devoted to these reports. 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. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution Approvin.q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of April 30, 1999 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of April 30, 1999. R:~Agenda\060899 2 4 Financial Statements for the Nine Months ended March 31, 1999 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the nine months ended March 31, 1999. 6 Contract Extension and AuClmentation for the Professional Services A.qreement to prepare the Update of the Circulation Element RECOM MEN DATION: 5.1 Approve Contract Amendment No. 1 with Wilbur Smith Associates extending the performance period to December 31, 1999, and increasing the contract amount by $11,650.00. Request to desi.qnate certain property as No Skateboardinq, Rollerblading, or similar Activity Area RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 29645 RANCHO CALIFORNIA ROAD A NO SKATEBOARDING, ROLLERBLADING, OR SIMILAR ACTIVITY AREA PURSUANT CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE Acceptance of Irrevocable Offer of Dedication for recordation purposes for Grant of Easement for Solana Ridfie Apartment - Plannin.q Application No. 96-0270 ('located at the northeast corner of Margarita Road and Solana Way) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR RECORDATION PURPOSES FOR A BUS TURNOUT FOR THE SOLANA RIDGE APARTMENTS PROJECT (PA96-0270) BUT NOT ACCEPTING THESE EASEMENTS AT THIS TIME 7.2 Authorize and direct the City Clerk to record the documents approved by the resolution. R:~,genda\060899 3 8 Quitclaim Public Utility Easements over Solana Rid.qe Development in portion of Parcel Map No. 20278 ('located at the northeast corner of Mar.qarita Road at Solana Way) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS IN PARCEL MAP NO. 20278 9 10 11 12 Extension of Time for Tract Map No. 25892 ('located on the south side of Pauba Road between Ynez Road and Mar.qarita Road) RECOMMENDATION: 9.1 Authorize extension of time for Completion of Work for Tract Map No. 25892; 9.2 Direct the City Clerk to so advise the developer and surety. Release Traffic Siqnalization Mitigation security for Tract Map No. 21067 (,located northwesterly of the intersection of Pala Road at Loma Linda Road) RECOMMENDATION: 10.1 Authorize release of the Traffic Signalization Mitigation security for Tract Map No. 21067; 10.2 Direct the City Clerk to so advise the developer and surety. Reimbursement A.qreement with Rancho California Water District Pala Road Brid.qe - Project No. PW97-15 RECOMMENDATION: 11.1 Approve the reimbursement agreement with Rancho California Water District (RCWD) for the cost to install/relocate certain water improvements in conjunction with the construction of the Pala Road Bridge - Project No. PW97-15 - and authorize the Mayor to execute the agreement; Purchase of Traffic Si.qnal Poles and Controller Assembly for Traffic Si.clnal installation at Margarita Road/Pauba Road- Project No. PW98-13 RECOMMENDATION: 12.1 Approve the purchase of traffic signal poles and controller assembly from McCain Traffic Supply in the amount of $25,317.60 for the traffic signal installation on Margarita Road at Pauba Road - Project No. PW98-13. R :~,genda\060899 4 13 Award of Construction Contract Street Sealing Project FY98-99 - Project No. PW99-04 14 15 16 RECOMMENDATION: 13.1 Award a contract for the Street Sealing Project FY 98-99 - Project No. PW99-04 - to American Asphalt Repair & Resurfacing Co., Inc. for $247,139.70 and authorize the Mayor to execute the contract; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,713.97 which is equal to 10% of the contract amount. Winchester Road at 1-15 Off-Ramp Widenin.q - Project No. PW97-03- Increase Construction Contin.qencv RECOMMENDATION: 14.1 Authorize the Acting City Manager to approve Contract Change Orders (CCO) with Riverside Construction Company for the Winchester Road at I-15 Off-Ramp widening - Project No. PW97-03 -in an additional amount of $19,194.18 above the previously approved contingency. Authorize Temporary Street Closures for 1999 the HistoN Channel Great Race Lunch Stop at the Sixth Street Parkin.q Lot in Old Town (Old Town Front Street-First Street to north of Sixth Street, Sixth Street, Main Street) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR 1999 HISTORY CHANNEL GREAT RACE LUNCH STOP EVENT ON JUNE 19, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT (PORTIONS OF OLD TOWN FRONT STREET, MAIN STREET, AND SIXTH STREET) Tract Map No. 24185-2 (located south of Jerez Lane, east of Sunny Meadows Drive, west of Butterfield Sta.qe Road, and north of State Highway 79 South and within Paloma Del Sol Specific Plan No. 219) RECOMMENDATION: 16.1 Approve Tract Map No. 24185-2 in conformance with the Conditions of Approval; 16.2 Approve the Subdivision Improvement Agreement; 16.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. R:~Agenda\060899 5 17 18 Tract Map No. 24188-1 (located south of Pauba Road, east of Sunny Meadows Drive, west of Butterfield Sta.qe Road, and north of State Highway 79 South and within Paloma Del Sol Specific Plan No. 219 RECOMMENDATION: 17.1 Approve Tract Map No. 24188-1 in conformance with the Conditions of Approval; 17.2 Approve the Subdivision Improvement Agreement; 17.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. Tract Map No. 24185 (located south of Jerez Lane, east of Sunny Meadows Drive, west of Butterfield Stacle Road, and north of State Hiclhwav 79 South and within Paloma Del Sol Specific Plan No. 219 RECOMMENDATION: 18.1 Approve Tract Map No. 24185 in conformance with the Conditions of Approval; 18.2 Approve the Subdivision Improvement Agreement; 18.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~,genda\060899 6 TEMECULA COMMUNITYSERVICES DISTRICT MEETING CALL TO ORDER: ROLL CALL: Next in Order: Ordinance: No. CSD 99-01 Resolution: No. CSD 99-07 President Jeff Comerchero DIRECTORS: Ford, Lindemans, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. 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 April 20, 1999; 1.2 Approve the minutes of May 11, 1999; 1.3 Approve the minutes of May 25, 1999. 2 Financial Statements for the Nine Months ended March 31, 1999 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 1999. R:~genda\060899 7 DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next meeting: June 10, 1999, CIP Workshop, at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~,genda\060899 TEMECULA 'REDEVELOPMENT AGENCY MEETING' ' ' '~ .... ' CALL TO ORDER: Chairperson Karel Lindemans presiding ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS A total of 15 minutes is provided Next in Order: Ordinance: No. RDA 99-01 Resolution: No. RDA 99-09 Comerchero, Ford, Roberts, Stone, Lindemans so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. 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 May 11, 1999; 1.2 Approve the minutes of May 25, 1999. 2 Financial Statements for the Nine Months ended March 31, 1999 RECOM MEN DATI O N: 2.1 Receive and file the Financial Statements for the nine months ended March 31, 1999. R:~,genda\060899 9 RECONVENE CITY COUNCIL MEETING - Mayor Ford JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING Any person may submit written comments to the City CouncillRedevelopment Agency before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in courts, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City clerk at, or prior to, the public hearing. 3 Disposition and Development A.qreement with Dual Development RECOMMENDATION: 3.1 Adopt a City Council resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT, INC., DATED AS OF JUNE 8, 1999, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1-1988 3.2 Adopt a Redevelopment Agency resolution entitled: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT, INC., DATED AS OF JUNE 8, 1999, FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1-1988 3.3 3.4 Authorize the expenditure of up to $2,500 for closing costs. Authorize a reimbursement of $10,179 for improvements costs. RECESS CITY COUNCIL MEETING - Mayor Ford R:~genda\060899 10 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next meeting: June 10, 1999, CIP Workshop, at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\060899 11 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raining only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 19 Appeal of the Plannin.q Commission's Approval of Plannin.q Application No. PA98-0219 (Conditional Use Permit) - Cox Communications Wireless Personal Communications System (PCS) with antennas mounted atop a 60-foot high monopole disguised as an ever.qreen pine tree (monopine) at the Rancho California Water District water tank site at 3100 Rancho California Road - continued from the May 25, 1999, City Council meeting RECOMMENDATION: 19.1 Adopt the Notice of Exemption for Planning Application No. PA98-0219; 19.2 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98- 0219 (CONDITIONAL USE PERMIT-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE (MONOPINE) LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060- 022 COUNCIL BUSINESS 2O Planning Commission Appointment RECOMMENDATION: 20.1 Appoint one applicant to serve a full term that will expire June 4, 2002. R:~Agenda\060899 12 21 22 Award a Professional Services A.qreement to Cotton/Beland/Associates to perform services to update the City of Temecula's Housin.q Element - Planning Application No. PA99-0186) RECOMMENDATION: 21.1 Award a Professional Services Agreement in the amount of $27,250.00 to Cotton/Beland/Associates, Inc. to perform services to update the City of Temecula's Housing Element and authorize the Mayor to execute the agreement. Approval of Ballot Questions for Redhawk and Vail Ranch Annexation - Introduction of Ordinance Imposin.q Special Tax RECOMMENDATION: 22.1 Approve the form of the ballot questions; 22.2 Direct staff to prepare election resolutions in connection with the proposed annexation of the Redhawk and Vail Ranch communities; 22.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE TERRITORY ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 98-14-1 (REDHAWK AND VAIL RANCH) 23 Temecula Villas Apartments RECOMMENDATION: 23.1 Direct staff to facilitate a second meeting with the Housing Authority to ensure that all affected tenants are familiar with various housing and relocation opportunities; 23.2 Direct staff to continue to monitor the situation. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: June 10, 1999, CIP Workshop, at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~genda\060899 13 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,208,149.93. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 8th day of June, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos 99- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 99- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of June, 1999 by the following roll cell vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 99- CITY OF TEMECULA LIST OF DEMANDS 05/20/99 TOTAL CHECK RUN: 05/27/99 TOTAL CHECK RUN: 06/08/99 TOTAL CHECK RUN: 05/27/99 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 06108199 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 21{3 CAPITAL IMPROVEMENT PRO J. FUND 2 0 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES $ 657,526.94 29,868.99 61,949.36 17,659.79 26,544.35 13,864.16 1,744.35 1,147,391.03 11,805.60 331.76 25,094.36 25,543.85 1,707.51 5,630.89 211,998.11 208,673.46 1,605,991.37 181,486.99 2,208,149.93 2,026,662.94 100 GENERAL 165 RDA-LOW/MOD 190 TCSD 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: PREPAR~T~~T~UNTING SPECIALIST SHAWN NELSON, ACTING CITY MANAGER 132,010.74 3,719.08 31,606.79 68.21 171.83 2,136.56 962.37 1,591.04 670.88 3,545.73 1,495.66 3.508.10 181,486.99 2,208,149.93 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 05/20/99 09:59 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 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 99,578.18 3~114.68 33,620.66 17,448.93 25,308.52 3,080.98 486.01 3,579.17 6,626.30 209.17 14,417.76 1,346.51 3,181.24 TOTAL 211,998.11 VOUCHRE2 CITY OF TEMECULA 05/20/99 09:59 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 92840 05/19/99 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 20,140.77 429.29 3,624.96 8.70 22.03 391.64 126.61 163.56 41.94 601.11 127.71 437.54 5,190.01 141.18 1,075.60 2.43 6.18 86.25 34.38 62.74 24.17 123.82 49.64 115.68 33,027.94 93361 05/19/99 000444 INSTATAX (EDD) 000444 SDI 001-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 SDI 165-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 SDI 190-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 SDI 280-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 SDI 330-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 SDI 340-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 001-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 165-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 190-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 191-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 192-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 193-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 194-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 280-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 300-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 320-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 330-2070 93361 05/19/99 000444 INSTATAX (EDD) 000444 STATE 340-2070 55752 05/20/99 001314 AMERICAN PLANNING ASSN. APA AWARDS PRG:THORNSLEY/BROWN 001-161-999-5260 81.50 2.87 52.95 .70 3.68 3.50 5,386.17 129.58 760.68 1.48 3.53 80.10 21.69 50.59 12.08 138.30 26.79 87.83 60.00 6,844.02 60.00 55753 05/20/99 003376 ARTS COUNCIL, THE REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 55754 05/20/99 002648 AUTO CLUB OF SOUTHERN C ANNUAL MEMBERSHIP: S.MANGUSING 001-163-999-5226 43.00 43.00 55755 05/20/99 002713 BALLOONS GALORE HELIUM BALLOONS:SPRG EGG HUNT 190-183-999-5370 300.00 VOUCHRE2 05/20/99 09:59 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 55755 05/20/99 002713 55755 05/20/99 002713 55756 05/20/99 55757 05/20/99 000622 55757 05/20/99 000622 55757 05/20/99 000622 55757 05/20/99 000622 55757 05/20/99 000622 55757 05/20/99 000622 55758 05/20/99 55759 05/20/99 55760 05/20/99 55761 05/20/99 VENDOR NAME BALLOONS GALORE BALLOONS GALORE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS BALLREICH, MICHAELA BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER 002381 BEAUDOIN, LINDA 002377 BEST BUY COMPANY, INC. 002377 BEST BUY COMPANY, INC. 003071 BIDAMERICA 55762 05/20/99 002871 55763 05/20/99 002878 55763 05/20/99 002878 55764 05/20/99 55765 05/20/99 000152 55765 05/20/99 000152 55766 05/20/99 001610 55766 05/20/99 001610 55766 05/20/99 001610 55766 05/20/99 001610 55767 05/20/99 55768 05/20/99 002534 55768 05/20/99 002534 55769 05/20/99 55770 05/20/99 002989 55771 05/20/99 002147 55772 05/20/99 003252 55773 05/20/99 001264 55774 05/20/99 001009 BOYKIN, EDWARD W. BUSINESS INFORMATION SY BUSINESS INFORMATION SY CALIFORNIA HIGHWAY PATR CALIFORNIA PARKS & RECR CALIFORNIA PARKS & RECR CALTRANS CALTRANS CALTRANS CALTRANS CANYON-CAHAN TEMECULA L CATERERS CAFE, THE CATERERS CAFE, THE CIMMINO, KIMBERLY JO ITEM DESCRIPTION LESS DISCOUNTED SALES TAX REIMB:CCAC ANNUAL CF:4/20-23 ELECTRICAL SVCS.-SENIOR CENTER ELECTRICAL SERVICES-CITY HALL ELECTRICAL SERVICES - CRC ELECTRICAL SERVICES - MAINT. ELECTRICAL SVCS-MNTC FAC ELECTRICAL SVCS-CITY HALL REIMB:SIERRA CF:4/19-23:RENO COMPUTER PRGM: ADKISSON-FLOHR 2 PRINTERS FOR TEM. POLICE DPT SCANNING BUILDING PLANS SVCS TELEVISION SYSTEMS DESIGN MAIN CONSULTING SVCS: HR DATABASE ON-SITE COMPUTER TRAINING TRAFFIC CNTRL SVCS:2/13-14 MMBRSHIP:JULIE CROWE-PELLETIER ANNUAL MEMBERSHIP:IRENE ROGERS MANUALS:INSPECTORS & ENGINEERS MANUALS:INSPECTORS & ENGINEERS MANUALS:INSPECTORS & ENGINEERS MANUALS:INSPECTORS & ENGINEERS REFUND: DEPOSIT LD97-124GR REFRESHMENTS:CITY PLANNING MTG REFRESHMENTS: CITY MGR MTG REFUND: DEPOSIT LD99-OO1GR CLEAR IMAGE WINDOW CLEA WINDOW CLEANING AT CITY HALL COMPLIMENTS, COMPLAINTS CONTRACT SERVICES CORP. COSTCO WHOLESALE D B X, INC. FLY A KITE EVENT:FACE PAINTING JANITORIAL SUPPLIES - PARKS 10 TABLES FOR MAINTENANCE FAC. INSTALL DISABLED PK PAD:RC SPT ACCOUNT NUMBER 190-183-999-5370 190-183-999-5370 001-120-999-5258 190-181-999-5212 340-199-701-5212 190-182-999-5212 340-199-702-5212 340-199-702-5219 340-199-701-5250 001-161-999-5258 001-1175 001-170-999-5229 001-162-999-5250 320-199-999-5210 001-150-999-5248 320-199-999-5261 001-170-999-5370 190-180-999-5226 190-180-999-5226 001-163-999-5228 001-165-999-5228 001-164-604-5228 001-164-604-5228 001-2670 001-161-999-5260 001-110-999-5260 001-2670 340-199-701-5212 190-183-999-5370 190-180-999-5212 340-199-702-5610 190-180-999-5416 ITEM AMOUNT 45.00- 19.76 185.38 45.00 75.00 180.00 85.00 475.00 958.00 116.79 2,000.00 644.26 2,119.35 341.49 600.00 2,070.00 365.52 115.00 110.00 309.00 43.00 48.39 226.61 995.00 14.50 17.50 995.00 45.00 200.00 109.42 355.47 4,443.00 PAGE 2 CHECK AMOUNT 274.76 185.38 1,818.00 116.79 2,000.00 644.26 2,119.35 341.49 2,670.00 365.52 225.00 627.00 995.00 32.00 995.00 45.00 200.00 109.42 355.47 4,443.00 VOUCHRE2 CITY OF TEMECULA 05/20/99 09:59 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 55775 05/20/99 001029 DATAQUICK, INC. ANNUAL CD-ROM DATA FEE 320-199-999-5211 55775 05/20/99 001029 DATAQUICK, INC. ANNUAL CD-ROM PLAT FEE 320-199-999-5211 55775 05/20/99 001029 DATAQUICK, INC. FREIGHT 320-199-999-5211 55775 05/20/99 001029 DATAQUICK, INC. SALES TAX 320-199-999-5211 55776 05/20/99 DOMEHOE, JAMES REIMB:HOLLAND SISTER CITY GIFT 001-170-999-5242 1,080.00 225.00 42.00 19.38 150.67 1,366.38 150.67 55777 05/20/99 001714 DREAM ENGINEERING, INC. DESIGN SVCS:TENNIS COURT LIGHT 210-190-155-5802 471.00 471.00 55778 05/20/99 000523 EASTERN MUNICIPAL WATER 95366-02 DIEGO DR LDSCP 193-180-999-5240 184.28 184.28 55779 05/20/99 002060 EUROPEAN DELI& CATERIN REFRESHMENTS:CITY COUNCIL MTGS 001-100-999-5260 174.92 174.92 55780 05/20/99 003612 FIRE PREVENTION SERVICE REMIT FIRE PREVENTION REVENUE 001-162-4264 55781 05/20/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPTS: FRONT ST. 280-199-813-5804 55781 05/20/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPTS: RAINBOW CREEK 165-199-813-5804 16,848.65 150.00 150.00 16,848.65 300.00 55782 05/20/99 003347 FIRST BANKCARD CENTER XXXX-0902 J.O'GRADY: PROF MTG 001-110-999-5260 55782 05/20/99 003347 FIRST BANKCARD CENTER XXXX-2576 S.NELSON:PROF MTG 001-110-999-5260 55782 05/20/99 003347 FIRST BANKCARD CENTER XXXX-5288 S.JONES:VISALIA (CF) 001-120-999-5258 55782 05/20/99 003347 FIRST BANKCARD CENTER XXXX-5288 S.JONES:NETCOM 320-199-999-5211 55782 05/20/99 003347 FIRST BANKCARD CENTER XXXX-5288 S.JONES:4/20 SESSION 001-100-999-5260 55782 05/20/99 003347 FIRST BANKCARD CENTER XXXX-0432 T.ELMO:HISTORICAL CF 001-162-999-5258 55783 05/20/99 FOODMAKER REFUND: DEPOSIT LD97-O49GR 001-2670 52.70 20.84 384.56 322.55 379.49 35.00 995.00 1,195.14 995.00 55784 05/20/99 000170 55784 05/20/99 000170 55784 05/20/99 000170 55784 05/20/99 000170 55784 05/20/99 000170 55784 05/20/99 000170 55784 05/20/99 000170 55784 05/20/99 000170 55784 05/20/99 000170 FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN QUEST COMPANY HORIZONS CLASSIC PLANNER PAGES SHOEBOX CLASSIC PLANNER PAGES CLASSIC ADVANTAGE PACK FREIGHT SALES TAX SHOEBOX CLASSIC PLANNER PAGES SALES TAX SHOEBOX CLASSIC PLANNER PAGES SALES TAX 001-110-999-5220 001-150-999-5220 001-110-999-5220 001-110-999-5220 001-110-999-5220 001-150-999-5220 001-110-999-5220 001-150-999-5220 001-110-999-5220 24.00 19.20 14.32 7.60 5.05 25.60 1.98 19.20- 1.49- 77.06 55785 05/20/99 000795 55785 05/20/99 000795 55785 05/20/99 000795 55785 05/20/99 000795 55786 05/20/99 002927 55787 05/20/99 000184 55787 05/20/99 000184 55787 05/20/99 000184 55787 05/20/99 000184 FRED PRYOR SEMINARS FRED PRYOR SEMINARS FRED PRYOR SEMINARS FRED PRYOR SEMINARS FUN "N" GAMES G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM EVELYN WOOD READING COURSE VIDEO WORKBOOK FOR EVELYN WOOD FREIGHT SALES TAX SUPPLIES FOR KITE DAY MAY 16 909 197-5072 GENERAL USAGE 909 506-1941 GENERAL USAGE 909 699-2811 GENERAL USAGE 909 699-8632 GENERAL USAGE 001-150-999-5261 001-150-999-5261 001-150-999-5261 001-150-999-5261 190-183-999-5370 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 199.95 47.50 12.00 20.11 160.00 4,399.10 56.85 1,521.21 28.96 279.56 160.00 6,006.12 55788 05/20/99 000192 GLOBAL COMPUTER SUPPLIE (12) 25' PATCH CABLE 320-199-999-5221 119.88 55788 05/20/99 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5221 10.50 VOUCHRE2 05/20/99 VOUCHER/ CHECK NUMBER 55788 55789 55790 55790 55791 55792 55793 55794 55795 55796 55797 55797 55797 55797 55797 55798 55799 55800 55801 55802 55802 55802 55803 55804 55805 55805 55806 55807 55808 55809 09:59 CHECK DATE 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 VENDOR NUMBER 000192 001517 000193 000193 001407 003280 001091 000205 001282 001282 001282 001282 001282 001719 001982 002187 000996 003678 003678 003678 002952 001384 001384 000915 002139 002105 VENDOR NAME GLOBAL COMPUTER SUPPL I E HEALTH & HUMAN RESOURCE ICMA ICMA INTER VALLEY POOL SUPPL IOMA'S REPORT ON MANAGI JON LASKIN BAND K & E ENTERPRISES KEYSER MARSTON ASSOCIAT KIDS PARTIES, ETC. KNORR SYSTEMS, INC KNORR SYSTEMS, INC KNORR SYSTEMS, INC KNORR SYSTEMS, INC KNORR SYSTEMS, INC L P A, INC. L WILL[AMS LANDSCAPE, I LAKE ELS[NORE ANIMAL FR LOCAL GOVERNMENT PUBLIC MILLENNIUM Ill SYSTEMS, MILLENNIUM Ill SYSTEMS, MILLENNIUM Ill SYSTEMS, MINEGAR FAMILY TRUST MINOLTA BUSINESS SYSTEM MINUTEMAN PRESS MINUTEMAN PRESS MOODY CONSTRUCTION NATIONAL NOTARY ASSOCIA NORTH COUNTY TIMES - AT OLD TOWN TIRE & SERVICE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SALES TAX MAY: EMPLOYEE ASSIST PRGM 1999 MUNICIPAL YEAR BOOK ICMA SHIPPING AND HANDLING CRC POOL SANITIZING CHEMICALS ANNUAL SUBSCRIPTION:A/P NWSLTR DEPOSIT FOR 6/27 CONCERT REFUND: DEPOSIT LD98-O39GR APR CONSULTING SVCS:SHUTTLE TCC EVENT:PRTY JUMP/FACE PAINT WATER TEST KIT SUPPLIES:CRC WATER TEST KIT SUPPLIES:CRC WATER TEST KIT SUPPLIES:CRC FREIGHT SALES TAX APR DESIGN SVCS:LIBRARY PRJT TREE TRIMMING: DUCK POND APRIL 99 ANIMAL CONTROL SVCS PUB:CA LAND USE 2d UPDATE COMP.SOFTWARE:PHOTO PAINT COMP.SOFT~ARE:PAGEMAKER SALES TAX REFUND: ENG.DEPOSIT:LD98-OO4GR JUN LEASE OF COPIER:CRC BUSINESS CARDS:T.HAFELI SALES TAX REFUND: PLANS/SPECS-MAINT.FAC. MEMBERSHIP: M.BALLREICH: 3 YRS ANNUAL SUBSCRIPT[ON:H.PARKER CITY VEHICLE REPAIRS & MAINT ACCOUNT NUMBER 320-199-999-5221 001-150-999-5248 001-150-999-5228 001-150-999-5228 190-182-999-5212 001-140-999-5228 190-183-999-5370 001-2670 280-199-999-5250 190-183-999-5320 190-183-999-5310 190-183-999-5310 190-183-999-5310 190-183-999-5310 190-183-999-5310 210-199-129-5802 190-180-999-5415 001-172-999-5255 001-161-999-5228 320-199-999-5221 320-199-999-5221 320-199-999-5221 001-2670 190-182-999-5239 320-199-999-5220 320-199-999-5220 001-199-4053 001-120-999-5226 190-1990 190-180-999-5214 ITEM AMOUNT 9.66 401.15 59.95 8.00 355.58 217.95 200.00 995.00 2,586.25 160.00 24.30 21.20 21.20 4.25 5.16 1,810.25 4,800.00 2,276.65 99.26 349.00 649.00 77.35 995.00 162.70 103.42 8.02 25.00 79.00 84.00 71.29 PAGE 4 CHECK AMOUNT 140.04 401.15 67.95 355.58 217.95 200.00 995.00 2,586.25 160.00 76.11 1,810.25 4,800.00 2,276.65 99.26 1,075.35 995.00 162.70 111.44 25.00 79.00 84.00 VOUCHRE2 05/20/99 09:59 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 55809 55809 5581O 55811 55812 55812 55812 55812 55813 55813 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 002105 002105 002344 001354 001383 001383 001383 001383 003218 003218 OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OSVOLD, HEIDA P C MAGAZINE P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. PELA PELA CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT REIMBURSE:SIERRA CF:4/19-23/99 ANNUAL SUBSCRIPTION:T.HAFELI APR CONSULTING SVCS:WHISENAND APR CONSULTING SVCS:WHISENAND APR CONSULTING SVCS:WHISENAND APR CONSULTING SVCS:WHISENAND LDSCP PLAN CHECK SVCS:TCSD LDSCP PLAN CHECK SVCS:TCSD 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 55814 05/20/99 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 05/20/99 05/20/99 05/20/99 55816 55816 55816 PETTY CASH PETTY CASH PETTY CASH 000249 000249 000249 PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 190-180-999-5214 001-162-999-5214 001-161-999-5261 320-199-999-5228 165-199-999-5248 280-199-999-5248 001-111-999-5248 001-111-999-5248 191-180-999-5248 193-180-999-5248 001-2130 001-2390 165-2390 190-2130 190-2390 191-2390 192-2390 193-2390 194-2390 280-2130 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 191-2130 192-2130 193-2130 194-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-162-999-5220 001-101-999-5280 001-162-999-5214 153.46 383.44 190.67 29.97 1,558.87 1,558.87 550.19 .01 1,665.00 900.00 11.13 25,396.29 693.64 3.01 3,996.13 13.28 33.93 404.35 196.69 .90 301.77 130.52 657.78 142.40 491.04 100.64 2.81 5.62 39.33 8.43 85.66 1.87 14.81 .05 .14 1.51 .84 .92 .46 1.86 .93 2.18 6.13 71.60 3.67 608.19 190.67 29.97 3,667.94 2,565.00 32,740.92 VOUCHRE2 05/20/99 09:59 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 55816 55816 55816 55816 55816 55816 55816 55816 55816 55816 55816 55816 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 001-101-999-5280 190-184-999-5301 001-171-999-5261 001-140-999-5260 190-183-999-5320 001-150-999-5265 001-162-999-5261 001-110-999-5208 190-183-999-5370 001-100-999-5260 001-150-999-5260 001-1990 45.37 13.54 15.00 13.95 12.73 49.87 20.97 24.00 32.60 20.00 12.39 14.62 356.44 55817 55817 55817 05/20/99 05/20/99 05/20/99 000254 000254 000254 PRESS-ENTERPRISE COHPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: PW99-04 PUBLIC NOTICE: PA 99-160 PUBLIC NOTICE: PA99-0104 001-120-999-5256 001-161-999-5256 001-161-999-5256 36.50 16.00 16.75 69.25 55818 55819 55819 55819 55819 55820 55820 55820 55820 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 002776 002776 002776 002776 000947 000947 000947 000947 PREVOST CONSTRUCTION, I PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. PRIME MATRIX, INC. RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C REFUND: ENG.DEPOSIT:LD98-O45GR APR:SC-5001339-O:LINDEMANS APR:SC-5001377-O:SR.VAN APR:SC-5002330-8:CITY VAN APR:SC-5003948-6:INFO.SYS. DUPL.BLUEPRINTS:WINCH. MEDIAN DUPL.BLUE PRINTS:MAINT.FAC. DUPL.BLUE PRINTS:MAINT.FAC. DUPL.BLUE PRINTS:MAINT,FAC. 001-2670 001-100-999-5208 190-180-999-5208 190-180-999-5208 320-199-999-5208 210-1990 210-190-158-5802 210-190-158-5802 210-190-158-5802 995.00 55.39 44.35 27.20 27.20 3.23 55.60 9.69 54.40 995.00 154.14 122.92 55821 55821 55821 55821 55822 55823 55823 55823 55823 55823 55824 55825 55825 55826 55826 55826 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 000262 000262 000262 000262 001046 001592 001592 001592 001592 001592 OOO873 002743 002743 002285 002285 002285 RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER REXON, FREEDMAN, KLEPET RIVERSIDE CO. INFORMATI RIVERSIDE CO. INFORMATI RIVERSIDE CO. INFORMATI RIVERSIDE CO. INFORMATI RIVERSIDE CO. INFORMATI ROBERTS, RONALD H. SAFE & SECURE LOCKSMITH SAFE & SECURE LOCKSMITH SCANTRON CORPORATION SCANTRON CORPORATION SCANTRON CORPORATION MAY:01-08-05837-6:C. CHRISTINA MAY:VARIOUS WATER METERS MAY:VARIOUS WATER METERS MAY:VARIOUS WATER METERS APR 99 PROF. LEGAL SERVICES FEB EMERG. RADIO RENTAL:P.D. JAN EMERG. RADIO RENTAL:P.D. MAR EMERG. RADIO RENTAL:P.D. EMERGENCY RADIO RENTAL:P.D. EMERG.RADIO RENTAL:CODE ENFORC RB:LEGISLATIVE DAY CF:4/26-27 LOCKSMITH SERVICES:MAINT. FAC. LOCKSMITH SERVICES:PALA PARK SCANTRON FORMS:B&S FREIGHT SALES TAX 165-199-999-5449 190-180-999-5240 191-180-999-5240 193-180-999-5240 001-130-999-5247 001-170-999-5238 001-170-999-5238 001-170-999-5238 001-170-999-5238 001-162-999-5238 001-100-999-5258 340-199-702-5212 190-180-999-5212 001-162-999-5222 001-162-999-5222 001-162-999-5222 7.38 1,164.00 72.50 993.52 614.25 205.64 205.64 205.64 705.04 169.51 58.10 50.00 86.72 1,368.00 57.76 106.49 2,237.40 614.25 1,491.47 58.10 136.72 1,532.25 VOUCHRE2 05/20/99 VOUCHER/ CHECK NUMBER 55827 55828 55828 55829 55830 55831 55831 55831 55831 55831 55831 55831 55831 55831 55831 55831 55831 55832 55832 55833 55833 55834 55834 55835 55836 55837 55837 55837 55838 55838 55839 55840 55841 55841 09:59 CHECK DATE 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 05/20/99 VENDOR NUMBER 003548 000645 000645 003002 000824 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 001212 001212 003449 003449 000305 000305 003675 003665 002111 002111 002111 000319 000319 000321 000345 000345 VENDOR NAME SKY CANYON ENTERPRISES, SMART & FINAL, INC. SMART & FINAL, INC. SMOOTHILL SPORTS DISTRI SOUTHERN CALIF ASSOC OF SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP T H E SOILS COMPANY T H E SOILS COHPANY TARGET STORE TARGET STORE TECH 101/ARCUS, INC, TELCO COMMUNICATIONS GR TOGO'S TOGO'S TOGO'S TOMARK SPORTS, INC. TOMARK SPORTS, INC. UBNOSKE, DEBBIE VIERS, ROBERT XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MAY-JUN HANGAR RENTALS:MUSEUM RECREATION CLASS SUPPLIES REFRESHMENTS:"MAKE DIFFERENCE" MISC. SKATEPARK EQUIPMENT MEMBERSHIP:S,NELSON:FY 99-00 MAY:2-17-214-O428:MEADOWS PKWY MAY:VARIOUS METERS MAY:2-17-O38-O802:MARGARITA MAY:2-10-747-1393:MONROE PED MAY:2-18-363-1902:PAUBA TCl MAY:2-19-249-3989:MARGARITA LS MAY:2-OO-397-5059:COMM SVC UTL MAY:2-O1-202-7530:VARIOUS MTRS MAY:2-O1-202-7603:ARTERIAL STL MAY:2-O5-791-8807:VARIOUS MTRS CREDIT: INCORRECT BILLING GO664/77-1999-O3675:BEDFORD TC MAY:O91-O24-9300-5:CRC MAY:O95-167-7907-2:STN #84 APR PROF.SVCS:DUCK POND IMPROV SITE ASSESSMENT:OT PARKING LOT MISC RECREATION SUPPLIES MISC RECREATION SUPPLIES DIGITAL CAMERA:CODE ENFORCEMNT MAY LONG DISTANCE PROVIDER REFRESHMENTS:CRIME FREE CERTIF SALES TAX REFRESHMENTS:CRIME FREE CERTIF REPAIR BSKTBLL SCOREBOARDS:CRC ADDtL SCOREBOARD REPAIR CHRGS REIMB:PLANNER~S INSTITUTE:3/26 REFUND: SECURITY DEPOSIT FEB-APR COPIER BASE CHRG:5343 MAY COPIER USAGE:5765 ACCOUNT NUMBER 190-185-999-5250 190-183-999-5320 194-180-999-5254 190-183-999-5305 001-100-999-5226 191-180-999-5319 191-180-999-5319 190-180-999-5240 190-199-999-5240 191-180-999-5319 191-180-999-5319 190-180-999-5240 192-180-999-5319 191-180-999-5319 191-180-999-5319 190-180-999-5240 191-180-999-5319 190-182-999-5240 001-171-999-5240 210-190-143-5804 280-199-999-5250 190-180-999-5301 190-180-999-5301 001-162-999-5440 320-199-999-5208 001-110-999-5223 001-110-999-5223 001-110-999-5223 190-182-999-5212 190-182-999-5212 001-161-999-5258 190-2900 330-199-999-5217 330-199-999-5239 ITEM AMOUNT 1,120.50 150.19 97.37 819.37 2,414.00 152.95 601.81 55.90 17.31 69.99 121.14 16,868.54 25,237.09 9,225.15 4,155.94 10,537.07- 1,355.70 1,438.17 95.04 1,175.00 1,750.00 46.49 16.16 860.92 1,404.35 200.00 15.50 23.08 600.00 215.50 1.17 100.00 728.32 267.04 PAGE 7 CHECK AMOUNT 1,120.50 247.56 819.37 2,414.00 47,324.45 1,533.21 2,925.00 62.65 860.92 1,404.35 238.58 815.50 1.17 100.00 995.36 TOTAL CHECKS 211,998.11 VOUCHRE2 05/27/99 11:07 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 72w837.96 26#754.31 28,328.70 210.86 1,235.83 10,783.18 1o258.34 54,808.40 5~179.30 122.59 4~343.34 361.00 2,449.65 TOTAL 208,673.46 VOUCHRE2 05/27/99 11: 07 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 55842 05/21/99 002185 55842 05/21/99 002185 55842 05/21/99 002185 55843 05/24/99 002541 55843 05/24/99 002541 55843 05/24/99 002541 569437 05/27/99 002910 55846 05/27/99 002410 55846 05/27/99 002410 55846 05/27/99 002410 55846 05/27/99 002410 55847 0~/27/99 001700 55848 05/27/99 002506 55849 05/27/99 002085 55850 05/27/99 003466 55850 05/27/99 003466 55851 05/27/99 002541 55852 05/27/99 55853 05/27/99 003595 55854 05/27/99 55855 05/27/99 001006 55855 05/27/99 001006 55856 05/27/99 55857 05/27/99 001655 55858 05/27/99 003099 55859 05/27/99 002534 55859 05/27/99 002534 55860 05/27/99 55860 05/27/99 55861 05/27/99 000135 55861 05/27/99 000135 55861 05/27/99 000135 55861 05/27/99 000135 VENDOR NAME POSTMASTER - TEMECULA POSTMASTER - TEMECULA POSTMASTER - TEMECULA BECKER, WALTER KARL BECKER, WALTER KARL BECKER, WALTER KARL FIDELITY NATIONAL TITLE A WOMAN'S TOUCH BUILDIN A WOMAN'S TOUCH BUILDIN A WOMAN'S TOUCH BUILDIN A WOMAN~S TOUCH BUILDIN A+ TEACHING MATERIALS BAILEYeS BLINDS & DRAPE BARNEY & BARNEY BASKET & BALLOONS TOO) BASKET & BALLOONS TOO) BECKER, WALTER KARL BENDIG, DONNA BRIDLEVALE HOA BURRITT, VICKI BURTRONICS BUSINESS SYS BURTRONICS BUSINESS SYS CALVET, AL CAMERON WELDING SUPPLY CAMPOS VERDE LLC CATERERS CAFE~ THE CATERERS CAFE, THE CENTER ATTRACTIONS CENTER ATTRACTIONS CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT DESCRIPTION NUMBER POSTAGE:PUBLIC NOTICES:TCSD POSTAGE:PUBLIC NOTICES:TCSD POSTAGE:PUBLIC NOTICES:TCSD 192-180-999-5256 193-180-999-5256 194-180-999-5256 A.C. CUTTING:41740 ENTERPRISE · 001-164-601-5402 A.C.CUTTING: VARIOUS LOCATIONS REMOVE SILT: VIA LOBO CHANNEL 1ST TIME HOMEBUYER:CILURZO,E. JANITORIAL SVS:MARGARITA PARK JANITORIAL SVCS: CITY PARKS JANITORIAL SVCS: CITY PARKS JANITORIAL SVCS:WINCHESTER CRK MISC SUPPLIES-TINYTOTS/DAYCAMP BLINDS IN FIRE MARSHALL OFFICE INSURANCE POLICY:COMMERCIAL PROMOTIONAL MKTG BASKETS PRGM PROMOTIONAL BASKETS-MKT PRGM REPAIR DRAIN/SIDEWALK OLD TWN REFUND: GOLF LESSONS BEG JUN:HOA(298)ASSESS:C.CHRISTINA REFUND: GYMNASTICS-BEG TUMB MICROFICHE LAMPS IN MAP ROOM SALES TAX REFUND: DOG-OBED-PUPPY WELDING SERVS & SUPPLIES PRO-RATED PROPERTY TAXES:CANYO REFRESHMENTS:HOUSING ELEMENT REFRESHMENTS: TECH MTG 5/13 REFD:TEMP USE PERMIT PA99-0144 REFD:TEMP USE PERMIT PA99-0144 STREET SIGNS & MISC HARDWARE STREET SIGNS & MISC HARDWARE STREET SIGNS & MISC HARDWARE STREET SIGNS & MISC HARDWARE 001-164-601-5402 001-164-601-5401 165-199-999-5449 190-180-999-5250 190-180-999-5250 001-164-603-5250 190-180-999-5250 190-183-999-5340 340-199-702-5250 300-199-999-5204 001-111-999-5270 001-111-999-5270 001-164-601-5402 190-183-4982 165-199-812-5804 190-183-4982 330-199-999-5217 330-199-999-5217 190-183-4982 190-184-999-5301 210-1290 001-161-999-5260 001-161-999-5260 001-161-4125 001-163-4388 001-164-601-5244 001-164-601-5244 001-164-601-5244 001-164-601-5244 ITEM AMOUNT 1,233.33 1,233.33 1,233.34 1,704.00 1,316.00 4,935.00 23,000.00 105.50 1,722.00 211.00 211.00 33.49 47.36 26.00 63.94 21.55 4~995.00 95.00 32.00 50.00 48.30 3.74 49.00 28.34 5,580.67 19.58 11.60 176.00 14.00 2,468.84 1,881.67 672.36 113.14 PAGE 1 CHECK AMOUNT 3,700.00 7,955.00 23,000.00 2,249.50 33.49 47.36 26.00 85.49 4,995.00 95.00 32.00 50.00 52.04 49.00 28.34 5,580.67 31.18 190.00 5,136.01 VOUCHRE2 05/27/99 11:07 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 55862 05/27/99 55862 05/27/99 55862 05/27/99 000137 000137 000137 CHEVRON U S A INC. CHEVRON U S A INC. CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES 001-110-999-5263 001-164-604-5263 001-1990 26.02 113.36 21.09 160.47 55863 05/27/99 55863 05/27/99 55863 05/27/99 55864 05/27/99 001193 001193 001193 000442 COMP USA, INC. COMP USA, INC. COMP USA, INC. COMPUTER ALERT SYSTEMS (8) TOSH POWER ADAPTERS FREIGHT SALES TAX C.HALL SVC CALL:OUTDOOR SIREN 320-199-999-5242 320-199-999-5242 320-199-999-5242 340-199-701-5212 544.00 15.00 42.16 65.00 601.16 65.00 55865 05/27/99 55866 05/27/99 55866 05/27/99 55867 05/27/99 55868 05/27/~9 001923 002932 002932 CONVERSE CONSULTANTS CROWN CARPET & DRAPERIE CROWN CARPET & DRAPERIE CUNDALL, SARAH J. CYSTIC FIBROSIS FOUNDAT APR GEOTECHNICAL SVCS:MARGARIT CiTY HALL-INSTALL STAIR TREADS CITY HALL CARPET INSTALLATION REFUND: LIFEGUARD TRAINING REFUND: SECURITY DEPOSIT 210-190-154-5804 340-199-701-5250 340-199-701-5250 190-183-4975 190-2900 1,251.50 1,220.00 143.75 185.00 100.00 1,251.50 1,363.75 185.00 100.00 55869 05/27/99 003272 DAISY WHEEL RIBBON COMP GIS PLOTTER PAPER SUPPLY 001-161-610-5220 981.69 981.69 55870 05/27/99 001393 DATA TICKET, INC. 55870 05/27/99 001393 DATA TICKET, INC. 55870 05/27/99 001393 DATA TICKET, INC. 55870 05/27/99 001393 DATA TICKET, INC. 55871 05/27/99 002954 DIAMOND GARAGE DOOR, IN 55872 05/27/99 DUCKWILER, LOURDES 55873 05/27/99 001669 DUNN EDWARDS CORPORATIO MAR PARKING CITATION PROCESS MAR PARKING CITATION PROCESS APRIL HEARING OFFICERS SVCS APRIL HEARING OFFICERS SVCS RESIDENTIAL IMPROV: AULBACH,A. REFUND: MUSIC-INSTANT PIANO RE-CYCLED PAINT & MISC.SUPPLYS 001-140-999-5250 001-170-999-5250 001-140-999-5250 001-170-999-5250 165-199-813-5804 190-183-4980 001-164-601-5218 197.88 197.87 70.00 70.00 640.00 25.00 242.22 535.75 640.00 25.00 242.22 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55874 05/27/99 001380 E S 55875 05/27/99 002438 55876 05/27/99 001056 55876 05/27/99 001056 55876 05/27/99 001056 55876 05/27/99 001056 55876 05/27/99 001056 55876 05/27/99 001056 EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC EMPLOYMENT SERVIC ENGEN CORPORATION EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE TEMP HELP W/E 5/7 MILES TEMP HELP W/E 5/7 MILES TEMP HELP W/E 5/7 MILES TEMP HELP W/E 05/07 THORNSLEY TEMP HELP W/E 05/07 DEGANGE TEMP HELP W/E 05/07 HILLBERG TEMP HELP W/E 05/07 SERVEN TEMP HELP W/E 05/07 SERVEN TEMP HELP W/E 05/07 SERVEN TEMP HELP W/E 5/7 BESWICK MAR/APR GEOTECHNICAL:WlNCH MED APR LDSCP REPAIRS: SIXTH ST APR LDSCP REPAIRS: SIXTH ST APR LDSCP REPAIRS: VILLAGES APR LDSCP SPRAY: VINTAGE HILLS APR LDSCP REPAIRS: WOODCREST APR LDSCP REPAIR: TRADEWINDS 001-163-999-5118 001-165-999-5118 001-164-604-5118 001-161-999-5118 001-161-999-5118 165-199-999-5118 001-164-603-5118 190-180-999-5118 193-180-999-5118 001-165-999-5118 210-165-686-5804 001-164-603-5415 001-164-603-5415 193-180-999-5212 193-180-999-5212 193-180-999-5212 193-180-999-5212 324.53 324.53 324.54 2,177.10 2,858.40 1,257.60 375.84 375.84 742.72 960.96 670.00 396.00 396.00 275.00 200.00 180.82 1,160.00 9,722.06 670.00 VOUCHRE2 05/27/99 ': 1:07 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 55876 05/27/99 001056 EXCEL LANDSCAPE 55876 05/27/99 001056 EXCEL LANDSCAPE 55876 05/27/99 001056 EXCEL LANDSCAPE 55876 05/27/99 001056 EXCEL LANDSCAPE 55876 05/27/99 001056 EXCEL LANDSCAPE 55876 05/27/99 001056 'EXCEL LANDSCAPE APR LDSCP IMPROV: CALLE ARAGON APR LDSCP IMPROV: CALLE ARAGON APR LDSCP IMPROV: SADDLEWOOD APR LDSCP REPAIRS:WOODCREST APR LDSCP REPAIRS:RANCHO VISTA APR LDSCP REPAIRS:NORTH/SOUTH 190-180-999-5415 190-180-999-5415 193-180-999-5415 193-180-999-5212 193-180-999-5212 190-180-999-5212 225.00 50.00 2,700.00 31.72 169.88 162.91 5,947.33 55877 05/27/99 002037 EXPANETS 55877 05/27/99 002037 EXPANETS 55877 05/27/99 002037 EXPANETS TELEPHONE REPAIRS: CITY HALL TELEPHONE REPAIRS: CITY HALL TELEPHONE REPAIRS: CITY HALL · 320-199-999-5215 320-199-999-5215 320-199-999-5215 44.00 88.00 88,00 220.00 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS 55878 05/27/99 000165 FEDERAL EXPRESS INC. EXPRESS MAIL SERVICES 001-165-999-5230 INC. EXPRESS MAIL SERVICES 001-140-999-5230 INC. EXPRESS MAIL SERVICES 001-162-999-5230 INC. EXPRESS MAIL SERVICES 001-150-999-5230 INC. EXPRESS MAIL SERVICES 280-199-999-5230 INC. EXPRESS MAIL SERVICES 190-180-999-5230 INC. EXPRESS MAIL SERVICES 190-180-999-5230 INC. EXPRESS MAIL SERVICES 001-111-999-5230 INC. EXPRESS MAIL SERVICES 001-162-999-5230 INC. EXPRESS MAIL SERVICES 001-165-999-5230 INC. EXPRESS MAIL SERVICES 001-164-604-5230 83.75 14.00 44.75 12.75 12.75 14.75 12.75 22.75 12.75 29. O0 57.75 317.75 55879 05/27/99 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT: QUAIL SLOPE 165-199-813-5804 150.00 150.00 55880 05/27/99 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS 001-150-999-5250 580.00 580.00 55881 05/27/99 FOX, DENNIS REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 55882 05/27/99 FRIENDS OF THE ESTUARY MANUAL:EROSION-SEDIMENT CNTRL 001-164-604-5228 27.00 27. O0 55883 05/27/99 000184 G T E CALIFORNIA - PAYM 909 676-0783 GENERAL USAGE 320-199-999-5208 55883 05/27/99 000184 G T E CALIFORNIA - PAYM 909 676-6243 PALA COMM PRK 320-199-999-5208 55883 05/27/99 000184 G T E CALIFORNIA - PAYM 909 694-4354 PALA COMM PRK 320-199-999-5208 55883 05/27/99 000184 G T E CALIFORNIA - PAYM 909 695-3564 ALARM 320-199-999-5208 55883 05/27/99 000184 G T E CALIFORNIA - PAYM 909 699-7945 CRC FIRE ALARM 320-199-999-5208 51.29 28.42 31.05 55.20 54.92 220.88 55884 05/27/99 002141 GEIS, PAUL POLICE MOTORCYCLE REPAIRS 001-170-999-5214 55884 05/27/99 002141 GEIS, PAUL POLICE MOTORCYCLE REPAIRS 001-170-999-5214 140.00 140.00 280.00 55885 05/27/99 003446 GIS WORLD ONE YEAR SUBSCRIPTION:GEOWORLD 001-161-999-5228 72.00 72.00 55886 05/27/99 001697 HALL, NANCY LEE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 128.00 128.00 55887 05/27/99 002409 HAZ PAK INC. 55887 05/27/99 002409 HAZ PAK INC. HAZARDOUS WASTE PICK-UP:APRIL 001-164-601-5430 HAZARDOUS WASTE PICK-UP:APRIL 001-164-601-5430 499.00 476.30 975.30 55888 05/27/99 003624 HOWELL, ANN MARIE GRAPHIC DESIGNER-MKT PRGM 001-111-999-5270 55888 05/27/99 003624 HOWELL, ANN MARIE GRAPHIC DESIGNER-MKT PRGM 001-111-999-5270 53.34 113.14 55889 05/27/99 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,649.36 166.48 VOUCHRE2 05/27/99 VOUCHER/ CHECK NUMBER 55889 55889 55889 55890 55890 55891 55892 55893 55893 55894 55895 55895 55896 55897 55898 55898 55898 55898 55898 55898 55899 55900 55901 55902 55903 55904 55904 55905 55905 55905 55905 55905 55905 55905 55905 11:07 CHECK DATE 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/~9 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 VENDOR NUMBER 000194 000194 000194 002268 002268 001407 000199 003223 002023 002023 003361 002779 003260 003260 003260 003260 003260 003260 001534 003605 000213 000996 000394 000394 000394 001967 001967 001967 001967 001967 001967 001967 001967 VENDOR NAME I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS INSUPCO INSUPCO INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC ITALIAN AMERICAN CLUB 0 ITALIAN AMERICAN CLUB 0 K E A ENVIRONMENTAL, IN 'KING, WENDE KING, WENDE KOOL SOUNDS KUHNS, ALLIE LA CRESTA PLASTIC FENCE LA CRESTA PLASTIC FENCE LA CRESTA PLASTIC FENCE LA CRESTA PLASTIC FENCE LA CRESTA PLASTIC FENCE LA CRESTA PLASTIC FENCE LA MASTERS OF FINE TRAV LAKE ELSINORE STORM LOCAL GOVERNMENT COMMIS LOCAL GOVERNMENT PUBLIC MAINTENANCE SUPERINTEND .MAINTENANCE SUPERINTEND MAINTENANCE SUPERINTEND MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP LIGHT BAR - NEW TRUCK SALES TAX CRC POOL SANITIZING CHEMICALS 000199 IRS GARN REFUND: SECURITY/ROOM RENTAL REFUND: SECURITY/ROOM RENTAL APR BIOLOGICAL SVCS:PALA RD BR TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS DJ SVCS FOR CITY PICNIC REIMB:VOORBURG STATION PICTURE FENCE POST:K.HINTERGARDT PRK FENCE CAPS:K.HINTERGARDT PRK FREIGHT FENCE POST CAPS: DUCK POND FENCE RACK BRACKETS:DUCK POND SALES TAX SVC CHRG:CANCEL TICKET AQFFTJ DEPOSIT:25 PROFIT BOX 8/7/99 PUB: LIVABLE PLACES UPDATE PUB: LONGTIN'S CAL LAND USE 2d MSA EQUIP.SHOW:MAINT.CREW:6/23 ANNUAL MEMBERSHIP:BURON/HUGHES ANNUAL MEMBERSHIP:BURON/HUGHES TEMP HELP (2)W/E 4/25 COOK TEMP HELP (2)W/E 4/25 COOK TEMP HELP (2)W/E 4/25 BELIAN TEMP HELP (2)W/E 4/25 BELIAN TEMP HELP W/E 4/25 LUQUE TEMP HELP W/E 4/25 LUQUE TEMP HELP W/E 5/09 COOK TEMP HELP W/E 5/09 COOK ACCOUNT NUMBER 165-2080 190-2080 280-2080 001-162-999-5215 001-162-999-5215 190-182-999-5212 001-2140 190-2900 190-183-4990 210-165-631-5801 190-183-999-5330 190-183-999-5330 001-150-999-5265 001-101-999-5280 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 001-140-999-5258 190-183-999-5350 001-161-999-5228 001-100-999-5228 001-164-601-5260 001-164-601-5226 001-164-604-5226 001-165-999-5118 001-164-604-5118 001-171-999-5118 001-162-999-5118 190-182-999-5118 340-199-701-5118 001-165-999-5118 001-164-604-5118 ITEM AMOUNT 18.75 100.00 6.25 271.85 21.07 237.05 295.77 100.00 32.00 1,569.50 391.00 365.60 300.00 145.29 250.00 45.00 22.85 450.00 1,060.00 117.03 15.00 125.00 15.00 99.26 25.00 35.00 15.00 367.83 367.83 557.28 371.52 84.56 42.28 232.20 232.20 PAGE 4 CHECK AMOUNT 1,774.36 292.92 237.05 295.77 132.00 1,569.50 756.60 300.00 145.29 1,944.88 15.00 125.00 15.00 99.26 25.00 50.00 VOUCHRE2 CITY OF TEMECULA 05/27/99 11:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 55905 05/27/99 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 5/09 LUQUE 340-199-701-5118 55905 05/27/99 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 5/09 BROMMET 001-150-999-5118 55905 05/27/99 001967 'MANPOWER TEMPORARY SERV TEMP HELP (2)W/E 5/09 BELIAN 001-171-999-5118 55905 05/27/99 001967 MANPOWER TEMPORARY SERV TEMP HELP (2)W/E 5/09 BELIAN 001-162-999-5118 55906 05/27/99 003669 MC SERVICES RES.IMPROVEMENT PRGM:SMITH 165-199-813-5804 55907 05/27/99 000843 MCDANIEL ENG. APR PROF.SVCS:PALA RD:97-15 210-165-631-5802 55908 05/27/99 MESSNER, GARY REFUND: LANDSCAPE PLAN CHECK 001-161-4370 55909 05/27/99 003241 MILLAR HEATING & AIR, I HVAC REPAIR:CRC 190-182-999-5250 211.40 220.59 501.55 334.37 1,250.00 2,106.85 1,035.00 45.00 3,523.61 1,250.00 2,106.85 1,035.00 45.00 55910 05/27/99 001384 MINUTEMAN PRESS BUSINESS CARDS:RODRIGUEZ/BLANK 001-162-999-5222 82.43 82.43 55911 05/27/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 55911 05/27/99 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-170-999-5262 001-164-601-5263 188.14 44.29 232.43 55912 05/27/99 003139 NATIONAL COMMUNICATIONS INSTALL COMPUTER ROOM CABLE 320-199-999-5250 675.00 675. O0 55913 05/27/99 002292 OASIS VENDING 55913 05/27/99 002292 OASIS VENDING MAY COFFEE/KITCHEN SUPPLY SVCS 340-199-701-5250 MAY COFFEE/KITCHEN SUPPLY SVCS 340-199-702-5250 350.78 116.93 467.71 55914 05/27/99 002100 OBJECT RADIANCE, INC. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 436.80 436.80 55915 05/27/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-165-999-5214 55915 05/27/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 55915 05/27/~9 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 55915 05/27/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 55915 05/27/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-604-5214 55915 05/27/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 55915 05/27/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-604-5214 55915 05/27/99 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 55916 05/27/99 002652 OSCAR~S REFRESHMENTS:VOORBURG FIREMEN 001-101-999-5280 55916 05/27/99 002652 OSCAR'S REFRESHMENTS:VOORBURG FIREMEN 001-101-999-5280 55917 05/27/99 003021 PACIFIC BELL MOBILE SER MISC PHONE EQUIPMENT:CITY HALL 55918 05/27/99 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 55919 05/27/99 003499 PETER VAN GAALE & SONS 002498 PETRA GEOTECHNICAL, INC 55920 05/27/99 55921 05/27/99 002861 PETSMART 55922 05/27/99 000249 PETTY CASH 55922 05/27/99 000249 PETTY CASH 55922 05/27/99 000249 PETTY CASH 55922 05/27/99 000249 PETTY CASH FACADE IMPROVEMENT PRG:WEBSTER GEOTECHNICAL SVCS:MAINT, FAC. FOOD & SUPPLIES FOR POLICE K-9 PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 320-199-999-5242 001-2122 280-199-813-5804 001-162-999-5248 001-170-999-5327 001-164-601-5215 001-161-999-5260 190-180-999-5212 001-162-999-5220 15.95 76.27 52.92 155.76 224.01 189.34 64.33 47.19 253.88 211.55 533.36 73.84 5,000.00 800.00 100.18 14.00 59.21 10.73 32.75 825.77 465.43 533.36 73.84 5,000.00 800.00 100.18 VOUCHRE2 CITY OF TEMECULA 05/27/99 11:07 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 42.00 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 45.85 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-101-999-5280 27.33 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 4.62 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 15.99 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-120-999-5277 17.65 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5263 10.01 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 6.00 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 42.51 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 10.31 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 5.06 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5258 41.76 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-165-999-5220 15.57 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5261 14.45 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5301 13.34 55922 05/27/99 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 7.18 55922 05/27/99 000249 'PETTY CASH PETTY CASH REIMBURSEMENT 001-111-999-5260 25.00 461,32 55924 05/27/99 002185 POSTMASTER - TEMECULA BULK MAIL CHARGE:REC.BROCHURES. 190-180-999-5230 2,524.45 2,524.45 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN CIP CONST.UPDATE ADS:PW 001-165-999-5256 176.00 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN PLANNING COMM.DISPLAY ADS 001-120-999-5254 112.00 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN CINCO DE MAYO DISPLAY AD:TCC 190-180-999-5254 84.00 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE:JAMES LDAY 001-120-999-5256 19.75 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE:PA98-0511 001-161-999-5256 19.75 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN REISSUE OF CK #55208 001-150-999-5254 883.80 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN REISSUE OF CK #55208 001-161-999-5256 37.00 55925 05/27/99 000254 PRESS-ENTERPRISE COMPAN REISSUE OF CK #55208 001-120-999-5256 82.72 1,415.02 55926 05/27/99 002110 PRIME EQUIPMENT EQUIPMENT RENTAL:MAINT.CREW 001-164-601-5238 26.94 55926 05/27/99 002110 PRIME EQUIPMENT EQUIPMENT RENTAL:VARIOUS PARKS 190-180-999-5238 32.34 55926 05/27/99 002110 PRIME EQUIPMENT EQUIPMENT RENTAL:PW MAINT.CREW 001-164-601-5238 59.88 119.16 55927 05/27/99 003303 PROFESSIONAL DISPLAYS 0 TRADESHOW BOOTH DESIGN SVCS 001-111-999-5270 75.00 55927 05/27/99 003303 PROFESSIONAL DISPLAYS 0 SALES TAX 001-111-999-5270 6.19 81.19 55928 05/27/99 QUINLAN, PAULINE REFUND: TENNIS - INT/AD 190-183-4980 25,00 25.00 55929 05/27/99 002612 RADIO SHACK, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 119.46 119.46 55930 05/27/99 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS AND MISC SUPPLIES 210-165-700-5804 137.38 55931 05/27/~9 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 1,788.94 55931 05/27/99 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 24.83 55931 05/27/99 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 4,056.33 55932 05/27/99 003591 RENES COMMERCIAL MANAGE R-O-W WEED CNTRL:CITYWIDE 001-164-601-5402 2,675.00 55932 05/27/99 003591 RENES COMMERCIAL MANAGE R-O-W WEED CNTRL: CITYWIDE 001-164-601-5402 725.00 55933 05/27/99 003692 RICHARDSON'S R.V. GENERATOR REPAIR:PD TRAILER 001-170-999-5215 580.68 137.38 5,870.10 3,400.00 580.68 VOUCHRE2 05/27/99 VOUCHER/ CHECK NUMBER 55934 55935 55936 55937 55938 55939 55939 55940 55941 55941 55942 55942 55942 55943 55943 55943 55944 55944 55944 55945 55945 55946 55946 55946 55946 55946 55946 55947 55948 55949 55950 55951 55951 55951 11:07 CHECK DATE 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/~9 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 05/27/99 VENDOR NUMBER 002940 000418 000411 000406 003698 000271 000271 000958 002937 002937 002670 002670 002670 000537 000537 000537 001212 001212 001212 VENDOR NAME RIVERSIDE CO OF (GIS SY RIVERSIDE CO. CLERK & R RIVERSIDE CO. FLOOD CON RIVERSIDE CO. SHERIFF~S RIVERSIDE, COUNTY OF ROBERT BEIN, WM FROST & ROBERT BEIN, WM FROST & ROBERT CARAN PRODUCTION SACKETT CONSTRUCTION SACKETT CONSTRUCTION SCHNEIDER-LJUBENKOV, JU SCHNEIDER-LJUBENKOVo JU SCHNEIDER-LJUBENKOV, JU SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP 000574 'SUPERTONER 000574 SUPERTONER 003599 T Y INTERNATIONAL 003599 T Y INTERNATIONAL 003599 T Y INTERNATIONAL 003599 T Y INTERNATIONAL 003599 T Y INTERNATIONAL 003599 T Y INTERNATIONAL 000305 TARGET STORE 003318 TARTAGLIA, MARIO 001022 THOHPSON PUBLISHING GRO 002111 TOGO'S 000319 000319 000319 TOMARK SPORTS, INC. TOMARK SPORTS, INC. TOMARK SPORTS, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 3RD QTR GIS SERVICES RECORDING FEES:WEED ABATEMENT ENCROACHMENT PERMITS:GERTRUDIS BILLING ADJUSTMENT:K.GARWOOD CITY'S PORTION/COSTS:N.KEARNY PROF.ENGINEERING SVCS:RDA EIR PROF.ENGINEERING SVCS:RDA EIR PRODUCER OF FIREWORKS DISPLAY MAINT/REPAIRS:VIA LOBO CHANNEL DRAINAGE FACILITY MAINT:3RD ST TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MAY:2-13-O79-2377:HWY 79 TC1 MAY:2-O2-351-6800:VARIOUS MTRS MAY:2-18-373-9903:MARG. SP-5 MAY:O21-725-O775-4:SENIOR CTR MAY:101-525-O950-O:TCC MAY:133-O40-7373-O:MAINT. FAC. MAY PRINTER MAINT. SVCS REMANUFACTURED LASERJET TONER FEB PROF. SVCS:OVERLAND:95-11 FEB PROF. SVCS:OVERLAND:95-11 APR PROF.SVCS:OVERLAND:95-11 APR PROF.SVCS:PALA RD:97-15 APR PROF.SVCS:PALA RD:97-15 APR CONST.SUPPORT SVCS:PALA RD MISC REC SUPPLIES:TCC TCSD INSTRUCTOR EARNINGS FAIR LABOR STANDARDS HANDBOOK REFRESHMENTS:BUDGET MTGS:5/06 VOLLEYBALL NETS:PALA COMM.PARK FREIGHT SALES TAX ACCOUNT NUMBER 001-161-610-5248 001-120-999-5250 210-190-147-5802 001-199-4062 210-165-827-5804 165-199-999-5248 280-199-999-5248 190-183-999-5370 001-164-601-5401 001-164-601-5401 190'183-999-5330 190-183-999-5330 190-183-999-5330 191-180-999'5319 191-180-999-5240 190-180-999-5240 190-181-999-5240 190-184-999-5240 340'199-702-5240 320-199-999-5221 320-199-999-5221 210-165-604-5801 210-165-604-5801 210-165-604-5801 210-165-631-5801 210-165-631-5801 210-165-631-5801 190-184-999-5301 190-183-999-5330 001-164-604-5228 001-140-999-5260 190-180-999-5301 190-180-999-5301 190-180-999-5301 ITEM AMOUNT 4,896.25 40.00 1,150.00 1,890.40 28,500.00 20.69 20.69 9,000.00 2,374.00 3,828.00 208.00 104.00 144.00 147.80 38.23 1,592.90 41.36 28.16 47.29 536.67 814.59 1,474.50 3,525.50 2,603.75 2,336.35 1,267.40 2,635.00 63.68 264.00 279.00 61.97 198.00 16.00 15.35 PAGE 7 CHECK AMOUNT 4,896.25 40.00 1,150.00 1,890.40 28,500.00 41.38 9,000.00 6,202.00 456.00 1,778.93 116.81 1,351.26 13,842.50 63.68 264.00 279.00 61.97 VOUCHRE2 05/27/99 11:0~ CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 55951 05/27/99 000319 55951 05/27/99 000319 55951 05/27/99 000319 TOMARK SPORTS, INC. TOMARK SPORTS, INC. TOMARK SPORTS, INC. SMALL TOOLS/EQUIP:VAR. PARKS FREIGHT SALES TAX 190-180-999-5242 190-180-999-5242 190-180-999-5242 169.00 13.52 13.10 424.97 55952 05/27/99 000320 55952 05/27/99 000320 55952 05/27/99 000320 55952 05/27/99 000320 TOWNE CENTER STATIONERS TOWNE CENTER STATIONERS TOWNE CENTER STATIONERS TOWNE CENTER STATIONERS MISC OFFICE SUPPLIES:CIP MISC OFFICE SUPPLIES:PW ADMIN MISC OFFICE SUPPLIES:PW ADMIN MISC OFFICE SUPPLIES:LAND DEV 001-165-999-5220 001-164-604-5220 001-164-604-5220 001-1990 447.47 658.67 452.88 78.53 1,637.55 55953 05/27/99 003031 TRAFFIC CONTROL SERVICE EQUIPMENT RENTAL:MAINT.CREW 55953 05/27/99 003031 TRAFFIC CONTROL SERVICE EQUIPMENT RENTAL:MAINT.CREW 001-164-601-5218 001-164-601-5218 880.00 135.00 1,015.00 55954 05/27/99 001179 TREBOR COMPANY INC., TH NIGHT SAFETY VESTS:PW INSPECT. 55954 05/27/99 001179 TREBOR COMPANY INC., TH FREIGHT 55954 05/27/99 001179 TREBOR COMPANY INC., TH SALES TAX 001-163-999-5218 001-163-999-5218 001-163-999-5218 174.00 10.00 13.49 197.49 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 'U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/~9 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 55955 05/27/99 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 7,443.69 210.23 1,619.77 2.50 33.38 25.00 85.23 96.34 546.45 158.34 10,220.93 55956 05/27/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 55956 05/27/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 55956 05/27/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 55956 05/27/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 55956 05/27/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 55956 05/27/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 55956 05/27/99 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 001-2160 165-2160 190-2160 280-2160 320-2160 330-2160 340-2160 55957 05/27/99 002065 UNISOURCE 8 1/2 X 11 PAPER SUPPLIES 190-183-999-5340 55957 05/27/99 002065 UNISOURCE 11X 17 PAPER SUPPLIES 190-183-999-5340 55957 05/27/99 002065 UNISOURCE FREIGHT 190-183-999-5340 55957 05/27/99 002065 UNISOURCE SALES TAX 190-183-999-5340 55957 05/27/99 002065 UNISOURCE 5 PART NCR PAPER STOCK 330-199-999-5220 55957 05/27/99 002065 UNISOURCE 8 1/2 X 11 PAPER SUPPLIES 330-199-999-5220 55957 05/27/99 002065 .UNISOURCE SALES TAX 330-199-999-5220 1,925.30 171.29 831.20 53.13 52.52 54.84 46.52 6.96 304.41 25.00 26.45 161.10 70.10 17.92 3,134.80 611.94 55958 05/27/99 000325 UNITED WAY 000325 UW 55958 05/27/99 000325 UNITED WAY 000325 UW 55958 05/27/99 000325 UNITED WAY 000325 UW 55958 05/27/99 000325 UNITED WAY 000325 UW 55958 05/27/99 000325 UNITED WAY 000325 UW 55958 05/27/99 000325 UNITED WAY 000325 UW 55958 05/27/99 000325 UNITED WAY 000325 UW 001-2120 165-2120 190-2120 280-2120 300-2120 320-2120 330-2120 225.47 3.75 19.00 1.25 .25 3.28 5.00 258.00 VOUCHRE2 05/27/99 11:07 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 55959 05/27/99 001342 55959 05/27/99 001342 55959 05/27/99 001342 55960 05/27/99 000570 55961 05/27/99 001997 55962 05/27/99 002092 55962 05/27/99 002092 VENDOR NAME WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WIMBERLY, VALERIE WINDOWS MAGAZINE WINTER GRAPHICS SOUTH WINTER GRAPHICS SOUTH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION WET/DRY VACUUM & SUPPLIES:TCC SALES TAX ADD'L CHARGES FOR VACUUM:TCC REIMBURSE:MURR]ETA MTG:5/05/99 ANNUAL SUBSCR]PT]ON:T.HAFELI PROHO/AD DES]GN SVCS:ECON,DEV. TRADESHOW BOOTH HEADER DESIGN ACCOUNT NUMBER 190-184-999-5610 190-184-999-5610 190-184-999-5610 001-161-999-5260 320-199-999-5228 001-111-999-5270 001-111-999-5270 ITEM AMOUNT 1,200.00 93.00 151.93 86.55 19.97 193.95 263.98 PAGE 9 CHECK AMOUNT 1,444.93 86.55 19.97 457.93 TOTAL CHECKS 208,673.46 VOUCHRE2 05/27/99 11:32 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 210 CAPITAL IMPROVEMENT PROJ FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS AMOUNT 485,110.80 1,089,003.46 25,094.36 6,782.75 TOTAL 1,605,991.37 VOUCHRE2 CITY OF TEMECULA 05/27/99 11:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 55965 06/08/99 002900 DANIEL, MANN, JOHNSON DEBIT MEMO:WINCH RD WIDENING 210-1990 55965 06/08/99 002900 DANIEL, MANN, JOHNSON DEBIT MEMO:WINCH RD WIDENING 210-165-683-5802 55965 06/08/99 002900 DANIEL, MANN, JOHNSON NOV-OCT SVCS:WINCH RD WIDENING 210-165-683-5802 55965 06/08/99 002900 DANIEL, MANN, JOHNSON CM:OVRBILLED APPROVED CONTRACT 210-165-683-5802 95.50 54.00 50,221.93 36,317.72- 14,053.71 55966 06/08/99 001945 E A MENDOZA CONTRACTING APR PRGSS:RC SPRT PRK SIDEWALK 210-190-154-5804 62,091.24 55966 06/08/99 001945 E A MENDOZA CONTRACTING RETENTION:RC SPRTS PK SIDEWALK 210-2035 6,209.12- 55,882.12 55967 06/08/99 000164 ESGIL CORPORATION APR 99 PLAN CHECK REVIEW 001-162-999-5248 5,345.65 5,345.65 55968 06/08/99 002037 EXPANETS DIGITAL PHONE CARD 320-1950 2,895.00 55968 06/08/99 002037 EXPANETS ANALOG PHONE CARD 320-1950 1,747.00 55968 06/08/99 002037 EXPANETS 32 BUTTON SERIES E DTERM PHONE 320-1950 1,458.00 55968 06/08/99 002037 EXPANETS LABOR & TRAVEL CHARGES 320-1950 88.00 55968 06/08/99 002037 EXPANETS FREIGHT 320-1950 122.00 55968 06/08/99 002037 EXPANETS SALES TAX 320-1950 472.75 6,782.75 55969 06/08/99 003592 GRANITE CONSTRUCTION APR PRGSS: PALA RD BRIDGE 210-165-631-5804 326,420.70 55969 06/08/99 003592 GRANITE CONSTRUCTION RETENTION APR PRGSS:PALA BRIDG 210-2035 32,642.07- 55969 06/08/99 003592 GRANITE CONSTRUCTION RETENTION REVERSE FOR CREDIT 210-2035 4,074.98 55969 06/08/99 003592 GRANITE CONSTRUCTION CREDIT: LINE ITEM # 72 & 73 210-165-631-5804 40,749.75- 257,103.86 55970 06/08/99 003676 GRANITE CONSTRUCTION-ES REL RETENTION TO ESCROW:PALA 210-1035 28,567.09 28,567.09 55971 06/08/99 001976 GUEST INFORMANT ADVERTISING:SAN DIEGO/ORANGE C 001-111-999-5270 55972 06/08/99 002256 P & D CONSULTANTS, [NC APR BLDG INSPECTOR SERVICES 001-162-999-5118 5,142.72 5,142.72 7,200.00 7,200.00 55973 06/08/99 002800 PACIFIC STRIPING, INC ANNUAL CITYWIDE ST. STRIPING 001-164-601-5410 55973 06/08/99 002800 PACIFIC STRIPING, INC ANNUAL CITYWIDE ST. STRIPING 001-164-602-5410 55973 06/08/99 002800 PACIFIC STRIPING, INC RE-STRIPING ST.:VAR. LOCATIONS 001-164-601-5410 55973 06/08/99 002800 PACIFIC STRIPING, INC INSTALL HYD.BLUE DOTS CITYWIDE 001-164-601-5410 40,281.65 10,070.41 4,950.00 2,865.50 58,167.56 55974 06/08/99 000472 PARADISE CHEVROLET CADI 1999 CHEVY TRUCK FOR TCSD 310-1910 23,289.43 55974 06/08/99 000472 PARADISE CHEVROLET CADI SALES TAX 310-1910 1,804.93 55975 06/08/99 003218 PELA 55975 06/08/99 003218 PELA LDSCP PLAN CHECK SVCS:PLANNING 001-161-999-5250 LDSCP PLAN CHECK SVCS:PLANNING 001-161-999-5250 55976 06/08/99 000267 RIVERSIDE CO. FIRE DEPT FY 97-98 3RD/4TH QTR FIRE SVCS 001-2030 55976 06/08/99 000267 RIVERSIDE CO. FIRE DEPT FY 98-99 1ST QTR FIRE SERVICES 001-2030 RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION 55977 06/08/99 002181 55977 06/08/99 002181 55977 06/08/99 002181 55977 06/08/99 002181 55977 06/08/99 002181 55977 06/08/99 002181 55977 06/08/99 002181 55977 06/08/99 002181 55977 06/08/99 002181 APR PRGSS PMT#16:RC/I-15:95-12 210-165-601-5804 APR PRGSS PMT#16:RC/I-15:95-12 210-165-601-5804 RET.W/H PMT#16:RC/I-15:95-12 210-2035 APR PRGSS PMT#5:WINCH.RD:97-03 210-165-697-5804 APR C/O PMT#5:WINCH.RD:97-03 . 210-165-697-5804 RET.W/H PMT~f5:WINCH.RD.:97-03 210-2035 APR PRGSS PMT:MARG/OVRLND:9707 210-165-681-5804 RET.W/H PMT:MARG/OVRLND:97-07 210-2035 APR PRGSS PMT:WINCH/YNEZ:97-06 210-165-683-5804 6,416.00 2,289.00 27,330.47 363,279.60 24.441.92 8.361.85 3.280.38- 7.015.00 6314.28 1332.93- 352877.33 35287.73- 161111.00 25,094.36 8,705.00 390,610.07 VOUCHRE2 05/27/99 VOUCHER/ CHECK NUMBER 55977 55977 55978 55979 55979 55979 55980 55981 55982 55983 11:32 CHECK DATE 06/08/99 06/08/99 06/08/99 06/08/99 06/08/99 06/08/99 06/08/99 06/08/99 06/08/99 06/08/99 VENDOR NUMBER 002181 002181 003282 003479 003479 003479 003652 000374 003599 000332 VENDOR NAME RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION- S PARKER ENGINEERING, I S PARKER ENGINEERING, I S PARKER ENGINEERING, I SCHAFFER ACOUSTICS INC SOUTHERN CALIF EDISON T Y INTERNATIONAL VANDORPE CHOU ASSOCIATE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION APR C/O PMT:WINCH/YNEZ:97-06 RET.W/H PMT:WINCH/YNEZ:97-06 RETENTION TO ESCROW ACCT. MAY PRGS PMT#2:WINCH. MEDIANS MAY PRGS PMT#2:WINCH. MEDIANS RET.W/H PMT#2:WINCH. MEDIANS APR GROUND MONITORING:OVERLAND INSTALL STR LIGHTS:YNEZ/OVERLD APR FOUNDATION REDESIGN:OVRLND APR PLAN CHECK SERVICES ACCOUNT NUMBER 210-165-683-5804 210-2035 210-1035 210-165-673-5804 210-165-686-5804 210-2035 210-165-604-5804 210-165-683-5801 210-165-604-5801 001-162-999-5248 ITEM AMOUNT 5,107.00 16,621.80- 3,280.38 57,096.82 165,763.18 22,286.03- 9,150.13 6,428.66 5,258.00 9,939.80 PAGE 2 CHECK AMOUNT 508,705.54 3,280.38 200,573.97 9,150.13 6,428.66 5,258.00 9,939.80 TOTAL CHECKS 1,605,991.37 ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE i CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance June 8, 1999 City Treasurer's Report as of April 30, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director ~ William B. Pattison, Senior Accountant ~p. RECOMMENDATION:That the City Council receive and file the City Treasurer's Report as of April 30, 1999. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of April 30, 1999. FISCAL IMPACT: ATTACHMENTS: None 1. City Treasurer's Report as of April 30, 1999 2. Schedule of Assets, Liabilities, and Fund Equity as of April 30, 1999 3. Fund Equity Detail by Fund as of April 30, 1999 City of Temecula City Treasurer's Report As of April 30, 1999 Cash Activity for the Month of April Cash and Investments as of April 1, 1999 Cash Receipts Cash Disbursements Cash and Investments as of April 30, 1999 55,903,628 3,050,533 (4,336,618) 54,617,543 Cash and Investments Portfolio: Maturity/ Contractual/ Termination Market Type of Investment Institution Yield Date Value Petty Cash City Hall n/a $ 1,500 $ General Checking Union Bank n/a (1,220,205) Sweep Account Union Bank 4.152 % 2,137,453 (Money Market Account) (Highmark U.S. Treasury) Benefit Demand Deposits Union Bank n/a 3,812 Local Agency Investment Fund State Treasurer 5.119 % 43,929,042 Certificate of Deposit Community Bank 4.350 % 474,592 (Retention Escrow) Savings Account California Bank Trust 4.400 % 151,323 (Retention Escrow) Savings Account Union Bank 4.880 % 222,375 (Retention Escrow) Checking Account Union Bank n/a 5,904 (Parking Citations) Trust Accounts- CFD 88-12 U.S. Bank (Pint Am. Treasury) 4.270 % 3,140,279 (Money Market Account) Reserve Account- CFD 88-12 CDC Funding Corp 5.430 % 9/1/2017 1,531,469 (Investment Agreement) Delinq. Main. Reserve Account - CFD 88-12 CDC Funding Corp 5.423 % 9/1/2017 500,000 (Investment Agreement) Trust Accounts- CFD 98-1 U.S. Bank (Pint Am. Treasury) 4.270 % 53,277 (Money Market Account) Reserve Account- CFD 98-1 State Treasttrer 5.119 % 940,896 (Local Agency Investment Fund) Trust Accounts-TCSD COPs U.S. Bank (First Am. Treasury) 4.270 % 17,428 (Money Market Account) Reserve Account-TCSD COPs Bayerische Landesbank 6.870 % 10/1/2012 502,690 (Investment Agreement) Trust Accoants-RDA Bonds U.S. Bank (First Am. Treasury) 4.270 % 776,788 (Money Market Account) Reserve Account-RDA Bonds Bayerische Landesbank 7.400 % 2/1/2013 1,448,920 (Investment Agreement) $ Par/Book Balance 1,500 (1,220,205) (1) 2,137,453 3,812 (1) 43,929,042 (2) 474,592 151,323 222,375 5,904 3,140,279 1,531,469 500,000 53,277 940,896 17,428 502,690 776,788 1,448,920 54,617,543 (1)-This amount is net of outstanding checks. (2)-At April 30, 1999 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $38,332,701,795. The City's proportionate share of that value is $44,162,085. All investments arc liquid and currently available. The City of Temccula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of April 30, 1999 City (1) Assets: Cash and investments $ 35,797,969 Receivables 4,103,024 Duc from other funds 251,785 Land held for resale 530,401 Prepaid assets 124,363 Deposits 506,850 Fixed as,~ts-nct 935,579 Totalassets $ 42,249,971- Commtmity S~rvices Dishiet 1,603,428 $ 4,697 9,248 Rcdcvclopmcnt Agency 10,492,349 1,600,223 Z219,245 $ 1,617,373 $ 14,311,817 Community Facilities Districts (2) $ 6,723,797 1,124,300 $ 7,848,097 54,617,543 5,707,944 261,033 2,749,646 124,363 1,631,150 935,579 66,027,258 Liabilities and fund equity: Liabilities: Due to other funds $ 171,198 $ Other liabilities 8,613,118 9,248 139,380 $ Total liabilities 8,784,3 16 148,628 Fund equity: Contributed capital 1,281,781 Retained earnings 923,444 Fund balances: Reserved (3) 20,436,696 Designated (3) 7,485, 170 Undesignated 3,338,564 764,734 775,334 (71,323) Total fund equity 33,465,655 1,468,745 Total liabilities and fund equity $ 42,249,971 $ 1,617,373 $ 983,417 983,417 9,280,386 4,048,014 13,328,400 14,311,817 80,587 3,485,282 3,565,869 1,124,300 3,157,928 4,282,228 7,848,097 261,033 13,221,197 13,482,230 1,281,781 923,444 31,606, 116 15,466,446 3,267,241 52,545,028 66,027,258 (1) Includes General Fund, CIP Fund, Gas Tax Fund, and other special revenue funds. (2) Includes CFD 88-12 (Yncz Corridor) and CFD 98-1 (Winchester Hills). (3) Reservations and designations of fund balance am detailed on the following pages. ITEM 4 APPROVAL ~ CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance June 8, 1999 Financial Statements for the Nine Months Ended March 31, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director William B. Pattison, Senior Accountant/z~h/~ RECOMMENDATION:That the City Council receive and file the Financial Statements for the Nine Months Ended March 31, 1999. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the Nine Months Ended March 31, 1999. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheets as of March 31, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1999 Combining Balance Sheet (Internal Service Funds) as of March 31, 1999 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the Nine Months Ended March 31, 1999 Combining Balance Sheet (Community Facilities Districts) as of March 31, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance (Community Facilities Districts) for the Nine Months Ended March 31, 1999 CITY OF TEMECULA Combining Balance Sheet as of March 31, 1999 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 1999 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Nine Months Ended March 31, 1999 (Unaudited) Prepared by the Finance Department City of Temecula Combining Balance Sheet As of March 31, 1999 Assets: Cash and investments Receivables Due from other funds Advances to other funds Land held for resale Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities General Fund $ 12,592,460 3,013,214 106,243 1,149,206 530,401 $ 17,391,524 $ $ 4,643,765 231,035 4,874,800 Gas Tax Fund 73,444 73,444 R.C. Reimb District $ 185,133 2,259 $ 187,392 Dev Impact Fund $ 3,856,187 74,307 145,542 CDBG Fund $ 5,599 $ 4,076,036 $ 5,599 $ 100 100 Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances 2,964,758 6,695,676 $ 2,856,290 12,516,724 $ 17,391,524 $ 73,444 $ 73,444 73,444 $ 187,392 187,392 187,392 $ 4,076,036 4,076,036 $ 4,076,036 $ 5,499 5,499 5,599 Please note that these balances are unaudited City of Temecula Combining Balance Sheet As of March 31, 1999 Assets: Cash and investments Receivables Due from other funds Advances to other funds Land held for resale Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities AB 2766 Measure "A" CIP Fund Fund Fund 280,455 $ 2,652,135 $ 15,321,315 15,630 148,843 524,753 $ 296,085 $ 2,800,978 $ 15,846,068 $ 93,500 $ 47,064 3,074,006 Marg Rd Reim Dist Fund 64,042 $ 34,893,284 3,852,450 251,785 1,149,206 530,401 $ 40,677,126 157,542 7,597,935 231,035 47,064 3,167,506 64,042 7,986,512 Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances 18,550,422 $ 296,085 2,753,914 (5,871,860) 296,085 2,753,914 12,678,562 296,085 $ 2,800,978 $ 15,846,068 (64,042) (64,042) 21,515,180 8,216,186 2,959,248 32,690,614 $ 40,677,126 Please note that these balances are unaudited City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31, 1999 Revenues: Sales tax Developmental services: Planning Building & safety Engineering Grants AB3229 (COPS) Fire plan check and inspection Motor vehicle in lieu Motor vehicle license fees Property tax Property transfer tax Franchise fees Transient occupancy tax Reimbursements Reimbursements from TCSD Reimbursements from RDA Reimbursements from CIP Investment interest Business licenses Vehicle code fmes Miscellaneous Bids & proposals Parking citations/impound fees Operating transfers in Toml Revenues Annual Amended Budget 10,400,000 409,000 2,100,000 1,200,000 45,000 105,200 215,000 1,900,700 34,000 1,268,600 275,000 1,175,000 990,000 20,000 162,000 125,000 530,000 1,100,000 175,000 150,000 89,300 20,000 119,500 827,000 23,435,300 YTD Activity 7,784,454 342,088 1,692,395 1,036,203 105268 166,737 1,398261 51,263 723,832 198,438 904,206 697,020 5,256 121,500 93,750 379,217 903,641 167,860 124,081 101,581 20,445 78,064 581,832 17,677,392 Percent of Budget 75% 84% (1) 81% (1) 86% (1) (2) 100% (3) 78% (1) 74% 151% 57% (4) 72% 77% 70% 26% 75% 75% 72% 82% (5) 96% 83% 114% 102% 65% 70% 75% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31, 1999 Annual YTD Amended YTD Activity Budget Activity Encumbr. + Encumbr Percent of Budget Expenditures: City Council $ 278,140 $ 191,230 $ 428 $ 191,658 Community Support 458,923 259,417 26,808 286,225 City Manager 687,632 445,966 29,050 475,016 Economic Development 813,517 546,750 35,911 582,661 City Clerk 617,781 405,072 4,733 409,805 City Attorney 400,000 193,771 193,771 Finance 993,552 632,890 22,527 655,417 Hitman Resources 345,270 230,275 5,764 236,039 Planning 1,757,563 1,124,867 68,560 1,193,427 Building &Safety 1,399,959 956,566 80,759 1,037,325 Engineering 1,006,230 627,073 2,708 629,781 Public Works 2,747,119 1,061,386 132,931 1,194,317 CIP Admin 1,004,470 498,812 47,638 546,450 Police 5,677,854 3,878,305 12,690 3,890,995 Fire Dept 2,174,510 1,356,594 8,092 1,364,686 Animal Control 55,000 38,983 4,598 43,581 Non-departmental 1,470,020 1,098,759 1,098,759 69% 62% (6) 69% 72% 66% 48% (7) 66% 68% 68% 74% 63% (8) 43% (9) 54% (8) 69% 63% (10) 79% 75% Total Expenditures (Excluding Transfers) 21,887,540 13,546,716 483,197 14,029,913 64% Revenues Over/(Under) Expenditures 1,547,760 4,130,676 Operating Transfers Out 7,320,165 7,064,963 Revenues Over/(Under) Expenditures and Operating Transfers (5,772,405) (2,934,287) Beginning Fund Balance, July 1, 1998 15,451,011 15,451,011 Ending Fund Balance, March 31, 1999 $ 9,678,606 $ 12,516,724 Notes: ( 1 ) The variance in developmental services revenues is due to higher than anticipated community development activity (residential and mall-related development). (2) The variance in the Grant revenue is due to the timing of the expenditure and receipt of funds. (3) The year to date activity reflects the receipt of the city's entire annual apportionment of AB3229 revenues. (4) The variance in property tax revenue is due to the timing of tax payments received from Riverside County. (5) The variance in investment interest is due to a higher than anticipated cash balance for the first three quarters. (6) The variance in Community Suppert is due to funding that has not yet been issued in the Community Services Program. (7) The variance in the City Attorney expenditures is due to lower than anticipated general legal costs being incurred. (8) The variances in Engineering and CIP Admin expenditures are due primarily to budget increases approved at mid-year for personnel costs. Positions have recently been filled, and personnel costs incurred should be greater during the final quarter of the year. (9) The variance in Public Works expenditures is due to: a) personnel costs as discussed at (8) above, b) budget savings realized in drainage, street maintenance, and traffic signal maintenance, and c) appropriations approved at mid-year for "category 1' traffic improvements which had not been expended at 3/31/99. (10) The variance in Fire expenditures is due primarily to lower costs being incurred in the first quarter of the year, due to the French Valley station opening in September 1999. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Nine Months Ended March 31, 1999 Revenues: Section 2105-2107 Investment interest Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 Annual Amended YTD Budget Activity 821,000 $ 650,215 6,000 5,061 827,000 655,276 827,000 581,832 73,444 $ 73,444 Encumbr. Total Activity $ 650,215 5,061 655,276 581,832 Percent of Budget 79% 84% 79% 70% City of Temecula Statemere of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Rancho California Road Reimbursement District For the Nine Months Ended March 31, 1999 Revenues: Investment interest Atlnual Amended YTD Budget Activity $ 7,112 Encumbr. Total Activity $ 7,112 Percent of Budget Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 180,280 180,280 $ 7,112 180,280 187,392 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Nine Months Ended March 31, 1999 Revenues: Public facilities Quimby Street improvements Traffic signals Parks Corporate facilities Fire protection Library Investment interest Total Revenues Expenditures: Operating transfers out Total Expenditures Annual Amended YTD Budget Activity 30,000 $ 110,133 50,000 245,331 1,923,330 1,963~01 284~40 319,690 891,030 897,667 249,240 269,563 64,000 70,762 208,400 206,632 198,594 3,700,440 4,281,573 6,888,752 4,044,247 6,888,752 4,044,247 Encumbrance Total Activity $ 110,133 245,331 1,963~01 319,690 897,667 269,563 70,762 206,632 198,594 4,281,573 4,044,247 4,044,247 Percent of Budget 367% 491% 102% 112% 101% 108% 111% 99% 116% (1) 59% (2) 59% Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 (3,188,312) 237,326 3,838,710 3,838,710 650,398 $ 4,076,036 Notes: (1) The variance in development impact revenues is due to strong development activity for the first three quarters of FY 98-99. (2) The variance in operating transfers out is due to the timing of when DIF funded CIP projects are started and costs are incurred. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Nine Months Ended March 31, 1999 Revenues: Grant revenue Total Revenues Expenditures: Other outside services Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 Annual Amended YTD Total Budget Activity Encumbr. Activity $ 314,607 $ 5,499 $ 5,499 314,607 5,499 5,499 43,007 271,600 314,607 5,499 $ $ 5,499 (1) The variance in Grant revenue is due to the timing of expenditures being recognized in the fund during the third quarter. Percent of Budget 2% 2% City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance o Budget and Actual AB 2766 Fund For the Nine Months Ended March 31, 1999 Revenues: AB 2766 Investment interest Total Revenues Expenditures: Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Annual Amended YTD Budget Activity $ 93,500 $ 36,259 9,894 93,500 46,153 302,200 302,200 (208,700) 46,153 249,932 249,932 Ending Fund Balance, March 31,1999 $ 41,232 $ 296,085 Total Percent Encumbr. Activity of Budget $ 36,259 9,894 46,153 ( 1 ) The variance in the AB2766 revenue is due to supplemental funding awarded to the city that will be received after the related project costs are complete. 39% 49% (1) City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Nine Months Ended March 31, 1999 Revenues: Measure "A" Investment interest Total Revenues Expenditures: Debt service - principal Debt service - interest Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 Annual Amended YTD Budget Activity $ 1,050,100 $ 826,573 253,894 1,050,100 1,080,467 351,909 261,422 212,853 156,674 7,210,187 5,830,741 7,774,949 6,248,837 (6,724,849) (5,168,370) 7,922,284 7,922,284 $ 1,197,435 $ 2,753,914 Encumbr. Total Activity $ 826,573 253,894 1,080~67 261,422 156,674 5,830,741 6,248,837 Percent of Budget 79% 103% 74% 74% 81% l0 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Nine Months Ended March 31, 1999 Revenues: Operating transfers in Grants Reimbursments Investment interest Article 3 (SB 821) Total Revenues Expenditures: Rancho Ca Rd interchange Overland overcrossing Offramp widening at Rancho Ca Rd Intersection monitoring system Jefferson median Margarita improvements Western bypass corridor Street sign replacement Winchester Rd. widening Traffic signals Butterfield/Rancho Ca Pala Rd. bridge Signal interconnect system Pavement management I15/79S interchange (ultimate) Pala Road improvements Traffic signals Rancho Ca. Rd./Via Las Colinas Flashing signals at schools Traffic signals Winchester/Enterprise Traffic signals Margarita Rd./Santiago City sidewalk project Margarita widening/Overland construction Ynez/Overland improvements Winchester Rd. improvements Jefferson Street lighting Traffic signals Pala/Rainbow Cyn. Traffic signals Rancho Ca. Rd./Meadows Pkwy. Traffic signals Pauba/Station 84 Temecula Park and Ride Winchester sidewalk project Storm drain Overland/Ivlargarita I15 to Avenida De Missiones Winchester ramp improvements Traffic signals Margarita/Pauba Traffic signals Margarita/Pio Pico Traffic signals Pala/Loma Linda Traffic signals Pala/Vqolf Valley (continued) Annual Amended YTD Budget Activity 28,908,350 $ 16,957,987 12,105,500 151,113 77,660 2,108 12,024 72,800 41,164,310 17,123,232 Enctunbr. Total Activity $ 16,957,987 151,113 2,108 12,024 17,123,232 Percent of Budget 59% 1% 3% 42% 3,866,451 3,453,757 $ 149,065 3,602,822 93% 11,283,350 1,353,851 6,386,420 7,740,271 69% 300,000 31,643 99,209 130,852 44% 240,000 45,000 125,000 100,675 100,675 100,675 100% 102,000 1,300,000 117,300 10,009,264 521,542 4,877,710 5,399,252 54% 90,364 51,877 38~87 90,364 100% 960,552 13,686 15,494 29,180 3% 267,816 33,608 72,816 106,424 40% 900 900 900 100% 117,300 8,792 82,996 91,788 78% 99,208 96,241 358 96,599 97% 117,295 13,119 91,403 104,522 89% 112,626 102,611 9,848 112,459 100% 9,370 7,122 2,248 9,370 100% 4,905,543 1,574,091 3,245,814 4,819,905 98% 1,337,542 116,285 1,101,595 1,217,880 91% 371,100 71,469 279,340 350,809 95% 307,250 7,250 7,250 2% 36,121 33,676 6,121 39,797 110% 12,596 4,356 10,497 14,853 118% 30,095 26,755 4,630 31,385 104% 216,500 97,800 85,568 4,794 90,362 92% 804,960 690,330 114,173 804,503 100% 2,000,000 2,000,000 2,000,000 100% 1,015,427 323,170 217,312 540,482 53% 117,300 7,500 7,500 6% 31,400 5,000 5,000 16% 31,400 31,400 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Nine Months Ended March 31, 1999 Annual Amended YTD Budget Activity La Serena housing lighting Pujol st. sidewalk improvements Nicholas Elementary sidewalk Margarita community park Sports park improvements Duck pond park Maintenance yard Multi-trails system Various park improvements (ADA) Winchester creek park Community Recreation Center improvements Sports park sidewalks TVUSD tennis court lights Bike path construction - citywide Maintenance facility modification Rotary park improvements Senior center expansion Butterfield stage improvements Fire station Museum City hall improvements Library Encumbr. Total Activity Percent of Budget 45,000 120,000 1,780 3,220 5,000 4% 29,000 1,200,881 1,104,317 13,767 1,118,084 93% 1,446 1,446 1,446 100% 1,647,059 696,460 875,040 1,571,500 95% 5,600 50,000 5,600 55,600 224,027 34,732 14,335 49,067 22% 95,000 328,657 324,360 27,095 351,455 107% 74,920 72,813 588 73,401 98% 374,322 122,352 253,386 375,738 100% 200,000 15,973 6,677 22,650 11% 47,500 600,000 49,655 5,459 55,114 9% 29,300 197 31 228 1% 83,000 25,000 25,343 25,343 25,343 100% 812,998 404,655 378,682 783,337 96% 82,670 71,473 11,142 82,615 100% 720,000 64,128 2,900 67,028 9% Total Expenditures 47,382,628 13,638,944 18,543,866 32,182,810 (6,218,318) 3,484,288 Revenues Over/(Under) Expenditures 9, 194,274 9, 194,274 Beginning Fund Balance, July 1, 1998 $ 2,975,956 $ 12,678,562 Ending Fund Balance, March 31, 1999 68% The variances in CIP Fund revenues and in project expenditures are due to the timing of when the various projects are actually started and costs are incurred. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Margarita Road Reimbursement District For the Nine Months Ended March 31, 1999 Total Revenues Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 Annual Amended YTD Budget Activity $ 32,375 32,375 (96,417) (96,417) (96,417) $ (64,042) Total Percent Encumbr. Activity of Budget The deficit fund balance is being reduced by reimbursements paid by the Temeku Hills development when building permits are issued. Reimbursements are expected to be completed within the next year. Internal Service Funds Combining Balance Sheet As of March 31, 1999 Assets: Cash and investments Receivables Prepaid assets Property, plant and equipment (net of accumulated depreciation) Total assets Liabilities and fund equity: Liabilities: Current liabilities Due to other funds Capital leases payable Total liabilities Fund equity: Contributed capital Retained earnings Total fund equity Total liabilities and fund equity Illsllrallce Fund 1,519,411 19,260 $ 108,809 1,647,480 $ 243,432 243,432 Vehicles Fund 26 15,554 246,803 262,383 Information Systems Fund Support Services Fund $ 79,153 $ 182,579 $ 210 2,132 490~11 148,237. $ 569,774 $ 332,948 $ Facilities Fund 104,386 $ 832 105,218 $ Toml 1,885,529 22~60 124,363 885,451 2,917,803 $ 78,712 $ 20,403 $ 28,514 $ 371,061 13,657 13,657 150,060 150,060 13,657 78,712 170,463 28,514 534,778 500,000 214,539 473,065 94,177 904,048 34,187 17,997 68,308 1,404,048 248,726 491,062 162~85 1,647,480 $ 262,383 $ 569,774 $ 332,948 76,704 76,704 105,218 $ 1,281,781 1,101,244 2,383,025 2,917,803 Please note that these balances are unaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings htemal Service Funds For the Nine Months Ended March 31, 1999 Insurance Fund Vehicles Fund Information Systems Fund Support Services Fund Facilities Fund Revenues: Charges f or services $ 232,210 $ 41,142 $ 521,468 $ 152,351 $ 247,107 $ Investment interest 60,926 1,267 210 6,730 2,971 Miscellaneous 901 266 Claims recovery 18,724 Total Revenues 312,761 42,409 521,944 159,081 250,078 Expenses: Salaries &wages 20,309 109,639 38, 131 116,713 Operating expenses 274,402 185,504 76,106 135,842 Interest 10,415 Depreciation 43,002 226,326 34,593 Total Expenses 294,711 43,002 521,469 159,245 252,555 Net Income (Loss) 18,050 (593) 475 (164) (2,477) Retained Earnings, July 1, 1998 885,998 34,780 17,522 68,472 79,181 Retained Earnings, March 31, 1999 $ 904,048 $ 34, 187 $ 17,997 $ 68,308 $ 76,704 $ Total 1,194,278 72,104 1,167 18,724 1,286,273 284,792 671,854 10,415 303,921 1,270,982 15,291 1,085,953 1,101,244 Community Facilities Districts Combining Balance Sheet As of March 31, 1999 Assets: Cash and investments Receivables Deposits Total assets Liabilities and fund balances: Liabilities: Due to other funds Current liabilities Total liabilities Fund balances: Designated Total fund balances Total liabilities and fund balances CFD 88-12 CFD 88-12 CFD 88-12 CFD 98-01 CFD 98-01 Capital Admin Debt Debt Admin Project Expense Service Service Expense Fund Fund Fund Fund Fund $ 3,194,368 887 1,124,300 $ 4,319,555 80,586 80,586 4,238,969 4,238,969 $ 4,319,555 $ 31,570 $ 2~44,128 $ 1,012,155 968 6,245 1,873 $ 32,538 $ 2~50,373 $ 550 $ 2,450,373 550 2,450,373 31,988 31,988 $ 32,538 $ 2,450,373 $ 1,0 14,028 $ 1,014,028 1,014,028 $ 1,014,028 $ 6,602 67 $ 6,669 $ 6,669 6,669 $ 6,669 Toml $ 6,688,823 10,040 1,124,300 $ 7,823,163 $ 80,586 3,471,620 3,552,206 4,270,957 4,270,957 $ 7,823,163 Please note that these balances are unaudited. 16 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance Community Facilities Districts For the Nine Months Ended Match 31, 1999 Revenues: Investment interest Special assessments Bond proceeds Reimbursements Operating transfers in Total Revenues Expenditures: Legal services Other outside services Debt service - principal Debt service - interest Bond issuance costs Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 CFD 88-12 Capital Projects Fund CFD 88-12 Admin Expense Fund $ 98,664 $ 1,127 104,982 2,489 300 101,153 106,409 2,970 25,442 8,722 8,722 28,412 92,431 77,997 4,146,538 (46,009) 4,238,969 $ 31,988 CFD 88-12 Debt Service Fund $ 90,604 757,941 8,722 857~67 $ 845,000 650,596 $ CFD 98-1 Debt Service Fund $ 23,973 414,325 1,364,438 1,802,736 453,183 335,525 1,495,596 788,708 $ (638,329) $ 1,014,028 CFD 98-1 Admin Expense Fund $ 67 12,102 12,169 $ 5,500 5,500 $ 6,669 Toml 214,435 862,923 1,364,438 2,789 8,722 2,453,307 2,970 25,442 845,000 650,596 335,525 8,722 2,326,938 552,796 4,100,529 4,270,957 17 ITEM 5 APPRO~ CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/.C, ity ,Council L Gary Thornh~ Deputy City Manager June 8, 1999 Contract Extension and Augmentation for the Professional Services Agreement to Prepare the Update to the Circulation Element Prepared By: Dave Hogan, Senior Planner RECOMMENDATION: Approve Contract Amendment Number 1 with Wilbur Smith Associates, extending the performance period to December 31, 1999, and increasing the contract amount by $11,650.00. BACKGROUND: In 1998 the City of Temecula entered into an agreement with Wilbur Smith Associates to prepare an update to the Circulation Element of the City General Plan. As work progressed, it became obvious that additional meetings would be needed to fully consider all the issues associated with the Element Update and that the City needed a more detailed analysis of the shod- and mid-term timing of the future improvements. This proposed amendment would provide payment for additional work. Specifically an additional $600 for circulation improvement prioritization and an additional $11,050 for additional meetings. A copy of the Agreement Amendment is included as Attachment No. 1. FISCALIMPACT: Adequate funds are available in the Planning Departments Consulting Services line item. Attachments: 1. Professional Services Agreement Modification between the City of Temecula and Wilbur Smith Associates - Page 2 R:\HOGAND\circulation element update staff report-co .doe 1 ATTACHMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT EXTENSION BETWEEN THE CITY OF TEMECULA AND WILBUR SMITH ASSOCIATES R:\HOGAND\circulation element update staff report-cc .doc 2 FIRST AMENDMENT TO CONTRACT NO. 98-43 The Agreement dated March 17, 1998 between the City of Temecula and Wilbur Smith Associates (herein referred to as "Agreement") is hereby amended as follows: Section 1. The Term of this Agreement is extended to December 31, 1999. Section 2. The budgeted amount for these work activities included in the Agreement are hereby amended as follows: (1) For Task 7 - Prioritization of Improvements, increase the fee amount to 8,766. (2) For Task 11 - Meetings, increase the fee amount to 17,320. Section 3. All other Terms and conditions of the Agreement shall remain in full force and effect, without diminishment, alteration or modification, except as set forth in Sections I and 2 herein. The parties hereto have executed this Agreement on the Date and Year shown below: CONSULTANT By: By: CITY OF TEMECULA APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: Susan Jones, CMC, City Clerk R:\HOGAND\circulation element update staff report-cc .doc 3 ITEM 6 TO: FROM: DATE: SUBJECT: CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager~ June 8, 1999 Request to Designate Certain Property as" No Skateboarding, Rollerblading or Similar Activity Area." Prepared by: Stephen Brown, Senior Project Planner RECOMMENDATION: Adopt a resolution entitled: Resolution No. 99- A RESOLUTION OF THE CITY COUNCIL ON THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 29645 RANCHO CALIFORNIA ROAD A "NO SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA" PURSUANT CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE. BACKGROUND: The City has received a request to declare the Rancho California Medical Plaza located at 29645 Rancho California Road as a No Skateboarding, Rollerblading or Similar Activity Area as permitted by Ordinance No. 94-18. This ordinance was adopted to prohibit skateboarding and related activities in certain areas of the City when designated by the City Council. Doctor Jeffery T. Horton, who is the owner and maintains a practice on the site, has made this request to have the property designated no skateboarding after experiencing incidental vandalism, noise and safety problems caused by skateboarders participating in their sport on the property owned by the applicant. Ordinance No. 94-18 requires that two-thirds of the tenants occupying private property submit a written application supporting the "No Skateboarding" designation along with the concurrence of the property owner. A letter of application with the required signatures requesting action by the City Council is attached to this Agenda Report. A site plan has also been prepared which illustrates the area to be designated as "No Skateboarding". After the resolution is adopted, and the area posted \\TEMEC FS201\DATA\DEPTS\PLANNING\SKATEBRD.NO\Rancho Cal Medic Plaza\STAFFRPT.CC.doc 1 as a "No Skateboarding" area, the police may cite any violators. FISCAL IMPACT: No impact to the City. Attachments: 1. Resolution Number 99- 2. Application from the Rancho California Medical Plaza/site exhibit \\TEMEC FS201\DATA\DEPTS\PLANNING\SKATEBRD.NO\Rancho Cal Medic Plaza\STAFFRPT.CC.doc 2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 29645 RANCHO CALIFORNIA ROAD AS A "NO SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA" PURSUANT TO CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE. WHEREAS, City Ordinance No. 94-18 established Chapter 10.36 of the Temecula Municipal Code and adopted by ordinance permits the City Council to prohibit skateboarding, rollerblading or similar activity in certain designated areas; and, WHEREAS, the efforts of the property owners at 29645 Rancho California Road to control skateboarding, rollerblading and similar activities have been unsuccessful to date; and, WHEREAS, private property at 29645 Rancho California Road has the potential to receive damage in connection with skateboarding, rollerblading and similar activities; and, WHEREAS, the property owner of 29645 Rancho California Road has requested the City to designate the property as a "No Skateboarding, Rollerblading or Similar Activity Area"; and, WHEREAS, the property owner has submitted a written application in conformance with Chapter 10.36 of the Temecula Municipal Code; and, WHEREAS, a public hearing was held on June 8, 1999, at which time interested persons had an opportunity to testify either support or in opposition; and, WHEREAS, notice of proposed action was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office, and the Temecula Valley Chamber of Commerce. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings: Findings. That the Temecula City Council hereby makes the following A. The City Council in approving this Resolution makes the following findings to wit: R:\SKATEBRD.NO\Rancho Cal Medic Plaza\resolution 99-.doc 1. Ordinance 94-18 was enacted by the City Council to maintain the safety of the general public, as well as the right to enjoyment of private property within the City. 2. The action proposed is consistent with Chapter 10.36 of the Temecula Municipal Code. 3. The action proposed complies with all other applicable requirements of state law and local ordinances. Section 2. The City Council hereby authorizes the establishment of a "No Skateboarding, Rollerblading, or Similar Activity Area" on the property located at 29645 Rancho California Road in accordance with the provisions of Chapter 10.36 of the Temecula Municipal Code. Enforcement of the "no skateboarding, rollerblading, or similar activity" shall not commence until appropriate signage has been posted as required by Chapter 10.36 of the Temecula Municipal Code. Section 3. The City Clerk shall Certify the adoption of this Resolution. Section 4. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 8th day of June, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ATTACHMENT NO. 2 APPLICATION FROM RANCHO CALIFORNIA MEDICAL PLAZA Rancho California Medical Plaza Temecula City Council 43174 Business Park Drive Temecula, CA 92591 Attn: City Clerk March 23, 1999 Dear Sirs: As a direct result of damage to our common areas by skateboarders and in-line skaters, we request that the Rancho California Medical Plaza be designated a "no skateboard, rollerblade, or similar activity area". We are concerned about the safety of our patients, many of whom are frail and easily distracted or surprised. A fall could be disastrous for all concerned. The damage to vegetation, curb markings, and sprinkler heads adds maintenance cost to the CAM charges our tenants must be responsible for, which is unfair to them. We propose to create clear and understandable signage, such as that in Target Plaza across the street, so police are able to enforce the code for prohibition of such activities. Respectfully Submitted, Tenants in support of this request: 30 suites total present in the building. .,~~.~~~.tz,d,- ~ (~ .G~df'i ....... ' . 29645 Rancho California Road, Suite #110, Temecula, California, 92591, (909) 676-1480 Rancho California Medical Plaza 29645 Rancho California Road, Suite #110, Temecula, California, 92591, (909) 676-1480 ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council /~illiam G. Hughes, Acting Director of Public Works/City Engineer June 8, 1999 SUBJECT: Acceptance of Irrevocable Offer of Dedication for recordation purposes for Grant of Easement for Solana Ridge Apartment PA96-0270 (northeast corner of Margarita Road and Solana Way) PREPARED BY: i~..nald J. Parks, Deputy Director of Public Works RECOMMENDAT 1. Adopt a Resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR RECORDATION PURPOSES FOR A BUS TURNOUT FOR THE SOLANA RIDGE APARTMENTS PROJECT (PA96-0270) BUT NOT ACCEPTING THESE EASEMENTS AT THIS TIME. Authorize and direct the City Clerk to record the documents approved by the Resolution as listed above. BACKGROUND: The Developers of the Solana Ridge apartments were conditioned to provide for a bus turn-out on north bound Margarita Road in front of their development. In compliance with Riverside Transit Agency's recommendation, the location of the bus turnout was determined and incorporated into the improvement plans for Margarita Road. Additional right-of-way is therefore dedicated by The Spanos Corporation to accommodate the bus turnout. Staff recommends that the City Council accept the irrevocable offer of dedication for grant of easement for recordation purposes, but not accept the offers of dedication until the work is satisfactorily completed and recommended for improvement acceptance and inclusion in the City Street-Maintenance system. The easements and improvements will be accepted by the City Council when these conditions have been met. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 99- , with Exhibits "A" and Exhibits "B" 2. Vicinity Map 3. Grant of Easement (on file) R:~AGDRPT99\0608\solanaridge bus RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF EASEMENT FOR RECORDATION PURPOSES FOR A BUS TURN-OUT FOR THE SOLANA RIDGE APARTMENTS PROJECT (PA96-0270) BUT NOT ACCEPTING THESE EASEMENTS AT THIS TIME. THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. City Staff has established the requirement for certain improvements as conditions of approval for the development of the Solana Ridge Apartment Project PA96-0270, B. The developer, The Spanos Corporation, a California Corporation, has submitted irrevocable offer of dedication for grant of easement for bus turn-out purposes WHEREAS, The City Council of the City of Temecula hereby desires to consent to the Irrevocable Offer of Dedication of Grant of Easement by The Spanos Corporation, a California Corporation, for recordation for bus turn-out purposes as attached hereto as Exhibits "A" and Exhibits "B", but does not desire to accept the offer at this time. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby consents to the recordation of the Irrevocable Offer of Dedication of Grant of Easement by The Spanos Corporation, a California Corporation, for recordation for bus turn-out purposes, but does not accept the offer at this time. Council acceptance shall be by Resolution of the City Council. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of June, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk R:~AGDRPT~99\0608\solanaridge bus [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99- was duly and regularly adopted by the City Council of the City of t Temecula at a regular meeting thereof held on the 8 h day of June, 1999, by the following vote: AYES: 0 NOES: 0 ABSENT 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RAAGDRPT~99\0608~solanaridge bus EXEMP+ RECORDING REQUESTED BY Cit', of Temecula PER (}OV'T CODE 6103 .\NI) \VHEN RECORDED MAIL TO Cit> ofTemecula - City Clerk P O Box 9033. 43200 Business Park Dr. Temecula. CA 92589-9033 MAlL T,-LX STATEMENTS TO C it', of Temecu la P (~ Box 9033. 43200 Business Park Dr. Tcmecula. CA 92589-9033 OFFER OF DEDICATION - ROAD PURPOSES (Corporation) The undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrex ocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns. for public street and utili~' purposes, the real property' situated in the City of Temecula, County of Riverside, State of California. described in Exhibit "A (written description) and shoxvn on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein. until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. Nota~' ~c in ana gr the Statg of California, personally appeared personally ' own to me (or prov d to me on the basis of satishctoD, evidence) bc the person(s) whose name(s) is/are subscribed to the within instrument and ac~owledged to me that he/she/they executed ~e same his~er/their authorized capaci~'(ies), and that by his~er/their si~ature(s) the instrument the person(s), or the enti~' upon behalf of which the person(s) acted, executed the instrument. ACCEPTANCE CERTIFICATE Print Name and Title The Ci~: of Temecula hereby accepts the Offer of Dedication hereby attached and consents to the recordation of grant of real property as set lbnh above. CITY OF TEMECULA Steven J. Ford Mayor ATTEST: Approved as to Form: Susan W. Jones, CMC Ci.ty Clerk Peter M. Thorson Ci~ Attornev R:\AGMTS\OFFER DEDICATE ROADS CORP DOG BUS TURNOUT EASEMENT EXHIBIT "A" A portion of Parcel 1 and a portion of Parcel 2, as shown on Parcel Map 20278, on file in Book 127, Pages 35 and 36, of Parcel Maps, Records of Riverside County, State of Califomia, said land also being within the land described by the City of Temecula Certificate of Parcel Merger PA-97-009, recorded July 15,1997 as instrument 247869 records said County and more particularly described as follows: COMMENCING at the Centerline intersection of Solana Way and Margarita Road, said point being the beginning of a 2000.00 foot radius curve, on the Marrgarita Road centerline, concave Easterly, as shown on said Parcel Merger; THENCE, Northerly, along said centerline of said Margarita Road and the arc of said curve, through a central angle of 17° 10' 23", a distance of 599.46 feet; THENCE, North 76° 38' 30" East, 55.00 feet to a point on the Easterly 55.00 foot half width sideline of said Margarita Road, said point being the beginning of a non- tangent 1945.00 foot radius curve, concave Easterly, a radial bears South 76038'30'' West, said point also being the TRUE POINT OF BEGINNING; THENCE, Northerly along said sideline and the arc of said curve, through a central angle of 04 o 10' 41", a distance of 141.83 feet; THENCE, North 80 o 49' 12" East, 8.00 feet to beginning of a 1937.00 foot radius non-tangent curve concave Easterly, a radial bears South 80 °49'12" West; THENCE, Southerly along the arc of said curve, through a central angle of 04 o 10' 41 ", a distance of 141.25 feet; THENCE, South 76° 38' 30" West, 8.00 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 1132 square feet, more or less. '~~arrinL, tOn, E~cense Expires: 9-30-0L0 Date: D:'JOBDATA\12903XLEGALSXNEWBUS.LGL Tr~II~OUIL/~ NO SCALE SITE VICINITY MAP ITEM 8 APPROVAL ~ CITY MANAGER ,/~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council William G. Hughes, Acting Director of Public Woes/City Engineer June 8,1999 SUBJECT: Quitclaim Public Utility Easements over Solana Ridge Development in portion of Parcel Map No. 20278 (Northeast comer of Margadta Road at Solana Way) PREPARED BY: ¢~/Ronald J. Parks, Deputy Director of Public Works fl~>Albert K. Cdsp, Permit Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS IN PARCEL MAP NO. 20278. BACKGROUND: The Riverside County Board of Supervisors approved Tract No. 3334 on July 6, 1965, including acceptance of offers of easements for the construction and maintenance of public utilities on private lands. Lot 88 of that tract was later re-subdivided as Parcel Map No. 20278 which created four parcels. The subject public utility easements were also shown on Parcel Map No. 20278. The owners agent, Rick Engineering Company, has contacted the several utility companies normally using such easements. Each has stated its' approval for the quitclaim/vacation of these easements which were intended for the overhead pole systems in use at that time. With the shift to underground telephone and electdcel service systems these easements became obsolete. A portion of Parcel No. 1 in said Parcel Map No. 20278 was previously sold and is not included in this quitclaim process. The remaining portion of the subject parcel map was later merged into one parcel by Certificate of Parcel Merger No. PA97-0091 as approved by the Planning Department July 14, 1997. The subject location and documents are included with this staff report. The legal description and plat are attachments (Exhibits "A" and "B") to City Council Resolution No. 99- R:~agdrpt~agendaresoform/ajp 1 FISCAL IMPACT: None ATTACHMENTS: 1. Location Map 2. Resolution No. 99- with Exhibits "A" and "B". R :~agdrpt~agendaresoform/ajp 2 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS IN PARCEL MAP NO. 20278. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Riverside County Board of Supervisors approved Tract No. 3334 and accepted certain offers for public utility easements made by Rancho California,a Partnership; and, WHEREAS, a succeeding developer, Alfred Fiske, resubdivided Lot 88 of said Tract Map No. 3334, which the County of Riverside approved and recorded as Parcel Map No. 20278, and which displayed the same public utility easements shown and recorded on Tract No 3334: and, WHEREAS, a succeeding owner/developer, A.G. Spanos Construction, desires to have removed these easements from a portion of Parcel Map No. 20278: and, WHEREAS, The several public utilities and water districts for which easements were granted on Tract Map No. 3334, and expressly over Lot 88, which lot has been resubdivided as Parcel Map No. 20278, concur in that said easements are no longer required for the several utilities' installation and maintenance of their facilities, and are in accord with the vacation/quitclaim of these easements NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the quitclaim of said public utility easements as accepted by the County of Riverside and by succession to the City of Temecula, as set forth in Exhibits "A" and "B"" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of June, 1998. Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC, City Clerk R:~agdrpt%agendaresoform/ajp 3 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:%agdrpt%agendaresoforrWajp 4 P~RCe~ y U. O~ 6~ nc~ 57 / / Parcel Map No. 20278 Location Map · m' 9 f /i NOTE: MAPS NOT TO SCALE RESOLUTION NO. 99- QUITCLAIM OF PUBLIC UTILITY EASEMENTS Those portions shown as a 6.00 foot and a 12 foot by 60 foot Public Uilitiy Easement, lying Weste~y of the Easterly line and Southerly of the Northerly line of Parcel Map 20278, as file in Book 127, Pages 35 and 36 of Parcel Maps, lying within Parcel Merger Number 97-0091, as recorded on J'uly 15, 1997, as Instnmaent Number 247869 of Official Records, all Records of Riverside County, within the City of Temecula, County of Riverside, State of California. License Expires: 9-30-00 Date: 903ease.vac A N82_' 54'33,W NORTHERLY LINE PM 20278 PMB 127/35-36 72.38' PUBLIC UTILITY EASEMEN1 AS SHOWN ON PARCEL MAP 20278, PUB 127/35-36 PAROEL ]VIER,GER PA 97'-0091 DATED 7- EASTERLY LINE PARCEL MERGER EASTERLY LINE PM 20278, PM8 127/35-36 No. DIRECTION DISTANCE LI N 31'46'22' W 74.85 RESOLUTION NO. 99- EXHIBIT 'B' QUITCLAIM OF PUBLIC UTH,,ITY EASEMENTS )usr/'pro~c~tc~/r,grp/c~,t2903/905plfB.cjCJn RICK ENGINEERING COMPANY CIVIL ENGINEERS SURVEYORS PLANNERS 3050 CHICAGO AVE.. SUITE I00, RIVERSIDE. CA 92507 SCALE I':100' !DATE AUGUST 6, 1997 PLOT DATE: 18-AUG-t99? JN 12903 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council /},J.~Atwilliam G. Hughes, Acting Director of Public Works/City Engineer DATE: June 8, 1999 SUBJECT: Extension of Time for Tract Map No. 25892 (South side of Pauba Road between Ynez Road and Margarita Road). PREPARED B~ Ronald J. Parks, Deputy Director of Public Works Albert K. Cdsp, Permit Engineer RECOMMENDATION: That the City Council 1. AUTHORIZE extension of Time for Completion of Work for Tract Map No. 25892. 2. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On November 25, 1997, the City Council approved Tract Map No. 25892, and entered into Subdivision Improvement Agreements with: Chong She Wang, Chunghsin Wang, Richard Lin, and Ary Lin 13081 Stanton Avenue Santa Ana, CA 92705 For the improvement of streets and drainage, water and sewer systems, and subdivision monumentation. Accompanying the agreements were the following Irrevocable Standby Letters of Credit (LOC) posted by the Far East Bank: LOC No. 8010314 in the amount of $859,000 ($554,000, $74,000, and $231,000, for street and Drainage, water, and sewer improvements, respectively) for Faithful Performance LOC No. 8010315 in the amount of $429,500 ($277,000, $37,000, and $115,500 for street and drainage, water, and sewer improvements, respectively) for labor and materials. LOC No. 8010315 in the amount of $5,000 for Subdivision Monumentation. The subdividers have requested a one-year extension of time to provide time to resolve some environmental issues and to complete the requisite construction. Under the Subdivision Improvement Agreement- Section 20. "Time for Completion of Work/Time Extension"- such extensions may be recommended for cause by the City Engineer. The environmental issues are being addressed and protection of the endangered species is being assured through the imminent issuance of U.S. Fish and Wildlife Service and U.S Army Corps of Engineers approvals/permits. FISCAL IMPACT: ATTACHMENT: None Location Map r:~agdrpt~99~0608~r25892.extrja Tract No. 25892 Location MaD NOTE: MAPS NOT TO SCALE ITEM 10 CiTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council -/~)~'tWilliam G. Hughes, Acting Director of Public Works/City Engineer June 8, 1999 Release Traffic Signalization Mitigation secudty for Tract No. (Northwesterly of intersection of Pala Road at Loma Linda Road) BY: ~ Ronald J. Parks, Deputy Director Public Works PREPARED ~Albert K. Cdsp, Permit Engineer of RECOMMENDATION: That the City Council: , 21O67. AUTHORIZE release of the Traffic Signalization Mitigation security for Tract 21067. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On September 18, 1991, the City Council approved Tract Map No. 21067, and entered into Subdivision Agreement with: Kingsway Construction Corporation 2650 Camino Del Rio North San Diego, CA 92108 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the Subdivision Agreement were surety bonds issued by Insurance Company of the West as follows: Bond No. 117 85 65 in the amount of $1,571,500 ($1,255,500, $149,500, and $166,500, respectively) to cover faithful performance for streets and drainage, water and sewer improvements. Bond No. 117 85 65 in the amount of $785,750 ($628,000, $75,000, and $82,750, respectively) to cover labor and materials for streets and drainage, water and sewer improvements. Bond No. 117 85 66 in the amount of $31,284 to cover subdivision monumentation. Also filed with these securities was the following bond: Bond No. 117 85 68 in the amount of $12,900 for Traffi~ Signalization Mitigation fees. R:~agdrpt~99~0608~r21067tsm Kingsway Construction Corporation's successor-in-interest of this site is: Santa Barbare 86 (Westmark Communities, Inc., General Partner) One Columbia Aliso Viejo, CA 92656 who executed replacement agreements and securities for the contractual work. Replacement surety bonds were posted by the same surety, Insurance Company of the West, under the same bond numbers and in the same amounts as the original documents. On December 19, 1995, the City Council authorized a fifty-percent (50%) reduction in Faithful Performance. The remaining Faithful Performance Bond amount was sufficient to both complete the remaining work and provide the contractual ten-percent (10%) warranty amount, as follows: Street, Water and Sewer Improvements Bond No. 117 85 65 $785,750 On March 2, 1999, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized release of the Subdivision Monumentation security and reduction in the Faithful Performance secudty to the following ten-percent warranty amount: Street, Water, and sewer improvements warranty Bond No. 117 85 65 $157,150 The developer has requested release of the Traffic Signalization Mitigation secudty for this project. All appropriate fees have been paid, either on the per-lot basis or under the Public Facilities Development Impact Fee structure adopted by the City Council under Ordinance No. 97-14. Staff therefore recommends release of the following security: Traffic Signalization Mitigation Fees Bond No. 117 85 68 $12,900 The developer posts Labor and Materials security to assure payment to suppliers of labor and materials. This security is retained until the contractual six-month lien period following City Council acceptance of the public improvements has run, at which time Staff recommends release or reduction in the security depending on the amount of any unsatisfied claims for labor or materials posted against the development. The affected streets were accepted into the City-Maintained Street System by Resolution No. 99-17 on March 2, 1999. The streets accepted are Trotsdale Drive, Rein Court, and portions of Canterfield Drive and Murfield Drive. Those portions of relocated Tem~cu Lane and Canterfield Drive within the parksite area of this tract will be accepted at a later date. FISCAL IMPACT: ATTACHMENT: None Location Map R:~agdq~t~99~0608W21067tsrn VICINITY MAP 118 ,~ C A L Ir I' ii TRACT NO. 21067 · ,,,,. t~Stllt 9~ Location Map ITEM 11 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ,/'~/~. William G. Hughes, Acting Director of Public Works/City Engineer DATE: June 8, 1999 SUBJECT: Reimbursement Agreement with Rancho California Water District Pala Road Bridge, Project No. PW97-15 PREPARED BY: Brian Gulllot, Assistant Engineer ~ RECOMMENDATION: That the City Council approve the attached reimbursement agreement with Rancho California Water District (RCWD) for the cost to install/relocate certain water improvements in conjunction with the construction of the Pala Road Bridge, Project No. PW97-15 and authorize the Mayor to execute the agreement. BACKGROUND: As a consequence of the relocation of Pala Road, certain water improvements must be relocated. This Reimbursement Agreement requires RCWD to reimburse the City one hundred percent (100%) of the costs for the installation/relocation and adjustments of certain water improvements included with the subject project. RCWD agrees to provide and pay for inspection of the facilities as identified on the project plans. The amount of reimbursement is based on the bid price as specified in the contract awarded by the City Council to Granite Construction. This reimbursement agreement states that RCWD will reimburse the City one hundred percent (100%) of their cost forty~five (45) days after RCWD receives notice from the City that the installation/relocation of certain water facilities is complete. On February 4, 1999, bids were opened and the total cost of water facility bid items to be reimbursed by RCWD is estimated at $498,060.00. FISCAL IMPACT: The costs associated with these improvements will be offset by the reimbursement by Rancho California Water District. These costs are included in the contract awarded by the City Council on February 9, 1999, to Granite Construction Company. ATTACHMENT: Rancho California Water District Reimbursement Agreement r:\agdrpt\99\O223\rcwdagrmt-pw97-17 1 Ranr Ralph H. Daily Doug Kulberg Lisa D. Herman Csaba F. Ko Scott A. Melntyre Jef~'ey L. Minklet George M. Woods { ,Jnhn F. Hennigar Phillip L. Forbes Kenneth C. Dealy I.inda M. Fregoso C. Michael Cowett Best Best & blrieger LLP April 1, 1999 Brian Gulllot, Assistant Engineer City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 REC.F-iVED . ~ - .d~ ~ , - A P R 61999 C!~/ OF I'EMECULA ENGINEERING DEF'ARTMENT SUBJECT: PALA ROAD BRIDGE FACILITY RELOCATIONS [PROJECT NOS. D0800, D0828, D0829] Enclosed are: NO. OF COPIES 2 Sets DESCRIPTION Signed reimbursement agreement This data is submitted: (x) For your action General Remarks: John Hennigar, General Manager, has signed the reimbursement agreements for the subject project which are enclosed for your action. Once the City has signed the agreements, please provide Rancho California Water District with one original. RANCHO CALIFORNIA WATER DISTRICT De~nnis~Wilfiams~_~t,~' ' Sr. Engineering Technician Project Manager 99\DW:mc016~ADM-110\D0800+ Enclosures Rancho California Water District .12135 Winchester Road · P,>st (){'rice Box 9017 · TeznucuhL Calif,>rni:l 92589-9017 · ,909~ 676-41(11 ° l",~'i ~909> 676-1)615 REIMBURSEMENT AGREEMENT Between CITY OF TEMECULA And RANCHO CALIFORNIA WATER DISTRICT For PALA ROAD BRIDGE PROJECT NO. PW97-15 THIS AGREEMENT is made and entered into as of June 8, 1999, by and between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water District, a California Water District and existing and operating under Division 13 of the California Water Code, hereinafter referred to as "RCWD". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. PURPOSE OF THE AGREEMENT. The purpose of this A~eement is to establish reimbursement to CITY by RCWD/'or the cost of the installation and/or relocation of certain water improvements made necessary by the construction of Pala Road Bridge, Project No. PW97-15, hereinafter referred to as "PROJECT". Section II. REIMBURSMENT. RCWD shall reimburse CITY for one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENT"), for the installation and/or relocation and adjustments of certain water improvemenks within the PROJECT area that are aft~cted by the PROJECT. The costs for the REIMBURSEMENT to CITY by RCWD shall include the tollowing items as shown within the attached Bid Result Spreadsheet in accordance with the terms of the construction contract described in Section III: Ao Water Items Bid Items W-I through W-16 Bid Items 80 & 81 Total Extended Bid Amounts $ 451,860.00 $ 46,200.00 $ 498,060.00 Section !1I. COSTS. Costs are based on construction bids received for the PROJECT under "Schedule of Prices-Base Bid" shown within the attached Bid Result Spreadsheet. CITY has evaluated and analyzed all bids received, and selected the lowest responsible bidder for the PROJECT as Granite Construction Company of Watsonville, California (hereinafter referred to as "CONTRACTOR"). RCWD has reviewed the bids and approved CITY's selection of CONTRACTOR prior to the commencement of the work on the PROJECT. RCWD shall maintain, as a contingency, an amount equal to ten percent (10%) of the total estimated cost fi~r installing the water facilities to compensate tbr any untbreseen changes to the work. The CITY shall t~btain approval from RCWD prior to approving any change orders associated with the installation of certain water improvements described herein and authorizing the contractor to proceed. CITY shall make payment to CONTACTOR tbr work per~rmed in accordance ~vith the contract. Actual costs shall be identitied and billed to RCWD for payment on the following basis: The construction schedule as prepared by CONTRACTOR for PROJECT identifies when certain water improvements will be constructed in the course of the work. One Hundred Percent (100%) t~f the REIMBURSEMENT shall be due and payable to CITY forty-five (45) 1 Of 3 r:\cip\projects\pw97\pw97-15\rcwdagreernent Percent (100%) of the REIMBURSEMENT shall be due and payable to CITY forty-five (45) days after RCWD receives notice from the CITY that the work identified above is complete. Section IV. CONSTRUCTION MANAGEMENT. It is acknowledged that RCWD has reviewed and approved all CITY plans and specifications for the installation and/or relocation of the water facility improvements and has approved the bid amount as reasonable. CITY shall perform construction management and administration of the terms expressed herein for the PROJECT. CITY agrees to designate Mr. William G. Hughes, Acting Director of Public Works/City Engineer, as the contact for CITY in regards to this agreement. RCWD agrees to designate Mr. Andrew Webster, Planning & Capital Projects Manager as a point of contact for RCWD to facilitate the reimbursements identified herein. Section V. CONSTRUCTION INSPECTION. RCWD shall provide and pay for the inspection of all new and relocated facilities specifically, Bid Items No. W-1 through W-16 and Bid Items No. 80 & 81. Section VI. NOTICE. All notices under this Agreement shall be sent as follows: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Attn: Andrew Webster, Planning & Capital Projects Manager CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Arm: William G. Hughes, Senior Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. , 2 of 3 r:\cip\projects\pw97\pw97-15\rcwdagreement This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT CITY OF TEMECULA By: Steven J. Ford, Mayor By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk 3 of 3 r :\cip\projects\pw9 7\pw9 7 - 15\rcwdagreemem I ITEM DESCRIPTION ESTIMATED UNIT UNIT NO. QUANTTTY PRICE 82 MISCELLANEOUS METAL (BRIDGE) 15,735 LB ~ ~ I I ! I I I I I I ! 83 TUBULAR HANDRAILING 84 85 CONCRETE BARRIER (TYPE 26 MODIFIED) ARCHITECTURAL TREATMENT EXTENDED AMOUNT ,...~ 86 SCE ELECTRIC UNDERGROUND SYSTEM 87 METAL BEAM GUARD RAIL W/TYPE 1M FLARE PER CALTRANS STD. A77A & A77D REMOVE AND SALVAGE EXISTING TRAFFIC 88 SIGNAL SYSTEM AT PALA ROAD AND I LS RAINBOW CANYON ROAD INTERSECTION INSTALL A FULLY OPERATIONAL TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF PALA ROAD AT RAINBOW CANYON ROAD, COMPLETE WITH ILLUMINATED STREET NAME SIGN, SAFETY LIGHTING, EMERGENCY VEHICLE PRE-EMPTION EQUIPMENT, REMOVING EXISTING TRAFFIC STRIPES, 89 PAVEMENT MARKINGS, AND PAVEMENT I LS MARKERS (from 79S to tie-in to existing Pale Road), TRAFFIC SIGNING AND STRIPING (from 79S to tie-in to existing Pale Roadl, INCLUDING ALL INCIDENTAL WORK AND MATERIALS AS CALLED FOR IN THE TRAFFIC SIGNAL AND SIGNING AND STRIPING PLANS AND RELATED SPECIFICATIONS. MAINTAIN EXISTING LANDSCAPE IRRIGATION SYSTEM DURING CONSTRUCTION 90 I LS I I I I I I RANCHO CALIFORNIA WATER DISTRICT ITEMS 30' TRANSMISSION PIPELINE PROJECT NO. D0800 30-INCH CML&C STEEL WATERLINE W-1 760 LF (10 GA. MINI 16-INCH CML&C STEEL WATERLINE W-3 53 LF (12 GA. MINI 16-INCH CML & TAR WRAPPED WATERLINE W-4 670 LF (12 GA. MINI W-6 30-INCH FLANGED BUTTERFLY VALVE 2 EA 4° AIR AND VACUUM RELEASE ASSEMBLY W-12 2 EA (OMIT VENT CAN) W-14 6° SUPER FIRE HYDRANT ASSEMBLY 3 EA W- 16 WATERLINE TRENCH PROTECTION I LS PROPOSAL P-O6 A:,UaALA 8OILER (3}.DOC I I ! I I I I I I ITEM DESCRIPTION ESllMATED UNIT UNIT NO. QUANTITY PRICE SUBTOTAL 16° POTABLE WATER RELOCATION PROJECT NO. D0829 EXTENDED AMOUNT 244NCH CML&C STEEL WATERLINE W-2 7 LF (12 GA. MIN| 16-INCH CML&C STEEL WATERLINE W-3 994 LF (12 GA. MINI W4 164NCH CML &TAR WRAPPED WATERLINE 334 LF (12 GA. MINI W-7 24" FLANGED BUTTERFLY VALVE I EA W-8 16'" FLANGED BUTTERFLY VALVE 6 EA W-10 8° RESILIENT WEDGE VALVE I EA W-11 2' AIR AND VACUUM RELEASE ASSEMBLY 4 EA ,~ x~k W-14 6'" SUPER FIRE HYDRANT ASSEMBLY 2 EA .,, \~ W-15 ABANDONMENT OF EXISTING 18" POTABLE I LS - WATERUNE PIPE I ,....~.~W-16 WATERLINE TRENCH PROTECTION I LS SUBTOTAL I 16® RECLAIMED WATER RELOCATION PROJECT NO. D0828 w-3 ~64.c, cML,-C STEE, WATE.U.E (12 GA. MINI W4 164NCH CML &TAR WRAPPED WATERLINE 3~ ~ ~/ 112 GA. MINI w-s ~24.c, c~c s~t w~TE.uRE {12 GA. MINI W-S lS" F~NGED SUreRFLY VALVE 1 w-s ~2- REs~uEN~ wEDeE W~VE W-11 2' NR AND VACUUM RE~SE ASSEMBLY 2 (PER DR. ON SHE~ 61 W-15 ABANDONME~ OF ~IS~NG 12' REC~IMED I LS PROPOSAL P~7 A:~PA~ BOILER ITEM NO. 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 DESCRIPTION PROTECT EXISTING WATER LINE AND APPURTENANCES PROTECT EXISTING RECLAIMED WATER LINE AND APPURTENANCES PROTECT EXISTING POWERLINES, POLES, AND RELATED FACILITIES ADJUST EXISTING STREET LIGHT TO GRADE PROTECT EXISTING TELEPHONE LINE AND RELATED FACILITIES PROTECT EXISTING GAS LINE AND RELATED FACILITIES PROTECT EXISTING CABLE TELEVISION FACILITIES BRIDGE REMOVAL STRUCTURE EXCAVATION, BRIDGE STRUCTURE EXCAVATION (TYPE D) STRUCTURE BACKFILL, BRIDGE FURNISH PILING (CLASS 100) DRIVE PILING (CLASS 100) PRESTRESSING CAST-IN-PLACE CONCRETE STRUCTURAL CONCRETE, BRIDGE FOOTING STRUCTURAL CONCRETE, BRIDGE STRUCTURAL CONCRETE, APPROACH SLAB {TYPE EQI JOINT SEAL TYPE B (MR = 2' ) BAR REINFORCING STEEL (BRIDGE) 30° STEEL THIMBLE CASING (BRIDGE) 16® STEEL THIMBLE CASING (BRIDGE) · ESTIMATED QUANTITY 1 1 1 2 1 1 1 493 720 128 2,307 88 100.454 300 2,230 54 199 710,539 132 UNIT - ' UNIT. EXTENDED PRICE AMOUNT Ls i~CCC :~~CC~ Ls , ~,"-'-".= ~bO~ " '.,cr.C~'~,CCC.~' ,~C~ Ls ': CO0~ i D~~ LS r,../y~. ~ LS CY CY CY LF EA LB CY CY CY LF LB LF LF '7 g, ccO~' 7 5,oct ':" 15o~ 6.6od~ PROPOSAL BOILER (3).DOC P-05 a R:~CIF~.PROJECTS\RN97\PW'97-15\PALA REIMBURSEMENT AGREEMENT Between CITY OF TEMECULA And RANCHO CALIFORNIA WATER DISTRICT For PALA ROAD BRIDGE PROJECT NO. PW97-15 THIS AGREEMENT is made and entered into as of April 13, 1999, by and between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water District, a California Water District and existing and operating under Division 13 of the California Water Code, hereinafter referred to as "RCWD'. In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGR ERMRNT. The purpose of this Agreement is to establish reimbursement to CITY by RCWD for the cost of the installation and/or relocation of certain water improvements made necessary by the construction of Pala Road Bridge, Project No. PW97-15, hereinafter referred to as "PROJECT". Section II. REI1MBURSMRNT. RCWD shall reimburse CITY for one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENT"), for the installation and/or relocation and adjustments of certain water improvements within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY by RCWD shall include the following items as shown within the attached Bid Result Spreadsheet in accordance with the terms of the construction contract described in Section III: A. Water Items Extended Bid Amounts Bid Items W-1 through W-16 Bid Items 80 & 81 Total $ 451,860.00 $ 46,200.00 $ 498,060.00 Section III. COSTS. Costs are based on construction bids received for the PROJECT under "Schedule of Prices-Base Bid" shown within the attached Bid Result Spreadsheet. CITY has evaluated and analyzed all bids received, and selected the lowest responsible bidder for the PROJECT as Granite Construction Company of Watsonville, California (hereinafter referred to as "CONTRACTOR" ). RCWD has reviewed the bids and approved CITY's selection of CONTRACTOR prior to the commencement of the work on the PROJECT. RCWD shall maintain, as a contingency, an amount equal to ten percent (10%) of the total estimated cost for installing the water facilities to compensate for any unforeseen changes to the work. The CITY shall obtain approval from RCWD prior to approving any change orders associated with the installation of certain water improvements described herein and authorizing the contractor to proceed. CITY shall make payment to CONTACTOR for work perfanned in ~.ccordance with the cont, ak.,. Actual costs shall be identified and billed to RCWD for payment on the 1011owing basis: A, The construction schedule as prepared by CONTRACTOR for PROJECT identifies when certain water improvements will be constructed in the course of the work. One Hundred 1 of 3 r:\cip\projects\pw97\pw97-15\rcwdagreement Percent (100%) of the REIMBURSEMENT shall be due and payable to CITY forty-five (45) days after RCWD receives notice from the CITY that the work identified above is complete. Section IV. CONSTRUCTION MANAGEMENT. It is acknowledged that RCWD has reviewed and approved all CITY plans and specifications for the installation and/or relocation of the water facility improvements and has approved the bid amount as reasonable. CITY shall perform construction management and administration of the terms expressed herein for the PROJECT. CITY agrees to designate Mr. William G. Hughes, Acting Director of Public Works/City Engineer, as the contact for CITY in regards to this agreement. RCWD agrees to designate Mr. Andrew Webster, Planning & Capital Projects Manager as a point of contact for RCWD to facilitate the reimbursements identified herein. Seaion V. CONSTRUCTION INSPF, CTION. RCWD shall provide and pay for the inspection of all new and relocated facilities specifically, Bid Items No. W-1 through W-16 and Bid Items No. 80 & 81. Section VI. NOTICE. All notices under this Agreement shall be sent as follows: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Attn: Andrew Webster, Planning & Capital Projects Manager CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Arm: William G. Hughes, Senior Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. 2 of 3 r:\cip\projects\pw97\pw97-15\rcwdagreement This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT John He City: CITY OF TEMECULA By: Steven J. Ford, Mayor By: Peter M. Thorson, City AUomey ATTEST: Susan W. Jones, CMC, City Clerk 3 of 3 r:\cip\projects\pw97\pw97-15\rcwdagreement I ITEM DESCRIPTION ESTIMATED UNIT UNIT A NO. QU NTITY PRICE 82 MISCELLANEOUS METAL (BRIDGE) 15,735 LB 3 ~ I I I I I I I I I I 83 TUBULAR HANDRAILING 84 648 LF 648 LF CONCRETE BARRIER (TYPE 26 MODIFIED) 85 ARCHITECTURAL TREATMENT 945 SQFT EXTENDED AMOUNT 86 SCE ELECTRIC UNDERGROUND SYSTEM I LS 87 METAL BEAM GUARD RAIL WI TYPE 1M FLARE 125 LF PER CALTRANS STD. A77A & A77D REMOVE AND SALVAGE EXISTING TRAFFIC 88 SIGNAL SYSTEM AT PALA ROAD AND I LS RAINBOW CANYON ROAD INTERSECTION INSTALL A FULLY OPERATIONAL TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF PALA ROAD AT RAINBOW CANYON ROAD, COMPLETE WITH ILLUMINATED STREET NAME SIGN, SAFETY LIGHTING, EMERGENCY VEHICLE PRE-EMPTION EQUIPMENT, REMOVING EXISTING TRAFFIC STRIPES, 89 PAVEMENT MARKINGS, AND PAVEMENT I LS MARKERS (from 79S to tie-in to existing Pala Road), TRAFFIC SIGNING AND STRIPING (from 79S to tie-in to existing Pala Road), INCLUDING ALL INCIDENTAL WORK AND MATERIALS AS CALLED FOR IN THE TRAFFIC SIGNAL AND SIGNING AND STRIPING PLANS AND RELATED SPECIFICATIONS. MAINTAIN EXISTING LANDSCAPE IRRIGATION 1 SYSTEM DURING CONSTRUCTION 9O LS I I I I I I RANCHO CALIFORNIA WATER DISTRICT ITEMS "= ':"~'~ .... ;42~ ~ .'._t 30* TRANSMISSION PIPEUNE PROJECT NO. D0800 30-INCH CML&C STEEL WATERLINE W-1 760 LF (10 GA. MIND 16olNCH CML&C STEEL WATERLINE W-3 53 LF (12 GA. MINI 16-INCH CML & TAR WRAPPED WATERLINE W-4 670 LF (12 GA. MIN) W-6 30-INCH FLANGED BUTTERFLY VALVE 2 EA W-12 4° AIR AND VACUUM RELEASE ASSEMBLY 2 EA (OMIT VENT CAN) W-14 6' SUPER FIRE HYDRANT ASSEMBLY 3 EA W-16 WATERLINE TRENCH PROTECTION I LS PROPOSAL P-06 A:~PALA 8OILER (3).DOC I I ! I ! I I ! I I I I I I I I I I I ITEM NO. DESCRIPTION 16= POTABLE ESTIMATED UNIT UNIT QUANTITY PRICE SUBTOTAL WATER RELOCATION PROJECT NO. D0829 EXTENDED AMOUNT W-2 W-3 W4 W-7 W-8 W-10 W-11 W-14 W-15 W-16 24-INCH CML&C STEEL WATERLINE (12 GA. MINI 164NCH CML&C STEEL WATERLINE (12 GAo MINI 164NCH CML & TAR WRAPPED WATERLINE (12 GA. MIN) 24" FLANGED BUTTERFLY VALVE 16'" FLANGED BUTTERFLY VALVE 8'" RESILIENT WEDGE VALVE 2' AIR AND VACUUM RELEASE ASSEMBLY 6'" SUPER FIRE HYDRANT ASSEMBLY ABANDONMENT OF EXISTING 18' POTABLE WATERLINE PIPE WATERLINE TRENCH PROTECTION 16° RECLAIMED WATER RELOCATION ., L, i10~ tO1~3t/O~ 4 ~ '~,~eO~ ~0 ~ , ~ 1,0~~ I,b~~ PROJECT NO. D0828 W-3 W-4 W-5 W-8 W-9 W-11 W-13 W-15 W-16 PROPOSAL 164NCH CML&C STEEL WATERUNE (12 GA. MINI 16-INCH CML & TAR WRAPPED WATERLINE (12 GA. MINI 124NCH CML&C STEEL WATERLINE (12 GA. MIN) 16'" FLANGED BUI'rERFLY VALVE 12' RESILIENT WEDGE VALVE 2' AIR AND VACUUM RELEASE ASSEMBLY 6' BLOW OFF ASSEMBLY (PER DET. ON SHEET 6I ABANDONMENT OF EXISTING 12'" RECLAIMED WATERLINE PIPE WATERLINE TRENCH PROTECTION P-07 A:~PALA BOILER 13I.DOC ITEM NO. 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 DESCRIPTION PROTECT EXISTING WATER LINE AND APPURTENANCES PROTECT EXISTING RECLAIMED WATER LINE AND APPURTENANCES PROTECT EXISTING POWERLINES, POLES, AND RELATED FACILITIES ADJUST EXISTING STREET LIGHT TO GRADE PROTECT EXISTING TELEPHONE LINE AND RELATED FACILITIES PROTECT EXISTING GAS LINE AND RELATED FACILITIES PROTECT EXISTING CABLE TELEVISION FACILITIES BRIDGE REMOVAL STRUCTURE EXCAVATION, BRIDGE STRUCTURE EXCAVATION (TYPE D) STRUCTURE BACKFILL, BRIDGE FURNISH PILING (CLASS 100) DRIVE PILING (CLASS 100) PRESTRESSING CAST-IN-PLACE CONCRETE STRUCTURAL CONCRETE, BRIDGE FOOTING STRUCTURAL CONCRETE, BRIDGE STRUCTURAL CONCRETE, APPROACH SLAB (TYPE EQ) JOINT SEAL TYPE B (MR = 2° ) BAR REINFORCING STEEL (BRIDGE) 30' STEEL THIMBLE CASING (BRIDGE) 16' STEEL THIMBLE CASING (BRIDGE) --ESTIMATED QUANTITY 2 493 720 128 2,307 88 100,454 300 2,230 UNIT- LS LS LS LS LS LS LS -UNIT- PRICE ,CCC :~ · ~."-'-' EXTENDED AMOUNT , CO0 '7 g, cco'~' 7 5, oco '-" 30o" 3'~.Gooc°- 15o~ 6.(,00~2 132 44 PROPOSAL BOILER (3).DOC P-O5 a R:~CIF~PROJECTS\PW9 7\PW9 7-15\PALA ITEM 12 APPROVAL;,~, CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER , CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council William G. Hughes, Acting Director of Public Works/City Engineer June 8, 1999 SUBJECT: Purchase of Traffic Signal Poles and Controller Assembly for Traffic Signal Installation at Margarita Road/Pauba Road, Project No. PW98-13 PREPARED BY: Brian Gulllot, Assistant Engineer/~ RECOMMENDATION: That the City Council approve the purchase of traffic signal poles and controller assembly from McCain Traffic Supply in the amount of $25,317.60 for the traffic signal installation on Margarita Road at Pauba Road, Project No. PW98-13. BACKGROUND: The City Council approved the solicitation of bids on May 11, 1999, for the installation of a traffic signal at the intersection of Margarita Road at Pauba Road as proposed in the FY1998-99 Capital Improvement Program budget. In order to fast track the construction of the subject traffic signal, the City has elected to purchase the traffic signal poles and controller assembly in advance of the award of the construction project. At the present time the traffic signal poles require a 10-12 week lead-time. It is anticipate that the advance purchase will reduce the total time required to complete the project. Public Works Staff requested bids from three different venders with the following results: 1. McCain Traffic Supply $25,317.60 10-12 weeks delivery 2. GE Supply $25,514.04 12-14 weeks delivery 3. Rose Supply Company - no response FISCAL IMPACT: This project is a Capital Improvement Project and is funded through Signal Mitigation Fees and Development Impact Fees (DIF). Adequate funds are available in, Account No. 210-165-699-5804, Project No. PW98-13. r:\agdrpt\99\0608\pw98-13sigpoles/ajp ITEM 13 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council /)~.)~../tWilliam G. Hughes, Acting Director of Public Works/City Engineer June 8, 1999 Award of Construction Contract Street Sealing Project FY98-99 - Project No. PW99-04 PREPARED BY: Bradley A. Buron, Maintenance Superintendent Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: 1. Award a contract for the Street Sealing Project FY98-99, Project No. PW99-04, to Amedcan Asphalt Repair & Resurfacing Co. Inc. for $247,139.70, and authorize the Mayor to Execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,713.97, which is equal to 10% of the contract amount. BACKGROUND: On April 20, 1999, the City Coundl approved the plans and sped~cations, and authorized the Department of Public Works to solicit public construction bids. With the Pavement Management System (PMS) in place, a five (5) year Street Sealing Program has been formulated. This years Street Sealing Program will be using rubberized sealing agent called, "Rubberized Polymer Modified Emulsion (RPME)", which is a preventive maintenance measure where an asphalt concrete surface has become dry or bdttle. This rubberized agent will be placed over the existing A.C. pavement to replace the fine materials and oils, also seal the pavement surface against water intrusion. This treatment will prolong the life of the existing asphalt from five (5) to seven (7) years. All streets within the City were physically inspected, evaluated and prioritized during the implementation of the Pavement Management System. Based on these priorities, streets were grouped into areas that would provide for the most cost-effective projects while providing maintenance where it would be most beneficial (see Attachment "A' for streets). The work to be performed will also include crack sealing, treating of all oil stains and replacement of all striping and street legends. The Engineer's estimate for this project is $300,000.00. r:~agdrpfi99\0608~,,99-O4.awd/seh Three (3) bids were publicly opened on May 20, 1999 and results are as follows: 1. Pavement Coatings Co ......................................... $211,456.78 2. American Asphalt Repair & Resurfacing Co. Inc ....................... $247,139.70 3. Mission Paving and Sealing, Inc ................................... $372,256.96 Staff has reviewed the bid proposals and found American Asphalt Repair & Resurfacing Co. Inc. to be the lowest responsible bidder for this project. Pavement Coatings Co. bid a conventional Slurry Seal Type I. The project specifications called out for a "Rubberized Polymer Modified Emulsion (RPME)" slurry. Therefore, Pavement Coating's bid does not comply with the bid specifications and on this basic its bid is disqualified. American Asphalt Repair & Resurfacing Co. Inc. has performed work for the City in the past. The specifications allow Sixty (60) working days for completion of this project. Work is expected to begin in July, 1999 and be completed by the end of September, 1999. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: Funds are available in the Public Works Department Street Maintenance Account 001-164-601-5402. The total project is $271,853.67, which included the contract amount of $247,139.70 plus 10% contingency of $24,713.97. ATTACHMENT: Attachment "A" Contract r:~agdrpt\99\0608\pw99-04.awd/seh ATTACHMENT "A" CITY OF TEMECULA PUBLIC WORKS DEPARTMENT PROJECT NO. PW99-04 STREET SEALING PROJECT FY98-99 LOCATION YNEZ BETWEEN SANTIAGO & VALLEJO YNEZ BETWEEN VALLEJO AND FLORES YNEZ BETWEEN FLORES AND CORONADO YNEZ BETWEEN CORONADO AND YORBA YNEZ BETWEEN YORBA AND EAST VALLEJO YNEZ BETWEEN EAST VALLEJO AND JEDEDIAH SMITH DE PORTOLA BETWEEN JEDEDIAH SMITH AND VERDE DRIVE DE PORTOLA BETWEEN VERDE DRIVE AND PIO PICO DE PORTOLA BETWEEN PIO PICO AND MARGARITA SANTIAGO EASTBOUND FROM YNEZ TO END OF PAVING VALLEJO BETWEEN SANTIAGO AND YNEZ VALLEJO AVENUE BETWEEN YNEZ AND CABO STREET VALLEJO BETWEEN CABO AND PALMA VALLEJO BETWEEN PALMA AND LA PAZ VALLEJO BETWEEN LA PAZ AND YNEZ EAST VALLEJO BETWEEN YNEZ AND CABRILLO EAST VALLEJO BETWEEN CABRILLO AND END OF STREET CABRILLO BETWEEN VALLEJO AND JOHN WARNER CABRILLO BETWEEN JOHN WARNER AND YORBA CABRILLO BETWWEEN YORBA AND EAST VALLEJO CABRILLO BETWEEN EAST VALLEJO AND JEDEDIAH SMITH YORBA EAST OF CABRILLO TO CUL DE SAC YORBA BETWEEN CABRILLO AND YNEZ YORBA WEST OF YNEZ JOHN WARNER WEST OF CABRILLO JOHN WARNER EAST OF CABRILLO TO END OF ROAD JERAMIE DRIVE SOUTH OF JOHN WARNER CAJON DRIVE EAST OF CABRILLO FLORES CIRCLE WEST OF YNEZ FLORES CIRCLE EAST OF YNEZ CORONADO WEST OF YNEZ CORONADO EAST OF YNEZ LA PAZ BETWEEN YNEZ AND VALLEJO AVENUE LA PAZ BETWEEN VALLEJO AND 79S PALMA CIRCLE NORTH EAST OF VALLEJO AVENUE SQUARE FOOTAGE 31.540 31.380 47.650 47 160 79.810 33.440 152,690 72,060 65,560 42,390 42,280 22,230 49,280 26,800 84,200 24,780 7,830 31 490 24 130 38 010 16 940 14 940 27 610 9,460 13,460 15,530 7,740 10 800 16.540 11.110 10.520 11.000 35.380 16,230 10,480 r:~agdrpt~9\0420~w99-04.bid/seh LOCATION CABO STREET NORTH OF VALLEJO AVENUE JEDEDIAH SMITH BETWEEN 798 AND YNEZ JEDEDIAH SMITH BETWEEN YNEZ AND CABRILLO JEDEDIAH SITH BETWEEN CABRILLO AND CALLE DE VELARDO CALLE DE VELARDO BETWEEN JEDEDIAH SMITH AND PESCADO DRIVE CALLE DE VELARDO BETWEEN PESCADO AND CUL DE SAC PESCADO BETWEEN CALLE DE VELARDO AND MANZANO PESCADO BETWEEN MANZANO AND JEDEDIAH SMITH MANZANO BETWEEN PESCADO AND MIRAPOSA PLACE MANZANO BETWEEN MIRAPOSA AND SANTIAGO MIRAPOSA BETWEEN MANZANO AND CUL DE SAC SANTIAGO BETWEEN AVENIDA DE SAN PASQUAL AND MARGARITA SAN FERMIN PLACE BETWEEN MARGARITA AND CUL DE SAC PIASANO BETWEEN JEDEDIAH SMITH AND CUL DE SAC EL LUCERO PLACE BETWEEN JEDEDIAH SMITH AND CUL DE SAC EL FARO PLACE BETWEEN JEDEDIAH SMITH AND CUL DE SAC VERDE DRIVE BETWEEN DE PORTOLA AND CUL DE SAC VILLA DEL SUR BETWEEN DE PORTOLA AND CUL DE SAC PIO PICO ROAD BETWEEN DE PORTOLA AND RENDOVA PLACE PIO PICO ROAD BETWEEN RENDOVA PLACE AND MARGARITA RENDOVA PLACE BETWEEN PIO PICO AND CUL DE SAC SQUARE "FOOTAGE 15,160 19,440 19,560 25,290 55,940 27,550 24,700 25,970 34,970 17,860 14,480 48,750 35,450 25,000 15,280 13,410 13,270 18,830 43,510 19,320 17,850 TOTAL SQUARE FOOTAGE: 1,714,040 4 r:~agdrpt~99\0420'4:Nv99-04.bid/seh CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW99-04 STREET SEALING PROJECT FY98-99 THIS CONTRACT, made and entered into the 8th day of June, 1999, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and American Asphalt Repair & Resurfacing Co., Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereina~er named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW99-04, STREET SEALING PROJECT FY98-99, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the Amedcan Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW99-04, STREET SEALING PROJECT FY98-99. Copies of these Standard Specifications are available from the publisher: Building New, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW99- 04, STREET SEALING PROJECT FY98-99. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:~cip~projects~pw99~w99-04\contract = = The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW99-04, STREET SEALING PROJECT FY98-99 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED AND THIRTY-NINE DOLLARS and SEVENTY CENTS ($ 247,139.70), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed SIXTY (60) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of CONTRACT CA-2 R:\cip~prolects~ow99~pw99-04~contract 10. the Contract. Partial payments on the Contract pdce shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award pdce, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00-$500,000 180 days $2,250 + 2% ofamountin excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in wdting, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR CONTRACT CA-3 R:~cip%projects~pw99~Nv99-04~ontrad 11. 12. 13. 14. 15. 16. 17. shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable CONTRACT CA-4 R:~cip~orojects~pw99~pw99-04\contrad 18. 19. 20. 21. 22. times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the dghts, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal distdct court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. WRITTEN NOTICE. Any wdtten notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: VVilliam G. Hughes, Acting Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 R:\cip%projects~ow99~w99-04~contrad IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR American Asphalt Repair & Resurfacing Co., Inc. 27601 Industrial Blvd. Hayward, CA 94545 (510) 723-0280 By: Pdnt or type NAME DATED: APPROVED AS TO FORM: Print or type TITLE CITY OF TEMECULA By: Steven J. Ford, Mayor Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-6 R:~cip~projects~ow99~pw99-04\contract ITEM 14 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council CITY MANAGER William G. Hughes, Acting Director of Public Works/City Engineer June 8, 1999 Winchester Road at I-15 Off-Ramp Widening, Project No. PW97-03 Increase Construction Contingency PREPARED BY: Scott Harvey, Associate Engineer- Capital Projects RECOMMENDATION: That the City Council Authorize the Acting City Manager to approve Contract Change Orders (CCO) with Riverside Construction Company for the Winchester Road at 1-15 Off-Ramp Widening (Project No. PW97-03) in an additional amount of $19,194.18 above the previously approved contingency. BACKGROUND: On September 22, 1998 the City Council awarded a contract to Riverside Construction Company in the amount of $234,000.00 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. On January 12,1999, the City Council Authorize the Acting City Manager to approve CCO #1 with Riverside Construction, Company for above referenced project in an additional amount of $32,690.76 above the previously approved 10% contingency. CCO #1 was required to relocate 314 meters of three inch (3") irrigation main, 4,872 meters of irrigation wire, 436 meters of lateral lines, extend irrigation crossovers, relocate existing valves and heads, install five (5) pull boxes, and provide all necessary removals for the relocation of the existing irrigation system for both southbound ramps. CCO's #2 and #3 totaling $22,906.36 were approved by the City Manager under the 10% contingency authorization. This work included the removal of 8 existing street light foundations which were found underground, removal of 6 additional trees, removal and relocation of a street light standard, installing 625 L.F. of A.C. dike, installation of 222 meters of Type K rail, additional directional signs, and a encroachment permit rider from Caltrans. The amount remaining in the 10% construction contingency after these change orders is $493.64. CCO #4 includes the following: Install a newly required Caltrans Barrier Rail to replace the bid barrier rail (see no. 6 below) for a total amount of ....................... $1,258.00 Caltrans made changes to their barrier rail standards after our project plans were approved, which impacted our project. The actual Asphalt Concrete (A.C.) paving quantity differed from the bid quantity due to field conditions for an extra 82.21(9%) tons for a total cost of ........ $ 2,959.56 it was necessary to slightly expand our paving limits and increase the thickness of the A.C. to provide a smoother join to the modified southbound loop on-ramp. R :~agdrptL99\0608~pw97-03cco4 Unsuitable soil was encountered that was not identified in soils engineer's recommendations, the contractor removed and replaced 272.7 cubic meters of soil and replaced it with aggregated base for a total amount of .... $11,131.00 Unsuitable soil was found during grading for the relocation of the southbound ramp. The soil was saturated (too moist to support the new asphalt paving) around the existing southbound loop ramp. The saturation was the result of poor drainage on the existing ramp. Caltrans' required the City to install seven additional bushes and 200' of additional irrigation lines for a total amount of ..................... $1,955.00 Although Caltrans approved the original plans, they requested that the landscape improvements be added to restore the landscaping in the off-ramp area. Add additional directional signage to and from the freeway in the amount of ................................................ $ 2,959.26 These directional signs were on the shown on the plans but were not properly provided for in the bid schedule. The sign will help avoid motorist confusion and improve the efficiency of the new improvements. Credit for the bid barrier rail replaced by the newly required Rail System (see no. I above) for a credit .................................. $ -575.00 Caltrans made changes to their barrier rail standards after our project plans were approved, resulting this contract change. TOTAL ...............................................................................................$19,687.82 CCO #4 in the amount of $19,687.82 will exceed the remaining 10% construction contingency by $19,194.18. A detailed list of each change order to date is available in the Pubic Works Department. FISCAL IMPACT: The Winchester Road at 1-15 Off-Ramp Widening Project is funded by Capital Project Reserves and Redevelopment Agency funds. Adequate funds are available in the project Account No. 210-165-697-5804 to cover the requested amount. ATTACHMENTS: Contract Change Order No. 4 R:',agdrpt~9\O608~pw97-03cco4 CONTRACT CHANGE ORDER NO. 4 CONTRACT NO. PW97-03 , City of Temecula -:-3200 Bus~ness Park Dnve · Temecula, CA 92590 · Mathng Address: P O Box 9033 · Temecula, CA 92589-9033 ~,Dgl 694-6444 · Fax (909) 694-1999 PR1 :T: Winchester @ I-15 Off-Ramo Widening SHEET 1 of 2 TO CONTRACTOR: Riverside Construction NOTE: This change order is not effective until aDoroved by the Enqineer. THIS CHANGE PROVIDES FOR: A. An INCREASE in the following items: Install a Terminal Section SRT-350: Contractor will install the new Caltrans standard for the terminus barricade section type SRT-350 for a total amount of ..................................... $ 1,258.00 Additional A.C. Pavement: During the construction the Contractor paved an additional 82.21 tonnes of asphalt for a total cost of ......... $ 2,959.56 Overexcation: During the construction the Contractor encountered unsuitable soil. Therefore, per the soils engineer recommendation, the contractor removed and replaced 272.7 cubic meters of soil with aggregated base for a total amount of ......................... $ 11,131.00 Additional Planting and Irrigation: During the construction Caltrans required the City to install 7 additional bushes along with 200' of additional irrigation to provide the proper ground coverage for an total amount of ......................................... $ 1,955.00 Additional signs: Contractor will install 3 two posted signs ($2,959.42 each) amount of total amount of ............................. $ 2,959.26 SUBTOTAL ..................................................................................$20,262.82 B. A DECREASE in the following items: Delete Bid Schedule Line Item No. 21: Contractor will not install a cable anchor assembly (breakaway, type A) for a total amount of for a total amount of ..................................... $ o575.00 SUBTOTAL ....................................................................................$-575.00 TOTAL ........................................................................................$19,687.82 r:\cip\projects\pw97-03\cco\cco4,004 SHEET 2 of 2 Original Contract Amount ....................................................................................9234,000.00 Adjusted Contract Amount ..................................................................................9289,597.12 Change Order No. 4(+) ........................................................................................$19,687.82 Total Contract Amount .......................................................................................9309,284.94 Estimated Working Days 4 Approved: Acting Dir. of Public Works/C.E. We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date Accepted: (company's name) Title: If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. r:\cip\projects\pw97-03\cco\cco4.004 ITEM 15 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council -/)~'~William G. Hughes/Acting June 8,1999 APPROVAL CDITY ATTORNEY IRECTOR OF FINANC CITY MANAGER Director of Public Works/City Engineer Authorize Temporary Street Closures for "1999 The History Channel Great Race" Lunch Stop at the Sixth Street Parking Lot in Old Town. (Old Town Front Street-First street to north of Sixth Street, Sixth Streets, Main Street) PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works Albert K. Cdsp, Permit Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR "1999 HISTORY CHANNEL GREAT RACE" LUNCH STOP EVENT ON JUNE 19, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIG SPECIAL EVENT. (PORTIONS OF OLD TOWN FRONT STREET, MAIN STREET, AND SIXTH STREET) BACKGROUND: The "1999 History Channel Great Race" includes the City of Temecula as a lunch stop event as the race nears the end of the Marietta, Georgia to Anaheim, Califomia. This cross-country event runs between June 6t" and 19th with expected date and time of the event in Temecula being June 19, 1999, from 10am to 2pm. The local focal point will be the Sixth Street Parking Lot. The City will receive some national publicity and other entitlements under this national event which will receive public exposure on the History Channel. The finish line for this carefully timed and controlled event will be at Main Street. The proposed street closure will facilitate parking of the Classic Vehicles dudng their stopover and provide excellent pedestrian access to viewing these pre-1950 models. Parking restraints will be set-up by 6:00am and removed about 3:00pro that date. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, '~emporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". r:.~agdrpt~99~0608~GREATRACEC;LOSURE The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve temporary street closures for the "1999 History Channel Great Race" lunch stop event. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. Some partial closures, as limiting lane widths for construction purposes or partial closures for "Block Parties" on cul-de-sac streets only, have not been submitted for City Council action in order to reduce the impact on City Council and staff time. FISCAL IMPACT: All support will be covered by budgeted line items. ATTACHMENTS: 1. Resolution No. 99- 2. Location Map r:~agdrpt~99~0608M3REATRACEC;LOSURE RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR "1999 HISTORY CHANNEL GREAT RACE" LUNCH STOP EVENT ON JUNE 19, 1999, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMIT FOR THIS SPECIFIC SPECIAL EVENT. (PORTIONS OF OLD TOWN FRONT STREET, MAIN STREET, AND SIXTH STREET) THE CiTY COUNCIL Of THE CITY Of TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the closure of public streets for the "1999 History Channel Great Race" Lunch Stop Event sponsored by the City of Temecula, for which such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for the "1999 History Channel Great Race" Lunch Stop Event: and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closure for the "1999 History Channel Great Race" Lunch Stop Event sponsored by the City of Temecula, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the "1999 History Channel Great Race" Lunch Stop Event, and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of June 1999. ATTEST: Steven J. Ford, Mayor Susan W.Jones, CMC, City Clerk r:~agdrptLq9~0608~GREATRACEC;LOSURE [SE q STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 99- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June 1999, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk r:~agdrpI~99',0608M3REATRACEC;LOSURE ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Acting Director of Public Works/City Engineer June 8, 1999 Tract Map No. 24185-2, Located South of Jerez Lane, East of Sunny Meadows Ddve, West of Butterfield Stage Road, and North of State Highway 79 South and within Paloma Del Sol Specific Plan No. 219 PREPARED BY: (~onald J. Parks, Deputy Director of Public Works lement M. Jimenez, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 24185-2 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 24185-2 is located within Planning Area 10 of the Paloma Del Sol Specific Plan No. 219. Tract Map No. 24185-2 is subject to all Specific Plan Amendments and Agreements. The Paloma Del Sol Specific Plan has been amended six times. Amendment No. 6, the most recent amendment, was approved by City Coundl on January 13, 1998. Vesting Tentative Tract Map No. 24185 was approved by the City of Temecula Planning Commission on December 8, 1992, expiration date being February 18, 2003. The Developer has met all of the Conditions of Approval. Final Tract Map No. 24185-2 is a one hundred thirty eight (138) lot single family residential subdivision with eight open space lots. The tract is located South of Jerez Lane, East of Sunny Meadows Drive, West of Butterfield Stage Road, and North of State Highway 79 South within Planning Area 10 of the Paloma Del Sol Specific Plan. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24185-2: Development Impact Fee due prior to issuance of a building permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 24185-2 r:~agdrptLq9~08~tr24185-2.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24185-2 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of a building permit r:~agdrptLq9~0608~tr24185-2.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24185'?- IMPROVEMENTS FAITHFUL PERFORMANCE Street and Drainage Water Sewer TOTAL MATERIAL & LABOR SECURITY SECURITY $ 983,500 $ 492,000 $ 214,500 $ 107,500 $ 237,000 $ 118,500 $1,435,000 $ 718,000 DATE: June 8, 1999 MONUMENT SECURITY $ 31,700 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. $ 0.00 $ N/A $ TBD* $ 239.00 $ 8.00 $ 3,510.00 $ 1,585.00 $ 5,342.00 $ 0.00 r:~agdrptL99~=~:)8~r24185-2.map IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 24185-2 APRIL, '~996 KEITH INTERNATIONAL. INC. VlClA/I T Y M A P ,'Y07' 7'~ ~L'AL~ o j~ ; / ,~ . / ~ \ .,,,/ ~.' 3NV'I Z3~3P ,~00~/ N 5\ ,K i~01' / RO~D LO'f r- / / / ~'zs ,~ LO'r 4~ ROAD · , / ~8888==8~ """ / ,/ ./ / \ ~o uJ 0. F- 0 0 ITEM 17 APPROVAL CiTY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council 9J.~t William G. Hughes, Acting Director of Public Works/City Engineer June 8, 1999 Tract Map No. 24188-1, Located South of Pauba Road, East of Sunny Meadows Drive, West of Butterfield Stage Road, and North of State Highway 79 South and within Paloma Del Sol Specific Plan No. 219 PREPARED BY: ~ Ronald J. Parks, Deputy Director of Public Works ;)Clement M. Jimenez, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 24188-1 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 24188-1 is located within Planning Area 26 of the Paloma Del Sol Specific Plan No. 219. Tract Map No. 24188-1 is subject to all Specific Plan Amendments and Agreements. The Paloma Del Sol Specific Plan has been amended six times. Amendment No. 6, the most recent amendment, was approved by City Council on January 13, 1998. Vesting Tentative Tract Map No. 24188 Amendment No. 3 was approved by the City of Temecula Planning Commission on December 8, 1992, expiration date being February 15, 2003. The Developer has met all of the Conditions of Approval. Final Tract Map No. 24188-1 is a sixty seven (67) lot single family residential subdivision with eleven open space lots. The tract is located South of Pauba Road, East of Meadows Parkway, West of Butterfield Stage Road, and North of State Highway 79 South within Planning Area 26 of the Paloma Del Sol Specific Plan. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24188-1: Development Impact Fee due prior to issuance of a building permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 24188-1 r:~agdrpt~99~:>08~tr24188-1 .map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24188-1 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of a building permit r:%agdrptLg9'O608~tr24188-1 .map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24188-1 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 401,000 $ 200,500 Water $ 108,000 $ 54,000 Sewer $ 122,500 $ 61,500 TOTAL $ 631,500 $ 316,000 MATERIAL & LABOR SECURITY DATE: June 8, 1999 MONUMENT SECURITY $ 20,500 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due "To Be Determined. $ 0.00 $ N/A $ TBD* $ 101.00 $ 8.00 $ 750.00 $ 1,025.00 $ 1,884.00 $ 0.00 r:~agdrptLq9~:~:)8~tr24188-1 .map IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 24188-1 JUNE, 1996 KEiTH INTERNATIONAL, iNC. 12./~Hc/40 ' c 1:2 ~"" ~ ~ U b 1~ 4~ u TT.T~ ~ F/~ C O '~ ~ G', P ,S 4GE go F F,012.1 5Ti~TE WCINITK M4P NO 6Cz~LE / / f~. ~ CAP. ;H. N .,,: .....~ / PARCEL 52 ~ S~8g~SgSgggggggggSSgSgSgggShgS~ :[ pARCEL 32 P.M. NC~. 23432 RO~O ~ T= 4Gg, gY ~ L= 971.0Z' ~ / ----'-- - ,$S/NA ~' / / BUTTERFIELD L / / / / z Z ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City ManagedCity Council William G. Hughes, Acting Director of Public Works/City Engineer DATE: June 8, 1999 SUBJECT: Tract Map No. 24185, Located South of Jerez Lane, East of Sunny Meadows Drive, West of Butterfield Stage Road, and North of State Highway 79 South and within Paloma Del Sol Specific Plan No. 219 d Ronald J Parks Deputy Director of Public Works PREPARED BY: (:~ Clement ~1. Jim~nez, Assistant Engineer RECOMMENDATION: That the City Coundl approve 1) Tract Map No. 24185 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 24185 is located within Planning Area 10 of the Paloma Del Sol Specific Plan No. 219. As pad of Specific Plan No. 219, Tract Map No. 24185 is subject to all Specific Plan Amendments and Agreements. The Paloma Del Sol Specific Plan has been amended six times. Amendment No. 6, the most recent amendment, was approved by City Council on January 13, 1998. Vesting Tentative Tract Map No. 24185 was approved by the City of Temecula Planning Commission on December 8, 1992, expiration date being February 18, 2003. The Developer has met all of the Conditions of Approval. Final Tract Map No. 24185 is a one hundred four (104) lot single family residential subdivision with ten open space lots· The tract is located South of Jerez Lane, East of Sunny Meadows Drive, West of Butterfield Stage Road, and North of State Highway 79 South. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24185: Development Impact Fee due prior to issuance of a building permit. FISCALIMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 24185 r:~agdrpt~99~0608~tr'24185.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24185 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of a building permit r:'agdrptLq9'~:>O8~tr24185.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24185 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 504,500 $ 252,500 Water $ 170,000 $ 85,000 Sewer $ 161,000 $ 80,500 TOTAL $ 835,500 $ 418,000 MATERIAL & LABOR SECURITY DATE: June 8, 1999 MONUMENT SECURITY $ 23,600 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. $ 0.00 $ N/A $ TBD* $ 205.00 $ 8.00 $ 2,830.00 $ 1,180.00 $ 4,223.00 $ 0.00 r:~agdrpt~99~0608~tr24185.map IN THE CITY OF TE:MECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 24185 I~IN(3 A SUBOIVqSION OF LOT '0' ANO PORTIONS OF PARCELS 42. 4.~, 44 ANO LOT "P' Or PARCEL MAP NO. 23432. APRIL, lg96 KEITH INTERNATIONAL, INC, ~q/TE V/C/HI T Y M A P A/O T ,to 5CA LE B B 6 i ~ 'O/x/j_3\~,~dj_ ~/ / / / / / i :Or-' ,C 6 f~ 7g3~f~td / / / \ ~o TEMECULA COMMUNITY SERVICES DISTRICT ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 20, 1999 A regular meeting of the City of Temecula Community Services District was called to order at 7:38 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 5 DIRECTORS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 DIRECTORS: None. Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve minutes of March 23, 1999; 1.2 Approve minute of April 13, 1999. MOTION: Director Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Lindemans and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker invited the community to attend the Margarita Community Park Dedication Ceremony on Thursday, April 22, 1999, at 10:00 A.M., at the park site. GENERAL MANAGER'S REPORT General Manager Nelson invited the public and the City Councilmembers to the Volunteer Recognition Ceremony on Thursday, April 22, 1999, at 1:00 P.M., at the Community Recreation Center. Minutes,csd\042099 1 BOARD OF DIRECTORS' REPORTS Because of previous RTA commitments, Director Lindemans extended his appreciation to the volunteers and advised that he would be unable to attend the Volunteer Recognition Ceremony. ADJOURNMENT At 7:40 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 11, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\042099 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 11, 1999 A regular meeting of the City of Temecula Community Services District was called to order at 8:14 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 5 DIRECTORS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 DIRECTORS: None. Also present were Assistant General Manager O'Grady, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 TCSD Proposed Rates and Char.qes of FY 1999-2000 RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 99-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 1999-2000 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECITON THEREWITH MOTION: Director Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Roberts and voice vote reflected unanimous approval. DISTRICT BUSINESS 2 Naming of the Campos Verdes Specific Plan Park Site RECOMMENDATION: 2.1 Approve a recommendation from the Community Service Commission to Name the new park site identified in the Campos Verdes Specific Plan Long Canyon Creek Park. Minutes.csd\051199 1 Development Services Administrator Holmes presented the staff report (as per agenda material). Community Services Chairman Edwards reviewed additional names which were considered by the Commission and requested Council approval of Long Canyon Creek Park. MOTION: Director Lindemans moved to approve the staff recommendation. The motion was seconded by Director Ford and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT Commenting on upcoming classes, programs, etc., Community Services Director Parker informed the Directors that staff is in the process of completing the new recreation brochure, which will be available the second week of June. For Director Stone, Mr. Parker advised that the park tax is a special tax, as of the March 1997 election, and that it will be considered by the District at its June 22, 1999, meeting. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS Director Stone commended Senator Boxer on her support and Federal appropriation request for the City's endeavor to build a new Library and as well commended the City Councilmember who traveled to Washington to lobby this issue as well as many others. Commenting on a recent lobbying trip to Sacramento, Director Roberts advised of efforts undertaken to lobby for SB 3, which is a library bond for November 2000. Director Lindemans further commented on efforts being undertaken toward the construction of a Sports Complex such as the one in Cathedral City. Minutes.csd\051199 2 ADJOURNMENT At 8:23 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 25, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\051199 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAY 25, 1999 A regular meeting of the City of Temecula Community Services District was called to order at 8:05 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 4 DIRECTORS: Ford, Lindemans, Stone, and Comerchero. ABSENT: 1 DIRECTORS: Roberts. Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Because Consent Calendar Item Nos. 1 - 3 pertain to operational issues and, therefore, do not relate to Director Stone's properties, City Attorney Thorson clarified that Director Stone may participate in the vote regarding these items. Museum Exhibit Desiqn Change Order RECOMMENDATION: 1.1 Approve Change Order No. 2 in the amount of $46,675 from TCSD fund balance to the exhibit design services contract with Think Jacobson and Roth for the design, fabrication, and installation of exhibits for the Temecula Valley Museum. 2 Completion and Acceptance of the Winchester Creek Park - Project No. PW97-10CSD RECOMMENDATION: 2.1 Accept the Winchester Creek Park Project No. PW97-10CSD; 2.2 File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 2.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice Of Completion if no liens have been filed. Minutes .csd\052599 1 3 Acquisition of Artifacts for Temecula Valley Museum Exhibits RECOMMENDATION: 1.1 Approve an agreement between Temecula Valley Museum, Inc. (TVM), Tony Tobin, and the Temecula Community Services District (TCSD) for the acquisition of artifacts for installation in the Temecula Valley Museum; 1.2 Approve an expenditure of $22,000 from the TCSD museum operating budget (190-185) for the purchase of artifacts for the museum exhibits from Tony Tobin. MOTION: Director Lindemans moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Director Ford and voice vote reflected unanimous approval of those present (Director Roberts absent). DISTRICT BUSINESS 4 Museum Gift Shop and Chapel Operations RECOMMENDATION: 4.1 Approve the License Agreement between the Temecula Community Services District (TCSD) and the Temecula Valley Museum, Inc. (TVMI) for operation of the Museum gift shop and wedding chapel; 4.2 Approve the expenditure of $10,000 for the purchase of half of the gift shop start-up inventory from the TCSD operating budget (account 190-185). Community Services Director Parker reviewed the staff report (of record) and introduced Mr. Fred Lamb, President of Temecula Valley Museum, Inc., who commended the City on its cooperative efforts associated with this project and proceeded with an operational overview, commenting on docents, volunteers, and gift shop purchases. In closing, Mr. Lamb extended appreciation to Community Services Director Parker and Deputy Director of Community Services Ruse for their continued efforts with regard to the Museum. In response to Director Lindemans, Mr. Lamb advised that because initial funding of a paid employee is a consideration, the gift shop will be manned by docents and volunteers with retail experience but noted that it it were determined that a paid employee were necessary, the Board will respond to the need. City Attorney Thorson noted that Director Stone may vote on this issue. In response to President Comerchero's recommendation, Section 7b of the License Agreement was amended as noted in the motion; see next page. MOTION: Director Lindemans moved to concur with the staff recommendation, amending Section 7b (Use of Premises: Merchandise) as follows: ... Upon termination of this agreement the TCSD will purchase the remaining inventory up to a maximum of 50% at a wholesale price. The TCSD will provide 50% toward the purchase of start-up inventory ... The motion was seconded by Director Stone and voice vote of those present reflected unanimous approval (Director Roberts absent). Minutes.csd\052599 2 Approval of a Miti.qated Ne.qative Declaration for the construction and operation of sports field li.clhtin.q at James L. Day Middle School RECOMMENDATION: 5.1 Approve a Mitigated Negative Declaration for the construction of sports field lighting at James L. Day Middle School; 5.2 Direct staff to file the Mitigated Negative Declaration with the appropriate filing fee for the project with the County Clerk of Records Office. Community Services Director Parker referenced the staff report (as per agenda material), noting that residents within 1,200' of the proposed project were notified by way of newspaper, noticing, and posting of the site; that an additional 30 residents in excess of the noticing area were notified to ensure proper notification; and that the Roripaugh Hills Homeowners Association and the Meadowview Homeowners Association were as well notified. Referencing a letter from Mr. Nate Pugsley, Project Manager for Portola Development, Director Lindemans commented on the negative impact the installation of lights would have on the future 242-single family homes and, therefore, relayed his opposition to the project. By way of an exhibit, Mr. Nate Pugsley, 23121 Antonio Parkway, Suite 120, Rancho Santa Margarita, spoke in opposition to the proposed lighting and noted that several of the future homes will be greatly impacted if this project were approved. Mr. David Ciabattoni, 29510 Avenida Del Sol, requested that an environmental impact report be completed with regard to this project and referenced the negative impacts the project would have on the existing homeowners as well as wildlife. Echoing Mr. Ciabattoni's comments, Mr. Andrew Ronie, 40575 La Colina, echoed Mr. Pugsley's opposition to the lights and suggested lighting the fields at the high school. In an effort to be consistent with past Council action and considering the negative impacts the proposed lighting could have on the future homes, Director Stone relayed his opposition to the project; spoke in support of developing active sports parks out of the residential neighborhoods; and suggested the development of active sports parks at the north side and west side of the City. Concurring with Director Stone's comments, Director Lindemans spoke in support of a joint venture, among the City of Temecula, the City of Murrieta, and the County to construct an active sports park. Although commenting on the City's need for sports facilities, Director Ford spoke in denial of the proposed project and recommended the development of such facilities at the north side and south side of the City. Although supporting an eventual sports park, President Comerchero noted that the District would be making a precedent-setting error by denying this project and by allowing a residential developer for future homes to dictate City action. Minutes.csd\052599 3 MOTION: Director Lindemans moved to deny this project. The motion was seconded by Director Stone and voice vote reflected approval with the exception of Director Comerchero who voted no and Director Roberts who was absent. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT Advising that the Recreation Brochure has been completed and briefly commenting on the upcoming activities and programs, Community Services Director Parker advised that it will be mailed to the residents by June 4, 1999. GENERAL MANAGER'S REPORT General Manager Nelson commended Temecula VaLley Museum, Inc. as well as the Women's Club on a job well done and thanked the organizations for their continued assistance. Mr. Nelson commended Deputy Director of Community Services Ruse on her efforts associated with this project. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:53 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 8, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\052599 4 ITEM 2 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO; FROM: DATE: SUBJECT: PREPARED BY: General Manager/Board of Directors Genie Roberts, Director of Finance June 8, 1999 Financial Statements for the Nine Months Ended March 31, 1999 Tim McDermott, Assistant Finance Director William B. Pattison, Senior Accountant ~). RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the Nine Months Ended March 31,1999. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Nine Months Ended March 31, 1999. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1999 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of March 31, 1999 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 1999 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of March 31, 1999 Assets and other debits: Cash and investments Receivables Due from other funds Total assets Parks & Recreation 937,716 11,207 9,248 Service Level A $ 2,429 519 $ $ 958,171 $ 2,948 $ Service Level B 885 885 Service Level C $ 313,296 3,776 $ 317,072 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances $ 183,605 $ 183,605 205,979 568,587 774,566 9,942 9,942 8,889 (15,883) (6,994) $ 9,248 333 $ 9,581 (8,696) (8,696) $ 958,171 $ 2,948 $ 885 $ 61,225 61,225 86,692 169,155 255,847 317,072 Please note that these balances are unaudited Temecula Community Services District Combining Balance Sheet As of March 31, 1999 Assets and other debits: Cash and investments Receivables Due from other funds Total assets Service Level D 202,133 2,441 204,574 $ Service Level R $ 12,189 $ 157 12,346 $ Debt Service 669,942 $ 669,942 $ Total 2,137,705 18,985 9,248 2,165,938 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Fund balances: Reserved Designated Undesignated Total fund balances Total liabilities and fund balances $ 1,999 1,999 202,575 $ 202,575 $ 204,574 $ $ 12,346 12,346 12,346 502,690 167,252 669,942 669,942 $ 9,248 257,104 266,352 804,250 1,119,915 (24,579) 1,899,586 2,165,938 Please note that these balances are unaudited Temecula Community Services District Parks and Recreation Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1999 Revenues: Annual Amended YTD Budget Activity Encumbr. Special tax TCSD admin fee credit/"REST" Recreation programs Investment interest Miscellaneous $ 2,374,350 $ 1,151,279 746,790 560,093 426,500 319,745 24,000 33,588 60,970 12,066 Total Revenues 3,632,610 2,076,771 Expenditures: Parks and recreation Seniors Community Recreation Center (CRC) Recreation programs Temecula Community Center (TCC) Museum Non-Departmental 3,255,808 2,079,437 102,368 58,363 385,009 240,973 436,523 237,868 138,105 82,063 92,790 9,213 9,200 1,861 150,249 5,749 17,877 25,875 5,399 512 318 Total Expenditures Total Activity Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 1,151,279 560,093 319,745 33,588 12,066 2,076,771 2,229,686 64,112 258,850 263,743 87,462 9,725 2,179 4~19,803 2,709,778 205,979 2,915,757 (787,193) (633,007) 1,407,573 1,407,573 620,380 $ 774,566 Notes: ( 1 ) Special tax revenue is received primarily in January and May each fiscal year. (2) The variance is primarily due to lower than anticipated personnel costs. (3) Museum expenditures are lower than anticipated because operations at the Museum have not started. Percent of Budget 48% (1) 75% 75% 140% 20% 57% 68% 63% (2) 67% 60% (2) 63% (2) 10% (3) 24% 66% Temecula Community Services District Service Level A Arterial Street Lights and Median Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1999 Revenues: Annual Amended YTD Budget Activity Special tax $ 195,240 $ 94,573 Investment interest 100 50 TCSD admin fee credit/"REST" 55,300 41,475 Street lighting fees 16,160 7,793 Miscellaneous 15,000 Total Revenues 281,800 143,891 Expenditures: Salaries and wages 2,850 2,097 Street lighting 228,450 151,323 Landscape maintenance 20,000 10,944 Other operating expenditures 31,918 13,897 Encttmbr. Total Activity $ 94,573 50 41,475 7,793 143,891 Percent of Budget 48% (1) 50% 75% 48% 51% 2,097 74% 151,323 66% 3,749 14,693 73% 5,141 19,038 60% Total Expenditures 283,218 178,261 8,890 187,151 66% Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 (1,418) (34,370) 27,376 27,376 Ending Fund Balance, March 31, 1999 $ 25,958 $ (6,994) NOTES: (1) Special tax revenue is received primarily in January and May each fiscal year. Temecula Community Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 293,960 $ 146,343 Investment interest 1,500 1,173 TCSD admin fee credit/"REST" 3,410 2,557 Miscellaneous 14,970 19,612 Total Revenues 313,840 169,685 Expenditures: Salaries and wages 7,430 5,420 Street lighting 321,310 218,288 Miscellaneous 22, 100 1,855 Total Expenditures 350,840 225,563 Revenues Over/(Under) Expenditures (37,000) (55,878) Beginning Fund Balance, July 1, 1998 47,182 47,182 Ending Fund Balance, March 31, 1999 $ 10,182 $ (8,696) Encumbr. Total Activity Percent of Budget $ 146,343 50% (1) 1,173 78% 2,557 75% 19,612 131% 169,685 5,420 218,288 223,708 54% 73% 68% 64% ( 1 ) Assessment revenue is received primarily in January and May each fiscal year. Temecula Community Services District Service Level C Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 557,680 $ 279,822 Investment interest 12,500 11,049 Miscellaneous 21,000 32,020 Total Revenues 591,180 322,891 Expenditures: Salaries and wages 119,490 81,234 $ Landscape maintenance 279,550 206,380 Utilities 141,440 94, 168 Other expenditures 82,728 42,207 Total Expenditures 623,208 423,989 Revenues Over/(Under) Expenditures (32,028) (101,098) Beginning Fund Balance, July 1, 1998 356,945 356,945 Ending Fund Balance, March 31, 1999 $ 324,917 $ 255,847 Encumbr. 3,868 70,283 12,542 86,693 Total Activity 279,822 11,049 32,020 322,891 85,102 276,663 94,168 54,749 510,682 Percent of Budget 50% (1) 88% 152% 55% 71% 99% (2) 67% 66% 82% NOTES: ( 1 ) Assessment revenue is received primarily in January and May each fiscal year. (2) The variance is due to encumbrances that are recorded for landscape services for the entire year. Temecula Community Services District Service Level D Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 2,221,560 $ 1,120,495 TCSD admin fee credit/"REST" 44,520 33,390 Investment interest 11,610 9,576 Total Revenues 2,277,690 1,163,461 Expenditures: Salaries and wages 44,680 26, 187 Refuse hauling 2,221,900 1,115,730 Other expenditures 11,110 5,762 Total Expenditures 2,277,690 1,147,679 Revenues Over/(Under) Expenditures 15,782 Beginning Fund Balance, July 1, 1998 186,793 186,793 Ending Fund Balance, March 31, 1999 $ 186,793 $ 202,575 Encumbr. Total Activity $ 1,120,495 33,390 9,576 1,163,461 26,187 1,115,730 5,762 1,147,679 Percent of Budget 50% (1) 75% 82% 51% 59% 50% (2) 52% 50% NOTES: ( 1 ) Assessment revenue is received primarily in January and May each fiscal year. (2) Refuse hauling payments are made semi-annually. Temecula Community Services District Service Level R Streets and Roads Statemere of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1999 Annual Amended YTD Budget Activity Revenues: Assessments $ 12,800 $ 6,195 Investment interest 80 417 Total Revenues 12,880 6,612 Expenditures: Emergency street maintenance 13,050 5,570 Other expenditures 180 49 Total Expenditures 13,230 5,619 Revenues Over/(Under) Expenditures (350) 993 Beginning Fund Balance, July 1, 1998 11,353 11,353 Ending Fund Balance, March 31, 1999 $ 11,003 $ 12,346 (1) Assessment revenue is received primarily in January and May each fiscal year. Encumbr. Total Activity Percent of Budget $ 6,195 48% 417 521% 6,612 5,570 49 5,619 51% 43% 27% 42% (1) Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1999 Revenues: Operating transfers in Investment interest Total Revenues Expenditures: Debt service - principal Debt service - interest Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 Annual Amended Total Budget Activity Percent of Budget 466,370 $ 465,898 100% 35,600 26,553 75% 501,970 492,451 98% 190,000 190,000 100% 305,670 155,682 51% 6,310 5,942 94% 501,980 351,624 (10) 140,827 529,115 529,115 $ 529,105 $ 669,942 ( 1 ) Debt service payments are made in October and April each year. 70% (1) (1) REDEVELOPMENT AGENCY ITEM I MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 11, 1999 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:23 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. Also present were Assistant Executive Director O'Grady, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve minutes of April 20, 1999. MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected unimous approval. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. Minutes.rda\051199 1 ADJOURNMENT At 8:24 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 25, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel F. Lindemans, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] Minutes,rda\051199 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MAY 25, 1999 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:53 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Ford, Stone, and Lindemans. ABSENT: 1 AGENCY MEMBER: Roberts. Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Grantin.q of an Easement for Southern California Edison RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 99-07 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA GRANTING AN EASEMENT FOR ELECTRICAL SUPPLY AND COMMUNICATION SYSTEMS FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE MISSION VILLAGE AFFORDABLE HOUSING PROJECT 2 Grantin.q of an Easement for Rancho California Water District RECOMMENDATION: 2.1 Adopt a resolution entitled: Minutes.rda\052599 1 RESOLUTION NO. RDA 99-08 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA GRANTING AN EASEMENT FOR WATER PIPELINES AND RELATED APPURTENANCES FACILITATING INFRASTRUCTURE IMPROVEMENTS RELATING TO THE MISSION VILLAGE AFFORDABLE HOUSING PROJECT MOTION: Agency Member Ford moved to approve Consent Calendar Item Nos. 1 and 2. motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval of those present (Agency Member Roberts absent). AGENCY BUSINESS Agenda Item Nos. 3 and 4 were considered together. 3 Revision of the FaCade Improvement Pro.qram RECOMMENDATION: 3.1 3.2 The Approve an additional $15,000 grant option to the FaCade Improvement Program available only for required seismic and foundation repairs and fire safety requirements. Approve the recommended revised financing structure. Agency Member Stone noted that he would be abstaining with regard to Agenda Item Nos. 3 and 4. Housing Redevelopment Manager Meyer presented the staff report (as per agenda material). Chairman Lindemans suggested that the matter be tabled and addressed after the CIP process and the adoption of the budget to which Mr. Meyer expressed no opposition. Revision of the Residential Improvement Program, the First-Time Homebuyer Pro.qram, and the Employee Relocation ProClram RECOMMENDATION: 4.1 Approve the revised Program Parameters for the Residential Improvement Program; 4.2 4 Approve the revised Program Parameters for the First-Time Homebuyer Program; 4.3 Approve the revised Program Parameters for the Employee Relocation Program. MOTION: Agency Member Ford moved that this matter be considered after the CIP process and the adoption of the budget. The motion was seconded by Agency Member Comerchero Minutes.rda\052599 2 and voice vote reflected approval with Agency Member Stone abstainin.q and Agency Member Roberts .absent. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT Executive Director Nelson commended the Redevelopment Agency staff on their efforts associated with Agenda Item Nos. 3 and 4. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 9:02 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 8, 1999, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel F. Lindemans, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] Minutes.rda\052599 3 ITEM 2 CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Genie Roberts, Director of Finance June 8, 1999 Financial Statements for the Nine Months Ended March 31, 1999 PREPARED BY: Tim McDermott, Assistant Finance Director William B. Pattison, Senior Accountant RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Nine Months Ended March 31, 1999. DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the Nine Months Ended March 31, 1999. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of March 31, 1999 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1999 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of March 31, 1999 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 1999 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of March 31, 1999 Assets and other debits: Cash and investments Receivables Land held for resale Total assets Low/Mod CIP Debt Fund Fund Service Total $ 4,338,148 $ 2,212,309 $ 3,896,472 $ 10,446,929 1,236,366 308,046 130,717 1,675,129 116,192 2,103,053 2,219,245 $ 5,690,706 $ 4,623,408 $ 4,027,189 $ 14,341,303 Liabilities and fund balances: Liabilities: Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances $ 36,522 $ 324,669 $ 361,191 622,265 14,390 636,655 658,787 339,059 997,846 5,031,919 2,835,183 $ 1,448,920 9,316,022 1,449,166 2,578,269 4,027,435 5,031,919 4,284,349 4,027,189 13,343,457 $ 5,690,706 $ 4,623,408 $ 4,027,189 $ 14,341,303 Please note that these balances are unaudited City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Nine Months Ended March 31, 1999 Revenues: Property tax increment Investment interest Rental income Miscellaneous Proceed from Mission Village project Total Revenues Annual Amended YTD Total Budget Activity Encumbr. Activity 1,137,500 $ 569,498 $ 569,498 150,000 106,265 106~65 15,900 15,965 15,965 32,700 38,262 38,262 1,670,294 1,336,100 2,400,284 729,990 Percent of Budget 50% (1) 71% 100% 117% 55% Expenditures: Salaries and wages Operating and administrative expenditures Homebuyer programs Residential rehabilitation programs Housing development & acquisition Affordable housing / future obligation Pujol & Sherwood Apts. operating costs 176,270 125,394 125,394 71% 296,470 174,934 $ 29,919 204,853 69% 600,000 179,533 179,533 30% (2) 201,045 121,135 121,135 60% 2,300,000 653,034 65 653,099 28% 435,000 12,900 12,820 12,820 99% Total Expenditures 4,021,685 1,266,850 29,984 1,296,834 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 $ (2,685,585) 1,133,434 3,898,485 3,898,485 1,212,900 $ 5,031,919 32% (1) Property tax increment revenue is received in January and May each fiscal year. (2) The variance in Homebuyer programs is primarily due to no expenditures for the Specialized Homebuyers Program. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency-CIP For the Nine Months Ended March 31, 1999 Annual Amended YTD Budget Activity Revenues: Investment interest $ 240,000 $ 179,295 Rental income 71,000 96,399 Loan interest 20,000 14,629 Miscellaneous 603 Operating transfers in 625,000 625,000 Total Revenues 956,000 915,926 Encumbr. Capital Projects: ( 1 ) Winchester Road interchange First SUeet bridge Old Town building facades Front Street widening Old Town southside parking lot Old Town streetscape Old Town parking Operating transfers out Operations and Maintenance: Salaries and wages Operating and administrative expenditures City admin charges Fee reimbursements Consulting services Legal services Owner participation agreements Old Town plan implementation Banner program Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 67,890 10,535 93,296 407 117,875 48,371 265,000 124,374 900,000 1,600 5,139,522 4,904,015 875,000 201,092 1,185,500 18,037 90,480 63,469 124,172 64,787 25,000 18,750 20,000 73,200 38,013 30,000 29,985 279,000 150,000 135,900 13,000 509 9,448,935 5,659,844 (8,492,935) (4,743,918) 9,028,267 9,028,267 535,332 $ 4,284,349 Total Activity $ 179,295 96,399 14,629 603 625,000 915,926 Percent of Budget 75% 136% 73% 100% 96% 55,655 66,190 97% 68,296 68,703 74% 32,276 80,647 68% 2,141 126,515 48% 1,600 0% 236,141 5,140,156 100% 201,092 23% 18,037 2% 499 63,968 71% 15,528 80,315 65% 18,750 75% 23,380 61,393 84% 29,985 100% (2) 9,526 145,426 97% 509 4% 443,442 6,103,286 65% ( 1 ) The variances in CIP project expenditures and operating transfers out are due to the timing of when the various projects are started. (2) The Costco OPA payment is made in the final quarter of each fiscal year. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Nine Months Ended March 31, 1999 Revenues: Property tax increment Investment interest Advances from other funds Deferred passthrough Total Revenues AIlnBal Amended YTD Budget Activity 4,550,100 2,277,987 150,000 $ 157,775 75,750 56,812 707,400 353,700 5,483,250 2,846,274 Expenditures: Passthrough agreements Debt service - principal Debt service - interest Trustees admin fees Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1998 Ending Fund Balance, March 31, 1999 3,357,100 1,678,504 655,000 655,000 879,670 850,732 7,500 6,086 625,000 625,000 5,524,270 3,815,322 (41,020) (969,048) 4,996,237 4,996,237 4,955,217 $ 4,027,189 Percent of Budget 50% (1) 105% 75% 50% (2) 52% 50% (2) 100% (3) 97% (3) 81% 100% 69% ( 1 ) Property tax increment revenue is received in January and May each fiscal year. (2) Debt service payments are made in August and February each year. (3) Passthrough agreement expenditures are recorded in conjunction with the receipts of tax increment revenue. ITEM 3 CiTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA/TEMECULA REDEVLOPMENT AGENCY AGENDA REPORT City Manager/City Council Executive Director/Agency Members , (~ t~,/~k John R. Meyer, Housing and Redevelopment Manager ~ June 8, 1999 Disposition and Development Agreement with Dual Development RECOMMENDATION: It is recommended: 1. That the City Coundl adopt the following Resolution: RESOLUTION NO. 99° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT, INC., DATED AS OF JUNE 8, 1999 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. I - 1988 That the City of Temecula Redevelopment Agency: 2. Adopt the following Resolution: RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT, INC., DATED AS OF JUNE 8, 1999 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. I - 1988 3. Authorize the expenditure of up to $2,500 for closing costs. 4. Authorize a reimbursement of $10, 179 for improvement costs. \\TEMEC_FS201 \DATA\DEPTS\REDEV\REDEV\DualD DAStaffReport2.doc 06/02/99 1 BACKGROUND: In November of 1998, Mr. Ed Dool approached the Redevelopment Agency (Agency) regarding his interest to purchase the approximately 16,000 sq. ft. parcel he currently leases for the Temecula Stage Stop. Mr. Dool originally entered into the lease agreement with the Agency in March 1996. Since then he has developed a nearly 1,900 square foot building, which includes McDonald's Express, and the Temecula Stage Stop Office. Other improvements include covered porches, patios, landscaping an ATM kiosk and four bus parking bays. DISCUSSION: The proposed Disposition and Development Agreement between the Agency and Dual Development constitutes a restructudng of the existing business relationship between the parties. The failure of the Temecula Shuffle would be contrary to the Agency's goals for Old Town. After several months of discussions, Mr. Dool and the Agency have agreed on the following deal points: · Selling Price. The Agency will sell the Property to Dual Development for $288,000 and cancel the loan. Terms. The Agency will take a note from Dual Development in the amount of $288,000; $168,000 of the note will bear interest at 7.5%, amortized over 30 years and $120,000 of the note will bear no interest and will be repaid only upon sale of the Property. Monthly payments will be $1,174.68 A~ency Contribution. The Agency will reimburse Mr. Dool $10,179 to further develop the Property. The reimbursement represents the difference between the amount Mr. Dool has paid under the terms of the existing agreement and the amount based on the re-calculated terms of the proposed DDA. This amount will be paid upon presentation of invoices from contractors performing work on the Property within 12 months from the dose of escrow. · Allowed Use of Property. Dual Development may sell the Property for any use allowed in the Old Town Area under the Old Town Spedfic Plan or applicable zoning. · Right of First Refusal. The Agency has the right of first refusal on any sale of the Property. · Debt. Dual Development cannot encumber the Property with any debt. In addition to a Right of First Refusal (Attachment No.7), the proposed DDA indudes language (Section 2.4.2) that requires the Agency's wdtten approval of a buyer should Dual Development deride to sell the subject property for less than $288,000. Should the property sell for over $288,000, written approval from the Agency is not required. However, the new use must conform to the Old Town Specific Plan. In accordance with State Redevelopment Law, a reuse analysis and 33433 report was prepared by Keyser Marston and Associates (KMA). The KMA analysis has determined the proposed deal as structured is consistent with Redevelopment Law. The analysis has been attached for the Agency's Board review. FISCAL IMPACT: The Agency shall reimburse Mr. Dool $10,179 from the payments he as made to date. Sufficient funds to cover the dosing costs ($2,500) are available in Other Outside Services (Account # 280-199-999-5250). Attachments: 1. Disposition and Development Agreement 2. Council Resolution 3. RDA Resolution 4. KMA Re-use Analysis and 33433 Report \\TEMEC_FS 201 \DATA\DEPTS\REDEV\REDEV\DualD DAStaffReport2.doc 06/02/99 2 DISPOSITION AND DEVELOPMENT AGREEMENT DISPOSITION AND DEVELOPMENT AGREEMENT 28464 Old Town Front Street By and Among THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CALIFORNIA and DUAL DEVELOPMENT INC., a California Corporation TABLE OF CONTENTS Page RECITALS ............................................... 1 SUBJECT OF THE AGREEMENT ........................ 2 1.1 1.2 Purpose of the Agreement ......................... 2 Definitions ................................... 2 2 PARTIES TO THE AGREEMENT ........................ 4 2.1 2.2 2.3 2.4 Agency .................................... 4 Developer ................................... 4 Relationship of the Parties ......................... 4 Prohibition Against Change in Ownership, Management, and Control of Developer; Sale or Transfer of Site ............ 4 3 REPRESENTATIONS AND WARRANTIES .................. 5 3.1 3.2 Developer Representations and Warranties ............... 5 Agency Representations and Warranties ................. 7 4 SITE .......................................... 9 4.1 Description of Site ............................. 9 5 PURCHASE AND SALE; PURCHASE PRICE ................ 9 5.1 5.2 Purchase and Sale .............................. 9 Purchase Price ................................ 10 6 SPECIAL PROVISIONS .............................. 10 6.1 6.2 6.3 6.4 Effectiveness of Prior Agreements .................... 10 Release .................................... 10 Right of First Refusal ............................ 11 Construction Assistance .......................... 11 7 ESCROW ....................................... 11 7.1 7.2 7.3 Opening of Escrow ............................. 11 [Intentionally Omitted. ] .......................... 11 Close of Escrow ............................... 11 8 TITLE ......................................... 12 8.1 8.2 8.3 8.4 Joint Title Policy ............................... 12 Exceptions to Title .............................. 12 Approved Title Exceptions ......................... 12 No Additional Exceptions to Title ..................... 13 990602 110874)0001 lj 1094754.4 (4) -i- 9 CONDITION OF SITE ............................... 13 10 11 12 13 14 15 16 17 9.1 9.2 "As Is/Where Is" Conveyance ....................... 13 No Agency Representations ......................... 14 CONDITIONS TO CLOSE OF ESCROW ................... 15 10.1 10.2 10.3 10.4 Conditions to Developer's Obligations .................. 15 Conditions to Agency's Obligations ................... 15 Deposits by Agency ............................. 15 Deposits by Developer ........................... 16 COSTS AND EXPENSES ............................. 16 PRORATION OF TAXES ............................. 17 DISBURSEMENTS AND OTHER ACTIONS BY ESCROW HOLDER 17 13.1 13.2 13.3 13.4 13.5 Authorization to Record Documents and Disburse Funds ....... 17 Recording ................................... 18 Funds ...................................... 18 Issuance of Title Policies .......................... 18 Delivery of Documents ........................... 18 INDEMNIFICATION OF ESCROW HOLDER ................ 18 14.1 Hold Harmless ................................ 18 14.2 Liabilities and Duties ............................. 19 USE OF THE SITE ................................. 19 15.1 15.2 15.3 15.4 Use of the Site ................................ 19 Maintenance of the Site .......................... 19 Obligation to Refrain from Discrimination ............... 19 Form of Non-Discrimination Clauses .................. 19 INDEMNIFICATION PROVISIONS ....................... 20 16.1 Indemnity ................................... 20 16.2 Notice of Third Party Claims ....................... 21 EVENTS OF DEFAULT; REMEDIES ..................... 21 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 Events of Default of Developer Prior to Close of Escrow ...... 21 Events of Default of Agency Prior to Close of Escrow ........ 21 Events of Default After Close of Escrow ................ 22 Declaration of Event of Default ...................... 22 Institution of Legal Actions ........................ 22 Applicable Law ............................... 22 Acceptance of Service of Process; Venue ................ 22 Rights and Remedies Are Cumulative .................. 23 990602 11087-00001 Ij 1094754.4 (4) -ii- 18 MISCELLANEOUS AND GENERAL PROVISIONS ............. 23 19 20 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 Nonliability of Officials, Employees, Agents, and Contractors of Agency and the City of Temecula .................... 23 [Intentionally Omitted.] .......................... 23 Effect and Duration of Covenants .................... 23 Notices, Demands, and Communications ................ 23 Attorney' s Fee s ............................... 24 Force Majeure; Extension of Times of Performance ......... 24 No Third Party Beneficiaries other than the City ........... 24 Execution Authority ............................. 24 Severability .................................. 25 Recitals .................................... 25 Captions .................................... 25 Due Diligence; Construction ....................... 25 Counterparts ................................. 25 Attachments ................................. 25 Fees and Other Expenses ......................... 25 Interpretation ................................. 25 Remedies Not Exclusive and Waivers .................. 26 Required Actions of Developer and Agency .............. 26 Successors and Assigns ........................... 26 Survival .................................... 26 Time of Essence ............................... 26 Waiver .................................... 26 Non-Recordation .............................. 26 ENTIRE AGREEMENT; AMENDMENTS ................... 26 AUTHORITY OF EXECUTIVE DIRECTOR ................. 27 990602 11087-00001 Ij 1094754.4 (4) -111- DISPOSITION AND DEVELOPMENT AGREEMENT This Disposition and Development Agreement (the "Agreement") is entered as of June 8, 1999, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic (the "Agency"), and DUAL DEVELOPMENT INC., a California corporation (the "Developer" or "Dual"), with reference to the following facts, understandings, and intentions of the parties: RECITALS A. The parties entered into that certain Ground Lease by and between the Redevelopment Agency of the City of Temecula and Dual Development Inc. dba Temecula Shuttle, dated March 13, 1996 and recorded on October 9, 1996 in the Official Records of Riverside County as Instrument No. 387921, as amended by that certain First Amendment to Ground Lease dated August 27, 1996 and recorded on October 9, 1996 as Instrument No. 387920, and by that certain Second Amendment to Ground Lease dated April 22, 1997 and recorded on June 9, 1997 as Instrument No. 202075 (as amended, the "Ground Lease"); and B. Pursuant to the Ground Lease, Agency leased to Developer approximately 16,000 square feet of unimproved real property (the "Site"), located at Sixth and Old Town Front Streets in the City of Temecula, as more particularly described in the Ground Lease; and C. The parties entered into that certain Loan and Security Agreement by and between the Redevelopment Agency of the City of Temecula and Dual Development Inc. dba Temecula Shuttle, dated March 26, 1997, and recorded on April 16, 1997 in the Official Records of Riverside County as Instrument No. 128032 (the "Loan Agreement "); and D. Pursuant to the Loan Agreement, Agency agreed to loan Dual the principal amount of $100,000 for use in developing the Site, as evidenced by that certain Promissory Note executed by Dual in favor of Agency dated March 26, 1997 (the "1997 Note"); and E. Developer has had sole possession of the Site since October 9, 1996, and has caused to be constructed thereon a bus depot, a McDonald's restaurant, and an automatic teller machine; and F. The parties agree that the purchase price for the property to be conveyed pursuant to this Agreement equals the fair reuse value of the property under the terms imposed upon Developer by this Agreement, as set forth in Health and Safety Code Section 33433; and G. The parties desire to enter into this Agreement in order to resolve the outstanding disputes between them, and to provide for the effective redevelopment of the Site, pursuant to the terms hereof. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: -1- 990602 11087-00001 Ij 1094754.4 (4) 1 SUBJECT OF THE AGREEMENT 1.1 Purpose of the Agreement. This Agreement is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1-1988, as amended, by conveying certain property to Developer and authorizing the development of that property with uses consistent with the Old Town Specific Plan. This Agreement is also intended to resolve the outstanding disputes between Agency and Developer relating to the Ground Lease, Loan Agreement, the 1997 Note, the sale of the property at 41953 Main Street to Agency, and the acts or omissions of Agency, its officers, employees or agents in connection with or in implementation of such activities. Pursuant to this Agreement, the parties shall terminate the Ground Lease and the Loan Agreement, and release all claims against each other relating to the Ground Lease, Loan Agreement, and the sale of the property at 41953 Main Street to Agency, and Agency shall convey the Site to Developer. Agency shall also loan the amount of the Purchase Price to Developer. The fulfillment generally of this Agreement is in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. 1.2 Definitions. As used hereinafter in this Agreement, including the attachments hereto, the following terms shall have the following respective meanings: 1.2.1 "Agency Agreements" means this Disposition and Development Agreement dated June 8, 1999, the Notice of Right of First Refusal dated as the Close of Escrow, and the Deed of Trust, dated as of the Close of Escrow. 1.2.2 "Agency Deed of Trust" means the deed of trust securing the Agency Loan, in the form attached hereto as Attachment No. 5. 1.2.3 "Agency Loan" means the purchase money loan described in Paragraph 5.2 of this Agreement. 1.2.4 "Agency Note" means the promissory note evidencing the Agency Loan, in the form attached hereto as Attachment No. 6. 1.2.5 "City" means the City of Temecula, California. 1.2.6 "Close of Escrow" means the date that the grant deed conveying the Site to Developer, the Notice of Right of First Refusal and Option to Purchase Property, and the Agency Deed of Trust, are all recorded in the Riverside County Recorder's Office. 1.2.7 "Closing Date" shall have the meaning set forth in Paragraph 7.3. 1.2.8 "Construction Assistance" means the Agency financial assistance described in Paragraph 6.5. 1.2.9 "Environmental Laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to 990602 11087430001 ~ 1094754.4 (4) - 2 - Hazardous Substances on, under, or about the Site), occupational or environmental conditions on, under, or about the Site, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS 8§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS 88 7401 et seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS 8§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS 8§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS 8§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C §8 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Wat C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Site), or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. 1.2.10 "Escrow" means the escrow established pursuant to Paragraph 7.1 for the conveyance of the Site. 1.2.11 "Escrow Holder" means First American Title (Lee Ann Adams) at the address set forth in Paragraph 18.4. 1.2.12 "Executive Director" means the Executive Director of Agency, or his or her designee. 1.2.13 "Hazardous Substances" means, without limitation, petroleum or refined petroleum products, flammable explosives, radioactive materials, asbestos, polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5(e)(2), as it now exists or as subsequently amended, those substances included within the definitions of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law, pollutants, contaminants, hazardous wastes, toxic substances or related materials. 1.2.14 "Loan Agreement" shall have the meaning set forth in Recital C. 1.2.15 "Old Town Specific Plan" means that certain specific plan adopted by the City Council of City on February 8, 1994 by Resolution 94-13 and Ordinance 94-05, and subsequently amended by Resolution No. 96-03 on January 9, 1996, and by Ordinance 96-01 on January 23, 1996. 990602 11087-00001 Ij 1094754.4 (4) - 3 - 5.2. 1.2.16 "Purchase Price" shall have the meaning set forth in Paragraph 1.2.17 "Title Company" means First American Title Company. 1.2.18 "1997 Note" shall have the meaning set forth in Recital D. 2 PARTIES TO THE AGREEMENT 2.1 Agency. Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California. All of the terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit of Agency and the successors and assigns of Agency. Whenever the term "Agency" is used herein, such term shall include any other successors and assigns as herein provided. 2.2 Developer. Developer is DUAL DEVELOPMENT INC., a California corporation. All of the terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit of Developer and the permitted successors and assigns of Developer. Whenever the term "Developer" is used herein, such term shall include any other successors and assigns as herein provided. 2.3 Relationship of the Parties. It is hereby acknowledged that the relationship between Agency and Developer is not that of a partnership, joint venture, or any form of business organization, and that Agency and Developer shall not be deemed or construed for any purpose to be the agent of the other. 2.4 Prohibition Against Change in Ownership, Management, and Control of Developer; Sale or Transfer of Site 2.4.1 The qualifications and identity of Developer and its officers and directors are of particular concern to Agency, and it is because of these qualifications and identity that Agency has entered into this Agreement with Developer. Until such time as the Agency Loan is fully repaid, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. 2.4.2 Until such time as the Agency Loan is fully repaid and except as expressly set forth herein, Developer shall not transfer all or any portion of the Site, this Agreement, or any of Developer's rights hereunder, or any interest in the Site or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, without the prior written approval of Agency. As used in this section, the term "Transfer" shall, except as otherwise provided in this Agreement, include any assignment, conveyance, subleasing, hypothecation, or encumbrance of this Agreement, the Site, or the improvements thereon. A Transfer shall also include the transfer to any person or group of persons acting in concert of more than twenty-five percent (in the aggregate) of the present ownership and/or control of the entity constituting Developer or its corporate officers, taking all transfers into account on a cumulative basis, except transfers of such ownership or control interest between members of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the beneficiaries are limited to members of the transferor's immediate family, or among entities constituting Developer or its corporate officers. A transfer shall not include, 990602 11087-00001B 1094754.4 (4) - 4 - and Developer is expressly authorized to enter into, retail leases of the building on the Site, or portions thereof, provided such retail leases contain commercially customary provisions and the term of such retail leases, with option periods, do not exceed five (5) years. 2.4.3 In the event that contrary to the provisions of this Agreement Developer does purport to sell, transfer, convey, assign, encumber, hypothecate, or sublet any part of this Agreement, or the Site in violation hereof, the same shall be null and void and Agency shall have the cumulative options to terminate this Agreement, constitute a default under the Agency Agreements, accelerate the repayment of any outstanding debt between Developer and Agency, and additionally to seek all remedies available at law or equity. 3 REPRESENTATIONS AND WARRANTIES 3.1 Developer Representations and Warranties. In consideration of Agency entering into this Agreement and as an inducement to Agency to sell the Site to Developer and terminate the Ground Lease and the Loan Agreement, Developer makes the following representations and warranties, based on Developer's actual knowledge after a review of records and files related to the Site which are in its current possession, each of which is material and is being relied upon by Agency (the continued truth and accuracy of which shall constitute a condition precedent to Agency's obligations hereunder): 3.1.1 Developer has duly authorized, executed, and delivered this Agreement, and Developer has or will authorize, execute, and deliver within the times set forth therefore in this Agreement, any and all other agreements and documents required to be authorized, executed and delivered by Developer in order to carry out, give effect to and consummate the transactions contemplated by this Agreement. 3.1.2 Developer does not have any material financial obligations or any material contractual agreements which could materially adversely affect the ability of Developer to carry out its obligations hereunder. 3.1.3 There is no action or proceeding pending or, to Developer's best knowledge, threatened, looking toward the dissolution or liquidation of Developer, and there is no action or proceeding pending or, to Developer's best knowledge, threatened by or against Developer which could affect the validity and enforceability of the terms of this Agreement, or materially and adversely affect the ability of Developer to carry out its obligations hereunder. 3.1.4 There are no actions or proceedings pending or, to Developer's actual knowledge, threatened against Developer, before any court or administrative agency in any way connected with or relating to the Site, or affecting Developer's ability to fulfill all of its obligations under this Agreement. 3.1.5 There is no pending litigation or, to Developer's actual knowledge, threatened litigation, which does or will adversely affect the Site, in law or equity, other than litigation involving claims that are covered by insurance and for which Developer will have no liability. 3.1.6 To Developer's actual knowledge, there are no agreements (whether oral or written), affecting or relating to the right of any party with respect to 990602 11087-00001 ~ 1094754.4 (4) - 5 - the possession of the Site, or any portion thereof, which are obligations which will affect the Site or any portion thereof subsequent to the recordation of the Grant Deed except for the Approved Title Exceptions. 3.1.7 To Developer's actual knowledge, neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Site to Developer, violates or shall violate any contract, agreement or instrument to which Developer is a party, or which affects the Site or any part thereof and the sale of the Site herein contemplated does not require the consent of any party not a signatory hereto. Developer has the full power and authority to enter into this Agreement and consummate the transaction contemplated hereby. The execution, delivery and performance of this Agreement has been duly and validly authorized, and no other action by Developer is requisite to the valid and binding execution, delivery, and performance of this Agreement by Developer. 3.1.8 To Developer's actual knowledge, there are no written agreements with any governmental authority or agency materially and adversely affecting the Site, or any part thereof, or any interest therein, which will survive the Close of Escrow. Developer has entered into no understanding or agreement with any taxing or assessing authority respecting the imposition or deferment of any taxes or assessments respecting the Site which will survive the Close of Escrow. 3.1.9 To Developer's actual knowledge, Developer has not received a notice that it is in default of its obligations under any contract, agreement or instrument to which Developer is a party which would adversely affect the value of the Site or Developer's ability to perform its obligations hereunder. 3.1.10 To Developer's actual knowledge, Developer is not out of compliance with any laws, ordinances, codes, rules and requirements and regulations of any governmental agency, body or subdivision thereof bearing on the Site. 3.1.11 Developer has no actual knowledge or belief of any Hazardous Materials on, under or about the Site other than the wood preservation agents as used on the boardwalk and in the framing of the building on the Site. Developer has disclosed or made available for inspection and copying to Agency all information, records, files, and studies maintained by Developer in connection with the Site concerning Hazardous Materials. 3.1.12 To Developer's actual knowledge, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Site for work performed or commenced prior to the date of this Agreement for or on behalf of Developer. Developer agrees to hold Agency harmless from all costs, expenses, liabilities, losses, charges and fees, including attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Site and arising from work performed or commenced prior to the Close of Escrow by or on behalf of Developer. 3.1.13 No Material Change, as hereinafter defined, shall have occurred with respect to the Site that has not been approved in writing by Agency. For purposes of this Agreement, a "Material Change" shall be a change in the status of the ownership, use or condition of the Site as reasonably expected by Agency, that occurs after the date of this Agreement and prior to the Close of Escrow. Developer will promptly notify Agency in writing of any Material Change or Notices (as defined in 990602 11087430001 lj 1094754.4 (4) - 6 - Paragraphs 3.1.10 and 3.1.11) affecting the Site that becomes known to Developer prior to the Close of Escrow. Agency shall have ten (10) days following receipt of written notice of any such Material Change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no Material Change has occurred prior to the Close of Escrow. 3.1.14 To Developer's actual knowledge, Developer has received no notice of any change contemplated in any applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent landowners, or natural or artificial conditions upon the Site which would prevent, impede, limit or render more costly the future use of the Site for any purposed authorized by the Old Town Specific Plan, including but not limited to, notice of any pending or threatened action or proceeding arising out of the condition of the Site or alleged violation of environmental, health or safety statutes, ordinances or regulations. 3.1.15 To Developer's actual knowledge there is no present plan, study or effort by any governmental authority or Developer or any private party or entity which in any way adversely affects or would adversely affect the ownership and use of the Site. 3.1.16 Developer is the holder of any interest in the Site pursuant to the Ground Lease. 3.1.17 Developer has not (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Developer's creditors; (iii) suffered the appointment of a receiver to take possession of all or substantially all of Developer's assets; (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Developer's assets; or (v) admitted in writing its inability to pay its debts as they become due. 3.1.18 Developer has no actual knowledge that any information that Developer, either directly or through Developer's agents, has delivered or made available to Agency is inaccurate. 3.1.19 Except as otherwise expressly provided herein, the representations and warranties of Developer set forth in this Agreement shall be true on and as of the Close of Escrow, as if those representations and warranties were made on and as of such time. 3.2 Agency Representations and Warranties. In consideration of Developer entering into this Agreement, Agency makes the following representations and warranties, based on Agency's actual knowledge after a review of records and files related to this Site which are in its current possession, each of which is material and is being relied upon by Developer (the continued truth and accuracy of which shall constitute a condition precedent to Developer's obligations hereunder): 3.2.1 There are no actions or proceedings pending or, to Agency's actual knowledge, threatened against Agency, before any court or administrative agency in any way connected with or relating to the Site, or affecting Agency's ability to fulfill all of its obligations under this Agreement. 3.2.2 To Agency's actual knowledge, there are no agreements (whether oral or written), affecting or relating to the right of any party with respect to the 990602 11087-000010 1094754.4 (4) - 7 - possession of the Site, or any portion thereof, which are obligations which will affect the Site or any portion thereof subsequent to the recordation of the Grant Deed except for the Approved Title Exceptions. 3.2.3 To Agency's actual knowledge, neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Site to Developer, violates or shall violate any contract, agreement or instrument to which Agency is a party, or which affects the Site or any part thereof and the sale of the Site herein contemplated does not require the consent of any party not a signatory hereto. Agency has the full power and authority to enter into this Agreement and consummate the transaction contemplated hereby. The execution, delivery and performance of this Agreement has been duly and validly authorized, and no other action by Agency is requisite to the valid and binding execution, delivery, and performance of this Agreement by Agency. 3.2.4 To Agency's actual knowledge, there are no written agreements with any governmental authority or agency materially and adversely affecting the Site, or any part thereof, or any interest therein, which will survive the Close of Escrow. Agency has entered into no understanding or agreement with any taxing or assessing authority respecting the imposition or deferment of any taxes or assessments respecting the Site which will survive the Close of Escrow. 3.2.5 To Agency's actual knowledge, Agency has not received a notice that it is in default of its obligations under any contract, agreement or instrument to which Agency is a party which would adversely affect the value of the Site or Agency's ability to perform its obligations hereunder. 3.2.6 To Agency's actual knowledge, Agency is not out of compliance with any laws, ordinances, codes, rules and requirements and regulations of any governmental agency, body or subdivision thereof bearing on the Site. 3.2.7 Agency has no actual knowledge or belief of any Hazardous Materials on, under or about the Site other than the wood preservation agents as used on the boardwalk and in the framing of the building on the Site. Agency has disclosed or made available for inspection and copying to Developer all information, records, files, and studies maintained by Agency in connection with the Site concerning Hazardous Materials. 3.2.8 To Agency's actual knowledge, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Site for work performed or commenced prior to the date of this Agreement for or on behalf of Agency. Agency agrees to hold Developer harmless from all costs, expenses, liabilities, losses, charges and fees, including attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Site and arising from work performed or commenced prior to the Close of Escrow by or on behalf of Agency other than work performed at the request of Developer. 3.2.9 There is no pending litigation or, to Agency's actual knowledge, threatened litigation, which does or will adversely affect the Site, in law or equity, other than litigation involving claims that are covered by insurance and for which Developer will have no liability. 990602 1108%00001 lj 1094754.4 (4) - 8 - 3.2.10 No Material Change, as hereina~er defined, shall have occurred with respect to the Site that has not been approved in writing by Developer. For purposes of this Agreement, a "Material Change" shall be a change in the status of the ownership, use or condition of the Site as reasonably expected by Developer, that occurs after the date of this Agreement and prior to the Close of Escrow. Developer shall have ten (10) days following receipt of written notice of any such Material Change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no Material Change has occurred prior to the Close of Escrow. 3.2.11 To Agency's actual knowledge, Agency has received no notice of any change contemplated in any applicable laws, ordinances or restrictions, or any judicial or administrative action, or any action by adjacent landowners, or natural or artificial conditions upon the Site which would prevent, impede, limit or render more costly the future use of the Site for any use permitted by the Old Town Specific Plan, including but not limited to, notice of any pending or threatened action or proceeding arising out of the condition of the Site or alleged violation of environmental, health or safety statutes, ordinances or regulations. 3.2.12 Agency will promptly notify Developer in writing of any Material Change or Notices (as defined in Paragraphs 3.1.10 and 3.1.11) affecting the Site that becomes known to Agency prior to the Close of Escrow. 3.2.13 To Agency's actual knowledge there is no present plan, study or effort by any governmental authority or agency or any private party or entity which in any way adversely affects or would adversely affect the ownership and use of the Site. 3.2.14 That Agency is the sole owner of the Site. 3.2.15 Agency has no actual knowledge that any information that Agency, either directly or through Agency's agents, has delivered or made available to Developer is inaccurate. 3.2.16 Except as otherwise expressly provided herein, the representations and warranties of Agency set forth in this Agreement shall be true on and as of the Close of Escrow, as if those representations and warranties were made on and as of such time. 4 SITE 4.1 Description of Site. The Site consists of the real property consisting of approximately 16,000 square feet, commonly known as 28464 Old Town Front Street, in the City of Temecula, legally described in Attachment No. 1-DP and depicted in Attachment No. 2. The Site is a portion of the Site. If the legal description of the Site is inaccurate, then this Agreement shall not be invalid and the legal description shall be corrected to meet the requirements of Title Company. 5 PURCHASE AND SALE; PURCHASE PRICE 5.1 Purchase and Sale. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Agency agrees to sell to Developer, and Developer agrees to purchase from Agency, upon the terms and conditions hereinafter set forth, the Site. The Site shall be conveyed by Grant Deed, in the form attached 990602 11087-00001 lj 1094754.4 (4) - 9 - hereto as Attachment No. 3 (the "Grant Deed"). The Grant Deed shall provide, inter alia, that Developer and its successors in interest may develop the Site with any use allowed by the Old Town Specific Plan, applicable zoning, and the Redevelopment Plan, but not otherwise. 5.2 Purchase Price. 5.2.1 The purchase price ("Purchase Price") for the Site shall be Two Hundred and Eighty-Eight Thousand Dollars ($288,000). 5.2.2 In consideration of Developer's covenants hereunder, Agency agrees to loan (the "Agency Loan") the full amount of the Purchase Price to Developer. The Agency Loan shall be evidenced by a promissory note (the "Agency Note") and secured by a deed of trust encumbering Developer's interest in the Site (the "Agency Deed of Trust"), both in the form attached hereto as Attachments No. 4 and 5, respectively. 5.2.3 The Agency Loan shall accrue interest as follows: $168,000 (the "Amortized Loan") of the principal of the Agency Loan shall accrue interest at the rate of seven and one-half (7.5) percent per year; and (b) $120,000 (the "Non-Amortized Loan") of the principal of the Agency Loan shall not accrue interest. 5.2.4 Commencing the fifteenth day of the first calendar month that commences after the Close of Escrow, and continuing monthly thereafter for a period of thirty (30) years, Developer shall pay the sum of $1,174.68 to Agency. The monthly payments shall be applied to the Amortized Loan, principal and interest. 5.2.5 The Amortized Loan, principal and interest, and the Non- Amortized Loan, shall be due and payable immediately upon the occurrence of any of the following: (a) Sale of the Site; (b) Failure of Developer to make any monthly payment of the Amortized Loan for a period of thirty days after the date due; (c) Developer encumbers the Site with any debt; or (d) default of Developer of any of its obligations pursuant to the Agency Agreements, which default has not been cured in accordance with the requirements of Section 17.4 of this Agreement. SPECIAL PROVISIONS 6.1 Effectiveness of Prior Agreements. Agency and Developer agree that, upon the Close of Escrow, the Ground Lease and the Loan Agreement shall be terminated, and the 1997 Note cancelled, all of which shall be of no further force or effect. To that end, the parties shall cooperate in executing a quitclaim deed and whatever other documents are required by Title Company to release the Ground Lease from record title to the Site, and Agency shall terminate the Loan Agreement and cancel the 1997 Note. In the event that, for any reason, Escrow fails to close on or before the Closing Date and this Agreement is terminated, the Ground Lease, Loan Agreement, and 1997 Note shall remain in full force and effect, and Agency shall be entitled to exercise all rights pursuant thereto. 6.2 Release. As a condition to the Close of Escrow, Developer, Edward Dool, and Kathleen Dool shall each execute a release in the form attached hereto as Attachment No. 6 and incorporated herein by this reference, releasing Agency and City 990602 11087X)0001 lj 1094754.4 (4) - 10 - from all claims relating to the Site (including the development of the Site), the Ground Lease, the Loan Agreement, and the 1997 Note. 6.3 Right of First Refusal to Purchase the Site. Agency and Developer agree that the conveyance of the Site to Developer shall be subject to a right of first refusal to purchase the Site, in favor of Agency, in the form attached hereto as Attachment No. 7 and incorporated herein by this reference. 6.4 Construction Assistance. Agency agrees to reimburse Developer a sum not to exceed ten thousand one hundred and seventy nine dollars ($10,179.00) for previous lease and loan payments. This amount represents the difference between the amount Developer has paid under the terms of Ground Lease and Loan Agreement, and the amount based on the recalculated terms pursuant to this Agreement. This reimbursement must be used for expenses incurred by Developer in physically improving the structures and amenities on the Site in order to enhance the value of the Site to the Old Town Area. Developer shall be entitled to such funds upon execution of this Agreement, provided that the conditions precedent to disbursement of the funds have been satisfied. Developer shall submit an invoice from the licensed contractor who performed such work on the Site to the Executive Director, certifying the work performed and the amounts paid for that work. Within thirty (30) days following receipt of the invoice, Agency shall either (1) issue a check in the amount of the invoice made payable to Developer, or (2) notify Developer in writing as to why the invoice does not qualify for payment under this Paragraph. The Construction Assistance shall be disbursed for work to the Site which commenced on or after January 1, 1999 and for which invoices are submitted to the Executive Director within ninety (90) days from the date of this Agreement. 7 ESCROW 7.1 Opening of Escrow. Within five (5) days of the date of this Agreement, the parties shall open an escrow with First American Title, Ms. Lee Ann Adams. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received an executed counterpart of this Agreement from both Developer and Agency. Escrow Holder shall notify Developer and Agency, in writing, of the date Escrow is opened and the Closing Date. Escrow Holder is instructed to send copies of notices, demands and communications between the parties, to or from Agency, or to or from Developer, to both parties to the addresses set forth in Paragraph 18.4 of this Agreement. In addition, Developer and Agency agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, then this Agreement shall control. 7.2 [Intentionally Omitted.] 7.3 Close of Escrow. For purposes of this Agreement, the "Close of Escrow" shall be defined as the date that the Grant Deed conveying the Site to Developer is recorded in the Official Records of Riverside County, State of California. This Escrow shall close on or before August 8, 1999 (the "Closing Date"), or as soon as possible after the satisfaction of all of the "Conditions to Close of Escrow" set forth in Paragraph 8 hereof, but not prior to July 8, 1999. If the Conditions to Close 990602 11087-00001D 1094754.4 (4) - 11 - Escrow are not satisfied or waived by the Closing Date, then this Agreement shall terminate; provided, however, notwithstanding the foregoing, if this Agreement shall terminate because of a party's default, then the non-defaulting party shall then have all remedies available to the non-defaulting party provided in law or in equity, and such rights shall survive the termination of this Agreement. 8 TITLE 8.1 Joint Title Policy. Title shall be evidenced by an ALTA Joint Protection Policy of Title Insurance ("Joint Title Policy") in the amount of the Purchase Price showing title to the Site vested in Developer subject only to the Approved Title Exceptions (as defined below). 8.2 Exceptions to Title. Agency has provided to Developer that certain preliminary title report prepared by North American Title Company dated April 16, 1999, Order No. 32-89153-03 (the "ALTA Report"), including copies of all underlying documents referenced therein (collectively, the "Title Documents"), covering the entirety of the Site. Developer shall review and approve or disapprove the condition of title as set forth in the Title Documents within thirty (30) days after the date of this Agreement. In the event Developer disapproves all or any element of the Title Documents, including but not limited to standard form exceptions and exceptions specific to the Site, Developer shall provide written notice of the specifically disapproved exceptions to Agency within such thirty (30) day period. The failure to deliver such written objections shall constitute both a waiver of Developer's right to object and shall be held to be an irrevocable determination that Developer has approved the Title Documents in all respects. Any exceptions not specifically objected to in writing during such period shall be deemed approved. Upon receipt of Developer's written objections Agency shall have fifteen (15) days to elect whether or not to use its best efforts to remove the objected to exceptions; Agency shall convey its election to Developer within that period. Agency shall not be obligated in any manner to remove any or all exceptions objected to by Developer. In the event Agency cannot or elects not to remove the exceptions as objected to by Developer, Developer shall have two (2) business days from notice thereof from Agency to elect to either (i) proceed with this Agreement and accept the condition of title which Agency can or will accomplish or (ii) to terminate this Agreement pursuant to Paragraph 3.4. 8.3 Approved Title Exceptions. It shall be a condition to the Close of Escrow and a covenant of Agency that title to the Site be conveyed to Developer by Agency by the Grant Deed subject only to the following title exceptions ("Approved Title Exceptions "): 8.3.1 All exceptions identified in the Title Documents, other than Exception No. 11. Developer hereby approves all exceptions in the Title Documents. 8.3.2 A lien to secure payment of real estate taxes, not delinquent; 8.3.3 The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code ("Code"), but only to the extent that such supplemental taxes are attributable to the transaction contemplated by this Agreement. Agency shall be responsible for, and hereby indemnifies Developer and the Site against, any supplemental taxes assessed pursuant to the Code, to the extent that such taxes relate to events (including, without limitation, 990602 11087~00001 lj 1094754.4 (4) - 12 - any changes in ownership and/or new construction) occurring prior to the Close of Escrow; 8.3.4 Non-monetary matters affecting the title created by or with the written consent of Developer; 8.3.5 Non-monetary exceptions which are disclosed by the Title Documents described above and which are approved by Developer in accordance with the provisions hereof. Developer shall have twenty (20) days from receipt of all of the Title Documents required ("Title Approval Date") to give Agency and Escrow Holder written notice ("Developer's Title Notice") of Developer's disapproval or conditional approval of the legal description or any matters shown in the Title Documents. If Developer disapproves or conditionally approves the legal description and/or any such non-monetary matters of title shown in the Title Documents, Agency may, within thirty (30) days after its receipt of Developer's Title Notice, elect to eliminate or ameliorate to Developer's satisfaction the disapproved or conditionally approved title matters. Agency shall give Developer written notice CAgency's Title Notice") of those disapproved or conditionally approved title matters, if any, which Agency covenants and agrees to either eliminate from the ALTA Report as exceptions to title to the Site or to ameliorate to Developer's satisfaction by the Closing Date as a condition to the Close of Escrow for Developer's benefit. If Agency does not elect to eliminate or ameliorate to Developer's satisfaction any disapproved or conditionally approved title matters, or if Developer disapproves of Agency's Title Notice, or if, despite its reasonable efforts, Agency is unable to eliminate or ameliorate to Developer's satisfaction all such disapproved matters prior to the Closing Date, then Developer shall have the right, by a writing delivered to Agency and Escrow Holder, to: (1) waive its prior disapproval, in which event the disapproved matters shall be deemed approved; or (2) terminate this Agreement and the Escrow created pursuant hereto, in which event Developer shall be entitled to the return of all monies previously deposited with Escrow Holder, plus any interest accrued thereon, and this Agreement, the Escrow and the rights and obligations of the parties hereunder shall terminate; 8.3.6 The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Site; and 8.3.7 The covenants, restrictions, and rights set forth in the Grant Deed and in the Notice of Right of First Refusal and Option to Purchase. 8.4 No Additional Exceptions to Title. Agency covenants and agrees that during the term of this Escrow, it will not create, cause or permit exceptions to title to the Site other than the Approved Title Exceptions described in this Paragraph 8. Any liens, encumbrances, easements, restrictions, conditions, covenants, rights, rights of way or other matters affecting title which may appear of record or be revealed after the date of the ALTA Report shall also be subject to Developer's approval and must be eliminated or ameliorated to Developer's satisfaction by Agency prior to the Close of Escrow as a condition to the Close of Escrow for Developer's benefit. CONDITION OF SITE 9.1 "As Is/Where Is" Conveyance. Developer acknowledges that Developer has had sole possession of the Site since October 9, 1996, and has caused to be constructed thereon a bus depot, a McDonald's restaurant, and an automated teller machine. Developer hereby accepts the Site in an "As Is/Where Is" condition without 990602 11087-00001 lj 1094754.4 (4) - 13 - warranty of any kind, express or implied, including, without limitation, any warranty as to title, physical condition or the existence or absence of Hazardous Substances on the Site, except as provided in Section 3.2.7, and, hereafter, if the Site is not in all respects entirely suitable for the use or uses to which the Site or any pan thereof will be put, then it is the sole responsibility and obligation of Developer to take such action as may be necessary to place the Site in a condition entirely suitable for such use or uses. IN CONNECTION WITH THE ABOVE DEVELOPER HEREBY ACKNOWLEDGES AND REPRESENTS TO AGENCY THAT DEVELOPER HAS HAD AMPLE OPPORTUNITY TO INSPECT AND EVALUATE THE SITE AND THE FEASIBILITY OF THE USES AND ACTIVITIES DEVELOPER IS ENTITLED TO CONDUCT ON THE SITE, INCLUDING BUT NOT LIMITED TO SOILS AND THE SITE'S COMPLIANCE OR NON-COMPLIANCE W TH I APPLICABLE LAWS RULES REGULATIONS AND ORDINANCES INCEUDING ~FHE ENVIRONMENTAL LAWS AND T~E EXISTENCE O NON-EXISTENCE OF R HAZAhDOUS MATERIALS ON IN OR UNDER THE SITE. THAT DEVELOPER IS EXPERIENCED IN REAL ESTATE ' DEVELOPMENT. THAT DEVELOPER WILL RELY ENTIRELY ON ~EVELOPER'S EXPERIENCE EXPERTISE AND ITS OWN INSPECTION OF THE SITE IYq ITS CURRENT STATE IN PROCEEDING WITH THIS AGREEMENT. THAT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEM NT DEVELOPER WILL E ACCEPT THE SITE IN ITS PRESEiqT CONDITION. AND THAT TO THE EXTENT THAT DEVELOPER'S O~/N EXPEI~TISE REGARDING ANY OF THE FOREGOING IS INSUFFICIENT TO ENABLE DEVELOPER TO REACH AN INFORMED CONCLUSION DEVELOPER HAS ENGAGED THE SERVICES OF PERSONS UALIFIED TO ADVISE DEVELOPER REGARDING SUCH MATTERS. DEVELOPER IS NOT RELYING ON ANY EXPRESS OR IMPLIED ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES MADE BY AGENCY OR ANY AGENCY REPRESENTATIVES REGARDING THE CONDITION OF THE SITE IN ENTERING INTO THIS AGREEMENT. THE FOREGOING SHALL NOT BE DEEMED TO LIMIT OR WAIVE ANY EXPRESS COVENANTS OR OBLIGATIONS OF AGENCY SET FORTH IN THIS AGREEMENT. 9.2 No Agency Representations. Developer specifically acknowledges and agrees that Agency has not made and will not make any representations or warranties concerning the Site's compliance or non-compliance with "Environmental Laws" or the existence or non-existence of "Hazardous Materials" in relation to the Site or otherwise. 990602 11087-00001 lj 1094754.4 (4) - 14 - 10 CONDITIONS TO CLOSE OF ESCROW. 10.1 Conditions to Developer's Obligations. The Close of Escrow and Developer's obligation to consummate the transaction contemplated by this Agreement are subject to the occurrence and/or satisfaction of each of the following conditions (or Developer's waiver thereof, it being agreed that Developer may waive any or all of such conditions): 10.1.1 Title. Developer shall have approved any exceptions of title as disclosed by the Title Documents, pursuant to the provisions of Paragraph 8.2, and the Title Company has committed to issue the Joint Title Policy subject only to the Approved Title Exceptions. 10.1.2 Agency's Obligations. Agency shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Agency; and 10.1.3 Representations, Warranties and Covenants of Agency. Agency shall have duly performed each and every agreement to be performed by Agency hereunder and Agency's representations, warranties and covenants set forth in Paragraph 3.2 shall be true and correct as of the Closing Date. 10.1.4 No Material Changes. At the Closing Date, there shall have been no material adverse changes in the physical condition of the Site. 10.2 Conditions to Agency's Obligations. The Close of Escrow and Agency's obligation to consummate the transaction contemplated by this Agreement are subject to the occurrence and/or satisfaction of each of the following conditions (or Agency's waiver thereof, it being agreed that Agency may waive any or all of such conditions): 10.2.1 Agency's Obligations. Agency shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Agency; and 10.2.2 Representations, Warranties and Covenants of Agency. Agency shall have duly performed each and every agreement to be performed by Agency hereunder and Agency's representations, warranties and covenants set forth in Paragraph 3.2 shall be true and correct as of the Closing Date. 10.2.3 No Material Changes. At the Closing Date, there shall have been no material adverse changes in the physical condition of the Site. 10.3 Deposits by Agency. At least five (5) business days prior to the Close of Escrow, Agency shall deposit or cause to be deposited with Escrow Holder the following documents and instruments: 10.3.1 Grant Deed. The Grant Deed conveying the Site to Developer, duly executed by Agency, acknowledged and in recordable form in the form attached hereto as Attachment No. 3. 990602 11087-130001 lj 1094754.4 (4) - 15 - 10.3.2 Agency's Certificates. Certificates of non-foreign status ("Agency's Certificates"), duly executed, by Agency, as required by California Revenue and Taxation Code 18805, and Internal Revenue Code Section 1445. 10.3.3 Authority. Such proof of Agency's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Joint Title Policy. 10.3.4 1997 Note. The cancelled 1997 Note. 10.3.5 Funds. Such additional funds as Escrow Holder may require, sufficient to pay Agency's share of costs pursuant to this Agreement. 10.4 Deposits by Developer. At least five (5) business days prior to the Close of Escrow, Developer shall deposit or cause to be deposited with Escrow Holder the following documents and instruments: 10.4.1 Promissory Note and Trust Deed. The executed Agency Note, and Agency Trust Deed, duly executed by Developer, acknowledged and in recordable form. 10.4.2 Notice of Right of First Refusal. The Notice of Right of First Refusal, duly executed and acknowledged and in recordable form, in the form attached hereto as Attachment No. 7. 10.4.3 Release. The Release and Settlement Agreement, duly executed by Developer, Edward Dool, and Kathleen Dool. 10.4.4 Quitclaim Deed. The Quitclaim Deed and/or other documents required by the Title Company, terminating all of Developer's interest in the Site pursuant to the Ground Lease. 10.4.5 Authority. Such proof of Developer's authority and author- ization to enter into this transaction as the Title Company may reasonably require in order to issue the Joint Title Policy. 10.4.6 Funds. Such additional funds as Escrow Holder may require, sufficient to pay Developer's share of costs pursuant to this Agreement. 11 COSTS AND EXPENSES The cost and expense of the Joint Title Policy, as well as the escrow fee of Escrow Holder, shall be paid equally by Developer and Agency, 50/50. The cost and expense of the ALTA survey shall be paid by Agency. The cost of any extra title coverage or endorsements shall be paid by the party who requests same. Developer shall pay all documentary transfer taxes payable in connection with the recordation of the Grant Deed. The amount of such transfer taxes shall not be posted on the Grant Deed but shall be supplied by separate affidavit. Developer and Agency shall pay the Escrow Holder's customary charges for document drafting, recording and miscellaneous charges. If, as a result of no fault of Developer or Agency, Escrow fails to close, Developer shall pay all of Escrow Holder's fees and charges. If escrow fails to close because of the fault of Agency, then Agency shall pay all of Escrow Holder's fees and charges. Escrow Holder's customary out-of-pocket expenses for messenger 990602 11087-00001 Ij 1094754.4 (4) - 16 - services, long distance telephone, etc., shall be paid by the party on whose behalf the costs were incurred. 12 PRORATION OF TAXES Real and personal property taxes and assessments on the Site shall be prorated as of the Close of Escrow on the basis that Agency is responsible for (i) all such taxes for the fiscal year of the applicable taxing authorities occurring prior to the "Current Tax Period"; and (ii) that portion of such taxes for the Current Tax Period determined on the basis of the number of days which have elapsed from the first day of the Current Tax Period to the Closing Date, inclusive, whether or not the same shall be payable prior to the Closing Date. The phrase "Current Tax Period" refers to the fiscal year of the applicable taxing authority in which the Closing Date occurs. In the event that as of the Closing Date the actual tax bills for the year or years in question are not available and the amount of taxes to be prorated cannot be ascertained, then the assessed valuation of the previous year shall be used, and when the actual amount of taxes and assessments for the year or years in question shall be determinable, then such taxes and assessments will be reported between the parties to reflect the actual amount of such taxes and assessments. Notwithstanding the foregoing, Developer shall be responsible for all possessory interest taxes related to the Ground Lease, even though incurred prior to the Close of Escrow. 13 DISBURSEMENTS AND OTHER ACTIONS BY ESCROW HOLDER U15on the Close of Escrow, the Escrow Holder shall promptly undertake all of the following in the manner indicated: 13.1 Authorization to Record Documents and Disburse Funds. The Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: 13.1.1 Joint Title Policy. Title Company can issue in favor of Developer an ALTA Joint Protection Policy of Title Insurance with liability equal to the Purchase Price, showing the Site vested in Developer or its assignee, subject only to the Approved Title Exceptions, and in favor of Agency, showing the Agency Deed of Trust and Notice of First Refusal record in first and second position on the Developer, subordinate only to the Approved Title Exceptions. 13.1.2 Assessments. All assessments against the Site for periods prior to close of escrow, shall be paid in full by Agency before the Close of Escrow or, at Developer's option, the assessments may remain a lien against the Site and Developer shall receive a credit against the Purchase Price in the amount of the assessments. Any prior assessments against the property which are payable in installments shall be prorated between Developer and Agency based upon the due date of the installments with Agency paying all assessment installments due prior to close of escrow and a pro- rata portion of any installment due after Close of Escrow for the period prior to Close of Escrow. 13.1.3 Contingency Approval (Developer). The Escrow Holder shall have received Developer's notice of approval or satisfaction or waiver of all of the con- tingencies to Developer's obligations hereunder. 990602 110874~001 ~ 1094754.4 (4) 17 - 13.1.4 Contingency Approval (Agency). The Escrow Holder shall have received Agency's written notice of approval or satisfaction or waiver of all of the contingencies to Agency's obligations hereunder. 13.1.5 Deposits to Escrow. Agency shall have deposited in Escrow the Grant Deed, and Developer shall have deposited in Escrow the Agency Note, Agency Trust Deed, Notice of Right of First Refusal to Purchase, and Developer's share of the closing costs. 13.2 Recording. Cause the Grant Deed, Quitclaim Deed, Notice of Right of First Refusal, Agency Deed of Trust, and any other documents which the parties hereto may mutually direct, to be recorded in the Official Records of Riverside County, California. Escrow Holder is instructed not to affix the amount of documentary transfer tax on the face of the Deeds, but to supply same by separate affidavit. The Notice of Right of First Refusal and Agency Deed of Trust shall be recorded against the Site, in first and second position, subordinate only to the Approved Title Exceptions. 13.3 Funds. Disburse from funds deposited by Developer and Agency with Escrow Holder towards payment of all items chargeable to the account of Developer and Agency, respectively, pursuant hereto in payment of such costs, and disburse any excess funds to the person depositing such funds; 13.4 Issuance of Title Policies. Direct the Title Company to issue the Joint Title Policy to Developer and Agency. 13.5 Delivery of Documents. 13.5.1 Deliver the Agency Deed of Trust, the Agency Note, the Notice of Right of First Refusal, and other documents, to the parties entitled thereto or for whose benefit they are written; 13.5.2 Prepare and deliver to both Developer and Agency one signed copy of Escrow Holder's closing statement showing all receipts and disbursements of the Escrow; and 13.5.3 Deliver Agency's Certificates to Developer. 14 INDEMNIFICATION OF ESCROW HOLDER 14.1 Hold Harmless. If this Agreement or any matter relating hereto shall become the subject of any litigation or controversy, Developer and Agency agree, jointly and severally, to hold Escrow Holder free and harmless from any loss or expense, including attorneys' fees, that may be suffered by it by reason thereof except for losses or expenses as may arise from Escrow Holder's negligent or willful misconduct. If conflicting demands are made or notices served upon Escrow Holder with respect to this Agreement, the parties expressly agree that Escrow Holder shall be entitled to file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate their several claims and rights among themselves. Upon the filing of the action in interpleader, Escrow Holder shall be fully released and discharged from any obligations imposed upon it by this Agreement. 990602 11087-00001D 1094754.4 (4) - 18 - 14.2 Liabilities and Duties. Escrow Holder shall not be liable for the sufficiency or correctness as to form, manner, execution or validity of any instrument deposited with it, nor as to the identity, authority or rights of any person executing such instrument, nor for failure of Developer or Agency to comply with any of the provisions of any agreement, contract or other instrument filed with Escrow Holder or referred to herein. Escrow Holder's duties hereunder shall be limited to the safekeeping of all monies, instruments or other documents received by it as Escrow Holder, and for their disposition in accordance with the terms of this Agreement. 15 USE OF THE SITE 15.1 Use of the Site. Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest that Developer shall devote the Site to uses consistent with the applicable provisions of the Temecula General Plan, Municipal Zoning Code, and the Old Town Specific Plan. 15.2 Maintenance of the Site. Developer agrees to maintain the Site and the improvements thereon in a commercially reasonable first class condition and repair (and, as to landscaping, in a healthy condition) consistent with all applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. In addition, Developer shall keep the Site and the improvements thereon free from any accumulation of debris or waste material. Developer shall make all repairs and replacements reasonably necessary to keep the improvements in first class condition and repair and shall promptly eliminate all graffiti and move to replace dead and diseased plants and landscaping with comparable approved materials. 15.3 Obligation to Refrain from Discrimination. Subject to the covenants set forth in the Notice of Right of First Refusal, Developer covenants by and for itself and any successors in interest that there shall be no discrimination against, or segregation of, any persons, or group of persons, on account of sex, race, color, creed, marital status, religion, handicap, national origin, or ancestry in the enjoyment of the Site, nor shall Developer itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site, all as further set forth in California Health and Safety Code Section 33436. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 15.4 Form of Non-Discrimination Clauses. Developer shall refrain from restricting the rental, sale, or lease of the Site on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases, or contracts for the sale of the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through him, establish or permit any such 990602 11087-00001 lj 1094754.4 (4) - 19 - practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." 3. In contracts for the sale of the Site: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, transfer, use, occupancy, tenure or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of premises." 16 INDEMNIFICATION PROVISIONS. 16.1 Indemnity. From and after the execution of this Agreement, Developer hereby agrees to indemnify, defend, protect, and hold harmless Agency and the City and any and all agents, employees and representatives of Agency and the City, from and against all losses, liabilities, claims, damages (including foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney's fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with: (i) the development of the Site or the use, ownership, management, occupancy, or possession of the Site, (ii) any breach or default by Developer hereunder, or (iii) any of Developer's activities on the Site (or the activities of Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Site), regardless of whether such losses and liabilities shall accrue or are discovered before or after termination or expiration of this Agreement, except to the extent such losses or liabilities are caused solely and exclusively by the gross negligence or intentionally wrongful acts of Agency. Developer shall defend, at its expense, including attorneys' fees, Agency and the City, and Agency's and the City's Council Members, Board 990602 11087-00001 lj 1094754.4 (4) - 20 - Members, officers, agents, attorneys, consultants, independent contractors, servants and employees in any legal action based upon such alleged acts or omissions. Agency and the City may in their discretion participate in the defense of any such legal action. 16.1.1 On and after the Close of Escrow, Developer hereby agrees to defend, indemnify, protect and hold harmless City and Agency, their Council Members, Board Members, directors, officers, employees, attorneys, agents, successors and assigns from and against any and all claims, suits, fines, penalties, cleanup costs, investigative and assessment costs, liabilities, judgments, losses, damages, attorneys' fees, costs and expenses of whatever kind or type whatsoever, including but not limited to those filed or claimed by third parties or governmental entities, including without limitation, investigative and assessment costs, attorneys' fees, expert fees, and consulting fees, arising out of, occurring during, or in any way connected with the presence of Hazardous Materials in or on the soil, air, subsurface groundwater, perched groundwater, and/or surface water on or off the Site in violation of the Environmental Laws. As to the entire Site, this indemnity shall be limited to any conditions existing or events occurring during the time Developer had leasehold title to the Site. As to the Site, this indemnity shall be limited to any conditions existing or events occurring during the time Developer holds title to the Developer Site. This indemnity shall not apply in the event of the indemnitee's own gross negligence or wilful misconduct. 16.2 Notice of Third Party Claims. Developer and Agency each agree to give the other written notice of any third party claim that may give rise to a claim for indemnification hereunder within twenty (20) days after learning of such third party claim; provided, however, that the failure to give timely notice as hereinabove provided shall not defeat any claim for indemnification hereunder except to the extent that the party to whom such notice was owing is prejudiced by the lack of such timely notice. 17 EVENTS OF DEFAULT; REMEDIES 17.1 Events of Default of Developer Prior to Close of Escrow. If prior to the Close of Escrow (1) Developer (or any permitted successor in interest) assigns or attempts to assign this Agreement or any rights therein or in the Site (except as authorized in this Agreement) in violation of Paragraph 2.4 hereof, or (2) any material representations by Developer set forth in Paragraph 3.1 hereof shall be false, untrue or incorrect, or (3) Developer shall fail to comply in any manner with the Schedule of Performance, or (4) Developer shall be otherwise in material default under this Agreement, or (5) Developer shall be in default or is unable to perform pursuant to the terms and conditions of this Agreement, then Agency shall have the right to immediately terminate this Agreement and any rights of Developer, or any assignee or transferee in this Agreement, or rights arising from this Agreement, with respect to the Site, shall, at the option of Agency, be terminated by Agency immediately upon a written declaration of termination being given by Agency to Developer. Upon such termination, Developer shall reimburse Agency for all costs and expenses incurred by Agency in connection with this Agreement, including reasonable attorneys' and consultants' fees and costs, and Agency shall not have any further rights against or liability to Developer under this Agreement. In such an event, Developer has no right to reimbursement for funds previously expended on escrow extensions, development of plans, and securing financing from Agency, the City or any third party. 17.2 Events of Default of Agency Prior to Close of Escrow. In the event that prior to Close of Escrow Agency shall otherwise be in material default under this 990602 110874)0001 lj 1094754.4 (4) - 2 1 - Agreement, and any such failure shall not be commenced to be cured within thirty (30) days after the date of written demand therefor by Developer thereafter, then Developer shall have the right to seek a judicial order of specific performance and Developer shall not have any further rights against or liability to Agency under this Agreement. 17.3 Events of Default After Close of Escrow. The following occurrences, if such occur after the Close of Escrow, shall constitute events of default under this Agreement, entitling the Agency or the Developer, as applicable, to exercise the remedies set forth in the following sections: (1) the Developer or Agency shall be in default of any material covenants, or any of their respective duties or obligations hereunder, or (2) a petition in bankruptcy by or against any party or appointment of a receiver or trustee of any property of any party, or an assignment by any party for the benefit of creditors, or adjudication that such party is insolvent by a court, such petition, appointment, or assignment is not removed or discharged within 90 days, then such occurrence shall be declared to be an event of default in accordance with Section 17.4 hereof. 17.4 Declaration of Event of Default. Neither Developer or Agency shall declare an event of default after the Close of Escrow with regard to any of the provisions of this Agreement, if after the non-defaulting party shall serve written notice of such default upon the defaulting party, the default is cured within 30 days thereafter; provided, however, if such default is not reasonably curable with 30 days, then it shall not be a default if the party commences to cure such default within such 30 day period and thereafter diligently pursues to full and satisfactory completion the cure within a reasonable period of time not to exceed an additional thirty (30) days, provided that if the event of default shall involve the payment of money, then the applicable amount shall be paid within the initial 30 days after the notice. In the event of a breach or default under this Agreement by either Developer or Agency, the non-defaulting party shall have the right to terminate this Agreement and the Escrow for the purchase and sale of the Site, by delivering written notice thereof to the defaulting party and to the Escrow Holder, and if Developer is the non-defaulting party, Developer shall thereupon promptly receive a refund of all prior deposits and accrued interest. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity, as provided herein. 17.5 Institution of Legal Actions. In addition to any other rights or remedies applicable hereunder after the Close of Escrow, Agency or Developer may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement and its Attachments including but not limited to Agency Note, Agency Deed of Trust, and the Notice of Right of First Refusal. Any legal actions initiated pursuant to this Agreement or otherwise with respect to its subject matter must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. 17.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 17.7 Acceptance of Service of Process; Venue. In the event that any legal action is commenced by Developer against Agency, service of process on Agency shall be made by personal service upon the Executive Director, or in such other manner as may be provided by law. In the event that any legal action is commenced by Agency against Developer, service of process on Developer shall be made by personal service, 990602 11087-00001 lj 1094754.4 (4) - 22 - whether made within or without the State of California, or in such other manner as may be provided by law. All actions related directly or indirectly to this Agreement by and between the parties shall be brought in the Superior Court of the County of Riverside, California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 17.8 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party hereto of one or more of such rights or remedies shall not preclude the exercise by that party, at the same or different times, of any other rights or remedies for the same default or any other default by any other party. 18 MISCELLANEOUS AND GENERAL PROVISIONS 18.1 Nonliability of Officials, Employees, Agents, and Contractors of Agency and the City of Temecula. No member, official, employee, consultant, attorney, or contractor of Agency or the City shall be personally liable to Developer, or any successor in interest, in the event of any default or Breach by Agency or for any amount which may become due to Developer or its successors, or any obligations under the terms of this Agreement. 18.2 [Intentionally Omitted.] 18.3 Effect and Duration of Covenants. All of the terms, covenants, agreements or conditions set forth in this Agreement shall remain in effect for the length of time set forth herein, to the extent permitted by law. 18.4 Notices, Demands, and Communications. Formal notices, demands and communications between Agency and Developer shall be sufficiently given if by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the Agency and Developer at the following addresses or to such other addresses as either party may from time to time designate pursuant to this Section: To Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Telephone: (909) 694-6440 Facsimile: (909) 694-1999 Attn: City Manager/Executive Director With a copy to: Richards, Watson & Gershon 333 South Hope Street, 381h Floor Los Angeles, California 90071 Telephone: (213) 626-8484 Facsimile: (213) 626-0078 Attn: Michael Estrada 990602 1108%00001 ~ 1094754.4 (4) - 23 - To Developer: Dual Development Co. c/o James D. Turner, Esq. Attorney at Law 5000 East Spring Street, Suite 450 Long Beach, Ca. 90815-1270 Telephone: (562) 421-6333 Facsimile: (562) 421-6903 To Escrow Holder: First American Title 323 West Court Street San Bernardino, Ca. 92401 Telephone: (909) 889-0311 Facsimile: (909) 384-8444 Attention: Lee Ann Adams 18.5 Attorney's Fees. If either party commences an action against the other party to enforce any of the terms hereof or because of the Breach by either party of any of the terms hereof, the losing party shall pay the prevailing party reasonable attorney's fees, court costs and expenses incurred by the prevailing party in connection with such action, in addition to whatever other relief the prevailing party may be entitled. In the event a dispute should arise as to the amount to which the prevailing party is entitled, the court or a court appointed third party arbitrator shall determine such amount. 18.6 Force Majeure; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by the parties hereunder shall not be deemed to be in default and all performance and dates shall be extended where delays or defaults are due to strikes, lock-outs, riots, floods, earthquakes, fires, casualties, freight embargoes, lack of transportation, governmental restrictions, litigation beyond the control or without the fault the party seeking relief, unusually severe weather, acts or omissions of the other party, acts or the failure to act of the City or any other public or governmental agency or entity (except that acts or the failure to act of Agency shall not excuse performance by Agency), or any other causes without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if the notice by the party claiming such an extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the written mutual agreement of Agency and Developer. Developer is not entitled pursuant to this Paragraph 18.6 to an extension of time to perform because of past, present or future difficulty in obtaining suitable temporary or permanent financing for the development of the Site. 18.7 No Third Party Beneficiaries other than the City. The City shall be a named third party beneficiary of this Agreement. This Agreement is made and entered into for the sole protection and benefit of the parties, the City and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 18.8 Execution Authority. Each individual executing this Agreement on behalf of Developer represents and warrants that he is duly authorized to execute and 990602 11087-00001 b 1094754.4 (4) - 24 - deliver this Agreement on behalf of the corporation, partnership, entity or organization and that this Agreement is binding upon same in accordance with its terms. 18.9 Severability. If any term or provision of this Agreement shall be held invalid, illegal or unenforceable, the validity of all other terms and provisions hereof shall in no way be affected thereby. 18.10 Recitals. The recitals are incorporated herein by this reference. 18.11 Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 18.12 Due Diligence; Construction. The parties agree that each party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The parties further agree that each party has conducted its own investigation of the facts and law applicable to the transaction and obligations described in this Agreement and have not relied in whole or in part on the statements or representations of the other party or its officers, employees or agents. IN CONNECTION WITH THE ABOVE DEVELOPER ACKNOW EDGES THA~I' IT HAS L HAD AMPLE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, BUSINESS ADVISORS AND REAL ESTATE ADVISORS REGARDING ~'HIS AGREEMENT AND THE MATTERS PERTAINING HERETO AND FURTHER ACKNOWLEDGES THAT Ai~ENCY HAS ADVISED DEVELOPER IN WRITING THAT DEVELOPER SHOULD CO~qSULT WITH LEthAL COUNSEL BUSINESS ADVISORS AND REAL ESTATE ADVISORS REGARDING Ti~IIS AGREEMENT. 18.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 18.14 Attachments. All attachments attached hereto and/or referred to in this Agreement are incorporated herein as though set forth in full. 18.15 Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. 18.16 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The references in this agreement to "Paragraph" 990602 1108%00001 lj 1094754.4 (4) - 25 - shall refer to the sections of this Agreement unless it is clear from the context that another meaning is intended. 18.17 Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. 18.18 Required Actions of Developer and Agency. Developer and Agency agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the Close of Escrow in accordance with the provisions hereof. 18.19 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 18.20 Survival. The provisions hereof shall not terminate but rather shall survive any conveyance hereunder and the delivery of all consideration. The covenants, representations and warranties of both Developer and Agency set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow. 18.21 Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. 18.22 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future Breach of any such provision or any other provision hereof. 18.23 Non-Recordation. It is understood and agreed that the parties to this Agreement do not intend to record this Agreement in the official records of Riverside County or elsewhere. Accordingly, each of the parties to this Agreement covenants and agrees that it will not record this Agreement. 19 ENTIRE AGREEMENT; AMENDMENTS. This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes thirty (30) pages of text and seven (7) Attachments, each of which is incorporated herein by reference, as follows: Attachment No. 1 Attachment No. 2 Attachment No. 3 Attachment No. 4 Attachment No. 5 Attachment No. 6 Attachment No. 7 Legal Description of Site Site Map Form of Grant Deed Form of Promissory Note Form of Deed of Trust Form of Release Notice of Right of First Refusal 990602 11087-00001 lj 1094754.4 (4) - 26 - This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties regarding all or any pan of the subject matter hereof. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any portion of the subject matter hereof. All modifications, additions or amendments to this Agreement shall be in writing and signed by the parties hereto. The Executive Director is hereby authorized to agree to minor amendments required to implement this Agreement. Other provisions altering the intent of the Agreement must be approved by resolution of the Agency Board. 20 AUTHORITY OF EXECUTIVE DIRECTOR The Executive Director of Agency (or his designee), is hereby authorized, on behalf of Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first-above written. "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Karel F. Lindemans Chairperson ATTEST: Susan Jones Agency Secretary APPROVED AS TO FORM: By: Peter Thorson General Counsel [Signatures continue] 990602 l1087-00001 lj 1094754.4 (4) - 27 - DUAL DEVELOPMENT, INC., a California Corporation, By: Kathleen Dool President By: Edward Dool Vice Presidem 990602 11087-00001 lj 1094754.4 (4) - 28 - Acceptance by Escrow Holder: First American Escrow hereby acknowledges that it has received a fully executed counterpart of the foregoing Disposition and Development Agreement and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. First American Title By: Lee Ann Adams Escrow Officer 990602 I1087-00001 Ij 1094754.4 (4) - 29 - ATTACHMENT "1" Tn~ lx~on of Loe I of Tract Map 23P..5, as ~own by M:~p on fi/~ in Book 209 of Maps at pages 21 through 23, Records of Pdversid= County, Cal/fomla, dcscribe. d as follows: Be.Ej:~-h,g au t/E most wcg..m. ty comer of sa.kl Lo~ 1; Th~r=~ North 44 of 147.87 Thcnc= South45* 34.' 15" East, ad/uuac= o/26.98 feet; South 444, :2-5' 45" Weft, a disroe= of 18.33 f-~t: 313' 01'" t a distance of 22. I Th~uc~ Sauth 05~ 45' 17" West, a dlmmc~ of 35.51 feet; South 45· .'t(Y 01" ~ a distanc~ of 68.87 ~ Tasrmc Sorrth i4° 29' 59" We~t, a daunt= of 36.24 t~c~; South. 440 29' 59" West, a distan~ of 9.50 Thcnc~ South 459 30' 01" East, a distance ~f 11.62 feet to a point in the north~y tight-of-way Hne of6th Str~_t as shown on said map: Tnenc~ ,South 44° 2~ 43" West atong said fight-of-way line, a disT.~n_ee of 43.98 Thence South 85° :53' 32" We, st along said right-of-way l/no, a distanc~ of 22.69 fc=t to a pcim in th~ nerth:tsterty ~g~-of-~ay LLn~ ofFrout Strca as shov. m on said rrurp; Them~ Nerth 454, 30' 01" West along said righbof-w~y lin~, a distance of 134.92 fee~ to ~ Pohu of Cun ta.m. mg t.}.37 a,...~. more ,.., r PREPA8 ~ n UNDER MY S UPF. R V / MaVd~w ~ Wcbb, L.S. 5529 L.1 L.5 L6 L7 t..8 1.9 LI0 F~',..j,;.,.S N,It25"4.5'E N4.,~"'2..5'45"E N4,5'.,JTOrl/ 'S05'43' 17' W NI4"2'~'Sg"E ~,,~4"'2'0'~E ~44-25'43'E N45'3Z3'Ol*W I ATTACHMENT 2 SITE MAP + 147,87" 2,ZT ' ..~,51 ° ,,Tl5.24' 9.f.'.'.'.'.'.'.'.'.~ 43.9,8' I " ERCEDES S'mEET - / ..... ' ' N45',T>O'45'W , ,,-- 30° / L~ . 0 I~,~X~S,..F-.13c~i3,,TTA,C' c3 _z LI,1 -~"' N4 5'50'0 ! ' I 95--0212 ATTACHMENT "2" LEASE PARCEL sHErr 1 SHEETS Attachment No. 3 RECORDED AT THE REQUEST OF Redevelopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Clerk/Secretary WHEN RECORDED, RETURN TO AND MAIL TAX STATEMENTS TO: Dual Development Co. c/o James D. Turner, Esq. Attorney at Law 5000 East Spring Street, Suite 450 Long Beach, Ca. 90815-1270 [Space above for Recorder's use Pursuant to California Government Code Section 27383] GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, The REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, of the State of California (hereinafter referred to as "Grantor" or "Agency"), acting to carry out the public purposes of that certain Disposition and Development Agreement (herein called "DDA") dated June 8, 1999 and entered into by and between Grantor and DUAL DEVELOPMENT, INC., a California corporation (hereinafter referred to as "Grantee"), under the Community Redevelopment Law of the State of California, hereby grants to Grantee the real property (hereinafter referred to as the "Property"), described in Exhibit A, attached hereto and incorporated herein by this reference, along with a non-exclusive easement for vehicular and pedestrian ingress and egress over the real property of the Agency adjacent to the Property, as described in Exhibit B, attached hereto and incorporated herein by this reference, so as to allow ingress and egress to the four bus parking spaces and the building on the Property. Title to the Property is conveyed pursuant hereto subject to all recorded liens, encumbrances, covenants, encroachments, assessments, easements, leases and taxes. The Property is conveyed in accordance with the DDA, which document is a public record on file in the offices of the Grantor, and subject to that certain Notice of Right of First Refusal to Purchase of even date herewith. 990602 11087-00001 lj 1094754.4 (4) Page 1 of 4 , The Property is conveyed subject to the Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988. Until the repayment in full of the Agency Loan under the DDA and the Deed of Trust of even date herewith, the Property shall be used for a transportation center, restaurant and such other uses as are permitted by the Old Town Specific Plan. Grantee shall maintain the Property and the improvements thereon in a commercially reasonable first class condition and repair (and, as to landscaping, in a healthy condition) consistent with all applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. In addition, Grantee shall keep the Property and the improvements thereon free from any accumulation of debris or waste material. Grantee shall make all repairs and replacements reasonably necessary to keep the improvements in first class condition and repair and shall promptly eliminate all graffiti and move to replace dead and diseased plants and landscaping with comparable approved materials. Grantor shall maintain the easement described herein. The Grantee herein covenants by and for itself and its assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the Grantee or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. All deeds, leases or contracts from Grantee, or any successor or assign of Grantee, regarding the Property, shall contain nondiscrimination and nonsegregation clauses identical to those set forth in Section 33436 of the California Health and Safety Code as the same may now exist or hereafter be amended. No violation or Breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed or in any of the documents referred to above shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other security instrument permitted by the DDA and made in good faith and for value; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner's title was acquired by foreclosure, trustee's sale or otherwise, and shall be entitled to all the benefits granted to Grantee and its assigns hereunder. Grantor shall not declare an event of default with regard to any of the provisions of this Grant Deed, if after the Grantor shall serve written notice of such default upon the Grantee, the default is cured within 30 990602 11087430001 lj 1094754.4 (4) Page 2 of 4 10. 11. 12. 13. 14. days thereafter; provided, however, if such default is not reasonably curable with 30 days, then it shall not be a default if the party commences to cure such default within such 30 day period and thereafter diligently pursues to full and satisfactory completion the cure within a reasonable period of time not to exceed an additional thirty (30) days, provided that if the event of default shall involve the payment of money, then the applicable amount shall be paid within the initial 30 days after the notice. All covenants without regard to technical classification or designation shall be binding for the benefit of the Grantor, the City of Temecula ("City"), the Property, and the Project Area, and such covenants shall run in favor of the Grantor and City for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor or City is or remains an owner of any land or interest therein to which such covenants relate. The Grantor, in the event of any Breach of any such covenant, shall have the right to exercise all the rights and remedies, and to maintain any action at law or suits in equity or other proper proceedings to enforce the curing of such Breach. All covenants contained in this Grant Deed covenants running with the land and not as in forfeiture of title. shall be construed as conditions which might result None of the terms, covenants, agreements, or conditions heretofore agreed upon in writing in other instruments between the parties to this Grant Deed regarding obligations to be performed, kept or observed as to the Property after this conveyance of the Property shall be deemed to be merged with this Grant Deed until repayment of the Agency Loan. Only the Grantor, its successor, and assigns, and Grantee and the successor and assigns of Grantee in and to all parties of the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, easements, or other restrictions contained in this Grant Deed or to subject the Property to additional covenants, easements, or other restrictions without the consent of any tenant, lessee, easement holder, licensee, mortgage, trustee, beneficiary under a deed of trust or any other person or entity having an interest less than a fee in the Property. The covenants contained in this Grant Deed without regard to technical classification or designation shall not benefit or be enforceable by any person, or firm, or corporation, public or private, except Grantor and Grantee and their respective successors and assigns. The covenants contained herein shall remain in effect until December 31, 2030 except for the covenants against discrimination (contained in paragraphs 6 and 7), which shall remain in perpetuity. 990602 11087-00001 lj 1094754.4 (4) Page 3 of 4 IN WITNESS WHEREOF, the Grantor and the Grantee have caused this instrument to be executed on their behalf by their respective officers thereunder duly authorized, as of this day of , 1999. "GRANTOR" REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Karel F. Lindemans Chairperson ATTEST: Susan Jones Agency Secretary APPROVED AS TO FORM: By: Peter Thorson General Counsel The Grantee hereby accepts and approves each of the covenants, conditions and restrictions set forth in this Grant Deed. "GRANTEE" DUAL DEVELOPMENT, INC., a California corporation, By: Kathleen Dool President By: Edward Dool Vice President 990602 11087-00001 lj 1094754.4 (4) Page 4 of 4 State of California ) ) SS County of San Riverside ) On , 1999, before me, 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 of Notary State of California ) ) ss County of San Riverside ) On , 1999, before me, 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 of Notary 990602 1 I087-00001 lj 1094754.4 (4) Tha~ i:~tfon of I~ I of Tr~ Map 239?.3, a~ d~own by ~ on ~ h B~k ~ of Maps ~ p~ 21 ~u~h 23, R~o~ or ~ve~i~ Co~, C~oa ~~ ~ ~o~ows: Be-Ej;~-h~g at the most w~....~y comer o/' sa/d L~ 1; T'~n~ North 4.4' 2.5' 45" EazL along 5he northwe~rly line of said 0f I~,7.87 Thence So,,h 45~ 34' 15' East. a dj~tanc~ of 25.98 fc~v Thetee South ,~ 2.5' 45" Wen, a d/s/~nv~ of 18.33 ~ ,South ~,5· 3,0' 01' Ea~ a d;st~uc: of 2,21 fe~; Thenca Sc~ 05~ 4Y 17' West,, a d/s~nc~ of 35.51 feet; ~ce ,Sour~ 45' .30' 0 1 ' 5.st, a d/zmc~ of ~8.87 ~ ?aen~ Sorrth_ I4° 29' 59' West a d/sunc~ of 36.24 f~:~; South ,~,o 7.9' 59" We~ a dLsunce of 9.50 T'acn~ 5ou~h 45~ 30' O1" ~asr.. a distance of 11.62 feet to a point in the ~~y ~f-way ~ of5~ S~ ~ s~ on ~ ~: T'nen~ ,,%ua 44° ~ 43" We,~ ~ong said tilth[--of-way [in~, a d/srnnce of 43.98 TMn~ ..%nth 8.5' 53' 32' We, st along said tight-of-way l.b:¢. a ciist. azt~ of 22.69 feet to a pcinl Ln the nemhe:Lslefly rig~'t-of-~,ay LLnc of Front ~trc~ shev, m on said map; pP,.F_PAt~ED b'N'D ER .x, lY SU'PF_R. VISIO,N': Mattt~w E. Webb, L.S. 5529 Exhibit "B" Legal Description of Agency Parcel LOT 1 OF TRACT NO. 23925, AS SHOWN BY MAP ON FILE IN BOOK 209 PAGES 21, 22 AND 23 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. The remaining portion of Lot 1 (922-023-021), excluding the parcel (922-023-022), as described in Exhibit A. 990602 11087-001301 Ij 1094754.4 (4) Page 1 of 1 ST Attachment No. 4 PROMISSORY NOTE SECURED BY DEED OF TRUST TO THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR VALUE RECEIVED, the undersigned borrower ("Borrower"), hereby promise(s) to pay to the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic ("Agency"), or order, a principal amount not to exceed $288,000. This Note is made pursuant to the terms of that certain Disposition and Development Agreement dated June 8, 1999, a Notice of Right of First Refusal to Purchase of even date herewith, and a deed of trust (the "Agency Deed of Trust") of even date herewith given by the Borrower to the Agency for the purpose of securing this Note (collectively, the "Agency Agreements"). The Agency Agreements are public records on file in the offices of the Agency, and the provisions of these documents are incorporated herein by this reference. 1. This Note evidences the obligation of the Borrower to the Agency for the repayment of funds loaned to the Borrower by the Agency ("Agency Loan") to finance the acquisition of the real property described in the Agency Deed of Trust (the "Site"). The Agency Loan proceeds shall be use exclusively for that purpose. 2. The Agency Loan shall accrue interest as follows: $168,000 (the "Amortized Loan") of the principal of the Agency Loan shall accrue simple interest at the rate of seven and one-half (7.5) percent per year; and (b) $120,000 (the "Non- Amortized Loan") of the principal of the Agency Loan shall not accrue interest. 3. Commencing the fifteenth day of the first calendar month that commences after the Close of Escrow, and continuing monthly thereafter for a period of thirty (30) years, Borrower shall pay the sum of $1,174.68 to Agency. The monthly payments shall be applied to the Amortized Loan, principal and interest. 4. The Amortized Loan, principal and interest, and the Non- Amortized Loan, shall be due and payable immediately upon the occurrence of any of the following: a. Sale of the Site; b. Failure of Borrower to make any monthly payment of the Amortized Loan for a period of thirty days after the date due; c. Borrower encumbers the Site with any debt; or d. Default of Borrower of any of its obligations pursuant to the Agency Agreements, subject to the notice and cure provisions of Section 14. 5. All payments shall be in lawful money of the United States of America and paid at the office of Agency, located at 43200 Business Park Drive, P.O.Box 9033, Temecula, California 92589-9033, or at such other location as Agency may inform Borrower in writing. 990602 11087-00001 lj 1094754.4 (4) Page 1 of 3 6. Borrower shall be emitled to prepay all or any portion of the outstanding principal balance, without penalty, fees, or charges being assessed by Agency. 7. This Note shall be nonassignable by Borrower without the express, written consent of Agency, as evidenced by a resolution of the Agency Board, which consent Agency may give or withhold in its sole, absolute, and arbitrary discretion. 8. All notices required hereunder or by law shall be delivered by personal delivery or by United States Mail, prepaid, certified, return receipt requested. Notices personally delivered shall be effective upon receipt. Notices delivered by mail shall be effective at Noon on the second business day following deposit in the mail. Notices shall be delivered to the addresses, as follows (and changes in such addresses may be made by notice given in accordance with this paragraph): If to Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Telephone: (909) 694-6444 Facsimile: (909) 694-1999 Attn: Redevelopment Director If to Borrower: Dual Development Co. c/o James D. Turner, Esq. Attorney at Law 5000 East Spring Street, Suite 450 Long Beach, Ca. 90815-1270 Telephone: (562) 421-6333 Facsimile: (562) 421-6903 9. This Note shall be governed by and construed under the laws of the State of California. The parties agree that in any litigation between the parties arising out of this Note, the Municipal and Superior Courts of the State of California, County of Riverside, shall have exclusive jurisdiction. The prevailing party in any such litigation shall be entitled, in addition to whatever other relief is granted, reasonable attorney's fees and costs. 10. No waiver of any Breach, default, or failure of condition under the terms of the Note or Deed of Trust, or the obligations secured thereby, shall be implied from any failure of Agency to take, or any delay by the Agency in taking, action with respect to such Breach, default, or failure from any previous waiver or any similar or unrelated Breach, default, or failure; and a waiver of any term of this Note or the Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver. 11. Time is of the essence in this Note. 990602 11087-00001 lj 1094754.4 (4) Page 2 of 3 12. In the event that any term or provision of this Note is held to be unenforceable, the remainder of this Note shall remain in full force and effect to fullest extent without inclusion of the unenforceable term or provision. 13. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorney's fees, which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 14. Agency shall not declare an event of default with regard to any of the provisions of this Note, if after the Agency shall serve written notice of such default upon the Borrower, the default is cured within 30 days thereafter; provided, however, if such default is not reasonably curable with 30 days, then it shall not be a default if the party commences to cure such default within such 30 day period and thereafter diligently pursues to full and satisfactory completion the cure within a reasonable period of time not to exceed an additional thirty (30) days, provided that if the event of default shall involve the payment of money, then the applicable amount shall be paid within the initial 30 days after the notice. The Agency Board hereby directs and authorizes the Executive Director of the Agency to initiate foreclosure proceedings and diligently prosecute foreclosure to completion in accordance the terms of the Deed of Trust and with law, and without any further action by the Agency Board, in the event a default is not cured as provided in this section. "Borrower" DUAL DEVELOPMENT, INC., a California Corporation, By: Kathleen Dool President By: Edward Dool Vice President 990602 11087-00001 lj 1094754.4 (4) Page 3 of 3 State of California County of Riverside On , 19 a Notary Public, personally appeared , before me, personally known to me (or proved to me on the basis of satisfactory evidencei 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) State of California County of Riverside On , 19 , a Notary Public, personally appeared , before me, , 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) 990602 11087-00001 ~ 1094754.4 (4) Attachment No. 5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: FREE RECORDING REQUESTED (Gov't Code Section 6103) Redevelopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attn: City Clerk/Secretary WITH A COPY TO: Dual Development Co. c/o James D. Turner, Esq. Attorney at Law 5000 East Spring Street, Suite 450 Long Beach, Ca. 90815-1270 DEED OF TRUST With Assignment of Rents THIS DEED OF TRUST is made this , 1999, by and between DUAL DEVELOPMENT INC., a California corporation ("Trustor"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Trustee" and "Beneficiary"). Trustor grants, transfers, and assigns to Trustee in trust, upon the trusts, covenants, conditions and agreements and for the uses and purposes hereinafter contained, with power of sale, and right of entry and possession, all of Trustor's interest in that real property in the City of Temecula, Riverside County, State of California, described in Attachment No. A and incorporated herein by this reference; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, elevators and motors, bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerating plant and refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and 990602 11087-00001 ~ 1094754.4 (4) Page 1 of 6 Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and Together with all articles of personal property owned by the Trustor now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the building or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property") forever. FOR THE PURPOSE of securing performance of each agreement and covenant of Trustor herein or contained in that certain Notice of Right of First Refusal and Option to Purchase (the "Notice") of even date herewith, between Trustor and Beneficiary, and securing payment of indebtedness of the Trustor to the Beneficiary in the principal sum of Two Hundred Eighty Eight Thousand Dollars ($288,000), as evidenced by that certain promissory note (the "Note") of even date herewith. The Note and Notice (collectively, the "Agreements") are incorporated herein by reference and this conveyance shall secure any and all extensions, amendments, modifications or renewals thereof however evidenced. AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it will faithfully perform each and every convent contained in the Agreements; 2. That it will not permit or suffer the use of any of the Property for any purpose other than the use described in the Agreement. 3. That all rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor pursuant to the Agreements. Permission is hereby given to Trustor so long as no default exists hereunder, to collect such rents, profits and income for use in accordance with the provisions of the Agreement. 4. Beneficiary shall not declare an event of default with regard to any of the provisions of the Agency Agreements, if after the Agency shall serve written notice of such default upon the Trustor, the default is cured within 30 days thereafter; provided, however, if such default is not reasonably curable with 30 days, then it shall not be a default if the party commences to cure such default within such 30 day period and thereafter diligently pursues to full and satisfactory completion the cure within a reasonable period of time not to exceed an additional thirty (30) days, provided that if the event of default shall involve the payment of money, then the applicable amount shall be paid within the initial 30 days after the notice. In the event the default is not cured, Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property and operate the same and collect the rents, profits and income therefrom. 990602 l1087-00001 lj 1094754.4 (4) Page 2 of 6 5. That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as may be required from time to time by the Beneficiary, and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than 100 percent of the insurable value or not less than the unpaid balance of the insured Deed of Trust, whichever is less, and in default thereof the Beneficiary shall have the right to effect insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary and shall be deposited with the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on the Property or any part thereof which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust; 7. To keep the Property in good condition and repair, not to remove or demolish any buildings thereon unless authorized by the Agreements; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; not to permit or suffer any alteration of or addition to the buildings or improvements hereafter constructed in or upon the Property without the consent of the Beneficiary; 8. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear; 9. Should Trustor fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; 10. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the rate of the Eleventh Federal Reserve District Cost of Funds. 990602 11087-00001 lj 1094754.4 (4) Page 3 of 6 12. The Trustor further covenant that they will not voluntarily create, suffer, or permit to be created against the Property any lien or liens except as authorized by Beneficiary and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the construction or rehabilitation of any and all buildings now being constructed or rehabilitated or to be constructed or rehabilitated on the Property, or will cause the release of or will provide a bond against any such liens within 10 days of Trustor' receipt of notice of the lien or liens; 13. That the improvemems upon the Property, and all plans and specifications, comply with all municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT IS MUTUALLY AGREED THAT: 14. Should the Property or any pan thereof be taken or damaged by reason of any public improvemere or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be emitled subject to the rights of the holder of the first deed of trust to all compensation, awards, and other payments or relief therefor, and shall be emitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlemere, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, are hereby assigned to the Beneficiary subject to the rights of the holder of the first deed of trust. After deducting therefrom all its expenses, including attorney's fees, and if Trustor are not in default, Beneficiary shall apply all such proceeds to restoring the Property, or in the evem of Trustor' default or in the evem Trustor determine not to rebuild, the Beneficiary shall retain the proceeds to the extem of the amount of principal and imerest due under the Note. Any balance of such proceeds still remaining shall be disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor which is not cured as provided in Section 4, the Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the property to be sold, which notice Trustee shall cause to be duly filed for record and the Beneficiary may foreclose this Deed of Trust in the manner provided by law. Beneficiary shall also deposit with Trustee this Deed, the note and all documents evidencing expenditures secured hereby. The Agency Board hereby directs and authorizes the Executive Director of the Agency to initiate and diligently prosecute such remedies to completion without any further action by the Agency Board; 16. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by 990602 11087-00001 lj 1094754.4 (4) Page 4 of 6 public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to payment of (1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attorney's fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by Developer; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the note; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto"; 20. The trust created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future owner and holder including pledges, of the note secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee; 23. The Trustor request that a copy of any notice of default and of any notice of sale hereunder be mailed to it at: 990602 11087-00001 lj 1094754.4 (4) Page 5 of 6 Dual Development Co. c/o James D. Turner, Esq. Attorney at Law 5000 East Spring Street, Suite 450 Long Beach, Ca. 90815-1270 IN WITNESS WHEREOF the Tmstor has executed this Deed of Trust as of the day and year set forth above. "TRUSTOR" DUAL DEVELOPMENT, INC., a California Corporation, By: Kathleen Dool President By: Edward Dool Vice President 990602 11087430001 lj 1094754.4 (4) Page 6 of 6 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 1999, before me, the undersigned, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , 1999, before me, the undersigned, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. Signature 990602 11087-00001 lj 1094754.4 (4) Th. az p,xton of Lot I dTraa Map 239".5. ~s ~o~ by ~ on ~ ~ S~ ~ ~F fo~ows: Bc-gj:n-h.,g a~ ~ mest u,,=sr. eHy comer ofsaid L~x 1; The:ce Nor'J~ ,:t,4" 2J' 45' East. aEong the nofthw~terly ILne of.~.id Lot, a 4i~-o: of 147.~ .e~q ~c~ 5oath 45~' 34' 15" ~ ad~unce of 26.98 ~ ,Sct.tth ,:t,i.~= :2.5' 45" Wets't, a cl.i~c~ of 18.33 South .1.5" 2.0' 01' F~ a dismnc~ of 2.2I fe~: Theac~ 2o~"~ 05'~ 45' 17' West, a di.q~c~ of 35.51 ~ ,%~th ,ti"' .'t0' 01" P-'". a di.fanc~ of 68.87 ~ 'rk.-ece Sou:th i4" 29' 59' We:s.t. a t:th~ of 36.24 ~ ,~u~ ,~" 29' 59" West.. a distance of 9.50 fe~; South 45' 30' 01' East., a dLv~nce of 11.62 feet to .', point in the ~ghz-of-way ~ of 6tb Sin:r4 u show~ on said map: ~ ,Sea 44° 25' 43' West along said righ[-of-~tay LLu~, a di~_ne-e of 43.98 Tne~ .South 85° 53' 32" West Wong said right-of-way Ikt~. a ac~ of 22.69 'Them~ Nerth 45~ 30' 01 ' We~c a/ou8' s~jd riSi~t-of-way liz~, a ~z~,~.~ce of 134.92 eeeI ~ t.b¢ Poinz of t!h:ginnfng. :' F(.,~."~ ':" L / '- .~faah~w E W'cbb, L.5. 5529 Ch~tcc~ by: )w ~u. Attachment No. 6 RELEASE AND SETTLEMENT AGREEMENT This Release and Settlement Agreement ("Agreement") is entered into on June 8, 1999, by DUAL DEVELOPMENT INC., a California corporation ("Dual"), EDWARD DOOL and KATHLEEN DOOL (individually and both together, "Dool"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), for a good and valuable consideration, the receipt of which is hereby conclusively acknowledged, as follows: RECITALS A. Agency and Dual entered into that certain Ground Lease by and between the Redevelopment Agency of the City of Temecula and Dual Development Inc. dba Temecula Shuttle, dated March 13, 1996, and recorded on October 9, 1996 in the Official Records of Riverside County as Instrument No. 387921, as amended by that certain First Amendment to Ground Lease dated August 27, 1996 and recorded on October 9, 1996 as Instrument No. 387920, and by that certain Second Amendment to Ground Lease dated April 22, 1997 and recorded on June 9, 1997 as Instrument No. 202075 (as amended, the "Ground Lease"); B. Pursuant to the Ground Lease, Agency leased to Dual approximately 16,000 square feet of unimproved real property (the "Property"), located at Sixth and Old Town Front Streets in the City of Temecula, as more particularly described in the Ground Lease; and C. The parties entered into that certain Loan and Security Agreement by and between the Redevelopment Agency of the City of Temecula and Dual Development Inc. dba Temecula Shuttle, dated March 26, 1997, and recorded on April 16, 1997 in the Official Records of Riverside County as Instrument No. 128032 (the "Loan Agreement"); and D. Pursuant to the Loan Agreement, Agency agreed to loan Dual the principal amount of $100,000 for use in development of the Site, as evidenced by that certain Promissory Note executed by Dual in favor of Agency dated March 26, 1997 (the "1997 Note"); and E. Developer has had sole possession of the Site since October 9, 1996, and has caused to be constructed thereon a bus depot, McDonald's restaurant, and an automated teller machine; and F. Dual alleges that the Agency misrepresented certain matters pertaining to the business viability of the Old Town Area of the Redevelopment Plan and failed to complete a substantial redevelopment project in the Old Town Area causing Dual financial difficulties in meeting its obligations under the Loan Agreement and the Ground Lease. Dual also alleges the Agency fraudulently induced it to sell its property at 41953 Main Street to the Agency on this and other bases. G. Agency denies Dual's allegations and asserts that the Loan Agreement and Ground Lease are valid and binding obligations of the Agency and Dual and that Dual has been in default of its obligations under the Ground Lease and the Loan 990602 11087-00001 Ij 1094754.4 (4) Page 1 of 4 Agreement, which have now been cured. The Agency further asserts that its purchase of the property at 41953 Main Street was a valid purchase of real property from a sophisticated seller at fair market value. H. Litigation will result in expense and expenditure of time and effort by the parties. The parties desire to avoid the expense of litigation. I. After discussion and negotiation, the parties have decided to settle and compromise their differences in the manner prescribed by and set forth in that certain DISPOSITION AND DEVELOPMENT AGREEMENT CDDA") dated June 8, 1999, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, and DUAL DEVELOPMENT INC., a California corporation. The parties believe and intend that the DDA and the various actions and transactions it contemplates will provide a fair, equitable and permanent resolution of the dispute satisfactory to all concerned parties. H. As a condition of the DDA, the parties desire to enter into this Agreement in order to resolve the outstanding disputes between them, pursuant to the terms hereof. NOW THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby stipulated by and between the parties hereto that all claims, contentions, allegations, causes of action, possible causes of action and demands which are contained in, may arise out of, or which may in any way be connected with the Lease Agreement are to be compromised and settled, on the following terms: 1. Except for the obligations set forth herein, Dual, Dool, and the Agency do hereby mutually release and discharge the others, including each of their employees, partners, agents, representatives, attorneys, officers, elected officials, directors, shareholders, successors, predecessors, assigns and affiliated legal entities ("Representatives" or "Successors"), from any and all claims, causes of action or demands of any nature whatsoever, anticipated or unanticipated, known or unknown, which are contained in, may arise out of or be in any way connected with the Ground Lease, Loan Agreement, the 1997 Note, the sale of the property at 41953 Main Street to the Agency, and the acts or omissions of the Agency, its officers, employees or agency in connection with or in implementation of the such activities. 2. In addition, the parties hereto hereby specifically waive each and all of the provisions of Section 1542 of the California Civil Code which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 3. Dual and Dool have been represented by legal counsel prior to entering into this Agreement. The parties hereto execute this Mutual Release voluntarily, fully understanding its terms, with full knowledge of its significance and with the express intention of effecting the extinguishment of the obligations and claims arising out of or in connection with the matters specified in this Agreement. No party has been coerced in any way or has acted under any duress in entering into this 990602 11087-00001 lj 1094754.4 (4) Page 2 of 4 Agreement, and it has been prepared jointly by the efforts of counsel for Dual, Dool, and counsel for the Agency. 4. In making and executing this Agreement, the parties hereto do not rely and have not relied upon any statement or representation, oral or in writing, made by the other parties to this Agreement with regard to any of the facts involved in any dispute or possible dispute between them or with regard to any of their respective rights or asserted rights or with regard to the advisability of making and executing this Agreement. 5. The parties hereto hereby expressly assume the risk of any mistake of fact or that the true facts might be other than or different from the facts now known or believed to exist. 6. This Agreement is entered into by the parties to avoid the uncertain- ties, time and expense of litigation. It is not intended by any party hereto to constitute any admission or lack of merit in the claims of the other parties. 7. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 8. This Agreement shall be binding upon the heirs, administrators, executors, successors and assigns of the respective parties hereto and any affiliated legal entity of each of such parties. 9. This Agreement constitutes the entire agreement of the parties and supersedes all written or oral agreements that may have been made and entered into by the parties hereto prior to the date hereof. It may be amended, modified, supplemented or rescinded only by written agreement signed by all the parties hereto. 10. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and the counterparts shall together constitute one and the same Agreement, binding all parties hereto notwithstanding that all of the parties are not signatory to the original or same counterpart. 11. This Agreement and other documents referred to herein shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. 990602 110874111)1 lj 1094754.4 (4) Page 3 of 4 12. Each of the signatories to this Agreement is fully authorized and empowered to sign it. IN WITNESS WHEREOF, this Release and Settlement Agreemere has been executed as of the date and year first above written. DUAL DEVELOPMENT, INC., a California Corporation, By: Kathleen Dool, President By: Edward Dool, Vice President EDWARD DOOL KATHLEEN DOOL By: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Karel F. Lindemans Chairperson ATTEST: Susan Jones Agency Secretary APPROVED AS TO FORM: By: Peter Thorson General Counsel 990602 11087-00001 lj 1094754.4 (4) Page 4 of 4 State of California County of Riverside On , 19 a Notary Public, personally appeared , before me, personally known to me (or proved to me on the basis of satisfactory evidencei 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) State of California County of Riverside On , 19 a Notary Public, personally appeared , before me, personally known to me (or proved to me on the basis of satisfactory evidencei 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) 990602 11087-00001 ~ 1094754.4 (4) State of California County of Riverside On , 19 a Notary Public, personally appeared , before me, personally known to me (or proved to me on the basis of satisfactory evidencei 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) State of California County of Riverside On , 19 a Notary Public, personally appeared , before me, personally known to me (or proved to me on the basis of satisfactory evidencei 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 ~nstrument. WITNESS my hand and official seal. Signature (seal) 990602 1108%00001 lj 1094754.4 (4) State of California County of Riverside On , 19 a Notary Public, personally appeared , before me, personally known to me (or proved to me on the basis of satisfactory evidencei 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) State of California County of Riverside On , 19 , a Notary Public, personally appeared , before me, personally known to me (or proved to me on the basis of satisfactory evidence) io 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) 99(}602 11087-00001 lj 1094754.4 (4) Attachment No. 7 Recording Requested By and when recorded return to: Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589-9033 Attention: City Clerk/Secretary Exempt from recording fees pursuant to Government Code Sec. 6103 NOTICE OF RIGHT OF FIRST REFUSAL TO PURCHASE PROPERTY THIS NOTICE OF RIGHT OF FIRST REFUSAL TO PURCHASE PROPERTY (this "Notice") dated as of , 1999, is entered into between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic (the "Agency") and DUAL DEVELOPMENT INC., a California corporation ("Developer"), with reference to the following facts, understandings, and intentions of the parties: A. The parties entered into that certain Disposition and Development Agreement ("DDA") dated June 8, 1999 for purposes of redevelopment and to resolve the dispute described in the recitals to the DDA; and C. Pursuant to the DDA, Agency is conveying to Developer the real property legally described in Exhibit "A" , attached hereto and incorporated by reference (the "Site"), and making a loan (the "Agency Loan") in the amount of the purchase price of the Site; and D. The Agency Loan is evidenced by a promissory note (the "Agency Note") and secured by a deed of trust encumbering the Site (the "Agency Deed of Trust"), both of even date herewith. E. Agency's agreement to make the Agency Loan and convey the Site to Developer is conditioned on, and was induced by, Developer's agreement to grant to Agency the right but not the obligation to purchase the Site from Developer on the same terms and for the same price as any bona fide offer made to Developer to purchase the Site during the term of the Agency Loan; and F. Agency and Developer desire to execute this Agreement to provide constructive notice to all third parties of Agency's right of first refusal and the option to purchase. NOW, THEREFORE, the parties agree as follows: 990602 11087-00001 lj 1094754.4 (4) Page 1 of 4 1. Right of First Refusal to Purchase. Developer grants to Agency a right of first refusal to purchase the Site. The term of the Agency's right of first refusal to purchase commences on the date of this Agreement and shall end concurrently with the repayment in full of the Agency Loan. 2. Notice to Agency; Agency's Right of First Refusal to Purchase. a. Developer shall notify the Agency in writing not less than thirty (30) days prior to the proposed "Sale" (defined below) of the Site ("Notice of Intent"), accompanied by a copy of a bona fide offer to purchase the Site (the "Offer") and Developer's conditional acceptance, specifying all the terms of such Sale. In the case of any proposed Sale of the Site, Developer shall provide such notice not later than five (5) days after entering into any binding agreement for such a proposed Sale, and the Agency may require Developer and the proposed purchaser to certify in writing in a form that is reasonably acceptable to the Agency, that Developer and the proposed purchaser have not paid, have no agreement to pay and will not pay, to the other such party, or to any other person, any money or other consideration in addition to the consideration described in the written offer and conditional acceptance. b. Upon receipt of the Notice of Intent, the Agency shall have the right in its sole discretion, but not the obligation, to purchase the Site, or to cause the sale of the Site by Developer to a third party, for an amount equal to the amount set forth in the Offer and on the same terms and conditions as contained in such Offer. If the Agency decides to exercise its right to purchase the Site, it shall, within thirty (30) days after receipt of the Notice of Intent, notify Developer that it is exercising its right to purchase the Site in accordance with this Paragraph 2 by a written notice (the "Agency's Election"). c. If the Agency exercises its right to purchase the Site or to assign its right to a third party, the outstanding principal amount of the Agency Loan plus interest, due and payable to the Agency under the Promissory Note, shall be paid to the Agency in the form of a credit against the price to be paid by the Agency to Developer. An escrow shall be established to close within sixty (60) days after receipt of the Notice of Intent, and Developer's obligations under the Agency Loan and the Promissory Note shall be discharged at the closing. Developer shall pay for the premium cost of an CLTA Standard Coverage Policy of Title insurance in the amount of the purchase price to be issued to Agency, and one-half of the escrow fees and charges. At Agency's option, Agency (or the third party) may take title subject to the Loan, or Agency may require Developer to pay off the Loan. Any liens subordinate to the Loan shall be paid by Developer concurrently with the closing. Escrow shall close within 45 days after the opening thereof. Developer shall convey its interest in the Site by Grant Deed. d. In the event Agency fails to provide the Agency's Election in writing within thirty (30) days after receipt of the Notice of Intent, Developer shall be entitled to sell the Site to any third party, provided that the sales price is not less and the terms are no more favorable to the purchaser than the price and terms set forth in the Notice of Intent. In the event Developer sells the Site in accordance with this Paragraph, Developer shall be obligated to repay the Agency Loan in full prior to or at the close of escrow, together with any interest accrued thereon, as provided in the Promissory Note. f. For purposes of this Notice, "Sale" means any sale, transfer, assignment or conveyance of the Site, any portion thereof or interest therein, including, without limitation, any lease (except for a retail lease with a term of five years or less), 990602 11087-00001 lj 1094754.4 (4) Page 2 of 4 exchange, or other disposition of any interest in the Site, whether voluntary or involuntary, except that any transfer by gift, devise or inheritance to an existing spouse, surviving joint tenant, or a spouse as pan of a dissolution proceeding or in connection with marriage, or by devise or inheritance to children, shall not be considered a Sale for the purposes of this Notice. g. Agency's right of first refusal set forth in this Paragraph 2 shall terminate and be of no further force or effect upon the full repayment of the Agency Loan. 3. Notices. Except as otherwise expressly provided in this Notice, in every case when, under the provisions of this Notice, it shall be necessary or desirable for one party to serve any notice, request, demand, report or other communication on another party, the same shall be in writing and shall not be effective for any purpose unless served (a) personally, (b) by independent, reputable, overnight commercial courier, or (c) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, addressed as follows: To Developer: Dual Development Co. c/o James D. Turner, Esq. Attorney at Law 5000 East Spring Street, Suite 450 Long Beach, Ca. 90815-1270 Telephone: (562) 421-6333 Facsimile: (562) 421-6903 To Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Telephone: (909) 694-6444 Facsimile: (909) 694-1999 Attn: City Manager Either party may change its address for notice by giving written notice thereof to the other party. 4. Assignment. Except as expressly provided in the DDA, Developer's rights and obligations under this Notice the DDA shall not be assigned without Agency's prior written consent, which consent may be granted or withheld in Agency's sole and absolute discretion, and any assignment without this consent shall be void. 5. Successors and Assigns. This Notice shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns, subject, however, to the provisions of the DDA on assignment. 990602 11087-00001 lj 1094754.4 <4) Page 3 of 4 6. Governing Law. This Notice is governed by California law. IN WITNESS WHEREOF, the undersigned have executed this Notice of Right of First Refusal to Purchase Property at Temecula, California, as of the date first written above. "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Karel F. Lindemans Chairperson ATTEST: Susan Jones Agency Secretary APPROVED AS TO FORM: By: Peter Thorson General Counsel DUAL DEVELOPMENT, INC., a California Corporation, By: Kathleen Dool President By: Edward Dool Vice Presidem 990602 11087-00001 Ij 1094754.4 (4) Page 4 of 4 That portion of Lot I of Tract Map 23~..5, a.s shown by Map on ~/n noose 209 of Maps at pages 21 through 23, R~ords of Riverside County, Califarala. d~cribe~ as f01/ows: Be~-~'mnh~g at the n:/est ~y coraer ofsakt La 1; Thence North 4-4" 25' 45' Eazt. aloug the northwesterly line of said Lot, I47.87 · r/wnc~ Sou/.h45· 3-4.' 15' Eas~, adistanc~ o1:26.98 The'ace $outh,~-,~.': 2.5' 45' We:s't, a distanc~ af18.33 f~:t; ~ S~ttth 45'" 30' 01" Ea$:, a di~mc~ of 2.2I Tbenc~ Sonzh 05~ ~.5' I7" West, a d. iztaac~ 0f35.51 ~ ,South ,~5" .'SO' 01" East. a distaa~ of68.8"/~ h Sorrth i4~ 29' 59' Weft., a disua:: of 36.24 re~t; South. ,~,~ 29' 59' West.. a T~z:~ South 45° 30' O1' E:~t.. a disr. anc~ of 11.62 feet to a po~t in the ~~y d~f-way ~ of6~ S~ ~ s~ on ~d ~: Boa 44~ 2.5' 43' West along said fight-of-way Lin~, a dizu,ac-e of 43.98 'i'hea~ SousJa 85° 53' 32' We.s: ajong sa~cl r~ght..0f-way/.[ne. a ciLsunc~ of 22.fi9 fex:~ to a poirtt/.n the n~y rigir~-of-~-,ay [[me ofFrot~t S_tr-,~_-~ s/iowa on said ra~; Then~ North 45'" 30' O! ' We~t ,/ong sa~d rigitt-of-way l/.ne. a diz~ance of 13-,$.92 the Point ofl~gh'm/,ng. 0.37 acts. mor~ ,~r Igs~. P.~_.PA~'~ UNDER MY 5UFERvI~IO,N: .",.fan,~w E. Wcbb, L..S. State of California County of Riverside 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) State of California County of Riverside 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) 990602 11087-00001 ~ 1094754.4 (4) State of California County of Riverside 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) State of California County of Riverside 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) 990602 1108%00001 Ij 1094754.4 (4) COUNCIL RESOLUTION RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT, INC., DATED AS OF JUNE 8, 1999 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1- 1988 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On June 15, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. c. The project proposed by Dual Development ("Developer") pertains to property located at 28464 Old Town Front Street in the City of Temecula ("Site"), which is within the Project Area. The Agency and Developer have negotiated this the DDA in order to facilitate the project and assist in the implementation of the Plan. d. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, the Agency duly noticed and held a joint public headng before the Board of Directors of the Redevelopment Agency of the City of Temecula and the City Council of the City of Temecula concerning the approval of the proposed Disposition and Development Agreement with Developer (hereafter "DDA" or "Agreement"). Re~o~%99- 1 e. Pursuant to Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement has been prepared. This report contains the information required by Section 33433, and has been prepared within the time limit set forth therein and made available for public review from the date of the first publication of the notice of public headng. f. The sale of the Site as proposed by the Disposition and Development Agreement is at less than fair market value based on Agency appraisals and analysis but is at the fair reused value as required by law. Therefore, the Agency Board specif- ically finds in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sale pdca is not less than the fair reuse value of the Site; and (2) said difference is necessary to effectuate the provisions of the Plan, and the difference in value is necessary to strengthen occupancy and use of vacant and underutilized properties, retain new shopping and services within the Project Area, encourage the strengthening of property values and investment, and improve the sodal and economic dimate in the Project Area. g. The Agency and the City shall recoup the difference in value and fair reuse value by increasing tax increment revenues and sales tax revenues due to and directly attributable to this agreement. h. The development of the Site as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that continuation of project on the Site in an economically viable condition would continue the benefits of the project to the Project Area as originally envisioned by the Agency and would: (1) promote the preservation and enhancement of the Old Town Area in accordance with the goals and objectives of the Plan and the Old Town Spedtic Plan; (2) strengthen occupancy and use of vacant and underutilized properties in the Project Area; (3) retain new shopping and services within the Project Area; (4) encourage the strengthening of property values and investment; and (5) improve the sodal and economic dimate in the Project Area. i. The Agreement is consistent with the Implementation Plan adopted by the Agency. j. The Agency is spedtic. ally authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into this Disposition and Development Agreement. k. The City Coundl has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. I. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Relo~%99- 2 Section 2. The City Council of the City of Temecula hereby further finds, determines and declares that: a. The Agreement approved by this Resolution does not have the potential for resulting in a direct change in the physical environment and is, therefore not a project within the meaning of 14 Cal. Admin. Code Section 15378. The Agreement provides for the sale and financing of an existing building on the Site to the current lessee of the building and further requires that the current use of the Site be continued until the Agency's loan to the Developer is fully repaid. Some minor improvements will be made to the Site with Agency assistance but such improvements are othenNise exempt from CEQA under the exemption contained in 14 Cal. Admin. Code Section 15301. b. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified pdor to adoption of the Plan. Additionally an environment review was completed and certified in 1994 for the adoption of the Old Town Specific Plan. Moreover, the Agency action in March 1997 approving the lease and construction of the facility on the Site were reviewed in accordance with these provisions. Since the preparation and certification of that Envi- ronmental Impact Report, subsequent changes have not been proposed in the subject project or in the Plan and Specific Plan which will require important revisions of the previous EIRs due to the involvement of new significant environmental impacts which were not considered in the previous EIRs. Additionally, substantial changes have not occurred with respect to the circumstances under which the project has been under- taken which would require important provisions in the previous EIRs due to the involve- ment of significant environmental impacts not covered in the previous EIRs. Finally, no new information of substantial importance to the Project Area and the Specific Plan and the Environmental Impact Reports prepared for them has become available. Moreover, the mitigation measures proposed as part of the Environmental Impact Reports for the Plan and the Specific Plan have been included, where applicable, in the Project, and such mitigation measures are feasible and further mitigation measures are not required to address concems raised in the Environmental Impact Reports for the Plan and Specific Plan. Therefore, pursuant to the provisions of CEQA and, specifically, 14 CaI.Admin. 15162 and 15180, a subsequent Environmental Impact Report for the subject project is not required. c. The Board directs the Executive Director to file a Notice of Exemption with the County Clerk of the County of Riverside forthwith. Section 3. The City Council of the City of Temecula heraby approves that certain Disposition and Development Agreement entiUed "Disposition and Development Agreement Between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Dual Development, Inc." dated as of June 8, 1999, and authorizes the Agency to approve said Agreement in substantially the form submitted herewith, with such changes mutually agreed upon by the Developer and the Agency Executive Director as are minor and in substantial conformance with the form of such Agreement as have been submitted herewith. Reeo~g9- 3 Section 4. The City Coundl hereby approves the conveyance of the Property and the Easement, as described in Attachment No. 3 to the DDA, to the Redevelopment Agency of the City of Temecula pursuant to the authority of Health and Safety Code Sections 33220 and 33391, approves such cooperative agreements with the Agency as are necessary to effectuate the conveyance, and authorizes the City Manager to enter into such cooperative agreements with the Agency. Section 5. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the terms of this Resolution and to administer the Agency's obligations, responsibilities and duties to be performed under this Resolution and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. Section 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Coundl of the City of Temecula this 8~' day of June, 1999. ATTEST: Steven J. Ford, Mayor Susan W Jones, CMC City Clerk [SEAL] R~os~9- 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 99- was duly and mgulady adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Relol~9- 5 RDA RESOLUTION RESOLUTION NO. RDA 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT, INC., DATED AS OF JUNE 8, 1999 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1- 1988 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On June 15, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. c. The project proposed by Dual Development ("Developer") pertains to property located at 28464 Old Town Front Street in the City of Temecula ("Site"), which is within the Project Area. The Agency and Developer have negotiated this the DDA in order to facilitate the project and assist in the implementation of the Plan. d. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, the Agency duly noticed and held a joint public headng before the Board of Directors of the Redevelopment Agency of the City of Temecula and the City Council of the City of Temecula conceming the approval of the proposed Disposition and Development Agreement with Developer (hereafter "DDA" or "Agreement"). R__-ees__.RDA~99- I e, Pursuant to Health & Safety Code Section 33433, · comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement has been prepared, This report contains the information required by Section 33433, and has been prepared within the time limit set forth therein and made available for public review from the date of the first publication of the notice of public headng, f. The sale of the Site as proposed by the Disposition and Development Agreement is at less than fair market value based on Agency appraisals and analysis but is at the fair reused value as required by law. Therefore, the Agency Board specif- ically finds in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sale pdce is not less than the fair reuse value of the Site; and (2) said difference is necessary to effectuate the provisions of the Plan, and the difference in value is necessary to strengthen occupancy and use of vacant and underutilized properties, retain new shopping and services within the Project Area, encourage the strengthening of property values and investment, and improve the social and economic climate in the Project Area. g. The Agency and the City shall recoup the difference in value and fair reuse value by increasing tax increment revenues and sales tax revenues due to and directly attributable to this agreement. h. The development of the Site as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that continuation of project on the Site in an economically viable condition would continue the benefits of the project to the Project Area as odginally envisioned by the Agency and would: (1) promote the preservation and enhancement of the Old Town Area in accordance with the goals and objectives of the Plan and the Old Town Specific Plan; (2) strengthen occupancy and use of vacant and underutilized properties in the Project Area; (3) retain new shopping and services within the Project Area; (4) encourage the strengthening of property values and investment; and (5) improve the social and economic climate in the Project Area. i. The Agreement is consistent with the Implementation Plan adopted by the Agency. j. The Agency is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into this Disposition and Development Agreement. k. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. I. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Govemment Code Section 53511. R--~--.RDA~99- 2 Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby further finds, determines and declares that: a. The Agreement approved by this Resolution does not have the potential for resulting in a direct change in the physical environment and is, therefore not a project within the meaning of 14 Cal. Admin. Code Section 15378. The Agreement provides for the sale and finandng of an existing building on the Site to the current lessee of the building and further requires that the current use of the Site be continued until the Agency's loan to the Developer is fully repaid. Some minor improvements will be made to the Site with Agency assistance but such improvements are otherwise exempt from CEQA under the exemption contained in 14 Cal. Admin. Code Section 15301. b. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified pdor to adoption of the Plan. Additionally an environment review was completed and certified in 1994 for the adoption of the Old Town Spedtic Plan. Moreover, the Agency action in March 1997 approving the lease and construction of the fadlity on the Site were reviewed in accordance with these provisions. Since the preparation and certification of that Envi- ronmental Impact Report, subsequent changes have not been proposed in the subject project or in the Plan and Spedtic Plan which will require important revisions of the previous EIRs due to the involvement of new significant environmental impacts which were not considered in the previous EIRs. Additionally, substantial changes have not occurred with respect to the drcumstances under which the project has been under- taken which would require important provisions in the previous EIRs due to the involve- ment of significant environmental impacts not covered in the previous EIRs. Finally, no new information of substantial importance to the Project Area and the Spedtic Plan and the Environmental Impact Reports prepared for them has become available. Moreover, the mitigation measures proposed as part of the Environmental Impact Reports for the Plan and the Spedtic Plan have been included, where applicable, in the Project, and such mitigation measures are feasible and further mitigation measures are not required to address concerns raised in the Environmental Impact Reports for the Plan and Spedtic Plan. Therefore, pursuant to the provisions of CEQA and, spedtic. ally, 14 CaI.Admin. 15162 and 15180, a subsequent Environmental Impact Repod for the subject project is not required. c. The Board directs the Executive Director to file a Notice of Exemption with the County Clerk of the County of Riverside forthwith. Section 3. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain Disposition and Development Agreement entitled "Disposition and Development Agreement Between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Dual Development, Inc." dated as of June 8, 1999, with such changes mutually agreed upon by the Developer and the Agency Executive Director as are minor and in substantial conformance with the form of such Agreement as have been submitted herewith. The Chairperson of the Agency and the Secretary of the Agency are hereby authorized to execute and attest, respectively, the Agreement, including related exhibits and attachments, on behalf of the Agency. In such regard the Executive Director is authorized to cause the Chairperson and Secretary to execute the final version of the Resos. RDA~99- 3 Agreement after completion of any such non-substantive, minor revisions to said Agreement has been completed. A copy of the final Agreement when by the Agency Chairperson and attested by the Agency Secretary shall be place on file in the Office of the Secretary of the Agency. Section 4. Pursuant to the authority of Health and Safety Code Sections 33220 and 33391, the Agency hereby accepts the conveyance of the Property and the Easement from the City of Temecula with respect to this Project as set forth in Resolution No. 99- of the City Council of the City of Temecula, approves such cooperative agreements with the City as are necessary to effectuate the conveyance, and authorizes the Executive Director to enter into such cooperative agreements with the City. Section 5. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula this 8u' day of June, 1999. ATTEST: Karel F. Lindemans, Chairperson Susan W. Jones, CMC Agency Secretary/City Clerk [SEAL] Re~os. RDA'4t- 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby ceffify that the Resolution No. RDA 99- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on the 8u' day of June, 1999, by the following vote: AYES: NOES: ABSENT: AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Susan W. Jones, CMC Agency Secretary/City Clerk Re~oa. RDA~.99- 5 KMA RE-USE ANALYSIS AND 33433 REPORT KEYSER MARSTON 1660 HOTEL CIRCLE NORTH SUITE 716 SAN DIEGO, CALIFORNIA 92108 PHONE: 619 / 718-9500 FAX: 619 / 718-9508 E-MAIL: KMASD(~KMAINC.COM WEB SITE: HTTPJ/x~/W'N.KMAINC.COM ASSOCIATES INC. ,4 D FI$OR$ IN: REAL ESTATE REDEVELOPMENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT FISCAL IMPACT INFRASTRUCTURE FINANCE VALUATION AND LITIOATION SUPPORT To: From: Date: Subject: MEMORANDUM Shawn Nelson Acting City Manager City of Temecula Keyser Marston Associates, Inc. May 11, 1999 Property To Be Conveyed By the Agency to Dual Development, Inc./Reuse Analysis SAN DIgOo GERALD 1vf. TRIMBLE ROBERT I. WETMORE PAUL C. MARRA SAN FRANCISCO A. JERRY KEYSER TIMOTHY C. KELLY KATE EARLE FUNK DENISE E. CONLEY DEBBIE M. KERN M/d~.THA N, PACKARD CALVIN E. HOLLIS, II KATHLEEN H. HEAD JAMES A. RABE Keyser Marston Associates, Inc. (KMA) has been requested to review proposed agreements by and between the Redevelopment Agency of the City of Temecula (Agency) and Dual Development, Inc. (Dual) for the sale of real property in downtown Temecula. The agreements provide for a restructuring of business arrangements between Dual and the Agency as described below, including the sale in fee of about 10,000 square feet of land on the frontage along Front Street at Sixth Street and about 6,000 square feet of land that is used for bus parking. Together, these parcels are referred to below as the Property. Summary The results of our analysis, detailed in this memorandum, are the following: · The estimated total net compensation to be received by the Agency under the terms of the agreement is $193,000. · The Fair Reuse Value of the Property is $165,000. · The value of the Property at its highest and best use is $170,000. Background The Agency previously entered into a lease agreement and a loan agreement with Dual doing business as the Temecula Shuttle. To: Shawn Nelson, City of Temecula May 11, 1999 Subject: Temecula Shuttle/Reuse Analysis Page 2 The proposed agreements between the Agency and Dual constitute a restructuring of the business relationship between the parties. The basis for the restructudng is that the failure of the proposed Buffman entertainment center to materialize in downtown Temecula has resulted in economic difficulty for the project. Failure of the Temecula Shuttle would be contrary to the Agency's goals for downtown. Current contractual arrangements between the Agency and Dual are contained in a lease agreement and in a loan agreement. Key provisions of the current lease agreement (dated March 13, 1996, with two subsequent amendments) are as follows: · Thirty year term, commencing April 15, 1997 and ending April 14, 2027, with three 5-year options to extend. · Improvements become property of the Agency upon expiration or termination of the lease. · Base monthly rental of $1,400 per month. · Base rental increases of 8% after 5 years, with further increases at 5-year intervals. · "Deferred Rental" provision that includes (1) monthly rental during construction reduced to $700 per month; (2) rental payments not due until six months following occupancy; (3) deferred rental payments treated as 36 month loan, with monthly payment of $545. · Base rental and deferred rental payments began to be due on October 1, 1998. · Cross-referenced to loan agreement, so that default of the loan is also a default of the lease agreement. Key provisions of the loan agreement (dated March 26, 1997) are: · Loan amount of $100,000 to be used only for Temecula Shuttle facility. · Interest at the rate of 8.75%, which was the Prime Rate as of May 23, 1995. · Principal and interest payments begin six months from the issuance of a certificate of occupancy (due 9/25/98). · Loan payment amount of $955 per month. · Loan payment amount is amortized over a twenty year period, but is due and payable in full in five years (March 26, 20002). · Cross-referenced to lease agreement, so that default of the lease is also a default of the loan agreement. According to the Agency, Dual is currently in arrears in payment on both the land lease and the loan. The property that would be conveyed by the Agency consists of approximately 10,000 square feet of land improved with a 1,900 square foot building constructed by Dual in 1998 and 6,000 To: Shawn Nelson, City of Temecula May 11, 1999 Subject: Temecula Shuttle/Reuse Analysis Page 3 square feet of land that is used for bus parking. The building has two users, a McDonald's Express fast food restaurant and the Temecula Bus Stop, which contacts with Greyhound for a bus stop that was intended to be the hub for tour buses if the Buffman entertainment center had been built. McDonald's occupies 1,200 square feet of space and the Temecula Bus Stop occupies the balance. The improvements also include an ATM kiosk building that houses a Fallbrook National Bank ATM as well as both open and covered patios. There are also landscaped areas and a small area that includes a pay telephone, park bench and a picnic bench. The 6,000 square foot property would continue to be used by Dual for bus parking for the Temecula Shuttle. The proposed agreements do not provide for any change in use. Proposed Business Terms The business terms between the Agency and Dual am included in agreements that are now under consideration by the Agency. These terms provide for the following: 1. The Agency will sell the Property to Dual for $288,000. 2. The existing land lease and loan will be canceled. The Agency will take a note from Dual in the amount of $288,000; $168,000 of the note will bear interest at 7.5%, amortized over 30 years and $120,000 of the note will bear no interest and will be repaid only upon sale of the Property. The Agency will contribute $11,000 to further development of the Property. This amount will be paid upon presentation of invoices from contractors performing work on the Property within 12 months from the close of escrow. Dual may sell the Property for any use allowed in the Old Town Area under the Old Town Specific Plan or applicable zoning, provided, however, that if the net sales pdce is less than the amount of the outstanding balance of the Agency's note, the Agency board must consent to the sale. 6. The Agency has the right of first refusal on any sale of the Property. Compensation to Be Received By the Agency Compensation to be received pursuant to the proposed agreements would be the purchase pdce of $288,000, adjusted downward as follows: That portion of the note ($120,000) that bears no interest and would be repaid only upon sale of the Property has minimal economic value (say, $25,000) due to the highly contingent nature of future payment; therefore, the value of the note is discounted from $288,000 to $193,000. (Note: That portion of the note - $168,000 - that will be paid with interest is at a market rate of interest. Therefore, the compensation that would be received for that portion of the note is equal to the face amount of $168,000). To: Shawn Nelson, City of Temecula May 11, 1999 Subject: Temecula Shuttle/Reuse Analysis Page 4 From the foregoing, we conclude that the compensation that would be received by the Agency is $193,000. Estimate of Fair Reuse Value Fair Reuse Value is defined as the highest pdce in cash or its equivalent at which a property or development dght may be expected to transact for a specified use in a competitive and open market, subject to the covenants, conditions, and restrictions imposed by the agreement(s) between buyer and seller. There are two fundamental approaches to establish reuse value: The first is analysis based on the sale of comparable properties or development rights. VVhen comparable transactions exist and when relatively few adjustments are required to adjust the comparables to the subject, the approach based on comparable transactions can yield the more reliable indicator of value. The second method is an analysis based on the anticipated income characteristics for a specific project. Often, the income approach, also termed the residual value approach, proves more useful than the comparable sales approach due to the unique market setting, project characteristics, and specific requirements of the transaction that make the approach based on comparable transactions difficult or unfeasible to implement. In this analysis, we have employed both approaches as described below. Comparable Sales Approach Land transactions that have occurred in the local market provide a good basis upon which to form an opinion of value. The data upon which this analysis is based are contained in an appraisal by Robert Shea Perdue Real Estate Appraisal dated January 25, 1999 that was prepared for the Agency as part of the overall valuation/consultation assignment participated in by our firm. In all, fifteen comparable land sales were identified, ranging in price from $7.29 to $28.70 per square foot of land. The sales were reviewed in light of location, residual values of improvements, parcel size, access, site location, and conditions of sale. The sales included market activity within the Old Town neighborhood as well as activity on the east side of the I- 15 freeway between Rancho California and Winchester Roads. Based on review of these sales, we conclude that the value of the 10,000 square feet of frontage property is $120,000, or $12 per square foot of land. In addition, the value of the 6,000 square foot property that would continue to be used for bus parking is estimated at $8 per square foot of land (equals $50,000 rounded). The lower value per square foot for this portion of the Property reflects the lack of frontage and irregular shape of the parcel. Therefore, we conclude that the fair reuse value of the land that would be sold in fee and of the easement area would total $170,000. To: Shawn Nelson, City of Temecula May 11, 1999 Subject: Temecula Shuttle/Reuse Analysis Page 5 Land Residual Approach To crosscheck results of the sales comparison approach, we employed the land residual approach, in which the depreciated value of the improvements is deducted from the total property value to yield an estimate of the residual attributable to land. To derive the value of the improved property, we estimated the market value of the leases for the property, deducted an allowance for vacancy and expenses, and then capitalized the results into a value estimate. The result of the analysis is that $40,000 in gross income from market rate leases less vacancy, expenses, and reserves of 10% yields net operating income of $36,000 per year. Capitalized at 9.0%, the indicated value of the improved property is $400,000. The cost to develop the improvements, including an allowance for entrepreneurial profit, is estimated at $240,000. (Note: This estimate excludes $65,000 that was expended for the project by the Agency for site work). Therefore, the amount attributable to land value is $160,000. Conclusion/Fair Reuse Value The analysis described above indicated a value estimate based on the Comparable Sales Approach of $170,000 and a value based upon the Residual Approach of $160,000. We conclude that the Fair Reuse Value of the interest that would be conveyed by the Agency is $165,000, reflecting equal reliance on the two approaches noted above. Fair Market Value at Highest and Best Use Section 33433 of the California Community Redevelopment Law requires that redevelopment agencies estimate the fair market value of the Property at is highest and best (most profitable) use. The highest and best use is the use of the Property that generates the highest property value. By definition, the highest and best use is that use which is physically possible, financially feasible, and legally permitted. Typically, the analysis of fair market value at highest and best use does not consider the specific transaction or development concept but rather the most profitable use that is consistent with the Redevelopment Plan or other governing land use regulations. The purpose of the analysis is to disclose the maximum sales pdce that the Agency could achieve if it were to offer the subject property or development dght on the open market, irrespective of the Project. In respect to the Subject, the following apply: Physical feasibility. It appears that the land is physically capable of accommodating a range of urban land uses. The Property is level and above street grade. It is not located in a flood plain or in an earthquake special studies zone, utilities appear to be available, and soils appear adequate. Location and access are excellent but the Property is irregularly configured. Financial feasibility. It appears that the Property could support a range of commercial uses. Regulatory feasibility. The Property is located within the Old Town Specific Plan area and is zoned TRC, Toudst Resort Core. This designation is generally applicable to small businesses To: Shawn Nelson, City of Temecula May 11, 1999 Subject: Temecula Shuttle/Reuse Analysis Page 6 occupying no more than 5,000 square feet. Typical uses are gift shops, restaurants, small hotels, bed and breakfasts, jewelry shops, art galleries, and similar uses. In sum, it appears that a vadety of commercial uses could be accommodated. The value at highest and best use is established through evaluation of sales of comparable land parcels. That evaluation was described above in the discussion of Fair Reuse Value; in this instance, the Fair Reuse Value and value at highest and best use are identical. A key factor in this determination is that in the analysis of Fair Reuse Value presented above, the income (residual approach) that reflects the actual development yielded neady the same result as the analysis based on comparable sales. We therefore conclude that the value of the dghts in real property that would be conveyed by the Agency is $170,000. SUMMARY REPORT PERTAINING TO THE SALE OF REAL PROPERTY (California Community Redevelopment Law Section 33433) PURSUANT TO A PROPOSED DISPOSTION AND DEVELOPMENT AGREEMENT Between: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA And: DUAL DEVELOPMENT, INC. Prepared by: KEYSER MARSTON ASSOCIATES, INC. For: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA May 24, 1999 SUMMARY REPORT PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY 1. INTRODUCTION The Redevelopment Agency of the City of Temecula, Califomia (Agency) is considering the sale of real property to Dual Development, Inc. (Purchaser) pursuant to agreements between the Agency and the Purchaser. This Summary Report is prepared in accordance with Section 33433 of the California Community Redevelopment Law. The summary consists of seven sections, as follows: Section 1: Section Ih Section IIh Section IV: Section V: Section Vh Section VII: Introduction Description of the Proposed Agreement Estimated Cost to be incurred by the Agency Pursuant to the Proposed Agreements Estimated Value of the Property at the Highest and Best Use Estimated Fair Reuse Value of the Interest to Be Conveyed Compensation To Be Paid By the Purchaser Explanation of Why the Sale of the Property Will Assist in Elimination of Blight Findings in respect to Sections IV, V, and VI, above, are summarized from a reuse analysis that has been separately provided to the Agency by this office. Page 2 II. DESCRIPTION OF THE PROPOSED AGREEMENT Proposed Transaction The Agency previously entered into a lease agreement and a loan agreement with Dual doing business as the Temecula Shuttle. The proposed agreements between the Agency and Dual constitute a restructuring of the business relationship between the parties. The basis for the restructufing is that the failure of the proposed Buffman entertainment center to materialize in downtown Temecula has resulted in economic difficulty for the project. Failure of the Temecula Shuttle could be contrary to the Agency's goals for downtown. The business terms between the Agency and Dual are included in agreements that are now under consideration by the Agency. These terms provide for the following: 1. The Agency will sell the Property to Dual for $288,000. o o The existing land lease and loan will be canceled. The Agency will take a note from Dual in the amount of $288,000; $168,000 of the note will bear interest at 7.5%, amortized over 30 years and $120,000 of the note will bear no interest and will be repaid only upon sale of the Property. The Agency will contribute $11,000 to further development of the Property. This amount will be paid upon presentation of invoices from contractors performing work on the Property within 12 months from the close of escrow. Dual may sell the Property for any use allowed in the Old Town Area under the Old Town Specific Plan or applicable zoning, provided, however, that if the net sales price is less than the amount of the outstanding balance of the Agency's note, the Agency board must consent to the sale. 6. The Agency has the dght of first refusal on any sale of the Property. B. Developer Responsibilities It is the responsibility of the Developer to implement all aspects of any future development activity on the property apart from those responsibilities of the Agency enumerated above, and maintain and operate the improvements thereon. Page 3 III. ESTIMATED COST TO BE INCURRED BY THE AGENCY UNDER THE PROPOSED AGREEMENT Total Agency Costs Costs to the Agency related directly to the contemplated agreements with the Purchaser reflect both the terms in the recently negotiated transaction and the terms of the land lease and loan that are presently in place with Dual. In respect to the land lease, the value of that obligation to the Agency is the present value of the income stream from the lease and the value of the reversion of the property to the Agency at the end of the lease term. The former is estimated at $176,000 (rounded); the latter at $5,000, for a total of $'r81,000. In respect to the loan, based on calculations provided to us by the Agency, as of February 1999, the outstanding balance on the loan was $107,300 (rounded). As the loan is essentially at a market rate of interest, the present worth of future payments of principal and interest is equal to the outstanding balance. (Note: Although scheduled payments on the loan were deferred until six months from the date of the issuance of the Certificate of Occupancy, interest on the note accumulated from the date of disbursement; therefore, the deferral of payments did not represent forgiveness of a portion of the borrower's obligation). The sum of the present worth of the land lease and the loan is $288,000, which would be foregone as a result of the contemplated agreements. In addition, the Agency has incurred costs estimated at $30,000 for legal, appraisal, and economic consulting in respect to the proposed agreements. From the foregoing, the total cost to the Agency is estimated at $318,000. B. Net Aqency Costs An offset to the costs to the Agency noted above is the compensation that would be received by the Purchaser pursuant to the business terms. As described in Section VI, the payment by the Purchaser for the Property is estimated to total $193,000 in present dollars. Therefore, after deducting the compensation that would be received by the Agency from Agency costs, the net cost to the Agency is estimated at $125,000. C. Economic Gap The terms of the contemplated agreement between the Agency and the purchaser represent the restructuring of an existing transaction whereby present obligations of the Purchaser totaling $288,000 will be replaced by payments to the Agency totaling $193,000, for a benefit to the Purchaser of $95,000. Page 4 Reduction of the financial obligations of the Purchaser are required in order for the Purchaser to have a cost basis in the real estate that is financially feasible. The following are the estimates upon which this conclusion is based: As indicated in the reuse analysis prepared by this office, the total market value of the developed property is $380,000 based on evaluation of market rate leases, expenses, and capitalization rate for the property. · The value of the Agency's position (sum of loan principal and lease obligation) in the property is $288,000 pdor to restructudng as contemplated in the agreements. The Purchaser's position in the property pdor to restructudng is the difference between the value in fee and the Agency's position, or $92,000. This is the economic value of the Purchaser's position pdor to restructuring. The investment that was required to construct the improvements totals $318,000. Therefore, the required investment of $318,000 exceeds the economic value of $199,000 by $120,000 (rounded). This is the magnitude by which the cost basis of the Purchaser needs to be reduced in order for the Purchaser's development to be feasible, and what is generally accomplished in the proposed transaction. Page 5 IV. ESTIMATED VALUE OF THE PROPERTY AT HIGHEST AND BEST USE Section 33433 of the California Community Redevelopment Law requires that redevelopment agencies estimate the fair market value of the Property at is highest and best (most profitable) use. Typically, the analysis of fair market value at highest and best use does not consider the specific transaction or development concept but rather the most profitable use that is consistent with the Redevelopment Plan or other goveming land use regulations. The Property that would be conveyed to the Purchaser consists of approximately 16,000 square feet of land. The highest and best use is the use of the Property that generates the highest property value. By definition, the highest and best use is that use which is physically possible, financially feasible, and legally permitted. The purpose of the analysis is to disclose the maximum sales pdce that the Agency could achieve if it were to offer the subject property or development dght on the open market, irrespective of the Project. In respect to the Subject, the following apply: Physical feasibility. It appears that the land is physically capable of accommodating a range of urban land uses. The Property is level and above street grade. It is not located in a flood plain or in an earthquake special studies zone, utilities appear to be available, and soils appear adequate. Location and access are excellent. Negatively, the Property is irregularly shaped. Financial feasibility. It appears that the Property could support a range of commercial uses. Regulatory feasibility. The Property is located within the Old Town Specific Plan area and is zoned TRC, Toudst Resort Core. This designation is generally applicable to small businesses occupying no more than 5,000 square feet. Typical uses are gift shops, restaurants, small hotels, bed and breakfasts, jewelry shops, art galleries, and similar uses. In sum, it appears that a variety of commercial uses could be accommodated. The value at highest and best use is established through evaluation of sales of comparable land parcels in the market area. Our evaluation of land sale activity in the market area has led to the conclusion that the value of the Property at highest and best use is $120,000 ($12 per square foot of land) for the frontage parcel and $50,000, which is equivalent to $8/SF (rounded) for the parking area We have therefore concluded that the value of the dghts in real property that would be conveyed by the Agency is $170,000. Page 6 VI. SALES PRICE THAT THE PURCHASER WILL BE REQUIRED TO PAY The business terms between the Agency and the Purchaser are included in agreements that are now under consideration by the Agency. These terms provide for the following: · The Agency will sell the Property for $288,000. · The existing land lease and loan will be canceled. The Agency will take a note from the Purchaser in the amount of $288,000; $168,000 of the note will bear interest at 7.5%, amortized over 30 years and $120,000 of the note will bear no interest and will be repaid only upon sale of the Property. The Agency will contribute $11,000 to further development of the Property. This amount will be paid upon presentation of invoices from contractors performing work on the Property within 12 months from the close of escrow. The Purchaser may sell the Property for any use allowed in the Old Town Area under the Old Town Specific Plan or applicable zoning; provided, however, that if the net sales pdce is less than the amount of the outstanding balance of the Agency's note, the Agency board must consent to the sale. The Agency has the dght of first refusal on any sale of the Property. Compensation to be received by the Agency pursuant to the proposed agreements would be the purchase pdce of $288,000, adjusted downward as follows: That portion of the note ($120,000) that bears no interest and will be repaid only upon sale of the Property has minimal economic value (say, $25,000) due to the highly contingent nature of future payment; therefore, the value of the note is discounted from $288,000 to $193,000. (Note: That portion of the note - $168,000 - that will be paid with interest is at a market rate of interest. Therefore, the compensation that would be received for that portion of the note is equal to the face amount of $168,000). From the foregoing, we conclude that the compensation that would be received by the Agency is $193,000. Page 8 VII. EXPLANATION OF WHY SALE OF THE PROPERTY WILL ASSIST IN ELIMINATION OF BLIGHT The Project Area is characterized by an array of blighting factors, including: · Obsolescence, deterioration, mixed character or shifting uses of existing buildings. · Presence of lots of irregular form and shape, and inadequate size for proper usefulness and development. · Existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by the private sector acting alone. · A prevalence of depreciated values, impaired investments, and social and economic maladjustment. · Defective design in the character and physical condition of existing buildings. Not all of these conditions are present in all portions of the Project Area. Moreover, the Agency's redevelopment efforts have successfully alleviated some blighting conditions in the Project Area. However, many of these conditions are still apparent in the area proximate to the subject Property. Implementation of the proposed agreement can be expected to assist in the alleviation of blighting conditions through the following: · Strengthened occupancy and use of vacant and underutilized properties. · Retention of new shopping and services within the Project Area. · Encouragement of strengthened property values and investments. · Improved social and economic climate. Page 9 ITEM 19 APPROVj~ CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager June 8, 1999 Appeal of the Planning Commission's Approval of Planning Application No. PA98- 0219 (Conditional Use Permit) - Cox Communications wireless Personal Communications System (PCS), with antennas mounted atop a 60-foot high monopole disguised as an evergreen pine tree ("monopine") at the Rancho California Water District water tank site at 3100 Rancho California Road Prepared by: Carole K. Donahoe, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1. Adopt the Notice of Exemption for Planning Application No. PA98-0219; 2. Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT)TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. R:\STAFFRP'P,219pa98.CC STAFFRPT-Appeal 6-8-99.doc 1 BACKGROUND: The City Council continued this item from their May 25, 1999 agenda at the request of the applicant to have Councilman Roberts present during the hearing. Staff received a copy of correspondence from Southern California Edison dated May 20, 1999, which is attached, indicating that it would not be possible for Cox Communications to install antennas on SCE equipment in the vicinity. There are no other changes to the staff report distributed for the May 25, 1999 hearing, and staff refers you to that document for further information at this time. R:\STAFFRP'I~219pa98.CC STAFFRPT-Appeal 6-8-99.doc 2 A'R'ACHMENT NO. 1 CITY COUNCIL RESOLUTION NO. 99- \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRp'I-~.19pa98.CC STAFFRPT-Appeal 5-25-99.doc 5 ATTACHMENT NO. 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. WHEREAS, Cox Communications PCS, L.P. filed Planning Application No. PA98-0219, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0219 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director considered Planning Application No. PA98-0219 on November 12, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the Planning Commission considered Planning Application No. PA98-0219 on December 16, 1998 and January 6, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application No. PA98-0219; WHEREAS, the City Council conducted public hearings pertaining to Planning Application No. PA98-0219 (Conditional Use Permit - Appeal) on February 9, 1999, April 13, 1999, May 25, 1999 and June 8, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA98-0219; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Reports regarding Planning Application No. PA98-0219; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:\STAFFRP'r~219pa98.CC STAFFRPT-Appeal 6-8-99.doc 3 Section 1. Findings. That City Council, in denying Planning Application No. PA98-0219 (Conditional Use Permit - Appeal) and upholding the Planning Commission's decision approving Planning Application No. PA98-0219 (Conditional Use Permit) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; A. The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non- residential land use designations. The existing Pacific Bell installation and water tanks at the site provide such an area. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree and has provided six Italian Pine trees, 48" box in size, on both the north and south slopes of the site, to assist in the disguise of the "monopine." D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result, several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Study and after study concluded that there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of environmental effects. The City Attorney has recommended that the project be conditioned to provide annual evidence of recertification by the FCC, in order to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9 has been included to require-this. E. The decision to approve, conditionally approve, or deny the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the City Council. Section 2. Environmental Compliance. The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class I (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing, in order to provide telecommunications service. R:\STAFFRPT'~I 9pa98.CC STAFFRPT-Appeal 6-8-99.doc 4 Section 3. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA98-0219 (Conditional Use Permit) to construct a wireless Personal Communications System (PCS) facility consisting of twelve (12) panel antennas, one (1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a Base Transceiver Station (BTS) unit and other electronic and battery equipment. The antennas will be mounted atop a 60- foot high monopole, disguised as an evergreen pine tree ("monopine") located at the Rancho California Water District water tank site at 3100 Rancho California Road, and known as Assessor's Parcel No. 953-060-022, and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify the adoption of this Resoluiion. Section 5. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 8th day of June, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\STAFFRP'R219pa98.CC STAFFRPT-Appeal 6-8-99.doc 5 EXHIBIT A CONDITIONS OF APPROVAL \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~?.19pa98.CC STAFFRPT-Appeal 5-25-99,doc 9 CITY OF TEMECULA CONDITIONS OF APPROVAL Revised by City Council June 8, 1999 Planning Application No. PA98-0219 (Conditional Use Permit) Project Description: A Conditional Use Permit to construct and operate an unmanned telecommunications PCS facility, at the Rancho California Water District tank site, 3100 Rancho California Road, consisting of: Throe (3) four-antenna arrays mounted onto a new 60-foot high monopole disguised to look like an evergreen tree Cmonotree") A ground-mounted Base Transceiver Station (BTS) within equipment cabinets behind a six-foot high chain link fence with barbed wires above and with vinyl slat inserts (color to match existing water tanks) 3. An 18-inch high GPS antenna mounted to the BTS power cabinet. Assessor's Parcel No. Approval Date: Expiration Date: 953-060-022 June 8, 1999 June 8, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The applicant and owner of the roal property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal R:\STAFFRPT~.I 9pa98.CC STAFFRPT-Appeal 6-8-99.doc 7 board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. o This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial Planning construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by the approval. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. The development of the premises shall conform substantially with Exhibit "A" Site Plan, Exhibit "B" Elevations, Exhibit "C" Equipment Layout, and Exhibit "D" Details approved with Planning Application No. PA98-0219, or as amended by these conditions. Prior to the Issuance of a Building Permit: The applicant shall submit for review and approval by the Planning Manager a revised elevation of the proposed mortopine that shows additional limbs disbursed throughout the height of the pole, starting at 20 feet from the base, and which taper as the limbs approach the highest point. The applicant shall submit for review and approval Construction Landscape and Irrigation Plans. Three (3) Italian Stone Pine trees shall be installed at a minimum of 36" 48" boxed size, on the north side of the site in accordance with approved plans, and on the south side of the site. The applicant shall submit a revised plan that locates the three trees on the south side of the site to the Planning Manager for review and approval prior to installation. (Amended by City Council, April 13, ~999) 10. All electrical wiring associated with the antenna shall be buried underground or hidden in a manner acceptable to the Building Official. 11. The antenna must be adequately grounded, for protection against a direct strike of lightning, with an adequate grounding method approve by the City of Temecula Building Official. 12. Installation must meet wind velocity criteria as set forth in the Uniform Building Code when deemed necessary by the City of Temecula Building official. Prior to the Issuance of a Certificate of Occupancy: 13. The applicant shall replace any landscaping removed or damaged during the installation of equipment. R:\STAFFRPT~.I 9pa98.CC STAFFRPT-Appeal 6-8-99.doc 8 14. The applicant shall submit to the Planning Manager a copy of the annual recertification document issued by the Federal Communications Commission (FCC) that ensures compliance of the project with its standards and regulations. 15. The applicant shall periodically refurbish or paint as necessary to maintain the color and texture of the monopine as originally approved by the Commission. DEPARTMENT OF BUILDING AND SAFETY 16. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 17. Submit at time of plan review complete exterior site lighting plans for any new fixtures in compliance with Ordinance No. 655 for the regulation of light pollution. 18. Obtain all building plan and permit approvals prior to commencement of any construction work. 19. The Occupancy classification of the proposed buildings shall be U. 20. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 21. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 22. Provide electrical plan including load calcs and panel schedule for plan review. OTHER AGENCIES 23. The applicant shall comply with the requirements of the Rancho California Water District, as noted in their correspondence dated June 9, 1998 attached. 24. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as noted in their correspondence dated June 19, 1998 attached. 25. The applicant shall comply with the requirements of the Riverside County Department of Environmental Health, as noted in their correspondence dated June 2, 1998 attached. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these Conditions of Approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date R:\STAFFRP'I'~I 9pa98.CC STAFFRPT-Appeal 6-8-99.doc 9 ATTACHMENT NO. 2 CORRESPONDENCE DATED May 20, 1999 FROM SOUTHERN CALIFORNIA EDISON R:\STAFFRPT~219pa98.CC STAFFRPT-Appeal 6-8-99.doc 10 It4ednesday May, 26, 1999 12:56pm -- Page 21 PIclY-26-1999 12: ~ ~ An EDISO,'v r.~rFE, gd%~4TTON,4L~ COmpny · May 20, 1999 Greg Morrison Stoorza, Ziegaus & Metzger 3403 Tenth Avenue Suite 810 Riverside~ Ca. 92501 TO Re: Antenna Attachment, Greg, , Southern Califomia Edison (SCE) has reviewed your request date~l May 6, 1999, regarding the installation of antenna panels on SCE poles in the P-~ncho Caiifomia Road and Meadows Parkway area of Temecula for Cox Communication. After consulting with Jerry Foster, SCE Transmission Estimator, it has b~-"cn determined that SCE has no poles that would provide the necessa~ height that Cox Communication would need to provide signal coverage. The poles in the area are about 70' above ground which is considerable less than the required 85': above ground. . ; Safety is a vital issue for SCE, the safety of maintenance workers Who may need to work on.the antennas as well as our own employee's while performing their own duties is a concam. These structures cam/115.000 volts of electricity and 0nly qualffied electrical workers are allowed to operate within certain defined dislances of these conductors. This type of installation could also:affect SCE's . seWice ~lial3ility tO our customers and create potential outages that wouffi ......... :impact Temecula residents. Therefore, it is with regret that i inform you that it will not be possible for Cox Communication to install these antenna's on SCE equipment, tf you have any other questions please give me a call at 909-928-8208. Region Manager 26100'Me~i/ee Rcl. Ro~x~land, CA 92585 · (909) 928-8208 FaX (909) 923-830g TOTIlL P. 02 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manage~ May 25, 1999 Appeal of the Planning Commission's Approval of Planning Application No. PA98- 0219 (Conditional Use Permit) - Cox Communications wireless Personal Communications System (PCS), with antennas mounted atop a 60-foot high monopole disguised as an evergreen pine tree ("monopine") at the Rancho California Water District water tank site at 3100 Rancho California Road Prepared by: Carole K. Donahoe, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1. Adopt the Notice of Exemption for Planning Application No. PA98-0219; 2. Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT)TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATI'ERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRpT~219pa98.CC STAFFRPT-Appeal 5-25-99.doc 1 BACKGROUND: The City Council heard the appeal of the Planning Commission's decision on this case on February 9, March 23, and April 13, 1999. At the last hearing, the Council directed staff to review the topographic maps with Mr. Shawn Bierle, and to obtain a second opinion from an expert as to an alternate location. Staff contacted Mr. Bierle and received wdtten correspondence on April 23, 1999 along with alternate locations noted on topographic maps. Staff met with the applicanrs representative, Mr. Greg Morrison, on April 26, 1999, to determine the feasibility of these sites. Mr. Mordson and the Cox Communications Radio Frequency Engineer studied all. the listed sites. Mr. Morrison also contacted the individual property owners involved. The results of his work was. submitted on May 5, 1999 by memorandum. At the direction of the Council, staff obtained the services of AEI-CASC Engineering to provide a second opinion regarding the alternate sites. Staff met with Mr. Richard Stephens REA, the Planning Director of AEI-CASC, on May 7, to review the case file, all exhibits and the maps from Mr. Bierle. A follow-up meeting occurred on May 11, to provide additional information, before Mr. Stephens conducted his site visits. AEI-CASC issued their opinion on May 13, 1999. ANALYSIS: The AEI-CASC report is attached, along with the Telecommunications Bio for Mr. Stephens. In summary, the report concludes that the proposed site and project is the best ' alternative in both location and design. A co-location approach with the existing Padtic Bell monopole at the proposed site was considered. However, the existing monopole is not constructed for co-location and a new monopole would necessarily require the construction of a pole higher than the 60-foot pole proposed by Cox, and the cooperation of Pacific Bell to agree to co-location. With approvals already granted, it is unlikely that Pac Bell would share in the cost or risk interruption of service. Furthermore, there was testimony from adjacent residents on Merlot Crest that they would not support this option either. AEI-CASC indicated that Cox could rework their network configuration to avoid the proposed site. However, that would require poles at more than one site. The proposed "triangle" would be replaced by a '!rectangle" or other polygon network and impact more sites. This alternative would be inefficient, costly, and promote the proliferation of poles. AEI-CASC made findings similar to those recommended to the Commission and Council by Planning Department staff. Tree Species The Council expressed some concern about the Italian Stone Pines as the species of choice to camouflage the monopole. In July of 1998, during the redesign phase of this project, staff worked closely with the applicant's representative as well as the City's Landscape Architect, to select a tree suitable for the area, the availability of the species at nearby nurseries at the size that will provide instant camouflage, its ability to withstand transport and harsh conditions, and the ability of Cox to manufacture simulated limbs. Considering all these factors staff requested the applicant to use the Italian Stone Pine. \\TEMEC_FS201\DATA\DEPTS~PLANNING\STAFFRPT~219pa98.CC STAFFRPT-Appeal 5-25-99.doc 2 FISCAL IMPACT: Negligible, either with or without the project. SPECIFIC ACTION: The Planning Department recommends the City Council deny the appeal and uphold the approval of Planning Application No. PA98-0219. Approval of the project is based upon the following findings: FINDINGS: The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non-residential land use designations. The existing Pacific Bell installation and water tanks at the site provide such an area. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree and has provided six Italian Pine trees, 48" box in size, on both the north and south slopes of the site, to assist in the disguise of the "monopine." The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result, several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Study and after study concluded that there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As 'part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of environmental effects. The City Attorney has recommended that the project be conditioned to provide annual evidence of recertification by the FCC, in order to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9 has been included to require this. The decision to approve the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the City Council. R:\STAFFRPT%219pa98.CC STAFFRPT-Appeal 5-25-99.doc 3 Attachments: 3. 4. 5. 6. 7. 8. 9. 10. 11. City Council Resolution No. 99- - Page 5 Exhibit A - Conditions of Approval - Page 9 Correspondence dated April 23, 1999 from Shawn Biede - Page 13 Correspondence dated May 5, 1999 from Greg Morrison - Page 14 AEI-CASC Report dated May 13, 1999 - Page15 AEI-CASC Telecommunications Bio- Page 16 ' Minutes of the City Council hearing of February 9, 1999 - Page 17 Staff Report to the City Council dated February 9, 1999 - Page 18 Minutes of the City Council hearing of March 23, 1999 - Page 19 Staff Report to the City Council dated March 23, 1999 - Page 20 Minutes of the City Council hearing of April 13, 1999 - Page 21 Staff Report to the City Council dated April 13, 1999 - Page 22 R:\STAFFRP'I'~.19pa98.CC STAFFRPT-Appeal 5-25-99,doc 4 ATTACHMENT NO. 1 CITY COUNCIL RESOLUTION NO. 99- \\TEMEC_FS201~DATA\DEPTS\PLANNING\STAFFRP'I~219pa98.CC STAFFRPT-Appeal 5-.25-99.doc 5 ATr'ACHMENT NO. 1 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98..0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A' WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF'TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. WHEREAS, Cox Communications PCS, L.P. filed' Planning Application No. PA98-0219, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0219 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director considered Planning Application No. PA98-0219 on November 12, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the Planning Commission considered Planning Application No. PA98-0219 on December 18, 1998 and January 6, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did test!fy either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application No. PA98-0219; WHEREAS, the City Council conducted public headngs pertaining to Planning Application No. PA98-0219 (Conditional Use Permit- Appeal)on February 9, 1999, Apdl 13, 1999, and May 25, 1999 at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA98-0219; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Reports regarding Planning Application No. PA98-0219; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: \\TEMEC_FS201 \DATA\DEPTS\PLANNI NG\STAFFRPT~I 9pa98.CC STAFFRPT-Appeal 5-25-99.doc 6 Section 1. Findings.' That City Coundl, in denying Planning Application No. PA98-0219 (Conditional Use Permit - Appeal) and upholding the Planning Commission's decision approving Planning Application No. PA98-0219 (Conditional Use Permit) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; A. The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non- residential land use designations. The existing Pacific Bell installation and water tanks at the site provide such an area. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree and has provided six Italian Pine trees, 48" box in size, on both the north and south slopes of the site, to assist in the disguise of the "monopine." D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result, several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Study and after study concluded that there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of environmental effects. The City Attorney has recommended that the project be conditioned to provide annual evidence of recertification by the FCC, in order to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9 has been included to require this. E. The decision to approve, conditionally approve, or deny the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the City Council. Section 2. Environmental ComDliance. The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class I (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing, in order to provide telecommunications service. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~.19pa98.CC STAFFRPT-Appeal 5-25-99.doc 7 Section 3. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA98-0219 (Conditional Use Permit) to construct a wireless Personal Communications System (PCS) facility consisting of twelve (12) panel antennas, one (1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a Base Transceiver Station (BTS) unit and other electronic and battery equipment. The antennas will be mounted atop a 60- foot high monopole, disguised as an evergreen pine tree (,monopine") located at the Rancho California Water Distdct water tank site at 3100 Rancho California Road, and known as Assessor's Parcel No. 953-060-022, and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporat.ed herein by this reference. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 25th day of May, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 25th day of May, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk \\TEMEC_FS201~DATA\DEPTS\PLANNING\STAFFRP'r~.I 9pa98.CC STAFFRPT-Appeal 5-25-99.doc 8 EXHIBIT A CONDITIONS OF APPROVAL \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~.19pa98.CC STAFFRPT-Appeal 5-25-99,doc 9 CITY OF TEMECULA CONDITIONS OF APPROVAL Revised by City Council May 25, 1999 Planning Application No. PA98-0219 (Conditional Use Permit) Project Description: A Conditional Use Permit to construct and operate an unmanned telecommunications PCS facility, at the Rancho California Water District tank site, 3100 Rancho California Road, consisting of: Three (3) four-antenna arrays mounted onto a new 60-foot high monopole disguised to look like an evergreen tree ("monotree") A ground-mounted Base Transceiver Station (BTS) within equipment cabinets behind a six-foot high chain link fence with barbed wires above and with vinyl slat inserts (color to match existing water tanks) 3. An 18-inch high GPS antenna mounted to the BTS power cabinet. Assessor's Parcel No. Approval Date: Expiration Date: 953-060-022 May 2~ 1999 May 25,2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project' The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the.City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal \\TEMEC_FS201 \DATA\DEPTS~PLANNING\STAFFRP'I~219pa98.CC STAFFRPT-Appeal 5-25-99.doc 10 board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial Planning construction contemplated by this approval within the two (2) year pedod which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by the approval. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. The development of the premises shall conform substantially with Exhibit "A" Site Plan, Exhibit "B" Elevations, Exhibit "C" Equipment Layout, and Exhibit "D" Details approved with Planning Application No. PA98-0219, or as amended by these conditions. Prior to the Issuance of a Building Permit: The applicant shall submit for review and approval by the Planning Manager a revised elevation of the proposed monopine that shows additional limbs disbursed throughout the height of the pole, starting at 20 feet from the base, and which taper as the limbs approach the highest point. o The applicant shall submit for review and approval Construction Landscape and Irrigation Plans. Three (3) Italian Stone Pine trees shall be installed at a minimum of 35" 48' boxed size, on the north side of the site in accordance with appl:oved plans, and on the south side of the site. The applicant shall submit a revised plan that locates the three trees on the south side of the site to the Planning Manager for review and approval prior to installation. (Amended by City Council, April 13, 1999) 10. All electrical wiring associated with the antenna shall be buded underground or hidden in a manner acceptable to the Building Official. 11. The antenna must be adequately grounded, for protection against a direct stdke of lightning, with an adequate grounding method approve by the City of Temecula Building Official. 12. Installation must meet wind velocity criteria as set forth in the Uniform Building Code when deemed necessary by the City of Temecula Building official. Prior to the Issuance of a Certificate of Occupancy: 13. The appliCant shall replace any landscaping removed or damaged during the installation of equipment. \\TEMEC_FS201\DATA\DEPTS~PLANNING\STAFFRpT~.19pa98.CC STAFFRPT-Appeal 5-25-99.doc 11 14. The applicant shall submit to the Planning Manager a copy of the annual recerti~cation document issued by the Federal Communications Commission (FCC) that ensures compliance of the project with its standards and regulations. 15. The applicant shall periodically refurbish or paint as necessary to maintain the color and texture of the monopine as originally approved by the Commission. DEPARTMENT OF BUILDING AND SAFETY 16. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California'Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 17. Submit at time of plan review complete exterior site lighting plans for any new fixtures in compliance with Ordinance No. 655 for the regulation of light pollution. 18. Obtain all building plan and permit approvals prior to commencement of any construction work. 19. The Occupancy classification of the proposed buildings shall be U. 20. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 21. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 22. Provide electrical plan including load calcs and panel schedule for plan review. OTHER AGENCIES 23. The applicant shall comply with the requirements of the Rancho California Water District, as noted in their correspondence dated June 9, 1998 attached. 24. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as noted in their correspondence dated June 19, 1998 attached. 25. The applicant shall comply with the requirements of the Riverside County Department of Environmental Health, as noted in their correspondence dated June 2, 1998 attached. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these Conditions of Approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature. Date \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~219pa98.CC STAFFRPT-Appeal 5-25-99.doc 12 ATTACHMENT NO. 2 CORRESPONDENCE DATED APRIL 23, 1999 FROM SHAWN BIERLE \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRpT~219pa98.CC STAFFRPT-Appeal 5-25-99.doc 13 ATTACHMENT NO. 3 CORRESPONDENCE DATED MAY 5, 1999 FROM GREG MORRISON \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT~219pa98.CC STAFFRPT-Appeal 5-25-99.doc 14 ,r Stoorza 'e aus&Metzge Memorandum Public Relatioths Public Affairs Government Relations Stoorsa, Ziegaus & Metzger, Inc. Riverside Centre :n03 Tenth Street SuiteSl0 Riverside, CA 92501 90!~.781.2240 Fax 9o9 7s 1. i)~5 DATE: TO: FROM: RE: May 5, 1999 Carole Donahoe Greg Morrison PA98-0219 Temecula Monopole Per your request, please find listed below Cox Communications findings from April 30, 1999 for the list of 8 potential sites we identified for potential altematives for a PCS monopole. In addition to the reasons listed below, Cox is also restricted by the following conditions: A) The FCC limits the amount of energy or strength of signal output from PCS antennas to about 54 decibels, therefore, providing for approximately 3 miles between antennas, B) The technology also requires that each antenna have a "line of site", no signal blockage, in order to communicate efficiently and accurately~ C) The potential location must be appropriately zoned, and D) Cox must have property owner consent. 1) Site 1647 - This site iStoo far north of the existing two sites in the city of Ternecula and would not provide the coverage area needed for the central and eastern portion of Temecula. The site is also located near French Valley Airport and would present possible height restrictions from the FAA. (not feasible) 2) Site 1284a Site 1284b- These sites are located at Temeku Hills Country Club and would require a 75-85 foot monopole to provide the required coverage, due to the drop in elevation. In addition, we spoke with Temeku Hills representative Wade Hall. Mr. Hall informed us that the Temeku Hills Country Club would not be interested in providing lease space to locate Cox's antenna. (not feasible)' 3) Site 1281 - (RCWD water tanks) Due to the drop in elevation and surrounding hilly terrain the monopole would have to 'be a minimum of 85 feet to provide coverage east Margarita Road. There are also some concerns about available space on-site to locate the antenna base and equipment cabinets. s,w,.c,,,~to Carole Donahoe 05/05/99 Page 2 4) Park Site Across from elementary school on La Serena - This site is located at a Park, in which local residents opposed light standards in the park and asked the City to have them removed. This site is also too far north of the Paloma Park site and would not be able to communicate or "hand-off' to the Paloma Park antenna. (not. feasible) 5) Site 1887, Crystal Ridge, 1664, and 1469 - These sites are restricted by topography to the east and the distance the signal would have to travel to the other two existing sites in the City is too far. (not feasible) Please provide AEI Case with a copy of the color coverage map for their use, along with these specific findings. Please do not hesitate to call with any questions. ATTACHMENT NO. 4 AEI-CASC REPORT DATED MAY 13, 1999 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRpT~219pa98.CC STAFFRPT-Appeal 5-25-99.doc 15 lec om rn u n ications Contents Introduction .................................... 1 Location ..........................................1 Background ...................' .................2 Issues ..............................................4 Alternate Sites ..................................6 Alternate Design ..... .................· ........9 Findings and Recommendations... 11 Exhibits .........................................14 wireless Telecommunications Facility Siting and Design Study PA98-021 9 RI-069-C Buffer field Introduction The City of Temecula City Council has requested a "second opinion" regarding the siting and design of a proposed wireless telecommunications facility at the Kearney water tank site on 31008 Rancho California Road. The AEI-CASC Companies have been retained by the City to provide technical expertise relevant to this application, alternative sites and design. Personal Communications Services { PCS) Federal Communications Commission terminology describing ~ntelligent, digital wireless, personal two-way communications systems, A broad range of 'telecommunications ser~ces that enable people and de~nces to communicate independent of location. Location : t General ';';;"" / i Kearney Reservoir '1 ; and Well # 139 ~ i 31 O0 Rancho California Road, Temecula : I North of Rancho California Road; west of Butterfield Stage Road; east of Meadows Parkway; and south of La Serena Way ~ Riverside ;County Assessors . Parcel Number ?53-060-022 ,t Elevation 1350 msl · Thomas Bros map Riverside County page 959, E-4 ~-, e~.EI-CA5['.. o-.--,~' 14 May 1999 1 Coverage Cell Site H~gtqer telecommuni- cations structures covering a larger geographic area, but . with a lower sennce demand. Coverage sites serve to expand coverage in large ar- eas or in areas wth difficult terrains and to enhance coverage for portable systems. Coverage sites allow users to make and maintain calls as tlqey travel, Background In the mid 90s Cox Communications PCS (Sprint PCS) began developing their personal communications service (PCS) network in the Inland Empire. This digital wireless telecommunications network requires monopoles or other facilities to be constructed within a few miles of each site to enable service for all areas. Two sites were approved within the City of Temecula (R1-064-C and RI- 060-B), and it was determined that an additional site was required to provide continuous coverage in the northwestern area of the Proposal General Kearney Reservoir Site To construct a wireless Personal Communications S~/stem (PCS) facility consisting of twelve (12) panel antennas, one (1) Global Positioning system (GPS) antenna, and six (6) cabinets housing a Base Transceiver Station (BTS) unit and other electronic and battery equipment. The antennas will be mounted .atop a sixty-five-foot (65') high monopole disguised as an evergreen pine tree ("monopine"). History The project was submitted on May 20, 1998. On June 10, 1998, the applicant's representative met with staff and members of the Chardonnay Hills Homeowner's Association at the project site. For the next three months TDI and staff worked together to research alternative locations and monopole heights. On October 14, 1998 TDI presented a creative solution to address the concerns of the adjacent homeowners, by lowering the antennas on the monopole height to sixty feet (60'), and by disguising the pole and antennae as a pine tree. The modified proposal was sent to and was endorsed by the Chardonnay Hills Homeowners' Association Board of Directors. A Director's Hearing was conducted on November 12, 1998. Five homeowners from the new Appalachia 14 May 1999 2 tract located to the south of the project site testified to voice concerns regarding the emission of electromagnetic fields (EMF) from the Cox equipment. They protested the time of the hearing because it was conducted when residents work, and requested a continuance in order to investigate the project. The Planning Director concurred with the request for a continuance and asked staff to schedule the item on a Planning Commission agenda in order to provide a more convenient public hearing at 6 P.M. Staff advertised this case for the Planning Commission's December 16, 1998 hearing. On December 16, 1998 the Planning Commission heard testimony from the appli.cant's representatives including Dr. Jerrold T. Bushberg. The Commission also received testimony and a petition in opposition from adjacent homeowners on Merlot Crest. The Commission continued the case to January 6, 1999 and asked the applicant's representatives to consider alternative sites and to provide copies of the selection reports that determined the proposed site. The Commission also asked the City Attorney to provide information on case law involving cellular facilities and the regulations that specify or limit the Commission's action. Subsequent to the hearing, staff met with the applicant's representative to discuss alternative sites in the area. All suggestions were outside the ring of service for Cox. The applicant agreed to explain with exhibits the selection process to the Commission at the hearing of January 6, 1999. Qn January 12, 1999 the City Council heard oral communications from Larry LeDoux, a resident on Merlot Crest, who requested that the Council overturn the Planning Commission's decision of January 6, 1999 approving this project. Councilman Karel Lindemans filed a formal appeal of the Planning Commission's decision, and the appeal was heard on February 9, 1999. After taking testimony, the City Council continued the matter and asked the applicant to consider alternative sites and an alternative design for the project. Staff met with the applicant several times since the hearing to discuss possible sites for the project. The applicant spoke with the owners of other potential sites and with the Cox engineers, and in all cases, were unsuccessful in securing an alternate site for the project. The applicant's efforts are detailed in two letters (attached). With regards to an alternate design for the project, the applicant proposes to enhance the monopine with additional stealthing options: 1) To instalt three Italian Stone Pine trees 48" box-sized rather than 36" box for faster growth 2) To install additional Italian Stone Pine trees on the property's south slope as an additional buffer between the site and the residential properties on Merlot Crest. (See attached City of Temecula Community Department Case Processing Flow Chart) Chronology 5/20/98 · Minor Conditional Use Permit application filed by Cox Communications PCS (RI069-C) Rancho California Water District letter of intent On-site visit with City Planning Staff and Chardonnay Hills Homeowners Association representatives 10/14/98 Submittal of Redesign I I/I 2/98 Director of Planning hearing 12/16/98 Planning Commission continued (Dr. Jerrold T. Bushberg testimony regarding radio frequency emissions) Planning Commission approval Appeal to City Council Notice of Exemption filed "Not identified as an obstruction" by Federal Aviation Administration (98-AWP-2425-C)E) City Council continued City Council continued City Council continued City Council Hearing 6/9/98 6/10/98 1/6/99 1/12/99 1/21/99 2/5/99 2/9/99 3/23/99 4/13/99 5/25/99 Facilities Siting Limitations The following section provides excerpts from the Telecommunications Act of 1996 regarding facilities siting limitations: § 704 Facilities Siting; Radio Frequency Emission Standards aJ National Yv'ireless Telecommunications Siting Policy '(B]' bmitations '(I) The regulation of the placement, construction, and modification of personal wireless service facilities by an State or local government or instrumentaliCy thereof- '(I/shall not unreasonably discriminate among providers of functionally equivalent services,' and '(11] shall not prohibit or have the effect of prohibiting the May 1999 4 provision of personal wireless services. 7ii/a State or Iota/government or instrumental/o/thereof shall act on any request for authorization to p/ace, construct, or modi(y personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumental/O/, taking into account- the nature and scope of such request. '(iii/ Any decision by a State of local government or instrumental/O/ thereof to deny a request to place, construct, or roodiCy personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. "/iv/No State or local government or instrumental/O/may regulate the placement, construction, and modification of personal wireless · service facilities on the basis of the environmental effects of radio frequency emissions to.the extent that such facilities comply with the Commission ~ regulations concerning such emissions. ?vJ Any person adversely affected by any final action or failure to act by a State or local government or any instrumental/O/thereof that is inconsiZftent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person advesely affected by an act or failure to act by a State or local government or any instrumental/O/thereof that is inconsistent with clause/iv/may petition the Commission for relief Issues Location The proposed facility is located at an existing Rancho California Water District water tank site. The site currently has two water tanks and a Pacific Bell Mobile Services monopole. The site is elevated above the surrounding area, and there are no significant geographical features. There is no mature vegetation onsite and no known rare, threatened, or endangered species. To allow for water tanks and related facilities, the site is zoned "Public Institutional" (PI). The proposed Cox PCS faciliO/ is permitted by Conditional Use Permit zn this zone. The General Plan encourages the clustering of public and institutional facilities to the extent '-. M I-CA5[' o.,.,,,,,E.- 14 May 1999 5 ,-',.~-'~--~i~;~:':jS'L'~ 7:~.'~""~: ~i"::;:~'.~';:7'%7:~= ',-' ' - ":' !:- non-residential ""'; ':~';~:':= :'.~;~: ::~'~':' ;" .":~8 Site :,':7" ' . ~ ', .' .::.- Radio : ';"-S'%'-~::.~:,'..',::~.' :.;%~7".' -'E-'.-2,.,.,. ::""';: · 5"-:;'.;.;'..Radiation · ."' :~',/-' "" ".?' :F-~:.~'~ ",~'~"%-Y . '2";;~*; ~ original ,' ~...,~2'-:". ....;.' ,'-E;''":'"'.,':".'5;~%~;7 primalconcern ': ::':~';'L~'7 """'--- '. ' ' ,F:-,~'%~"~;~" <' E~',2:.?'~' of local residents -:~,~ r -'~:~ ";'- ~ ~ ~~~' exposure to adio ffequen~ emissions (pa~icularly ele~romagnetic fields - EMF) geneated by wireless talecommunication facilities. The Federal Communications Commission (FCC) has determined that local governmen~ may not regulate facilities based on this concern. (See above excerpts from the Talecommunications Act of 1996 regarding facilities siting). Structural Integrity The equipment is proposed to be located over 400 feet from the nearest residence on Marlot Crest Drive and approximately I, I O0 feet.from the nearest residence in the Ehardonnay Hills subdivision to the north. Based on distance to existing residences and tower height, there is minimal risk of property damage or injury resulting from antenna structure failure. Aircraft Obstruction The proposed facility has received Federal Aviation Administration clearance for this site. (Aeronautical Study No. 98-AV,/P-2425-OE) Attractive Nuisance The proposed facility is surrounded by 6-foot high chain link fence topped with an additional 1-foot of barbed wire. May 1999 6 Antenna Siting Criteria In order for a ~Anreless facility to be acceptable for a pro~nder, the following criteria must be met by a potential s~te candidate: 1) An antenna must have "line-of-s~te" to adjacent wireless facilities to ensure seamless, reliable coverage for customers; 2) The proposed location must comply w~th local zoning requirements; 3) A property owner's consent; 4) The facility needs to be located w~thin the area ~t will cover. Spnnt PC5 Aesthetics Visual :.npacts The proposed site has several significant visual obstructions including two water tanks and a PCS monopole. The water tanks have not been screened by landscaping or berms. The slopes around the water tanks are manufactured and.currently being landscaped. The PacBell monopole is the more aesthetic "flower tower," but is not a stealth design. Design Cox Communications proposes a "stealth" antenna structure disguised as a pine tree. These "monopines" have artificial branches and needles attached to a monopole. To enhance this effect, three {3) Italian stone pinetrees are proposed at the base of the structure as well as three [3) on the south side of the property to help screen the base station and monopole. The proposed surrounding chain link fence would have vinyl slats insertedwith the same color (beige) as the water tank. Height The proposed antenna structure is a sixty-five feet (65') high. The antenna array is at sixty feet (60'), and there is an additional five feet (5') of artificial tree branches. The existing antenna structure is a fifty foot (50') PCS "flower tower" for Pacific Bell Mobile Sewices. The adjacent water tank is thirty feet, six inches (30' 6") high. Cox Communications has requested this height to provide optimum coverage for the areas currently not sewed by their existing facilities. Their Radio Frequency Engineers have determined that reducing the antenna height will result in.areas where there will be "dropped calls"--no sewice. (The attached exhibit shows the area of coverage with the two existing facilities. ) Alternative Sites This report studies eleven (11 ) alternative sites as directed by the City Council and Staff. Each site was evaluated for physical opportunities and constraints, Zoning, compatibility, and radio frequency (RF) criteria. This mirrors. the PCS carrier site selection criteria: There are very specific guidelines used in selecting a monopole site, the most critical of which are zoning approval, property owner approval and testing for optimum radio frequency [RF/ signal communication with other existing antennas which requires May 1999 7 Co-location 1) Siting multiple antenna structures w~thin the same local area. Also called ' "antenna farms." 2) Multiple antennas attached to an existing or proposed freestanding antenna. structure. Also called donor sites and 'p~ggy-backing'. 3) Roof-mounted antenna IRMA) attached to the top of a building or other structure. 4) Facade-mount in which the antenna is attached to (an) exterior wallis) of a building or other structure. 5) Enclosed in which the antenna facility is entirely contained within a building primarily occupied by . another permitted use. Types 3, 4, &'S are tenant improvements ITI). ' .,"',,~;:!~,~!~~,,'; ~..'~-~-'!=-~-;?'.'L.":"":~' miles {3 mi/ ' ""'~.'~I~!;; .....< F. ..t · ',,.'. ,, antennas. "-,,,j"-'77.:' "'"'· ~";"!~::,. ~ ," ~'~' ".'. ~- ~CG:~~':'~ network criteria:, !" , ,"~-'-. ' '~' ::. - 7:: "~' "'~-',-.-: ~'~·. ' ......_..,!. ':"t existing sites. City of Temecula Search Ring(s). Some alternatives consider County sites, but the provision of services is designed for the City service, and optimum siting would be within the coverage area. Coverage Cell Sites. An alternative to larger coverage cell sites, would be a more intensive network of small cell sites. Increasing the number of antenna structures would be more visually obtrusive to the community. The following alternative sites have been reviewed by TDI and AEI~CASC. In general, we concur with TDI's evaluation of site feasibility based' on the above criteria. As PCS usage increases, these coverage cell sites 'may not be able to handle the volume of calls. At this time additional capacity cell sites may be required. TP.e results of this study may be used to identify potential candidate sites if and when this need arises. Mobile Home Property 41280 Berkswell Lane, Temecula Low Medium Density. Residential In addition to zoning restrictions, research by [TDI] radio frequency engineers indicates this is also a technologically infeasible site due to surrounding topography and the distance from existing antennas, impacting antenna s~gnal communication and coverage. TD/, Calloway Winery 32720 Rancho California Road, Riverside County ,-,-,, :",,.El-CASe,. o,,,,,;..,.,,,,,. 14 May 1999 8 Norma Marshall Reservoir Site Concealed Antennas Also called disguised, camouflaged; "stealth" antennas, etc. These antennas are blended into the en~ronment so as not to be seen or recognized. They ~nclude architecturally screened roof- mounted antenna, faCade-rnounted antenna as design features, 'tree" poles which may appear to be palms or pines, clock towers, entry statement signage, and other types of concealment. Property owner indicated that they were not ~nterested in [facihtles stung], as ~t would require them to enter ~nto a long-term lease and ~nterfere with current property ~mprovements. TD/, Inc Norma Marshall Reservoir Site Margarita Road, Temecula Public Institutional [PI) Due to the drop in elevation and surrounding hilly terrain the monopole would have to be a m~nimum of 85 feet to provide coverage east of Marganta Road. There are also,some concerns about avafiable space on-s~te to locate the antenna base and equipment cabinets. TD/ This is an existing water tank site north of Rancho Vista Road; south of Rancho California Road; and east of Marganta Road. The site is within the Pubhc Institutional IPI) zone. There is very little space to construct a monopole and BTS unit, but fagade-mounted antenna panels could be accommodated. However, at 1281 elevation, this site does not have adequate "line of sight" to the north, south or east. The proposed location is about seventy feet 1+70'l higher at 1350. Thornton Winery 32575 Rancho California Road, Riverside County The property owner was willing to discuss possible optjons for locating on the property. However after further research by [TDI] radio frequency engineers it was determined that this location is technologically infeasible due to the surrounding topography and that the distance from existing antennas could not adequately complete a signal. TD/, Inc. Mount Palomar Winery 33820 Rancho California Road, Riverside County The property owner was willing to discuss possible optjons for location on the property, however after further research by i'rDI] radio frequency engineers it was determined that this location is technologically infeasible due to the distance from existing antennas that could not adequately complete a signal. TDI, Inc Crystal Ridge, Santa Rosa Mountain Sites [3] Rural Residential, Riverside County These sites are restricted by topography to the east and the distance the signal would have to travel to the other two exJst~ng sites in the Qty is too far. TD/ These sates are vanous hilltops in unlncorporated land southeast of the Oty in the Santa Rosa Mountains. The peaks elevations are, from northwest to southeast: ] 887, 1664, and 1469. Although these sites might be able to serve the Old Town and central bus~ness district, their radius coverage of approximately three mdes 1+_3 mi) would not be sufficient to serve areas to the northeast. [The PCS telecommunications network requires facilities within · approx~matly every three mfies.] Skunk Hollow Peak (Site 1647) Rural Residential, Riverside County T., "- EI-CAS( 14 May 1999 9 Th~s s~te ~s too far north cSf the existing two s~tes ~n the Oty of Temecula and would not pro~nde the coverage area needed for the central and eastern portion of Temecula The site is also located near French Valley A~rport and would present possible height restrictions from the FAA TD/ This site is a 1647 elevation hilltop approximately one half mile north of the and one half mile west of Skunk Hollow. Th~s site exceeds the maximum three- mile d~stance necessary to complete the 'network w~th the exdstlng southwest facility. An additional site would be required w~thin or near the existing search r~ng. Temeku Hills Country Club/Golf Course Rancho California Road, Temecula Margarita Village Specific Plan These sites are located at Temeku Hills Country Club and would require a 75-85 foot monopole to pro~de. the required coverage, due to the drop in elevation. In addition, [TDI] spoke with Temeku Hills representative Wade hall. Mr. Hall informed us that the Temeku Hills Country Club would not be interested in pro~nding lease space to locate Cox's antenna. TD/ This site is on a 1284 elevation hilltop in the Temeku Specific Plan master- planned community north of Rancho California Road; south of La Serena Way; west of Temeku Drive. This site does not have adequate 'line of sight~ to the north, south or east. [The Temeku Golf Course location is about seventy feet 1_+70') below the proposed site { 1350). La Serena Park Site La Serena Way, Temecula Open Space This site is located at a park. in which local residents opposed light standards in the park and asked the City to have them removed. This site is also too far north of the Paloma Park site and would not be able to communicate or 'hand-off' to the Paloma Park antenna. TD/ Alternative Design.. General Kearny Reservoir Co-location 31008 Rancho California Road The proposed location offers the best system coverage and signal t communication with existing antennas within the City. The antenna would also be located near an existing PacBell antenna and other utilities, which ~s recommended by City ordinances. Mo~4ng this proposed location, even within Proposed Design a designated search ring, will impact signal strength and system coverage. TD/ Antenna Structure Co-location The Pacific Bell Mobile Sennces monopole has a "flower tower" design with arched panel arms and a tapered pole. This design typically does not accommodate co4ocation. An alternate is to replace the PacBell monopole w~th a larger antenna structure which would accommodate both carriers. r.. ~,iEI.CAcj( o....,c: 14 May 1999 10 Monopalm Considering the additional structural demands and vertical separation, the co- located structure would most proDably need to exceed s~xty feet 160') ~n height. Th~s co4ocated facihty would have two antenna arrays and be more usually obtrusive. This monopole design could not be easily camouflaged due to constraints on construction, maintenance and liability. Water Tank Fagade-mount Antenna Structural co4ocation on the water tanks would be accomphshed by adhering the antenna panels to the tank fagade rather than mounting them on a pole. The tallest water tank is thirty feet 130') high, and the required height ~s s~xty feet ~60'). Water Tank Roof-mount Antenna An alternative to fagade-mounting would be "roof-mounting" on top of the tank. Even if permitted by the water district, th~s would probably not be structurally feasible and would remove the benefit of partial visual screening provided by the tank. Stealth Design The proposed facility would be a stealth design which simulates a pine tree. The other stealth antenna structure tree is a palm. The 'mpnopine" was preferred over the ~monopalm~ design during staff and public renew. Other stealth designs include clock towers, church'steeples, signs, light standards, and other architectural structures. None of these alternatives would be appropriate to this site. Duopole [Omnipole] This antenna structure eliminates the antenna array by placing the antenna panels inside a cylindrical extension of the monopole These antenna structures may not be suitable for coverage sites due to limitations on panel separal3on and power. A duopole would also have to be at a similar height 1+60') to the proposed monopole. Reduced Height Lowering the antennas would result in a reduction in. signal quality and probably require two or more additional facilities to be located in the intervening areas between the exjstlng facilities. Although reduang the antenna height would lessen the local ~nsual impacts, ~t would have the net effect of creating more community-wide usual impacts. Monopine Antenna Panels In some situations, indiadual antenna panels can be mounted on short poles. This 'lollypop' design Is not a viable alternative for this site due to their hmited height--usually less than twenty feet (20'). [See above 'Reduced Height"] Screening PCS antenna facilities require "line of sight" to adjacent antennas which limits screening to the support structure. The proposed site is partially screened by the existing water tank. Landscaping with Itahan Stone pines pro,~des partial screening at the base of the support structure. The base transceiver station (BTS) unit is further screened by a s~x foot {6') chain link fence w~th ~nnyl slats. ! EI-CAS(: 14 May 1999 11 Surface Treatment Visual obtrusiveness can be minimized by the surface treatment of the facility. Typical monopoles are painted 'sky' blue or other pastel color. The proposed facility stealth design surface treatment will simulate a p~ne tree trunk and will be non-reflective so as not to create glare. The chain I~nk fence slats are to be colored to match the exusting water tanks. Lighting The proposed telecommunications facility does not require aircraft warning lights and will not create any glare on adjacent residences. Sound and Vibration PCS facilities do not create audible sounds or detectable ~brations even at very close distances. The nearest residences at 400 feet would not discern any noise or ~bration from equipment or antennas. Radio Frequency Interference [RFI] and Electromagnetic Compatibility PCS facilities operate at frequencies that do not disrupt radio or television ser~ce, garage door openers, or other electronic dewces operating ~thin the FCC approved bandw~dths. There is additional concern that medical equipment may be susceptible to RFI, but there are no hospitals or other medical facilities in the vicinity. Findings and Recommendations This study concurs with the findings prepared by the Temecula Planning Department as follows: A) The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non-residential land use designations. The existing Pacific Bell installation and water tanks at the site provide such an area. B) The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The ~-..~EI-CAS~ o~.PA~,E' 14 May 1999 12 The AEleCASC Companies 937 South Via Lata, Suite S00 Colton California 92324 Tel (909) 783-0101 Fax (909) 783-0108 Web <vvww.aei-casc. COrn> E-ma~l rstephens~ael- CaSC.COm design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to. integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree and has agreed to provide three additional Italian Pine trees to assist in the disguise of the "monopine.' D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMF) surfaced in the 1980s and as a result, several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Study and after study concluded that there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the Telecommunications Act of 1996, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of radio frequency emission effects. We recommend that the City Council approve the application for the proposed wireless telecommunications facility with the recommended Conditions of Approval. Prepared by: RIchard Stephens Tom Nievez Susan Stoltenl:>erg w~th assistance from Nlld Cufier ' ,tEI-CAS( 14 May 1999 13 Exhibits Telecom Site Selection Process Existing Cell Sites and Proposed Site Search Ring Coverage- Existing with Proposed Site Coverage Maps (2) Monopine Photograph Proposed PCS Facility Drawings i T-1 Title Sheet I A-1 Location Plan ~i A-1.1 Site Profile ~ A-2 Site Plan · ~ A-3 Equipment Layout ~ A-4 Elevations I A-S.Bolt Layout & Details i A-6 Details- i A-7 Details i A-8 Details ! E-1 Electrical Notes E-2 Site Plan E-3 Power & Ground Plan E-4 Single Line Diagram & Grounding Diagram System E-5 Details E-6 Details Case Processing Flow Chart ~,, ?~E'I-CA,.~: o.pA.,~.: 14 May 1999 14 I I I I ~ 0 0 ~'~:-.. ' ......-"..'..e ~:..: ~ ?.'-~:." ......."! ~;:..:_:...~...-:..-..:._J L~,,p..h ~d; ~ ."~' ,.': '~,~.. ...., ~: ...,~ .... · ..... · ...... :2~ ~I'.; '..'. ..... ~ ::.c~-:' ... ~.: ', .: ,,.,, . .-.':j..:,...~. ........:. .b· , ..... y ..... . 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I- Negative Declaration Pmcef4 (CEQA amd Sale Ptanning Law) Incompietelxs~addsfmirvnseimminimufntotlteWocess Time period from Directofs Hesring eppmvsi to Fmad Conditions, when no alaeel is~led is 10days Time pedod from Ptanning Commi~on lipprimal to Final Condition=, when no ml:ffi~al is Iiled is 10 days IF E.I.R. REQUIRED SEE SHEET "2" PROJECT APPROVAL NEG DEC ADOPTED APPEAL PERIOD (15 DAYS) I ATTACHMENT NO. 5 AEI-CASC TELECOMMUNICATIONS BIO \\TEM EC_FS201 \DATA\DEPTS\PLANNING\STAFFRP'I'~I 9pa98.CC STAFFRPT-Appeal 5-25-99.doc 16 AEI.CASC Telecommunications Bio Richard B. Stephens REA Wireless Telecommunications Facilities Advisor Planning Director, The AEI-CASC Companies Tel (909) 783-0101 Fax (909) 783-0108 E-mail rstephens(~aei-casc.com Web vvww.aei-casc.com Summary Mr. Stephens has been affiliated with wireless telecommunications facilities siting and permitting since 1993. Since that time he has assisted in the design and development of several wireless telecommunications networks including the siting and permitting of hundreds of facilities. He has provided technical assistance to numerous jurisdictions and is a continuing speaker/author on telecommunications and information technology. Education/Teaching/Training Ric received a Masters in Urban' and Regional Planning, California State Polytechnic University, Pomona and has been a lecturer/faculty advisor at the university since 1991. He teaches undergraduate and graduate courses in planning principles, urban design, environmental planning, and studios. He has also taught at UCLA, UCR, and is a faculty member of the University of Redlands. Ric is a California Registered Environmental Assessor No. 6946. Consulting " Mr. Stephens was the lead planner for developing several regional networks for Pacific Bell Mobile Services and Cox Sprint PCS. Jurisdictions for these netwQrks included portions of Riverside, San Bemardino, Los Angeles, and Ventura Counties. The combined number of facilities sited and permitted by Mr. Stephens and l~is planning division exceeded 600 wireless telecommunications facilities. Ric was the lead planner in the preparation of the City of Diamond Bar "Radio and Television Antennas & Wireless Telecommunications Facilities" ordinance. Programs Mr. Stephens has coordinated and presented wireless.telecommunications seminars throughout the state including: + "Wireless Communications" Planning Commissioners Forum, Riverside ] 997 · "An Information Superhighway Map" National APA Conference, San Diego ] 997 · "Wireless Telecommunication Antenna and Facilities Draf'c Guidelines Workshop" Los Angeles 1997 · "Building the Information Skyway" IES APA Workshop, Ontario 1996 1 937 South Via Lata, Suite 500 · Colton, CA 92324 · (909) 783-0101 · FAX (909) 783-0108 · 'The Superinformation Skyway: Wireless Communication and the Global Envelope" CCAPA Conference, Palm Springs 1996 · "Wireless Telecommunications Conference" Los Angeles Section APA, Long Beach 1996 · "Appraisal and Acquisition of Telecommunication Sites" Fourth Annual Valuation Conference, International Right of Way Association, 1996 · "Wireless Communications Workshop" San Diego Section APA · "Wireless Telecommunications I1" CCAPA Conference, San Diego 1994 Publications Mr. Stephens has written and edited numerous technical articles related to wireless telecommunications including: · "Wireless Communications--Monopoles, Towers, and Concealed Antennas" · "Aesthetics and Planning for Wireless Communications FacilitieS" · "Telecommunications Information--A Reference Guide for the Superinformation Skyway" · "Telecommunications Facilities Regulations" which received the Inland Empire Section American Planning Association 'Nuts and Bolts" Award. · 'Pianificazione ed estetica delle reti senza fill in USA." an article for the Italian National Planning Institute on telecommunications facilities esthetics: He assisted in the landmark document "Wireless Communications Facilities Issues Paper" published by SANDAG. He was interviewed by P/ann/n_q II,l/nne, fotafor the article "The information 'superskyway' man!" Mr. Stephens and his staff recently assisted the City of Diamond Bar in creating their lZvfre/eLf 7'e/ecorfirfiul?l'catlbn,f Fac///t/ez Or~Yl?Tance. Ric is currently the editor for the American Planning Association Information Technology Division newsletter,/nfoT'~ Professional OrganizatiOns/Awards Mr. Stephens was a Planning Commissioner for the City of Hemet and is currentIS/a Plannir~g Commissioner for the City of Riverside. He is the editor: for two Am'erican Planning Association newsletters:/nfoTE)(Tand II//ounta/nzand.fhore~. He is the webmaster for numerous Intomet websites including: · Inland Empire Section American Planning Association h ttp :fie. eee. org/bus/a pa · American Planning Association Resort and Tourism Division http://wwvv.aei- casc.com/resort · Association of Environmental Professionals http://wvvw.aei-casc.com/aep · Southern California Planning Congress http://vwvw.aei-casc.com/scpc Ric is an International Advisor to the Japan Association of P. lanning Administration and the U.S. Delegate to the International Society of City and Regional Planners, an advisory body to the United Nations. Mr. Stephens has received over 20 professional planning awards including the American Planning Association National "Distinguished .Contribution Award." 2 ATTACHMENT NO. 6 MINUTES OF THE CITY COUNCIL HEARING OF FEBRUARY 9, 1999 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~219Pa98-CC STAFFRPT-Appeal 5-25-99.doc 17 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 9, 1999 CLOSED SESSION - A meeting of the City of Tamecull City Council was called to order at 5:00 P.M. It was duly moved end seconded to adjoum to Closed Session pursuant to Govemrnent Code Sections: 1. Conference with real property negotiator pursuant to Govemment Code Section 54956.8 concerning the acquisition of real property located at 28721 Front Street, Temecule (APN 922-073- 017 and 922-O046-022 end 922-073-024). The negotiating partle~ are the Redevelopment Agency of the City of Temecula and Rrst and Front, LLP and Cleveland Investment Company. Under negotiation is the pdce and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators ere Shawn Nelson, James O'Gredy, end John Meyer. 2. Conference with City Attomey and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City end/or the Agency. The following cases/claims will be discussed: a) Quality Contmctor's Network vs. Temecula Valley Museum and b) Claim of Westside City II (Bill Dandy). 3. Conference with City Attomey pursuant to Government Code Section 54956.9(b) with respect to two matters of potenUal litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and the Agency based on existing facts end circumstsnces. 4. Discussion of candidates for posiUon of City Manager pursuant to Govemmant Code Section 54957. ROLL CALL Present: Coundlmembers: Comer, hem, Undemans, Robarts, Stone, and Ford. Absent: Councilmember. None. PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invoca6on was given by Reverend Lyle Paterson. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. PRESENTATIONS/PROC~ AMATIONS Certificate of SOeciel Achievement to Nell Pverett Plummer for attainina Feale Scout rank Mayor Pm Tern Stone presented the Certificate to Nell Everett Plummer. Certificate of Special Achievement to Scott C. Robertson for attaininn Eanie Scout rank Mayor Pro Tem Stone presented the Certificate to Scott C. Robertson. Cedificate of Special Achievement to Robert Bdan 81ater for minino Faole Scout rank Mayor Pro Tem Stone presented the Certificate to Robed Brian Slater. Certfficate of ADDreciaUon to Honorable ANnie "Vic' Semvdarian Mayor Pro Tem Stone presented the Certificate to Honorable Spraydadan who, with appreciation, was in attendance to accept the Certificate. Certificate of ADDreciaUon to the Assistance Leanus of Temecula Valley Mayor Pm Tem Stone presented the Certificate which was accepted by Ms. Peggy Wiley end Ms. Maryann Edwards. Certificate of Appreciation to Joseph Kicak Mayor Ford presented the Certificate to retidng Public Works Director Kjcak who relayed his delight with having had the opportunity to work for the City of Temecula. At this time, Mayor Ford presented to Councilman Comerchero his five-year service pin. PUBLIC COMMENTS Ms. Kay Willlama and Ms. Melody BrunsUng, representing the Temecula Town Association on behalf of the Temecula Rod Run, presented the Councilmembers with Rod Run momentos and invited all to attend the planned Rod Run festivities. CITY COUNCIL REPORTS A. Mayor Pro Tem Stone advised that he had sttended s Cslifomia League of Cities meeting at which the fallout of the Vehicle Ijcense Fee was discussed, advising that there is no allocation guarantee to the cities from the State if the economy ware to decline but that them will be an allocation guarantee for the upcoming second and third phase reductions. B. impressed with the number of Eagle Scout Certificates the City has presented, Mayor Pro Tern Stone encouraged all non-profit organizations to apply for the second phase of the City's Community Services Funding Program, noting that the application deadline is March 5, 1999. C. Reviewing the ongoing progress of RTA services, Councilman I.indemans noted that in the near future individuals will be able to travel by INs to Lake Elsinore, Hernet, and Riverside. D. Commenting on the benefits the City has derived from retidng Public Works Direciy Kk:ak's experience, Councilman Rotarts noted that Mr. K]cak will be greatly missed. E. Councilman Robarts informed the City Council that he has I~c,'t selected to serve on the 1999 TransportaUon Infrastructure and Services Steering Committee which develops policies and recommendations for consideration and review by the Policy Committee. F. Councilman Roberrs advised that he will be attending the upcoming Riverside County Transportation Committee at which a vote will be taken which would allocate $818,000 to the City for the Jefferson Avenue/Front Street rehabilitation. G. Mayor Ford advised that he has been appointed as Vice Chairman of the Riverside County Habitat Conservation Agency and that discussions am pursuing with regard to the multi-species piaNopen space plan for Riverside County, noUng that he will keep the Council apprised. CONSENT CALENDAR 3 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in Ihe agenda. Minutes RECOMMENDATION: 2.1 · Approve the minutes of January 12, 1999; 2,2 Approve the minutes of January 21, 1999. (Due to .his absence from the January 2t, t999, City Council meeting, Mayor Pro Tern Stone noted that he would be abstaining wiffi regard to. this issue,). Resolution ADOmvino List of Demands RECOMMENDATION: 3.1 Adopt a resolution enUtied: RESOLUTION NO. 99-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurers Report as of December 31. 1998 RECOMMENDATION: 4.1 Receive and file the City Treasumr's Report as of December 31, 1998. City Deleoation to Voorbum. The Netherlands RECOMMENDATION:- 5. I Approve an official City delegation to travel to Voorburg, The Netherlands in a joint trip with the Temecula Sister Cities Association. 6 9 First Amendment to Actinn City Manaaer Anreement RECOMMENDATION: 6.1 Approve the First Amendment to the Employment AgreemenL ProPerty Insurance Renewal RECOMMENDATION: 7.1 Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Royal/Agriculture end FronUer Insurance Company for the pedod of February 26,1999 through February 26, 2000 in the amount of $61,764. Purchase of One (1 } City Vehicle (Truckl RECOMMENDATION: 8.1 Approve the purchase of one (1) 1999 Chevrolet full-size pick-up from Paradise Chevrolet in fie .amount of $25,094.36. Records Destruction ADoroyal RECOMMENDATION: 9.1 Approve the scheduled destrucUon of certain City records in accordance with the City of Temecula approved Records Retention Policy. 4 10 State Historical Desk~rmticn for Burnham Store ('remec, ule Mercantile) RECOMMENDATION: 10. 1 Authorize the Mayor to sign the attached letter of support forwarding the Point of Historical Interest Applica_don for the Burnham Store to the State Office.of Historic PreservaUort. (This Consent Calendar. Item was {:ontinued to the meeting of February 23, 1999.) 11 Acceotance of Public Streets into the City-Maintained Street System (wffihin Tract No. 2314~ - located northeastern of the intersectiort of Meadows Parkway at Rancho 'Califomia Road) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBUC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM 0NITHIN TRACT NO. 23142} 12 Accept Public Improvements in Tract No. 23142 (located northeastedv of the intersection of Meadows Parkway at Rancho Callfomla Road) RECOMMENDATION: 12.1 Accept the Public Improvements in Tract No. 23142; 12.2 Authorize the reduction in Faithful Performance security to the warranty amount and initiation of the one-year warranty pedod; 12.3 Direct the City Clerk to so advise the developer and surety. 13 Maroadta Road/Overland Drive and Lono Canyon Creek Imorovements Reimbursement Aoreement with Rancho Califomia Water District for Work Performed Dudno Construction - Proiect No. PW97-07 RECOMMENDATION: 13.1 Approve the attached reimbursement agreemerit with Rancho California Water District (RCWD) for the cost to relocate existing water improvements necessary for the construction of Margarita Road/Overland Drive and Long Canyon Creek Iml:H'ovements - Project No. PW97-07 - end authorize the Mayor to execute the agreement; 13.2 Increase the Construction Contingency amount by $47,200.00 to cover the additional work; 5 14 15 13.3 Approve an appropriation of $47,200.00 from Reimbursement Revenue to the J:M~ect account, Rancho Califomia Road at Interstate Route 15 - Bridrm W'denino and Norlhbound Ramp Improvements - Proieot No. PW95-12 - Increase Construction CortUnoencv RECOMMENDATION: 14.1 Authorize the Ac~ng City Manager to approve change orders with Riverside Construction Company for Rancho Califomla Road at Interstate Route 15 - Bridge Widening and Northbound Ramp Improvements (Project No. PW95-12) in an additional amount of $82,000.00 above the previously approved 10% contingency. Professional Services Anreement with Parsons Brinckerhoff ~uade & Dounla$. Inc. for the Final Desion Southbound Off-Ramo and 1-15 Widenino north of Winchester Road - Project No. PWg~7 - and Northbound On-Rsmo Wiclaninr, RECOMMENDATION: 15.1 Approve the Professional Services Agreement between the City of Ternecula and Parsons Brinckerhoff Quade & Douglas, Inc. for the final design of the sotetx~nd Off-Ramp, 1-15 widening north Winchester Rosa - Project No. PW98-07 - and additional widening to the northbound On-ramp from Winchester Road north 400 feet for $122,826.00 and authorize the Mayor to execute the corttracl; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $12,282.00 which is equal to 10% of the contact amount; 15.3 Authorize the transfer of $80,226.00 from the construction budget to the design budget for the additional design costs associated with a change to the project scope 16 Professional Services Anreement with Parsons Brinckerhoff Quade & Dotsalas. Inc. for Final Desion Southbound Oft-Ramp and I-15 Widenina north of Rancho Califomia Road - Proiect No. PVV98-08 RECOMMENDATION: 16.1 Approve the Professional Services Agreement between the City of Ternecula and Parsons Brinckerhoff Qusae & Douglas, Inc. for the final design of the southbound Off-Ramp and 1-15 widening north Rancho C, mlifomia Road - Project No. I:NV98-08 - for $94.368,00 and authorize the Mayor to execute the contract; 16.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $9,436.00 which is .equal to 10% of the contract amount; 16.3 Authorize the transfer of $48,CKX).00 from the construction budget to the design budget for the additional design costs assodated with a change to the project scope 6 17 18 19 20 Professional Services Aareement for Pile Desian Revisions and Fteview end Processinn of Retainin~ Wall Charrues for the Ovedand Drive Overcrosslna st Interstate Route 15 - Pmiect No, PW95-11 RECOMMENDATION: 17.1 ApprOve a professional services agreernent~,ilh TYLIN-InternetionaI-McDaniel in an amount not to exceed $35,500 for foundation pile redesign and review of revised retaining walls for the Overland Drive Overcrossing at Interstate Route 15 and authorize the Mayor to execjjte the contract; 17.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount o1' 10% of the agreement amount. Amendment No. I to Professiorml Services Aareement with Petre Geotechnical. Inc. for the Rancho California Road/Interstate Route 15 Interchanoe- Proiect No. PW95-12 RECOMMENDATION: 18.1 Approve Amendment No. 1 to Professional Services Agreement between the City of Temecule and Petm Geotochnical, Inc. to provide additional Professional Inspection ,SaPAces forthe Rancho California Road/Interstate Route 15 Interchange - Project No. PW95-12 - in an amount not to exceed $29,000.00 and authorize the Mayor to sign Amendment No. 1. Professional Services Aoreement with Parsons Brinckerhoff ~uade & Dounlas. Inc. for Additional Improvements for the Rancho California Road InterchanM RECOMMENDATION: 19.1 Approve a Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quade & Douglas, Inc. to provide additional design for the Rancho California Road Interchange Improvements for $45,503.00 and authorize the Mayor to execute the contract4 19.2 Aubhorize the City Manager to approve change orders not to exceed the contingency amount of $4,550.30 which is equal to 10% of the contract amo~jnt; 19.3 Appropriate $50,100.00 from the General Fund Unreserved fund bale to Consulting Services Line Item in the CIP Administration operating budget. Authorization to Solicit Construction Bids for fie Street Name Sion Replacement Project - Project No. PW98-18 RECOMMENDATION: 20.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Street Name Sign Replacement - Project No. FM/98-18. 21 Maroartta Road/Overlend Drive Sb'eet Imorovernent Sewer Anreernent with Pacific Century Homes for Work to be Performed durinn Project No. PVVg7~7 RECOMMENDATION: 21.1 Approve the attached Agmernent with Pamific Century Homes for the co~t to install certain sewer improvements within the MaMarite Road/Overland Drive Street Improvement- Project No. I:NV97-07- that is nscesl--y to serve the Pacific Century Homes project and authorize the Mayor to execute the Agreement; 21.2 Increase the Construction Conlingency by $25,380.00 to cover this additional work; 21.3 Approve an appropriation of $25,380.00 from Reimbursement Revenue to the 22 Professional Services Aoreement for Overland Drive Overcrossino - Pro lect No. PW95-11 RECOMMENDATION: Approve a Professional Services Agreement for Construction Support Services for Ovedand Drive Overcrossing - Project No. PW95-11 -to TYLIN Intemational- McDaniel for $38,270.00 and authorize the Mayor to execute the contract; 22.2 Authorize U'm City Manager to approve change orders not to exceed the contingency amount of $3,827.00 which is equal to 10% of the contract amount. 23 Acceleration of Budceted Funds for Ovedand Drive Overcrossino - Proiect No. PW95-11 RECOMMENDATION: 23.1 Approve the eccelermion of $4,230,000.00 from the Capital Improvement Budget for FY 1999-2000 to the current F'Y1998-1999 budget forthe Overland Odve Overcrossing- Project No. FNV95-11. -- 24 Second Readina of Ordinance No. 99-05 RECOMMENDATION: 24.1 Adopt an ordinance anUtled: ORDINANCE NO. 99-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 9.14.010 AND 9.14.020 PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTNNER$ OF ALCOHOLIC BEVERAGES IN PUBUC PLACES MOTION: Councilman Robede moved to approve Consent Calendar Item NoB. 1-g,11-13, 15-22, and 24 (Item No. 10 was continued to the February 23, 1999, City Council meeting; Item Nos. 14 and 23 warn pulled for separate discussion; ~ee below). The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval writ the exception of Mayor Pro Tern Stone who abstained with regard to Item No, 2.2. CONSENT CALENDAR IT;MS SEPARATELY DISCUSSED 14 Rancho Califomia Road at Interstate Route 15 - Bridoe W'denina end Northbound Ramp Improvements - ProieCt No. PW95-12 - Increase Construction Continnencv RECOMMENDATION: 14.1 Authorize the Acting City Manager to approve change orders with Riverside Construction Company for Rancho C, Nifomla Road at Interstate Route 15 - Bridge W'glening and Northbound Ramp Improvemonte (Project No. PW95-12) in an additional amount of $82,000.00 above the previously approved 10% contingency. In response to Mayor Pm Tem Stone, .Public Works Director Kicak presented the staff report (as per agenda material) with Senior Engineer Hughes further deifying 'the proposed change order increase, commenUng on the unpredictable utility conflicts, and noting that the change orders for this project have been carefully reviewed and monitored by staff and that the proposed costs am justifiable. MOTION: Coundlman Undemans moved to approve staff recommendation. The motion was seconded by Coundlman Rotam.and voice vote reflected unanimous approval. 23 Acceleration of Budn,qed Funds for Ovedand Dd~e Overcrossino - Prolect No. F:%'V95-11 RECOMMENDATION:- 23.1 Approve the acceleration of $4,230,000.00 from the Capital Improvement Budget for FY 1999-2000 to the current FY1998-1999 budget for the Overland Ddve Overcrossing - Project No. PW95-11. Public Works Director Kicek reviewed the staff repod (of record). MOTION: Coundlman Comerchero moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tam Stone and voice vote reflected unanimous approval. PUBLIC HFARINGS 25 ADoeel of the Plannino Commission's Denial of Ptwlnin,~ ADDliCaUOn No. PA98..0347 [Develooment Plan1 - The desion. construction and ooemtion of 15 soeculattve industrlaVmanufscturin,vofllce buildirma totalirm 81.885 souam feet located on two oarcels consistinn of 6.02 acres with associated oaddna and landscaDino (located on ~he west side of Commerce Center Ddvfi adlecent to MUlTieta Creek norfit of Vie Montezumal (Continued from the January 26, 1999, City Council meeting.) RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF 'TEMECULA AFFFUMING THE ACTION OF THE PLANNING COMMISSION DENYING PLANNING APPLICATION NO. PA 98- 0347 DEVELOPMENT PLAN - THE DESIGN, CONSTRUCTION AND OPERATION OF 15 SPECULATIVE INDUSTRIAL, MANUFACTURING, OFFICE BUILDINGS TOTALING 81,885 SQUARE FEET LOCATED ON TWO PARCELS CONSISTING OF 6.02 ACRES WITH ASSOCIATED PARKING AND LANDSCAPING LOCATED ON THE WEST SIDE OF COMMERCE CENTER DRIVE, ADJACENT TO MURRIETA CREEK, NORTH OF VIA MONTEZUMA, KNOWN AS ASSESSOR'S PARCEL NOS. 921-400017 AND 921-400044 In light of the submittal time of ttte information received from the .applicaUon, Deputy City Manager Thornhill advised that staff was unable to provide it in the staff report end that staff has not had the opportunity to fully review the informaUon which Mr. 'Markham will be orally reviewing. At this time, Mayor Ford opened the public hearing. Refemndng submitted material of record (copies provided to the Coundlrnembers), Mr. Larry Markham, 41750 Winchester Road, representing the applicant, informed the Council of the applicant's willingness to construct a concrete block/tilt-up wall along the south side; reviewed the parking requirements for ice, manufacturing, and warehouse uses, noting that !he proposed project will exceed those requirements, as per the Development Code, by 54 spaces; and clarified that parking spaces am being assigned to each individual building, advising that there will be no shared parking. Mr. Markham furlher noted rite following: that each individual owner will own the individual building pad end fiat the landscaping, driveways, and parking am will be owned by the property association; 10 · that the proposed CC&Rs have been provided to staff for review;, · at Ihe proposed development will as well fall under the jurisdiction of the Winchester Commerce Centers CC&Rs, which also prohibits outside storage; that ~e potential termnts/owners have expressed a desire to retainthe .gated areas; that the developer will provide fencing but that the gates will not be installed unless the particular buyer and/or tanant is desirous to .have them installed at which tim a gate could be installed at the owner's own accord; that the applicant has requested the imposition of two Conditions of Approval - one permitling the installation of fencing and gatjng after the recorclation of the Final Map and after the formaUon of the property association and another condition prohibiting outside storage. If the Coundi ware to disapprove of the proposed fencing and gaUng plans, Mr. Markham noted that the applicant would request that the Council approve, at a minimum, fencing between the vadous units to deady delineate the individual 'perking areas for each unit. With respect to a suggestion mentioned at the January 26, 1999, City Courtall meeUng, Mr. Msrkhsm advised that the placement of s front gate for the overell project would not be feasible in that it would limit off- hour deliveries. Addressing the concern with regard to outside storage and related Code enforcement, Mr. Markham, for Councilman Comerchero, advised that with Ihe Council's imposition of a Condition of Approval prohibiting outside storage, the City would have measures in place to address such a violation. Coundlman Lindomens requested that the proposed individual unit fencing be higher and that it be moved back, ensudng enough room four parked cars, and that the proposed fencing, for the middle units, be removed. By way of overheads,' Mr. Markham further elaborated on the proposed fencing and gating plan, noting that the applicant, at a minimum, would request that the delineating fences be approved with .no gates. Mr. Markham advised that if. gates ware approvad, the necessary access would be provided to. the Fire Department. It was noted, by Mr. Markham, that the parcel merger has been filed but that it was put on hold after the Planning Commission hearing. City Attorney Thorson advised that the City Council may impose a CondiUon of Approval requiring the removal of the fencing within a specified time if outside storage ware to occur, noted that prior to enforcing the condition, the Planning Commission must hold a public hearing to determine failure of adhering to the Condition of Approval; suggested that the Council approve two Conditions of Approval - one to prohibit outside storage and another which would address the number of allowable violaUons prior to it being reviewed by the Planning Commission for possible revocaUon of the fencing; and clarified that imposiUon of a condition with regard to the outside storetie would grant the City the authority to address this issue. Deputy City Manager Thornhill advised, for Mayor Ford, that each proparty must adhere to its own parking requirements and if those requirements are not met, the owner must apply for an adjustment. 11 Commenting on the Citys need for such units and noting that once a business outgrows such a unit and parking requirements are no linger met the mr/tenant could relocate to a larger sits within the City; Itemfore, in light of the proposed changes, Mayor Pro Tem Stone, echoed by Cou nd lman Roberts, spoke in support of the requesL ~ As wall commenting on the Citys need for such a project, Deputy City Manager Thornhill spoke in support of Ihe proposed project with lhe proposed chmges relative to fencing material, block wall. conditions of approval with regard to outside storage and number of allowable vlilgdons prior to it requiring a Planning Commission public hearing. Mr. Thornhill noted that the Fire Department had expressed no concern with regard to this project Echoing Mayor Pro Tem Stone's comment with regard to the City's need for such a project, Coundlman Comerchero relayed his apprehension with regard to the fencing but advised that his primary concern was with regard to the outaide storage, noting that this concern has been addressed. Although he would fevor the elimination of additional fencing, Councilman Comemhero relayed his support of the project if the elimination of the gates ware acceptable. If the canter gates ware removed, Councilman Undemans relayed his support of the project Following some additional discussion with regard to the fencing and the gates, it was the consensus of the City Council that the fencing be set back two parking spaces for each unit, thereby, providing additional room in front of the gate and less room behind the gate and, thereby, decreasing the potential space for outside storage. Mr. Markham voiced no objection to Council's recommendation to set the fencing further back and as well agreed to eliminate the center gates (6 total) but relayed the applicenrs desire to retain the cross fencing to property delineate paridng spaces per unit. In response to City Attorney Thorson's comments, the following motion was offered: MOTION: Mayor Pm Tem Stone moved to direct staff to amend the proposed resolution to appropriately reflect the changes as recommended by the City Council and to agendize the matter for the February 23, 1999, City Council meeting. The motion was seconded by Coundlman Robeds.and voice vote reflected unanimous approval. At 9:04 P.M., Mayor Ford called a shod recess and reconvened the meeting at 9:16 P.M. 26 Appeal of the Planninn Commission's Aooroval of Pininn Application No. PA98-0219 (Conditional Use Permit1 - Cox Communications Wireless Personal Communications System (PCSI with antennas mounted atop a 60 -fi~ot hmnh monopole disnuised as an evercareen oine bee ("monom}ine") at the Rancho Colifomia Water District water tank site at 3100 Rancho California Road RECOMMENDATION: 26.1 Adopt a Notice of Exemption for Planning Application No. PA98-0219; 26.2 Adopt a resolution entitled: 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA984)219 (CONDITIONAL USE PERMIT- APPEAL) UPHOLDING THE PLANNING COMM ISSION'S DECISION TO APPROVE PLANNING APPUCATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRFI FSS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (t) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE ("MO NOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOWS PARCEL NO. 953-0604)22 Although staff had as well expressed some concam with regard to the aestheUcs of the proposed rnonopole, Deputy City Manager Thornhill presented the staff report (of record.) and advised that, in light of given sludles indicating that such facilities pose no health problems, staff has no concern with regard to this issue; and advised that the zoning for this facility is in conformance with the City's General Plan. City Attorney Thorsen noted that Councilman LindearLs had appealed this matter on the basis of the importance of the issue and the need for the City Council to mvlevv it; aclvisad that the appeal documents are contained in the record; and noted that the applicant has the burden of proof. In response to the residents' concern relative to health throats posed by such · facility, City Attorney Thorson referenced the opinions of several experts in the electromagnetic emissions field which is that them are not health risks associated with such facilities. Mr. Thorson as well referenced Federal law which states that no State or Io govemment may mgulata placement, constructk~n, or modffication of personal wimcatess service facilities on the the basis of environmental affects of electromagnetic emissions. He noted that 'the Federal govemmant has assumed jurisdiction over this issue which precludes any State/County/City regulations. At this time, Mayor Ford opened the public hearing. Mr. Grag Morrison, representing Cox Communications, addrassecl several concams/questions from the City Council, noting the following: · that the Pacirm Bell site is 50' high and Ilkat it was constructed in 1996 pdor to the construction of the existing homes; · that alternative sites were explored but in light of the existing water lank end the existing pole viewed this as the most suitable location; · that the proposed pole could be 60' high but that the extra branches for aesthetic purposes raises the height to 65'; · that ha has attempted to address the residents' concerns with regard to the health issues in ~arious ways including wdtten communications from the Amedcan Cancer Sodsty; Mr. Morrison provided additional exp(enation of radio signal frequency;, · that the 65' pole raises no FAA concerns; 13 · that a majority of the pole will be Iocmed behind lhe existing water tank and Ihst the residents will actually see appmximmely 30' of the pole; · that sdd*ionsl fciiqle ~uld be provided to furlher eddress the aesthetic ap!>s~snce and to hide ~ panels; · met the life expec~nc~ of lhe ~ke foliage is approximately 5 to 10 yearn, advising that the Planning Commission had added w condition requiring inspection of the foliage every couple of yeers to ensure aesthetic m,,intenance. Mr. Paul Gonzalez, representing the Water District, informed the Coundlmembers that he was in attendance to answer any questions and/or concerns. Referencing the FCC's ruling regarding the placement, construction, and modification of personal wireless services, Mr. Larry LeDoux, 32004 Medot Crest, noted that the ruling does provide the local agency the ability to regulate placement of such facilffies and stated that the City may deny such a facility. Concurring with Mr. LeDouX's comment, Mayor Pro Tern Stone noted that the City may deny such a facility as long as it is not based on health concerns as preempted by the Federal government. Viewing the proposed project as visually unacr.,sptable, Mr. Frank DiGlacomo, 32032 Idledot Crest, relayed his opposition to the proposed project and suggested Ihmt the City Council determine whether or not them may be a conflict of interest between the Board Members for Cox Communications and the Water District, In response to Mr, DiGiacomo's comment, Mayor Pm Tern Stone noted that the Board Members of the Water District am elacted officials and, therefore, must adhere to annual filing requirements of the Fair Political Practice Commission, Submitting a petition in objection to the project, Mr. Shawn Bierle, 32018 Medot Crest, questioned the cumulative impact additional facities of this kind would have on the noted healffi concerns; viewed the public notification process for this project as limped; objected to the visual appearance of this facility; and stated that such a facility should not be located in a residential area. City Attorney Thorson noted that the City may deny this project as long as substantial evidence can supped the denial and that it not be related to aesthetic appearance. Mayor Pro Tem Stone suggested that the height of the tower be lowered. Coundlman Undemans relayed his concams with such facilities with regard to aesthetic appearance and health issues. :. Viewing the site as aesthetically unpleasing, Councilman Robefix as well commented on the cumulative impacts such fadlilies may have on the heallh issues end, therefore, suggested the exploration of anoltmr location. Referencing the communication from the American Cancer Society, Mayor Pro Tam Stone voiced no concam wi~ regard to electrornagneUc emissions; noted that the ares of discussion has bean zoned to accommodate a facility such as the one which is being proposed; objected to the proliferetion of such poles end, therefore, suggested that the Zoning Ordinance be 14 readdressed end that architactuml guidelines for such f~cilities be mated; and stated that such facilities should require regularly mduled evaluations to address health conceal If this project were approved, Mr. Stone suggested the formalion or s subcommittee comprised or City Councilmembers and the msidmqt~ in order to create m suitable design. Although echoing the concern or cumulilive impact or such t~cilitie8, Councilmen Comerchero spoke in suppod or the project but relayed his desire the periodic maintenance inspections be conducted as imposed by the Planning Commission and further clmrfied that such inspecans should be conducted .every two,yearn. Although he is not or the opinion that these type or facilities create a health risk, Mayor Ford relayed a concern ms to the pmliferetion or such f. cilities. If the City were to deny this project, Mr. Ford noted that the project would be appealed at which time the City would have no enforcement guidelines. Mayor Ford suggested that Cox Communications explore mlterr~tive sites. Noting bhat although the zoning for the site is accurate, Mr. Ford advised that such zoning was initially intended for the Water District tank. City Attorney Thorson suggested that the public heating hot be closed in order to give the applicant the opportunity to investigate sltemstive sites as well as to explore alternative foliage coverings for aesthetic purposes. MOTION: Councilman Comerthem moved to keep the public headn0 Open and to direct slaft to address with the applicant alternative sites as well as address the aesthetic appearance and that the matter be continued to the March 23, 1999, City Council meeting. The elion was seconded by Coundlman Robarts end voice vote reflected unanimous approval. COUNCIL BUSINESS 27 Award or Construction Contract for Pale Road Bridae Proiect- Prolect No. I:NV97-15- Federal Project No. BRLS-5459(0031 RECOMMENDATION: 27.1 Aw. rd a con~'uction contract for the Pale ROad Bridge Project - Project No. PW97- 15 to-Granite Constmclion Company in the amount or $4,398,574.00 and authorize the Mayor to execute the contract; 27.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount or $439,857.40, which is equal to 10% of the contract amount; 27.3 Accelerate the funding by transferring the budgeted amounts in FY 1999-2000 to FY 1998-1999. The total amount or transfer is $4,600,700.00 to the various accounts as follows: · Environmental $ 780,000.00 · Administration $ 820,700.00 · Construction $3,000,000.00 15 Director of Public Works Kicak reviewed the staff report including ~ amended supplemental material (of record) and provided clarification as to the timing of the various phases of Iffis project. MOTION: Coundlman Roberrs moved to approve staff recommendation. The motion was seconded by Mayor Pro Tam Stone and voice vote refle.clld unanimous approval. CITY MANAGER'S REPORT On behaff of City sift, Actin~ City. Manager Nelson wished retiring Public Works Dimmr Kjcak and his wife a joyous retirement end noted that Senior Engineer Hughes will be serving as the Acting Public Works Director. In closing, he wished his wife, Stephanie, a Happy Birthday. In light of the contributions the City has benefilad as a result of ratidng Public Works Director Kicak's experience and background, Mayor Pro Tam Stone requested that the naming of the Public Works Yard be agendized for the next City Council meeting and suggested that it be named the Joe Kicak Public Works Yard. CITY ATTORNEY'S REPORT City Attorney Thorson advised that them were no reportable actions from the Closed Session under the Brown Act. ADJOURNMENT At 10:40 P.M., Mayor Ford formally edjoumed the City COuncil meeUng to Thurscly, February 18, 1999, 5:00 P.M., forthe purpose of Closed Session with a Workshop meeUng scheduled at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecule, California. ~teven J. Ford, Mayor ATTEST: S.usan W. Jones, [SEAL} 16 ATTACHMENT NO. 7 STAFF REPORT TO THE CITY COUNCIL DATED FEBRUARY 9, 1999 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRpT~219pa98,CC STAFFRPT-Appeal 5..25-99,doc 18 APPROV. iTY ATTORNEY ~ IRECTOR OF FINAN CITY MANAGER ,-- TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~: ::~---- Gary Thornhill, Deputy City Manag~F" February 9, 1999 Appeal of the Planning Commission's Approval of Planning Application No. PA98-0219 (Conditional Use Permit) - Cox Communications wireless Personal Communications System (PCS), with antennas mounted atop a 60-foot high monopole disguised as an evergreen pine tree ("monopine") at the Rancho California Water District water tank site at 3100 Rancho Califomia Road Prepared by: Carole K. Donahoe, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council 1. Adopt the Notice of Exemption for Planning Application No. PA98-0219; 2. Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219. (CONDITIONAL USE PERMIT- APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-O219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. \\TEMEC_FS201 ~)ATA~)EPTS~PLANNING~STAFFRPT~219pa98.CC STAFFRPT-Appeal.cloc 1 BACKGROUND: The project was submitted on May 20, 1998 by Cox Communications representative TDL Inc. On June 10, 1998 'I'DI agreed to meet with staff and members of the Chardonnay Hills Homeowners' Association at the project site to hear concerns of adjacent property owners. For the next three months 'T'DI and staff worked togetherto research alternative locations and monopole heights. On October 14, 1998 'I'DI presented a creative solution to address the concems of the adjacent homeowners, by lowering the antennas on the monopole to 60 feet, and by disguising the pole and antennae as a pine tree. The modified proposal 'was sent to and was endorsed by the Chardonnay Hills Homeowners' Association Board of DirectOrs. A Directors Hearing was c~nducted' on November 12, 1998. Five homeowners from the new Appalachia tract located to the south of the project site testified regarding the emission of electromagnetic fields (EMF) from the Cox equipment. They protested the time of the hearing because it was conducted when residents work, and requested a continuance in order to investigate the project. The Planning Director concurred with the request for a continuance, and asked staff to schedule the item on a Planning Commission agenda in order to provide a more convenient public hearing at 6 p.m. Staff advertised this case for the Planning Commission's December 16, 1998 hearing. On December 16, 1998 the Planning Commission heard testimony from the applicant's representatives including Dr. Jerrold T. Bushberg. The Commission also received testimony and a petition in opposition from adjacent homeowners on Medot Crest Dr~ve in the Appalachia tract. The Commission continued the case to January 6, 1999 and asked the applicant's representatives to consider altemative sites and to provide copies of the selection reports that determined the proposed site. The Commission also asked the City Attorney to provide information on case laW involving cellular fadlities and the regulations that specify or limit the Commission's action. On January 6, 1999 Planning Commissioners discussed the site selection process with the applicant and preemption rulings with the City Attomey. The Commission took testimony in opposition from three residents on Medot Crest. Drive. At the conclusion of the hearing, the Commission approved the project by a vote of 2 to I with two Commissioners abstaining due to a possible conflict of interest. On January 12, 1999 the City Council heard oral communications from Larry LeDoux, a resident on Medot Crest, who requested that the Council overturn the Planning Commission's deQsion. On January- 12, Councilman Karel Lindemans filed a formal appeal of the Planning Commission's decision, stating that the project involved landuse concerns that should be heard by the City Council. ANALYSIS: · Mr. LeDoux expressed concems regarding the potential for health hazards and the lack of proof that wireless facilities are safe. He protested federal law that pre-empts local jurisdictions from denying the siting of wireless facilities based on environmental concerns due to radio frequency transmissions. Environmental Preemption The concem regarding electromagnetic fields (EMFs) surfaced in the 1980's, and as a result, several organizations reviewed the issue and developed standards for protection against radio frequency emissions. Study after study has concluded that there is no demonstrated evidence that exposure to wireless service facilities is harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by vadous entities and regulates the certification of their facilities. The 1996 Act expressly preempts state anti local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of environmental effects. The City Attomey has recommended that the project be conditioned to provide annual evidence of recertification by the FCC, in order to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9 has been included to require this. \\TEMEC_FS201 ~)ATA,~:)EPTS~DLANNiNG,,STAFFRpT~I 9pa98.CC STAFFRPT-AppeaI.~Ioc 2 Land Use Compatibility -- The applicant proposes to locate the Cox Communications equipment on a site zoned for Public ano Institutional facilities. The site is owned by the Rancho California Water Distdct and currently has two existing above-ground water tanks and associated pump equipment, as well as a 50-foot high Pacific Bell monopole with ground-mounted equipment. The proposed Cox PCS facility qualifies as a utility and is permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to tiie extent possible in both residential and non- residential land use designations. The water tanks and Padtic Bell monopole existed at the site pnor to the construction of homes on Medot Crest Ddve. Project Desiqn The applicanrs representative has worked diligently and cooperatively with staff to address aesthetic concerns. The monopine and ground-mounted equipment are proposed to be located on the north side of the water tanks, approximately 130 feet east of the existing Padtic Bell monopole. Three (3) Italian Stone Pine trees and an irrigation system to service them will be installed north and east of the equipment, to add credence to the disguised monopine. The equipment is proposed to be located over 400 feet from the nearest residence on-Medot Crest Ddve and approximately 1,100 feet from the nearest residence in the Chardonnay Hills subdivision to the north. FISCAL IMPACT: Negligible, either with or without the project. · SPECIFIC ACTION: The Planning Commission recommends the City Council deny the appeal and uphold the approval of Planning Application No. PA98-0219. The telecommunications industry is regulated with standards in place for the protection of the public health. safety ant~ general welfare. The proposed Cox Communications facility complies with these standards an~ the project has been conditioned to provide continuous recertification by the Federal Communications Commission. The project meets City zoning recluirements. guidelines and policies regarding land use compatibility and project design. Approval of the project is based upon the following findings: FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non-residential land use designations. The existing Pacific Bell installation and water tanks at the site provide such an area. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and othe"' development features prescribed in the Development Code and required by the Plannin,. Commission or Coundl in order to integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree and has provided three additional Italian Pine trees to assist in the disguise of the "monopine." \\TEMEC_FS201 ~ATA~::)EPTS~PLANNING~STAFFRP'R219pa98,CC STAFFR PT-Appeal.~loc 3 The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result, several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Study and after study concluded that there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of vanous standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifications of wirelessservice facilities on the basis of environmental effects. The City Attorney has recommended that tile project be conditioned to provide annual evidence of recertification by the FCC, in order to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9 has been included to require this. The decision to approve, conditionally approve, or deny the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the City council. Attachments: 3. 4. 5. 6. City Council Resolution No. 99- - Page 5 Exhibit A - Conditions of Approval - Page 9 Appeal of the Planning Commission Decision - Page 10 Draft Minutes of the Planning Commission heanng of December 16, 1998 - Page 11 Draft Minutes of the Planning Commission hearing of January 6, 1999 - Page 12 Staff Report to the Planning Commission dated December 16, 1998 - Page 12 Staff Report to the Planning Commission dated January 6, 1999 - Page 14 \\TEMEC_FS201 ~DATA~)EPTS~PLAN NiNGtSTAFFRpT%219pa98.CC STAFFR PT-AppeaLdoc 4 PUBLIC HEARINGS 15 Appeal of the Planning Commission's Approval of Planning Application No. PA98-0219 (Conditional Use Permit) - Cox Communications Wireless Personal Communications System (PCS) with antennas mounted atop a 60-foot high monopole disguised as an evergreen pine tree (monopine) at the Rancho Califomia Water District water tank site at 3100 Rancho California Road RECOMMENDATION: 15.1 Continue to the April 13, 1999, City Council meet!ng. MOTION: Mayor Pro Tem Stone moved to continue Agenda Item No. 15 to the Apdl 13, 1999, City Council meeting. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. AGENDA ITEM NOS. 17 AND 18 CONSIDERED OUT OF ORDER (see page two for action) 17 Second Series of 1999 General Plan Land Use Map Amendments (Campos Verdes Specific Plan; Norm Reeves site on Jefferson Road: portions of Kahwea Road and Avenida del Reposo and Nob Court: Jefferson Road/Winchester Detention Basin: and northwest of Winchester and Nicholas Road RECOMMENDATION: 17.1 Adopt Addendum No. 4 to the previously certified Environmental Impact Report (EIR No. 348) certified for'the Campos Verdes Specific Plan (Planning Application No. PA99-0016 ); 17.2 Make a Finding for Planning Application No. PA99-0022 that the impacts of these Genera. Plan Amendments and Zone Changes constitute a reduction in overall impacts and, as a result, fall within the environmental impacts previously discussed in the Final Environmental Impact Report for the General Plan; 17.3 Approve a Mitigate Negative Declaration with a De Minimus Impact Finding for Planning Application No. PA98-0511; 17.4 Adopt a resolution entitled: RESOLUTION NO. 99-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL .PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY FOR THE SECOND GENERAL PLAN LAND USE MAP AMENDMENT FOR 1999 (PLANNING APPLICATION NOS. PA99-0016, PA99-0022, AND PA98-0511) Minutes\032399 AT!'ACHMENT NO. 8 MINUTES OF THE CITY COUNCIL HEARING OF MARCH 23, 1999 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT'~.I 9pa98.CC STAFFRPT-Appeal 5:-25-99.doc 19 ATTACHMENT NO. 9 STAFF REPORT TO THE CITY COUNCIL DATED MARCH 23, 1999 \\TEMEC_FS201\DATA',DEPTS\PLANNING\STAFFRPT~19pa98.CC STAFFRPT-Appeal 5-25-99.doc 20 APPROV TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager March 23, 1999 Appeal of the Planning Commission's Approval of Planning Application No. PA98- 0219 (Conditional Use Permit) - Cox Communications wireless Personal Communications System (PCS), with antennas mounted atop a 60-foot high monopole disguised as an evergreen pine tree ("monopine") at the Rancho California Water District water tank site at 3100 Rancho California Road Prepared by: Carole K. Donahoe, Associate Planner RECOMMENDATION: Staff recommends that this case be continued to the Apdl 13, 1999 City Council meeting. This case was heard by the City Council on February 9, 1999 at which time the Council continued the matter to .March 23, 1999. The Council asked the applicant to review alternative sites previously considered and to explore other possible alternative sites. Staff has had several discussions with the applicant and continues to offer assistance. R:\STAFFRPT~219pa98.CC STAFFRPT-Appeal 3-23-99.~1oc 1 ATTACHMENT NO. 10 MINUTES OF THE CITY COUNCIL HEARING OF APRIL 13, 1999 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRpT~219pa98.CC STAFFRPT-Appeal 5-25,-99.doc 21 17 Second Readincl of Ordinance No. 99-09 RECOMMENDATION: 17.1 Adopt an ordinance entitled: ORDINANCE NO. 99-09 AN ORDINANCE OF THE CITY COUNCIL TEMECULA AMENDING SECTION NO. TEMECULA . MUNICIPAL CODE PERTAINING COMPENSATION FOR CITY COMMISSIONERS OF THE CITY OF 2.40.100 OF THE TO MONTHLY 18 Second Readinq of Ordinance No. 99-10 RECOMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 99-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING STORMWATER URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS IN COMPLIANCE WITH THE NATIONAL PLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM AS AN AMENDMENT TO TITLE 8 OF THE CITY OF TEMECULA MUNICIPAL CODE MOTION: Mayor Pro Tem Stone moved to approve Consent Calendar Item Nos. 1-18. The motion was .seconded by Councilman Roberts and voice vote reflected unanimous approval. At 8:01 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:15 P.M., the City Council resumed with regularly scheduled City Council business. ' ' PUBLIC HEARINGS 19 Appeal of the Plannin.cl Commission's Approval of Plannin.cl Application No. PA98-0219 (Conditional Use Permit) - Cox Communications Wireless Personal Communications System (PCS).with antennas mounted atop a 60-foot hiqh monopole dis.cluised as an evetureen pine tree (monopine) at the Rancho California Water District water tank site at 3100 Rancho California Road RECOMMENDATION: 19.1 Adopt the Notice of Exemption for Planning Application No. PA98-0219; 19.2 Adopt a resolution entitled: Minutes\041399 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1). GLOBAL POSITIONING. SYSTEM. (GPS) ANTENNA, .AND. SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE (MONOPINE) LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022 By way of overheads, Deputy City Manager Thornhill presented the staff report (as per agenda material), advising that'Mr. Ron Guerriero, Chairman of the Planning Commission, will be abstaining with regard to this matter but that Planning Commissioner Naggar is in attendance to address any City Council concerns, questions, etc. For Councilman Lindemans, Mr. Thornhill reviewed the applicant's review process of other viable locations and noted that no second opinion had been provided as to the requested location. At this time, Mayor Ford opened the public hearing. By way of overheads, Mr. Greg Morrison, representing the applicant, reviewed the applicant's rationale as it relates to the proposed site; noted no objection to work with staff as it relates to proposed and additional landscaping along the south slope as well as a landscaping maintenance program. In response to Councilman Comerchero's desire to provide sufficient landscaping, Mr. Morrison voiced no objection to exploring the use of other types of fast-growing trees; noted t'hat foliage coverage could be lowered on the pole; advised that this third pole would sufficiently service the entire City; and stated that in the event Cox Communications were to change its technology to satellite, the applicant would be willing to remove the pole at the applicant's expense. Councilman Roberts suggested that the City Council consider a zoning amendment and that until such an amendment has been considered that a moratorium 'be considered. Mr. Roberrs as well suggested the use of Eucalyptus trees, which are fast-growing trees and drought resistant, and recommended that proper and similar screening be provided for the fence. By way of topographical maps, Mr. Shawn Bierle, 32016 Merlot Crest, referenced other possible sites which would not have neighboring residential homes; relayed his and numerous residents opposition to the proposed site; and presented a petition of opposition. Noting that the proposed pole would be placed on property owned by the Rancho California Water District, Mr. Frank Digiacomo, 32032 Merlot Crest, reiterated a previously noted concern Minutes\041399 10 as it relates to Conflict of Interest for the Board of Directors for the Water District. Considering the visual plight of the proposed site, he noted his objection to it. In light of his experience with radio frequency, Mr. Mike Burton, 30366 Santa Cecilia, noted that the amount of radio frequency exposure from the proposed pole will not create a health risk hazard and relayed his support of the site. Mr. John Camp, 32012 Merlot Crest, as well relayed his opposition to the proposed site. In response to Mayor Pro Tem'St0ne, Deputy City Manager Thornhill noted that such antennas ' are not permitted in residential zones and that he would review the topographical maps presented by Mr. Bierle to determine other allowable locations. Relaying his opposition to the proposed site, Councilman Lindemans commented on the Council's ability to consider a General Plan amendment. Mr. Lindemans requested that a second opinion as to the proposed location be provided; viewed the proposed pole as aesthetically unpleasing; and voiced no concern as to health risks. Although a General Plan amendment could be considered by the City Council, Mayor Pro Tem Stone noted that this applicant has attempted to mitigate any potential impacts. With regard to the proposed landscaping, Mr. Stone noted that it will as well address the visual appearance of the existing tank and pole. For Councilman Roberrs, City Attorney Thorson provided clarification of those consequences associated with denying the proposed request, noting the following: that although administrative remedies have to be exhausted, the applicant may appeal to the Public Utilities Commission (PUC) of the State; that the PUC has the reserved jurisdiction over the citing of these facilities; and that the City Council may submit conditions of approval to the PUC to uphold the Council's aesthetic conditions.. MOTION: Councilman Lindemans moved to uphold the appeal and deny the project. The motion was seconded by Mayor Ford. (This motion was ultimately withdrawn; see below.) Reiterating his previous comment, Mayor Pro Tem Stone noted that by way of additional landscaping, the applicant has undertaken measures to mitigate the aesthetic appearance; that health risks are not an issue of concern; that the denial of this project could compromise the City's radio frequency need during an emergency; that the City Council could review a General Plan amendment but that it should not preclude the applicant from constructing the requested pole; and that he, therefore, would oppose denial of the request, Although the applicant has undertaken measures to mitigate any potential impacts, Mayor Ford relayed his opposition to the installation of a second pole and supported the exploration of alternative sites. In light of the comments, Councilman Roberts, echoed by CoUncilman Comerchero, suggested to continue this matter one more time in order to ensure that alternatives sites have been properly explored and in order to obtain a second opinion. Minutes\041399 11 Concurring with Councilman Roberts' suggestion, Councilman Lindemans, echoed by Mayor Ford, withdrew his originally made motion to uphold the appeal and deny the project. MOTION: Councilman Roberrs moved to continue this agenda item to the May 25, 1999, City Council meeting in order for staff to review the topographical maps with Mr. Bierle as well as the applicant and to receive a second opinion as to site location.- The motion was seconded by Councilman Lindemans and voice vote reflectedunanimouS approval. At 9:12 P.M., Mayor Ford called a recess and reconvened the meeting at 9:20 P.M. 20 Temecula Library Site Selection and Conceptual Plan RECOMMENDATION: 20.1 Approve the site selection on Pauba Road west of Parkview Fire Station 84 and preliminary conceptual plan for the Temecula Library; 20.2 Direct staff to negotiate with LPA for a scope of services and compensation for the completion of schematic design, design development, and construction drawings for the library facility. Deputy Director of Community Services Ruse reviewed the staff report (as per agenda material) and introduced Mr. Jim Wirick and Mr. Rick Dimado of LPA who, by way of a power point presentation, presented the conceptual site and building design. In response to Councilman Lindemans, Deputy Director Ruse noted that although staff has not been able to identify, at this point in time, grant funding for the library, staff will continue to explore all options. Councilman Roberts recommended that the City's lobbyist in Washington be directed to explore possible grant funding for the library. Ms. Grace Mellman, 36500 DePortola Road, encouraged the City Council to approve the Temecula site selection and conceptual plan.. MOTION: Mayor Pro Tem Stone moved to concur with the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 21 Old Town Redevelopment Advisory Committee Appointment RECOMMENDATION: 21.1 Appoint a member to serve an unexpired term on the Old Town Redevelopment Advisory Committee. Mayor Pro Tem Stone noted that he would be abstaining with. regard to this agenda item. City Clerk Jones presented the staff report (of record). Minutes\041399 12 ATTACHMENT NO. 11 STAFF REPORT TO THE CITY COUNCIL DATED APRIL 13, 1999 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'I'~.19pa98.CC STAFFRPT-Appeal 5-25-99.doc 22 CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager Gary Thornhill, Deputy City Manager DATE: April 13, 1999 SUBJECT: Appeal of the Planning Commission's Approval of Planning Application No. PA98- 0219 (Conditional Use Permit) - Cox Communications wireless Personal Communications System (PCS), with antennas mounted atop a 60-foot high monopole disguised as an evergreen pine tree ("mortopine") at the Rancho California Water District water tank site at 3100 Rancho California Road Prepared by: Carole K. Donahoe, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1. Adopt the Notice of Exemption for Planning Application No. PA98-0219; 2. Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. R:\STAFFRP'T'~. 19pa98.CC STAFFRPT-ADpeal 4-13-99.doc 1 BACKGROUND: On January 12, 1999 the City Coundl heard oral communications from Larry LeDoux, a resident on Merlot Crest, who requested that the Council overturn the Planning Commission's decision of January 6, 1999 approving this project. Councilman Karel Lindemans filed a formal appeal of the Planning Commission's decision, and the appeal was heard on February 9, 1999. After taking testimony, the City Council continued the matter and asked the applicant to consider alternative sites and an alternative design for the project. Staff met with the applicant several times since the hearing to discuss possible sites for the project. The applicant spoke with the owners of other potential sites and with the Cox engineers, and in all cases, were unsuccessful in securing an alternate site for the project. The applicant's efforts are detailed a letter which is attached to this staff report dated March 31, 1999 from John Murphy of TDI, Inc. With regards to an alternate design for the project, the applicant proposes to enhance the monopine with additional camouflaging options: 1 ) To install three Italian Stone Pine trees 48" box-sized rather than 36" box for faster growth 2) To install additional Italian Stone Pine trees on the property's south slope as an additional buffer between the site and the residential properties on Merlot Crest. ANALYSIS: Studies have concluded that there is no demonstrated evidence that exposure to wireless service facilities is harmful to people. The 1996 Wireless Communications Act expressly preempts state and local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of environmental effects. Wireless service providers may appeal local decisions to the state Public Utilities Commission which may overturn decisions and modify City-imposed Conditions of Approval. The proposed Cox PCS facility is permitted by Conditional Use Permit in the Public !nstitutionat zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential and non-residential land use designations, The water tanks and Pacific Bell monopole already existed at the site prior to the construction of homes on Merlot Crest Drive. The equipment is proposed to be located over 400 feet from the nearest residence on Mertot Crest Drive and aD!aroximately !,100 feet from the nearest residence ~n the Cnaraonnay Hills subdivision to the north. The applicant has worked diligently and cooperatively with staff to address the Council's concerns. The applicant's proposed design enhancements have been added to the Conditions of Approval. FISCAL IMPACT: Negligible, either with or without the project. SPECIFIC ACTION: The Planning Commission recommends the City Council deny the appeal and uphold the approval of Planning Application No. PA98-0219. The telecommunications industry is regulated with standards in place for the protection of the public health. safety and general welfare. The proposed Cox Communications facility complies with these standards R:\STAFFRP'P~219pa98.CC STAFFRPT-Appeal 4-13-99.doc 2 and the project has been conditioned to provide continuous recertification by the Federal Communications Commission. The project meets City zoning requirements, guidelines and policies regarding land use compatibility and project design. Approval of the project is based upon the following findings: FINDINGS: The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non-residential land use designations. The existing Pacific Bell installation and water tanks at the site provide such an area. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree and has provided six Italian Pine trees, 48" box in size, on both the north and south slopes of the site, to assist in the disguise of the "monopine." The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result, several organizations reviewed the issue and ceveioped stanc~ards for Lne protection against radio frequency emissions. Study and after s~uay concluded that there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifica[ions of wireless service facilities on the basis of environmental effects. The City Attorney has recommended that the project be conditioned to provide annual evidence of recertification by the FCC, in order to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9 has been included to require this. The decision to approve, conditionally approve, or deny the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the City Council. R:\STAFFRPT%219pa98.CC STAFFRPT-Appeal 4-13o99.doc 3 Attachments: City Council Resolution No, 99- - Page 5 Exhibit A - Conditions of Approval - Page 9 Correspondence dated March 31, 1999 - Page 13 Minutes of the City Council hearing of February 9, 1999 - Page 14 Staff Report to the City Council dated February 9, 1999 - Page 15 R :\STAFFRPT~219pa98.CC STAFFRPT-A,opeal 4-13-99.doc 4 ATTACHMENT NO. 1 CITY COUNCIL RESOLUTION NO. 99- R:\STAFFRPT~219pa98,CC STAFFRPT-Appeal 4-13-99.doc 5 ATTACHMENT NO. 1 RESOLUTION NO, 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT)TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BA'I'I'ERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. WHEREAS, Cox Communications PCS, L.P. filed Planning Application No. PA98-0219, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0219 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director considered Planning Application No. PA98-0219 on November 12, 1998, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the Planning Commission considered Planning Application No. PA98-0219 on December 16, 1998 and January 6, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application No. PA98-0219; WHEREAS, the City Council conducted public headngs pertaining to Planning Application No. PA98-0219 (Conditional Use Permit - Appeal) on February 9, 1999, and April 13, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA98-0219; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Reports regarding Planning Application No. PA98-0219; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:\STAFFRPT~219pa98.CC STAFFRPT-Appeal 4-13-99.doc 6 Section 1. FindinGs. That City Council, in denying Planning Application No. PA98-0219 (Conditional Use Permit - Appeal) and upholding the Planning Commission's decision approving Planning Application No. PA98-0219 (Conditional Use Permit) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; A. The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non- resic~ential land use designations. The existing Pacific Bell installation and water tanks at the s~te provide such an area. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree and has provided six Italian Pine trees, 48" box in size, on both the north and south slopes of the site, to assist in the disguise of the "mortopine." D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result, several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Study and after study concluded ins: there was no demonstrated evidence that exposure to wireless service facilities was harmful to people, As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of environmental effects. The City Attorney has recommended that the project be conditioned to provide annual evidence of recerti~cation by the FCC, in order to ensure compliance ,.,.'~'.h the FC2's regulations and sta.'m, dar:'s. Conditian of Approval No. 9 has been inciuded to reGulre this. E. The decision to approve, conditionally approve, or deny the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the City Council. Section 2. Environmental Compliance. The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing, in order to provide telecommunications service. R :\STAF FRPT'~2. 19pa98.CC STAFFRPT-Appeal 4-13-99.doc 7 Section 3. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA98-0219 (Conditional Use Permit) to construct a wireless Personal Communications System (PCS) facility consisting of twelve (12) panel antennas, one (1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a Base Transceiver Station (BTS) unit and other electronic and battery equipment. The antennas will be mounted atop a 60- foot high monopole, disguised as an evergreen pine tree ("monopine") located at the Rancho California Water District water tank site at 3100 Rancho California Road, and known as Assessor's Parcel No. 953-060-022, and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this thirteenth day of April, 1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss 5:TY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the thirteenth day of April, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\STAFFRPT'~.19pa98.CC STAFFRPT-Appeal 4-13-99.doc 8 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFRPT~I 9pa98.CC STAFFRPT-ApDeal 4-13-99.doc 9 CITY OF TEMECULA CONDITIONS OF APPROVAL Revised by City Council /Jpril 13, 1999 Planning Application No. PA98-0219 (Conditional Use Permit) Project Description: A Conditional Use Permit to construct and operate an unmanned telecommunications PCS facility, at the Rancho California Water District tank site, 3100 Rancho California Road, consisting of: Three (3) four-antenna arrays mounted onto a new 60-foot high monopole disguised to look like an evergreen tree ("monotree") A ground-mounted Base Transceiver Station (BTS) within equipment cabinets behind a six-foot high chain link fence with barbed wires above and with vinyl slat inserts (color to match existing water tanks) 3. An 18-inch high GPS antenna mounted to the BTS power cabinet. Assessor's Parcel No. Approval Date: Expiration Date: 953-060-022 April f3,1999 April13,2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project T~,e applicant/developer shall deliver to the Planning Department a cashier's cnecK or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants. contractors, legal counsel, and agents from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal R:\STAFFRPT%219pa98.CC STAFFRPT-Appeal 4-13-99.doc 10 board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial Planning construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by the approval. , This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. The development of the premises shall conform substantially with Exhibit "A" Site Plan, Exhibit "B" Elevations, Exhibit "C" Equipment Layout, and Exhibit "D" Details approved with Planning Application No. PA98-0219, or as amended by these conditions. Prior to the Issuance of a Building Permit: , The applicant shall submit for review and approval by the Planning Manager a revised elevation of the proposed monopine that shows additional limbs disbursed throughout the height of the pole, starting at 20 feet from the base, and which taper as the limbs approach the highest point. The applicant shall submit for review and approval Construction Landscape and Irrigation Plans. Three (3) Italian Stone Pine trees shall be installed at a minimum of 36" 48" boxed size, on the north side of the site in accordance with approved plans, and on the south side of the site. The applicant shaft submit a revised plan that locates the three trees on the south side of the site to the Planning Manager for review and approval prior to installation. (Amended by City Council, April 13, 1999) 10. All electrical wiring associated with the antenna shall be buried underground or hidden in a manner acceptsate ~o +,he =_,uiialng O~3c~aL 11. 12. Prior to The antenna must be adequately grounded, for protection against a direct stdke of lightning, with an adequate grounding method approve by the City of Temecula Building Official. Installation must meet wind velocity criteria as set forth in the Uniform Building Code when deemed necessary by the City of Temecula Building official. the Issuance of a Certificate of Occupancy: 13. The applicant shall replace any landscaping removed or damaged during the installation of equipment. R:~,STAFFRPT~219Pa98,CC STAFFRPT-Appeal 4-13-99.doc 11 14. The applicant shall submit to the Planning Manager a copy of the annual recerti~cation document issued by the Federal Communications Commission (FCC) that ensures compliance of the project with its standards and regulations. 15. The applicant shall periodically refurbish or paint as necessary to maintain the color and texture of the monopine as originally approved by the Commission. DEPARTMENT OF BUILDING AND SAFETY 16. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 17. Submit at time of plan review complete exterior site lighting plans for any new fixtures in compliance with Ordinance No. 655 for the regulation of light pollution. 18. Obtain all building plan and permit approvals prior to commencement of any construction work. 19. The Occupancy classification of the proposed buildings shall be U. 20. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 21. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 22. Provide electrical plan including load calcs and panel schedule for plan review. OTHER AGENCIES The applicant shall comply with the requirements of the Rancho California Water District, as noted in their correspondence dated June 9, 1998 attached. 24. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as noted in their correspondence dated June 19, 1998 attached. 25. The applicant shall comply with the requirements of the Riverside County Department of Environmental Health, as noted in their correspondence dated June 2, 1998 attached. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these Conditions of Approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date R:\STAFFRPT~I 9pa98.CC STAFFRPT-Appeal 4-13-99.doc 12 6- 9-98 Z:32 PI-~ ;R,~NCHC WAYB~ hncho 19aard of D:rector$ Gsaba F, Ko Pre~xder. t ~cott A. ZVlc[n~yTe Jeffrey L. Minkler Officers Joh. n F. H~nn~2'nr Be~t Be~t & Kmeger LLP June 9, 1998 Post-iP Fax Note 7671 To ~ [~ e,,. lzC D L' 64 Co"7 a4to t v=, ( oq) BY FACSIMILE TRANSMISSION (909) 694-6479 C1W of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: IIANNING APPLICATION NO. PA984}219 (MINOR CONDITIONAL USE PEILMIT) Dear Sir: In accordance with the City of Temecula Development Review Committee's request in connection with the above subject application, please be advised that the property m question is located within the boundaries of the Rancho California Water District (RCWD). Currently, RCWD is considering entering rote a lease agreement with the applicant, Telecommumcations Development and Innovations (TDI)/Cox Communications for the purpose of installing cellular communications eqLLlpment at our reservoir site. RCWD's conditions for a lease agreement would reqmre that the Lessee meet the following requirements: · The equipment be placed so as not to interfere with the current or future use of this site, including RCWD's future plans to install radio transmicsion equipment for the SCADA System (frequencies must be compatible). RCWD's Operations Department requests that a frequenc~ interference study be performed at the expense of Cox Commumcations to verify compatibility of transmitting frequencies. · A separate power meter be obtained at the site from Southern California Edison (SCE). · All necessary City permitting processes be obtained prior to constructiota · Any Calfforma En~,ironmental Quality Control Act (CEQA) requirements be addressed and complied with. · Adjacent property owners be notified of the proposed facilities and operations. Upon successful completion of the aforementioned requirements, and others, construction of TDI's facilities will be allowed by RCWD. P. amcho CaUfornta we mr Dl~lrt~ 42135 Wmchesur Rtmd . P04t Office Box 9017 · Ttmc~ula, California 92589-9017 · (909,675-4101 · FAX (909) 676-4~15 City of Temecula Page 2 June 9, 1998 If you have any questions regarding tlUs mare, the items listed, please contact me. sincerely yours, ~RAN~~RN~A WATER D Paul J. Gonz~l'e'z General Services Manager or ff you need further clarification of h'\lSrcJ~\ca-z~Xio~zalgg'~9~132.c[oc DAVID P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CON'I OL AND WATER CONSERVATION DISTR/CT 1995 MARKET STREE' RIVERSIDE, CA 9250! 909/2.7'5(-1200 909/788-9965 FAX 51180.1 City of Temecula Plannin De artment Post 9033 Temecula. Galifomia 92589-9033 Attention: ~ ~ ~ D / ~ ~ N ~ H O E Ladies and Gentlemen: Re: P ~ ~e Dist~ d~s not no~ally r~mmend ~ndi~ons br land divisions or o~er land use ~ses in in~ rated provid~ Area 8m~ge Plan fees (development mi~gation fes). In addition, info~a~ of a gene~l ng~Sre ~e Distn~ has not review~ me pronged proj~ jn detail and ~e f~lo~ng ~ ~mments do not jn any way ~nshtme or imply Disffi~ approval or endo~ement of me pm~s~ pmj~ ~ res~ to ~ h=~=~, public health and safeW or any o~er su~ jssue: ~/~is prgj~ would not be jmpa~ed by Dis~ Master D~inage Plan hdliti~ nor are o~er ~dlifies of r~jonal ~nterest pronGS. ~is proje~ involves Di~ Master Plan ~dl~es. h Distd~ ~11 a~ t o~emhjp of su~ hdljties on ~en requ~t of ~e Ci~. Famines mu~ ~ ~nstm~ to Dis~ s~n~s, a~ Dis~ lan ~e~ and Master Drainage Plan. ~e Dis~ wob~ ~nsider a~p~ng o~emhip of su~ ~al~es on ~en r~uest of ~e Ci~. Fadlffies must ~ ~~ to Dis~ s~ndards, and D~sffi~ ~an ~ and ins ion ~11 be r~uir~ for Dis~ a~p~n~. Plan ~, ins~on and administm~ve fees ~11 ~ r~ui~ ,// ~is projea is I~t~ ~ffiin ~e lim~ of ~e Dis~'s H a~teT~ Drainage Plan for ~i~ dmina e f~s ~ve ~n adopt~ apph~ble tees s~ould ~ 81~ b ~shiers a~ua~ ~L be pa~d should De at the rote in eftera GENE~L INFORB~ON Ci~ has dete~ined ~at ~e pmj~ has ~n gmnt~ a ~ or is sho~ to ~ exempt. not be given un~l ~e If this pro'e~ involves a F~eml Eme~en~ Management Age~ (FE~ ma fl~ lain ~en · ' If a natural water~ume or reaped fl~ plain ~s im a~ by ~is proj~, ~e Ci should r~uire the a li~nt to obtain a Se~ion 1601/1603 Agr~ment from ~e Ca~omia DepaRment of Fish a~ Game and a Clean ~ater Seaion 4~ Petit from the U.S. A~y Co~s of Engineera or ~en ~ffes~ndence from these a en~es indicting the proje~ is exempt from these requirements. A Clean Water A~ Se~on 401 Water Quail CeSSation ., ~k Ve~ truly yours, STUART E. MCKIBBIN Senior Civil Engin~r C: TO: FROM: RE: County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH CITY OF TEMECULA PLANNING DEPARTMENT T/N: Carole Don e, AICP ~ CONDITIONAL USE PERMIT NO. PA98-0219 DATE: June '~ 1998 The Dcpartmcnt of Enviromental Health has received and reviewed the Conditional Use Permit No. PA98-0219 and have no objections. If permanent structures for employees are required that maintain restrooms. this Department will require "will serve letters" from the sewer and water agency. CH:dr (909) 955-8980 ATTACHMENT NO. 2 CORRESPONDENCE DATED MARCH 31, 1999 F~:\STAFFRPT',219pa98.CC STAFFRPT-A,opeal 4-13-99.doc 13 t C i Telecommnnlca~ons Ik'~opments & Innovations TI:)LIoc. 3150BrtstaSln~ State 250 C,4~a Mesa, CA 92626 March 31, 1999 714'668'8288 Fax 714,668,8289 City of Temecula 43200 Business Park Drive Temecula, CA 92589 Dear Mayor and Council Members: Cox Communications PCS L.P. respectfully requests that the decision to approve Planning Application PA98-0219 by the Planning Commission be upheld by the City Council. We appreciate the suggestions the City Council made at the February 9 meeting regarding our application. Cox remains committed to being as responsive as possible to the Council's requests. There are very specific guidelines used in selecting a monopole site, the most critical of which are zoning approval, property owner approval, and testing for optimum radio frequency (R.F) signal communication with other existing antennas which requires a maximum distance of 3miles between antennas. Please f'md listed below our response to Council requests to locate other suitable locations and provide adequate illustrations of the mortopine design. We believe our responses will demonstrate that Cox has worked diligently to address these issues. 1) Efforts to locate other suitable sites. Cox has researched a total of 5 different locations within and adjacent to the established search ring and within the City's zomng restrictions for this area. A short synopsis of these sites is listed below and a location map is also attached. 31008 Rancho California Road (map candidate C) Owner/Tenant: Rancho California Water District (RCWD) Status: Current Site. This proposed location often the best system coverage and signal communication with existing antennas within the City. The antenna would also be located near an existing PatBell antenna and other utilities, which is recommended by City ordinances. Moving this proposed location, even within a designated search ring, will impact signal strength and system coverage. 41280 Berkswell Lane (map candidate A) Owner/Tenant: Mobile Home property Status: In addition to zoning restrictions, research by our radio frequency engineers indicates this is also a technologically infeasible site due to surrounding topography and the distance from existing antennas, impacting antenna signal communication and coverage. City of Temecula March 31, 1999 Page 2 32720 Rancho California Road (map candidate B) Owner/Tenant: Calloway Winery Status: Property owner indicated that they were not interested in our proposal, as it would require them to enter into a long-term lease and interfere with current property improvements. 32575 Rancho California Road (map candidate E) Owner/Tenant: Thorton Winery Status: The property owner was willing to discuss possible options for locating on the property. However after further research by our radio 'frequency engineers it was determined that this location is technologically infeasible due to the surrounding topography and that the distance from existing antennas could not adequately complete a signal. 33820 Rancho California Road (map candidate D) Owner/Tenant: Mount Palomar Winery Status: The property owner was willing to discuss possible options for location on the property, however after further research by our radio frequency engineers it was determined that this location is technologically infeasible due to the distance from existing antennas that could not adequately complete a signal. 2) Stealthing options. Cox has provided a stealthing option for the antenna in the form of an artificial Italian Stone pine tree. As a condition for approval from the Planning Commission, Cox is required to place three 36" box live Italian Stone 9ines ne~ '.abe b~e of the mnt~p_na for added ce,.'_-m~e. However. :2 an effort to further disguise the antenna. Cox would be willing to increase me size of the pine trees from 36" to 48"boxes. Cox would also entertain the option of providing additional pine trees on the slope of the southem side of the water tank as an additional buffer between residential property and the antenna site. At~er approximately 10 months of thorough research and review with planning staff, we are cor',.~dent ti,'ds site not ordy ccns':.-s wit: :2~.e Ci~' ~rdinances bu: '~,~iI aiso provide for the best service coverage to Temecula and Southwest County resicients. Thank you for your time and consideration. Sincerely, TDI, Inc. ATTACHMENT NO. 3 MINUTES OF THE CITY COUNCIL HEARING OF FEBRUARY 9, 1999 R:\STAFFRPT',219pa98.CC STAFFRPT-Appeal 4-13-99.doc 14 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 9, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:00 P.M. It was duly moved and seconded to adjourn 'to Closed Session pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28721 Front Street, Temecula (APN 922-073- 017 and 922-0046-022 and 922-073-024). The negotiating parties are the Redevelopment Agency of the City of Temecula and First and Front, LLP and Cleveland Investment Company. Under negotiation is the pnce and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. 2. Conference with City Attorney and legal counsel pursuant to Govemment Code Section 54956.9(a) with respect to two matters of existing litigation involving the City and/or the Agency, The following cases/claims will be discussed: a) Quality Contractors Network vs. Temecula Valley Museum and b) Claim of Westside City II (Bill Dendy). 3. Conference with City Attorney pursuant to Govemment Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a signfficant exposure to litigation involving the City and the Agency based on existing facts and circumstances. 4. Discussion of candidates for position of City Manager pursuant to Government Code Section 54957. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Reverend Lyle Peterson. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. PRESENTATIONS/PROCLAMATIONS Certificate of Special Achievement to Nell Everett Plummer for attaining EaGle Scout rank Mayor Pro Tern Stone presented the Certificate to Nell Everett Plummer. Certificate of Special Achievement to Scott C. Robertson for attainincl EaGle Scout rank Mayor Pro Tem Stone presented the Certificate to Scott C. Robertson. Certificate of Special Achievement to Robert Bdan Slater for attaining EaGle Scout rank Mayor Pro Tem Stone presented the Certificate to Robert Bdan Slater. Certificate of ADDreciation to Honorable Arunia "Vic" Saravdadan Mayor Pro Tem Stone presented the Certificate to Honorable Saraydarian who, with appreciation, was in attendance to accept the Certificate. Certificate of APpreciation to the Assistance LeaGue of Temecula Valley Mayor Pro Tem Stone presented the Certificate which was accepted by Ms. Peggy Wiley and Ms. Maryann Edwards. Certificate of ApDreciation to JoseDh Kicak Mayor Ford presented the Certificate to retiring Public Works Director Kicak who relayed his delight with having had the opportunity to work for the City of Temecula. At this time, Mayor Ford presented to Councilman Comerchero his five-year service pin. PU~L!C 3C'M?,~-:NTS Ms. Kay Willjams and Ms. Melody Brunsting, representing the Temecula Town Association on behalf of the Temecula Rod Run, presented the Councilmembers with Rod Run momentos and invited all to attend the planned Rod Run festivities. CITY COUNCIL REPORTS A. Mayor Prc ~'em Stone aavised that he had ~,~enaed a California Leag.s of Cities meeting at which the fallout of the Vehicle License Fee was discussed, advising that there is no allocation guarantee to the cities from the State if the economy were to decline but that there will be an allocation guarantee for the upcoming second and third phase reductions. B. Impressed with the number of Eagle Scout Certificates the City has presented, Mayor Pro Tern Stone encouraged all non-profit organizations to apply for the second phase of the City's Community Services Funding Program, noting that the application deadline is March 5, 1999. C. Reviewing the ongoing progress of RTA services, Councilman Lindemans noted that in the near future individuals will be able to travel by bus to Lake E!sinore, Hemet, and Riverside. D. Commenting on the benefits the City has derived from retidng Public Works Director Kicak's experience, Councilman Roberts noted that Mr. Kicak will be greatly missed. E. Councilman Roberts informed the City Council that he has been selected to serve on the 1999 Transportation Infrastructure and Services Steering Committee which develops policies and recommendations for consideration and review by the Policy Committee. F. Councilman Roberts advised that he will be attending the upcoming Riverside County Transportation Committee at which a vote will be taken which would allocate $816,000 to the City for the Jefferson Avenue/Front Street rehabilitation. G. Mayor Ford advised that he has been appointed as Vice Chairman of the Riverside County Habitat Conservation Agency and that discussions are pursuing with regard to the multi-species plan/open space plan for Riverside County, noting that he will keep the Council apprised. CONSENTCALENDAR Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 3 Minutes RECOMMENDATION: 2.1 Approve the minutes of January 12, 1999; 2.2 Approve the minutes of January 21, 1999. (Due to his absence from the January 21, 1999, City Council meeting, Mayor Pro Tem Stone noted that he would be abstaining with regard to this issue.) Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 99-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 6 7 City Treasurers Report as of December 31, 1998 RECOMMENDATION: 4.1 Receive and file the City Treasurers Report as of December 31, 1998. City Deleqation to Voorbura, The Netherlands RECOMMENDATION: 5.1 Approve an official City delegation to travel to Voorburg, The Netherlands in a joint tnp with the Temecuta Sister Cities Association. First Amendment to Acting City Manaaer AGreement RECOMMENDATION: 6.1 Approve the First Amendment to the Employment Agreement. Property Insurance Renewal RECOMMENDATION: 7.1 Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Royal/Agriculture and Frontier Insurance Company for the penod of February 26,1999 through February 26, 2000 in the amount of $61,764. Purchase of One (1) City Vehicle (Truck) RECOMMENDATION: 8.1 Approve :ne purc.nase o: ,3ne (I) 1999 Chevrolet full-size pick-up from Paradise Chevrolet in the amount of $25,094.36. Records Destruction Approval RECOMMENDATION: 9,1 Approve the scheduled destruction of certain City records in accordance= with the Ci~ of Temecu~a approveg Recoms Retention Pohcy. 10 11 12 13 State Historical Desienation for Burnham Store ('l'emecula Mercantile) RECOMMENDATION: 10.1 Authorize the Mayor to sign the attached letter of support forwarding the Point of Historical Interest Application for the Burnham Store to the State Office of Histonc Preservation. (This Consent Calendar Item was continued to the meeting of February 23, 1999.) Acceptance of Public Streets into the City-Maintained Street System (within Tract No. 23142 - located northeasterly of the intersection of Meadows Pareway at Rancno California Road) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 99-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 23142) Accept Public Improvements in Tract No. 23142 (located northeasterly of the intersection of Meadows Parkway at Rancho California Road) RECOMMENDATION: 12.1 Accept the Public Improvements in Tract No. 23142; 12.2 Authonze the reduction in Faithful Performance security to the warranty amount and initiation of the one-year warranty penoa; 12.3 Direct the City Clerk to so advise the developer and surety. Mamanta Road/Overland Drive and Lone Canyon Creek Improvements Reimbursement Aereement with Rancbo California Water Distdct for Work Performed Dunne Construction - Project No. PW97-07 RECOMMENDATION: 13.1 Approve the attached reimbursement agreement with Rancho California Water Distnct (RCWD) for the cost to relocate existing water improvements necessary for the construction of Marganta Road/Overland Ddve and Long Canyon Creek Improvements - Project No, PW97-07 - and authonze the Mayor to execute the agreement; 13.2 Increase the Construction Contingency amount by $47,200.00 to cover the additional work; 13.3 Approve an appropriation of $47,200.00 from Reimbursement Revenue to the project account. 14 15 Rancho California Road at Interstate Route 15- Bddae Widening and Northbound Ramp Improvements - Proiect No. PW95-12 - Increase Construction ContinGency RECOMMENDATION: 14.1 Authorize the Acting City Manager to approve change orders with Riverside Construction Company for Rancho California Road at Interstate Route 15 - Bddge Widening and Northbound Ramp Improvements (Project No. PW95-12) in an additional amount of $82,000.00 above the previously approved 10% contingency. Professional Services A.Greement with Parsons Bdnckerhoff Quade & DouGlas, Inc. for the Final DesiGn Southbound Off-RamP and I-15 Widening north of Winchester Road - Proiect No. PW98-07 - and Northbound On-Ramp Widening RECOMMENDATION: 15.1 Approve the Professional Services Agreement between the City of Temecula and Parsons Bdnckerhoff Quade & Douglas, Inc, for the final design of the southbound Off-Ramp, I-15 widening north Winchester Road - Project No. PVV98-07 - and additional widening to the northbound On-ramp from Winchester Road north 400 feet for $122,826.00 and authorize the Mayor to execute the contract; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $12,282.00 which is equal to 10% of the contract amount; 15.3 Authonze the transfer of $60,226.00 from the construction budget to the design budget for the additional design costs associated with a change to the project scope of work. ~rofessional Services AGreement with Parsons Bnnct<ernoff Quade & DouGlas, Inc. for Final DesiGn Southbound Off-Ramp and I-15 Widening north of Rancho California Road - Project No. PW98-08 RECOMMENDATION: 16.1 Approve the Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quacie & Douglas. Inc. for the final ~ssign of the southboun~ Off-Ramp and I-t5 wiaenmg norm Ranc-no ~alifornia Road - ~'roject No. PW98-08 - for $94,368.00 and authorize the Mayor to execute the contract; 16.2 Authonze the City Manager to approve change orders not to exceed the contingency amount of $9,436.00 which is equal to 10% of the contract amount; 16.3 Authorize the transfer of $48,000.00 from the construction budget to the design budget for the additional design costs associated with a change to the project scope of work. 17 Professional Services AGreement for Pile DesiGn Revisions and Review and Processing of Retaining Wall ChanGes for the Overland Ddve OvercrossinG at Interstate Route 15 - Proiect No. PW95-11 RECOMMENDATION: 17.1 Approve a professional services agreement with TYLIN-InternationaI-McDaniel in an amount not to exceed $35,500 for foundation pile redesign and review of revised retaining walls for the Ovedand Drive Overcrossing at Interstate Route 15 and authorize the Mayor to execute the contract; 17.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of 10% of the agreement amount. 18 Amendment No. I to Professional Services AGreement with Petra Geotechnical, Inc. for the Rancho California Road/Interstate Route 15 InterchanGe- Project No. PW95-12 RECOMMENDATION: 18.1 Approve Amendment No. I to Professional Services Agreement between the City of Temecula and Petra Geotechnical, Inc. to provide additional Professional Inspection Services for the Rancho California Road/Interstate Route 15 Interchange- Project No. PW95-12 - in an amount not to exceed $29,000.00 and authorize the Mayor to sign Amendment No. 1. 19 2O Professional Services AGreement with Parsons Brinckerhoff Quade & DouGlas, Inc. for Additional Improvements for the Rancho California Road InterchanGe RECOMMENDATION: 19.1 Approve a Professional Services Agreement between the City of Temecula and Parsons Brinckerhoff Quaae & Douglas, Inc. to provide additional design for the Rancno California Road Interchange improvements for $45,503.00 and authonze the Mayor to execute the contract; 19.2 Authonze the City Manager to approve change orders not to exceed the contingency amount of $4,550.30 which is equal to 10% of the contract amount; 19.3 Appropnate $50,100.00 from the General Fund Unreserved fund balance to Consulting Services Line Item in the CIP Administration operating budget. Authonzation to Solicit Construction Bids for the Street Name SiGn Replacement Proiect - Project No. PW98-18 RECOMMENDATION: 20.1 Approve the plans and specifications and authorize the Department of Public Worl<s to solicit construction bids for the Street Name Sign Replacement - Project No. PW98-18. 21 Mamarita Road/Overland Drive Street Improvement Sewer A.ereement with Pacific Century Homes for Work to be Performed during Project No. PW97-07 RECOMMENDATION: 21.1 Approve the attached Agreement with Pacific Century Homes for the cost to install certain sewer improvements within the Margarita Road/Overland Drive Street Improvement - Project No. PW97-07 - that is necessary to serve the Pacific Century Homes project and authorize the Mayor to execute the Agreement; 21.2 Increase the Construction Contingency by $25,360.00 to cover this additional work; 21.3 Approve an appropnation of $25,360.00 from Reimbursement Revenue to the project account. 22 Professional Services AGreement for Ovedand Drive OvercrossinG - Project No. PW95-11 RECOMMENDATION: 22.1 Approve a Professional Services Agreement for Construction Support Services for Overland Ddve Overcrossing - Project No. PW95-11 - to TYLIN International- McDaniel for $38,270.00 and authorize the Mayor to execute the contract; 22.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,827.00 which is equal to 10% of the contract amount. 23 Acceleration of BudGeted Funds for Ovedand Ddve OvercrossinG - Project No. PW95-11 RECOMMENDATION: 23.1 Approve the acceleration of $4,230,000.00 from the Capital Improvement Budget for FY 1999-2000 t.~ ~e current Fv! 998-1999 buoge.', for the Ovenant 2':ve Overcross~ng - Projet: ~o. ~W95--i i. 24 Second Reading of Ordinance No. 99-05 RECOMMENDATION: 24.1 Adopt an ordinance entitled: ORDINANCE NO. 99-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 9.14.010 AND 9.14.020 PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES MOTION: Councilman Roberts moved to approve Consent Calendar Item Nos. 1-9,11-13, 15-22, and 24 (Item No. 10 was continued to the February 23, 1999, City Council meeting; Item Nos. 14 and 23 were pulled for separate discussion; see below). The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval with the exception of Mayor Pro Tem Stone who abstained with regard to Item No. 2.2. CONSENT CALENDAR ITEMS SEPARATELY DISCUSSED 14 Rancho California Road at Interstate Route 15 - Bridc3e Widening and Northbound Ramp Improvements - Project No. PW95-12 - Increase Construction Commeencv RECOMMENDATION: 14.1 Authorize the Acting City Manager to approve change orders with Riverside Construction Company for Rancho California Road at interstate Route 15 - Bddge Widening and Northbound Ramp Improvements (Project No. PW95-12) in an additional amount of $82,000.00 above the previously approved 10% contingency. In response to Mayor Pro Tern Stone, Public Works Director Kicak presented the staff report (as per agenda matehal) with Senior Engineer Hughes further clarifying the proposed change order increase, commenting on the unpredictable utility conflicts, and noting that the change orders for this project have been carefully reviewed and monitored by staff and that the proposed costs are justifiable. MOTION: Councilman Lindemans moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 23 Acceleration of Budc~eted Funds for Ovedand Ddve Overcrossina - Project No. PW95-11 RECOMMENDATION: 23.1 Approve the acceleration of $4,230,000.00 from the Capital Improvement Budget for FY 1999-2000 to the current FY!998-1999 budget for the Ovenand Ddve Overcrossing - Project No. PW95-11. Public Works Director Kicak reviewed the staff report (of record). MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected unanimous approval. PUBLIC HEARINGS 25 APPeal of the Plannin.Q Commission's Denial of Planning Application No. PA98-0347 (Development Plan)- The design, construction and operation of 15 speculative industrial/manufacturinG/office buildings totaling 81,885 scluare feet located on two parcels consisting of 6.02 acres with associated Darkincl and landscaPinG (located on the west side of Commerce Center Ddve adiacent to Mumeta Creek north of Via Montezuma) (Continued from the January 26, 1999, City Council meeting.) RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AFFRIMING THE ACTION OF THE PLANNING COMMISSION DENYING PLANNING APPLICATION NO. PA 98- 0347 DEVELOPMENT PLAN - THE DESIGN, CONSTRUCTION AND OPERATION OF 15 SPECULATIVE INDUSTRIAL, 'MANUFACTURING, OFFICE BUILDINGS TOTALING 81,885 SQUARE FEET LOCATED ON TWO PARCELS CONSISTING OF 6.02 ACRES WITH ASSOCIATED PARKING AND LANDSCAPING LOCATED ON THE WEST SIDE OF COMMERCE CENTER DRIVE, ADJACENT TO MURRIETA CREEK, NORTH OF VIA MONTEZUMA, KNOWN AS ASSESSOR'S PARCEL NOS. 921400-017 AND 921-400-044 In light of the submittal time of the information received from the application, Deputy City .,Manage~ =~,om,"i!i aavised that staff was unable to provfoe ~t in ~-~e staff report and that staff has not nac~ the opportunity to fully rewew me informauon wn~cn Mr. Maneham will be orally rewewing. At this time, Mayor Ford opened the public heanng. Referencing submitted matehal of record (copies provided to the Councilmembers), Mr. Larry Markham, 41750 Winchester Road, representing the applicant, informed the Council of the aDolicant's willingness to construct a concrete block/tilt-up wall along the south side: reviewed the parking requirements for office, manufacunng, aria warehouse uses, noting that Re proposea project will exceed those requirements, as per the Development Code, by 54 spaces; and clarified that parking spaces are being assigned to each individual building, advising that there will be no shared parking. Mr. Markham further noted the following: that each individual owner will own the individual building pad and that the landscaping, driveways, and parking area will be owned by the property association; 10 · that the proposed CC&Rs have been provided to staff for review; · that the proposed development will as well fall under the jurisdiction of the Winchester Commerce Centers CC&Rs, which also prohibits outside storage; · that the potential tenants/owners have expressed a desire to retain the gated areas; that the developer will provide fencing but that the gates will not be installed unless the particular buyer and/or tenant is aesirous to have them installed at which time a gate could be installed at the owners own accord; that the applicant has requested the imposition of two Conditions of Approval - one permitting the installation of fencing and gating after the recordation of the Final Map and after the formation of the property association and another condition prohibiting outside storage. If the Council were to disapprove of the proposed fencing and gating plans, Mr. Markham noted that the applicant would request that the Council approve, at a minimum, fencing between the vanous units to cleady delineate the individual parking areas for each unit. With respect to a suggestion mentioned at the January 26, 1999, City Council meeting, Mr. Markham advised that the placement of a front gate for the overall project would not be feasible in that it would limit off- hour delivenes. Addressing the concern with regard to outside storage and related Code enforcement, Mr. Markham, for Councilman Comerchero, advised that with the Council's imposition of a Condition of Approval prohibiting outside storage, the City would have measures in place to address such a violation. Councilman Lindemans requested that the proposed individual unit fencing be higher and that it be moved back, ensunng enough room four parked cars, and that the proposed fencing, for the m~ddle units, be removed. By way of ovemeads. Mr. Markham further elaborated on the proposed fencing and gating plan, noting tinat the applicant, at a minimum, would request that the delineating fences be approved with no gates. Mr. Markham advised that if gates were approved, the necessary access would be provided to the Fire Department. It was noted, by Mr. Markham, that the parcel merger has been filed but that it was put on hold after the Planning Commission heanng. City Attomey Thorson advised that the City Council may impose a Condition of Approval requiring the removal of the fencing within a specified time if outside storage were to occur; notec~ that pnor to enforcing the condition, the Planning Commission must hold a public heanng to cletermine failure of adhenng to the Condition of Approval; suggested that the Council approve two Conditions of Approval - one to prohibit outside storage and another which would address the number of allowable violations pnor to it being reviewed by the Planning Commission for possible revocation of the fencing; and clarified that imposition of a condition with regard to the outside storage would grant the City the authority to address this issue. Deputy City Manager Thomhill advised, for Mayor Ford, that each property must adhere to its own parking requirements and if those requirements are not met, the owner must apply for an adjustment. 11